" ! HOUSE OF REPRESENTATIVES 108TH CONGRESS

2d Session 

REPORT

108–792 

MAKING APPROPRIATIONS FOR FOREIGN 

OPERATIONS, EXPORT FINANCING, AND 

RELATED PROGRAMS FOR THE FISCAL 

YEAR ENDING SEPTEMBER 30, 2005, AND 

FOR OTHER PURPOSES 

CONFERENCE REPORT 

TO ACCOMPANY

H.R. 4818 

NOVEMBER 20 (legislative day, NOVEMBER 19), 2004.—Ordered to be 

printed 


E:\Seals\Congress.#13
MAKING APPROPRIATIONS FOR FOREIGN OPERATIONS, EXPORT FINANCING, 

30, 2005, AND FOR OTHER PURPOSES AND RELATED PROGRAMS FOR THE FISCAL YEAR ENDING SEPTEMBER 

U.S. GOVERNMENT PRINTING OFFICE

WASHINGTON : 

1 

96–906 

" ! HOUSE OF REPRESENTATIVES 108TH CONGRESS

2d Session 

REPORT

2004

108–792 

MAKING APPROPRIATIONS FOR FOREIGN 

OPERATIONS, EXPORT FINANCING, AND 

RELATED PROGRAMS FOR THE FISCAL 

YEAR ENDING SEPTEMBER 30, 2005, AND 

FOR OTHER PURPOSES 

CONFERENCE REPORT 

TO ACCOMPANY

H.R. 4818 

NOVEMBER 20 (legislative day, NOVEMBER 19), 2004.—Ordered to be 

printed 


E:\Seals\Congress.#13
108TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 2d Session 108–792 

MAKING APPROPRIATIONS FOR FOREIGN OPERATIONS, 

EXPORT FINANCING, AND RELATED PROGRAMS FOR 

THE FISCAL YEAR ENDING SEPTEMBER 30, 2005, AND 

FOR OTHER PURPOSES 

NOVEMBER 20 (legislative day of NOVEMBER 19), 2004.—Ordered to be printed 

Mr. YOUNG of Florida, from the committee of conference, 

submitted the following 

CONFERENCE REPORT 

[To accompany H.R. 4818] 

The committee of conference on the disagreeing votes of the 

two Houses on the amendment of the Senate to the bill (H.R. 4818) 

‘‘making appropriations for foreign operations, export financing, 

and related programs for the fiscal year ending September 30, 

2005, and for other purposes’’, having met, after full and free conference, have agreed to recommend and do recommend to their respective Houses as follows: 

That the House recede from its disagreement to the amendment of the Senate, and agree to the same with an amendment, as 

follows: 

In lieu of the matter stricken and inserted by said amendment, 

insert: 

SECTION 1. SHORT TITLE. 

This Act may be cited as the ‘‘Consolidated Appropriations Act, 

2005’’. 

SEC. 2. TABLE OF CONTENTS. 

The table of contents for this Act is as follows: 

Sec. 1. Short Title 

Sec. 2. Table of Contents 

Sec. 3. References 

Sec. 4. Statement of Appropriations 

DIVISION A—AGRICULTURE, RURAL DEVELOPMENT, FOOD AND DRUG 

ADMINISTRATION, AND RELATED AGENCIES APPROPRIATIONS ACT, 2005 

Title I—Agricultural Programs 

Title II—Conservation Programs 

Title III—Rural Development Programs 

2 

Title IV—Domestic Food Programs 

Title V—Foreign Assistance and Related Programs 

Title VI—Related Agencies and Food and Drug Administration 

Title VII—General Provisions 

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

JUDICIARY, AND RELATED AGENCIES APPROPRIATIONS ACT, 2005 

Title I—Department of Justice 

Title II—Department of Commerce and Related Agencies 

Title III—The Judiciary 

Title IV—Department of State and Related Agency 

Title V—Related Agencies 

Title VI—General Provisions 

Title VII—Rescissions 

Title VIII—Patent and Trademark Fees 

Title IX—Oceans and Human Health Act 

DIVISION C—ENERGY AND WATER DEVELOPMENT APPROPRIATIONS ACT, 

2005 

Title I—Department of Defense—Civil 

Title II—Department of the Interior 

Title III—Department of Energy 

Title IV—Independent Agencies 

Title V—General Provisions 

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

DIVISION D—FOREIGN OPERATIONS, EXPORT FINANCING, AND RELATED 

PROGRAMS APPROPRIATIONS ACT, 2005 

Title I—Export and Investment Assistance 

Title II—Bilateral Economic Assistance 

Title III—Military Assistance 

Title IV—Multilateral Economic Assistance 

Title V—General Provisions 

DIVISION E—DEPARTMENT OF THE INTERIOR AND RELATED AGENCIES 

APPROPRIATIONS ACT, 2005 

Title I—Department of the Interior 

Title II—Related Agencies 

Title III—General Provisions 

Title IV—Urgent Wildland Fire Suppression Activities 

Title V—General Reduction 

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

AND EDUCATION, AND RELATED AGENCIES APPROPRIATIONS ACT, 2005 

Title I—Department of Labor 

Title II—Department of Health and Human Services 

Title III—Department of Education 

Title IV—Related Agencies 

Title V—General Provisions 

DIVISION G—LEGISLATIVE BRANCH APPROPRIATIONS ACT, 2005 

Title I—Legislative Branch Appropriations 

Title II—General Provisions 

DIVISION H—TRANSPORTATION, TREASURY, INDEPENDENT AGENCIES, 

AND GENERAL GOVERNMENT APPROPRIATIONS ACT, 2005 

Title I—Department of Transportation 

Title II—Department of the Treasury 

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

Title IV—Independent Agencies 

Title V—General Provisions 

Title VI—General Provisions 

DIVISION I—DEPARTMENTS OF VETERANS AFFAIRS AND HOUSING AND 

URBAN DEVELOPMENT, AND INDEPENDENT AGENCIES APPROPRIATIONS ACT, 2005 

Title I—Department of Veterans Affairs 

3 

Title II—Department of Housing and Urban Development 

Title III—Independent Agencies 

Title IV—General Provisions 

DIVISION J—OTHER MATTERS 

Title I—Miscellaneous Provisions and Offsets 

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

Title III—Rural Air Service Improvement Act of 2004 

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

Title V—National Aviation Heritage Area Act 

Title VI—Oil Region National Heritage Area Act 

Title VII—Mississippi Gulf Coast National Heritage Area Act 

Title VIII—Federal Lands Recreation Enhancement Act 

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

Title X—Snake River Water Rights Act of 2004 

DIVISION K—SMALL BUSINESS 

SEC. 3. REFERENCES. 

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

Act’’ contained in any division of this Act shall be treated as referring only to the provisions of that division. 

SEC. 4. STATEMENT OF APPROPRIATIONS. 

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

money in the Treasury not otherwise appropriated, for the fiscal 

year ending September 30, 2005. 

DIVISION A—AGRICULTURE, RURAL DEVELOPMENT, FOOD 

AND DRUG ADMINISTRATION, AND RELATED AGENCIES 

APPROPRIATIONS ACT, 2005 

TITLE I 

AGRICULTURAL PROGRAMS 

PRODUCTION, PROCESSING, AND MARKETING

OFFICE OF THE SECRETARY

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

amount shall be available for official reception and representation 

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

EXECUTIVE OPERATIONS

CHIEF ECONOMIST

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

new uses, and the functions of the World Agricultural Outlook 

Board, as authorized by the Agricultural Marketing Act of 1946 (7 

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

NATIONAL APPEALS DIVISION

For necessary expenses of the National Appeals Division, 

$14,331,000. 

4 

OFFICE OF BUDGET AND PROGRAM ANALYSIS

For necessary expenses of the Office of Budget and Program 

Analysis, $8,228,000. 

HOMELAND SECURITY STAFF

For necessary expenses of the Homeland Security Staff, 

$775,000. 

OFFICE OF THE CHIEF INFORMATION OFFICER

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

COMMON COMPUTING ENVIRONMENT

For necessary expenses to acquire a Common Computing Environment for the Natural Resources Conservation Service, the Farm 

and Foreign Agricultural Service, and Rural Development mission 

areas for information technology, systems, and services, 

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

asset acquisition of shared information technology systems, including services as authorized by 7 U.S.C. 6915–16 and 40 U.S.C. 1421– 

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

the Department of Agriculture Service Center Modernization Plan of 

the county-based agencies, and shall be with the concurrence of the 

Department’s Chief Information Officer. 

OFFICE OF THE CHIEF FINANCIAL OFFICER

For necessary expenses of the Office of the Chief Financial Officer, $5,742,000: Provided, That the Chief Financial Officer shall actively market and expand cross-servicing activities of the National 

Finance Center: Provided further, That no funds made available by 

this appropriation may be obligated for FAIR Act or Circular A–76 

activities until the Secretary has submitted to the Committees on 

Appropriations of both Houses of Congress and the Committee on 

Government Reform of the House of Representatives a report on the 

Department’s contracting out policies, including agency budgets for 

contracting out. 

WORKING CAPITAL FUND

For the acquisition of disaster recovery and continuity of operations technology of the National Finance Center’s data, 

$12,850,000, to remain available until expended. 

OFFICE OF THE ASSISTANT SECRETARY FOR CIVIL RIGHTS

For necessary salaries and expenses of the Office of the Assistant Secretary for Civil Rights, $818,000. 

OFFICE OF CIVIL RIGHTS

For necessary expenses of the Office of Civil Rights, 

$19,889,000. 

5 

OFFICE OF THE ASSISTANT SECRETARY FOR ADMINISTRATION

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

AGRICULTURE BUILDINGS AND FACILITIES AND RENTAL PAYMENTS

(INCLUDING TRANSFERS OF FUNDS)

For payment of space rental and related costs pursuant to Public Law 92–313, including authorities pursuant to the 1984 delegation of authority from the Administrator of General Services to the 

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

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

alterations and other actions needed for the Department and its 

agencies to consolidate unneeded space into configurations suitable 

for release to the Administrator of General Services, and for the operation, maintenance, improvement, and repair of Agriculture buildings and facilities, and for related costs, $163,870,000, to remain 

available until expended: Provided, That not to exceed 5 percent of 

amounts which are made available for space rental and related 

costs for the Department of Agriculture in this Act may be transferred between such appropriations to cover the costs of new or replacement space 15 days after notice thereof is transmitted to the 

Appropriations Committees of both Houses of Congress. 

HAZARDOUS MATERIALS MANAGEMENT

(INCLUDING TRANSFERS OF FUNDS)

For necessary expenses of the Department of Agriculture, to 

comply with the Comprehensive Environmental Response, Compensation, and Liability Act (42 U.S.C. 9601 et seq.) and the Resource Conservation and Recovery Act (42 U.S.C. 6901 et seq.), 

$15,532,000, to remain available until expended: Provided, That appropriations and funds available herein to the Department for Hazardous Materials Management may be transferred to any agency of 

the Department for its use in meeting all requirements pursuant to 

the above Acts on Federal and non-Federal lands. 

DEPARTMENTAL ADMINISTRATION

(INCLUDING TRANSFERS OF FUNDS)

For Departmental Administration, $22,626,000, to provide for 

necessary expenses for management support services to offices of the 

Department and for general administration, security, repairs and 

alterations, and other miscellaneous supplies and expenses not otherwise provided for and necessary for the practical and efficient 

work of the Department: Provided, That this appropriation shall be 

reimbursed from applicable appropriations in this Act for travel expenses incident to the holding of hearings as required by 5 U.S.C. 

551–558. 

6 

OFFICE OF THE ASSISTANT SECRETARY FOR CONGRESSIONAL

RELATIONS

(INCLUDING TRANSFERS OF FUNDS)

For necessary salaries and expenses of the Office of the Assistant Secretary for Congressional Relations to carry out the programs 

funded by this Act, including programs involving intergovernmental 

affairs and liaison within the executive branch, $3,852,000: Provided, That these funds may be transferred to agencies of the Department of Agriculture funded by this Act to maintain personnel 

at the agency level: Provided further, That no funds made available 

by this appropriation may be obligated after 30 days from the date 

of enactment of this Act, unless the Secretary has notified the Committees on Appropriations of both Houses of Congress on the allocation of these funds by USDA agency: Provided further, That no 

other funds appropriated to the Department by this Act shall be 

available to the Department for support of activities of congressional 

relations. 

OFFICE OF COMMUNICATIONS

For necessary expenses to carry out services relating to the coordination of programs involving public affairs, for the dissemination of agricultural information, and the coordination of information, work, and programs authorized by Congress in the Department, $9,365,000: Provided, That not to exceed $2,000,000 may be 

used for farmers’ bulletins. 

OFFICE OF THE INSPECTOR GENERAL

For necessary expenses of the Office of the Inspector General, including employment pursuant to the Inspector General Act of 1978, 

$78,289,000, including such sums as may be necessary for contracting and other arrangements with public agencies and private 

persons pursuant to section 6(a)(9) of the Inspector General Act of 

1978, and including not to exceed $125,000 for certain confidential 

operational expenses, including the payment of informants, to be expended under the direction of the Inspector General pursuant to 

Public Law 95–452 and section 1337 of Public Law 97–98. 

OFFICE OF THE GENERAL COUNSEL

For necessary expenses of the Office of the General Counsel, 

$35,861,000. 

OFFICE OF THE UNDER SECRETARY FOR RESEARCH, EDUCATION AND

ECONOMICS

For necessary salaries and expenses of the Office of the Under 

Secretary for Research, Education and Economics to administer the 

laws enacted by the Congress for the Economic Research Service, the 

National Agricultural Statistics Service, the Agricultural Research 

Service, and the Cooperative State Research, Education, and Extension Service, $592,000. 

7 

ECONOMIC RESEARCH SERVICE

For necessary expenses of the Economic Research Service in conducting economic research and analysis, as authorized by the Agricultural Marketing Act of 1946 (7 U.S.C. 1621–1627) and other 

laws, $74,768,000. 

NATIONAL AGRICULTURAL STATISTICS SERVICE

For necessary expenses of the National Agricultural Statistics 

Service in conducting statistical reporting and service work, including crop and livestock estimates, statistical coordination and improvements, marketing surveys, and the Census of Agriculture, as 

authorized by 7 U.S.C. 1621–1627 and 2204g, and other laws, 

$129,480,000, of which up to $22,405,000 shall be available until 

expended for the Census of Agriculture. 

AGRICULTURAL RESEARCH SERVICE

SALARIES AND EXPENSES

For necessary expenses to enable the Agricultural Research 

Service to perform agricultural research and demonstration relating 

to production, utilization, marketing, and distribution (not otherwise provided for); home economics or nutrition and consumer use 

including the acquisition, preservation, and dissemination of agricultural information; and for acquisition of lands by donation, exchange, or purchase at a nominal cost not to exceed $100, and for 

land exchanges where the lands exchanged shall be of equal value 

or shall be equalized by a payment of money to the grantor which 

shall not exceed 25 percent of the total value of the land or interests 

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

That appropriations hereunder shall be available for the operation 

and maintenance of aircraft and the purchase of not to exceed one 

for replacement only: Provided further, That appropriations hereunder shall be available pursuant to 7 U.S.C. 2250 for the construction, alteration, and repair of buildings and improvements, but unless otherwise provided, the cost of constructing any one building 

shall not exceed $375,000, except for headhouses or greenhouses 

which shall each be limited to $1,200,000, and except for 10 buildings to be constructed or improved at a cost not to exceed $750,000 

each, and the cost of altering any one building during the fiscal 

year shall not exceed 10 percent of the current replacement value of 

the building or $375,000, whichever is greater: Provided further, 

That the limitations on alterations contained in this Act shall not 

apply to modernization or replacement of existing facilities at Beltsville, Maryland: Provided further, That appropriations hereunder 

shall be available for granting easements at the Beltsville Agricultural Research Center: Provided further, That the foregoing limitations shall not apply to replacement of buildings needed to carry out 

the Act of April 24, 1948 (21 U.S.C. 113a): Provided further, That 

funds may be received from any State, other political subdivision, 

organization, or individual for the purpose of establishing or operating any research facility or research project of the Agricultural Research Service, as authorized by law: Provided further, That all 

rights and title of the United States in the 1.0664-acre parcel of 

land including improvements, as recorded at Book 1320, Page 253, 

8 

records of Larimer County, State of Colorado, shall be conveyed to 

the Board of Governors of the Colorado State University for the benefit of Colorado State University. 

None of the funds appropriated under this heading shall be 

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

or marketing of tobacco or tobacco products. 

BUILDINGS AND FACILITIES

For acquisition of land, construction, repair, improvement, extension, alteration, and purchase of fixed equipment or facilities as 

necessary to carry out the agricultural research programs of the Department of Agriculture, where not otherwise provided, 

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

COOPERATIVE STATE RESEARCH, EDUCATION, AND EXTENSION

SERVICE

RESEARCH AND EDUCATION ACTIVITIES

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

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

Act of 1887 (7 U.S.C. 361a–i), $180,148,000; for grants for cooperative forestry research (16 U.S.C. 582a through a–7), $22,384,000; for 

payments to the 1890 land-grant colleges, including Tuskegee University and West Virginia State University (7 U.S.C. 3222), 

$37,000,000, of which $1,507,496 shall be made available only for 

the purpose of ensuring that each institution shall receive no less 

than $1,000,000; for special grants for agricultural research (7 

U.S.C. 450i(c)), $121,284,000; for special grants for agricultural research on improved pest control (7 U.S.C. 450i(c)), $15,280,000; for 

competitive research grants (7 U.S.C. 450i(b)), $181,000,000; for the 

support of animal health and disease programs (7 U.S.C. 3195), 

$5,098,000; for supplemental and alternative crops and products (7 

U.S.C. 3319d), $1,196,000; for grants for research pursuant to the 

Critical Agricultural Materials Act (7 U.S.C. 178 et seq.), 

$1,111,000, to remain available until expended; for the 1994 research grants program for 1994 institutions pursuant to section 536 

of Public Law 103–382 (7 U.S.C. 301 note), $1,087,000, to remain 

available until expended; for rangeland research grants (7 U.S.C. 

3333), $1,000,000; for higher education graduate fellowship grants 

(7 U.S.C. 3152(b)(6)), $3,000,000, to remain available until expended (7 U.S.C. 2209b); for higher education challenge grants (7 

U.S.C. 3152(b)(1)), $5,500,000; for a higher education multicultural 

scholars program (7 U.S.C. 3152(b)(5)), $998,000, to remain available until expended (7 U.S.C. 2209b); for an education grants program for Hispanic-serving Institutions (7 U.S.C. 3241), $5,645,000; 

for noncompetitive grants for the purpose of carrying out all provisions of 7 U.S.C. 3242 (section 759 of Public Law 106–78) to individual eligible institutions or consortia of eligible institutions in 

Alaska and in Hawaii, with funds awarded equally to each of the 

States of Alaska and Hawaii, $3,500,000; for a secondary agriculture education program and 2-year post-secondary education (7 

U.S.C. 3152(j)), $1,000,000; for aquaculture grants (7 U.S.C. 3322), 

$4,000,000; for sustainable agriculture research and education (7 

U.S.C. 5811), $12,500,000; for a program of capacity building 

9 

grants (7 U.S.C. 3152(b)(4)) to colleges eligible to receive funds 

under the Act of August 30, 1890 (7 U.S.C. 321–326 and 328), including Tuskegee University and West Virginia State University, 

$12,411,000, to remain available until expended (7 U.S.C. 2209b); 

for payments to the 1994 Institutions pursuant to section 534(a)(1) 

of Public Law 103–382, $2,250,000; for resident instruction grants 

for insular areas under section 1491 of the National Agricultural 

Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 

3363), $500,000; and for necessary expenses of Research and Education Activities, $42,889,000. 

None of the funds appropriated under this heading shall be 

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

or marketing of tobacco or tobacco products: Provided, That this 

paragraph shall not apply to research on the medical, biotechnological, food, and industrial uses of tobacco. 

NATIVE AMERICAN INSTITUTIONS ENDOWMENT FUND

For the Native American Institutions Endowment Fund authorized by Public Law 103–382 (7 U.S.C. 301 note), $12,000,000. 

EXTENSION ACTIVITIES

For payments to States, the District of Columbia, Puerto Rico, 

Guam, the Virgin Islands, Micronesia, Northern Marianas, and 

American Samoa, $449,225,000, as follows: payments for cooperative extension work under the Smith-Lever Act, to be distributed 

under sections 3(b) and 3(c) of said Act, and under section 208(c) 

of Public Law 93–471, for retirement and employees’ compensation 

costs for extension agents, $277,742,000; payments for extension 

work at the 1994 Institutions under the Smith-Lever Act (7 U.S.C. 

343(b)(3)), $3,273,000; payments for the nutrition and family education program for low-income areas under section 3(d) of the Act, 

$58,909,000; payments for the pest management program under section 3(d) of the Act, $10,000,000; payments for the farm safety program under section 3(d) of the Act, $4,600,000; payments to upgrade 

research, extension, and teaching facilities at the 1890 land-grant 

colleges, including Tuskegee University and West Virginia State 

University, as authorized by section 1447 of Public Law 95–113 (7 

U.S.C. 3222b), $16,912,000, to remain available until expended; 

payments for youth-at-risk programs under section 3(d) of the 

Smith-Lever Act, $7,538,000; for youth farm safety education and 

certification extension grants, to be awarded competitively under 

section 3(d) of the Act, $444,000; payments for carrying out the provisions of the Renewable Resources Extension Act of 1978 (16 U.S.C. 

1671 et seq.), $4,093,000; payments for Indian reservation agents 

under section 3(d) of the Smith-Lever Act, $1,774,000; payments for 

sustainable agriculture programs under section 3(d) of the Act, 

$4,100,000; payments for rural health and safety education as authorized by section 502(i) of Public Law 92–419 (7 U.S.C. 2662(i)), 

$1,981,000; payments for cooperative extension work by the colleges 

receiving the benefits of the second Morrill Act (7 U.S.C. 321–326 

and 328) and Tuskegee University and West Virginia State University, $33,133,000, of which $1,724,884 shall be made available only 

for the purpose of ensuring that each institution shall receive no less 

than $1,000,000; for grants to youth organizations pursuant to secVerDate Aug 04 2004 07:33 Dec 01, 2004 Jkt 096906 PO 00000 Frm 00013 Fmt 6659 Sfmt 6603 E:\HR\OC\HR792.XXX HR792
10 

tion 7630 of title 7, United States Code, $2,667,000; and for necessary expenses of Extension Activities, $22,059,000. 

INTEGRATED ACTIVITIES

For the integrated research, education, and extension grants 

programs, including necessary administrative expenses, 

$55,153,000, as follows: for competitive grants programs authorized 

under section 406 of the Agricultural Research, Extension, and Education Reform Act of 1998 (7 U.S.C. 7626), $43,058,000, including 

$12,971,000 for the water quality program, $14,967,000 for the food 

safety program, $4,200,000 for the regional pest management centers program, $4,500,000 for the Food Quality Protection Act risk 

mitigation program for major food crop systems, $1,400,000 for the 

crops affected by Food Quality Protection Act implementation, 

$3,131,000 for the methyl bromide transition program, and 

$1,889,000 for the organic transition program; for a competitive 

international science and education grants program authorized 

under section 1459A of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3292b), to remain 

available until expended, $1,000,000; for grants programs authorized under section 2(c)(1)(B) of Public Law 89–106, as amended, 

$750,000, to remain available until September 30, 2006 for the critical issues program, and $1,345,000 for the regional rural development centers program; and $9,000,000 for the homeland security 

program authorized under section 1484 of the National Agricultural 

Research, Extension, and Teaching Act of 1977, to remain available 

until September 30, 2006. 

OUTREACH FOR SOCIALLY DISADVANTAGED FARMERS

For grants and contracts pursuant to section 2501 of the Food, 

Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 2279), 

$5,935,000, to remain available until expended. 

OFFICE OF THE UNDER SECRETARY FOR MARKETING AND

REGULATORY PROGRAMS

For necessary salaries and expenses of the Office of the Under 

Secretary for Marketing and Regulatory Programs to administer 

programs under the laws enacted by the Congress for the Animal 

and Plant Health Inspection Service; the Agricultural Marketing 

Service; and the Grain Inspection, Packers and Stockyards Administration; $721,000. 

ANIMAL AND PLANT HEALTH INSPECTION SERVICE

SALARIES AND EXPENSES

(INCLUDING TRANSFERS OF FUNDS)

For expenses, not otherwise provided for, necessary to prevent, 

control, and eradicate pests and plant and animal diseases; to carry 

out inspection, quarantine, and regulatory activities; and to protect 

the environment, as authorized by law, $814,623,000, of which 

$4,119,000 shall be available for the control of outbreaks of insects, 

plant diseases, animal diseases and for control of pest animals and 

birds to the extent necessary to meet emergency conditions; of which 

$47,500,000 shall be used for the boll weevil eradication program 

11 

for cost share purposes or for debt retirement for active eradication 

zones; of which $33,197,000 shall be available for a National Animal Identification program: Provided, That no funds shall be used 

to formulate or administer a brucellosis eradication program for the 

current fiscal year that does not require minimum matching by the 

States of at least 40 percent: Provided further, That this appropriation shall be available for the operation and maintenance of aircraft 

and the purchase of not to exceed four, of which two shall be for replacement only: Provided further, That, in addition, in emergencies 

which threaten any segment of the agricultural production industry 

of this country, the Secretary may transfer from other appropriations or funds available to the agencies or corporations of the Department such sums as may be deemed necessary, to be available 

only in such emergencies for the arrest and eradication of contagious or infectious disease or pests of animals, poultry, or plants, 

and for expenses in accordance with sections 10411 and 10417 of 

the Animal Health Protection Act (7 U.S.C. 8310 and 8316) and sections 431 and 442 of the Plant Protection Act (7 U.S.C. 7751 and 

7772), and any unexpended balances of funds transferred for such 

emergency purposes in the preceding fiscal year shall be merged 

with such transferred amounts: Provided further, That appropriations hereunder shall be available pursuant to law (7 U.S.C. 2250) 

for the repair and alteration of leased buildings and improvements, 

but unless otherwise provided the cost of altering any one building 

during the fiscal year shall not exceed 10 percent of the current replacement value of the building: Provided further, That no funds 

shall be used to implement a national animal identification system 

prior to notification to the Committees on Appropriations which 

shall include a detailed explanation of the components of such system. 

In fiscal year 2005, the agency is authorized to collect fees to 

cover the total costs of providing technical assistance, goods, or services requested by States, other political subdivisions, domestic and 

international organizations, foreign governments, or individuals, 

provided that such fees are structured such that any entity’s liability 

for such fees is reasonably based on the technical assistance, goods, 

or services provided to the entity by the agency, and such fees shall 

be credited to this account, to remain available until expended, 

without further appropriation, for providing such assistance, goods, 

or services. 

BUILDINGS AND FACILITIES

For plans, construction, repair, preventive maintenance, environmental support, improvement, extension, alteration, and purchase of fixed equipment or facilities, as authorized by 7 U.S.C. 

2250, and acquisition of land as authorized by 7 U.S.C. 428a, 

$4,967,000, to remain available until expended. 

AGRICULTURAL MARKETING SERVICE

MARKETING SERVICES

For necessary expenses to carry out services related to consumer 

protection, agricultural marketing and distribution, transportation, 

and regulatory programs, as authorized by law, and for administration and coordination of payments to States, $75,698,000, including 

12 

funds for the wholesale market development program for the design 

and development of wholesale and farmer market facilities for the 

major metropolitan areas of the country: Provided, That this appropriation shall be available pursuant to law (7 U.S.C. 2250) for the 

alteration and repair of buildings and improvements, but the cost 

of altering any one building during the fiscal year shall not exceed 

10 percent of the current replacement value of the building. 

Fees may be collected for the cost of standardization activities, 

as established by regulation pursuant to law (31 U.S.C. 9701). 

LIMITATION ON ADMINISTRATIVE EXPENSES

Not to exceed $64,459,000 (from fees collected) shall be obligated during the current fiscal year for administrative expenses: 

Provided, That if crop size is understated and/or other uncontrollable events occur, the agency may exceed this limitation by up to 

10 percent with notification to the Committees on Appropriations of 

both Houses of Congress. 

FUNDS FOR STRENGTHENING MARKETS, INCOME, AND SUPPLY

(SECTION 32)

(INCLUDING TRANSFERS OF FUNDS)

Funds available under section 32 of the Act of August 24, 1935 

(7 U.S.C. 612c), shall be used only for commodity program expenses 

as authorized therein, and other related operating expenses, except 

for: (1) transfers to the Department of Commerce as authorized by 

the Fish and Wildlife Act of August 8, 1956; (2) transfers otherwise 

provided in this Act; and (3) not more than $15,800,000 for formulation and administration of marketing agreements and orders pursuant to the Agricultural Marketing Agreement Act of 1937 and the 

Agricultural Act of 1961. 

PAYMENTS TO STATES AND POSSESSIONS

For payments to departments of agriculture, bureaus and departments of markets, and similar agencies for marketing activities 

under section 204(b) of the Agricultural Marketing Act of 1946 (7 

U.S.C. 1623(b)), $3,847,000, of which not less than $2,500,000 shall 

be used to make a grant under this heading. 

GRAIN INSPECTION, PACKERS AND STOCKYARDS ADMINISTRATION

SALARIES AND EXPENSES

For necessary expenses to carry out the provisions of the United 

States Grain Standards Act, for the administration of the Packers 

and Stockyards Act, for certifying procedures used to protect purchasers of farm products, and the standardization activities related 

to grain under the Agricultural Marketing Act of 1946, $37,299,000: 

Provided, That this appropriation shall be available pursuant to 

law (7 U.S.C. 2250) for the alteration and repair of buildings and 

improvements, but the cost of altering any one building during the 

fiscal year shall not exceed 10 percent of the current replacement 

value of the building. 

13 

LIMITATION ON INSPECTION AND WEIGHING SERVICES EXPENSES

Not to exceed $42,463,000 (from fees collected) shall be obligated during the current fiscal year for inspection and weighing 

services: Provided, That if grain export activities require additional 

supervision and oversight, or other uncontrollable factors occur, this 

limitation may be exceeded by up to 10 percent with notification to 

the Committees on Appropriations of both Houses of Congress. 

OFFICE OF THE UNDER SECRETARY FOR FOOD SAFETY

For necessary salaries and expenses of the Office of the Under 

Secretary for Food Safety to administer the laws enacted by the 

Congress for the Food Safety and Inspection Service, $595,000. 

FOOD SAFETY AND INSPECTION SERVICE

For necessary expenses to carry out services authorized by the 

Federal Meat Inspection Act, the Poultry Products Inspection Act, 

and the Egg Products Inspection Act, including not to exceed 

$50,000 for representation allowances and for expenses pursuant to 

section 8 of the Act approved August 3, 1956 (7 U.S.C. 1766), 

$823,760,000, of which no less than $742,305,000 shall be available 

for Federal food safety inspection; and in addition, $1,000,000 may 

be credited to this account from fees collected for the cost of laboratory accreditation as authorized by section 1327 of the Food, Agriculture, Conservation and Trade Act of 1990 (7 U.S.C. 138f): Provided, That no fewer than 63 full time equivalent positions above 

the fiscal year 2002 level shall be employed during fiscal year 2005 

for purposes dedicated solely to inspections and enforcement related 

to the Humane Methods of Slaughter Act: Provided further, That of 

the amount available under this heading, notwithstanding section 

704 of this Act, $3,000,000, available until September 30, 2006, 

shall be obligated to include the Humane Animal Tracking System 

as part of the Field Automation and Information Management System following notification to the Committees on Appropriations, 

which shall include a detailed explanation of the components of 

such system: Provided further, That of the total amount made available under this heading, no less than $20,653,000 shall be obligated 

for regulatory and scientific training: Provided further, That this 

appropriation shall be available pursuant to law (7 U.S.C. 2250) for 

the alteration and repair of buildings and improvements, but the 

cost of altering any one building during the fiscal year shall not exceed 10 percent of the current replacement value of the building. 

OFFICE OF THE UNDER SECRETARY FOR FARM AND FOREIGN

AGRICULTURAL SERVICES

For necessary salaries and expenses of the Office of the Under 

Secretary for Farm and Foreign Agricultural Services to administer 

the laws enacted by Congress for the Farm Service Agency, the Foreign Agricultural Service, the Risk Management Agency, and the 

Commodity Credit Corporation, $631,000. 

14 

FARM SERVICE AGENCY

SALARIES AND EXPENSES

(INCLUDING TRANSFERS OF FUNDS)

For necessary expenses for carrying out the administration and 

implementation of programs administered by the Farm Service 

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

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

the Commodity Credit Corporation to make program payments for 

all programs administered by the Agency: Provided further, That 

other funds made available to the Agency for authorized activities 

may be advanced to and merged with this account. 

STATE MEDIATION GRANTS

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

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

DAIRY INDEMNITY PROGRAM

(INCLUDING TRANSFER OF FUNDS)

For necessary expenses involved in making indemnity payments 

to dairy farmers and manufacturers of dairy products under a dairy 

indemnity program, $100,000, to remain available until expended: 

Provided, That such program is carried out by the Secretary in the 

same manner as the dairy indemnity program described in the Agriculture, Rural Development, Food and Drug Administration, and 

Related Agencies Appropriations Act, 2001 (Public Law 106–387, 

114 Stat. 1549A–12). 

AGRICULTURAL CREDIT INSURANCE FUND PROGRAM ACCOUNT

(INCLUDING TRANSFERS OF FUNDS)

For gross obligations for the principal amount of direct and 

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

U.S.C. 1941 et seq.) loans, Indian tribe land acquisition loans (25 

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

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

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

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

loans; operating loans, $2,035,000,000, of which $1,100,000,000 

shall be for unsubsidized guaranteed loans, $285,000,000 shall be 

for subsidized guaranteed loans and $650,000,000 shall be for direct loans; Indian tribe land acquisition loans, $2,000,000; and for 

boll weevil eradication program loans, $100,000,000: Provided, 

That the Secretary shall deem the pink bollworm to be a boll weevil 

for the purpose of boll weevil eradication program loans. 

For the cost of direct and guaranteed loans, including the cost 

of modifying loans as defined in section 502 of the Congressional 

Budget Act of 1974, as follows: farm ownership loans, $18,655,000, 

of which $7,420,000 shall be for guaranteed loans, and $11,235,000 

shall be for direct loans; operating loans, $139,049,000, of which 

$35,530,000 shall be for unsubsidized guaranteed loans, 

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

15 

$65,585,000 shall be for direct loans; and Indian tribe land acquisition loans, $105,000. 

In addition, for administrative expenses necessary to carry out 

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

$293,764,000 shall be transferred to and merged with the appropriation for ‘‘Farm Service Agency, Salaries and Expenses’’. 

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

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

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

transfer. 

RISK MANAGEMENT AGENCY

For administrative and operating expenses, as authorized by 

section 226A of the Department of Agriculture Reorganization Act of 

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

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

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

CORPORATIONS 

The following corporations and agencies are hereby authorized 

to make expenditures, within the limits of funds and borrowing authority available to each such corporation or agency and in accord 

with law, and to make contracts and commitments without regard 

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

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

such corporation or agency, except as hereinafter provided. 

FEDERAL CROP INSURANCE CORPORATION FUND

For payments as authorized by section 516 of the Federal Crop 

Insurance Act (7 U.S.C. 1516), such sums as may be necessary, to 

remain available until expended. 

COMMODITY CREDIT CORPORATION FUND

REIMBURSEMENT FOR NET REALIZED LOSSES

For the current fiscal year, such sums as may be necessary to 

reimburse the Commodity Credit Corporation for net realized losses 

sustained, but not previously reimbursed, pursuant to section 2 of 

the Act of August 17, 1961 (15 U.S.C. 713a–11): Provided, That of 

the funds available to the Commodity Credit Corporation under section 11 of the Commodity Credit Corporation Charter Act (15 U.S.C 

714i) for the conduct of its business with the Foreign Agricultural 

Service, up to $5,000,000 may be transferred to and used by the 

Foreign Agricultural Service for information resource management 

activities of the Foreign Agricultural Service that are not related to 

Commodity Credit Corporation business. 

16 

HAZARDOUS WASTE MANAGEMENT

(LIMITATION ON EXPENSES)

For the current fiscal year, the Commodity Credit Corporation shall not expend more than $5,000,000 for site investigation and 

cleanup expenses, and operations and maintenance expenses to comply with the requirement of section 107(g) of the Comprehensive Environmental Response, Compensation, and Liability Act (42 U.S.C. 

9607(g)), and section 6001 of the Resource Conservation and Recovery Act (42 U.S.C. 6961). 

TITLE II 

CONSERVATION PROGRAMS 

OFFICE OF THE UNDER SECRETARY FOR NATURAL RESOURCES AND

ENVIRONMENT

For necessary salaries and expenses of the Office of the Under 

Secretary for Natural Resources and Environment to administer the 

laws enacted by the Congress for the Forest Service and the Natural 

Resources Conservation Service, $741,000. 

NATURAL RESOURCES CONSERVATION SERVICE

CONSERVATION OPERATIONS

For necessary expenses for carrying out the provisions of the Act 

of April 27, 1935 (16 U.S.C. 590a–f), including preparation of conservation plans and establishment of measures to conserve soil and 

water (including farm irrigation and land drainage and such special measures for soil and water management as may be necessary 

to prevent floods and the siltation of reservoirs and to control agricultural related pollutants); operation of conservation plant materials centers; classification and mapping of soil; dissemination of 

information; acquisition of lands, water, and interests therein for 

use in the plant materials program by donation, exchange, or purchase at a nominal cost not to exceed $100 pursuant to the Act of 

August 3, 1956 (7 U.S.C. 428a); purchase and erection or alteration 

or improvement of permanent and temporary buildings; and operation and maintenance of aircraft, $837,360,000, to remain available until June 30, 2006, of which not less than $10,500,000 is for 

snow survey and water forecasting, and not less than $14,433,000 

is for operation and establishment of the plant materials centers, 

and of which not less than $23,500,000 shall be for the grazing 

lands conservation initiative: Provided, That appropriations hereunder shall be available pursuant to 7 U.S.C. 2250 for construction 

and improvement of buildings and public improvements at plant 

materials centers, except that the cost of alterations and improvements to other buildings and other public improvements shall not 

exceed $250,000: Provided further, That when buildings or other 

structures are erected on non-Federal land, that the right to use 

such land is obtained as provided in 7 U.S.C. 2250a: Provided further, That this appropriation shall be available for technical assistance and related expenses to carry out programs authorized by section 202(c) of title II of the Colorado River Basin Salinity Control 

Act of 1974 (43 U.S.C. 1592(c)): Provided further, That qualified 

17 

local engineers may be temporarily employed at per diem rates to 

perform the technical planning work of the Service: Provided further, That none of the funds made available under this paragraph 

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

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

WATERSHED SURVEYS AND PLANNING

For necessary expenses to conduct research, investigation, and 

surveys of watersheds of rivers and other waterways, and for small 

watershed investigations and planning, in accordance with the Watershed Protection and Flood Prevention Act (16 U.S.C. 1001–1009), 

$7,083,000: Provided, That none of the funds made available under 

this paragraph by this or any other appropriations Act may be used 

to provide technical assistance with respect to programs listed in 

section 1241(a) of the Food Security Act of 1985 (16 U.S.C. 3841(a)). 

WATERSHED AND FLOOD PREVENTION OPERATIONS

For necessary expenses to carry out preventive measures, including but not limited to research, engineering operations, methods of 

cultivation, the growing of vegetation, rehabilitation of existing 

works and changes in use of land, in accordance with the Watershed Protection and Flood Prevention Act (16 U.S.C. 1001–1005 and 

1007–1009), the provisions of the Act of April 27, 1935 (16 U.S.C. 

590a–f), and in accordance with the provisions of laws relating to 

the activities of the Department, $75,576,000, to remain available 

until expended; of which up to $10,000,000 may be available for the 

watersheds authorized under the Flood Control Act (33 U.S.C. 701 

and 16 U.S.C. 1006a): Provided, That not to exceed $35,000,000 of 

this appropriation shall be available for technical assistance: Provided further, That not to exceed $1,000,000 of this appropriation 

is available to carry out the purposes of the Endangered Species Act 

of 1973 (Public Law 93–205), including cooperative efforts as contemplated by that Act to relocate endangered or threatened species 

to other suitable habitats as may be necessary to expedite project 

construction: Provided further, That none of the funds made available under this paragraph by this or any other appropriations Act 

may be used to provide technical assistance with respect to programs listed in section 1241(a) of the Food Security Act of 1985 (16 

U.S.C. 3841(a)). 

WATERSHED REHABILITATION PROGRAM

For necessary expenses to carry out rehabilitation of structural 

measures, in accordance with section 14 of the Watershed Protection 

and Flood Prevention Act (16 U.S.C. 1012), and in accordance with 

the provisions of laws relating to the activities of the Department, 

$27,500,000, to remain available until expended: Provided, That 

none of the funds made available under this paragraph by this or 

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

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

18 

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. 

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 

19 

Farm and Rural Development Act, and of which $250,000 shall be 

available for a grant to a qualified national organization to provide 

technical assistance for rural transportation in order to promote economic development: Provided further, That of the amount appropriated for rural community programs, $6,350,000 shall be available for a Rural Community Development Initiative: Provided further, That such funds shall be used solely to develop the capacity 

and ability of private, nonprofit community-based housing and community development organizations, low-income rural communities, 

and Federally Recognized Native American Tribes to undertake 

projects to improve housing, community facilities, community and 

economic development projects in rural areas: Provided further, 

That such funds shall be made available to qualified private, nonprofit and public intermediary organizations proposing to carry out 

a program of financial and technical assistance: Provided further, 

That such intermediary organizations shall provide matching funds 

from other sources, including Federal funds for related activities, in 

an amount not less than funds provided: Provided further, That of 

the amount appropriated for the rural business and cooperative development programs, not to exceed $500,000 shall be made available 

for a grant to a qualified national organization to provide technical 

assistance for rural transportation in order to promote economic development; $1,000,000 shall be for grants to the Delta Regional Authority (7 U.S.C. 1921 et seq.) for any purpose under this heading: 

Provided further, That of the amount appropriated for rural utilities programs, not to exceed $25,000,000 shall be for water and 

waste disposal systems to benefit the Colonias along the United 

States/Mexico border, including grants pursuant to section 306C of 

such Act; not to exceed $26,000,000 shall be for water and waste 

disposal systems for rural and native villages in Alaska pursuant 

to section 306D of such Act, with up to 2 percent available to administer the program and/or improve interagency coordination may 

be transferred to and merged with the appropriation for ‘‘Rural Development, Salaries and Expenses’’, of which $100,000 shall be provided to develop a regional system for centralized billing, operation, 

and management of rural water and sewer utilities through regional cooperatives, of which 25 percent shall be provided for water 

and sewer projects in regional hubs, and the State of Alaska shall 

provide a 25 percent cost share, and grantees may use up to 5 percent of grant funds, not to exceed $35,000 per community, for the 

completion of comprehensive community safe water plans; not to exceed $18,250,000 shall be for technical assistance grants for rural 

water and waste systems pursuant to section 306(a)(14) of such Act, 

of which $5,600,000 shall be for Rural Community Assistance Programs and not less than $800,000 shall be for a qualified national 

Native American organization to provide technical assistance for 

rural water systems for tribal communities; and not to exceed 

$13,500,000 shall be for contracting with qualified national organizations for a circuit rider program to provide technical assistance 

for rural water systems: Provided further, That of the total amount 

appropriated, not to exceed $22,166,000 shall be available through 

June 30, 2005, for authorized empowerment zones and enterprise 

communities and communities designated by the Secretary of Agriculture as Rural Economic Area Partnership Zones; of which 

$1,081,000 shall be for the rural community programs described in 

20 

section 381E(d)(1) of such Act, of which $12,582,000 shall be for the 

rural utilities programs described in section 381E(d)(2) of such Act, 

and of which $8,503,000 shall be for the rural business and cooperative development programs described in section 381E(d)(3) of such 

Act: Provided further, That of the amount appropriated for rural 

community programs, not to exceed $21,000,000 shall be to provide 

grants for facilities in rural communities with extreme unemployment and severe economic depression (Public Law 106–387), with 5 

percent for administration and capacity building in the State rural 

development offices: Provided further, That of the amount appropriated, $28,000,000 shall be transferred to and merged with the 

‘‘Rural Utilities Service, High Energy Cost Grants Account’’ to provide grants authorized under section 19 of the Rural Electrification 

Act of 1936 (7 U.S.C. 918a): Provided further, That any prior year 

balances for high cost energy grants authorized by section 19 of the 

Rural Electrification Act of 1936 (7 U.S.C. 901(19)) shall be transferred to and merged with the ‘‘Rural Utilities Service, High Energy 

Costs Grants Account’’. 

RURAL DEVELOPMENT SALARIES AND EXPENSES

(INCLUDING TRANSFERS OF FUNDS)

For necessary expenses for carrying out the administration and 

implementation of programs in the Rural Development mission 

area, including activities with institutions concerning the development and operation of agricultural cooperatives; and for cooperative 

agreements; $148,452,000: Provided, That of funds appropriated 

under this title for salaries and expenses, not less than $5,000,000 

shall be used to complete the consolidation of Rural Development 

activities in St. Louis, to the Goodfellow facility also in St. Louis: 

Provided further, That notwithstanding any other provision of law, 

funds appropriated under this section may be used for advertising 

and promotional activities that support the Rural Development mission area: Provided further, That not more than $10,000 may be expended to provide modest nonmonetary awards to non-USDA employees: Provided further, That any balances available from prior 

years for the Rural Utilities Service, Rural Housing Service, and the 

Rural Business-Cooperative Service salaries and expenses accounts 

shall be transferred to and merged with this appropriation. 

RURAL HOUSING SERVICE

RURAL HOUSING INSURANCE FUND PROGRAM ACCOUNT

(INCLUDING TRANSFERS OF FUNDS)

For gross obligations for the principal amount of direct and 

guaranteed loans as authorized by title V of the Housing Act of 

1949, to be available from funds in the rural housing insurance 

fund, as follows: $4,459,297,000 for loans to section 502 borrowers, 

as determined by the Secretary, of which $1,150,000,000 shall be for 

direct loans, and of which $3,309,297,000 shall be for unsubsidized 

guaranteed loans; $35,000,000 for section 504 housing repair loans; 

$100,000,000 for section 515 rental housing; $100,000,000 for section 538 guaranteed multi-family housing loans; $5,045,000 for section 524 site loans; $11,501,000 for credit sales of acquired property, 

21 

of which up to $1,501,000 may be for multi-family credit sales; and 

$10,000,000 for section 523 self-help housing land development 

loans. 

For the cost of direct and guaranteed loans, including the cost 

of modifying loans, as defined in section 502 of the Congressional 

Budget Act of 1974, as follows: section 502 loans, $166,778,000, of 

which $133,170,000 shall be for direct loans, and of which 

$33,608,000, to remain available until expended, shall be for unsubsidized guaranteed loans; section 504 housing repair loans, 

$10,171,000; section 515 rental housing, $47,090,000; section 538 

multi-family housing guaranteed loans, $3,490,000; multi-family 

credit sales of acquired property, $727,000: Provided, That of the 

total amount appropriated in this paragraph, $7,100,000 shall be 

available through June 30, 2005, for authorized empowerment zones 

and enterprise communities and communities designated by the Secretary of Agriculture as Rural Economic Area Partnership Zones: 

Provided further, That any funds under this paragraph initially allocated by the Secretary for housing projects in the State of Alaska 

that are not obligated by September 30, 2005, shall be carried over 

until September 30, 2006, and made available for such housing 

projects only in the State of Alaska. 

In addition, for administrative expenses necessary to carry out the direct and guaranteed loan programs, $448,342,000, which 

shall be transferred to and merged with the appropriation for 

‘‘Rural Development, Salaries and Expenses’’. 

RENTAL ASSISTANCE PROGRAM

For rental assistance agreements entered into or renewed pursuant to the authority under section 521(a)(2) or agreements entered 

into in lieu of debt forgiveness or payments for eligible households 

as authorized by section 502(c)(5)(D) of the Housing Act of 1949, 

$592,000,000; and, in addition, such sums as may be necessary, as 

authorized by section 521(c) of the Act, to liquidate debt incurred 

prior to fiscal year 1992 to carry out the rental assistance program 

under section 521(a)(2) of the Act: Provided, That of this amount, 

$5,900,000 shall be available for debt forgiveness or payments for 

eligible households as authorized by section 502(c)(5)(D) of the Act, 

and not to exceed $20,000 per project for advances to nonprofit organizations or public agencies to cover direct costs (other than purchase price) incurred in purchasing projects pursuant to section 

502(c)(5)(C) of the Act: Provided further, That agreements entered 

into or renewed during the current fiscal year shall be funded for 

a four-year period: Provided further, That any unexpended balances 

remaining at the end of such four-year agreements may be transferred and used for the purposes of any debt reduction; maintenance, repair, or rehabilitation of any existing projects; preservation; and rental assistance activities authorized under title V of the 

Act. 

MUTUAL AND SELF-HELP HOUSING GRANTS

For grants and contracts pursuant to section 523(b)(1)(A) of the 

Housing Act of 1949 (42 U.S.C. 1490c), $34,000,000, to remain 

available until expended: Provided, That of the total amount appropriated, $1,000,000 shall be available through June 30, 2005, for 

authorized empowerment zones and enterprise communities and 

22 

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 one percent direct loan to the recipient: 

Provided further, That the Secretary may defer the interest and 

principal payment to the Rural Housing Service for up to three 

years and the term of such loans shall not exceed 30 years: Provided 

further, That of the total amount appropriated, $1,800,000 shall be 

available through June 30, 2005, for authorized empowerment zones 

and enterprise communities and communities designated by the Secretary of Agriculture as Rural Economic Area Partnership Zones. 

FARM LABOR PROGRAM ACCOUNT

For the cost of direct loans, grants, and contracts, as authorized 

by 42 U.S.C. 1484 and 1486, $34,118,000, to remain available until 

expended, for direct farm labor housing loans and domestic farm 

labor housing grants and contracts. 

RURAL BUSINESS—COOPERATIVE SERVICE

RURAL DEVELOPMENT LOAN FUND PROGRAM ACCOUNT

(INCLUDING TRANSFER OF FUNDS)

For the principal amount of direct loans, as authorized by the 

Rural Development Loan Fund (42 U.S.C. 9812(a)), $34,213,000. 

For the cost of direct loans, $15,868,000, as authorized by the 

Rural Development Loan Fund (42 U.S.C. 9812(a)), of which 

$1,724,000 shall be available through June 30, 2005, for Federally 

Recognized Native American Tribes and of which $3,449,000 shall 

be available through June 30, 2005, for Mississippi Delta Region 

counties (as determined in accordance with Public Law 100–460): 

Provided, That of such amount made available, the Secretary may 

provide up to $1,500,000 for the Delta Regional Authority (7 U.S.C. 

1921 et seq.): Provided further, That such costs, including the cost 

of modifying such loans, shall be as defined in section 502 of the 

Congressional Budget Act of 1974: Provided further, That of the 

total amount appropriated, $2,447,000 shall be available through 

June 30, 2005, for the cost of direct loans for authorized empowerment zones and enterprise communities and communities designated by the Secretary of Agriculture as Rural Economic Area 

Partnership Zones. 

23 

In addition, for administrative expenses to carry out the direct loan programs, $4,316,000 shall be transferred to and merged with 

the appropriation for ‘‘Rural Development, Salaries and Expenses’’. 

RURAL ECONOMIC DEVELOPMENT LOANS PROGRAM ACCOUNT

(INCLUDING RESCISSION OF FUNDS)

For the principal amount of direct loans, as authorized under 

section 313 of the Rural Electrification Act, for the purpose of promoting rural economic development and job creation projects, 

$25,003,000. 

For the cost of direct loans, including the cost of modifying 

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

1974, $4,698,000, to remain available until expended. 

Of the funds derived from interest on the cushion of credit payments in the current fiscal year, as authorized by section 313 of the 

Rural Electrification Act of 1936, $4,698,000 shall not be obligated 

and $4,698,000 are rescinded. 

RURAL COOPERATIVE DEVELOPMENT GRANTS

For rural cooperative development grants authorized under section 310B(e) of the Consolidated Farm and Rural Development Act 

(7 U.S.C. 1932), $24,000,000, of which $2,500,000 shall be for cooperative agreements for the appropriate technology transfer for rural 

areas program: Provided, That not to exceed $1,500,000 shall be for 

cooperatives or associations of cooperatives whose primary focus is 

to provide assistance to small, minority producers and whose governing board and/or membership is comprised of at least 75 percent 

minority; and of which not to exceed $15,500,000, to remain available until expended, shall be for value-added agricultural product 

market development grants, as authorized by section 6401 of the 

Farm Security and Rural Investment Act of 2002 (7 U.S.C. 1621 

note). 

RURAL EMPOWERMENT ZONES AND ENTERPRISE COMMUNITIES

GRANTS

For grants in connection with second and third rounds of em- powerment 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. 

24 

RURAL UTILITIES SERVICE

RURAL ELECTRIFICATION AND TELECOMMUNICATIONS LOANS

PROGRAM ACCOUNT

(INCLUDING TRANSFER OF FUNDS)

Insured loans pursuant to the authority of section 305 of the 

Rural Electrification Act of 1936 (7 U.S.C. 935) shall be made as 

follows: 5 percent rural electrification loans, $120,000,000; municipal rate rural electric loans, $100,000,000; loans made pursuant to 

section 306 of that Act, rural electric, $2,100,000,000; Treasury rate 

direct electric loans, $1,000,000,000; guaranteed underwriting loans 

pursuant to section 313A, $1,000,000,000; 5 percent rural telecommunications loans, $145,000,000; cost of money rural telecommunications loans, $250,000,000; and for loans made pursuant 

to section 306 of that Act, rural telecommunications loans, 

$125,000,000. 

For the cost, as defined in section 502 of the Congressional 

Budget Act of 1974, including the cost of modifying loans, of direct 

and guaranteed loans authorized by sections 305 and 306 of the 

Rural Electrification Act of 1936 (7 U.S.C. 935 and 936), as follows: 

cost of rural electric loans, $5,058,000, and the cost of telecommunications loans, $100,000: Provided, That notwithstanding section 

305(d)(2) of the Rural Electrification Act of 1936, borrower interest 

rates may exceed 7 percent per year. 

In addition, for administrative expenses necessary to carry out the direct and guaranteed loan programs, $38,277,000 which shall 

be transferred to and merged with the appropriation for ‘‘Rural Development, Salaries and Expenses’’. 

RURAL TELEPHONE BANK PROGRAM ACCOUNT

(INCLUDING TRANSFER OF FUNDS)

The Rural Telephone Bank is hereby authorized to make such 

expenditures, within the limits of funds available to such corporation in accord with law, and to make such contracts and commitments without regard to fiscal year limitations as provided by section 104 of the Government Corporation Control Act, as may be necessary in carrying out its authorized programs. During fiscal year 

2005 and within the resources and authority available, gross obligations for the principal amount of direct loans shall be $175,000,000. 

In addition, for administrative expenses, including audits, necessary to carry out the loan programs, $3,152,000, which shall be 

transferred to and merged with the appropriation for ‘‘Rural Development, Salaries and Expenses’’. 

DISTANCE LEARNING, TELEMEDICINE, AND BROADBAND PROGRAM

For the principal amount of direct distance learning and telemedicine loans, $50,000,000; and for the principal amount of direct 

broadband telecommunication loans, $550,000,000. 

For the cost of direct loans and grants for telemedicine and distance learning services in rural areas, as authorized by 7 U.S.C. 

950aaa et seq., $35,710,000, to remain available until expended, of 

which $710,000 shall be for direct loans: Provided, That the cost of 

direct loans shall be as defined in section 502 of the Congressional 

25 

Budget Act of 1974: Provided further, That $10,000,000 shall be 

made available to convert analog to digital operation those noncommercial educational television broadcast stations that serve 

rural areas and are qualified for Community Service Grants by the 

Corporation for Public Broadcasting under section 396(k) of the 

Communications Act of 1934, including associated translators and 

repeaters, regardless of the location of their main transmitter, studio-to-transmitter links, and equipment to allow local control over 

digital content and programming through the use of high-definition 

broadcast, multi-casting and datacasting technologies. 

For the cost of broadband loans, as authorized by 7 U.S.C. 901 

et seq., $11,715,000, to remain available until September 30, 2006: 

Provided, That the interest rate for such loans shall be the cost of 

borrowing to the Department of the Treasury for obligations of comparable maturity: Provided further, That the cost of direct loans 

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

of 1974. 

In addition, $9,000,000, to remain available until expended, for 

a grant program to finance broadband transmission in rural areas 

eligible for Distance Learning and Telemedicine Program benefits 

authorized by 7 U.S.C. 950aaa. 

TITLE IV 

DOMESTIC FOOD PROGRAMS 

OFFICE OF THE UNDER SECRETARY FOR FOOD, NUTRITION AND

CONSUMER SERVICES

For necessary salaries and expenses of the Office of the Under 

Secretary for Food, Nutrition and Consumer Services to administer 

the laws enacted by the Congress for the Food and Nutrition Service, $595,000. 

FOOD AND NUTRITION SERVICE

CHILD NUTRITION PROGRAMS

(INCLUDING TRANSFER OF FUNDS)

For necessary expenses to carry out the National School Lunch 

Act (42 U.S.C. 1751 et seq.), except section 21, and the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.), except sections 17 and 21; 

$11,782,000,000, to remain available through September 30, 2006, 

of which $6,629,038,000 is hereby appropriated and $5,152,962,000 

shall be derived by transfer from funds available under section 32 

of the Act of August 24, 1935 (7 U.S.C. 612c): Provided, That none 

of the funds made available under this heading shall be used for 

studies and evaluations: Provided further, That up to $5,235,000 

shall be available for independent verification of school food service 

claims. 

SPECIAL SUPPLEMENTAL NUTRITION PROGRAM FOR WOMEN, INFANTS, 

AND CHILDREN (WIC)

For necessary expenses to carry out the special supplemental 

nutrition program as authorized by section 17 of the Child Nutrition Act of 1966 (42 U.S.C. 1786), $5,277,250,000, to remain availVerDate Aug 04 2004 07:33 Dec 01, 2004 Jkt 096906 PO 00000 Frm 00029 Fmt 6659 Sfmt 6603 E:\HR\OC\HR792.XXX HR792
26 

able through September 30, 2006, of which $125,000,000 shall be 

placed in reserve, to remain available until expended, to be allocated as the Secretary deems necessary, notwithstanding section 

17(i) of such Act, to support participation should cost or participation exceed budget estimates: Provided, That of the total amount 

available, the Secretary shall obligate not less than $15,000,000 for 

a breastfeeding support initiative in addition to the activities specified in section 17(h)(3)(A): Provided further, That notwithstanding 

section 17(h)(10)(A) of such Act, $14,000,000 shall be available for 

the purposes specified in section 17(h)(10)(B): Provided further, 

That none of the funds made available under this heading shall be 

used for studies and evaluations: Provided further, That none of the 

funds in this Act shall be available to pay administrative expenses 

of WIC clinics except those that have an announced policy of prohibiting smoking within the space used to carry out the program: Provided further, That none of the funds provided in this account shall 

be available for the purchase of infant formula except in accordance 

with the cost containment and competitive bidding requirements 

specified in section 17 of such Act: Provided further, That none of 

the funds provided shall be available for activities that are not fully 

reimbursed by other Federal Government departments or agencies 

unless authorized by section 17 of such Act. 

FOOD STAMP PROGRAM

For necessary expenses to carry out the Food Stamp Act (7 

U.S.C. 2011 et seq.), $35,154,554,000, of which $3,000,000,000 to remain available through September 30, 2006, shall be placed in reserve for use only in such amounts and at such times as may become necessary to carry out program operations: Provided, That 

none of the funds made available under this heading shall be used 

for studies and evaluations: Provided further, That of the funds 

made available under this heading and not already appropriated to 

the Food Distribution Program on Indian Reservations (FDPIR) established under section 4(b) of the Food Stamp Act of 1977 (7 

U.S.C. 2013(b)), not to exceed $4,000,000 shall be used to purchase 

bison meat for the FDPIR from Native American bison producers as 

well as from producer-owned cooperatives of bison ranchers: Provided further, That funds provided herein shall be expended in accordance with section 16 of the Food Stamp Act: Provided further, 

That this appropriation shall be subject to any work registration or 

workfare requirements as may be required by law: Provided further, 

That funds made available for Employment and Training under 

this heading shall remain available until expended, as authorized 

by section 16(h)(1) of the Food Stamp Act: Provided further, That 

notwithstanding section 5(d) of the Food Stamp Act of 1977, any 

additional payment received under chapter 5 of title 37, United 

States Code, by a member of the United States Armed Forces deployed to a designated combat zone shall be excluded from household income for the duration of the member’s deployment if the additional pay is the result of deployment to or while serving in a combat zone, and it was not received immediately prior to serving in the 

combat zone. 

27 

COMMODITY ASSISTANCE PROGRAM

For necessary expenses to carry out disaster assistance and the 

commodity supplemental food program as authorized by section 4(a) 

of the Agriculture and Consumer Protection Act of 1973 (7 U.S.C. 

612c note); the Emergency Food Assistance Act of 1983; and special 

assistance (in a form determined by the Secretary of Agriculture) for 

the nuclear affected islands, as authorized by section 103(f)(2) of the 

Compact of Free Association Amendments Act of 2003 (Public Law 

108–188); and the Farmers’ Market Nutrition Program, as authorized by section 17(m) of the Child Nutrition Act of 1966, 

$178,797,000, to remain available through September 30, 2006: Provided, That none of these funds shall be available to reimburse the 

Commodity Credit Corporation for commodities donated to the program: Provided further, That notwithstanding any other provision 

of law, effective with funds made available in fiscal year 2005 to 

support the Senior Farmers’ Market Nutrition Program, as authorized by section 4402 of Public Law 107–171, such funds shall remain available through September 30, 2006. 

NUTRITION PROGRAMS ADMINISTRATION

For necessary administrative expenses of the domestic nutrition 

assistance programs funded under this Act, $139,937,000, of which 

$5,000,000 shall be available only for simplifying procedures, reducing overhead costs, tightening regulations, improving food stamp 

benefit delivery, and assisting in the prevention, identification, and 

prosecution of fraud and other violations of law. 

TITLE V 

FOREIGN ASSISTANCE AND RELATED PROGRAMS 

FOREIGN AGRICULTURAL SERVICE

SALARIES AND EXPENSES

(INCLUDING TRANSFERS OF FUNDS)

For necessary expenses of the Foreign Agricultural Service, including carrying out title VI of the Agricultural Act of 1954 (7 

U.S.C. 1761–1768), market development activities abroad, and for 

enabling the Secretary to coordinate and integrate activities of the 

Department in connection with foreign agricultural work, including 

not to exceed $158,000 for representation allowances and for expenses pursuant to section 8 of the Act approved August 3, 1956 (7 

U.S.C. 1766), $137,822,000: Provided, That the Service may utilize 

advances of funds, or reimburse this appropriation for expenditures 

made on behalf of Federal agencies, public and private organizations and institutions under agreements executed pursuant to the 

agricultural food production assistance programs (7 U.S.C. 1737) 

and the foreign assistance programs of the United States Agency for 

International Development. 

28 

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 localcurrency funding support for rural electrification development overseas. 

In addition, for administrative expenses to carry out the credit 

program of title I, Public Law 83–480, and the Food for Progress 

Act of 1985, to the extent funds appropriated for Public Law 83–480 

are utilized, $4,034,000, of which $1,097,000 may be transferred to 

and merged with the appropriation for ‘‘Foreign Agricultural Service, Salaries and Expenses’’, and of which $2,937,000 may be transferred to and merged with the appropriation for ‘‘Farm Service 

Agency, Salaries and Expenses’’. 

PUBLIC LAW 480 TITLE I OCEAN FREIGHT DIFFERENTIAL GRANTS

(INCLUDING TRANSFER OF FUNDS)

For ocean freight differential costs for the shipment of agricultural commodities under title I of the Agricultural Trade Development and Assistance Act of 1954 and under the Food for Progress 

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

title I of the Agricultural Trade Development and Assistance Act of 

1954 and for title I ocean freight differential may be used interchangeably between the two accounts with prior notice to the Committees on Appropriations of both Houses of Congress. 

PUBLIC LAW 480 TITLE II GRANTS

For expenses during the current fiscal year, not otherwise recoverable, and unrecovered prior years’ costs, including interest thereon, under the Agricultural Trade Development and Assistance Act 

of 1954, for commodities supplied in connection with dispositions 

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

COMMODITY CREDIT CORPORATION EXPORT LOANS PROGRAM ACCOUNT

(INCLUDING TRANSFERS OF FUNDS)

For administrative expenses to carry out the Commodity Credit 

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

$4,423,000; to cover common overhead expenses as permitted by section 11 of the Commodity Credit Corporation Charter Act and in 

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

$3,421,000 may be transferred to and merged with the appropriation for ‘‘Foreign Agricultural Service, Salaries and Expenses’’, and 

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

29 

MC GOVERN-DOLE INTERNATIONAL FOOD FOR EDUCATION AND CHILD

NUTRITION PROGRAM GRANTS

For necessary expenses to carry out the provisions of section 

3107 of the Farm Security and Rural Investment Act of 2002 (7 

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

Provided, That the Commodity Credit Corporation is authorized to 

provide the services, facilities, and authorities for the purpose of implementing such section, subject to reimbursement from amounts 

provided herein. 

TITLE VI 

RELATED AGENCIES AND FOOD AND DRUG 

ADMINISTRATION 

DEPARTMENT OF HEALTH AND HUMAN SERVICES 

FOOD AND DRUG ADMINISTRATION

SALARIES AND EXPENSES

For necessary expenses of the Food and Drug Administration, 

including hire and purchase of passenger motor vehicles; for payment of space rental and related costs pursuant to Public Law 92– 

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

space in the District of Columbia or elsewhere; for miscellaneous 

and emergency expenses of enforcement activities, authorized and 

approved by the Secretary and to be accounted for solely on the Secretary’s certificate, not to exceed $25,000; and notwithstanding section 521 of Public Law 107–188; $1,788,478,000: Provided, That of 

the amount provided under this heading, $284,394,000 shall be derived from prescription drug user fees authorized by 21 U.S.C. 

379h, and shall be credited to this account and remain available 

until expended; $33,938,000 shall be derived from medical device 

user fees authorized by 21 U.S.C. 379j, and shall be credited to this 

account and remain available until expended; and $8,354,000 shall 

be derived from animal drug user fees authorized by 21 U.S.C. 379j, 

and shall be credited to this account and remain available until expended: Provided further, That fees derived from prescription drug, 

medical device, and animal drug assessments received during fiscal 

year 2005, including any such fees assessed prior to the current fiscal year but credited during the current year, shall be subject to the 

fiscal year 2005 limitation: Provided further, That none of these 

funds shall be used to develop, establish, or operate any program of 

user fees authorized by 31 U.S.C. 9701: Provided further, That of 

the total amount appropriated: (1) $439,038,000 shall be for the 

Center for Food Safety and Applied Nutrition and related field activities in the Office of Regulatory Affairs; (2) $498,647,000 shall be 

for the Center for Drug Evaluation and Research and related field 

activities in the Office of Regulatory Affairs; (3) $172,714,000 shall 

be for the Center for Biologics Evaluation and Research and for related field activities in the Office of Regulatory Affairs; (4) 

$98,964,000 shall be for the Center for Veterinary Medicine and for 

related field activities in the Office of Regulatory Affairs; (5) 

$235,078,000 shall be for the Center for Devices and Radiological 

30 

Health and for related field activities in the Office of Regulatory Affairs; (6) $40,530,000 shall be for the National Center for Toxicological Research; (7) $57,722,000 shall be for Rent and Related 

activities, other than the amounts paid to the General Services Administration for rent; (8) $129,815,000 shall be for payments to the 

General Services Administration for rent; and (9) $115,970,000 

shall be for other activities, including the Office of the Commissioner; the Office of Management; the Office of External Relations; 

the Office of Policy and Planning; and central services for these offices: Provided further, That funds may be transferred from one 

specified activity to another with the prior approval of the Committees on Appropriations of both Houses of Congress. 

In addition, mammography user fees authorized by 42 U.S.C. 

263b may be credited to this account, to remain available until expended. 

In addition, export certification user fees authorized by 21 

U.S.C. 381 may be credited to this account, to remain available 

until expended. 

INDEPENDENT AGENCIES 

COMMODITY FUTURES TRADING COMMISSION

For necessary expenses to carry out the provisions of the Commodity Exchange Act (7 U.S.C. 1 et seq.), including the purchase 

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

FARM CREDIT ADMINISTRATION

LIMITATION ON ADMINISTRATIVE EXPENSES

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

farm credit institutions and from the Federal Agricultural Mortgage 

Corporation) shall be obligated during the current fiscal year for 

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

with receiverships. 

TITLE VII—GENERAL PROVISIONS 

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

the current fiscal year under this Act shall be available for the purchase, in addition to those specifically provided for, of not to exceed 

388 passenger motor vehicles, of which 388 shall be for replacement 

only, and for the hire of such vehicles. 

SEC. 702. Funds in this Act available to the Department of Agriculture shall be available for uniforms or allowances therefor as 

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

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

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

Department of Agriculture Organic Act of 1944 (7 U.S.C. 2225) and 

5 U.S.C. 3109. 

31 

SEC. 704. New obligational authority provided for the following 

appropriation items in this Act shall remain available until expended: Animal and Plant Health Inspection Service, the contingency fund to meet emergency conditions, information technology infrastructure, fruit fly program, emerging plant pests, boll weevil 

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

in animal health monitoring and surveillance for the animal identification system, up to $3,000,000 in the emergency management systems program for the vaccine bank, up to $1,000,000 for wildlife 

services methods development, up to $1,000,000 of the wildlife services operations program for aviation safety, and up to 25 percent of 

the screwworm program; Food Safety and Inspection Service, field 

automation and information management project; Cooperative State 

Research, Education, and Extension Service, funds for competitive 

research grants (7 U.S.C. 450i(b)), funds for the Research, Education, and Economics Information System, and funds for the Native American Institutions Endowment Fund; Farm Service Agency, 

salaries and expenses funds made available to county committees; 

Foreign Agricultural Service, middle-income country training program, and up to $1,565,000 of the Foreign Agricultural Service appropriation solely for the purpose of offsetting fluctuations in international currency exchange rates, subject to documentation by the 

Foreign Agricultural Service. 

SEC. 705. The Secretary of Agriculture may transfer unobligated balances of discretionary funds appropriated by this Act or 

other available unobligated discretionary balances of the Department of Agriculture to the Working Capital Fund for the acquisition 

of plant and capital equipment necessary for the delivery of financial, administrative, and information technology services of primary 

benefit to the agencies of the Department of Agriculture: Provided, 

That none of the funds made available by this Act or any other Act 

shall be transferred to the Working Capital Fund without the prior 

approval of the agency administrator: Provided further, That none 

of the funds transferred to the Working Capital Fund pursuant to 

this section shall be available for obligation without the prior approval of the Committees on Appropriations of both Houses of Congress. 

SEC. 706. No part of any appropriation contained in this Act 

shall remain available for obligation beyond the current fiscal year 

unless expressly so provided herein. 

SEC. 707. Not to exceed $50,000 of the appropriations available 

to the Department of Agriculture in this Act shall be available to 

provide appropriate orientation and language training pursuant to 

section 606C of the Act of August 28, 1954 (7 U.S.C. 1766b). 

SEC. 708. No funds appropriated by this Act may be used to pay 

negotiated indirect cost rates on cooperative agreements or similar 

arrangements between the United States Department of Agriculture 

and nonprofit institutions in excess of 10 percent of the total direct 

cost of the agreement when the purpose of such cooperative arrangements is to carry out programs of mutual interest between the two 

parties. This does not preclude appropriate payment of indirect costs 

on grants and contracts with such institutions when such indirect 

costs are computed on a similar basis for all agencies for which appropriations are provided in this Act. 

32 

SEC. 709. None of the funds in this Act shall be available to restrict the authority of the Commodity Credit Corporation to lease 

space for its own use or to lease space on behalf of other agencies 

of the Department of Agriculture when such space will be jointly occupied. 

SEC. 710. None of the funds in this Act shall be available to pay 

indirect costs charged against competitive agricultural research, 

education, or extension grant awards issued by the Cooperative 

State Research, Education, and Extension Service that exceed 20 

percent of total Federal funds provided under each award: Provided, That notwithstanding section 1462 of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 (7 

U.S.C. 3310), funds provided by this Act for grants awarded competitively by the Cooperative State Research, Education, and Extension Service shall be available to pay full allowable indirect costs 

for each grant awarded under section 9 of the Small Business Act 

(15 U.S.C. 638). 

SEC. 711. Notwithstanding any other provision of this Act, all 

loan levels provided in this Act shall be considered estimates, not 

limitations. 

SEC. 712. Appropriations to the Department of Agriculture for 

the cost of direct and guaranteed loans made available in the current fiscal year shall remain available until expended to cover obligations made in the current fiscal year for the following accounts: 

the Rural Development Loan Fund program account, the Rural 

Telephone Bank program account, the Rural Electrification and 

Telecommunication Loans program account, and the Rural Housing 

Insurance Fund program account. 

SEC. 713. None of the funds in this Act may be used to retire 

more than 5 percent of the Class A stock of the Rural Telephone 

Bank or to maintain any account or subaccount within the accounting records of the Rural Telephone Bank the creation of which has 

not specifically been authorized by statute: Provided, That notwithstanding any other provision of law, none of the funds appropriated 

or otherwise made available in this Act may be used to transfer to 

the Treasury or to the Federal Financing Bank any unobligated balance of the Rural Telephone Bank telephone liquidating account 

which is in excess of current requirements and such balance shall 

receive interest as set forth for financial accounts in section 505(c) 

of the Federal Credit Reform Act of 1990. 

SEC. 714. Of the funds made available by this Act, not more 

than $1,800,000 shall be used to cover necessary expenses of activities related to all advisory committees, panels, commissions, and 

task forces of the Department of Agriculture, except for panels used 

to comply with negotiated rule makings and panels used to evaluate 

competitively awarded grants. 

SEC. 715. None of the funds appropriated by this Act may be 

used to carry out section 410 of the Federal Meat Inspection Act (21 

U.S.C. 679a) or section 30 of the Poultry Products Inspection Act 

(21 U.S.C. 471). 

SEC. 716. No employee of the Department of Agriculture may be 

detailed or assigned from an agency or office funded by this Act to 

any other agency or office of the Department for more than 30 days 

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33 

bursed by the receiving agency or office for the salary and expenses 

of the employee for the period of assignment. 

SEC. 717. None of the funds appropriated or otherwise made 

available to the Department of Agriculture shall be used to transmit 

or otherwise make available to any non-Department of Agriculture 

employee questions or responses to questions that are a result of information requested for the appropriations hearing process. 

SEC. 718. None of the funds made available to the Department 

of Agriculture by this Act may be used to acquire new information 

technology systems or significant upgrades, as determined by the Office of the Chief Information Officer, without the approval of the 

Chief Information Officer and the concurrence of the Executive Information Technology Investment Review Board: Provided, That 

notwithstanding any other provision of law, none of the funds appropriated or otherwise made available by this Act may be transferred to the Office of the Chief Information Officer without the 

prior approval of the Committees on Appropriations of both Houses 

of Congress: Provided further, That none of the funds available to 

the Department of Agriculture for information technology shall be 

obligated for projects over $25,000 prior to receipt of written approval by the Chief Information Officer. 

SEC. 719. (a) None of the funds provided by this Act, or provided by previous Appropriations Acts to the agencies funded by this 

Act that remain available for obligation or expenditure in the current fiscal year, or provided from any accounts in the Treasury of 

the United States derived by the collection of fees available to the 

agencies funded by this Act, shall be available for obligation or expenditure through a reprogramming of funds which: (1) creates new 

programs; (2) eliminates a program, project, or activity; (3) increases funds or personnel by any means for any project or activity 

for which funds have been denied or restricted; (4) relocates an office or employees; (5) reorganizes offices, programs, or activities; or 

(6) contracts out or privatizes any functions or activities presently 

performed by Federal employees; unless the Committees on Appropriations of both Houses of Congress are notified 15 days in advance of such reprogramming of funds. 

(b) None of the funds provided by this Act, or provided by previous Appropriations Acts to the agencies funded by this Act that remain available for obligation or expenditure in the current fiscal 

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

States derived by the collection of fees available to the agencies 

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

for activities, programs, or projects through a reprogramming of 

funds in excess of $500,000 or 10 percent, whichever is less, that: 

(1) augments existing programs, projects, or activities; (2) reduces by 

10 percent funding for any existing program, project, or activity, or 

numbers of personnel by 10 percent as approved by Congress; or (3) 

results from any general savings from a reduction in personnel 

which would result in a change in existing programs, activities, or 

projects as approved by Congress; unless the Committees on Appropriations of both Houses of Congress are notified 15 days in advance of such reprogramming of funds. 

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

Human Services, or the Chairman of the Commodity Futures Trading Commission shall notify the Committees on Appropriations of 

34 

both Houses of Congress before implementing a program or activity 

not carried out during the previous fiscal year unless the program 

or activity is funded by this Act or specifically funded by any other 

Act. 

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

conduct oversight of grants awarded and obligations incurred in 

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

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

and expenses of personnel to carry out the provisions of section 401 

of Public Law 105–185, the Initiative for Future Agriculture and 

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

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

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

prepare or submit appropriations language as part of the President’s Budget submission to the Congress of the United States for 

programs under the jurisdiction of the Appropriations Subcommittees on Agriculture, Rural Development, Food and Drug Administration, and Related Agencies that assumes revenues or reflects a reduction from the previous year due to user fees proposals that have 

not been enacted into law prior to the submission of the Budget unless such Budget submission identifies which additional spending 

reductions should occur in the event the user fees proposals are not 

enacted prior to the date of the convening of a committee of conference for the fiscal year 2006 appropriations Act. 

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

Act may be used to close or relocate a state Rural Development office 

unless or until cost effectiveness and enhancement of program delivery have been determined. 

SEC. 723. In addition to amounts otherwise appropriated or 

made available by this Act, $2,500,000 is appropriated for the purpose of providing Bill Emerson and Mickey Leland Hunger Fellowships, through the Congressional Hunger Center. 

SEC. 724. Notwithstanding section 412 of the Agricultural 

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

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

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

be used to carry out title II of such Act. 

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

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

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

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

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

of personnel to collect from the lender at the time of issuance a 

guarantee fee of less than 2 percent of the principal obligation of 

guaranteed single-family housing loans administered by the Rural 

Housing Service: Provided, That this section shall not apply to 

loans made to refinance other single-family housing loans administered by the Rural Housing Service. 

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

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

authorized by subsection (h)(7)’’ after the phrase, ‘‘whichever is less’’, 

in each of paragraphs (i) and (ii). 

35 

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

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

of Agriculture shall consider— 

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

California; and the City of Hollister, California, eligible for programs administered by the Rural Housing Service; 

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

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

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

the City of Plantation, Florida; the Cleburne County Water Authority of Alabama; and the City of Coburg, Oregon, eligible for 

loans and grants funded through the rural utilities programs 

in the Rural Community Advancement Program account; 

(3) the City of Casa Grande, Arizona, a rural area for purposes of eligibility for loans and grants provided through the 

Rural Housing Insurance Fund Program account, the Rural 

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

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

grants funded through the rural utilities programs and rural 

business and cooperative development programs in the Rural 

Community Advancement Program account and the Rural 

Housing Insurance Fund Program account; 

(5) the City of Springfield, Ohio; the City of Lexington, Virginia; the City of Clarksdale, Mississippi; the City of Vicksburg, 

Mississippi; the City of Cache, Oklahoma; and the City of 

Elgin, Oklahoma, eligible for loans and grants funded through 

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

(6) the City of Carbondale, Illinois, a rural area for purposes of eligibility for loans and grants funded through the 

Rural Housing Insurance Fund Program account and the Rural 

Housing Assistance Grants account; 

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

grants funded through the rural business and cooperative development programs in the Rural Community Advancement Program account relating to an application submitted to the Department by a farmer-owned cooperative, a majority of whose 

members reside in a rural area, as determined by the Secretary, 

and for the purchase and operation of a facility beneficial to the 

purpose of the cooperative; and 

(8) the fiber-to-premises broadband facilities in St. Lucie 

County, Florida, and the City of Port St. Lucie, Florida, collectively, to meet the eligibility requirements for loans and loan 

guarantees under section 601 of the Rural Electrification Act of 

1936 (7 U.S.C. 950bb). 

SEC. 728. Of any shipments of commodities made pursuant to 

section 416(b) of the Agricultural Act of 1949 (7 U.S.C. 1431(b)), the 

Secretary of Agriculture shall, to the extent practicable, direct that 

tonnage equal in value to not more than $25,000,000 shall be made 

available to foreign countries to assist in mitigating the effects of the 

Human Immunodeficiency Virus and Acquired Immune Deficiency 

Syndrome on communities, including the provision of— 

(1) agricultural commodities to— 

36 

(A) individuals with Human Immunodeficiency Virus 

or Acquired Immune Deficiency Syndrome in the communities; and 

(B) households in the communities, particularly individuals caring for orphaned children; and 

(2) agricultural commodities monetized to provide other assistance (including assistance under microcredit and microenterprise programs) to create or restore sustainable livelihoods 

among individuals in the communities, particularly individuals 

caring for orphaned children. 

SEC. 729. Notwithstanding any other provision of law, the Natural Resources Conservation Service shall provide financial and 

technical assistance to the DuPage County, Illinois, Kress Creek 

Water Quality Enhancement Project, from funds available for the 

Watershed and Flood Prevention Operations program, not to exceed 

$1,000,000 and Rockhouse Creek Watershed, Leslie County, Kentucky, not to exceed $1,000,000. 

SEC. 730. Notwithstanding any other provision of law, the Natural Resources Conservation Service may provide financial and 

technical assistance through the Watershed and Flood Prevention 

Operations program for the Kuhn Bayou project in Arkansas, the 

Matanuska River erosion control project in Alaska, the DuPage 

County watershed project in Illinois, and the Coal Creek project in 

Utah. 

SEC. 731. None of the funds made available in this Act may be 

transferred to any department, agency, or instrumentality of the 

United States Government, except pursuant to a transfer made by, 

or transfer authority provided in, this or any other appropriation 

Act. 

SEC. 732. Notwithstanding any other provision of law, of the 

funds made available in this Act for competitive research grants (7 

U.S.C. 450i(b)), the Secretary may use up to 20 percent of the 

amount provided to carry out a competitive grants program under 

the same terms and conditions as those provided in section 401 of 

the Agricultural Research, Extension, and Education Reform Act of 

1998 (7 U.S.C. 7621). 

SEC. 733. None of the funds appropriated or made available by 

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

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

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

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

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

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

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

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

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

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

of personnel to carry out subtitle I of the Consolidated Farm and 

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

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

may utilize any unobligated salaries and expenses funds to reimburse the Office of the General Counsel for salaries and expenses of 

personnel, and for other related expenses, incurred in representing 

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

37 

pending before the Equal Employment Opportunity Commission, the 

Federal Labor Relations Authority, or the Merit Systems Protection 

Board with the prior approval of the Committees on Appropriations 

of both Houses of Congress. 

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

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

of personnel to carry out section 6405 of Public Law 107–171 (7 

U.S.C. 2655). 

SEC. 738. The Agricultural Marketing Service and the Grain 

Inspection, Packers and Stockyards Administration, that have statutory authority to purchase interest bearing investments outside of 

the Treasury, are not required to establish obligations and outlays 

for those investments, provided those investments are insured by the 

Federal Deposit Insurance Corporation or are collateralized at the 

Federal Reserve with securities approved by the Federal Reserve, operating under the guidelines of the United States Department of the 

Treasury. 

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

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

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

of commodities. 

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

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

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

calendar year 2005 wetlands reserve program as authorized by 16 

U.S.C. 3837. 

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

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

and expenses of personnel who carry out an environmental quality 

incentives program authorized by chapter 4 of subtitle D of title XII 

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

of $1,017,000,000. 

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

to permit employees of the United States Department of Agriculture 

to carry and use firearms for personal protection while conducting 

field work in remote locations in the performance of their official 

duties. 

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

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

and expenses of personnel to expend the $23,000,000 made available 

by section 9006(f) of the Farm Security and Rural Investment Act 

of 2002 (7 U.S.C. 8106(f)). 

SEC. 744. With the exception of funds provided in fiscal year 

2003, none of the funds appropriated or otherwise made available 

by this or any other Act shall be used to pay the salaries and expenses of personnel to expend the $40,000,000 made available by 

section 601(j)(1)(A) of the Rural Electrification Act of 1936 (7 U.S.C. 

950bb(j)(1)(A)). 

SEC. 745. None of the funds made available in fiscal year 2005 

or preceding fiscal years for programs authorized under the Agricultural Trade Development and Assistance Act of 1954 (7 U.S.C. 1691 

et seq.) in excess of $20,000,000 shall be used to reimburse the Commodity Credit Corporation for the release of eligible commodities 

under section 302(f)(2)(A) of the Bill Emerson Humanitarian Trust 

Act (7 U.S.C. 1736f–1): Provided, That any such funds made availVerDate Aug 04 2004 07:33 Dec 01, 2004 Jkt 096906 PO 00000 Frm 00041 Fmt 6659 Sfmt 6603 E:\HR\OC\HR792.XXX HR792
38 

able to reimburse the Commodity Credit Corporation shall only be 

used pursuant to section 302(b)(2)(B)(i) of the Bill Emerson Humanitarian Trust Act. 

SEC. 746. None of the funds appropriated or otherwise made 

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

and expenses of personnel to expend the $80,000,000 made available 

by section 6401(a) of Public Law 107–171. 

SEC. 747. Notwithstanding subsections (c) and (e)(2) of section 

313A of the Rural Electrification Act (7 U.S.C. 940c(c) and (e)(2)) 

in implementing section 313A of that Act, the Secretary shall, with 

the consent of the lender, structure the schedule for payment of the 

annual fee, not to exceed an average of 30 basis points per year for 

the term of the loan, to ensure that sufficient funds are available to 

pay the subsidy costs for note guarantees under that section. 

SEC. 748. Notwithstanding any other provision of law, the Natural Resources Conservation Service may provide from appropriated 

funds financial and technical assistance to the Dry Creek project, 

Utah. 

SEC. 749. None of the funds appropriated or otherwise made 

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

and expenses of personnel to carry out a Conservation Security Program authorized by 16 U.S.C. 3838, et seq., in excess of 

$202,411,000. 

SEC. 750. None of the funds appropriated or otherwise made 

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

and expenses of personnel to carry out section 2502 of Public Law 

107–171 in excess of $47,000,000. 

SEC. 751. None of the funds appropriated or otherwise made 

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

and expenses of personnel to carry out section 2503 of Public Law 

107–171 in excess of $112,000,000. 

SEC. 752. The Secretary of Agriculture shall use $30,000,000 of 

the funds of the Commodity Credit Corporation, to remain available 

until expended, to compensate commercial citrus and lime growers 

in the State of Florida for tree replacement and for lost production 

with respect to trees removed to control citrus canker, and with respect to certified citrus nursery stocks within the citrus canker quarantine areas, as determined by the Secretary. For a grower to receive assistance for a tree under this section, the tree must have been 

removed after September 30, 2001. 

SEC. 753. Not more than $10,000,000 for fiscal year 2005 of the 

funds appropriated or otherwise made available by this or any other 

Act shall be used to carry out Section 6029 of Public Law 107–171. 

SEC. 754. None of the funds appropriated or otherwise made 

available in this Act shall be expended to violate Public Law 105– 

264. 

SEC. 755. None of the funds appropriated or otherwise made 

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

and expenses of personnel to carry out a ground and surface water 

conservation program authorized by section 2301 of Public Law 

107–171 in excess of $51,000,000. 

SEC. 756. None of the funds made available by this Act may be 

used to issue a final rule in furtherance of, or otherwise implement, 

the proposed rule on cost-sharing for animal and plant health emergency programs of the Animal and Plant Health Inspection Service 

39 

published on July 8, 2003 (Docket No. 02–062–1; 68 Fed. Reg. 

40541). 

SEC. 757. None of the funds made available in this Act may be 

used to study, complete a study of, or enter into a contract with a 

private party to carry out, without specific authorization in a subsequent Act of Congress, a competitive sourcing activity of the Secretary of Agriculture, including support personnel of the Department 

of Agriculture, relating to rural development or farm loan programs. 

SEC. 758. Notwithstanding any other provision of law, the Secretary of Agriculture may use appropriations available to the Secretary for activities authorized under sections 426–426c of title 7, 

United States Code, under this or any other Act, to enter into cooperative agreements, with a State, political subdivision, or agency 

thereof, a public or private agency, organization, or any other person, to lease aircraft if the Secretary determines that the objectives 

of the agreement will: (1) serve a mutual interest of the parties to 

the agreement in carrying out the programs administered by the 

Animal and Plant Health Inspection Service, Wildlife Services; and 

(2) all parties will contribute resources to the accomplishment of 

these objectives; award of a cooperative agreement authorized by the 

Secretary may be made for an initial term not to exceed 5 years. 

SEC. 759. There is hereby appropriated $1,491,000, to remain 

available until September 30, 2006, to carry out section 6028 of 

Public Law 107–171: Provided, That notwithstanding section 

383B(g)(1) of the Consolidated Farm and Rural Development Act (7 

U.S.C. 2009bb–1(g)(1)), the Federal share of the administrative expenses of the Northern Great Plains Regional Authority for fiscal 

year 2005 shall be 100 percent. 

SEC. 760. None of the funds appropriated or otherwise made 

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

and expenses of personnel to carry out section 9010 of Public Law 

107–171 in excess of $100,000,000. 

SEC. 761. (a) The matter under the heading ‘‘Rural Community 

Advancement Program’’ in division A—Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Programs Appropriations, 2004, title III—Rural Development Programs, in Public Law 108–199 is amended by striking ‘‘$1,750,000 

shall be for grants to the Delta Regional Authority (7 U.S.C. 1921 

et seq.); and not less than $2,000,000 shall be available for grants 

in accordance with section 310B(f) of the Consolidated Farm and 

Rural Development Act’’ and inserting ‘‘and not less than 

$2,000,000 shall be available for grants in accordance with section 

310B(f) of the Consolidated Farm and Rural Development Act: Provided further, That of the total amount appropriated in this account, $1,750,000 shall be for grants to the Delta Regional Authority (7 U.S.C. 1921 et seq.) for any Rural Community Advancement 

Program purpose’’. 

(b) Consistent with any legal commitments made by the Delta 

Regional Authority, at the request of the Authority and if the Secretary of Agriculture agrees, the Secretary may deobligate any unexpended Rural Community Advancement Program grant funds made 

to the Authority pursuant to division A of Public Law 108–7: Provided, That such reobligated funds are used by the Authority for 

40 

projects that are consistent with the purposes of the Rural Housing 

Service Community Facilities Program. 

SEC. 762. Of the unobligated balances available in the Rural Housing Assistance Grant Program account, $1,000,000 is hereby 

rescinded. 

SEC. 763. Agencies and offices of the Department of Agriculture 

may utilize any available discretionary funds to cover the costs of 

preparing, or contracting for the preparation of, final agency decisions regarding complaints of discrimination in employment or program activities arising within such agencies and offices. 

SEC. 764. Of the unobligated balances available in the Rural Housing Insurance Fund Program account, $3,000,000 is hereby rescinded. 

SEC. 765. Notwithstanding any other provision of law, for any 

fiscal year and hereafter, in the case of a high cost isolated rural 

area in Alaska that is not connected to a road system, the maximum 

level for the single family housing assistance shall be 150 percent 

of the average income level in the metropolitan areas of the State 

and 115 percent of all other eligible areas of the State. 

SEC. 766. Funds made available under section 1240I and section 1241(a) of the Food Security Act of 1985 in fiscal years 2002, 

2003, 2004, and 2005 shall remain available until expended to 

cover obligations made in fiscal years 2002, 2003, 2004, and 2005, 

respectively, and are not available for new obligations. 

SEC. 767. There is hereby appropriated $1,500,000, to remain 

available until expended, for the Denali Commission to address deficiencies in solid waste disposal sites which threaten to contaminate rural drinking water supplies. 

SEC. 768. Notwithstanding any other provision of law— 

(1)(A) the Alaska Department of Community and Economic 

Development shall be eligible to receive a water and waste disposal grant under section 306(a) of the Consolidated Farm and 

Rural Development Act (7 U.S.C. 1926(a)) in an amount that 

is equal to not more than 75 percent of the total cost of providing water and sewer service to the proposed hospital in the 

Matanuska-Susitna Borough, Alaska; and 

(B) the Alaska Department of Community and Economic 

Development shall be allowed to pass the grant funds through 

to the local government entity that will provide water and sewer 

service to the hospital; 

(2) or any percentage of cost limitation in current law or 

regulations, the construction projects known as the Tri-Valley 

Community Center addition in Healy, Alaska; the Cold Climate 

Housing Research Center in Fairbanks, Alaska; and the University of Alaska-Fairbanks Allied Health Learning Center skill 

labs/classrooms shall be eligible to receive Community Facilities grants in amounts that are equal to not more than 75 percent of the total facility costs: Provided, That for the purposes 

of this paragraph, the Cold Climate Housing Research Center 

is designated an ‘‘essential community facility’’ for rural Alaska; 

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

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

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

41 

through the Rural Housing Insurance Fund until receipt of the 

decennial Census in the year 2010; 

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

using funds made available under this Act for the cities of 

Ellisville and Waynesboro, Mississippi, shall be made without 

a non-Federal cost share requirement; 

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

rural area for purposes of eligibility for business and industry 

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

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

receipt of the decennial Census in the year 2010; 

(6) the Secretary may consider the Piedmont Municipal 

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

of the decennial Census in the year 2010; and 

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

for all activities under programs of the Rural Development Mission Area within the County of Honolulu, Hawaii, the Secretary 

may designate any portion of the county as a rural area or eligible rural community that the Secretary determines is not 

urban in character: Provided, That the Secretary shall not include in any such rural area or eligible rural community any 

area included in the Honolulu Census Designated Place as determined by the Secretary of Commerce. 

SEC. 769. Section 501 of the Agricultural Trade Development 

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

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

after ‘‘John Ogonowski’’; and 

(2) in the heading, by inserting ‘‘AND DOUG BEREUTER’’ after ‘‘JOHN OGONOWSKI’’. 

SEC. 770. Notwithstanding the provisions of the Consolidated 

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

may allow all Community Facility Program facility borrowers and 

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

services consistent with the requirements of the Program, grant, 

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

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

SEC. 771. Notwithstanding any other provision of law, the Secretary of Agriculture is authorized to make funding and other assistance available through the emergency watershed protection program under section 403 of the Agricultural Credit Act of 1978 (16 

U.S.C. 2203) to repair and prevent damage to non-Federal land in 

watersheds that have been impaired by fires initiated by the Federal 

Government and shall waive cost sharing requirements for the funding and assistance. 

SEC. 772. None of the funds made available in this Act may be 

used to provide credits or credit guarantees for agricultural commodities provided for use in Iraq in violation of subsection (e) or (f) 

of section 202 of the Agricultural Trade Act of 1978 (7 U.S.C. 5622). 

SEC. 773. None of the funds provided in this Act may be used 

for salaries and expenses to carry out any regulation or rule insofar 

as it would make ineligible for enrollment in the conservation reVerDate Aug 04 2004 07:33 Dec 01, 2004 Jkt 096906 PO 00000 Frm 00045 Fmt 6659 Sfmt 6603 E:\HR\OC\HR792.XXX HR792
42 

serve program established under subchapter B of chapter 1 of subtitle D of title XII of the Food Security Act of 1985 (16 U.S.C. 3831 

et seq.) land that is planted to hardwood trees as of the date of enactment of this Act and was enrolled in the conservation reserve 

program under a contract that expired prior to calendar year 2002. 

SEC. 774. None of the funds made available in this Act may be 

used to restrict to prescription use a contraceptive that is determined to be safe and effective for use without the supervision of a 

practitioner licensed by law to administer prescription drugs under 

section 503(b) of the Federal Food, Drug, and Cosmetic Act. 

SEC. 775. Of the unobligated balances in the Local Television Loan Guarantee Program account, $88,000,000 are hereby rescinded. 

SEC. 776. PRIVACY PROTECTION OF CERTAIN SELLERS OF FARM

PRODUCTS. Section 1324(c) of the Food Security Act of 1985 (7 

U.S.C. 1631(c)) is amended— 

(1) in subsection (c)— 

(A) in paragraph (2)(C)(ii)(II), by inserting ‘‘, or other 

approved unique identifier,’’ after both ‘‘social security 

number’’ and ‘‘identification number’’; 

(B) in paragraph (4)(C)(iii), by inserting ‘‘, or other approved unique identifier,’’ after both ‘‘social security number’’ and ‘‘identification number’’; and 

(C) by adding the following at the end: 

‘‘(5) The term ‘approved unique identifier’ means a number, 

combination of numbers and letters, or other identifier selected 

by the Secretary of State using a selection system or method approved by the Secretary of Agriculture.’’ 

(2) in subsection (e)(1)(A)(ii)(III), by inserting ‘‘, or other approved unique identifier,’’ after both ‘‘social security number’’ 

and ‘‘identification number’’; and 

(3) in subsection (g)(2)(A)(ii)(III), by inserting ‘‘, or other approved unique identifier,’’ after both ‘‘social security number’’ 

and ‘‘identification number’’. 

SEC. 777. Section 532 of the Equity in Educational Land Grant 

Status Act of 1994 (7 U.S.C. 301 note; Public Law 193–382) is 

amended— 

(1) by redesignating paragraphs (23) through (32) as paragraphs (24) through (33), respectively; and 

(2) by inserting after paragraph (22) the following: ‘‘(23) 

Tohono O‘odham Community College.’’. 

SEC. 778. Of the unobligated balances of funds in the Agricultural Conservation Program account, $3,500,000 are hereby rescinded. 

SEC. 779. Notwithstanding any other provision of law, the 

amounts made available to the Dakota Value Capture Cooperative 

under section 747 of the Agriculture, Rural Development, Food and 

Drug Administration, and Related Agencies Appropriations Act, 

2002 (Public Law 107–76; 115 Stat. 738) shall remain available 

until expended for a project conducted by the Dakota Value Capture 

Cooperative at South Dakota State University. 

SEC. 780. None of the funds made available under this Act 

shall be available to pay the administrative expenses of a State 

agency that, after the date of enactment of this Act, authorizes any 

new for-profit vendor(s) to transact food instruments under the SpeVerDate Aug 04 2004 07:33 Dec 01, 2004 Jkt 096906 PO 00000 Frm 00046 Fmt 6659 Sfmt 6603 E:\HR\OC\HR792.XXX HR792
43 

cial Supplemental Nutrition Program for Women, Infants, and Children if it is expected that more than 50 percent of the annual revenue of the vendor from the sale of food items will be derived from 

the sale of supplemental foods that are obtained with WIC food instruments, except that the Secretary may approve the authorization 

of such a vendor if the approval is necessary to assure participant 

access to program benefits. 

SEC. 781. Of the unobligated balances under section 32 of the 

Act of August 24, 1935, $163,000,000 are hereby rescinded. 

SEC. 782. Of the unobligated balances available to the Foreign 

Agricultural Service for the Public Law 480 Title I Program at the 

beginning of fiscal year 2005, $191,108,000 are hereby rescinded: 

Provided, That for purposes of determining the amount of funds 

available for transfer under section 412(b) of Public Law 83–480, as 

amended, the maximum amount of funds available for transfer 

shall be calculated based upon the total funds available prior to 

this rescission. 

SEC. 783. The Secretary of Agriculture may use any unobligated 

carryover funds made available for any program administered by 

the Rural Utilities Service (not including funds made available 

under the heading ‘‘Rural Community Advancement Program’’ in 

any Act of appropriation) to carry out section 315 of the Rural Electrification Act of 1936 (7 U.S.C. 940e). 

SEC. 784. None of the funds made available by this or any other 

Act may be used to reduce the mission, resources, staffing, facilities, 

or capabilities of the Wildlife Habitat Management Institute in Mississippi as in existence on December 17, 2003. 

SEC. 785. LIVESTOCK ASSISTANCE. (a) IN GENERAL.—In carrying out a livestock assistance, compensation, or feed program, the 

Secretary of Agriculture shall include elk, reindeer, and bison within the definition of ‘‘livestock’’ covered by the program. 

(b) CONFORMING AMENDMENTS.— 

(1) Section 602(2) of the Agricultural Act of 1949 (7 U.S.C. 

1471(2)) is amended by inserting ‘‘elk, reindeer, bison,’’ after 

‘‘cattle,’’. 

(2) Section 10104 of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 1472) is amended— 

(A) by redesignating subsections (a) through (d) as subsections (b) through (e), respectively; and 

(B) by inserting before subsection (b) (as so redesignated) the following: 

‘‘(a) DEFINITION OF LIVESTOCK.—In this section, the term ‘livestock’ includes elk, reindeer, and bison.’’. 

(3) Section 203(d) of the Agricultural Assistance Act of 2003 

(Public Law 108–7; 117 Stat. 541) is amended— 

(A) by redesignating paragraph (2) as paragraph (3); 

and 

(B) by inserting after paragraph (1) the following: 

‘‘(2) LIVESTOCK.—The term ‘livestock’ includes elk, reindeer, 

and bison.’’. 

SEC. 786. There is hereby appropriated $1,000,000, to remain 

available until expended, to carry out provisions of Section 751 of 

Division A of Public Law 108–7. 

44 

SEC. 787. There is hereby appropriated $500,000 for a grant to 

Alaska Village Initiatives for the purpose of administering a private 

lands wildlife management program in Alaska. 

SEC. 788. TECHNICAL CORRECTIONS. (a) Section 104(b)(1) of the 

Child Nutrition and WIC Reauthorization Act of 2004 (Public Law 

108–265) is amended by striking the closing quotation marks and 

the following period at the end of section 9(b)(5)(A)(iv) of the Richard B. Russell National School Lunch Act (as added by that section 

104(b)(1) of Public Law 108–265). 

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

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

Public Law 108–265) is amended— 

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

‘‘2006’’; and 

(2) in subparagraph (D)— 

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

‘‘2008’’; and 

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

‘‘2009’’. 

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

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

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

after ‘‘2005’’. 

(d) Section 17(f)(1)(C)(i) of the Child Nutrition Act of 1966 (42 

U.S.C. 1786(f)(1)(C)(i) (as amended by section 203(e)(10)(B) of Public Law 108–265) is amended by striking the period after ‘‘subsection (h)(11)’’. 

(e) Section 17(h)(8)(A)(vi) of the Child Nutrition Act of 1966 (42 

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

108–265) is amended by striking ‘‘Each State’’ and inserting ‘‘Effective beginning October 1, 2004, each State’’. 

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

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

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

(other than section 104(a)(1))’’. 

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

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

storms’’ after ‘‘hurricanes’’. 

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

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

Center in Springfield, Ohio. 

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

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

in Lexington, Virginia. 

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

authorized under section 16(b) of the Soil Conservation and Domestic Allotment Act (16 U.S.C. 590p(b)); the Forestry Incentives Program authorized by Section 4 and Section 6 of the Cooperative Forestry Assistance Act of 1978 (16 U.S.C. 2103); The Water Bank Program authorized by The Water Bank Act of 1970 (Public Law 91– 

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

Prevention Operations project are hereby rescinded. 

45 

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

available until expended, for a grant to the Wisconsin Federation of 

Cooperatives for pilot Wisconsin-Minnesota health care cooperative 

purchasing alliances. 

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

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

‘‘(h) FUNDING FOR FEDERALLY RECOGNIZED NATIVE AMERICAN

INDIAN TRIBES AND ALASKA NATIVE CORPORATIONS.—The Secretary 

may enter into alternative funding arrangements with federally recognized Native American Indian Tribes and Alaska Native Corporations (including their affiliated membership organizations) if the 

Secretary determines that the goals and objectives of the program 

will be met by such arrangements, and that statutory limitations regarding contracts with individual producers as defined under this 

Subtitle will not be exceeded by any Tribal or Native Corporation 

member.’’. 

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

3839aa–7, is amended by inserting after ‘‘2007,’’ ‘‘(excluding funding 

arrangements with federally recognized Native American Indian 

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

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

available until expended, for a grant to the Florida Department of 

Citrus. 

SEC. 796. Notwithstanding any other provision of law, effective 

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

of conducting audits of participating institutions, funds identified 

by the Secretary as having been unused during the initial fiscal 

year of availability may be recovered and reallocated by the Secretary: Provided, That states may use the reallocated funds until expended for the purpose of conducting audits of participating institutions. 

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

amended— 

(a) In subsection (a), by striking ‘‘permit’’ and inserting ‘‘transfer title of ownership to an easement under this subchapter to’’; and 

(b) By striking subsection (d) and inserting the following new 

subsection: 

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

on land under this subchapter dissolves or fails to enforce the terms 

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

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

46 

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 fulltime equivalent workyears and $11,078,000 shall be expended for 

the Department Leadership Program exclusive of augmentation that 

occurred in these offices in fiscal year 2004: Provided further, That 

not to exceed 26 permanent positions, 21 full-time equivalent 

workyears and $3,305,000 shall be expended for the Office of Legislative Affairs: Provided further, That not to exceed 17 permanent 

positions, 21 full-time equivalent workyears and $2,470,000 shall be 

expended for the Office of Public Affairs: Provided further, That the 

latter two aforementioned offices may utilize non-reimbursable details of career employees within the caps described in the preceding 

two provisos. 

JOINT AUTOMATED BOOKING SYSTEM

For expenses necessary for the nationwide deployment of a Joint 

Automated Booking System including automated capability to 

transmit fingerprint and image data, $20,185,000, to remain available until September 30, 2006. 

AUTOMATED BIOMETRIC IDENTIFICATION SYSTEM/INTEGRATED

AUTOMATED FINGERPRINT IDENTIFICATION SYSTEM

For necessary expenses for the planning, development, and deployment of an integrated fingerprint identification system, including automated capability to transmit fingerprint and image data, 

$5,054,000, to remain available until September 30, 2006. 

LEGAL ACTIVITIES OFFICE AUTOMATION

For necessary expenses related to the design, development, engineering, acquisition, and implementation of office automation systems for the organizations funded under the headings ‘‘Salaries and 

Expenses, General Legal Activities’’, and ‘‘General Administration, 

Salaries and Expenses’’, and the United States Attorneys, the 

United States Marshals Service, the Antitrust Division, the United 

States Trustee Program, the Executive Office for Immigration Review, the Community Relations Service, the Bureau of Prisons, the 

Office of Justice Programs, and the United States Parole Commission, $40,510,000, to remain available until September 30, 2006. 

NARROWBAND COMMUNICATIONS

For the costs of conversion to narrowband communications, including the cost for operation and maintenance of Land Mobile 

Radio legacy systems, $100,000,000, to remain available until SepVerDate Aug 04 2004 07:33 Dec 01, 2004 Jkt 096906 PO 00000 Frm 00050 Fmt 6659 Sfmt 6603 E:\HR\OC\HR792.XXX HR792
47 

tember 30, 2006: Provided, That the Attorney General shall transfer 

to the ‘‘Narrowband Communications’’ account all funds made 

available to the Department of Justice for the purchase of portable 

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

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

ADMINISTRATIVE REVIEW AND APPEALS

For expenses necessary for the administration of pardon and 

clemency petitions and immigration-related activities, $203,965,000. 

DETENTION TRUSTEE

For necessary expenses of the Federal Detention Trustee, 

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

the Trustee shall be responsible for managing the Justice Prisoner 

and Alien Transportation System and for overseeing housing related 

to such detention: Provided further, That any unobligated balances 

available in prior years from the funds appropriated under the 

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

merged with the appropriation under the heading ‘‘Detention Trustee’’ and shall be available until expended. Provided further, That 

the Trustee, working in consultation with the Bureau of Prisons, 

shall submit a plan for collecting information related to evaluating 

the health and safety of Federal prisoners in non-Federal institutions no later than 180 days following the enactment of this Act. 

OFFICE OF INSPECTOR GENERAL

For necessary expenses of the Office of Inspector General, 

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

emergencies of a confidential character. 

UNITED STATES PAROLE COMMISSION

SALARIES AND EXPENSES

For necessary expenses of the United States Parole Commission 

as authorized, $10,638,000. 

LEGAL ACTIVITIES

SALARIES AND EXPENSES, GENERAL LEGAL ACTIVITIES

For expenses necessary for the legal activities of the Department 

of Justice, not otherwise provided for, including not to exceed 

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

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

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

space in the District of Columbia, $634,193,000, of which not to exceed $10,000,000 for litigation support contracts shall remain available until expended: Provided, That of the total amount appropriated, not to exceed $1,000 shall be available to the United States 

National Central Bureau, INTERPOL, for official reception and 

representation expenses: Provided further, That notwithstanding 

any other provision of law, upon a determination by the Attorney 

General that emergent circumstances require additional funding for 

litigation activities of the Civil Division, the Attorney General may 

transfer such amounts to ‘‘Salaries and Expenses, General Legal AcVerDate Aug 04 2004 07:33 Dec 01, 2004 Jkt 096906 PO 00000 Frm 00051 Fmt 6659 Sfmt 6603 E:\HR\OC\HR792.XXX HR792
48 

tivities’’ from available appropriations for the current fiscal year for 

the Department of Justice, as may be necessary to respond to such 

circumstances: Provided further, That any transfer pursuant to the 

previous proviso shall be treated as a reprogramming under section 

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

In addition, for reimbursement of expenses of the Department of 

Justice associated with processing cases under the National Childhood Vaccine Injury Act of 1986, not to exceed $6,333,000, to be appropriated from the Vaccine Injury Compensation Trust Fund. 

SALARIES AND EXPENSES, ANTITRUST DIVISION

For expenses necessary for the enforcement of antitrust and kindred laws, $138,763,000, to remain available until expended: Provided, That, notwithstanding any other provision of law, not to exceed $101,000,000 of offsetting collections derived from fees collected 

for premerger notification filings under the Hart-Scott-Rodino Antitrust Improvements Act of 1976 (15 U.S.C. 18a), regardless of the 

year of collection, shall be retained and used for necessary expenses 

in this appropriation, and shall remain available until expended: 

Provided further, That the sum herein appropriated from the general fund shall be reduced as such offsetting collections are received 

during fiscal year 2005, so as to result in a final fiscal year 2005 

appropriation from the general fund estimated at not more than 

$37,763,000. 

SALARIES AND EXPENSES, UNITED STATES ATTORNEYS

For necessary expenses of the Offices of the United States Attorneys, including inter-governmental and cooperative agreements, 

$1,547,519,000; of which not to exceed $2,500,000 shall be available 

until September 30, 2006, for: (1) training personnel in debt collection; (2) locating debtors and their property; (3) paying the net costs 

of selling property; and (4) tracking debts owed to the United States 

Government: Provided, That of the total amount appropriated, not 

to exceed $8,000 shall be available for official reception and representation expenses: Provided further, That not to exceed 

$10,000,000 of those funds available for automated litigation support contracts shall remain available until expended: Provided further, That not to exceed $2,500,000 for the operation of the National 

Advocacy Center shall remain available until expended: Provided 

further, That, in addition to reimbursable full-time equivalent 

workyears available to the Offices of the United States Attorneys, 

not to exceed 10,212 positions and 10,273 full-time equivalent 

workyears shall be supported from the funds appropriated in this 

Act for the United States Attorneys: Provided further, That of the 

funds made available under this heading, $1,500,000 shall only be 

available to continue ‘‘Operation Streetsweeper’’: Provided further, 

That of the total amount appropriated, $5,000,000 shall be for 

Project Seahawk and shall remain available until expended. 

UNITED STATES TRUSTEE SYSTEM FUND

For necessary expenses of the United States Trustee Program, as authorized, $173,602,000, to remain available until expended 

49 

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 

automated information network to store and retrieve the identities 

and locations of protected witnesses. 

50 

SALARIES AND EXPENSES, COMMUNITY RELATIONS SERVICE

For necessary expenses of the Community Relations Service, 

$9,664,000: Provided, That notwithstanding any other provision of 

law, upon a determination by the Attorney General that emergent 

circumstances require additional funding for conflict resolution and 

violence prevention activities of the Community Relations Service, 

the Attorney General may transfer such amounts to the Community 

Relations Service, from available appropriations for the current fiscal year for the Department of Justice, as may be necessary to respond to such circumstances: Provided further, That any transfer 

pursuant to the previous proviso shall be treated as a reprogramming under section 605 of this Act and shall not be available for 

obligation or expenditure except in compliance with the procedures 

set forth in that section. 

ASSETS FORFEITURE FUND

For expenses authorized by 28 U.S.C. 524(c)(1)(B), (F), and (G), 

$21,759,000, to be derived from the Department of Justice Assets 

Forfeiture Fund. 

PAYMENT TO RADIATION EXPOSURE COMPENSATION TRUST FUND

In addition to amounts appropriated by subsection 3(e) of the 

Radiation Exposure Compensation Act (42 U.S. Code 2210 note), 

$27,800,000 for payment to the Radiation Exposure Compensation 

Trust Fund, to remain available until expended. 

INTERAGENCY LAW ENFORCEMENT

INTERAGENCY CRIME AND DRUG ENFORCEMENT

For necessary expenses for the identification, investigation, and 

prosecution of individuals associated with the most significant drug 

trafficking and affiliated money laundering organizations not otherwise provided for, to include inter-governmental agreements with 

State and local law enforcement agencies engaged in the investigation and prosecution of individuals involved in organized crime 

drug trafficking, $561,033,000, of which $50,000,000 shall remain 

available until expended: Provided, That any amounts obligated 

from appropriations under this heading may be used under authorities available to the organizations reimbursed from this appropriation. 

FEDERAL BUREAU OF INVESTIGATION

SALARIES AND EXPENSES

For necessary expenses of the Federal Bureau of Investigation 

for detection, investigation, and prosecution of crimes against the 

United States; including purchase for police-type use of not to exceed 

2,988 passenger motor vehicles, of which 2,619 will be for replacement only; and not to exceed $70,000 to meet unforeseen emergencies 

of a confidential character pursuant to 28 U.S.C. 530C, 

$5,205,028,000; of which not to exceed $150,000,000 shall remain 

available until expended; of which $1,017,000,000 shall be for 

counterterrorism investigations, foreign counterintelligence, and 

other activities related to our national security; of which 

51 

$56,349,000 shall be for the operations, equipment, and facilities of 

the Foreign Terrorist Tracking Task Force; and of which not to exceed $20,000,000 is authorized to be made available for making advances for expenses arising out of contractual or reimbursable agreements with State and local law enforcement agencies while engaged 

in cooperative activities related to violent crime, terrorism, organized crime, gang-related crime, cybercrime, and drug investigations: Provided, That not to exceed $200,000 shall be available for 

official reception and representation expenses: Provided further, 

That, in addition to reimbursable full-time equivalent workyears 

available to the Federal Bureau of Investigation, not to exceed 

30,039 positions and 29,082 full-time equivalent workyears shall be 

supported from the funds appropriated in this Act for the Federal 

Bureau of Investigation: Provided further, That up to $6,800,000 of 

prior year unobligated balances shall be available for the necessary 

expense of construction of an aviation hangar, to remain available 

until September 30, 2006. 

CONSTRUCTION

For necessary expenses to construct or acquire buildings and 

sites by purchase, or as otherwise authorized by law (including 

equipment for such buildings); conversion and extension of Federally-owned buildings; and preliminary planning and design of 

projects; $10,242,000, to remain available until expended: Provided, 

That $9,000,000 shall be available to lease a records management 

facility, including equipment and relocation expenses, in Frederick 

County, Virginia. 

DRUG ENFORCEMENT ADMINISTRATION

SALARIES AND EXPENSES

For necessary expenses of the Drug Enforcement Administration, including not to exceed $70,000 to meet unforeseen emergencies 

of a confidential character pursuant to 28 U.S.C. 530C; expenses for 

conducting drug education and training programs, including travel 

and related expenses for participants in such programs and the distribution of items of token value that promote the goals of such programs; and purchase of not to exceed 1,461 passenger motor vehicles, of which 1,346 will be for replacement only, for police-type use, 

$1,653,265,000; of which not to exceed $75,000,000 shall remain 

available until expended; and of which not to exceed $100,000 shall 

be available for official reception and representation expenses: Provided, That, in addition to reimbursable full-time equivalent 

workyears available to the Drug Enforcement Administration, not to 

exceed 8,361 positions and 8,250 full-time equivalent workyears 

shall be supported from the funds appropriated in this Act for the 

Drug Enforcement Administration: Provided further, That not to exceed $8,100,000 from prior year unobligated balances shall be available for the design, construction and ownership of a clandestine laboratory training facility and shall remain available until expended. 

52 

BUREAU OF ALCOHOL, TOBACCO, FIREARMS AND EXPLOSIVES

SALARIES AND EXPENSES

For necessary expenses of the Bureau of Alcohol, Tobacco, Firearms and Explosives, including the purchase of not to exceed 822 

vehicles for police-type use, of which 650 shall be for replacement 

only; not to exceed $25,000 for official reception and representation 

expenses; for training of State and local law enforcement agencies 

with or without reimbursement, including training in connection 

with the training and acquisition of canines for explosives and fire 

accelerants detection; and for provision of laboratory assistance to 

State and local law enforcement agencies, with or without reimbursement, $890,357,000, of which not to exceed $1,000,000 shall be 

available for the payment of attorneys’ fees as provided by 18 U.S.C. 

924(d)(2); and of which $10,000,000 shall remain available until expended: Provided, That no funds appropriated herein shall be available for salaries or administrative expenses in connection with consolidating or centralizing, within the Department of Justice, the 

records, or any portion thereof, of acquisition and disposition of firearms maintained by Federal firearms licensees: Provided further, 

That no funds appropriated herein shall be used to pay administrative expenses or the compensation of any officer or employee of the 

United States to implement an amendment or amendments to 27 

CFR 178.118 or to change the definition of ‘‘Curios or relics’’ in 27 

CFR 178.11 or remove any item from ATF Publication 5300.11 as 

it existed on January 1, 1994: Provided further, That none of the 

funds appropriated herein shall be available to investigate or act 

upon applications for relief from Federal firearms disabilities under 

18 U.S.C. 925(c): Provided further, That such funds shall be available to investigate and act upon applications filed by corporations 

for relief from Federal firearms disabilities under section 925(c) of 

title 18, United States Code: Provided further, That no funds made 

available by this or any other Act may be used to transfer the functions, missions, or activities of the Bureau of Alcohol, Tobacco, Firearms and Explosives to other agencies or Departments in fiscal year 

2005: Provided further, That no funds appropriated under this or 

any other Act with respect to any fiscal year may be used to disclose 

part or all of the contents of the Firearms Trace System database 

maintained by the National Trace Center of the Bureau of Alcohol, 

Tobacco, Firearms, and Explosives or any information required to 

be kept by licensees pursuant to section 923(g) of title 18, United 

States Code, or required to be reported pursuant to paragraphs (3) 

and (7) of such section 923(g), to anyone other than a Federal, 

State, or local law enforcement agency or a prosecutor solely in connection with and for use in a bona fide criminal investigation or 

prosecution and then only such information as pertains to the geographic jurisdiction of the law enforcement agency requesting the 

disclosure and not for use in any civil action or proceeding other 

than an action or proceeding commenced by the Bureau of Alcohol, 

Tobacco, Firearms, and Explosives, or a review of such an action or 

proceeding, to enforce the provisions of chapter 44 of such title, and 

all such data shall be immune from legal process and shall not be 

subject to subpoena or other discovery in any civil action in a State 

or Federal court or in any administrative proceeding other than a 

proceeding commenced by the Bureau of Alcohol, Tobacco, Firearms, 

53 

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 

54 

of the prison card program from a not-for-profit entity which has 

operated such program in the past notwithstanding the fact that 

such not-for-profit entity furnishes services under contracts to the 

Federal Prison System relating to the operation of pre-release services, halfway houses or other custodial facilities. 

BUILDINGS AND FACILITIES

For planning, acquisition of sites and construction of new facilities; purchase and acquisition of facilities and remodeling, and 

equipping of such facilities for penal and correctional use, including 

all necessary expenses incident thereto, by contract or force account; 

and constructing, remodeling, and equipping necessary buildings 

and facilities at existing penal and correctional institutions, including all necessary expenses incident thereto, by contract or force account, $189,000,000, to remain available until expended, of which 

not to exceed $14,000,000 shall be available to construct areas for 

inmate work programs: Provided, That labor of United States prisoners may be used for work performed under this appropriation. 

FEDERAL PRISON INDUSTRIES, INCORPORATED

The Federal Prison Industries, Incorporated, is hereby authorized to make such expenditures, within the limits of funds and borrowing authority available, and in accord with the law, and to 

make such contracts and commitments, without regard to fiscal year 

limitations as provided by section 9104 of title 31, United States 

Code, as may be necessary in carrying out the program set forth in 

the budget for the current fiscal year for such corporation, including 

purchase (not to exceed five for replacement only) and hire of passenger motor vehicles. 

LIMITATION ON ADMINISTRATIVE EXPENSES, FEDERAL PRISON

INDUSTRIES, INCORPORATED

Not to exceed $3,411,000 of the funds of the corporation shall 

be available for its administrative expenses, and for services as authorized by 5 U.S.C. 3109, to be computed on an accrual basis to 

be determined in accordance with the corporation’s current prescribed accounting system, and such amounts shall be exclusive of 

depreciation, payment of claims, and expenditures which such accounting system requires to be capitalized or charged to cost of commodities acquired or produced, including selling and shipping expenses, and expenses in connection with acquisition, construction, 

operation, maintenance, improvement, protection, or disposition of 

facilities and other property belonging to the corporation or in 

which it has an interest. 

OFFICE ON VIOLENCE AGAINST WOMEN

VIOLENCE AGAINST WOMEN PREVENTION AND PROSECUTION

PROGRAMS

For grants, contracts, cooperative agreements, and other assistance for the prevention and prosecution of violence against women 

as authorized by the Omnibus Crime Control and Safe Streets Act 

of 1968 (‘‘the 1968 Act’’); the Violent Crime Control and Law Enforcement Act of 1994 (Public Law 103–322) (‘‘the 1994 Act’’); the 

Victims of Child Abuse Act of 1990 (‘‘the 1990 Act’’); the ProsecuVerDate Aug 04 2004 07:33 Dec 01, 2004 Jkt 096906 PO 00000 Frm 00058 Fmt 6659 Sfmt 6603 E:\HR\OC\HR792.XXX HR792
55 

torial 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. 

56 

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; 

57 

(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 

58 

General through the Executive Office for Weed and Seed: Provided 

further, That the Attorney General may direct the use of other Department of Justice funds and personnel in support of ‘‘Weed and 

Seed’’ program activities only after the Attorney General notifies the 

Committees on Appropriations of the House of Representatives and 

the Senate in accordance with section 605 of this Act: Provided further, That of the funds appropriated for the Executive Office for 

Weed and Seed, $2,000,000 shall be directed for comprehensive community development training and technical assistance. 

COMMUNITY ORIENTED POLICING SERVICES

For activities authorized by the Violent Crime Control and Law 

Enforcement Act of 1994 (Public Law 103–322) (including administrative costs), $606,446,000, to remain available until expended: 

Provided, That funds that become available as a result of 

deobligations from prior year balances may not be obligated except 

in accordance with section 605 of this Act: Provided further, That 

of the funds under this heading, not to exceed $2,575,000 shall be 

available for the Office of Justice Programs for reimbursable services associated with programs administered by the Community Oriented Policing Services Office: Provided further, That section 

1703(b) and (c) of the Omnibus Crime Control and Safe Streets Act 

of 1968 (‘‘the 1968 Act’’) shall not apply to non-hiring grants made 

pursuant to part Q of title I thereof (42 U.S.C. 3796dd et seq.). Of 

the amounts provided— 

(1) $10,000,000 is for the hiring of law enforcement officers, including $5,000,000 for school resource officers; 

(2) $15,000,000 is for training and technical assistance; 

(3) $20,000,000 is for improving tribal law enforcement including equipment and training; 

(4) $100,000,000 is for the COPS Interoperable Communications Technology Program; 

(5) $7,500,000 is for a police integrity program; 

(6) $25,000,000 is for the matching grant program for law 

enforcement armor vests as authorized by section 2501 of part 

Y of the 1968 Act: Provided, That not to exceed 2 percent of 

such funds shall be available to the Office of Justice Programs 

for testing of and research relating to law enforcement armor 

vests; 

(7) $52,556,000 is for policing initiatives to combat methamphetamine production and trafficking and to enhance policing initiatives in ‘‘drug hot spots’’; (8) $15,000,000 is for Police Corps education and training: 

Provided, That the out-year program costs of new recruits shall 

be fully funded from funds currently available; 

(9) $138,615,000 is for a law enforcement technology program; 

(10) $25,000,000 is for grants to upgrade criminal records, 

as authorized under the Crime Identification Technology Act of 

1998 (42 U.S.C. 14601); 

(11) $28,450,000 is for grants, contracts and other assistance to States under section 102(b) of the Crime Identification 

Technology Act of 1998 (42 U.S.C. 14601); 

(12) $110,000,000 is for a DNA analysis and capacity enhancement program; 

59 

(13) $15,000,000 is for Paul Coverdell Forensic Sciences 

Improvement Grants under part BB of title I of the 1968 Act 

(42 U.S.C. 3797j et seq.); (14) $10,000,000 is for an offender re-entry program, as authorized by Public Law 107–273; (15) $4,325,000 is for the Safe Schools Initiative; and 

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

and administration. 

JUVENILE JUSTICE PROGRAMS

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

Act of 1974 (‘‘the Act’’), and other juvenile justice programs, including salaries and expenses in connection therewith to be transferred 

to and merged with the appropriations for Justice Assistance, 

$384,177,000, to remain available until expended, as follows— (1) $3,000,000 for concentration of Federal efforts, as authorized by section 204 of the Act; (2) $84,000,000 for State and local programs authorized by 

section 221 of the Act, including training and technical assistance to assist small, non-profit organizations with the Federal 

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

by sections 261 and 262 of the Act; (4) $10,000,000 for research, evaluation, training and technical assistance, as authorized by sections 251 and 252 of the 

Act; 

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

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

by section 505 of the Act, of which— (A) $10,000,000 shall be for the Tribal Youth Program; 

(B) $25,000,000 shall be for a gang resistance education and training program to be administered by the Bureau of Justice Assistance and to be coordinated with the 

Bureau of Alcohol, Tobacco, Firearms and Explosives and 

the Office of Juvenile Justice and Delinquency Prevention; 

and 

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

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

grants to States, for programs and activities to enforce 

State laws prohibiting the sale of alcoholic beverages to minors or the purchase or consumption of alcoholic beverages 

by minors, prevention and reduction of consumption of alcoholic beverages by minors, and for technical assistance 

and training; 

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

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

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

Child Abuse Act of 1990; and 

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

Grants program as authorized by Public Law 107–273 and 

Guam shall be considered a State: 

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

used for research, evaluation, and statistics activities designed to 

60 

benefit the programs or activities authorized: Provided further, That 

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

and technical assistance. 

PUBLIC SAFETY OFFICERS BENEFITS

To remain available until expended, for payments authorized by 

part L of title I of the Omnibus Crime Control and Safe Streets Act 

of 1968 (42 U.S.C. 3796), such sums as are necessary, as authorized 

by section 6093 of Public Law 100–690 (102 Stat. 4339–4340); and 

$3,615,000, to remain available until expended for payments as authorized by section 1201(b) of said Act; and $2,795,000 for educational assistance, as authorized by section 1212 of the 1968 Act. 

GENERAL PROVISIONS—DEPARTMENT OF JUSTICE

SEC. 101. In addition to amounts otherwise made available in 

this title for official reception and representation expenses, a total 

of not to exceed $60,000 from funds appropriated to the Department 

of Justice in this title shall be available to the Attorney General for 

official reception and representation expenses. 

SEC. 102. None of the funds appropriated by this title shall be 

available to pay for an abortion, except where the life of the mother 

would be endangered if the fetus were carried to term, or in the case 

of rape: Provided, That should this prohibition be declared unconstitutional by a court of competent jurisdiction, this section shall be 

null and void. 

SEC. 103. None of the funds appropriated under this title shall 

be used to require any person to perform, or facilitate in any way 

the performance of, any abortion. 

SEC. 104. Nothing in the preceding section shall remove the obligation of the Director of the Bureau of Prisons to provide escort 

services necessary for a female inmate to receive such service outside 

the Federal facility: Provided, That nothing in this section in any 

way diminishes the effect of section 103 intended to address the 

philosophical beliefs of individual employees of the Bureau of Prisons. 

SEC. 105. Authorities contained in the 21st Century Department 

of Justice Appropriations Authorization Act (Public Law 107–273) 

shall remain in effect until the effective date of a subsequent Department of Justice appropriations authorization Act. 

SEC. 106. Not to exceed 5 percent of any appropriation made 

available for the current fiscal year for the Department of Justice 

in this Act may be transferred between such appropriations, but no 

such appropriation, except as otherwise specifically provided, shall 

be increased by more than 10 percent by any such transfers: Provided, That any transfer pursuant to this section shall be treated as 

a reprogramming of funds under section 605 of this Act and shall 

not be available for obligation except in compliance with the procedures set forth in that section: Provided further, That none of the 

funds appropriated to ‘‘Buildings and Facilities, Federal Prison 

System’’ in this or any other Act may be transferred to ‘‘Salaries and 

Expenses, Federal Prison System’’, or any other Department of Justice account, unless the President certifies that such a transfer is 

necessary to the national security interests of the United States, and 

61 

such authority shall not be delegated, and shall be subject to Section 605 of this Act. 

SEC. 107. Section 114 of Public Law 107–77 shall remain in effect during fiscal year 2005. 

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

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

Project Seahawk and shall remain available until expended. 

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

September 30, 2006, the Personnel Management Demonstration 

Project transferred to the Attorney General pursuant to section 1115 

of the Homeland Security Act of 2002, Public Law 107–296 (6 

U.S.C. 533) without limitation on the number of employees or the 

positions covered. 

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

be used by the Drug Enforcement Administration to establish a procurement quota following the approval of a new drug application or 

an abbreviated new drug application for a controlled substance. 

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

until 180 days after enactment of this Act. 

SEC. 111. The limitation established in the preceding section 

shall not apply to any new drug application or abbreviated new 

drug application for which the Drug Enforcement Administration 

has reviewed and provided public comments on labeling, promotion, 

risk management plans, and any other documents. 

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

amended— 

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

(2) by adding at the end the following: 

‘‘(2) In the case of employees of the Federal Bureau of Investigation, the second sentence of paragraph (1) shall be applied by substituting ‘65 years of age’ for ‘60 years of age’. The authority to grant 

exemptions in accordance with the preceding sentence shall cease to 

be available after December 31, 2009.’’. 

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

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

(2) by adding at the end the following: 

‘‘(2) In the case of employees of the Federal Bureau of Investigation, the second sentence of paragraph (1) shall be applied by substituting ‘65 years of age’ for ‘60 years of age’. The authority to grant 

exemptions in accordance with the preceding sentence shall cease to 

be available after December 31, 2009.’’. 

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

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

‘‘§ 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 

62 

‘‘(B) the Director of the Federal Bureau of Investigation determines that, in the absence of such a bonus, the employee 

would be likely to leave— 

‘‘(i) the Federal service; or 

‘‘(ii) for a different position in the Federal service; or 

‘‘(2) the individual is transferred to a different geographic 

area with a higher cost of living (as determined by the Director 

of the Federal Bureau of Investigation). 

‘‘(b) SERVICE AGREEMENT.—Payment of a bonus under this section is contingent upon the employee entering into a written service 

agreement with the Bureau to complete a period of service with the 

Bureau. Such agreement shall include— 

‘‘(1) the period of service the individual shall be required to 

complete in return for the bonus; and 

‘‘(2) the conditions under which the agreement may be terminated before the agreed-upon service period has been completed, and the effect of the termination. 

‘‘(c) LIMITATION ON AUTHORITY.—A bonus paid under this section may not exceed 50 percent of the employee’s basic pay. 

‘‘(d) IMPACT ON BASIC PAY.—A retention bonus is not part of the 

basic pay of an employee for any purpose. 

‘‘(e) TERMINATION OF AUTHORITY.—The authority to grant bonuses under this section shall cease to be available after December 

31, 2009.’’. 

(b) The analysis for chapter 57 of title 5, United States Code, 

is amended by adding at the end the following: 

‘‘5759. Retention and relocation bonuses for the Federal Bureau of Investigation.’’. 

SEC. 114. (a) Chapter 35 of title 5 of the United States Code is 

amended by adding at the end the following: 

‘‘SUBCHAPTER VII—RETENTION OF RETIRED SPECIALIZED 

EMPLOYEES AT THE FEDERAL BUREAU OF INVESTIGATION 

‘‘§ 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 

63 

of participating in any training that relates to service as a member 

of the FBI Reserve Service. 

‘‘(f) LIMITATION ON MEMBERSHIP.—Membership of the FBI Reserve Service is not to exceed 500 members at any given time.’’. 

(b) The analysis for chapter 35 of title 5, United States Code, 

is amended by adding at the end the following: 

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

FEDERAL BUREAU OF INVESTIGATION

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

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

amended— 

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

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

and inserting ‘‘; and’’; and 

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

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

the primary duties and responsibilities of which relate to 

intelligence functions (as determined by the Director of the 

Federal Bureau of Investigation).’’. 

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

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

Tobacco, Firearms and Explosives in the conduct of undercover investigative operations and shall apply without fiscal year limitation 

with respect to any undercover investigative operation initiated by 

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

necessary for the detection and prosecution of crimes against the 

United States. 

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

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

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

take effect as if enacted on January 1, 2004. 

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

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

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

Federal Public Defender to transfer computers to the local detention 

facility to review electronic discovery. These computers will be used 

according to schedules and protocols developed by the staff of the 

local facility in consultation with the Federal Defender and the District Court’s Criminal Justice Act Selection Committee. 

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

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

an individual who is a prisoner pursuant to conviction for crime 

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

security prisoner, other than to a prison or other facility certified by 

the Federal Bureau of Prisons as appropriately secure for housing 

such a prisoner. 

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

be used by Federal prisons to purchase cable television services, to 

rent or purchase videocassettes, videocassette recorders, or other 

audiovisual or electronic equipment used primarily for recreational 

purposes. 

64 

(b) The preceding sentence does not preclude the renting, maintenance, or purchase of audiovisual or electronic equipment for inmate training, religious, or educational programs. 

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

Act (42 U.S.C. 2210 note) is amended— 

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

and 

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

through (J). 

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

(1) in section 7— 

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

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

(2) in section 1(b), by striking ‘‘Reduction’’ in the item relating to section 7 and inserting ‘‘Elimination’’. 

SEC. 124. (a) The President shall award and present a 9/11 

Heroes Medal of Valor of appropriate design, with ribbons and appurtenances, to an appropriate representative of those individuals 

who were members of public safety agencies and were killed in the 

terrorist attacks in the United States on September 11, 2001, as certified by the Attorney General, on behalf of such individuals. 

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

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

attacks described in that subsection. 

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

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

section 5 of the Public Safety Officer Medal of Valor Act of 2001) 

who— 

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

September 11, 2001; 

(B) participated in the response that day to the terrorist attacks on the World Trade Center, the terrorist attack on the 

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

the fourth airplane in Pennsylvania; and 

(C) died as a result of such participation. 

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

to in paragraph (1)(B) shall be deemed, for purposes of the eligibility requirement of that paragraph, to have participated in the response. 

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

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

1, 2005. 

(d)(1)(A) The design of the medal under this section shall be selected by the Attorney General after consultation with— 

(i) the Commission of Fine Arts; and 

(ii) the Institute of Heraldry within the Department of Defense, regarding the design and artistry of the 9/11 Heroes 

Medal of Valor. 

(B) The Attorney General may also consider suggestions received by the Department of Justice regarding the design of the 

medal, including those made by persons not employed by the Department of Justice. 

65 

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

General shall make necessary arrangements with the Secretary of 

the Treasury for the Secretary to prepare and strike, on a reimbursable basis, such number of medals as may be required to carry out 

this section. 

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

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

(e) The Attorney General shall establish such procedures and 

requirements as may be necessary to carry out this section. 

(f) There are authorized to be appropriated to the Attorney General such sums as may be necessary to carry out this section. 

SEC. 125. (a) The Attorney General shall transfer, without reimbursement, to the Secretary of the Army a parcel of real property, 

including any improvements thereon, consisting of approximately 

57.8 acres located on River Road in Prince George County, Virginia. 

The real property is currently under the administrative jurisdiction 

of the Bureau of Prisons. Upon transfer of the real property under 

this subsection, the Secretary of the Army shall assume administrative and jurisdictional accountability over property and include the 

property as part of Fort Lee, Virginia. 

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

to be transferred under subsection (a) shall be determined by a survey satisfactory to the Secretary of the Army. 

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

of Justice for Victims of Overseas Terrorism. 

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

TITLE II—DEPARTMENT OF COMMERCE AND RELATED 

AGENCIES 

TRADE AND INFRASTRUCTURE DEVELOPMENT

RELATED AGENCIES 

OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE

SALARIES AND EXPENSES

For necessary expenses of the Office of the United States Trade 

Representative, including the hire of passenger motor vehicles and 

the employment of experts and consultants as authorized by 5 

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

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

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

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

within the World Trade Organization to recognize the right of members to distribute monies collected from antidumping and countervailing duties: Provided further, That there is established a position 

of Chief Negotiator for Intellectual Property Enforcement. 

66 

NATIONAL INTELLECTUAL PROPERTY LAW ENFORCEMENT

COORDINATION COUNCIL

For necessary expenses of the National Intellectual Property 

Law Enforcement Coordination Council to coordinate domestic and 

international intellectual property protection and law enforcement 

relating to intellectual property among Federal and foreign entities, 

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

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

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

the Coordinator for International Intellectual Property Enforcement 

shall be appointed by the President: Provided further, That no person shall serve as the Coordinator for International Intellectual 

Property Enforcement while serving in any other position in the 

Federal Government: Provided further, That the co-chairs of the National Intellectual Property Law Enforcement Coordination Council, 

as designated by Public Law 106–58, shall report to the Coordinator 

for International Intellectual Property Enforcement on matters concerning the National Intellectual Property Law Enforcement Coordination Council: Provided further, That the National Intellectual 

Property Law Enforcement Coordination Council shall— 

(1) establish policies, objectives, and priorities concerning 

international intellectual property protection and intellectual 

property law enforcement; 

(2) promulgate a strategy for protecting American intellectual property overseas; and 

(3) coordinate and oversee implementation by agencies with 

responsibilities for intellectual property protection and intellectual property law enforcement of the policies, objectives, and 

priorities established under paragraph (1) and the fulfillment of 

the responsibilities assigned to such agencies in the strategy described in paragraph (2): 

Provided further, That the Coordinator for International Intellectual Property Enforcement shall develop for each fiscal year, with 

the advice of the members of the National Intellectual Property Law 

Enforcement Coordination Council and any other departments and 

agencies with responsibilities for intellectual property protection and 

intellectual property law enforcement, a budget proposal to implement the strategy described in paragraph (2) and for the operations 

of the National Intellectual Property Law Enforcement Coordination 

Council, and shall transmit such budget proposal to the President 

and to the Congress: Provided further, That the Coordinator for 

International Intellectual Property Enforcement may select, appoint, 

employ, and fix compensation of such officers and employees as may 

be necessary to carry out the functions of the National Intellectual 

Property Law Enforcement Coordination Council: Provided further, 

That the Coordinator for International Intellectual Property Enforcement may direct, with the concurrence of the Secretary of a department or head of an agency, the temporary reassignment within 

the Federal Government of personnel employed by such department 

or agency. 

67 

INTERNATIONAL TRADE COMMISSION

SALARIES AND EXPENSES

For necessary expenses of the International Trade Commission, 

including hire of passenger motor vehicles, and services as authorized by 5 U.S.C. 3109, and not to exceed $2,500 for official reception 

and representation expenses, $61,700,000, to remain available until 

expended. 

DEPARTMENT OF COMMERCE 

INTERNATIONAL TRADE ADMINISTRATION

OPERATIONS AND ADMINISTRATION

For necessary expenses for international trade activities of the 

Department of Commerce provided for by law, and for engaging in 

trade promotional activities abroad, including expenses of grants 

and cooperative agreements for the purpose of promoting exports of 

United States firms, without regard to 44 U.S.C. 3702 and 3703; 

full medical coverage for dependent members of immediate families 

of employees stationed overseas and employees temporarily posted 

overseas; travel and transportation of employees of the United 

States and Foreign Commercial Service between two points abroad, 

without regard to 49 U.S.C. 40118; employment of Americans and 

aliens by contract for services; rental of space abroad for periods not 

exceeding 10 years, and expenses of alteration, repair, or improvement; purchase or construction of temporary demountable exhibition 

structures for use abroad; payment of tort claims, in the manner authorized in the first paragraph of 28 U.S.C. 2672 when such claims 

arise in foreign countries; not to exceed $327,000 for official representation expenses abroad; purchase of passenger motor vehicles 

for official use abroad, not to exceed $30,000 per vehicle; obtaining 

insurance on official motor vehicles; and rental of tie lines, 

$401,513,000, to remain available until expended, of which 

$8,000,000 is to be derived from fees to be retained and used by the 

International Trade Administration, notwithstanding 31 U.S.C. 

3302: Provided, That $48,509,000 shall be for Manufacturing and 

Services; $40,087,000 shall be for Market Access and Compliance; 

$64,544,000 shall be for the Import Administration of which not 

less than $3,000,000 is for the Office of China Compliance; 

$222,365,000 shall be for the United States and Foreign Commercial Service of which $1,500,000 is for the Advocacy Center, 

$2,500,000 is for the Trade Information Center, and $2,100,000 is 

for a China and Middle East Business Center; and $26,008,000 

shall be for Executive Direction and Administration: Provided further, That the provisions of the first sentence of section 105(f) and 

all of section 108(c) of the Mutual Educational and Cultural Exchange Act of 1961 (22 U.S.C. 2455(f) and 2458(c)) shall apply in 

carrying out these activities without regard to section 5412 of the 

Omnibus Trade and Competitiveness Act of 1988 (15 U.S.C. 4912); 

and that for the purpose of this Act, contributions under the provisions of the Mutual Educational and Cultural Exchange Act of 1961 

shall include payment for assessments for services provided as part 

of these activities: Provided further, That negotiations shall be conducted within the World Trade Organization to recognize the right 

68 

of members to distribute monies collected from antidumping and 

countervailing duties: Provided further, That of the amount provided, $1,000,000 is for a grant to the United States Air and Trade 

Show Inc. to study the feasibility of the establishment and operation 

of a biennial United States international air trade show to promote 

international exports from the United States and for initial expenses 

of implementing the recommendations set forth in the study: Provided further, That for purposes of section 31.205(d)(2) of the Federal Acquisition Regulation, any international air and trade show 

conducted by the grantee shall be considered to be a trade show containing a significant effort to promote exports from the United 

States. 

BUREAU OF INDUSTRY AND SECURITY

OPERATIONS AND ADMINISTRATION

For necessary expenses for export administration and national 

security activities of the Department of Commerce, including costs 

associated with the performance of export administration field activities both domestically and abroad; full medical coverage for dependent members of immediate families of employees stationed overseas; employment of Americans and aliens by contract for services 

abroad; payment of tort claims, in the manner authorized in the 

first paragraph of 28 U.S.C. 2672 when such claims arise in foreign 

countries; not to exceed $15,000 for official representation expenses 

abroad; awards of compensation to informers under the Export Administration Act of 1979, and as authorized by 22 U.S.C. 401(b); 

and purchase of passenger motor vehicles for official use and motor 

vehicles for law enforcement use with special requirement vehicles 

eligible for purchase without regard to any price limitation otherwise established by law, $68,393,000, to remain available until expended, of which $7,200,000 shall be for inspections and other activities related to national security: Provided, That the provisions of 

the first sentence of section 105(f) and all of section 108(c) of the 

Mutual Educational and Cultural Exchange Act of 1961 (22 U.S.C. 

2455(f) and 2458(c)) shall apply in carrying out these activities: Provided further, That payments and contributions collected and accepted for materials or services provided as part of such activities 

may be retained for use in covering the cost of such activities, and 

for providing information to the public with respect to the export administration and national security activities of the Department of 

Commerce and other export control programs of the United States 

and other governments. 

ECONOMIC DEVELOPMENT ADMINISTRATION

ECONOMIC DEVELOPMENT ASSISTANCE PROGRAMS

For grants for economic development assistance as provided by 

the Public Works and Economic Development Act of 1965, and for 

trade adjustment assistance, $257,423,000, to remain available 

until expended. 

SALARIES AND EXPENSES

For necessary expenses of administering the economic development assistance programs as provided for by law, $30,483,000: ProVerDate Aug 04 2004 07:33 Dec 01, 2004 Jkt 096906 PO 00000 Frm 00072 Fmt 6659 Sfmt 6603 E:\HR\OC\HR792.XXX HR792
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vided, That these funds may be used to monitor projects approved 

pursuant to title I of the Public Works Employment Act of 1976, title 

II of the Trade Act of 1974, and the Community Emergency Drought 

Relief Act of 1977. 

MINORITY BUSINESS DEVELOPMENT AGENCY

MINORITY BUSINESS DEVELOPMENT

For necessary expenses of the Department of Commerce in fostering, promoting, and developing minority business enterprise, including expenses of grants, contracts, and other agreements with 

public or private organizations, $29,899,000. 

ECONOMIC AND INFORMATION INFRASTRUCTURE

ECONOMIC AND STATISTICAL ANALYSIS

SALARIES AND EXPENSES

For necessary expenses, as authorized by law, of economic and 

statistical analysis programs of the Department of Commerce, 

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

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

BUREAU OF THE CENSUS

SALARIES AND EXPENSES

For expenses necessary for collecting, compiling, analyzing, preparing, and publishing statistics, provided for by law, 

$198,765,000. 

PERIODIC CENSUSES AND PROGRAMS

For necessary expenses related to the 2010 decennial census, 

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

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

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

File/Topologically Integrated Geographic Encoding and Referencing 

(MAF/TIGER) system. 

In addition, for expenses to collect and publish statistics for 

other periodic censuses and programs provided for by law, 

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

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

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

regarding construction of a facility at the Suitland Federal Center, 

quarterly reports regarding the expenditure of funds and project 

planning, design and cost decisions shall be provided by the Bureau, in cooperation with the General Services Administration, to 

the Committees on Appropriations of the Senate and the House of 

Representatives: Provided further, That none of the funds provided 

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

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

70 

Federal Center: Provided further, That none of the funds provided 

in this or any other Act for any fiscal year may be used for the collection of Census data on race identification that does not include 

‘‘some other race’’ as a catagory. 

NATIONAL TELECOMMUNICATIONS AND INFORMATION

ADMINISTRATION

SALARIES AND EXPENSES

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

Telecommunications and Information Administration (NTIA), 

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

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

and such fees shall be retained and used as offsetting collections for 

costs of such spectrum services, to remain available until expended: 

Provided further, That the Secretary of Commerce is authorized to 

retain and use as offsetting collections all funds transferred, or previously transferred, from other Government agencies for all costs incurred in telecommunications research, engineering, and related activities by the Institute for Telecommunication Sciences of NTIA, in 

furtherance of its assigned functions under this paragraph, and 

such funds received from other Government agencies shall remain 

available until expended. 

PUBLIC TELECOMMUNICATIONS FACILITIES, PLANNING AND

CONSTRUCTION

For the administration of grants authorized by section 392 of the Communications Act of 1934, $21,769,000, to remain available 

until expended as authorized by section 391 of the Act: Provided, 

That not to exceed $2,000,000 shall be available for program administration as authorized by section 391 of the Act: Provided further, That, notwithstanding the provisions of section 391 of the Act, 

the prior year unobligated balances may be made available for 

grants for projects for which applications have been submitted and 

approved during any fiscal year. 

INFORMATION INFRASTRUCTURE GRANTS

For the administration of prior year grants, recoveries and unobligated balances of funds previously appropriated for grants are 

available only for the administration of all open grants until their 

expiration. 

UNITED STATES PATENT AND TRADEMARK OFFICE

SALARIES AND EXPENSES

For necessary expenses of the United States Patent and Trademark Office provided for by law, including defense of suits instituted against the Under Secretary of Commerce for Intellectual 

Property and Director of the United States Patent and Trademark 

Office, $1,336,000,000, to remain available until expended, which 

shall be derived from offsetting collections assessed and collected 

pursuant to 15 U.S.C. 1113 and 35 U.S.C. 41 and 376, and shall 

be retained and used for necessary expenses: Provided, That the 

71 

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 fulltime equivalents, 251 positions and $31,906,000 shall be for the Office of the General Counsel: Provided further, That of amounts 

made available under this heading, $20,000,000 shall only be available for initiatives to protect United States intellectual property 

overseas: Provided further, That from amounts provided herein, not 

to exceed $1,000 shall be made available in fiscal year 2005 for official reception and representation expenses: Provided further, That 

notwithstanding section 1353 of title 31, United States Code, no employee of the United States Patent and Trademark Office may accept payment or reimbursement from a non-Federal entity for travel, 

subsistence, or related expenses for the purpose of enabling an employee to attend and participate in a convention, conference, or 

meeting when the entity offering payment or reimbursement is a 

person or corporation subject to regulation by the Office, or represents a person or corporation subject to regulation by the Office, 

unless the person or corporation is an organization exempt from taxation pursuant to section 501(c)(3) of the Internal Revenue Code of 

1986. 

In addition, fees authorized by title VIII of this Act may be collected and credited to this account as offsetting collections: Provided, That not to exceed $218,754,000 derived from such offsetting 

collections shall be available until expended for authorized purposes: Provided further, That not less than 58 full-time equivalents, 

72 positions and $5,551,000 shall be for the examination of trademark applications; and not less than 378 full-time equivalents, 709 

positions and $106,986,000 shall be for the examination and searching of patent applications: Provided further, That not more than 20 

full-time equivalents, 20 positions and $4,955,000 shall be for the 

Office of the General Counsel: Provided further, That the total 

amount appropriated from fees collected in fiscal year 2005, including such increased fees, shall not exceed $1,574,754,000: Provided 

further, That in fiscal year 2005, from the amounts made available 

for ‘‘Salaries and Expenses’’ for the United States Patent and Trademark Office (PTO), the amounts necessary to pay (1) the difference 

between the percentage of basic pay contributed by the PTO and employees under section 8334(a) of title 5, United States Code, and the 

normal cost percentage (as defined by section 8331(17) of that title) 

of basic pay, of employees subject to subchapter III of chapter 83 of 

that title; and (2) the present value of the otherwise unfunded accruing costs, as determined by the Office of Personnel Management, of 

post-retirement life insurance and post-retirement health benefits 

coverage for all PTO employees, shall be transferred to the Civil 

Service Retirement and Disability Fund, the Employees Life Insurance Fund, and the Employees Health Benefits Fund, as approVerDate Aug 04 2004 07:33 Dec 01, 2004 Jkt 096906 PO 00000 Frm 00075 Fmt 6659 Sfmt 6603 E:\HR\OC\HR792.XXX HR792
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priate, and shall be available for the authorized purposes of those 

accounts. 

SCIENCE AND TECHNOLOGY 

TECHNOLOGY ADMINISTRATION

SALARIES AND EXPENSES

For necessary expenses for the Under Secretary for Technology 

Office of Technology Policy, $6,547,000: Provided, That section 8(a) 

of the Technology Administration Act of 1998 (15 U.S.C. 1511e(a)) 

is amended by deleting ‘‘Technology Administration of ’’ after ‘‘within the’’: Provided further, That $200,000 is for the World Congress 

on Information Technology. 

NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY

SCIENTIFIC AND TECHNICAL RESEARCH AND SERVICES

For necessary expenses of the National Institute of Standards 

and Technology, $383,892,000, to remain available until expended, 

of which not to exceed $2,900,000 may be transferred to the ‘‘Working Capital Fund’’. 

INDUSTRIAL TECHNOLOGY SERVICES

For necessary expenses of the Manufacturing Extension Partnership of the National Institute of Standards and Technology, 

$109,000,000, to remain available until expended: Provided, That 

the Secretary of Commerce shall not recompete any existing Manufacturing Extension Partnership Center prior to 2007: Provided further, That hereafter the Manufacturing Extension Partnership Program authorized under 15 U.S.C. 278k shall be renamed the Hollings Manufacturing Partnership Program and the centers established and receiving funding under 15 U.S.C. 278k paragraph (a) 

shall be named the Hollings Manufacturing Extension Centers. 

In addition, for necessary expenses of the Advanced Technology 

Program of the National Institute of Standards and Technology, 

$142,300,000, to remain available until expended. 

CONSTRUCTION OF RESEARCH FACILITIES

For construction of new research facilities, including architectural and engineering design, and for renovation and maintenance 

of existing facilities, not otherwise provided for the National Institute of Standards and Technology, as authorized by 15 U.S.C. 278c– 

278e, $73,500,000, to remain available until expended. 

NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION

OPERATIONS, RESEARCH, AND FACILITIES

(INCLUDING TRANSFER OF FUNDS)

For necessary expenses of activities authorized by law for the 

National Oceanic and Atmospheric Administration, including maintenance, operation, and hire of aircraft and vessels; grants, contracts, or other payments to nonprofit organizations for the purposes 

of conducting activities pursuant to cooperative agreements; and reVerDate Aug 04 2004 07:33 Dec 01, 2004 Jkt 096906 PO 00000 Frm 00076 Fmt 6659 Sfmt 6603 E:\HR\OC\HR792.XXX HR792
73 

location of facilities, $2,804,065,000, to remain available until September 30, 2006, except for funds provided for cooperative enforcement which shall remain available until September 30, 2007: Provided, That fees and donations received by the National Ocean 

Service for the management of national marine sanctuaries may be 

retained and used for the salaries and expenses associated with 

those activities, notwithstanding 31 U.S.C. 3302: Provided further, 

That in addition, $3,000,000 shall be derived by transfer from the 

fund entitled ‘‘Coastal Zone Management’’ and in addition 

$65,000,000 shall be derived by transfer from the fund entitled 

‘‘Promote and Develop Fishery Products and Research Pertaining to 

American Fisheries’’: Provided further, That of the $2,872,065,000 

provided for in direct obligations under this heading $2,804,065,000 

is appropriated from the General Fund: Provided further, That no 

general administrative charge shall be applied against an assigned 

activity included in this Act or the report accompanying this Act except for additional costs above the fiscal year 2004 level of 

$2,600,000 for automating and modernizing the NOAA grant processing systems up to a total of $5,000,000: Provided further, That 

the total amount available for the National Oceanic and Atmospheric Administration corporate services administrative support 

costs shall not exceed $171,530,000: Provided further, That payments of funds made available under this heading to the Department of Commerce Working Capital Fund including Department of 

Commerce General Counsel legal services shall not exceed 

$39,500,000: Provided further, That any deviation from the 

amounts designated for specific activities in the report accompanying this Act shall be subject to the procedures set forth in section 605 of this Act: Provided further, That grants to States pursuant to sections 306 and 306A of the Coastal Zone Management Act 

of 1972, as amended, shall not exceed $2,000,000, unless funds provided for ‘‘Coastal Zone Management Grants’’ exceed funds provided 

in the previous fiscal year: Provided further, That if funds provided 

for ‘‘Coastal Zone Management Grants’’ exceed funds provided in 

the previous fiscal year, then no State shall receive more than 5 percent or less than 1 percent of the additional funds: Provided further, 

That none of the funds under this heading are available to alter the 

existing structure, organization, function, and funding of the National Marine Fisheries Service Southwest Region and Fisheries 

Science Center and Northwest Region and Fisheries Science Center: 

Provided further, That notwithstanding any other provision of law, 

$600,000 shall be available only for the National Oceanic and Atmospheric Administration Office of Space Commercialization: Provided further, That the personnel management demonstration 

project established at the National Oceanic and Atmospheric Administration pursuant to 5 U.S.C. 4703 may be expanded by 3,500 

full-time positions to include up to 6,925 full-time positions and 

may be extended indefinitely: Provided further, That the Administrator of the National Oceanic and Atmospheric Administration 

may engage in formal and informal education activities, including 

primary and secondary education, related to the agency’s mission 

goals. 

In addition, for necessary retired pay expenses under the Retired Serviceman’s Family Protection and Survivor Benefits Plan, 

and for payments for the medical care of retired personnel and their 

74 

dependents under the Dependents Medical Care Act (10 U.S.C. ch. 

55), such sums as may be necessary. 

PROCUREMENT, ACQUISITION AND CONSTRUCTION

For procurement, acquisition and construction of capital assets, 

including alteration and modification costs, of the National Oceanic 

and Atmospheric Administration, $1,053,436,000 to remain available until September 30, 2007, except funds provided for construction of facilities which shall remain available until September 30, 

2009, and funds provided for the Honolulu Laboratory and the Marine Environmental Health Research Laboratory which shall remain available until expended: Provided, That of the amounts provided for the National Polar-orbiting Operational Environmental 

Satellite System, funds shall only be made available on a dollar for 

dollar matching basis with funds provided for the same purpose by 

the Department of Defense: Provided further, That except to the extent expressly prohibited by any other law, the Department of Defense may delegate procurement functions related to the National 

Polar-orbiting Operational Environmental Satellite System to officials of the Department of Commerce pursuant to section 2311 of 

title 10, United States Code: Provided further, That any deviation 

from the amounts designated for specific activities in the report accompanying this Act shall be subject to the procedures set forth in 

section 605 of this Act: Provided further, That none of the funds 

provided in this Act or any other Act under the heading ‘‘National 

Oceanic and Atmospheric Administration, Procurement, Acquisition 

and Construction’’ shall be used to fund the General Services Administration’s standard construction and tenant build-out costs of a 

facility at the Suitland Federal Center: Provided further, That beginning in fiscal year 2006 and for each fiscal year thereafter, the 

Secretary of Commerce shall include in the budget justification materials that the Secretary submits to Congress in support of the Department of Commerce budget (as submitted with the budget of the 

President under section 1105(a) of title 31, 10 United States Code) 

an estimate for each National Oceanic and Atmospheric Administration procurement, acquisition and construction program having 

a total multiyear program cost of more than $5,000,000 and simultaneously the budget justification materials shall include an estimate of the budgetary requirements for each such program for each 

of the five subsequent fiscal years. 

PACIFIC COASTAL SALMON RECOVERY

For necessary expenses associated with the restoration of Pacific 

salmon populations, $90,000,000: Provided, That section 628(2)(A) 

of the Departments of Commerce, Justice, and State, the Judiciary, 

and Related Agencies Appropriations Act, 2001 (16 U.S.C. 3645) is 

amended— 

(1) by striking ‘‘2000, 2001, 2002, and 2003’’ and inserting 

‘‘2005’’, and 

(2) by inserting ‘‘Idaho,’’ after ‘‘Oregon,’’. 

COASTAL ZONE MANAGEMENT FUND

Of amounts collected pursuant to section 308 of the Coastal 

Zone Management Act of 1972 (16 U.S.C. 1456a), not to exceed 

75 

$3,000,000 shall be transferred to the ‘‘Operations, Research, and 

Facilities’’ account to offset the costs of implementing such Act. 

FISHERMEN’S CONTINGENCY FUND

For carrying out the provisions of title IV of Public Law 95– 

372, not to exceed $499,000, to be derived from receipts collected 

pursuant to that Act, to remain available until expended. 

FISHERIES FINANCE PROGRAM ACCOUNT

For the costs of direct loans, $287,000, as authorized by the 

Merchant Marine Act of 1936: Provided, That such costs, including 

the cost of modifying such loans, shall be as defined in the Federal 

Credit Reform Act of 1990: Provided further, That these funds are 

only available to subsidize gross obligations for the principal 

amount of direct loans not to exceed $5,000,000 for Individual Fishing Quota loans, and not to exceed $59,000,000 for traditional direct loans, of which $40,000,000 may be used for direct loans to the 

United States distant water tuna fleet, and of which $19,000,000 

may be used for direct loans to the United States menhaden fishery: 

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

heading may be used for direct loans for any new fishing vessel that 

will increase the harvesting capacity in any United States fishery. 

OTHER 

DEPARTMENTAL MANAGEMENT

SALARIES AND EXPENSES

For expenses necessary for the departmental management of the 

Department of Commerce provided for by law, including not to exceed $5,000 for official entertainment, $48,109,000: Provided, That 

not to exceed 12 full-time equivalents and $1,621,000 shall be expended for the legislative affairs function of the Department. 

UNITED STATES TRAVEL AND TOURISM PROMOTION

For necessary expenses of the United States Travel and Tourism 

Promotion Program, as authorized by section 210 of Public Law 

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

grants, contracts, cooperative agreements and related costs, 

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

OFFICE OF INSPECTOR GENERAL

For necessary expenses of the Office of Inspector General in carrying out the provisions of the Inspector General Act of 1978 (5 

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

GENERAL PROVISIONS—DEPARTMENT OF COMMERCE

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

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

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

prescribed by the Act, and, notwithstanding 31 U.S.C. 3324, may be 

used for advanced payments not otherwise authorized only upon the 

76 

certification of officials designated by the Secretary of Commerce 

that such payments are in the public interest. 

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

available to the Department of Commerce by this Act for salaries 

and expenses shall be available for hire of passenger motor vehicles 

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

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

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

available for the current fiscal year for the Department of Commerce 

in this Act may be transferred between such appropriations, but no 

such appropriation shall be increased by more than 10 percent by 

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

section shall be treated as a reprogramming of funds under section 

605 of this Act and shall not be available for obligation or expenditure except in compliance with the procedures set forth in that section: Provided further, That the Secretary of Commerce shall notify 

the Committees on Appropriations at least 15 days in advance of the 

acquisition or disposal of any capital asset (including land, structures, and equipment) not specifically provided for in this or any 

other Departments of Commerce, Justice, and State, the Judiciary, 

and Related Agencies Appropriations Act. 

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

under this title resulting from personnel actions taken in response 

to funding reductions included in this title or from actions taken for 

the care and protection of loan collateral or grant property shall be 

absorbed within the total budgetary resources available to such department or agency: Provided, That the authority to transfer funds 

between appropriations accounts as may be necessary to carry out 

this section is provided in addition to authorities included elsewhere 

in this Act: Provided further, That use of funds to carry out this section shall be treated as a reprogramming of funds under section 605 

of this Act and shall not be available for obligation or expenditure 

except in compliance with the procedures set forth in that section. 

SEC. 205. Hereafter, none of the funds made available by this 

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

to reimburse the Unemployment Trust Fund or any other fund or 

account of the Treasury to pay for any expenses authorized by section 8501 of title 5, United States Code, for services performed by 

individuals appointed to temporary positions within the Bureau of 

the Census for purposes relating to the decennial censuses of population. 

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

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

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

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

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

Board’’) shall be a nonprofit organization and not an agency or establishment of the United States, (2) the Secretary may appoint, assign, or otherwise designate as Executive Director an employee of 

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

in such position, with or without reimbursement, and such appointment or assignment shall be without interruption or loss of civil 

77 

service status or privilege, and (3) the Board may adopt bylaws consistent with the purposes of this section, and may undertake other 

acts necessary to carry out the provisions of this section. 

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

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

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

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

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

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

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

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

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

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

or accepted by any partner may be used to offset all or portions of 

its costs, including overhead, without regard to 31 U.S.C. section 

143302(b); to reimburse other participating agencies for all or portions of their costs; and to fund research and facilities expansion. 

Funds for management and operation of the Laboratory may be 

used to sustain basic laboratory operations for all participating entities. The Secretary of Commerce is authorized to charge fees and 

enter into contracts, grants, cooperative agreements and other arrangements with Federal, State, private entities, and other entities, 

domestic and foreign, to further the mission of the Laboratory. Any 

funds collected from such fees or arrangements shall be used to support cooperative research, basic operations, and facilities enhancement at the Laboratory. 

SEC. 208. Funds made available for salaries and administrative expenses to administer the Emergency Steel Loan Guarantee 

Program in section 211(b) of Public Law 108–199 shall remain 

available until expended. 

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

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

and 1112 of title XI of the Merchant Marine Act of 1936 (46 U.S.C. 

App. 1279f and 1279g) subject to the conditions of this section. In 

accordance with the Federal Credit Reform Act of 1990, 2 U.S.C. 

§ 661 et seq., $500,000 is made available from funds appropriated 

for ‘‘Pacific Coastal Salmon Recovery’’ in this Act for the cost of the 

loan authorized by this section. The loan shall have a term of 30 

years, except that the amount to be repaid in any one year shall not 

exceed 2 percent of the total value of salmon landed in the fishery 

and such repayment shall begin with salmon landed after January 

1, 2006. 

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

adding ‘‘(7) The Coordinator for International Intellectual Property 

Enforcement.’’ after ‘‘Under Secretary of Commerce for International 

Trade.’’. 

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

amounts made available elsewhere in this title to the ‘‘National Institute of Standards and Technology, Construction of Research Facilities’’, $20,000,000 is for a cooperative agreement with the MedVerDate Aug 04 2004 07:33 Dec 01, 2004 Jkt 096906 PO 00000 Frm 00081 Fmt 6659 Sfmt 6603 E:\HR\OC\HR792.XXX HR792
78 

ical 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 SCHOL- ARSHIP PROGRAM. (a) ESTABLISHMENT.—The Administrator of the 

National Oceanic and Atmospheric Administration shall establish 

and administer the Ernest F. Hollings Scholarship Program. Under 

the program, the Administrator shall award scholarships in oceanic 

and atmospheric science, research, technology, and education to be 

known as Ernest F. Hollings Scholarships. 

(b) PURPOSES.—The purposes of the Ernest F. Hollings Scholarships Program are— 

(1) to increase undergraduate training in oceanic and atmospheric science, research, technology, and education and foster multidisciplinary training opportunities; 

(2) to increase public understanding and support for stewardship of the ocean and atmosphere and improve environmental literacy; and 

(3) to recruit and prepare students for public service careers 

with the National Oceanic and Atmospheric Administration 

and other natural resource and science agencies at the Federal, 

State and Local levels of government; and 

(4) to recruit and prepare students for careers as teachers 

and educators in oceanic and atmospheric science and to improve scientific and environmental education in the United 

States. 

(c) AWARD.—Each Ernest F. Hollings Scholarship— 

(1) shall be used to support undergraduate studies in oceanic and atmospheric science, research, technology, and education that support the purposes of the programs and missions 

of the National Oceanic and Atmospheric Administration; 

(2) shall recognize outstanding scholarship and ability; 

(3) shall promote participation by groups underrepresented 

in oceanic and atmospheric science and technology; and 

(4) shall be awarded competitively in accordance with 

guidelines issued by the Administrator and published in the 

Federal Register. 

(d) ELIGIBILITY.—In order to be eligible to participate in the 

program, an individual must— 

79 

(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 one percent 

of such appropriations. 

(g) SCHOLARSHIP REPAYMENT REQUIREMENT.—The Administrator shall require an individual receiving a scholarship under this 

section to repay the full amount of the scholarship to the National 

Oceanic and Atmospheric Administration if the Administrator determines that the individual, in obtaining or using the scholarship, 

engaged in fraudulent conduct or failed to comply with any term or 

condition of the scholarship. Such repayments shall be deposited in 

the NOAA Operations, Research, and Facilities Appropriations Account and treated as an offsetting collection and only be available 

for financing additional scholarships. 

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

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

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

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

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

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

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

National Marine Sanctuaries Foundation to capitalize a fund for 

ocean activities. 

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

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

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

Gulf of Mexico Reef Fish Fishery Management Plan principally intended for commercial long line vessels is authorized to be financed 

through a capacity reduction loan of $35,000,000 pursuant to sections 1111 and 1112 of title XI of the Merchant Marine Act of 1936 

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

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

(2 U.S.C. SEC. 661 et seq.), $350,000 is hereby appropriated for the 

subsidy cost of the loan authorized under this section and shall remain available until expended. The Secretary of Commerce, working 

in close coordination with active fishery participants, is hereby auVerDate Aug 04 2004 07:33 Dec 01, 2004 Jkt 096906 PO 00000 Frm 00083 Fmt 6659 Sfmt 6603 E:\HR\OC\HR792.XXX HR792
80 

thorized to design and implement a comprehensive voluntary capacity reduction program using the loan authorized under this section. 

The Secretary shall set the loan term at 35 years and repayment 

shall begin within one year of final implementation of the program. 

In addition to the authority of the Gulf of Mexico Regional Fishery 

Management Council to develop and recommend conservation and 

management measures for the Gulf of Mexico reef fish fishery, the 

Secretary of Commerce is authorized to develop and implement a 

limited access program pursuant to the standards set forth in Section 303(b)(6) of the Magnuson-Stevens Fishery Conservation and 

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

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

(1) AFA TRAWL CATCHER PROCESSOR SUBSECTOR.—The 

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

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

of section 208(e) of the American Fisheries Act (16 U.S.C. 1851 

note). 

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

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

section 679.2 of title 50, Code of Federal Regulations (or successor regulation). 

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

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

(A) The longline catcher processor subsector. 

(B) The AFA trawl catcher processor subsector. 

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

(D) The pot catcher processor subsector. 

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

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

of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1852(a)(1)(G)). 

(5) LLP LICENSE.—The term ‘‘LLP license’’ means a Federal 

License Limitation program groundfish license issued pursuant 

to section 679.4(k) of title 50, Code of Federal Regulations (or 

successor regulation). 

(6) LONGLINE CATCHER PROCESSOR SUBSECTOR.—The term 

‘‘longline catcher processor subsector’’ means the holders of an 

LLP license that is noninterim and transferable, or that is interim and subsequently becomes noninterim and transferable, 

and that is endorsed for Bering Sea or Aleutian Islands catcher 

processor fishing activity, C/P, Pcod, and hook and line gear. 

(7) NON-AFA TRAWL CATCHER PROCESSOR SUBSECTOR.—The 

term ‘‘non-AFA trawl catcher processor subsector’’ means the 

owner of each trawl catcher processor— 

(A) that is not an AFA trawl catcher processor; 

(B) to whom a valid LLP license that is endorsed for 

Bering Sea or Aleutian Islands trawl catcher processor 

fishing activity has been issued; and 

(C) that the Secretary determines has harvested with 

trawl gear and processed not less than a total of 150 metric 

tons of non-pollock groundfish during the period January 

1, 1997 through December 31, 2002. 

(8) NON-POLLOCK GROUNDFISH FISHERY.—The term ‘‘nonpollock groundfish fishery’’ means target species of Atka mackVerDate Aug 04 2004 07:33 Dec 01, 2004 Jkt 096906 PO 00000 Frm 00084 Fmt 6659 Sfmt 6603 E:\HR\OC\HR792.XXX HR792
81 

erel, flathead sole, Pacific cod, Pacific Ocean perch, rock sole, 

turbot, or yellowfin sole harvested in the BSAI. 

(9) POT CATCHER PROCESSOR SUBSECTOR.—The term ‘‘pot 

catcher processor subsector’’ means the holders of an LLP license that is noninterim and transferable, or that is interim 

and subsequently becomes noninterim and transferable, and 

that is endorsed for Bering Sea or Aleutian Islands catcher 

processor fishing activity, C/P, Pcod, and pot gear. 

(10) SECRETARY.—Except as otherwise provided in this Act, 

the term ‘‘Secretary’’ means the Secretary of Commerce. 

(b) AUTHORITY FOR BSAI CATCHER PROCESSOR CAPACITY REDUCTION PROGRAM.— 

(1) IN GENERAL.—A fishing capacity reduction program for 

the non-pollock groundfish fishery in the BSAI is authorized to 

be financed through a capacity reduction loan of not more than 

$75,000,000 under sections 1111 and 1112 of the Merchant Marine Act, 1936 (46 U.S.C. App. 1279f and 1279g). 

(2) RELATIONSHIP TO MERCHANT MARINE ACT, 1936.—The 

fishing capacity reduction program authorized by paragraph (1) 

shall be a program for the purposes of subsection (e) of section 

1111 of the Merchant Marine Act, 1936 (46 U.S.C. App. 1279f), 

except, notwithstanding subsection (b)(4) of such section, the capacity reduction loan authorized by paragraph (1) may have a 

maturity not to exceed 30 years. 

(c) AVAILABILITY OF CAPACITY REDUCTION FUNDS TO CATCHER

PROCESSOR SUBSECTORS.— 

(1) IN GENERAL.—The Secretary shall make available the 

amounts of the capacity reduction loan authorized by subsection 

(b)(1) to each catcher processor subsector as described in this 

subsection. 

(2) INITIAL AVAILABILITY OF FUNDS.—The Secretary shall 

make available the amounts of the capacity reduction loan authorized by subsection (b)(1) as follows: 

(A) Not more than $36,000,000 for the longline catcher 

processor subsector. 

(B) Not more than $6,000,000 for the AFA trawl catcher processor subsector. 

(C) Not more than $31,000,000 for the non-AFA trawl 

catcher processor subsector. 

(D) Not more than $2,000,000 for the pot catcher processor subsector. 

(3) OTHER AVAILABILITY OF FUNDS.—After January 1, 2009, 

the Secretary may make available for fishing capacity reduction 

to one or more of the catcher processor subsectors any amounts 

of the capacity reduction loan authorized by subsection (b)(1) 

that have not been expended by that date. 

(d) BINDING REDUCTION CONTRACTS.— 

(1) REQUIREMENT FOR CONTRACTS.—The Secretary may not 

provide funds to a person under the fishing capacity reduction 

program authorized by subsection (b) if such person does not 

enter into a binding reduction contract between the United 

States and such person, the performance of which may only be 

subject to the approval of an appropriate capacity reduction 

plan under subsection (e). 

82 

(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 exvessel value of fish harvested; 

(C) does not require a bidding or auction process; 

(D) will result in the maximum sustained reduction in 

fishing capacity at the least cost and in the minimum 

amount of time; and 

(E) permits vessels in the catcher processor subsector to 

be upgraded to achieve efficiencies in fishing operations 

provided that such upgrades do not result in the vessel exceeding the applicable length, tonnage, or horsepower limitations set out in Federal law or regulation. 

(3) APPROVAL BY REFERENDUM.— (A) IN GENERAL.—Following approval by the Secretary 

under paragraph (2), the Secretary shall conduct a referendum for approval of a capacity reduction plan for the 

appropriate catcher processor subsector. The capacity reduction plan and fee system shall be approved if the referendum votes which are cast in favor of the proposed system by the appropriate catcher processor subsector are— 

(i) 100 percent of the members of the AFA trawl 

catcher processor subsector; or 

(ii) not less than 2⁄3 of the members of— 

(I) the longline catcher processor subsector; 

(II) the non-AFA trawl catcher processor subsector; or 

(III) the pot catcher processor subsector. 

(B) NOTIFICATION PRIOR TO REFERENDUM.—Prior to 

conducting a referendum under subparagraph (A) for a capacity reduction plan, the Secretary shall— 

83 

(i) identify, to the extent practicable, and notify the 

catcher processor subsector that will be affected by such 

plan; and 

(ii) make available to such subsector information 

about any industry fee system contained in such plan, 

a description of the schedule, procedures, and eligibility requirements for the referendum, the proposed 

program, the estimated capacity reduction, the amount 

and duration, and any other terms and conditions of 

the fee system proposed in such plan. 

(4) IMPLEMENTATION.— 

(A) NOTICE OF IMPLEMENTATION.—Not later than 90 

days after a capacity reduction plan is approved by a referendum under paragraph (3), the Secretary shall publish 

a notice in the Federal Register that includes the exact 

terms and conditions under which the Secretary shall implement the fishing capacity reduction program authorized 

by subsection (b). 

(B) INAPPLICABILITY OF IMPLEMENTATION PROVISION OF

MAGNUSON.—Section 312(e) of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1861a(e)) 

shall not apply to a capacity reduction plan approved 

under this subsection. 

(5) AUTHORITY TO COLLECT FEES.—The Secretary is authorized to collect fees to fund a fishing capacity reduction program 

and to repay debt obligations incurred pursuant to a plan approved under paragraph (3)(A). 

(f) ACTION BY OTHER ENTITIES.—Upon the request of the Secretary, the Secretary of the Department in which the National Vessel 

Documentation Center operates or the Secretary of the Department 

in which the Maritime Administration operates, as appropriate, 

shall, with respect to any vessel or any vessel named on an LLP license purchased through the fishing capacity reduction program authorized by subsection (b)— 

(1)(A) permanently revoke any fishery endorsement issued 

to the vessel under section 12108 of title 46, United States Code; 

(B) refuse to grant the approval required under section 

9(c)(2) of the Shipping Act, 1916 (46 U.S.C. App. 808(c)(2)) for 

the placement of the vessel under foreign registry or the operation of the vessel under the authority of a foreign country; and 

(C) require that the vessel operate under United States flag 

and remain under Federal documentation; or 

(2) require that the vessel be scrapped as a reduction vessel 

under section 600.1011(c) of title 50, Code of Federal Regulations. 

(g) NON-POLLOCK GROUNDFISH FISHERY.— 

(1) PARTICIPATION IN THE FISHERY.—Only a member of a 

catcher processor subsector may participate in— 

(A) the catcher processor sector of the BSAI non-pollock 

groundfish fishery; or 

(B) the fishing capacity reduction program authorized 

by subsection (b). 

(2) PLANS FOR THE FISHERY.—It is the sense of Congress 

that— 

84 

(A) the Council should continue on its path toward rationalization of the BSAI non-pollock groundfish fisheries, 

complete its ongoing work with respect to developing management plans for the BSAI non-pollock groundfish fisheries in a timely manner, and take actions that promote 

stability of these fisheries consistent with the goals of this 

section and the purposes and policies of the Magnuson-Stevens Fishery Conservation and Management Act; and 

(B) such plans should not penalize members of any 

catcher processor subsector for achieving capacity reduction 

under this Act or any other provision of law. 

(h) REPORTS.— 

(1) REQUIREMENT.—The Secretary shall submit to the Committee on Commerce, Science, and Transportation of the Senate 

and the Committee on Resources of the House of Representatives 

5 reports on the fishing capacity reduction program authorized 

by subsection (b). 

(2) CONTENT.—Each report shall contain the following: 

(A) A description of the fishing capacity reduction program carried out under the authority in subsection (b). 

(B) An evaluation of the cost and cost-effectiveness of 

such program. 

(C) An evaluation of the effectiveness of such program 

in achieving the objective set out in section 312(b) of the 

Magnuson-Stevens Fishery Conservation and Management 

Act (16 U.S.C. 1861a(b)). 

(3) SCHEDULE.— (A) INITIAL REPORT.—The Secretary shall submit the 

first report under paragraph (1) not later than 90 days 

after the date that the first referendum referred to in subsection (e)(3) is held. 

(B) SUBSEQUENT REPORTS.—During each of the 4 years 

after the year in which the report is submitted under subparagraph (A), the Secretary shall submit to Congress an 

annual report as described in this subsection. 

(i) CONFORMING AMENDMENT.—Section 214 of the Department 

of Commerce and Related Agencies Appropriations Act, 2004 (title 

II of division B of Public Law 108–199; 118 Stat. 75) is amended 

by striking ‘‘that—’’ and all that follows, and inserting ‘‘under the 

capacity reduction program authorized in section 219 of the Departments of Commerce, Justice, and State, the Judiciary, and Related 

Agencies Appropriations Act, 2005.’’. 

SEC. 220. None of the funds appropriated in this Act or any 

other Act may be used to disqualify any community which was a 

participant in the Bering Sea Community Development Quota program on January 1, 2004, from continuing to receive quota allocations under that program. 

SEC. 221. In addition to amounts made available under section 

214 of the Department of Commerce and Related Agencies Appropriations Act, 2004 (title II of division B of Public Law 108–199; 

118 Stat. 75), of the funding provided in this Act under the heading 

‘‘NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION’’, ‘‘OPER- ATIONS, 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, 

85 

1936 (46 U.S.C. App. 1279f and 1279g), not to exceed an additional 

$25,000,000 in principal, for the capacity reduction program authorized in section 219. 

This title may be cited as the ‘‘Department of Commerce and 

Related Agencies Appropriations Act, 2005’’. 

TITLE III—THE JUDICIARY 

SUPREME COURT OF THE UNITED STATES

SALARIES AND EXPENSES

For expenses necessary for the operation of the Supreme Court, 

as required by law, excluding care of the building and grounds, including purchase or hire, driving, maintenance, and operation of an 

automobile for the Chief Justice, not to exceed $10,000 for the purpose of transporting Associate Justices, and hire of passenger motor 

vehicles as authorized by 31 U.S.C. 1343 and 1344; not to exceed 

$10,000 for official reception and representation expenses; and for 

miscellaneous expenses, to be expended as the Chief Justice may approve, $58,122,000. 

CARE OF THE BUILDING AND GROUNDS

For such expenditures as may be necessary to enable the Architect of the Capitol to carry out the duties imposed upon the Architect 

by the Act approved May 7, 1934 (40 U.S.C. 13a–13b), $9,979,000, 

which shall remain available until expended. 

UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT

SALARIES AND EXPENSES

For salaries of the chief judge, judges, and other officers and 

employees, and for necessary expenses of the court, as authorized by 

law, $21,780,000. 

UNITED STATES COURT OF INTERNATIONAL TRADE

SALARIES AND EXPENSES

For salaries of the chief judge and eight judges, salaries of the 

officers and employees of the court, services, and necessary expenses 

of the court, as authorized by law, $14,888,000. 

COURTS OF APPEALS, DISTRICT COURTS, AND OTHER JUDICIAL

SERVICES

SALARIES AND EXPENSES

For the salaries of circuit and district judges (including judges 

of the territorial courts of the United States), justices and judges retired from office or from regular active service, judges of the United 

States Court of Federal Claims, bankruptcy judges, magistrate 

judges, and all other officers and employees of the Federal Judiciary 

not otherwise specifically provided for, and necessary expenses of the 

courts, as authorized by law, $4,177,244,000 (including the purchase of firearms and ammunition); of which not to exceed 

$27,817,000 shall remain available until expended for space alteration projects and for furniture and furnishings related to new 

86 

space alteration and construction projects; of which not to exceed 

$2,800,000 shall be available for a national probation and pretrial 

services training program; of which $1,300,000 of the funds provided for the Judiciary Information Technology Fund will be for the 

Edwin L. Nelson Local Initiatives Program, within which 

$1,000,000 will be reserved for local court grants. 

In addition, for expenses of the United States Court of Federal 

Claims associated with processing cases under the National Childhood Vaccine Injury Act of 1986, not to exceed $3,298,000, to be appropriated from the Vaccine Injury Compensation Trust Fund. 

DEFENDER SERVICES

For the operation of Federal Defender organizations; the compensation and reimbursement of expenses of attorneys appointed to 

represent persons under the Criminal Justice Act of 1964; the compensation and reimbursement of expenses of persons furnishing investigative, expert and other services under the Criminal Justice Act 

of 1964 (18 U.S.C. 3006A(e)); the compensation (in accordance with 

Criminal Justice Act maximums) and reimbursement of expenses of 

attorneys appointed to assist the court in criminal cases where the 

defendant has waived representation by counsel; the compensation 

and reimbursement of travel expenses of guardians ad litem acting 

on behalf of financially eligible minor or incompetent offenders in 

connection with transfers from the United States to foreign countries 

with which the United States has a treaty for the execution of penal 

sentences; the compensation of attorneys appointed to represent jurors in civil actions for the protection of their employment, as authorized by 28 U.S.C. 1875(d); and for necessary training and general administrative expenses, $676,385,000, to remain available 

until expended. 

FEES OF JURORS AND COMMISSIONERS

For fees and expenses of jurors as authorized by 28 U.S.C. 1871 

and 1876; compensation of jury commissioners as authorized by 28 

U.S.C. 1863; and compensation of commissioners appointed in condemnation cases pursuant to rule 71A(h) of the Federal Rules of 

Civil Procedure (28 U.S.C. Appendix Rule 71A(h)), $61,535,000, to 

remain available until expended: Provided, That the compensation 

of land commissioners shall not exceed the daily equivalent of the 

highest rate payable under section 5332 of title 5, United States 

Code. 

COURT SECURITY

For necessary expenses, not otherwise provided for, incident to 

providing protective guard services for United States courthouses 

and other facilities housing Federal court operations, and the procurement, installation, and maintenance of security equipment for 

United States courthouses and other facilities housing Federal court 

operations, including building ingress-egress control, inspection of 

mail and packages, directed security patrols, perimeter security, 

basic security services provided by the Department of Homeland Security, and other similar activities as authorized by section 1010 of 

the Judicial Improvement and Access to Justice Act (Public Law 

100–702), $332,000,000, of which not to exceed $10,000,000 shall reVerDate Aug 04 2004 07:33 Dec 01, 2004 Jkt 096906 PO 00000 Frm 00090 Fmt 6659 Sfmt 6603 E:\HR\OC\HR792.XXX HR792
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main 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 au- thorized 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 au- thorized by 28 U.S.C. 377(o), $32,000,000; to the Judicial Survivors’ 

Annuities Fund, as authorized by 28 U.S.C. 376(c), $2,000,000; and 

to the United States Court of Federal Claims Judges’ Retirement 

Fund, as authorized by 28 U.S.C. 178(l), $2,700,000. 

UNITED STATES SENTENCING COMMISSION

SALARIES AND EXPENSES

For the salaries and expenses necessary to carry out the 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 CommisVerDate Aug 04 2004 07:33 Dec 01, 2004 Jkt 096906 PO 00000 Frm 00091 Fmt 6659 Sfmt 6603 E:\HR\OC\HR792.XXX HR792
88 

sioners’’, shall be increased by more than 10 percent by any such 

transfers: Provided, That any transfer pursuant to this section shall 

be treated as a reprogramming of funds under section 605 of this 

Act and shall not be available for obligation or expenditure except 

in compliance with the procedures set forth in that section. 

SEC. 303. Notwithstanding any other provision of law, the salaries and expenses appropriation for Courts of Appeals, District 

Courts, and Other Judicial Services shall be available for official 

reception and representation expenses of the Judicial Conference of 

the United States: Provided, That such available funds shall not exceed $11,000 and shall be administered by the Director of the Administrative Office of the United States Courts in the capacity as 

Secretary of the Judicial Conference. 

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

Code, is amended— 

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

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

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

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

‘‘1,500’’; and 

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

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

(1) in paragraph (2)— 

(A) in subparagraph (A), by striking ‘‘300’’ and inserting ‘‘500’’; and 

(B) in subparagraph (B), by striking ‘‘300’’ and inserting ‘‘500’’; and 

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

and inserting ‘‘1,600’’. 

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

Appropriations a comprehensive financial plan for the Judiciary allocating all sources of available funds including appropriations, fee 

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

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

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

United States are authorized during fiscal year 2005, to receive a 

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

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

amended by striking out ‘‘$150’’ and inserting in lieu thereof ‘‘$250’’. 

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

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

lieu thereof ‘‘$190’’; and 

(2) in subsection (b)— 

(A) by striking out ‘‘$150’’ and inserting in lieu thereof 

‘‘$250’’; and 

(B) by striking out ‘‘$90’’ and inserting in lieu thereof ‘‘$190’’. 

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

enactment of this Act. 

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

be collected for the processing of violations through the Central VioVerDate Aug 04 2004 07:33 Dec 01, 2004 Jkt 096906 PO 00000 Frm 00092 Fmt 6659 Sfmt 6603 E:\HR\OC\HR792.XXX HR792
89 

lations 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 fulltime equivalent employees into or out of the Bureau of Legislative 

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

under this heading, not to exceed $4,000,000 may be transferred to, 

and merged with, funds in the ‘‘Emergencies in the Diplomatic and 

Consular Service’’ appropriations account, to be available only for 

emergency evacuations and terrorism rewards: Provided further, 

That, of the amount made available under this heading, 

$319,994,000 shall be available only for public diplomacy international information programs: Provided further, That of the 

amount made available under this heading, $3,000,000 shall be 

available only for the operations of the Office on Right-Sizing the 

United States Government Overseas Presence: Provided further, 

That funds available under this heading may be available for a 

United States Government interagency task force to examine, coordinate and oversee United States participation in the United Nations 

headquarters renovation project: Provided further, That no funds 

may be obligated or expended for processing licenses for the export 

of satellites of United States origin (including commercial satellites 

and satellite components) to the People’s Republic of China unless, 

at least 15 days in advance, the Committees on Appropriations of 

the House of Representatives and the Senate are notified of such 

proposed action: Provided further, That of the amount made available under this heading, $185,128,000 is for Near Eastern Affairs, 

$80,234,000 is for South Asian Affairs, and $251,706,000 is for African Affairs: Provided further, That, of the amount made available 

under this heading, $2,000,000 shall be available for a grant to conVerDate Aug 04 2004 07:33 Dec 01, 2004 Jkt 096906 PO 00000 Frm 00093 Fmt 6659 Sfmt 6603 E:\HR\OC\HR792.XXX HR792
90 

duct an international conference on the human rights situation in 

North Korea: Provided further, That of the amount made available 

under this heading, $200,000 is for a grant to the Center for the 

Study of the Presidency and $1,900,000 is for a grant to Shared 

Hope International to combat international sex tourism: Provided 

further, That the Intellectual Property Division shall be elevated to 

office-level status and shall be renamed the Office of International 

Intellectual Property Enforcement within 60 days of enactment of 

this Act. 

In addition, not to exceed $1,426,000 shall be derived from fees 

collected from other executive agencies for lease or use of facilities 

located at the International Center in accordance with section 4 of 

the International Center Act; in addition, as authorized by section 

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

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

in addition, as authorized by section 810 of the United States Information and Educational Exchange Act, not to exceed $6,000,000, to 

remain available until expended, may be credited to this appropriation from fees or other payments received from English teaching, library, motion pictures, and publication programs and from fees 

from educational advising and counseling and exchange visitor programs; and, in addition, not to exceed $15,000, which shall be derived from reimbursements, surcharges, and fees for use of Blair 

House facilities. 

In addition, for the costs of worldwide security upgrades, 

$658,702,000, to remain available until expended: Provided, That of 

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

for the Center for Antiterrorism and Security Training. 

Beginning in fiscal year 2005 and thereafter, the Secretary of 

State is authorized to charge surcharges related to consular services 

in support of enhanced border security that are in addition to the 

passport and immigrant visa fees in effect on January 1, 2004: Provided, That funds collected pursuant to this authority shall be credited to this account, and shall be available until expended for the 

purposes of such account: Provided further, That such surcharges 

shall be $12 on passport fees, and $45 on immigrant visa fees. 

CAPITAL INVESTMENT FUND

For necessary expenses of the Capital Investment Fund, 

$52,149,000, to remain available until expended, as authorized: Provided, That section 135(e) of Public Law 103–236 shall not apply 

to funds available under this heading. 

CENTRALIZED INFORMATION TECHNOLOGY MODERNIZATION PROGRAM

For expenses relating to the modernization of the information 

technology systems and networks of the Department of State, 

$77,851,000, to remain available until expended. 

OFFICE OF INSPECTOR GENERAL

For necessary expenses of the Office of Inspector General, 

$30,435,000, notwithstanding section 209(a)(1) of the Foreign Service Act of 1980 (Public Law 96–465), as it relates to post inspections. 

91 

EDUCATIONAL AND CULTURAL EXCHANGE PROGRAMS

For expenses of educational and cultural exchange programs, as 

authorized, $360,750,000, to remain available until expended: Provided, That not to exceed $2,000,000, to remain available until expended, may be credited to this appropriation from fees or other 

payments received from or in connection with English teaching, educational advising and counseling programs, and exchange visitor 

programs as authorized. 

REPRESENTATION ALLOWANCES

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

PROTECTION OF FOREIGN MISSIONS AND OFFICIALS

For expenses, not otherwise provided, to enable the Secretary of 

State to provide for extraordinary protective services, as authorized, 

$9,894,000, to remain available until September 30, 2006. 

EMBASSY SECURITY, CONSTRUCTION, AND MAINTENANCE

For necessary expenses for carrying out the Foreign Service 

Buildings Act of 1926 (22 U.S.C. 292–303), preserving, maintaining, 

repairing, and planning for buildings that are owned or directly 

leased by the Department of State, renovating, in addition to funds 

otherwise available, the Harry S Truman Building, and carrying 

out the Diplomatic Security Construction Program as authorized, 

$611,680,000, to remain available until expended as authorized, of 

which not to exceed $25,000 may be used for domestic and overseas 

representation as authorized: Provided, That none of the funds appropriated in this paragraph shall be available for acquisition of 

furniture, furnishings, or generators for other departments and 

agencies: Provided further, That the United States Embassy Annex 

building in Rome, Italy, previously known as the ‘‘INA Building’’, 

shall hereafter be known and designated as the ‘‘Mel Sembler Building’’. 

In addition, for the costs of worldwide security upgrades, acquisition, and construction as authorized, $912,320,000, to remain 

available until expended: Provided, That funds appropriated to this 

account in Public Law 108–287 may also be used for non-interim 

facilities for the United States Mission in Iraq, including associated 

planning, site preparation and pre-construction activities. 

EMERGENCIES IN THE DIPLOMATIC AND CONSULAR SERVICE

For expenses necessary to enable the Secretary of State to meet 

unforeseen emergencies arising in the Diplomatic and Consular 

Service, $1,000,000, to remain available until expended as authorized, of which such sums as necessary may be transferred to and 

merged with the Repatriation Loans Program Account, subject to 

the same terms and conditions: Provided, That funds previously appropriated under this heading for rewards for an indictee of the 

Special Court for Sierra Leone shall be transferred to the Special 

Court for Sierra Leone within 15 days of enactment of this Act: Provided further, That any transfer of funds provided under this heading shall be treated as a reprogramming of funds under section 605 

of this Act. 

92 

REPATRIATION LOANS PROGRAM ACCOUNT

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

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

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

1974. In addition, for administrative expenses necessary to carry out 

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

merged with the Diplomatic and Consular Programs account under 

Administration of Foreign Affairs. 

PAYMENT TO THE AMERICAN INSTITUTE IN TAIWAN

For necessary expenses to carry out the Taiwan Relations Act 

(Public Law 96–8), $19,482,000. 

PAYMENT TO THE FOREIGN SERVICE RETIREMENT AND DISABILITY

FUND

For payment to the Foreign Service Retirement and Disability 

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

INTERNATIONAL ORGANIZATIONS

CONTRIBUTIONS TO INTERNATIONAL ORGANIZATIONS

For expenses, not otherwise provided for, necessary to meet annual obligations of membership in international multilateral organizations, pursuant to treaties ratified pursuant to the advice and 

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

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

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

Nations for the cost of renovating its headquarters in New York: 

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

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

Act of 1974: Provided further, That these funds are available to subsidize total loan principal of up to $1,200,000,000: Provided further, 

That the Secretary of State shall, at the time of the submission of 

the President’s budget to Congress under section 1105(a) of title 31, 

United States Code, transmit to the Committees on Appropriations 

of the Senate and of the House of Representatives the most recent 

biennial budget prepared by the United Nations for the operations 

of the United Nations: Provided further, That the Secretary of State 

shall notify the Committees on Appropriations at least 15 days in 

advance (or in an emergency, as far in advance as is practicable) 

of any United Nations action to increase funding for any United 

Nations program without identifying an offsetting decrease elsewhere in the United Nations budget and cause the United Nations 

to exceed the adopted budget for the biennium 2004–2005 of 

$3,160,860,000: Provided further, That any payment of arrearages 

under this title shall be directed toward special activities that are 

mutually agreed upon by the United States and the respective international organization: Provided further, That none of the funds appropriated in this paragraph shall be available for a United States 

contribution to an international organization for the United States 

share of interest costs made known to the United States Government 

by such organization for loans incurred on or after October 1, 1984, 

through external borrowings, except that such restriction shall not 

93 

apply to loans to the United Nations for renovation of its headquarters. 

CONTRIBUTIONS FOR INTERNATIONAL PEACEKEEPING ACTIVITIES

For necessary expenses to pay assessed and other expenses of 

international peacekeeping activities directed to the maintenance or 

restoration of international peace and security, $490,000,000: Provided, That none of the funds made available under this Act shall 

be obligated or expended for any new or expanded United Nations 

peacekeeping mission unless, at least 15 days in advance of voting 

for the new or expanded mission in the United Nations Security 

Council (or in an emergency as far in advance as is practicable): (1) 

the Committees on Appropriations of the House of Representatives 

and the Senate and other appropriate committees of the Congress 

are notified of the estimated cost and length of the mission, the vital 

national interest that will be served, and the planned exit strategy; 

and (2) a reprogramming of funds pursuant to section 605 of this 

Act is submitted, and the procedures therein followed, setting forth 

the source of funds that will be used to pay for the cost of the new 

or expanded mission: Provided further, That funds shall be available for peacekeeping expenses only upon a certification by the Secretary of State to the appropriate committees of the Congress that 

American manufacturers and suppliers are being given opportunities to provide equipment, services, and material for United Nations 

peacekeeping activities equal to those being given to foreign manufacturers and suppliers: Provided further, That none of the funds 

made available under this heading are available to pay the United 

States share of the cost of court monitoring that is part of any 

United Nations peacekeeping mission. 

INTERNATIONAL COMMISSIONS

For necessary expenses, not otherwise provided for, to meet obligations of the United States arising under treaties, or specific Acts 

of Congress, as follows: 

INTERNATIONAL BOUNDARY AND WATER COMMISSION, UNITED STATES

AND MEXICO

For necessary expenses for the United States Section of the 

International Boundary and Water Commission, United States and 

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

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

SALARIES AND EXPENSES

For salaries and expenses, not otherwise provided for, 

$27,244,000. 

CONSTRUCTION

For detailed plan preparation and construction of authorized 

projects, $5,310,000, to remain available until expended, as authorized. 

94 

AMERICAN SECTIONS, INTERNATIONAL COMMISSIONS

For necessary expenses, not otherwise provided, for the International Joint Commission and the International Boundary Commission, United States and Canada, as authorized by treaties between the United States and Canada or Great Britain, and for the 

Border Environment Cooperation Commission as authorized by 

Public Law 103–182, $9,594,000, of which not to exceed $9,000 

shall be available for representation expenses incurred by the International Joint Commission. 

INTERNATIONAL FISHERIES COMMISSIONS

For necessary expenses for international fisheries commissions, 

not otherwise provided for, as authorized by law, $21,982,000: Provided, That the United States’ share of such expenses may be advanced to the respective commissions pursuant to 31 U.S.C. 3324. 

OTHER

PAYMENT TO THE ASIA FOUNDATION

For a grant to the Asia Foundation, as authorized by the Asia 

Foundation Act (22 U.S.C. 4402), $13,000,000, to remain available 

until expended, as authorized. 

CENTER FOR MIDDLE EASTERN-WESTERN DIALOGUE

For a grant to the Center for Middle Eastern-Western Dialogue 

Trust Fund, $6,750,000, for operation of the Center for Middle Eastern-Western Dialogue in Istanbul, Turkey, to remain available until 

expended. 

In addition, for the operations of the Steering Committee of the 

Center for Middle Eastern-Western Dialogue, $250,000, to remain 

available until expended. 

In addition, for necessary expenses of the Center for Middle 

Eastern-Western Dialogue Trust Fund, the total amount of the interest and earnings accruing to such Fund before October 1, 2005, to 

remain available until expended. 

EISENHOWER EXCHANGE FELLOWSHIP PROGRAM

For necessary expenses of Eisenhower Exchange Fellowships, 

Incorporated, as authorized by sections 4 and 5 of the Eisenhower 

Exchange Fellowship Act of 1990 (20 U.S.C. 5204–5205), all interest 

and earnings accruing to the Eisenhower Exchange Fellowship Program Trust Fund on or before September 30, 2005, to remain available until expended: Provided, That none of the funds appropriated 

herein shall be used to pay any salary or other compensation, or to 

enter into any contract providing for the payment thereof, in excess 

of the rate authorized by 5 U.S.C. 5376; or for purposes which are 

not in accordance with OMB Circulars A–110 (Uniform Administrative Requirements) and A–122 (Cost Principles for Non-profit Organizations), including the restrictions on compensation for personal 

services. 

95 

ISRAELI ARAB SCHOLARSHIP PROGRAM

For necessary expenses of the Israeli Arab Scholarship Program 

as authorized by section 214 of the Foreign Relations Authorization 

Act, Fiscal Years 1992 and 1993 (22 U.S.C. 2452), all interest and 

earnings accruing to the Israeli Arab Scholarship Fund on or before 

September 30, 2005, to remain available until expended. 

EAST-WEST CENTER

To enable the Secretary of State to provide for carrying out the 

provisions of the Center for Cultural and Technical Interchange Between East and West Act of 1960, by grant to the Center for Cultural and Technical Interchange Between East and West in the 

State of Hawaii, $19,500,000: Provided, That none of the funds appropriated herein shall be used to pay any salary, or enter into any 

contract providing for the payment thereof, in excess of the rate authorized by 5 U.S.C. 5376. 

NATIONAL ENDOWMENT FOR DEMOCRACY

For grants made by the Department of State to the National 

Endowment for Democracy as authorized by the National Endowment for Democracy Act, $60,000,000 to remain available until expended. 

RELATED AGENCY 

BROADCASTING BOARD OF GOVERNORS

INTERNATIONAL BROADCASTING OPERATIONS

For expenses necessary to enable the Broadcasting Board of 

Governors, as authorized, to carry out international communication 

activities, including the purchase, installation, rent, and improvement of facilities for radio and television transmission and reception 

to Cuba, and to make and supervise grants for radio and television 

broadcasting to the Middle East, $591,000,000, of which 

$27,629,000 is for Broadcasting to Cuba: Provided, That of the total 

amount in this heading, not to exceed $16,000 may be used for official receptions within the United States as authorized, not to exceed 

$35,000 may be used for representation abroad as authorized, and 

not to exceed $39,000 may be used for official reception and representation expenses of Radio Free Europe/Radio Liberty; and in 

addition, notwithstanding any other provision of law, not to exceed 

$2,000,000 in receipts from advertising and revenue from business 

ventures, not to exceed $500,000 in receipts from cooperating international organizations, and not to exceed $1,000,000 in receipts 

from privatization efforts of the Voice of America and the International Broadcasting Bureau, to remain available until expended 

for carrying out authorized purposes. 

BROADCASTING CAPITAL IMPROVEMENTS

For the purchase, rent, construction, and improvement of facilities for radio transmission and reception, and purchase and installation of necessary equipment for radio and television transmission 

and reception as authorized, $8,560,000, to remain available until 

expended, as authorized. 

96 

GENERAL PROVISIONS—DEPARTMENT OF STATE AND RELATED

AGENCY

SEC. 401. Funds appropriated under this title shall be available, except as otherwise provided, for allowances and differentials 

as authorized by subchapter 59 of title 5, United States Code; for 

services as authorized by 5 U.S.C. 3109; and for hire of passenger 

transportation pursuant to 31 U.S.C. 1343(b). 

SEC. 402. Not to exceed 5 percent of any appropriation made 

available for the current fiscal year for the Department of State in 

this Act may be transferred between such appropriations, but no 

such appropriation, except as otherwise specifically provided, shall 

be increased by more than 10 percent by any such transfers: Provided, That not to exceed 5 percent of any appropriation made 

available for the current fiscal year for the Broadcasting Board of 

Governors in this Act may be transferred between such appropriations, but no such appropriation, except as otherwise specifically 

provided, shall be increased by more than 10 percent by any such 

transfers: Provided further, That any transfer pursuant to this section shall be treated as a reprogramming of funds under section 605 

of this Act and shall not be available for obligation or expenditure 

except in compliance with the procedures set forth in that section. 

SEC. 403. None of the funds made available in this Act may be 

used by the Department of State or the Broadcasting Board of Governors to provide equipment, technical support, consulting services, 

or any other form of assistance to the Palestinian Broadcasting Corporation. 

SEC. 404. (a) The Senior Policy Operating Group on Trafficking 

in Persons, established under section 406 of division B of Public 

Law 108–7 to coordinate agency activities regarding policies (including grants and grant policies) involving the international trafficking in persons, shall coordinate all such policies related to the 

activities of traffickers and victims of severe forms of trafficking. 

(b) None of the funds provided in this or any other Act shall 

be expended to perform functions that duplicate coordinating responsibilities of the Operating Group. 

(c) The Operating Group shall continue to report only to the authorities that appointed them pursuant to section 406 of division B 

of Public Law 108–7. 

SEC. 405. (a) Subsection (b) of section 36 of the State Department Basic Authorities Act of 1956 (22 U.S.C. 2708) is amended— 

(1) in paragraph (5) by striking ‘‘or’’ at the end; 

(2) in paragraph (6) by striking the period and inserting ‘‘; 

or’’; and 

(3) by adding at the end the following new paragraph: 

‘‘(7) the disruption of financial mechanisms of a foreign terrorist organization, including the use by the organization of illicit narcotics production or international narcotics trafficking— 

‘‘(A) to finance acts of international terrorism; or 

‘‘(B) to sustain or support any terrorist organization.’’. 

(b) Subsection (e)(1) of such section is amended— 

(1) by striking ‘‘$5,000,000’’ and inserting ‘‘$25,000,000’’; 

(2) by striking the second period at the end; and 

97 

(3) by adding at the end the following new sentence: ‘‘Without first making such determination, the Secretary may authorize a reward of up to twice the amount specified in this paragraph for the capture or information leading to the capture of 

a leader of a foreign terrorist organization.’’. 

(c) Subsection (e) of such section is amended by adding at the 

end the following new paragraph: 

‘‘(6) FORMS OF REWARD PAYMENT.—The Secretary may 

make a reward under this section in the form of money, a nonmonetary item (including such items as automotive vehicles), or 

a combination thereof.’’. 

(d) Such section is amended— 

(1) by redesignating subsections (i) and (j) as subsections (j) 

and (k), respectively; and 

(2) by inserting after subsection (h) the following new subsection: 

‘‘(i) MEDIA SURVEYS AND ADVERTISEMENTS.— 

‘‘(1) SURVEYS CONDUCTED.—For the purpose of more effectively disseminating information about the rewards program, 

the Secretary may use the resources of the rewards program to 

conduct media surveys, including analyses of media markets, 

means of communication, and levels of literacy, in countries determined by the Secretary to be associated with acts of international terrorism. 

‘‘(2) CREATION AND PURCHASE OF ADVERTISEMENTS.—The 

Secretary may use the resources of the rewards program to create advertisements to disseminate information about the rewards program. The Secretary may base the content of such advertisements on the findings of the surveys conducted under 

paragraph (1). The Secretary may purchase radio or television 

time, newspaper space, or make use of any other means of advertisement, as appropriate.’’. 

(e) Not later than 90 days after the date of the enactment of this 

Act, the Secretary of State shall submit to the Committees on Appropriations of the House of Representatives and of the Senate, the 

Committee on International Relations of the House of Representatives and the Committee on Foreign Relations of the Senate a plan 

to maximize awareness of the reward available under section 36 of 

the State Department Basic Authorities Act of 1956 (22 U.S.C. 2708 

et seq.) for the capture or information leading to the capture of a 

leader of a foreign terrorist organization who may be in Pakistan 

or Afghanistan. The Secretary may use the resources of the rewards 

program to prepare the plan. 

SEC. 406. For the purposes of registration of birth, certification 

of nationality, or issuance of a passport of a United States citizen 

born in the city of Jerusalem, the Secretary of State shall, upon request of the citizen, record the place of birth as Israel. 

SEC. 407. The Secretary of State shall provide to a member of 

the Committee on Appropriations of the Senate or the Committee on 

Appropriations of the House of Representatives a copy of each cable 

sent to or by a Department of State employee that pertains to any 

topic specified by the requesting member, regardless of the level of 

classification of the cable, not later than 15 days after the date on 

which the member makes a written or verbal request for such copies. 

98 

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 one year after the date of enactment of this 

Act, and annually thereafter, the Secretary of State shall submit a 

report on such reviews that occurred during the previous 12 months, 

together with the Secretary’s recommendations regarding such reviews to the appropriate committees of Congress, the heads of all affected departments or agencies, and the Inspector General of the Department of State. 

SEC. 410. Funds appropriated by this Act for the Broadcasting 

Board of Governors and the Department of State may be obligated 

and expended notwithstanding section 15 of the State Department 

Basic Authorities Act of 1956, section 313 of the Foreign Relations 

Authorization Act, Fiscal Years 1994 and 1995 (Public Law 103– 

236), and section 504(a)(1) of the National Security Act of 1947 (50 

U.S.C. 414(a)(1)). 

99 

SEC. 411. During fiscal year 2005, section 404(b)(2)(B) of the 

Foreign Relations Authorization Act, Fiscal Years 1994 and 1995 

(Public Law 103–236; 22 U.S.C. 287e note), shall be administered 

as though the matter following clause (iii) reads as follows: 

‘‘(v) For assessments made during calendar year 

2005, 27.1 percent.’’. 

SEC. 412. (a) Section 402(a) of the Foreign Service Act of 1980 

(22 U.S.C. 3962(a)) is amended— 

(1) in paragraph (1), by striking the second and third sentences and inserting the following new sentences: ‘‘The President 

shall also prescribe ranges of basic salary rates for each class. 

Except as provided in paragraph (3), basic salary rates for the 

Senior Foreign Service may not exceed the maximum rate or be 

less than the minimum rate of basic pay payable for the Senior 

Executive Service under section 5382 of title 5, United States 

Code.’’; and 

(2) by striking paragraph (2) and inserting the following 

new paragraphs: 

‘‘(2) The Secretary shall determine which basic salary rate within the ranges prescribed by the President under paragraph (1) shall 

be paid to each member of the Senior Foreign Service based on individual performance, contribution to the mission of the Department, 

or both, as determined under a rigorous performance management 

system. Except as provided in regulations prescribed by the Secretary and, to the extent possible, consistent with regulations governing the Senior Executive Service, the Secretary may adjust the 

basic salary rate of a member of the Senior Foreign Service not 

more than once during any 12-month period. 

‘‘(3) Upon a determination by the Secretary that the Senior Foreign Service performance appraisal system, as designed and applied, makes meaningful distinctions based on relative performance— 

‘‘(A) the maximum rate of basic pay payable for the Senior 

Foreign Service shall be level II of the Executive Schedule; and 

‘‘(B) the applicable aggregate pay cap shall be equivalent to 

the aggregate pay cap set forth in section 5307(d)(1) of title 5, 

United States Code, for members of the Senior Executive Service.’’. 

(b) Section 405(b)(4) of such Act (22 U.S.C. 3965(b)(4)) is 

amended by inserting before the period the following: ‘‘, or the limitation under section 402(a)(3), whichever is higher’’. 

(c) Section 401(a) of such Act (22 U.S.C. 3961(a)) is amended 

by striking ‘‘shall not exceed the annual rate of pay payable for level 

I of such Executive Schedule’’ and inserting ‘‘shall be subject to the 

limitation on certain payments under section 5307 of title 5, United 

States Code, or the limitation under section 402(a)(3), whichever is 

higher’’. 

SEC. 413. (a) Section 2 of the State Department Basic Authorities Act of 1956 (22 U.S.C. 2669) is amended by adding at the end 

the following: 

‘‘(o) make administrative corrections or adjustments to an employee’s pay, allowances, or differentials, resulting from mistakes or 

retroactive personnel actions, as well as provide back pay and other 

categories of payments under section 5596 of title 5, United States 

100 

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 Commis- sion, 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 Amer- ica’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, in- cluding hire of passenger motor vehicles, $9,096,000: Provided, That 

not to exceed $50,000 may be used to employ consultants: Provided 

further, That none of the funds appropriated in this paragraph 

shall be used to employ in excess of four full-time individuals under 

Schedule C of the Excepted Service exclusive of one special assistant 

for each Commissioner: Provided further, That none of the funds 

appropriated in this paragraph shall be used to reimburse Commissioners for more than 75 billable days, with the exception of the 

chairperson, who is permitted 125 billable days. 

COMMISSION ON INTERNATIONAL RELIGIOUS FREEDOM

SALARIES AND EXPENSES

For necessary expenses for the United States Commission on 

International Religious Freedom, as authorized by title II of the 

International Religious Freedom Act of 1998 (Public Law 105–292), 

$3,000,000, to remain available until expended: Provided, That in 

fiscal year 2005, the Commission may procure temporary services 

for the purpose of conducting a study on conditions of the right to 

freedom of religion or belief in North Korea, notwithstanding Section 208(c)(1) of Public Law 105–292 (22 U.S.C. 6435a(c)(1)). 

101 

COMMISSION ON SECURITY AND COOPERATION IN EUROPE

SALARIES AND EXPENSES

For necessary expenses of the Commission on Security and Cooperation in Europe, as authorized by Public Law 94–304, 

$1,831,000, to remain available until expended as authorized by section 3 of Public Law 99–7. 

CONGRESSIONAL-EXECUTIVE COMMISSION ON THE PEOPLE’S

REPUBLIC OF CHINA

SALARIES AND EXPENSES

For necessary expenses of the Congressional-Executive Commission on the People’s Republic of China, as authorized, $1,900,000, 

including not more than $3,000 for the purpose of official representation, to remain available until expended: Provided, That $100,000 

shall be for the Political Prisoner Database. 

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

SALARIES AND EXPENSES

For necessary expenses of the Equal Employment Opportunity 

Commission as authorized by title VII of the Civil Rights Act of 

1964 (29 U.S.C. 206(d) and 621–634), the Americans with Disabilities Act of 1990, and the Civil Rights Act of 1991, including services as authorized by 5 U.S.C. 3109; hire of passenger motor vehicles as authorized by 31 U.S.C. 1343(b); non-monetary awards to 

private citizens; and not to exceed $33,000,000 for payments to State 

and local enforcement agencies for services to the Commission pursuant to title VII of the Civil Rights Act of 1964, sections 6 and 14 

of the Age Discrimination in Employment Act, the Americans with 

Disabilities Act of 1990, and the Civil Rights Act of 1991, 

$331,228,000: Provided, That the Commission is authorized to make 

available for official reception and representation expenses not to exceed $2,500 from available funds: Provided further, That the Commission may take no action to implement any workforce repositioning, restructuring, or reorganization until such time as the 

Committees on Appropriations have been notified of such proposals, 

in accordance with the reprogramming provisions of section 605 of 

this Act: Provided further, That the Commission shall not have 

fewer field position in fiscal year 2005 than in fiscal year 2004. 

FEDERAL COMMUNICATIONS COMMISSION

SALARIES AND EXPENSES

For necessary expenses of the Federal Communications Commission, as authorized by law, including uniforms and allowances 

therefor, as authorized by 5 U.S.C. 5901–5902; not to exceed 

$600,000 for land and structure; not to exceed $500,000 for improvement and care of grounds and repair to buildings; not to exceed 

$4,000 for official reception and representation expenses; purchase 

and hire of motor vehicles; special counsel fees; and services as authorized by 5 U.S.C. 3109, $281,098,000: Provided, That 

$280,098,000 of offsetting collections shall be assessed and collected 

102 

pursuant to section 9 of title I of the Communications Act of 1934, 

shall be retained and used for necessary expenses in this appropriation, and shall remain available until expended: Provided further, 

That the sum herein appropriated shall be reduced as such offsetting collections are received during fiscal year 2005 so as to result 

in a final fiscal year 2005 appropriation estimated at $1,000,000: 

Provided further, That any offsetting collections received in excess 

of $280,098,000 in fiscal year 2005 shall remain available until expended, but shall not be available for obligation until October 1, 

2005: Provided further, That notwithstanding 47 U.S.C. 

309(j)(8)(B), proceeds from the use of a competitive bidding system 

that may be retained and made available for obligation shall not 

exceed $85,000,000 for fiscal year 2005. 

FEDERAL TRADE COMMISSION

SALARIES AND EXPENSES

For necessary expenses of the Federal Trade Commission, including uniforms or allowances therefor, as authorized by 5 U.S.C. 

5901–5902; services as authorized by 5 U.S.C. 3109; hire of passenger motor vehicles; and not to exceed $2,000 for official reception 

and representation expenses, $205,430,000, to remain available 

until expended: Provided, That not to exceed $300,000 shall be 

available for use to contract with a person or persons for collection 

services in accordance with the terms of 31 U.S.C. 3718: Provided 

further, That, notwithstanding any other provision of law, not to exceed $101,000,000 of offsetting collections derived from fees collected 

for premerger notification filings under the Hart-Scott-Rodino Antitrust Improvements Act of 1976 (15 U.S.C. 18a), regardless of the 

year of collection, shall be retained and used for necessary expenses 

in this appropriation: Provided further, That $21,901,000 in offsetting collections derived from fees sufficient to implement and enforce 

the Telemarketing Sales Rule, promulgated under the Telephone 

Consumer Fraud and Abuse Prevention Act (15 U.S.C. 6101 et seq.), 

shall be credited to this account, and be retained and used for necessary expenses in this appropriation: Provided further, That the 

sum herein appropriated from the general fund shall be reduced as 

such offsetting collections are received during fiscal year 2005, so as 

to result in a final fiscal year 2005 appropriation from the general 

fund estimated at not more than $82,529,000: Provided further, 

That none of the funds made available to the Federal Trade Commission may be used to enforce subsection (e) of section 43 of the 

Federal Deposit Insurance Act (12 U.S.C. 1831t) or section 151(b)(2) 

of the Federal Deposit Insurance Corporation Improvement Act of 

1991 (12 U.S.C. 1831t note). 

HELP COMMISSION

SALARIES AND EXPENSES

For necessary expenses of the HELP Commission, $1,000,000, to 

remain available until expended. 

103 

LEGAL SERVICES CORPORATION

PAYMENT TO THE LEGAL SERVICES CORPORATION

For payment to the Legal Services Corporation to carry out the 

purposes of the Legal Services Corporation Act of 1974, 

$335,282,000, of which $316,604,000 is for basic field programs and 

required independent audits; $2,573,000 is for the Office of Inspector General, of which such amounts as may be necessary may be 

used to conduct additional audits of recipients; $13,000,000 is for 

management and administration; $1,272,000 is for client self-help 

and information technology; and $1,833,000 is for grants to offset 

losses due to census adjustments: Provided, That not to exceed 

$1,000,000 from amounts previously appropriated under this heading may be used for a student loan repayment pilot program. 

ADMINISTRATIVE PROVISION—LEGAL SERVICES CORPORATION

None of the funds appropriated in this Act to the Legal Services 

Corporation shall be expended for any purpose prohibited or limited 

by, or contrary to any of the provisions of, sections 501, 502, 503, 

504, 505, and 506 of Public Law 105–119, and all funds appropriated in this Act to the Legal Services Corporation shall be subject 

to the same terms and conditions set forth in such sections, except 

that all references in sections 502 and 503 to 1997 and 1998 shall 

be deemed to refer instead to 2004 and 2005, respectively, and except that section 501(a)(1) of Public Law 104–134 (110 Stat. 1321– 

51, et seq.) shall not apply to the use of the $1,833,000 to address 

loss of funding due to Census-based reallocations. 

MARINE MAMMAL COMMISSION

SALARIES AND EXPENSES

For necessary expenses of the Marine Mammal Commission as 

authorized by title II of Public Law 92–522, $1,890,000. 

NATIONAL VETERANS BUSINESS DEVELOPMENT CORPORATION

For necessary expenses of the National Veterans Business Development Corporation as authorized under section 33(a) of the Small 

Business Act, $2,000,000, to remain available until expended. 

SECURITIES AND EXCHANGE COMMISSION

SALARIES AND EXPENSES

For necessary expenses for the Securities and Exchange Commission, including services as authorized by 5 U.S.C. 3109, the rental of space (to include multiple year leases) in the District of Columbia and elsewhere, and not to exceed $3,000 for official reception 

and representation expenses, $913,000,000, to remain available 

until expended; of which not to exceed $10,000 may be used toward 

funding a permanent secretariat for the International Organization 

of Securities Commissions; and of which not to exceed $100,000 

shall be available for expenses for consultations and meetings 

hosted by the Commission with foreign governmental and other regulatory officials, members of their delegations, appropriate representatives and staff to exchange views concerning developments reVerDate Aug 04 2004 07:33 Dec 01, 2004 Jkt 096906 PO 00000 Frm 00107 Fmt 6659 Sfmt 6603 E:\HR\OC\HR792.XXX HR792
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lating to securities matters, development and implementation of cooperation agreements concerning securities matters and provision of 

technical assistance for the development of foreign securities markets, such expenses to include necessary logistic and administrative 

expenses and the expenses of Commission staff and foreign invitees 

in attendance at such consultations and meetings including: (1) 

such incidental expenses as meals taken in the course of such attendance; (2) any travel and transportation to or from such meetings; and (3) any other related lodging or subsistence: Provided, 

That fees and charges authorized by sections 6(b) of the Securities 

Exchange Act of 1933 (15 U.S.C. 77f(b)), and 13(e), 14(g) and 31 of 

the Securities Exchange Act of 1934 (15 U.S.C. 78m(e), 78n(g), and 

78ee), shall be credited to this account as offsetting collections: Provided further, That not to exceed $856,000,000 of such offsetting collections shall be available until expended for necessary expenses of 

this account: Provided further, That $57,000,000 shall be derived 

from prior year unobligated balances from funds previously appropriated to the Securities and Exchange Commission: Provided further, That the total amount appropriated under this heading from 

the general fund for fiscal year 2005 shall be reduced as such offsetting fees are received so as to result in a final total fiscal year 2005 

appropriation from the general fund estimated at not more than $0. 

Not later than May 1, 2005, the Securities and Exchange Commission shall submit a report to the Committee on Appropriations 

of the Senate that provides a justification for final rules issued by 

the Commission on June 30, 2004 (amending title 17, Code of Federal Regulations, Parts 239, 240, and 274), requiring that the chair 

of the board of directors of a mutual fund be an independent director: Provided, That such report shall analyze whether mutual funds 

chaired by disinterested directors perform better, have lower expenses, or have better compliance records than mutual funds 

chaired by interested directors: Provided further, That the Securities 

and Exchange Commission shall act upon the recommendations of 

such report not later than January 1, 2006. 

SMALL BUSINESS ADMINISTRATION

SALARIES AND EXPENSES

For necessary expenses, not otherwise provided for, of the Small 

Business Administration as authorized by Public Law 106–554, including hire of passenger motor vehicles as authorized by 31 U.S.C. 

1343 and 1344, and not to exceed $3,500 for official reception and 

representation expenses, $322,335,000: Provided, That the Administrator is authorized to charge fees to cover the cost of publications 

developed by the Small Business Administration, and certain loan 

servicing activities: Provided further, That, notwithstanding 31 

U.S.C. 3302, revenues received from all such activities shall be credited to this account, to be available for carrying out these purposes 

without further appropriations: Provided further, That $89,000,000 

shall be available to fund grants for performance in fiscal year 2005 

or fiscal year 2006 as authorized: Provided further, That the Small 

Business Administration is authorized to award grants under the 

Women’s Business Center Sustainability Pilot Program established 

by section 4(a) of Public Law 106–165 (15 U.S.C. 656(l)): Provided 

further, That, of the amounts provided for Women’s Business CenVerDate Aug 04 2004 07:33 Dec 01, 2004 Jkt 096906 PO 00000 Frm 00108 Fmt 6659 Sfmt 6603 E:\HR\OC\HR792.XXX HR792
105 

ters, not less than 48 percent shall be available to continue Women’s 

Business Centers in sustainability status. 

OFFICE OF INSPECTOR GENERAL

For necessary expenses of the Office of Inspector General in carrying out the provisions of the Inspector General Act of 1978, 

$13,014,000. 

SURETY BOND GUARANTEES REVOLVING FUND

For additional capital for the Surety Bond Guarantees Revolving Fund, authorized by the Small Business Investment Act, as 

amended, $2,900,000, to remain available until expended. 

BUSINESS LOANS PROGRAM ACCOUNT

For the cost of direct loans, $1,455,000, to remain available 

until expended: Provided, That such costs, including the cost of 

modifying such loans, shall be as defined in section 502 of the Congressional Budget Act of 1974: Provided further, That subject to section 502 of the Congressional Budget Act of 1974, during fiscal year 

2005 commitments to guarantee loans under section 503 of the 

Small Business Investment Act of 1958, shall not exceed 

$5,000,000,000: Provided further, That subsection 503(f) of the 

Small Business Investment Act of 1958 (15 U.S.C. 697(f)), as 

amended by section 2 of Public Law 108–217, is further amended 

by striking ‘‘October 1, 2004’’ and inserting ‘‘October 1, 2005’’: Provided further, That during fiscal year 2005 commitments for general business loans authorized under section 7(a) of the Small Business Act, shall not exceed $16,000,000,000: Provided further, That 

during fiscal year 2005 commitments to guarantee loans for debentures and participating securities under section 303(b) of the Small 

Business Investment Act of 1958, shall not exceed the levels established by section 20(i)(1)(C) of the Small Business Act: Provided further, That during fiscal year 2005 guarantees of trust certificates 

authorized by section 5(g) of the Small Business Act shall not exceed 

a principal amount of $10,000,000,000. 

In addition, for administrative expenses to carry out the direct 

and guaranteed loan programs, $126,653,000, which may be transferred to and merged with the appropriations for Salaries and Expenses. 

DISASTER LOANS PROGRAM ACCOUNT

For administrative expenses to carry out the direct loan program authorized by section 7(b), of the Small Business Act, 

$113,159,000, which may be transferred to and merged with appropriations for Salaries and Expenses, of which $500,000 is for the 

Office of Inspector General of the Small Business Administration for 

audits and reviews of disaster loans and the disaster loan program 

and shall be transferred to and merged with appropriations for the 

Office of Inspector General; of which $104,409,000 is for direct administrative expenses of loan making and servicing to carry out the 

direct loan program, to remain available until expended; and of 

which $8,250,000 is for indirect administrative expenses: Provided, 

That any amount in excess of $8,250,000 to be transferred to and 

merged with appropriations for Salaries and Expenses for indirect 

106 

administrative expenses shall be treated as a reprogramming of 

funds under section 605 of this Act and shall not be available for 

obligation or expenditure except in compliance with the procedures 

set forth in that section. 

ADMINISTRATIVE PROVISION—SMALL BUSINESS ADMINISTRATION

Not to exceed 5 percent of any appropriation made available for 

the current fiscal year for the Small Business Administration in this 

Act may be transferred between such appropriations, but no such 

appropriation shall be increased by more than 10 percent by any 

such transfers: Provided, That any transfer pursuant to this paragraph shall be treated as a reprogramming of funds under section 

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

STATE JUSTICE INSTITUTE

SALARIES AND EXPENSES

For necessary expenses of the State Justice Institute, as authorized by the State Justice Institute Authorization Act of 1992 (Public 

Law 102–572), $2,613,000: Provided, That not to exceed $2,500 

shall be available for official reception and representation expenses. 

UNITED STATES-CHINA ECONOMIC AND SECURITY REVIEW

COMMISSION

SALARIES AND EXPENSES

For necessary expenses of the United States-China Economic 

and Security Review Commission, $3,000,000, including not more 

than $5,000 for the purpose of official representation, to remain 

available until expended. 

UNITED STATES INSTITUTE OF PEACE

OPERATING EXPENSES

For necessary expenses of the United States Institute of Peace 

as authorized in the United States Institute of Peace Act, 

$23,000,000: Provided, That $1,500,000 is for necessary expenses for 

the Task Force on the United Nations: Provided further, That the 

Task Force on the United Nations shall submit a report on its findings to the Committees on Appropriations of the House of Representatives and Senate not later than 180 days after the date of the enactment of this Act. 

UNITED STATES SENATE-CHINA INTERPARLIAMENTARY GROUP

SALARIES AND EXPENSES

For necessary expenses of the United States Senate-China Interparliamentary Group, as authorized under Section 153 of the Consolidated Appropriations Act, 2004 (22 U.S.C. 276n; Public Law 

108–199; 118 Stat. 448), $100,000, to remain available until expended. 

107 

TITLE VI—GENERAL PROVISIONS 

(INCLUDING RESCISSIONS)

SEC. 601. No part of any appropriation contained in this Act 

shall be used for publicity or propaganda purposes not authorized 

by the Congress. 

SEC. 602. No part of any appropriation contained in this Act 

shall remain available for obligation beyond the current fiscal year 

unless expressly so provided herein. 

SEC. 603. The expenditure of any appropriation under this Act 

for any consulting service through procurement contract, pursuant 

to 5 U.S.C. 3109, shall be limited to those contracts where such expenditures are a matter of public record and available for public inspection, except where otherwise provided under existing law, or 

under existing Executive order issued pursuant to existing law. 

SEC. 604. If any provision of this Act or the application of such 

provision to any person or circumstances shall be held invalid, the 

remainder of the Act and the application of each provision to persons or circumstances other than those as to which it is held invalid 

shall not be affected thereby. 

SEC. 605. (a) None of the funds provided under this Act, or provided under previous appropriations Acts to the agencies funded by 

this Act that remain available for obligation or expenditure in fiscal 

year 2005, or provided from any accounts in the Treasury of the 

United States derived by the collection of fees available to the agencies funded by this Act, shall be available for obligation or expenditure through a reprogramming of funds that: (1) creates new programs; (2) eliminates a program, project, or activity; (3) increases 

funds or personnel by any means for any project or activity for 

which funds have been denied or restricted; (4) relocates an office 

or employees; (5) reorganizes or renames offices; (6) reorganizes programs or activities; or (7) contracts out or privatizes any functions 

or activities presently performed by Federal employees; unless the 

Appropriations Committees of both Houses of Congress are notified 

15 days in advance of such reprogramming of funds. 

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

under previous appropriations Acts to the agencies funded by this 

Act that remain available for obligation or expenditure in fiscal 

year 2005, or provided from any accounts in the Treasury of the 

United States derived by the collection of fees available to the agencies funded by this Act, shall be available for obligation or expenditure for activities, programs, or projects through a reprogramming 

of funds in excess of $750,000 or 10 percent, whichever is less, that: 

(1) augments existing programs, projects, or activities; (2) reduces by 

10 percent funding for any existing program, project, or activity, or 

numbers of personnel by 10 percent as approved by Congress; or (3) 

results from any general savings, including savings from a reduction in personnel, which would result in a change in existing programs, activities, or projects as approved by Congress; unless the 

Appropriations Committees of both Houses of Congress are notified 

15 days in advance of such reprogramming of funds. 

SEC. 606. Hereafter, none of the funds made available in this 

Act may be used for the construction, repair (other than emergency 

repair), overhaul, conversion, or modernization of vessels for the NaVerDate Aug 04 2004 07:33 Dec 01, 2004 Jkt 096906 PO 00000 Frm 00111 Fmt 6659 Sfmt 6603 E:\HR\OC\HR792.XXX HR792
108 

tional Oceanic and Atmospheric Administration in shipyards located outside of the United States. 

SEC. 607. None of the funds made available in this Act may be 

used to implement, administer, or enforce any guidelines of the 

Equal Employment Opportunity Commission covering harassment 

based on religion, when it is made known to the Federal entity or 

official to which such funds are made available that such guidelines 

do not differ in any respect from the proposed guidelines published 

by the Commission on October 1, 1993 (58 Fed. Reg. 51266). 

SEC. 608. If it has been finally determined by a court or Federal 

agency that any person intentionally affixed a label bearing a 

‘‘Made in America’’ inscription, or any inscription with the same 

meaning, to any product sold in or shipped to the United States 

that is not made in the United States, the person shall be ineligible 

to receive any contract or subcontract made with funds made available in this Act, pursuant to the debarment, suspension, and ineligibility procedures described in sections 9.400 through 9.409 of title 

48, Code of Federal Regulations. 

SEC. 609. None of the funds made available by this Act may be 

used for any United Nations undertaking when it is made known 

to the Federal official having authority to obligate or expend such 

funds that: (1) the United Nations undertaking is a peacekeeping 

mission; (2) such undertaking will involve United States Armed 

Forces under the command or operational control of a foreign national; and (3) the President’s military advisors have not submitted 

to the President a recommendation that such involvement is in the 

national security interests of the United States and the President 

has not submitted to the Congress such a recommendation. 

SEC. 610. The Departments of Commerce, Justice, and State, 

the Judiciary, the Federal Communications Commission, the Securities and Exchange Commission and the Small Business Administration shall provide to the Committees on Appropriations of the 

Senate and of the House of Representatives a quarterly accounting 

of the cumulative balances of any unobligated funds that were received by such agency during any previous fiscal year. 

SEC. 611. (a) None of the funds appropriated or otherwise made 

available by this Act shall be expended for any purpose for which 

appropriations are prohibited by section 609 of the Departments of 

Commerce, Justice, and State, the Judiciary, and Related Agencies 

Appropriations Act, 1999. 

(b) The requirements in subparagraphs (A) and (B) of section 

609 of that Act shall continue to apply during fiscal year 2005. 

SEC. 612. Any costs incurred by a department or agency funded 

under this Act resulting from personnel actions taken in response to 

funding reductions included in this Act shall be absorbed within the 

total budgetary resources available to such department or agency: 

Provided, That the authority to transfer funds between appropriations accounts as may be necessary to carry out this section is provided in addition to authorities included elsewhere in this Act: Provided further, That use of funds to carry out this section shall be 

treated as a reprogramming of funds under section 605 of this Act 

and shall not be available for obligation or expenditure except in 

compliance with the procedures set forth in that section. 

SEC. 613. None of the funds provided by this Act shall be available to promote the sale or export of tobacco or tobacco products, or 

109 

to seek the reduction or removal by any foreign country of restrictions on the marketing of tobacco or tobacco products, except for restrictions which are not applied equally to all tobacco or tobacco 

products of the same type. 

SEC. 614. (a) None of the funds appropriated or otherwise made 

available by this Act shall be expended for any purpose for which 

appropriations are prohibited by section 616 of the Departments of 

Commerce, Justice, and State, the Judiciary, and Related Agencies 

Appropriations Act, 1999. 

(b) The requirements in subsections (b) and (c) of section 616 

of that Act shall continue to apply during fiscal year 2005. 

SEC. 615. None of the funds appropriated pursuant to this Act 

or any other provision of law may be used for— 

(1) the implementation of any tax or fee in connection with 

the implementation of subsection 922(t) of title 18, United 

States Code; and 

(2) any system to implement subsection 922(t) of title 18, 

United States Code, that does not require and result in the destruction of any identifying information submitted by or on behalf of any person who has been determined not to be prohibited from possessing or receiving a firearm no more than 24 

hours after the system advises a Federal firearms licensee that 

possession or receipt of a firearm by the prospective transferee 

would not violate subsection (g) or (n) of section 922 of title 18, 

United States Code, or State law. 

SEC. 616. Notwithstanding any other provision of law, amounts 

deposited or available in the Fund established under 42 U.S.C. 

10601 in any fiscal year in excess of $625,000,000 shall not be 

available for obligation until the following fiscal year. 

SEC. 617. None of the funds made available to the Department 

of Justice in this Act may be used to discriminate against or denigrate the religious or moral beliefs of students who participate in 

programs for which financial assistance is provided from those 

funds, or of the parents or legal guardians of such students. 

SEC. 618. None of the funds appropriated or otherwise made 

available to the Department of State shall be available for the purpose of granting either immigrant or nonimmigrant visas, or both, 

consistent with the determination of the Secretary of State under 

section 243(d) of the Immigration and Nationality Act, to citizens, 

subjects, nationals, or residents of countries that the Secretary of 

Homeland Security has determined deny or unreasonably delay accepting the return of citizens, subjects, nationals, or residents under 

that section. 

SEC. 619. (a) For additional amounts under the heading ‘‘Small 

Business Administration, Salaries and Expenses’’, $500,000 shall be 

available for the Adelante Development Center, Inc.; $150,000 shall 

be available for the Advanced Polymer Processing Institute; 

$150,000 shall be available for the Alaska Procurement Technical 

Assistance Center; $250,000 shall be available for Business and 

Professional Women of Alaska; $75,000 shall be available for the 

Center for Applied Research and Economic Development at the University of Southern Indiana; $300,000 shall be available for the 

Center for Emerging Technologies; $225,000 shall be available for 

the Center for Entrepreneurship and Technology at the Nevada 

Commission for Economic Development; $100,000 shall be available 

110 

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 ECommerce Certification program; $600,000 shall be available for 

the Industrial Outreach Service at Mississippi State University; 

$2,000,000 shall be available for the Innovation and Commercialization Center at the University of Southern Mississippi; 

$100,000 shall be available for the Kennebec Valley Council of Governments’ Business Development Program; $100,000 shall be available for the Knoxville College Small Business Incubator Program; 

$250,000 shall be available for the Louisiana State University Law 

School’s Latin American Commercial Law Program; $250,000 shall 

be available for the Minority Business Development Center at 

Alcorn State University; $600,000 shall be available for the Mississippi Technology Alliance; $200,000 shall be available for the 

Montana Department of Commerce for a State government information sharing initiative; $125,000 shall be available for the Myrtle 

Beach International Trade and Convention Center; $250,000 shall 

be available for the Nanotechnology Research Program at the Oregon Health and Science University; $550,000 shall be available for 

the New Product Development and Commercialization Center for 

Rural Manufacturers; $125,000 shall be available for the New 

Hampshire Women’s Business Center; $500,000 shall be available 

for Operation Safe Commerce; $200,000 shall be available for the 

Southern University Foundation’s Martin Luther King Initiative; 

$75,000 shall be available for Technology 2020; $1,000,000 shall be 

available for the Technology Venture Center/InvestNet Partnership 

for Alaska and Montana; $500,000 shall be available for the Textile 

Marking System; $300,000 shall be available for the Towson University International Business Incubator; $1,000,000 shall be available for the Tuck School of Business/MBDA Partnership; $325,000 

shall be available for the University of Colorado Nanotechnology 

and Characterization Facility; $8,000,000 shall be available for the 

University of South Carolina Thomas Cooper Library; $100,000 

shall be available for the Virginia Electronic Commerce Technology 

Center at Christopher Newport University; $125,000 shall be available for the Women’s Business Development Center in Stamford, 

Connecticut; and $100,000 shall be available for the World Trade 

Center of Greater Philadelphia; $50,000 shall be available for a 

grant to the Center for Excellence in Education; $100,000 shall be 

available for a grant to The Cedar Creek Battlefield Foundation; 

$100,000 shall be available for a grant to Belle Grove Plantation; 

$150,000 shall be available for a grant to the City of Manassas 

Park for economic development; $100,000 shall be available for a 

grant to the Shenandoah Valley Travel Association; $1,200,000 

shall be available for a grant to Shenandoah University to develop 

a facility for a business program; $115,000 shall be available for a 

grant to Economic Alliance Houston Port Region; $20,000 shall be 

available for a grant to the Town of South Boston, Virginia, for 

small business development; $100,000 shall be available for a grant 

111 

to Patrick Henry Community College for a workforce training program; $100,000 shall be available for a grant for Danville Community College for a workforce training program; $1,000,000 shall be 

available for a grant to the University of Illinois for the Information 

Trust Institute initiative; $500,000 shall be available for a grant to 

Wittenberg University for a technology initiative; $500,000 shall be 

available for a grant to the Dayton Development Coalition; $250,000 

shall be available for a grant for REI Rural Business Resources 

Center in Seminole, Oklahoma; $50,000 shall be available for a 

grant to Experience Works to expand opportunities for older workers; $50,000 shall be available for a grant to Project Listo for workforce development and procurement opportunities; $100,000 shall be 

available for a grant to North Iowa Area Community College for a 

small business incubator; $450,000 shall be available for a grant to 

California State University, in San Bernardino, California, for development of the Center for the Commercialization of Advanced 

Technology; $50,000 shall be available for a grant to Rowan University for a workforce training program; $200,000 shall be available for a grant to the Freeport Downtown Development Foundation 

for a small business economic development initiative; $1,500,000 

shall be available for a grant to the Rockford Area Convention and 

Visitors Bureau for a manufacturing program; $200,000 shall be 

available for a grant to Jefferson County Development Council; 

$200,000 shall be available for a grant to Clearfield County Economic Development Corporation; $500,000 shall be available for a 

grant to the Columbus College of Art and Design for facilities development to build partnerships with businesses; $115,000 shall be 

available for a grant to Ohio Business Connection; $1,000,000 shall 

be available for a grant to the Southern and Eastern Kentucky 

Tourism Development Association; $500,000 shall be available for a 

grant to the Bridgeport Regional Business Council for an economic 

integration initiative; $100,000 shall be available for a grant to 

Cedarbridge Development Corporation for a redevelopment initiative; $900,000 shall be available for a grant to Western Carolina 

University for a computer engineering program; $100,000 shall be 

available for a grant to Asheville-Buncombe Technical Community 

College for an economic development initiative; $100,000 shall be 

available for a grant to Jubilee Homes for the Southwest Economic 

Business Resource Center; $400,000 shall be available for a grant 

for the Connect the Valley initiative; $400,000 shall be available for 

a grant to the University of Tennessee Corridor Initiative; $500,000 

shall be available for a grant to the Illinois Institute for Technology 

to examine and assess advancements in biotechnologies; $250,000 

shall be available for a grant to the City of Largo, Florida, for business information; $250,000 shall be available for a grant to Pro Co 

Technology, Inc. in the Bronx, New York, for a computer training 

center; $50,000 shall be available for a grant for the Promesa Foundation in the Bronx, New York, to provide community growth funding; $200,000 shall be available for a grant to Bronx Shepherds for 

community programs; $150,000 shall be available for a grant to 

HOGAR, Inc. in the Bronx, New York; $200,000 shall be available 

for a grant to Promesa Enterprises to provide services and support 

to community based organizations in the Bronx, New York; 

$200,000 for the Arthur Avenue Retail Market in the Bronx, New 

York, for facility, improvement, and maintenance needs to meet the 

112 

Market’s business requirements; $200,000 shall be available for a 

grant to Pregones Theater in the Bronx, New York for business infrastructure; $200,000 shall be available for a grant to Presbyterian 

Senior Services for their Grandparent Family Apartments project 

and programs in the Bronx, New York; $100,000 shall be available 

for a grant to Thorpe Family Residence, Inc. to continue its services 

and programs in the Bronx, New York; $100,000 shall be available 

for a grant to the Puerto Rican Traveling Theater in the Bronx, New 

York for outreach and programs; $100,000 shall be available for 

Casita Maria’s Career and College Placement Preparation to be implemented in coordination with business partners in New York City; 

$1,100,000 shall be available for a grant to the MountainMade 

Foundation to fulfill its charter purposes and to continue the initiative developed by the NTTC for outreach and promotion, business 

and sites development, the education of artists and craftspeople, and 

to promote small businesses, artisans and their products through 

market development, advertisement, commercial sale and other promotional means; $1,000,000 shall be available for a grant for 

Northwest Shoals Community College to complete the Center for 

Business and Industry; $1,000,000 shall be available for the Rhode 

Island School of Design in Providence, Rhode Island for the continued modernization of the Mason Building; $1,000,000 shall be 

available for a grant to the Norwegian American Foundation to fulfill its charter purposes; $750,000 shall be available for a grant to 

St. Mary’s College for a telecommunications initiative; $400,000 

shall be available for a grant to the Economic Growth Council Procurement Assistance Program; $500,000 shall be available for a 

grant to Johnstown Area Regional Industries in Pennsylvania for 

an enhanced economic development initiative; $300,000 shall be 

available for a grant to the Good Old Lower East Side organization 

for a small business economic development initiative for the Lower 

East Side, New York; $200,000 shall be available for a grant for the 

Sunnyside Chamber of Commerce to conduct a redevelopment study 

for Sunnyside, Queens, NY and to implement improvements. 

(b) Section 621 of Division B of Public Law 108–199 is amended— 

(1) by striking ‘‘$1,000,000 shall be available for the Providence, Rhode Island Center for Women and Enterprise for infrastructure development;’’ and inserting ‘‘$100,000 shall be 

available for the Providence, Rhode Island Center for Women 

and Enterprise for small business development programs and 

infrastructure development; $900,000 shall be available for the 

Rhode Island School of Design in Providence, Rhode Island for 

the continued modernization of the Mason Building;’’, 

(2) by inserting ‘‘for the purpose of conducting the program 

and providing financial assistance’’ after ‘‘the Economic Growth 

Connection Paperless Procurement Program’’, and 

(3) by inserting ‘‘and to implement improvements’’ after ‘‘the 

Ridgewood Myrtle Avenue Business Improvement District to 

conduct a redevelopment study’’. 

SEC. 620. All disaster loans issued in Alaska shall be administered by the Small Business Administration and shall not be sold 

during fiscal year 2005. 

SEC. 621. None of the funds made available in this Act may be 

transferred to any department, agency, or instrumentality of the 

113 

United States Government, except pursuant to a transfer made by, 

or transfer authority provided in, this Act or any other appropriation Act. 

SEC. 622. The Departments of Commerce, Justice, State, the Judiciary, the Securities and Exchange Commission and the Small 

Business Administration shall, not later than two months after the 

date of the enactment of this Act, certify that telecommuting opportunities are made available to 100 percent of the eligible workforce: 

Provided, That, of the total amounts appropriated to the Departments of Commerce, Justice, State, the Judiciary, the Securities and 

Exchange Commission and the Small Business Administration, 

$5,000,000 shall be available only upon such certification: Provided 

further, That each Department or agency shall provide quarterly reports to the Committees on Appropriations on the status of telecommuting programs, including the number of Federal employees eligible for, and participating in, such programs: Provided further, That 

each Department or agency shall designate a ‘‘Telework Coordinator’’ to be responsible for overseeing the implementation and operations of telecommuting programs, and serve as a point of contact 

on such programs for the Committees on Appropriations. 

SEC. 623. With the consent of the President, the Secretary of 

Commerce shall represent the United States Government in negotiating and monitoring international agreements regarding fisheries, 

marine mammals, or sea turtles: Provided, That the Secretary of 

Commerce shall be responsible for the development and interdepartmental coordination of the policies of the United States with respect 

to the international negotiations and agreements referred to in this 

section. 

SEC. 624. (a) Tracing studies conducted by the Bureau of Alcohol, Tobacco, Firearms and Explosives are released without adequate disclaimers regarding the limitations of the data. 

(b) The Bureau of Alcohol, Tobacco, Firearms and Explosives 

shall include in all such data releases, language similar to the following that would make clear that trace data cannot be used to 

draw broad conclusions about firearms-related crime: 

(1) Firearm traces are designed to assist law enforcement 

authorities in conducting investigations by tracking the sale 

and possession of specific firearms. Law enforcement agencies 

may request firearms traces for any reason, and those reasons 

are not necessarily reported to the Federal Government. Not all 

firearms used in crime are traced and not all firearms traced 

are used in crime. 

(2) Firearms selected for tracing are not chosen for purposes of determining which types, makes or models of firearms 

are used for illicit purposes. The firearms selected do not constitute a random sample and should not be considered representative of the larger universe of all firearms used by criminals, or any subset of that universe. Firearms are normally 

traced to the first retail seller, and sources reported for firearms 

traced do not necessarily represent the sources or methods by 

which firearms in general are acquired for use in crime. 

SEC. 625. None of the funds made available in this Act may be 

used in violation of section 212(a)(10)(C) of the Immigration and 

Nationality Act. 

114 

SEC. 626. None of the funds appropriated or otherwise made 

available under this Act may be used to issue patents on claims directed to or encompassing a human organism. 

SEC. 627. None of the funds made available in this Act may be 

used to pay expenses for any United States delegation to any specialized agency, body, or commission of the United Nations if such 

commission is chaired or presided over by a country, the government of which the Secretary of State has determined, for purposes 

of section 6(j)(1) of the Export Administration Act of 1979 (50 

U.S.C. App. 2405(j)(1)), has provided support for acts of international terrorism. 

SEC. 628. (a) The Department of Justice, the Department of 

Homeland Security, and the Department of State shall jointly conduct a thorough study of all matters relating to the efficiency and 

effectiveness of the interagency process used to review applications 

for nonimmigrant visas issued under section 221(a)(1)(B) of the Immigration and Nationality Act (8 U.S.C. 1201(a)(1)(B)). The Department of Justice, the Department of Homeland Security, and the Department of State shall, in conducting this study, develop recommendations on— 

(1) clearance procedures for nonimmigrant visas that 

should be eliminated; 

(2) such procedures that should be continued; 

(3) the appropriate Federal agencies or departments or entities that should participate in each such procedure; and 

(4) legislation that could be enacted to increase the efficiency and effectiveness of such procedures. 

(b) Not later than 1 year after the date of enactment of this Act, 

the Department of Justice, the Department of Homeland Security, 

and the Department of State shall jointly submit a report to the 

Committees on Appropriations of the Senate and House of Representatives which shall contain a detailed statement of the findings 

and conclusions of the study referred to in subsection (a), together 

with recommendations for such legislation and administrative actions as the Department of Justice, the Department of Homeland Security, and the Department of State consider appropriate. The report may be submitted in a classified and unclassified form. 

SEC. 629. Section 604 of the Secure Embassy Construction and 

Counterterrorism Act of 1999 (title VI of division A of H.R. 3427, 

as enacted by section 1000(a)(7) of Public Law 106–113) is amended 

by adding the following new subsection at the end: 

‘‘(e) CAPITAL SECURITY COST SHARING.— 

‘‘(1) AUTHORITY.—Notwithstanding any other provision of 

law, all agencies with personnel overseas subject to chief of mission authority pursuant to section 207 of the Foreign Service 

Act of 1980 (22 U.S.C. 3927) shall participate and provide 

funding in advance for their share of costs of providing new, 

safe, secure United States diplomatic facilities, without offsets, 

on the basis of the total overseas presence of each agency as determined annually by the Secretary of State in consultation 

with such agency. Amounts advanced by such agencies to the 

Department of State shall be credited to the Embassy Security, 

Construction and Maintenance account, and remain available 

until expended. 

115 

‘‘(2) IMPLEMENTATION.—Implementation of this subsection 

shall be carried out in a manner that encourages right-sizing 

of each agency’s overseas presence. 

‘‘(3) EXCLUSION.—For purposes of this subsection ‘agency’ 

does not include the Marine Security Guard.’’. 

SEC. 630. (a) Except as provided in subsection (b), a project to 

construct a diplomatic facility of the United States may not include 

office space or other accommodations for an employee of a Federal 

agency or department if the Secretary of State determines that such 

department or agency has not provided to the Department of State 

the full amount of funding required by subsection (e) of section 604 

of the Secure Embassy Construction and Counterterrorism Act of 

1999 (as enacted into law by section 1000(a)(7) of Public Law 106– 

113 and contained in appendix G of that Act; 113 Stat. 1501A–453), 

as added by section 629 of this Act. 

(b) Notwithstanding the prohibition in subsection (a), a project 

to construct a diplomatic facility of the United States may include 

office space or other accommodations for members of the Marine 

Corps. 

SEC. 631. It is the sense of the Congress that the Secretary of 

State, at the most immediate opportunity, should— 

(1) make a determination as to whether recent events in the 

Darfur region of Sudan constitute genocide as defined in the 

Convention on the Prevention and Punishment of the Crime of 

Genocide; and 

(2) support the investigation and prosecution of war crimes 

and crimes against humanity committed in the Darfur region 

of Sudan. 

SEC. 632. None of the funds made available in this Act shall 

be used in any way whatsoever to support or justify the use of torture by any official or contract employee of the United States Government. 

SEC. 633. (a) Section 111(b) of Public Law 102–395 (21 U.S.C. 

886a) is amended— 

(1) by redesignating paragraphs (1) through (5) as subparagraphs (A) through (E), and indenting accordingly; 

(2) in subparagraph (B), as redesignated, by striking ‘‘program.’’ and inserting ‘‘program. Such reimbursements shall be 

made without distinguishing between expenses related to controlled substance activities and expenses related to chemical activities.’’; 

(3) by striking ‘‘There is established’’ and inserting the following: ‘‘(1) IN GENERAL.—There is established’’; and 

(4) by adding at the end the following: 

‘‘(2) DEFINITIONS.—In this section: 

‘‘(A) DIVERSION CONTROL PROGRAM.—The term ‘diversion control program’ means the controlled substance and 

chemical diversion control activities of the Drug Enforcement Administration. 

‘‘(B) CONTROLLED SUBSTANCE AND CHEMICAL DIVER- SION 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.’’. 

116 

(b) Section 301 of the Controlled Substances Act (21 U.S.C. 821) 

is amended by striking ‘‘the registration and control of regulated’’ 

and all that follows through the period, and inserting ‘‘listed chemicals.’’ 

(c) Section 1088(f) of the Controlled Substances Import and Export Act (21 U.S.C. 958(f)) is amended— 

(1) by inserting ‘‘and control’’ after ‘‘the registration’’; and 

(2) by striking ‘‘list I chemicals under this section.’’ and inserting ‘‘listed chemicals.’’. 

SEC. 634. None of the funds appropriated by this Act may be 

used by the Federal Communications Commission to modify, 

amend, or change its rules or regulations for universal service support payments to implement the February 27, 2004 recommendations of the Federal-State Joint Board on Universal Service regarding single connection or primary line restrictions on universal service support payments. 

SEC. 635. The unobligated balance of the amount appropriated 

by title V of the Departments of Commerce, Justice, and State, the 

Judiciary, and Related Agencies Appropriations Act, 2002 (Public 

Law 107–77; 115 Stat. 798) for necessary expenses of the United 

States-Canada Alaska Rail Commission shall be transferred as a 

direct lump-sum payment to the University of Alaska. 

SEC. 636. Section 33(a) of the Small Business Act (15 U.S.C. 

657c(a)) is amended by adding at the end the following: ‘‘Notwithstanding any other provision of law, the Corporation is a private entity and is not an agency, instrumentality, authority, entity, or establishment of the United States Government.’’. 

SEC. 637. Of the amounts made available in this Act, $160,186,300 from ‘‘Department of State’’; $14,449,118 from ‘‘Department of Justice’’; $3,095,206 from ‘‘Department of Commerce’’; 

$213,154 from ‘‘United States Trade Representative’’; and $302,985 

from ‘‘Broadcasting Board of Governors’’ shall be available for the 

purposes of implementing the Capital Security Cost Sharing program, as provided in section 629 of the Act. 

SEC. 638. Notwithstanding 40 U.S.C. 524, 571, and 572, the 

Federal Communications Commission may sell the monitoring facilities in Honolulu, Hawaii, and Livermore, California, including 

all real property: Provided, That any sale shall be made in accordance with section 605 of this Act. 

SEC. 639. None of the funds made available in this Act may be 

used in contravention of the provisions of subsections (e) and (f) of 

section 301 of the United States Leadership Against HIV/AIDS, Tuberculosis, and Malaria Act of 2003 (Public Law 108–25; 22 U.S.C. 

7631(e) and (f)). 

SEC. 640. (a) There is hereby rescinded an amount equal to 0.54 

percent of the budget authority provided for in fiscal year 2005 for 

any discretionary account in this Act. 

(b) Any rescission made by subsection (a) shall be applied proportionately— 

(1) to each discretionary account and each item of budget 

authority described in subsection (a); and 

(2) within each such account and item, to each program, 

project, and activity (with programs, projects, and activities as 

delineated in the appropriation Act or accompanying reports for 

the relevant fiscal year covering such account or item, or for acVerDate Aug 04 2004 07:33 Dec 01, 2004 Jkt 096906 PO 00000 Frm 00120 Fmt 6659 Sfmt 6603 E:\HR\OC\HR792.XXX HR792
117 

counts and items not included in appropriation Acts, as delineated in the most recently submitted President’s budget). 

TITLE VII—RESCISSIONS 

DEPARTMENT OF JUSTICE 

GENERAL ADMINISTRATION

WORKING CAPITAL FUND

(RESCISSION)

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

LEGAL ACTIVITIES

ASSET FORFEITURE FUND

(RESCISSION)

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

OFFICE OF JUSTICE PROGRAMS

JUSTICE ASSISTANCE

(RESCISSION)

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

STATE AND LOCAL LAW ENFORCEMENT ASSISTANCE

(RESCISSION)

Of the unobligated balances available under this heading, 

$29,380,000 are rescinded. 

COMMUNITY ORIENTED POLICING SERVICES

(RESCISSION)

Of the unobligated balances available under this heading, 

$99,000,000 are rescinded. 

JUVENILE JUSTICE

(RESCISSION)

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

DEPARTMENT OF COMMERCE 

NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY

INDUSTRIAL TECHNOLOGY SERVICES

(RESCISSION)

Of the unobligated balances available under this heading for 

the Advanced Technology Program, $3,900,000 are rescinded. 

118 

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 origi- nal patent, $200. 

‘‘(E) On filing each application for the reissue of a pat- ent, $300. 

‘‘(F) The basic national fee for each international application filed under the treaty defined in section 351(a) of 

this title entering the national stage under section 371 of 

this title, $300. 

‘‘(G) In addition, excluding any sequence listing or 

computer program listing filed in an electronic medium as 

prescribed by the Director, for any application the specification and drawings of which exceed 100 sheets of paper (or 

equivalent as prescribed by the Director if filed in an electronic medium), $250 for each additional 50 sheets of paper 

(or equivalent as prescribed by the Director if filed in an 

electronic medium) or fraction thereof. 

‘‘(2) EXCESS CLAIMS FEES.—In addition to the fee specified 

in paragraph (1)— 

‘‘(A) on filing or on presentation at any other time, 

$200 for each claim in independent form in excess of 3; 

‘‘(B) on filing or on presentation at any other time, $50 

for each claim (whether dependent or independent) in excess of 20; and 

‘‘(C) for each application containing a multiple dependent claim, $360. 

For the purpose of computing fees under this paragraph, a multiple dependent claim referred to in section 112 of this title or 

any claim depending therefrom shall be considered as separate 

dependent claims in accordance with the number of claims to 

which reference is made. The Director may by regulation provide for a refund of any part of the fee specified in this paraVerDate Aug 04 2004 07:33 Dec 01, 2004 Jkt 096906 PO 00000 Frm 00122 Fmt 6659 Sfmt 6603 E:\HR\OC\HR792.XXX HR792
119 

graph for any claim that is canceled before an examination on 

the merits, as prescribed by the Director, has been made of the 

application under section 131 of this title. Errors in payment of 

the additional fees under this paragraph may be rectified in accordance with regulations prescribed by the Director. 

‘‘(3) EXAMINATION FEES.— 

‘‘(A) For examination of each application for an original patent, except for design, plant, provisional, or international applications, $200. 

‘‘(B) For examination of each application for an original design patent, $130. 

‘‘(C) For examination of each application for an original plant patent, $160. 

‘‘(D) For examination of the national stage of each 

international application, $200. 

‘‘(E) For examination of each application for the reissue 

of a patent, $600. 

The provisions of section 111(a) of this title relating to the 

payment of the fee for filing the application shall apply to the 

payment of the fee specified in this paragraph with respect to 

an application filed under section 111(a) of this title. The provisions of section 371(d) of this title relating to the payment of the 

national fee shall apply to the payment of the fee specified in 

this paragraph with respect to an international application. 

‘‘(4) ISSUE FEES.— 

‘‘(A) For issuing each original patent, except for design 

or plant patents, $1,400. 

‘‘(B) For issuing each original design patent, $800. 

‘‘(C) For issuing each original plant patent, $1,100. 

‘‘(D) For issuing each reissue patent, $1,400. 

‘‘(5) DISCLAIMER FEE.—On filing each disclaimer, $130. 

‘‘(6) APPEAL FEES.— 

‘‘(A) On filing an appeal from the examiner to the 

Board of Patent Appeals and Interferences, $500. 

‘‘(B) In addition, on filing a brief in support of the appeal, $500, and on requesting an oral hearing in the appeal 

before the Board of Patent Appeals and Interferences, 

$1,000. 

‘‘(7) REVIVAL FEES.—On filing each petition for the revival 

of an unintentionally abandoned application for a patent, for 

the unintentionally delayed payment of the fee for issuing each 

patent, or for an unintentionally delayed response by the patent 

owner in any reexamination proceeding, $1,500, unless the petition is filed under section 133 or 151 of this title, in which case 

the fee shall be $500. 

‘‘(8) EXTENSION FEES.—For petitions for 1-month extensions 

of time to take actions required by the Director in an application— 

‘‘(A) on filing a first petition, $120; 

‘‘(B) on filing a second petition, $330; and 

‘‘(C) on filing a third or subsequent petition, $570.’’. 

(b) PATENT MAINTENANCE FEES.—During fiscal years 2005 and 

2006, subsection (b) of section 41 of title 35, United States Code, 

shall be administered as though that subsection reads as follows: 

120 

‘‘(b) MAINTENANCE FEES.—The Director shall charge the following fees for maintaining in force all patents based on applications filed on or after December 12, 1980: ‘‘(1) 3 years and 6 months after grant, $900. 

‘‘(2) 7 years and 6 months after grant, $2,300. 

‘‘(3) 11 years and 6 months after grant, $3,800. 

Unless payment of the applicable maintenance fee is received in the 

United States Patent and Trademark Office on or before the date 

the fee is due or within a grace period of 6 months thereafter, the 

patent will expire as of the end of such grace period. The Director 

may require the payment of a surcharge as a condition of accepting 

within such 6-month grace period the payment of an applicable 

maintenance fee. No fee may be established for maintaining a design or plant patent in force.’’. 

(c) PATENT SEARCH FEES.—During fiscal years 2005 and 2006, 

subsection (d) of section 41 of title 35, United States Code, shall be 

administered as though that subsection reads as follows: 

‘‘(d) PATENT SEARCH AND OTHER FEES.— ‘‘(1) PATENT SEARCH FEES.— 

‘‘(A) The Director shall charge a fee for the search of 

each application for a patent, except for provisional applications. The Director shall establish the fees charged under 

this paragraph to recover an amount not to exceed the estimated average cost to the Office of searching applications 

for patent either by acquiring a search report from a qualified search authority, or by causing a search by Office personnel to be made, of each application for patent. For the 

3-year period beginning on the date of enactment of this 

Act, the fee for a search by a qualified search authority of 

a patent application described in clause (i), (iv), or (v) of 

subparagraph (B) may not exceed $500, of a patent application described in clause (ii) of subparagraph (B) may not 

exceed $100, and of a patent application described in clause 

(iii) of subparagraph (B) may not exceed $300. The Director 

may not increase any such fee by more than 20 percent in 

each of the next three 1-year periods, and the Director may 

not increase any such fee thereafter. 

‘‘(B) For purposes of determining the fees to be established under this paragraph, the cost to the Office of causing a search of an application to be made by Office personnel shall be deemed to be— 

‘‘(i) $500 for each application for an original patent, except for design, plant, provisional, or international applications; ‘‘(ii) $100 for each application for an original design patent; ‘‘(iii) $300 for each application for an original 

plant patent; ‘‘(iv) $500 for the national stage of each international application; and 

‘‘(v) $500 for each application for the reissue of a 

patent. 

‘‘(C) The provisions of section 111(a)(3) of this title relating to the payment of the fee for filing the application 

shall apply to the payment of the fee specified in this paraVerDate Aug 04 2004 07:33 Dec 01, 2004 Jkt 096906 PO 00000 Frm 00124 Fmt 6659 Sfmt 6603 E:\HR\OC\HR792.XXX HR792
121 

graph with respect to an application filed under section 

111(a) of this title. The provisions of section 371(d) of this 

title relating to the payment of the national fee shall apply 

to the payment of the fee specified in this paragraph with 

respect to an international application. 

‘‘(D) The Director may by regulation provide for a refund of any part of the fee specified in this paragraph for 

any applicant who files a written declaration of express 

abandonment as prescribed by the Director before an examination has been made of the application under section 131 

of this title, and for any applicant who provides a search 

report that meets the conditions prescribed by the Director. 

‘‘(E) For purposes of subparagraph (A), a ‘qualified 

search authority’ may not include a commercial entity unless— 

‘‘(i) the Director conducts a pilot program of limited scope, conducted over a period of not more than 18 

months, which demonstrates that searches by commercial entities of the available prior art relating to the 

subject matter of inventions claimed in patent applications— 

‘‘(I) are accurate; and 

‘‘(II) meet or exceed the standards of searches 

conducted by and used by the Patent and Trademark Office during the patent examination process; 

‘‘(ii) the Director submits a report on the results of 

the pilot program to Congress and the Patent Public 

Advisory Committee that includes— 

‘‘(I) a description of the scope and duration of 

the pilot program; 

‘‘(II) the identity of each commercial entity 

participating in the pilot program; 

‘‘(III) an explanation of the methodology used 

to evaluate the accuracy and quality of the search 

reports; and 

‘‘(IV) an assessment of the effects that the pilot 

program, as compared to searches conducted by 

the Patent and Trademark Office, had and will 

have on— 

‘‘(aa) patentability determinations; 

‘‘(bb) productivity of the Patent and 

Trademark Office; 

‘‘(cc) costs to the Patent and Trademark 

Office; 

‘‘(dd) costs to patent applicants; and 

‘‘(ee) other relevant factors; 

‘‘(iii) the Patent Public Advisory Committee reviews 

and analyzes the Director’s report under clause (ii) and 

the results of the pilot program and submits a separate 

report on its analysis to the Director and the Congress 

that includes— 

‘‘(I) an independent evaluation of the effects 

that the pilot program, as compared to searches 

conducted by the Patent and Trademark Office, 

122 

had and will have on the factors set forth in clause 

(ii)(IV); and 

‘‘(II) an analysis of the reasonableness, appropriateness, and effectiveness of the methods used in 

the pilot program to make the evaluations required 

under clause (ii)(IV); and 

‘‘(iv) Congress does not, during the 1-year period 

beginning on the date on which the Patent Public Advisory Committee submits its report to the Congress 

under clause (iii), enact a law prohibiting searches by 

commercial entities of the available prior art relating 

to the subject matter of inventions claimed in patent 

applications. 

‘‘(F) The Director shall require that any search by a 

qualified search authority that is a commercial entity is 

conducted in the United States by persons that— 

‘‘(i) if individuals, are United States citizens; and 

‘‘(ii) if business concerns, are organized under the 

laws of the United States or any State and employ 

United States citizens to perform the searches. 

‘‘(G) A search of an application that is the subject of a 

secrecy order under section 181 or otherwise involves classified information may only be conducted by Office personnel. 

‘‘(H) A qualified search authority that is a commercial 

entity may not conduct a search of a patent application if 

the entity has any direct or indirect financial interest in 

any patent or in any pending or imminent application for 

patent filed or to be filed in the Patent and Trademark Office. 

‘‘(2) OTHER FEES.—The Director shall establish fees for all 

other processing, services, or materials relating to patents not 

specified in this section to recover the estimated average cost to 

the Office of such processing, services, or materials, except that 

the Director shall charge the following fees for the following 

services: 

‘‘(A) For recording a document affecting title, $40 per 

property. 

‘‘(B) For each photocopy, $.25 per page. 

‘‘(C) For each black and white copy of a patent, $3. 

The yearly fee for providing a library specified in section 12 of 

this title with uncertified printed copies of the specifications 

and drawings for all patents in that year shall be $50.’’. 

(d) ADJUSTMENTS.—During fiscal years 2005 and 2006, subsection (f) of section 41 of title 35, United States Code, shall apply 

to the fees established under this section. 

(e) FEES FOR SMALL ENTITIES.—During fiscal years 2005 and 

2006, subsection (h) of section 41 of title 35, United States Code, 

shall be administered as though that subsection is amended— 

(1) in paragraph (1), by striking ‘‘Fees charged under subsection (a) or (b)’’ and inserting ‘‘Subject to paragraph (3), fees 

charged under subsections (a), (b), and (d)(1)’’; and 

(2) by adding at the end the following new paragraph: 

‘‘(3) The fee charged under subsection (a)(1)(A) shall be reduced by 75 percent with respect to its application to any entity 

123 

to which paragraph (1) applies, if the application is filed by 

electronic means as prescribed by the Director.’’. 

SEC. 802. ADJUSTMENT OF TRADEMARK FEES. 

(a) FEE FOR FILING APPLICATION.—During fiscal years 2005 

and 2006, under such conditions as may be prescribed by the Director, the fee under section 31(a) of the Trademark Act of 1946 (15 

U.S.C. 1113(a)) for: (a) the filing of a paper application for the registration of a trademark shall be $375; (b) the filing of an electronic 

application shall be $325; and (c) the filing of an electronic application meeting certain additional requirements prescribed by the Director shall be $275. During fiscal years 2005 and 2006, the provisions of the second and third sentences of section 31(a) of the Trademark Act of 1946 shall apply to the fees established under this section. 

(b) REFERENCE TO TRADEMARK ACT OF 1946.—For purposes of 

this section, the ‘‘Trademark Act of 1946’’ refers to the Act entitled 

‘‘An Act to provide for the registration and protection of trademarks 

used in commerce, to carry out the provisions of certain international conventions, and for other purposes.’’, approved July 5, 

1946 (15 U.S.C. 1051 et seq.). 

SEC. 803. EFFECTIVE DATE, APPLICABILITY, AND TRANSITIONAL PROVISION. 

(a) EFFECTIVE DATE.—Except as otherwise provided in this title 

(including this section), the provisions of this title shall take effect 

on the date of the enactment of this Act and shall apply only with 

respect to the remaining portion of fiscal year 2005 and fiscal year 

2006. 

(b) APPLICABILITY.— 

(1)(A) Except as provided in subparagraphs (B) and (C), 

the provisions of section 801 shall apply to all patents, whenever granted, and to all patent applications pending on or filed 

after the effective date set forth in subsection (a) of this section. 

(B)(i) Except as provided in clause (ii), subsections (a)(1) 

and (3) and (d)(1) of section 41 of title 35, United States Code, 

as administered as provided in this title, shall apply only to— 

(I) applications for patents filed under section 111 of 

title 35, United States Code, on or after the effective date 

set forth in subsection (a) of this section, and 

(II) international applications entering the national 

stage under section 371 of title 35, United States Code, for 

which the basic national fee specified in section 41 of title 

35, United States Code, was not paid before the effective 

date set forth in subsection (a) of this section. 

(ii) Section 41(a)(1)(D) of title 35, United States Code, as 

administered as provided in this title, shall apply only to applications for patent filed under section 111(b) of title 35, United 

States Code, before, on, or after the effective date set forth in 

subsection (a) of this section in which the filing fee specified in 

section 41 of title 35, United States Code, was not paid before 

the effective date set forth in subsection (a) of this section. 

(C) Section 41(a)(2) of title 35, United States Code, as administered as provided in this title, shall apply only to the extent that the number of excess claims, after giving effect to any 

cancellation of claims, is in excess of the number of claims for 

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which the excess claims fee specified in section 41 of title 35, 

United States Code, was paid before the effective date set forth 

in subsection (a) of this section. 

(2) The provisions of section 802 shall apply to all applications for the registration of a trademark filed or amended on 

or after the effective date set forth in subsection (a) of this section. 

(c) TRANSITIONAL PROVISIONS.— (1) SEARCH FEES.—During fiscal years 2005 and 2006, the 

Director shall charge— 

(A) for the search of each application for an original 

patent, except for design, plant, provisional, or international application, $500; 

(B) for the search of each application for an original 

design patent, $100; 

(C) for the search of each application for an original 

plant patent, $300; 

(D) for the search of the national stage of each international application, $500; and 

(E) for the search of each application for the reissue of 

a patent, $500. 

(2) TIMING OF FEES.—The provisions of section 111(a)(3) of 

title 35, United States Code, relating to the payment of the fee 

for filing the application shall apply to the payment of the fee 

specified in paragraph (1) with respect to an application filed 

under section 111(a) of title 35, United States Code. The provisions of section 371(d) of title 35, United States Code, relating 

to the payment of the national fee shall apply to the payment 

of the fee specified in paragraph (1) with respect to an international application. 

SEC. 804. DEFINITION. 

In this title, the term ‘‘Director’’ means the Under Secretary of 

Commerce for Intellectual Property and Director of the United 

States Patent and Trademark Office. 

TITLE IX—OCEANS AND HUMAN HEALTH ACT 

SEC. 901. SHORT TITLE. 

This title may be cited as the ‘‘Oceans and Human Health Act’’. 

SEC. 902. INTERAGENCY OCEANS AND HUMAN HEALTH RESEARCH 

PROGRAM. 

(a) COORDINATION.—The President, through the National 

Science and Technology Council, shall coordinate and support a national research program to improve understanding of the role of the 

oceans in human health. 

(b) IMPLEMENTATION PLAN.—Within 1 year after the date of enactment of this Act, the National Science and Technology Council, 

through the Director of the Office of Science and Technology Policy 

shall develop and submit to the Congress a plan for coordinated 

Federal activities under the program. Nothing in this subsection is 

intended to duplicate or supersede the activities of the Inter-Agency 

Task Force on Harmful Algal Blooms and Hypoxia established 

under section 603 of the Harmful Algal Bloom and Hypoxia Research and Control Act of 1998 (16 U.S.C. 1451 note). In developing 

the plan, the Committee will consult with the Inter-Agency Task 

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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 preventing unnecessary duplication of effort among Federal agencies and departments with respect to the program; 

(5) consider and use, as appropriate, reports and studies 

conducted by Federal agencies and departments, the National 

Research Council, the Ocean Research Advisory Panel, the 

Commission on Ocean Policy and other expert scientific bodies; 

(6) make recommendations for the coordination of program 

activities with ocean and human health-related activities of 

other national and international organizations; and 

(7) estimate Federal funding for research activities to be 

conducted under the program. 

(c) PROGRAM SCOPE.—The program may include the following 

activities related to the role of oceans in human health: 

(1) Interdisciplinary research among the ocean and medical 

sciences, and coordinated research and activities to improve understanding of processes within the ocean that may affect 

human health and to explore the potential contribution of marine organisms to medicine and research, including— 

(A) vector- and water-borne diseases of humans and 

marine organisms, including marine mammals and fish; 

(B) harmful algal blooms and hypoxia (through the 

Inter-Agency Task Force on Harmful Algal Blooms and Hypoxia); 

(C) marine-derived pharmaceuticals; 

(D) marine organisms as models for biomedical research and as indicators of marine environmental health; 

(E) marine environmental microbiology; 

(F) bioaccumulative and endocrine-disrupting chemical 

contaminants; and 

(G) predictive models based on indicators of marine environmental health or public health threats. 

(2) Coordination with the National Ocean Research Leadership Council (10 U.S.C. 7902(a)) to ensure that any integrated 

ocean and coastal observing system provides information necVerDate Aug 04 2004 07:33 Dec 01, 2004 Jkt 096906 PO 00000 Frm 00129 Fmt 6659 Sfmt 6603 E:\HR\OC\HR792.XXX HR792
126 

essary to monitor and reduce marine public health problems including health-related data on biological populations and detection of contaminants in marine waters and seafood. 

(3) Development through partnerships among Federal agencies, States, academic institutions, or non-profit research organizations of new technologies and approaches for detecting and 

reducing hazards to human health from ocean sources and to 

strengthen understanding of the value of marine biodiversity to 

biomedicine, including— 

(A) genomics and proteomics to develop genetic and 

immunological detection approaches and predictive tools 

and to discover new biomedical resources; 

(B) biomaterials and bioengineering; 

(C) in situ and remote sensors used to detect, quantify, 

and predict the presence and spread of contaminants in 

marine waters and organisms and to identify new genetic 

resources for biomedical purposes; 

(D) techniques for supplying marine resources, including chemical synthesis, culturing and aquaculturing marine organisms, new fermentation methods and recombinant techniques; and 

(E) adaptation of equipment and technologies from 

human health fields. 

(4) Support for scholars, trainees and education opportunities that encourage an interdisciplinary and international approach to exploring the diversity of life in the oceans. 

(d) ANNUAL REPORT.—Beginning with the first year occurring 

more than 24 months after the date of enactment of this Act, the National Science and Technology Council, through the Director of the 

Office of Science and Technology Policy shall prepare and submit 

to the President and the Congress not later than January 31st of 

each year an annual report on the activities conducted pursuant to 

this title during the preceding fiscal year, including— 

(1) a summary of the achievements of Federal oceans and 

human health research, including Federally supported external 

research, during the preceding fiscal year; 

(2) an analysis of the progress made toward achieving the 

goals and objectives of the plan developed under subsection (b), 

including identification of trends and emerging trends; 

(3) a copy or summary of the plan and any changes made 

in the plan; 

(4) a summary of agency budgets for oceans and human 

health activities for that preceding fiscal year; and 

(5) any recommendations regarding additional action or 

legislation that may be required to assist in achieving the purposes of this title. 

SEC. 903. NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION 

OCEANS AND HUMAN HEALTH INITIATIVE. 

(a) ESTABLISHMENT.—As part of the interagency oceans and 

human health research program, the Secretary of Commerce is authorized to establish an Oceans and Human Health Initiative to coordinate and implement research and activities of the National Oceanic and Atmospheric Administration related to the role of the 

oceans, the coasts, and the Great Lakes in human health. In carrying out this section, the Secretary shall consult with other Federal 

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agencies conducting integrated oceans and human health research 

and research in related areas, including the National Science Foundation. The Oceans and Human Health Initiative is authorized to 

provide support for— 

(1) centralized program and research coordination; 

(2) an advisory panel; 

(3) one or more National Oceanic and Atmospheric Administration national centers of excellence; 

(4) research grants; and 

(5) distinguished scholars and traineeships. 

(b) ADVISORY PANEL.—The Secretary is authorized to establish 

an oceans and human health advisory panel to assist in the development and implementation of the Oceans and Human Health Initiative. Membership of the advisory group shall provide for balanced representation of individuals with multi-disciplinary expertise in the marine and biomedical sciences. The Federal Advisory 

Committee Act (5 U.S.C. App.) shall not apply to the oceans and 

human health advisory panel. 

(c) NATIONAL CENTERS.— 

(1) The Secretary is authorized to identify and provide financial support through a competitive process to develop, within the National Oceanic and Atmospheric Administration, for 

one or more centers of excellence that strengthen the capabilities 

of the National Oceanic and Atmospheric Administration to 

carry out its programs and activities related to the oceans’ role 

in human health. 

(2) The centers shall focus on areas related to agency missions, including use of marine organisms as indicators for marine environmental health, ocean pollutants, marine toxins and 

pathogens, harmful algal blooms, hypoxia, seafood testing, 

identification of potential marine products, and biology and 

pathobiology of marine mammals, and on disciplines including 

marine genomics, marine environmental microbiology, ecological chemistry and conservation medicine. 

(3) In selecting centers for funding, the Secretary will give 

priority to proposals with strong interdisciplinary scientific 

merit that encourage educational opportunities and provide for 

effective partnerships among the Administration, other Federal 

entities, State, academic, non-profit research organizations, 

medical, and industry participants. 

(d) EXTRAMURAL RESEARCH GRANTS.— 

(1) The Secretary is authorized to provide grants of financial assistance to the scientific community for critical research 

and projects that explore the relationship between the oceans 

and human health and that complement or strengthen programs and activities of the National Oceanic and Atmospheric 

Administration related to the ocean’s role in human health. Officers and employees of Federal agencies may collaborate with, 

and participate in, such research and projects to the extent requested by the grant recipient. The Secretary shall consult with 

the oceans and human health advisory panel established under 

subsection (b) and may work cooperatively with other agencies 

participating in the interagency program to establish joint criteria for such research and projects. 

128 

(2) Grants under this subsection shall be awarded through 

a competitive peer-reviewed, merit-based process that may be 

conducted jointly with other agencies participating in the interagency program. 

(e) TRAINEESHIPS.—The Secretary of Commerce is authorized to 

establish a program to provide traineeships, training, and experience to pre-doctoral and post-doctoral students and to scientists at 

the beginning of their careers who are interested in the oceans in 

human health research conducted under the NOAA initiative. 

SEC. 904. PUBLIC INFORMATION AND OUTREACH. 

(a) IN GENERAL.—The Secretary of Commerce, in consultation 

with other Federal agencies, and in cooperation with the National 

Sea Grant program, shall design and implement a program to disseminate information developed under the NOAA Oceans and 

Human Health Initiative, including research, assessments, and 

findings regarding the relationship between oceans and human 

health, on both a regional and national scale. The information, particularly with respect to potential health risks, shall be made available in a timely manner to appropriate Federal or State agencies, 

involved industries, and other interested persons through a variety 

of means, including through the Internet. 

(b) REPORT.—As part of this program, the Secretary shall submit to Congress an annual report reviewing the results of the research, assessments, and findings developed under the NOAA 

Oceans and Human Health Initiative, as well as recommendations 

for improving or expanding the program. 

SEC. 905. AUTHORIZATION OF APPROPRIATIONS. 

There are authorized to be appropriated to the Secretary of 

Commerce to carry out the National Oceanic and Atmospheric Administration Oceans and Human Health Initiative, $60,000,000 for 

fiscal years 2005 through 2008. Not less than 50 percent of the 

amounts appropriated to carry out the initiative shall be utilized in 

each fiscal year to support the extramural grant and traineeship 

programs of the Initiative. 

This division may be cited as the ‘‘Departments of Commerce, 

Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 2005’’. 

DIVISION C—ENERGY AND WATER DEVELOPMENT 

APPROPRIATIONS ACT, 2005 

TITLE I 

DEPARTMENT OF DEFENSE—CIVIL 

DEPARTMENT OF THE ARMY 

CORPS OF ENGINEERS—CIVIL

The following appropriations shall be expended under the direction of the Secretary of the Army and the supervision of the Chief 

of Engineers for authorized civil functions of the Department of the 

Army pertaining to rivers and harbors, flood control, shore protection and storm damage reduction, aquatic ecosystem restoration, 

and related purposes. 

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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 wellbeing of the State of Hawaii and the nation: Provided further, That 

in conducting the Southwest Valley Flood Damage Reduction Study, 

Albuquerque, New Mexico, the Secretary of the Army, acting 

through the Chief of Engineers, shall include an evaluation of flood 

damage reduction measures that would otherwise be excluded from 

the feasibility analysis based on policies regarding the frequency of 

flooding, the drainage areas, and the amount of runoff: Provided 

further, That for the Ohio Riverfront, Cincinnati, Ohio, project, the 

cost of planning and design undertaken by non-Federal interests 

shall be credited toward the non-Federal share of project design 

costs. 

CONSTRUCTION, GENERAL

For expenses necessary for the construction of river and harbor, 

flood control, shore protection and storm damage reduction, aquatic 

ecosystem restoration, and related projects authorized by law; for 

conducting detailed studies, and plans and specifications, of such 

projects (including those for development with participation or 

under consideration for participation by States, local governments, 

or private groups) authorized or made eligible for selection by law 

(but such detailed studies, and plans and specifications, shall not 

constitute a commitment of the Government to construction); and for 

the benefit of federally listed species to address the effects of civil 

works projects owned or operated by the United States Army Corps 

of Engineers, $1,796,089,000, to remain available until expended, of 

which such sums as are necessary to cover the Federal share of construction costs for facilities under the Dredged Material Disposal 

Facilities program shall be derived from the Harbor Maintenance 

Trust Fund as authorized by Public Law 104–303; and of which 

such sums as are necessary pursuant to Public Law 99–662 shall 

be derived from the Inland Waterways Trust Fund, to cover one-half 

of the costs of construction and rehabilitation of inland waterways 

projects, (including the rehabilitation costs for Lock and Dam 11, 

Mississippi River, Iowa; Lock and Dam 19, Mississippi River, Iowa; 

Lock and Dam 24, Mississippi River, Illinois and Missouri; and 

Lock and Dam 3, Mississippi River, Minnesota) shall be derived 

from the Inland Waterways Trust Fund: Provided, That using 

$12,500,000 of the funds appropriated herein, the Secretary of the 

130 

Army, acting through the Chief of Engineers, is directed to continue 

construction of the Dallas Floodway Extension, Texas, project, including the Cadillac Heights feature, generally in accordance with 

the Chief of Engineers report dated December 7, 1999: Provided further, That the Secretary of the Army is directed to accept advance 

funds, pursuant to section 11 of the River and Harbor Act of 1925, 

from the non-Federal sponsor of the Los Angeles Harbor, California, 

project authorized by section 101(b)(5) of Public Law 106–541: Provided further, That the Secretary of the Army is directed to accept 

advance funds, or any portion thereof, pursuant to section 11 of the 

River and Harbor Act of 1925, from the non-Federal sponsor of the 

Oakland Harbor, California, project authorized by section 101(a)(7) 

of Public Law 106–53: Provided further, That the Secretary of the 

Army, acting through the Chief of Engineers, is directed to use 

$500,000 of the funds provided herein to continue construction of 

the Hawaii Water Management Project: Provided further, That the 

Secretary of the Army, acting through the Chief of Engineers, is directed to use $3,000,000 of the funds appropriated herein to continue construction of the navigation project at Kaumalapau Harbor, 

Hawaii: Provided further, That the Secretary of the Army, acting 

through the Chief of Engineers, is directed to use $3,000,000 of the 

funds provided herein for the Dam Safety and Seepage/Stability 

Correction Program to complete construction of seepage control features and repairs to the tainter gates at Waterbury Dam, Vermont: 

Provided further, That the Secretary of the Army, acting through 

the Chief of Engineers, is directed to use $9,000,000 of the funds appropriated herein to proceed with planning, engineering, design or 

construction of the Grundy, Buchanan County, and Dickenson 

County, Virginia, elements of the Levisa and Tug Forks of the Big 

Sandy River and Upper Cumberland River Project: Provided further, That the Secretary of the Army, acting through the Chief of 

Engineers, is directed to use $15,000,000 of the funds appropriated 

herein to continue with the planning, engineering, design or construction of the Lower Mingo County, Upper Mingo County, Wayne 

County, McDowell County, West Virginia, elements of the Levisa 

and Tug Forks of the Big Sandy River and Upper Cumberland 

River Project: Provided further, That the Secretary of the Army, acting through the Chief of Engineers, is directed to continue the 

Dickenson County Detailed Project Report as generally defined in 

Plan 4 of the Huntington District Engineer’s Draft Supplement to 

the section 202 General Plan for Flood Damage Reduction dated 

April 1997, including all Russell Fork tributary streams within the 

County and special considerations as may be appropriate to address 

the unique relocations and resettlement needs for the flood prone 

communities within the County: Provided further, That the Secretary of the Army, acting through the Chief of Engineers, is directed to use $8,750,000 of the funds appropriated herein for the 

Clover Fork, City of Cumberland, Town of Martin, Pike County (including Levisa Fork and Tug Fork Tributaries), Bell County, Harlan County in accordance with the Draft Detailed Project Report 

dated January 2002, Floyd County, Martin County, Johnson County, and Knox County, Kentucky, detailed project report, elements of 

the Levisa and Tug Forks of the Big Sandy River and Upper Cumberland River: Provided further, That the Secretary of the Army, 

acting through the Chief of Engineers, is directed to continue with 

131 

the construction of the Seward Harbor, Alaska, project, in accordance with the Report of the Chief of Engineers, dated June 8, 1999, 

and the economic justification contained therein: Provided further, 

That the Secretary of the Army, acting through the Chief of Engineers, is directed to continue with the construction of the False Pass, 

Alaska, project, in accordance with the Report of the Chief of Engineers, dated December 29, 2000: Provided further, That the Secretary of the Army, acting through the Chief of Engineers, is directed to proceed with construction of the Sand Point Harbor, Alaska project, in accordance with the Report of the Chief of Engineers, 

dated October 13, 1998, and the economic justification contained 

therein: Provided further, That the Secretary of the Army, acting 

through the Chief of Engineers, is directed to design and construct 

modifications to the Federal navigation project at Thomsen Harbor, 

Sitka, Alaska, authorized by Section 101 of the Water Resources Development Act of 1992: Provided further, That the Secretary of the 

Army, acting through the Chief of Engineers, shall correct the design deficiency at Thomsen Harbor, Sitka, Alaska, by adding to, or 

extending, the existing breakwaters to reduce wave and swell motion 

within the harbor at an additional cost of $1,000,000 at full Federal 

expense: Provided further, That the Secretary of the Army, acting 

through the Chief of Engineers, is directed and authorized to continue the work to replace and upgrade the dam and all connections 

to the existing system at Kake, Alaska: Provided further, That the 

Secretary of the Army, acting through the Chief of Engineers, is directed to continue with the construction of the Wrangell Harbor, 

Alaska, project in accordance with the Chief of Engineer’s report 

dated December 23, 1999: Provided further, That the Secretary of 

the Army, acting through the Chief of Engineers, is directed to proceed with the construction of the New York and New Jersey Harbor 

project, 50-foot deepening element, upon execution of the Project Cooperation Agreement: Provided further, That no funds made available under this Act or any other Act for any fiscal year may be used 

by the Secretary of the Army to carry out the construction of the 

Port Jersey element of the New York and New Jersey Harbor or reimbursement to the Local Sponsor for the construction of the Port 

Jersey element until commitments for construction of container handling facilities are obtained from the non-Federal sponsor for a second user along the Port Jersey element: Provided further, That the 

Secretary of the Army, acting through the Chief of Engineers, is directed to use funds appropriated for the navigation project, Tampa 

Harbor, Florida, to carry out, as part of the project, construction of 

passing lanes in an area approximately 3.5 miles long, centered on 

Tampa Bay Cut B, if the Secretary determines that such construction is technically sound, environmentally acceptable, and cost effective: Provided further, That using $750,000 of the funds appropriated herein, the Secretary of the Army, acting through the Chief 

of Engineers, is authorized and directed to plan, design, and initiate reconstruction of the Cape Girardeau, Missouri, project, originally authorized by the Flood Control Act of 1950, at an estimated 

total cost of $9,000,000, with cost sharing on the same basis as cost 

sharing for the project as originally authorized, if the Secretary determines that the reconstruction is technically sound and environmentally acceptable: Provided further, That the planned reconstruction shall be based on the most cost-effective engineering solution 

132 

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 MiniRaise), California, project, up to $5,000,000 of those funds be directed for the permanent bridge, with all remaining devoted to the 

Mini-Raise: Provided further, That the Secretary of the Army is directed to use $1,365,000 of the funds appropriated herein to construct a project for flood control, Cass River, Spaulding Township, 

Michigan, pursuant to section 205 of the Flood Control Act of 1948 

(33 U.S.C. 701s), notwithstanding that the benefits of the project 

may not exceed the estimated costs of the project: Provided further, 

That the non-Federal interest for the project shall receive credit towards its share of project costs in the amount of $345,000 for work 

carried out by the non-Federal interest on the project prior to entering into a project cooperation agreement: Provided further, That the 

Secretary of the Army, acting through the Chief of Engineers, is directed to undertake and fund a demonstration project utilizing the 

Bidlocker system of escrowing contract bid documents: Provided further, that the system should provide a method of securing bidder 

documents prior to the award of the contracts, thus allowing the 

contractor to provide those documents to the Government in the case 

of disputes: Provided further, that the demonstration project should 

include use of the system on at least three contracts: Provided further, that a report on the results of the demonstration project shall 

be provided within one year of the date of enactment of this Act. 

FLOOD CONTROL, MISSISSIPPI RIVER AND TRIBUTARIES, ARKANSAS, IL- LINOIS, KENTUCKY, LOUISIANA, MISSISSIPPI, MISSOURI, AND TEN- NESSEE

For expenses necessary for the flood damage reduction program 

for the Mississippi River alluvial valley below Cape Girardeau, Missouri, as authorized by law, $324,500,000, to remain available until 

expended: Provided, That the Secretary of the Army, acting through 

the Chief of Engineers, using $12,000,000 of the funds provided 

herein, is directed to continue design and real estate activities and 

to initiate the pump supply contract for the Yazoo Basin, Yazoo 

Backwater Pumping Plant, Mississippi: Provided further, That the 

pump supply contract shall be performed by awarding continuing 

contracts in accordance with 33 U.S.C. 621: Provided further, That 

the Secretary of the Army, acting through the Chief of Engineers is 

directed, with $500,000 appropriated herein, to continue construction of water withdrawal features of the Grand Prairie, Arkansas, 

project. 

OPERATION AND MAINTENANCE

For expenses necessary for the operation, maintenance, and care 

of existing river and harbor, flood and storm damage reduction, 

aquatic ecosystem restoration, and related projects authorized by 

law; for the benefit of federally listed species to address the effects 

of civil works projects owned or operated by the United States Army 

Corps of Engineers; for providing security for infrastructure owned 

133 

and operated by, or on behalf of, the United States Army Corps of 

Engineers, including administrative buildings and facilities, laboratories, and the Washington Aqueduct; for the maintenance of harbor 

channels provided by a State, municipality, or other public agency 

that serve essential navigation needs of general commerce, where 

authorized by law; and for surveys and charting of northern and 

northwestern lakes and connecting waters, clearing and straightening channels, and removal of obstructions to navigation, 

$1,959,101,000, to remain available until expended, of which such 

sums as are necessary to cover the Federal share of operation and 

maintenance costs for coastal harbors and channels shall be derived 

from the Harbor Maintenance Trust Fund, pursuant to Public Law 

99–662 may be derived from that fund; of which such sums as become available from the special account for the United States Army 

Corps of Engineers established by the Land and Water Conservation 

Act of 1965, as amended (16 U.S.C. 460l–6a(i)), may be derived 

from that account for resource protection, research, interpretation, 

and maintenance activities related to resource protection in the 

areas at which outdoor recreation is available; and of which such 

sums as become available under section 217 of the Water Resources 

Development Act of 1996, Public Law 104–303, shall be used to 

cover the cost of operation and maintenance of the dredged material 

disposal facilities for which fees have been collected: Provided, That 

utilizing funds appropriated herein, for the Intracoastal Waterway, 

Delaware River to Chesapeake Bay, Delaware and Maryland, the 

Secretary of the Army, acting through the Chief of Engineers, is directed to reimburse the State of Delaware for normal operation and 

maintenance costs incurred by the State of Delaware for the SR1 

Bridge from station 58∂00 to station 293∂00 between October 1, 

2003, and September 30, 2004: Provided further, That the Secretary 

of the Army, acting through the Chief of Engineers, is directed to 

use funds appropriated herein to rehabilitate the existing dredged 

material disposal site for the project for navigation, Bodega Bay 

Harbor, California, and to continue maintenance dredging of the 

Federal channel: Provided further, That the Secretary shall make 

suitable material excavated from the Bodega Bay Harbor, California, disposal site as part of the rehabilitation effort available to 

the non-Federal sponsor, at no cost to the Federal Government, for 

use by the non-Federal sponsor in the development of public facilities: Provided further, That the Secretary of the Army, acting 

through the Chief of Engineers, is authorized to undertake, at full 

federal expense, a detailed evaluation of the Albuquerque levees for 

purposes of determining structural integrity, impacts of vegetative 

growth, and performance under current hydrological conditions: 

Provided further, That using $175,000 provided herein, the Secretary of the Army, acting through the Chief of Engineers is authorized to remove the sunken vessel, State of Pennsylvania from the 

Christina River in Delaware: Provided further, That the Corps of 

Engineers shall not allocate any funds to deposit dredged material 

along the Laguna Madre portion of the Gulf Intracoastal Waterway 

except at the placement areas specified in the Dredged Material 

Management Plan in section 2.11 of the Final Environmental Impact Statement for Maintenance Dredging of the Gulf Intracoastal 

Waterway, Laguna Madre, Texas, Nueces, Kleberg, Kenedy, Willacy, 

and Cameron Counties, Texas, prepared by the Corps of Engineers 

134 

dated September 2003: Provided further, That nothing in the above 

proviso shall prevent the Corps of Engineers from performing necessary maintenance operations along the Gulf Intracoastal Waterway if the following conditions are met: if the Corps proposes to use 

any placement areas that are not currently specified in the Dredged 

Material Management Plan and failure to use such alternative 

placement areas will result in the closure of any segment of the Gulf 

Intracoastal Waterway, then such proposal shall be analyzed in an 

Environmental Impact Statement (EIS) and comply with all other 

applicable requirements of the National Environmental Policy Act, 

42 U.S.C. 4321, et seq., and all other applicable State and Federal 

laws, including the Clean Water Act, 33 U.S.C. 1251 et seq., the Endangered Species Act, 16 U.S.C. 1531 et seq., and the Coastal Zone 

Management Act, 16 U.S.C. 1451 et seq.: Provided further, That, of 

the funds made available, $7,000,000 is to be used to perform work 

authorized in Section 136 of Public Law 108–357. 

REGULATORY PROGRAM

For expenses necessary for administration of laws pertaining to 

regulation of navigable waters and wetlands, $145,000,000, to remain available until expended. 

FORMERLY UTILIZED SITES REMEDIAL ACTION PROGRAM

For expenses necessary to clean up contamination from sites in 

the United States resulting from work performed as part of the Nation’s early atomic energy program, $165,000,000, to remain available until expended. 

GENERAL EXPENSES

For expenses necessary for general administration and related 

civil works functions in the headquarters of the United States Army 

Corps of Engineers, the offices of the Division Engineers, the Humphreys Engineer Center Support Activity, the Institute for Water Resources, the United States Army Engineer Research and Development Center, and the United States Army Corps of Engineers Finance Center, $167,000,000, to remain available until expended: 

Provided, That no part of any other appropriation provided in title 

I of this Act shall be available to fund the civil works activities of 

the Office of the Chief of Engineers or the civil works executive direction and management activities of the division offices: Provided 

further, That none of these funds shall be available to support an 

office of congressional affairs within the executive office of the Chief 

of Engineers. 

OFFICE OF ASSISTANT SECRETARY OF THE ARMY (CIVIL WORKS)

For expenses necessary for the Office of Assistant Secretary of 

the Army (Civil Works), as authorized by 10 U.S.C. 3016(b)(3), 

$4,000,000. 

ADMINISTRATIVE PROVISION

Appropriations in this title shall be available for official reception and representation expenses (not to exceed $5,000); and during 

the current fiscal year the Revolving Fund, Corps of Engineers, 

135 

shall be available for purchase (not to exceed 100 for replacement 

only) and hire of passenger motor vehicles. 

GENERAL PROVISIONS

CORPS OF ENGINEERS—CIVIL

SEC. 101. Beginning in fiscal year 2005 and thereafter, agreements proposed for execution by the Assistant Secretary of the Army 

for Civil Works or the United States Army Corps of Engineers after 

the date of the enactment of this Act pursuant to section 4 of the 

Rivers and Harbor Act of 1915, Public Law 64–291; section 11 of 

the River and Harbor Act of 1925, Public Law 68–585; the Civil 

Functions Appropriations Act, 1936, Public Law 75–208; section 215 

of the Flood Control, Act of 1968, as amended, Public Law 90–483; 

sections 104, 203, and 204 of the Water Resources Development Act 

of 1986, as amended, Public Law 99–662; section 206 of the Water 

Resources Development Act of 1992, as amended, Public Law 102– 

580; section 211 of the Water Resources Development Act of 1996, 

Public Law 104–303; and any other specific project authority, shall 

be limited to credits and reimbursements per project not to exceed 

$10,000,000 in each fiscal year, and total credits and reimbursements for all applicable projects not to exceed $50,000,000 in each 

fiscal year, except that for environmental infrastructure projects, the 

$10,000,000 limitation shall apply to each state wherein such 

projects are undertaken. 

SEC. 102. None of the funds appropriated in this or any other 

Act may be used by the United States Army Corps of Engineers to 

support activities related to the proposed Ridge Landfill in 

Tuscarawas County, Ohio. 

SEC. 103. None of the funds appropriated in this or any other 

Act shall be used to demonstrate or implement any plans divesting 

or transferring any Civil Works missions, functions, or responsibilities of the United States Army Corps of Engineers to other government agencies without specific direction in a subsequent Act of Congress. 

SEC. 104. ALAMOGORDO, NEW MEXICO. The project for flood protection at Alamogordo, New Mexico, authorized by the Flood Control 

Act of 1962 (Public Law 87–874), is modified to authorize and direct the Secretary to construct a flood detention basin to protect the 

north side of the City of Alamogordo, New Mexico, from flooding. 

The flood detention basin shall be constructed to provide protection 

from a 100-year flood event. The project cost share for the flood detention basin shall be consistent with section 103(a) of the Water Resources Development Act of 1986, notwithstanding section 202(a) of 

the Water Resources Development Act of 1996. 

SEC. 105. None of the funds appropriated in this or any other 

Act may be used by the United States Army Corps of Engineers to 

support activities related to the proposed Indian Run Sanitary 

Landfill in Sandy Township, Stark County, Ohio. 

SEC. 106. ST. GEORGES BRIDGE, DELAWARE. None of the funds 

made available in this Act may be used to carry out any activity relating to closure or removal of the St. Georges Bridge across the Intracoastal Waterway, Delaware River to Chesapeake Bay, Delaware 

and Maryland, including a hearing or any other activity relating to 

136 

preparation of an environmental impact statement concerning the 

closure or removal. 

SEC. 107. WATER REALLOCATION, LAKE CUMBERLAND, KEN- TUCKY. (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 U.S. Bureau of Reclamation dam in Tahoe City, California. 

(b) ESTABLISHMENT OF PROGRAM.—The Secretary may establish 

a program for providing environmental assistance to non-Federal 

interests in Lake Tahoe Basin. 

(c) FORM OF ASSISTANCE.—Assistance under this section may be 

in the form of planning, design, and construction assistance for 

water-related environmental infrastructure and resource protection 

and development projects in Lake Tahoe Basin— 

(1) urban stormwater conveyance, treatment and related facilities; 

(2) watershed planning, science and research; 

(3) environmental restoration; and 

(4) surface water resource protection and development. 

(d) PUBLIC OWNERSHIP REQUIREMENT.—The Secretary may provide assistance for a project under this section only if the project is 

publicly owned. 

(e) LOCAL COOPERATION AGREEMENT.— 

(1) IN GENERAL.—Before providing assistance under this 

section, the Secretary shall enter into a local cooperation agreement with a non-Federal interest to provide for design and construction of the project to be carried out with the assistance. 

(2) REQUIREMENTS.—Each local cooperation agreement entered into under this subsection shall provide for the following: 

(A) PLAN.—Development by the Secretary, in consultation with appropriate Federal and State and Regional officials, of appropriate environmental documentation, engineering plans and specifications. 

(B) LEGAL AND INSTITUTIONAL STRUCTURES.—Establishment of such legal and institutional structures as are 

necessary to ensure the effective long-term operation of the 

project by the non-Federal interest. 

(3) COST SHARING.— (A) IN GENERAL.—The Federal share of project costs 

under each local cooperation agreement entered into under 

this subsection shall be 75 percent. The Federal share may 

be in the form of grants or reimbursements of project costs. 

(B) CREDIT FOR DESIGN WORK.—The non-Federal interest shall receive credit for the reasonable costs of planning 

137 

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 RELOCA- TIONS.—The non-Federal interest shall receive credit for 

land, easements, rights-of-way, and relocations provided by 

the non-Federal interest toward the non-Federal share of 

project costs (including all reasonable costs associated with 

obtaining permits necessary for the construction, operation, 

and maintenance of the project on publicly owned or controlled land), but not to exceed 25 percent of total project 

costs. 

(D) OPERATION AND MAINTENANCE.—The non-Federal 

share of operation and maintenance costs for projects constructed with assistance provided under this section shall 

be 100 percent. 

(f) APPLICABILITY OF OTHER FEDERAL AND STATE LAWS.—Nothing in this section waives, limits, or otherwise affects the applicability of any provision of Federal or State law that would otherwise 

apply to a project to be carried out with assistance provided under 

this section. 

(g) AUTHORIZATION OF APPROPRIATIONS.—There is authorized 

to be appropriated to carry out this section for the period beginning 

with fiscal year 2005, $25,000,000, to remain available until expended. 

SEC. 109. WATERSHED MANAGEMENT AND DEVELOPMENT. Section 503 of the Water Resources Development Act of 1996 (110 Stat. 

3756) is amended in subsection (c) by inserting the following: ‘‘The 

non-Federal share of the cost to provide assistance for the Lake 

Tahoe watershed, California and Nevada, and Walker River Basin, 

Nevada may be provided as work-in-kind.’’. 

SEC. 110. The Assistant Secretary of the Army for Civil Works 

shall enter into an agreement with the Orange County Water District, Orange County, California for purposes of water conservation 

storage and operations to provide at a minimum a conservation 

level up to elevation 498 feet mean sea level during the flood season, 

and up to elevation 505 feet mean sea level during the non-flood 

season at Prado Dam, California. The Orange County Water District shall pay to the Government only the separable costs associated 

with implementation and operation and maintenance of Prado Dam 

for water conservation. 

SEC. 111. BLACK WARRIOR-TOMBIGBEE RIVERS, ALABAMA. (a) IN

GENERAL.—The Secretary is authorized to construct a new project 

management office located in the city of Tuscaloosa, Alabama, at a 

location within the vicinity of the city, at full Federal expense. 

(b) TRANSFER OF LAND AND STRUCTURES.—The Secretary is authorized to convey, or otherwise transfer to the city of Tuscaloosa, 

Alabama, at fair market value, the land and structures associated 

with the existing project management office, if the city agrees to assume full responsibility for demolition of the existing project management office. 

(c) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to 

be appropriated to carry out subsection (a) $32,000,000. 

SEC. 112. Within 75 days of the date of the Chief of Engineers 

Report on a water resource matter, the Assistant Secretary of the 

138 

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 non-Federal share of project 

costs if the Secretary determines that the work is integral to the 

project. 

SEC. 117. Notwithstanding any other provision of law, the Secretary of the Army is authorized to carry out, at full Federal expense, structural and non-structural projects for storm damage prevention and reduction, coastal erosion, and ice and glacial damage 

in Alaska, including relocation of affected communities and construction of replacement facilities. 

SEC. 118. COOK INLET, ALASKA. (a) ANCHORAGE HARBOR.— 

(1) HARBOR DEPTH.—The project for navigation improvements, Cook Inlet, Alaska (Anchorage Harbor, Alaska), authorized by section 101 of the River and Harbor Act of 1958 (72 

Stat. 299) and modified by section 199 of the Water Resources 

Development Act of 1976 (90 Stat. 2944), is further modified to 

direct the Secretary of the Army to construct a harbor depth of 

minus 45 feet mean lower low water for a length of 10,860 feet 

at the modified Port of Anchorage intermodal marine facility at 

each phase of facility modification as such phases are completed and thereafter as the entire project is completed. 

139 

(2) COST-SHARING.—If the Secretary determines that the 

modified Port of Anchorage will be used by vessels operated by 

the Department of Defense that have a draft of greater than 35 

feet, the modification referred to in paragraph (1) shall be at 

full federal expense. 

(3) TRANSITIONAL DREDGING.—Before completion of the 

project modification described in paragraph (1), the Secretary 

may conduct dredging to a depth of at least minus 35 feet mean 

lower low water in such locations as will allow maintenance of 

navigation and vessel access to the Port of Anchorage intermodal marine facility during modification of such facility. Such 

work shall be carried out by the Secretary in accordance with 

section 101 of the River and Harbor Act of 1958. 

(4) FACILITATING FACILITY MODIFICATION.—Before establishing the harbor depth of minus 45 feet mean lower low 

water, the Secretary may undertake dredging in accordance 

with section 101 of the River and Harbor Act of 1958 within the 

design footprint of the modified intermodal marine facility referred to in paragraph (1) to facilitate modification. The Secretary may carry out such dredging as part of operation and 

maintenance of the project modified by paragraph (1). 

(5) MAINTENANCE.—Federal maintenance shall continue for 

the existing project until the modified intermodal marine facility is completed. Federal maintenance of the modified project 

shall be in accordance with section 101 of the River and Harbor 

Act of 1958; except that the project shall be maintained at a 

depth of minus 45 feet mean lower low water for 10,860 feet referred to in paragraph (1). 

(b) NAVIGATION CHANNEL.—The Secretary shall modify the 

channel in the exiting Cook Inlet Navigation Channel approach to 

Anchorage Harbor, Alaska, to run the entire length of Fire Island 

Range and Point Woronzof Range and shall modify the depth of 

that channel to minus 45 feet mean lower low water. The channel 

shall be maintained at a depth of minus 45 feet mean lower low 

water. 

(c) HYDRODYNAMIC MODELING.—The Secretary shall carry out 

hydrodynamic modeling of the Knik Arm to identify causes of, and 

measures to address, shoaling at the Port of Anchorage, at a total 

cost of $3,000,000. 

(d) ALTERNATIVES ANALYSIS.—No alternative other than the alternative authorized in this section shall be considered in any analysis of the modified project to be carried out by the Secretary in accordance with this section. 

SEC. 119. NORTHERN WISCONSIN. Section 154(c) of title I of division B of the Miscellaneous Appropriations Act, 2001, enacted into 

law by the Consolidated Appropriations Act, 2001 (114 Stat. 2763A– 

252), is amended— 

(1) by inserting after ‘‘design’’ the following: ‘‘, construction,’’; and 

(2) by inserting before ‘‘wastewater treatment’’ the following: ‘‘navigation and inland harbor improvement and expansion,’’. 

SEC. 120. ST. CROIX FALLS ENVIRONMENTAL INFRASTRUCTURE, 

WISCONSIN. ADDITIONAL ASSISTANCE.—Section 219(f) of the Water 

Resources Development Act of 1992 (106 Stat. 4835; 110 Stat. 3757; 

140 

113 Stat. 335; 114 Stat. 2763A–220) is amended by adding at the 

end the following: 

‘‘(73) ST. CROIX FALLS, WISCONSIN.—$5,000,000 for waste 

water infrastructure, St. Croix Falls, Wisconsin.’’. 

SEC. 121. BURNS HARBOR, INDIANA. The Secretary of the Army, 

acting through the Chief of Engineers, is authorized and directed to 

dredge sediments, at 100 percent federal cost, in the vicinity of the 

Bailey (NIPSCO) intake structure that is approximately 5,000 feet 

east of and 2,300 feet north of the northern most point of the Burns 

Waterway Harbor Breakwater authorized by Public Law 89–298. 

SEC. 122. (a) The Secretary of the Army, acting through the 

Chief of Engineers, is authorized and directed to transfer the unexpended balance of funds appropriated in Fiscal Years 2003 and 

2004 for the Duck River Water Supply Infrastructure Project, 

Cullman, Alabama, to the Appalachian Regional Commission. 

(b) Funds transferred pursuant to subsection (a) of this section 

may be used for planning, engineering, and construction activities 

on the Duck River Water Supply Infrastructure Project under the 

Memorandum of Agreement between the Appalachian Regional 

Commission and the Army Corps of Engineers and may be used to 

reimburse the City of Cullman, Alabama for expenses incurred by 

the City for planning and environmental work associated with the 

Project. 

SEC. 123. With the funds previously provided under the account 

heading ‘‘Flood Control and Coastal Emergencies’’, the Secretary of 

the Army, acting through the Chief of Engineers, is directed to provide assistance to Yakutat, Alaska Dam. 

SEC. 124. The Secretary of the Army, acting through the Chief 

of Engineers, shall not implement changes to existing shoreline protection policies that have not been specifically authorized by Congress. 

TITLE II 

DEPARTMENT OF THE INTERIOR 

CENTRAL UTAH PROJECT

CENTRAL UTAH PROJECT COMPLETION ACCOUNT

For carrying out activities authorized by the Central Utah 

Project Completion Act, $46,275,000, to remain available until expended, of which $15,469,000 shall be deposited into the Utah Reclamation Mitigation and Conservation Account for use by the Utah 

Reclamation Mitigation and Conservation Commission. 

In addition, for necessary expenses incurred in carrying out related responsibilities of the Secretary of the Interior, $1,734,000, to 

remain available until expended. 

BUREAU OF RECLAMATION

The following appropriations shall be expended to execute authorized functions of the Bureau of Reclamation: 

141 

WATER AND RELATED RESOURCES

(INCLUDING TRANSFER OF FUNDS)

For management, development, and restoration of water and related natural resources and for related activities, including the operation, maintenance, and rehabilitation of reclamation and other 

facilities, participation in fulfilling related Federal responsibilities 

to Native Americans, and related grants to, and cooperative and 

other agreements with, State and local governments, Indian tribes, 

and others, $859,481,000, to remain available until expended, of 

which $53,299,000 shall be available for transfer to the Upper Colorado River Basin Fund and $33,794,000 shall be available for 

transfer to the Lower Colorado River Basin Development Fund; of 

which such amounts as may be necessary may be advanced to the 

Colorado River Dam Fund; of which not more than $500,000 is for 

high priority projects which shall be carried out by the Youth Conservation Corps, as authorized by 16 U.S.C. 1706: Provided further, 

That such transfers may be increased or decreased within the overall appropriation under this heading: Provided further, That of the 

total appropriated, the amount for program activities can be financed by the Reclamation Fund or the Bureau of Reclamation special fee account established by 16 U.S.C. 460l–6a(i) shall be derived 

from that Fund or account: Provided further, That funds contributed under 43 U.S.C. 395 are available until expended for the purposes for which contributed: Provided further, That $250,000 is provided under the Weber Basin project for the Park City, Utah feasibility study: Provided further, That funds advanced under 43 

U.S.C. 397a shall be credited to this account and are available until 

expended for the same purposes as the sums appropriated under 

this heading: Provided further, That funds available for expenditure 

for the Departmental Irrigation Drainage Program may be expended 

by the Bureau of Reclamation for site remediation on a non-reimbursable basis. 

CENTRAL VALLEY PROJECT RESTORATION FUND

For carrying out the programs, projects, plans, and habitat restoration, improvement, and acquisition provisions of the Central 

Valley Project Improvement Act, $54,695,000, to be derived from 

such sums as may be collected in the Central Valley Project Restoration Fund pursuant to sections 3407(d), 3404(c)(3), 3405(f), and 

3406(c)(1) of Public Law 102–575, to remain available until expended: Provided, That the Bureau of Reclamation is directed to assess and collect the full amount of the additional mitigation and 

restoration payments authorized by section 3407(d) of Public Law 

102–575: Provided further, That none of the funds made available 

under this heading may be used for the acquisition or leasing of 

water for in-stream purposes if the water is already committed to 

in-stream purposes by a court adopted decree or order. 

POLICY AND ADMINISTRATION

For necessary expenses of policy, administration, and related 

functions in the office of the Commissioner, the Denver office, and 

offices in the five regions of the Bureau of Reclamation, to remain 

available until expended, $58,153,000 to be derived from the RecVerDate Aug 04 2004 07:33 Dec 01, 2004 Jkt 096906 PO 00000 Frm 00145 Fmt 6659 Sfmt 6603 E:\HR\OC\HR792.XXX HR792
142 

lamation Fund and be nonreimbursable as provided in 43 U.S.C. 

377: Provided, That no part of any other appropriation in this Act 

shall be available for activities or functions budgeted as policy and 

administration expenses. 

ADMINSITRATIVE PROVISIONS

Appropriations for the Bureau of Reclamation shall be available for purchase of not to exceed 14 passenger motor vehicles, of 

which 11 are for replacement only. 

GENERAL PROVISIONS, DEPARTMENT OF THE INTERIOR

SEC. 201. (a) None of the funds appropriated or otherwise made 

available by this Act may be used to determine the final point of 

discharge for the interceptor drain for the San Luis Unit until development by the Secretary of the Interior and the State of California of a plan, which shall conform to the water quality standards 

of the State of California as approved by the Administrator of the 

Environmental Protection Agency, to minimize any detrimental effect of the San Luis drainage waters. 

(b) The costs of the Kesterson Reservoir Cleanup Program and 

the costs of the San Joaquin Valley Drainage Program shall be classified by the Secretary of the Interior as reimbursable or nonreimbursable and collected until fully repaid pursuant to the 

‘‘Cleanup Program-Alternative Repayment Plan’’ and the ‘‘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, 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 secVerDate Aug 04 2004 07:33 Dec 01, 2004 Jkt 096906 PO 00000 Frm 00146 Fmt 6659 Sfmt 6603 E:\HR\OC\HR792.XXX HR792
143 

tion 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 JuanChama Project contracts, including execution of said contracts facilitated by the Middle Rio Grande Project, to meet the requirements 

of the Endangered Species Act, unless such water is acquired or otherwise made available from a willing seller or lessor and the use is 

in compliance with the laws of the State of New Mexico, including 

but not limited to, permitting requirements. 

(b) Complying with the reasonable and prudent alternatives 

and the incidental take limits defined in the Biological Opinion released by the United States Fish and Wildlife Service dated March 

17, 2003 combined with efforts carried out pursuant to Public Law 

106–377, Public Law 107–66, and Public Law 108–7 fully meet all 

requirements of the Endangered Species Act (16 U.S.C. 1531 et seq.) 

for the conservation of the Rio Grande Silvery Minnow 

(Hybognathus amarus) and the Southwestern Willow Flycatcher 

(Empidonax trailii extimus) on the Middle Rio Grande in New Mexico. 

(c) This section applies only to those Federal agency and nonFederal actions addressed in the March 17, 2003 Biological Opinion. 

(d) Subsection (b) will remain in effect until March 16, 2013. 

SEC. 206. The Secretary of the Interior, acting through the 

Commissioner of the Bureau of Reclamation, is authorized to enter 

into grants, cooperative agreements, and other agreements with irrigation or water districts and States to fund up to 50 percent of the 

cost of planning, designing, and constructing improvements that 

will conserve water, increase water use efficiency, or enhance water 

management through measurement or automation, at existing water 

supply projects within the states identified in the Act of June 17, 

1902, as amended, and supplemented: Provided, That when such 

improvements are to federally owned facilities, such funds may be 

provided in advance on a non-reimbursable basis to an entity operating affected transferred works or may be deemed non-reimbursable for non-transferred works: Provided further, That the calculation of the non-Federal contribution shall provide for consideration 

of the value of any in-kind contributions, but shall not include 

funds received from other Federal agencies: Provided further, That 

144 

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 nonprofit research institutions to fund water use efficiency research. 

SEC. 207. ANIMAS-LA PLATA NON-INDIAN SPONSOR OBLIGATIONS. In accordance with the nontribal repayment obligation specified in Subsection 6(a)(3)(B) of the Colorado Ute Indian Rights Settlement Act of 1988 (Public Law 100–585), as amended by the Colorado Ute Settlement Act Amendments of 2000 (Public Law 106– 

554), the reimbursable cost upon which the cost allocation shall be 

based shall not exceed $43,000,000, plus interest during construction for those parties not utilizing the up front payment option, of 

the first $500,000,000 (January 2003 price level) of the total project 

costs. Consequently, the Secretary may forgive the obligation of the 

non-Indian sponsors relative to the $163,000,000 increase in estimated total project costs that occurred in 2003. 

SEC. 208. MONTANA WATER CONTRACTS EXTENSION. (a) AUTHORITY TO EXTEND.—The Secretary of the Interior may extend 

each of the water contracts listed in subsection (b) until the earlier 

of— 

(1) the expiration of the 2-year period beginning on the date 

on which the contract would expire but for this section; or 

(2) the date on which a new long-term water contract is executed by the parties to the contract listed in subsection (b). 

(b) EXTENDED CONTRACTS.—The water contracts referred to in 

subsection (a) are the following: 

(1) Contract Number 14–06–600–2078, as amended, for 

purchase of water between the United States of America and the 

City of Helena, Montana. 

(2) Contract Number 14–06–600–2079, as amended, between the United States of America and the Helena Valley Irrigation District for water service. 

(3) Contract Number 14–06–600–8734, as amended, between the United States of America and the Toston Irrigation 

District for water service. 

(4) Contract Number 14–06–600–3592, as amended, between the United States and the Clark Canyon Water Supply 

Company, Inc., for water service and for a supplemental supply. 

(5) Contract Number 14–06–600–3593, as amended, between the United States and the East Bench Irrigation District 

for water service. 

TITLE III 

DEPARTMENT OF ENERGY 

ENERGY PROGRAMS 

ENERGY SUPPLY

For Department of Energy expenses including the purchase, 

construction, and acquisition of plant and capital equipment, and 

other expenses necessary for energy supply activities in carrying out 

the purposes of the Department of Energy Organization Act (42 

145 

U.S.C. 7101 et seq.), including the acquisition or condemnation of 

any real property or any facility or for plant or facility acquisition, 

construction, or expansion, and the purchase of not to exceed 9 passenger motor vehicles for replacement only, and one ambulance, 

$946,272,000, to remain available until expended. 

NON-DEFENSE SITE ACCELERATION COMPLETION

For Department of Energy expenses, including the purchase, 

construction, and acquisition of plant and capital equipment and 

other expenses necessary for non-defense environmental management site acceleration completion activities in carrying out the purposes of the Department of Energy Organization Act (42 U.S.C. 

7101 et seq.), including the acquisition or condemnation of any real 

property or any facility or for plant or facility acquisition, construction, or expansion, $151,850,000, to remain available until expended. 

URANIUM ENRICHMENT DECONTAMINATION AND DECOMMISSIONING

FUND

For necessary expenses in carrying out uranium enrichment facility decontamination and decommissioning, remedial actions, and 

other activities of title II of the Atomic Energy Act of 1954, as 

amended, and title X, subtitle A, of the Energy Policy Act of 1992, 

$499,007,000, to be derived from the Fund, to remain available 

until expended, of which $80,000,000 shall be available in accordance with title X, subtitle A, of the Energy Policy Act of 1992. 

NON-DEFENSE ENVIRONMENTAL SERVICES

For Department of Energy expenses necessary for non-defense 

environmental services activities that indirectly support the accelerated cleanup and closure mission at environmental management 

sites, including the purchase, construction, and acquisition of plant 

and capital equipment and other necessary expenses, $291,296,000, 

to remain available until expended. 

SCIENCE

For Department of Energy expenses including the purchase, 

construction and acquisition of plant and capital equipment, and 

other expenses necessary for science activities in carrying out the 

purposes of the Department of Energy Organization Act (42 U.S.C. 

7101 et seq.), including the acquisition or condemnation of any real 

property or facility or for plant or facility acquisition, construction, 

or expansion, and purchase of not to exceed four passenger motor 

vehicles for replacement only, including not to exceed one ambulance, $3,628,902,000, to remain available until expended. 

NUCLEAR WASTE DISPOSAL

For nuclear waste disposal activities to carry out the purposes 

of Public Law 97–425, as amended, including the acquisition of real 

property or facility construction or expansion, $346,000,000, to remain available until expended: Provided, That of the funds made 

available in this Act for Nuclear Waste Disposal, $2,000,000 shall 

be provided to the State of Nevada solely for expenditures, other 

146 

than salaries and expenses of State employees, to conduct scientific 

oversight responsibilities and participate in licensing activities pursuant to the Nuclear Waste Policy Act of 1982, Public Law 97–425, 

as amended: Provided further, That $8,000,000 shall be provided to 

affected units of local governments, as defined in Public Law 97– 

425, to conduct scientific oversight responsibilities and participate 

in licensing activities pursuant to the Act: Provided further, That 

the distribution of the funds as determined by the units of local government shall be approved by the Department of Energy: Provided 

further, That the funds for the State of Nevada shall be made available solely to the Nevada Division of Emergency Management by direct payment and units of local government by direct payment: Provided further, That within 90 days of the completion of each Federal 

fiscal year, the Nevada Division of Emergency Management and the 

Governor of the State of Nevada and each local entity shall provide 

certification to the Department of Energy that all funds expended 

from such payments have been expended for activities authorized by 

Public Law 97–425 and this Act: Provided further, That failure to 

provide such certification shall cause such entity to be prohibited 

from any further funding provided for similar activities: Provided 

further, That none of the funds herein appropriated may be: (1) 

used directly or indirectly to influence legislative action on any matter pending before Congress or a State legislature or for lobbying activity as provided in 18 U.S.C. 1913; (2) used for litigation expenses; 

or (3) used to support multi-State efforts or other coalition building 

activities inconsistent with the restrictions contained in this Act: 

Provided further, That all proceeds and recoveries realized by the 

Secretary in carrying out activities authorized by the Nuclear Waste 

Policy Act of 1982, Public Law 97–425, as amended, including but 

not limited to, any proceeds from the sale of assets, shall be available without further appropriation and shall remain available until 

expended. 

DEPARTMENTAL ADMINISTRATION

(INCLUDING TRANSFER OF FUNDS)

For salaries and expenses of the Department of Energy necessary for departmental administration in carrying out the purposes 

of the Department of Energy Organization Act (42 U.S.C. 7101 et 

seq.), including the hire of passenger motor vehicles and official reception and representation expenses (not to exceed $35,000), 

$240,426,000, to remain available until expended, plus such additional amounts as necessary to cover increases in the estimated 

amount of cost of work for others notwithstanding the provisions of 

the Anti-Deficiency Act (31 U.S.C. 1511 et seq.): Provided, That such 

increases in cost of work are offset by revenue increases of the same 

or greater amount, to remain available until expended: Provided 

further, That moneys received by the Department for miscellaneous 

revenues estimated to total $122,000,000 in fiscal year 2005 may be 

retained and used for operating expenses within this account, and 

may remain available until expended, as authorized by section 201 

of Public Law 95–238, notwithstanding the provisions of 31 U.S.C. 

3302: Provided further, That the sum herein appropriated shall be 

reduced by the amount of miscellaneous revenues received during 

fiscal year 2005, and any related unappropriated receipt account 

147 

balances remaining from prior years’ miscellaneous revenues, so as 

to result in a final fiscal year 2005 appropriation from the general 

fund estimated at not more than $118,426,000. 

OFFICE OF THE INSPECTOR GENERAL

For necessary expenses of the Office of the Inspector General in 

carrying out the provisions of the Inspector General Act of 1978, as 

amended, $41,508,000, to remain available until expended. 

ATOMIC ENERGY DEFENSE ACTIVITIES 

NATIONAL NUCLEAR SECURITY ADMINISTRATION

WEAPONS ACTIVITIES

(INCLUDING TRANSFER OF FUNDS)

For Department of Energy expenses, including the purchase, 

construction, and acquisition of plant and capital equipment and 

other incidental expenses necessary for atomic energy defense weapons activities in carrying out the purposes of the Department of Energy Organization Act (42 U.S.C. 7101 et seq.), including the acquisition or condemnation of any real property or any facility or for 

plant or facility acquisition, construction, or expansion; and the 

purchase of not to exceed 19 passenger motor vehicles, for replacement only, including not to exceed two buses; $6,226,471,000, together with $300,000,000 to be derived by transfer from the Department of Defense, to remain available until expended: Provided, That 

the Secretary of Defense shall reduce proportionately each program, 

project, and activity funded by appropriations in titles I through VI 

of the Department of Defense Appropriations Act, 2005 (Public Law 

108–287) to fund this transfer: Provided further, That $91,100,000 

is authorized to be appropriated for Project 01–D–108, Microsystems 

and engineering sciences applications (MESA), Sandia National 

Laboratories, Albuquerque, New Mexico: Provided further, That 

$40,000,000 is authorized to be appropriated for Project 04–D–125, 

chemistry and metallurgy facility replacement project, Los Alamos 

Laboratory, Los Alamos, New Mexico: Provided further, That 

$1,500,000 is authorized to be appropriated for Project 04–D–103, 

Project engineering and design (PED), various locations: Provided 

further, That a plant or construction project for which amounts are 

made available under this heading but not exclusive to the Atomic 

Energy Defense Weapons Activities account, with a current estimated cost of less than $10,000,000 is considered for purposes of 

section 3622 of Public Law 107–314 as a plant project for which the 

approved total estimated cost does not exceed the minor construction 

threshold and for purposes of section 3623 of Public Law 107–314 

as a construction project with a current estimated cost of less than 

the minor construction threshold. 

DEFENSE NUCLEAR NONPROLIFERATION

For Department of Energy expenses, including the purchase, 

construction and acquisition of plant and capital equipment and 

other incidental expenses necessary for atomic energy defense, defense nuclear nonproliferation activities, in carrying out the purposes of the Department of Energy Organization Act (42 U.S.C. 

148 

7101 et seq.), including the acquisition or condemnation of any real 

property or any facility or for plant or facility acquisition, construction, or expansion, $1,420,397,000, to remain available until expended. 

NAVAL REACTORS

For Department of Energy expenses necessary for naval reactors 

activities to carry out the Department of Energy Organization Act 

(42 U.S.C. 7101 et seq.), including the acquisition (by purchase, condemnation, construction, or otherwise) of real property, plant, and 

capital equipment, facilities, and facility expansion, $807,900,000, 

to remain available until expended. 

OFFICE OF THE ADMINISTRATOR

For necessary expenses of the Office of the Administrator in the 

National Nuclear Security Administration, including official reception and representation expenses (not to exceed $12,000), 

$356,200,000, to remain available until expended. 

ENVIRONMENTAL AND OTHER DEFENSE ACTIVITIES 

DEFENSE SITE ACCELERATION COMPLETION

For Department of Energy expenses, including the purchase, 

construction, and acquisition of plant and capital equipment and 

other expenses necessary for atomic energy defense site acceleration 

completion activities in carrying out the purposes of the Department 

of Energy Organization Act (42 U.S.C. 7101 et seq.), including the 

acquisition or condemnation of any real property or any facility or 

for plant or facility acquisition, construction, or expansion, 

$6,096,429,000, to remain available until expended. 

DEFENSE ENVIRONMENTAL SERVICES

For Department of Energy expenses necessary for defense-related environmental services activities that indirectly support the 

accelerated cleanup and closure mission at environmental management sites, including the purchase, construction, and acquisition of 

plant and capital equipment and other necessary expenses, and the 

purchase of not to exceed three ambulances for replacement only, 

$937,976,000, to remain available until expended. 

OTHER DEFENSE ACTIVITIES

For Department of Energy expenses, including the purchase, 

construction, and acquisition of plant and capital equipment and 

other expenses, necessary for atomic energy defense, other defense 

activities, and classified activities, in carrying out the purposes of 

the Department of Energy Organization Act (42 U.S.C. 7101 et seq.), 

including the acquisition or condemnation of any real property or 

any facility or for plant or facility acquisition, construction, or expansion, $692,691,000, to remain available until expended. 

DEFENSE NUCLEAR WASTE DISPOSAL

For nuclear waste disposal activities to carry out the purposes 

of Public Law 97–425, as amended, including the acquisition of real 

149 

property or facility construction or expansion, $231,000,000, to remain available until expended. 

POWER MARKETING ADMINISTRATIONS 

BONNEVILLE POWER ADMINISTRATION FUND

Expenditures from the Bonneville Power Administration Fund, 

established pursuant to Public Law 93–454, are approved for official reception and representation expenses in an amount not to exceed $1,500. During fiscal year 2005, no new direct loan obligations 

may be made. 

OPERATION AND MAINTENANCE, SOUTHEASTERN POWER

ADMINISTRATION

For necessary expenses of operation and maintenance of power 

transmission facilities and of marketing electric power and energy, 

including transmission wheeling and ancillary services, pursuant to 

the provisions of section 5 of the Flood Control Act of 1944 (16 

U.S.C. 825s), as applied to the southeastern power area, $5,200,000, 

to remain available until expended: Provided, That notwithstanding 

the provisions of 31 U.S.C. 3302, up to $34,000,000 collected by the 

Southeastern Power Administration pursuant to the Flood Control 

Act of 1944 to recover purchase power and wheeling expenses shall 

be credited to this account as offsetting collections, to remain available until expended for the sole purpose of making purchase power 

and wheeling expenditures. 

OPERATION AND MAINTENANCE, SOUTHWESTERN POWER

ADMINISTRATION

For necessary expenses of operation and maintenance of power 

transmission facilities and of marketing electric power and energy, 

for construction and acquisition of transmission lines, substations 

and appurtenant facilities, and for administrative expenses, including official reception and representation expenses in an amount not 

to exceed $1,500 in carrying out the provisions of section 5 of the 

Flood Control Act of 1944 (16 U.S.C. 825s), as applied to the southwestern power area, $29,352,000, to remain available until expended: Provided, That, notwithstanding the provisions of 31 

U.S.C. 3302, up to $2,900,000 collected by the Southwestern Power 

Administration pursuant to the Flood Control Act to recover purchase power and wheeling expenses shall be credited to this account 

as offsetting collections, to remain available until expended for the 

sole purpose of making purchase power and wheeling expenditures; 

in addition, notwithstanding 31 U.S.C. 3302, beginning in fiscal 

year 2005 and thereafter, such funds as are received by the Southwestern Power Administration from any State, municipality, corporation, association, firm, district, or individual as advance payment for work that is associated with Southwestern’s transmission 

facilities, consistent with that authorized in section 5 of the Flood 

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

expended. 

150 

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. 

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 

151 

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 two 

years of a noncompetitive management and operating contract, if 

the extension is for purposes of allowing time to award competitively 

a new contract, to provide continuity of service between contracts, or 

to complete a contract that will not be renewed. 

(b) In this section: 

(1) The term ‘‘noncompetitive management and operating 

contract’’ means a contract that was awarded more than 50 

years ago without competition for the management and operation of Ames Laboratory, Argonne National Laboratory, Lawrence Berkeley National Laboratory, Lawrence Livermore National Laboratory, and Los Alamos National Laboratory. 

(2) The term ‘‘competitive procedures’’ has the meaning provided in section 4 of the Office of Federal Procurement Policy 

Act (41 U.S.C. 403) and includes procedures described in section 303 of the Federal Property and Administrative Services 

Act of 1949 (41 U.S.C. 253) other than a procedure that solicits 

a proposal from only one source. 

(c) For all management and operating contracts other than 

those listed in subsection (b)(1), none of the funds appropriated by 

this Act may be used to award a management and operating contract, or award a significant extension or expansion to an existing 

management and operating contract, unless such contract is awarded using competitive procedures or the Secretary of Energy grants, 

on a case-by-case basis, a waiver to allow for such a deviation. The 

Secretary may not delegate the authority to grant such a waiver. At 

least 60 days before a contract award for which the Secretary intends to grant such a waiver, the Secretary shall submit to the Committees on Appropriations of the House of Representatives and the 

Senate a report notifying the Committees of the waiver and setting 

forth, in specificity, the substantive reasons why the Secretary believes the requirement for competition should be waived for this particular award. 

SEC. 302. None of the funds appropriated by this Act may be 

used to— 

(1) develop or implement a workforce restructuring plan 

that covers employees of the Department of Energy; or 

(2) provide enhanced severance payments or other benefits 

for employees of the Department of Energy, under section 3161 

152 

of the National Defense Authorization Act for Fiscal Year 1993 

(Public Law 102–484; 42 U.S.C. 7274h). 

SEC. 303. None of the funds appropriated by this Act may be 

used to augment the funds made available for obligation by this Act 

for severance payments and other benefits and community assistance grants under section 3161 of the National Defense Authorization Act for Fiscal Year 1993 (Public Law 102–484; 42 U.S.C. 

7274h) unless the Department of Energy submits a reprogramming 

request subject to approval by the appropriate congressional committees. 

SEC. 304. None of the funds appropriated by this Act may be 

used to prepare or initiate Requests For Proposals (RFPs) for a program if the program has not been funded by Congress. 

(TRANSFERS OF UNEXPENDED BALANCES)

SEC. 305. The unexpended balances of prior appropriations provided for activities in this Act may be transferred to appropriation 

accounts for such activities established pursuant to this title. Balances so transferred may be merged with funds in the applicable established accounts and thereafter may be accounted for as one fund 

for the same time period as originally enacted. 

SEC. 306. None of the funds in this or any other Act for the Administrator of the Bonneville Power Administration may be used to 

enter into any agreement to perform energy efficiency services outside the legally defined Bonneville service territory, with the exception of services provided internationally, including services provided 

on a reimbursable basis, unless the Administrator certifies in advance that such services are not available from private sector businesses. 

SEC. 307. When the Department of Energy makes a user facility 

available to universities or other potential users, or seeks input from 

universities or other potential users regarding significant characteristics or equipment in a user facility or a proposed user facility, the 

Department shall ensure broad public notice of such availability or 

such need for input to universities and other potential users. When 

the Department of Energy considers the participation of a university 

or other potential user as a formal partner in the establishment or 

operation of a user facility, the Department shall employ full and 

open competition in selecting such a partner. For purposes of this 

section, the term ‘‘user facility’’ includes, but is not limited to: (1) 

a user facility as described in section 2203(a)(2) of the Energy Policy 

Act of 1992 (42 U.S.C. 13503(a)(2)); (2) a National Nuclear Security 

Administration Defense Programs Technology Deployment Center/ 

User Facility; and (3) any other Departmental facility designated by 

the Department as a user facility. 

SEC. 308. The Administrator of the National Nuclear Security 

Administration may authorize the manager of a covered nuclear 

weapons research, development, testing or production facility to engage in research, development, and demonstration activities with respect to the engineering and manufacturing capabilities at such facility in order to maintain and enhance such capabilities at such facility: Provided, That of the amount allocated to a covered nuclear 

weapons facility each fiscal year from amounts available to the Department of Energy for such fiscal year for national security programs, not more than an amount equal to 2 percent of such amount 

153 

may be used for these activities: Provided further, That for purposes 

of this section, the term ‘‘covered nuclear weapons facility’’ means 

the following: 

(1) the Kansas City Plant, Kansas City, Missouri; 

(2) the Y–12 Plant, Oak Ridge, Tennessee; 

(3) the Pantex Plant, Amarillo, Texas; 

(4) the Savannah River Plant, South Carolina; and 

(5) the Nevada Test Site. 

SEC. 309. Funds appropriated by this or any other Act, or made 

available by the transfer of funds in this Act, for intelligence activities are deemed to be specifically authorized by the Congress for 

purposes of section 504 of the National Security Act of 1947 (50 

U.S.C. 414) during fiscal year 2005 until the enactment of the Intelligence Authorization Act for fiscal year 2005. 

SEC. 310. (a) The Secretary of Energy was directed to file a permit modification to the Waste Analysis Plan (WAP) and associated 

provisions contained in the Hazardous Waste Facility Permit for the 

Waste Isolation Pilot Plant (WIPP). For purposes of determining 

hereafter compliance of the modifications to the WAP with the hazardous waste analysis requirements of the Solid Waste Disposal Act 

(42 U.S.C. 6901 et seq.), or other applicable laws waste confirmation for all waste received for storage and disposal shall be limited 

to: (1) confirmation that the waste contains no ignitable, corrosive, 

or reactive waste through the use of either radiography or visual examination of a statistically representative subpopulation of the 

waste; and (2) review of the Waste Stream Profile Form to verify 

that the waste contains no ignitable, corrosive, or reactive waste and 

that assigned Environmental Protection Agency hazardous waste 

numbers are allowed for storage and disposal by the WIPP Hazardous Waste Facility Permit. 

(b) Compliance with the disposal room performance standards 

of the WAP hereafter shall be demonstrated exclusively by monitoring airborne volatile organic compounds in underground disposal 

rooms in which waste has been emplaced until panel closure. 

SEC. 311. Section 3113 of Public Law 102–486 (42 U.S.C. 

2297h–11) is amended by adding a new paragraph (4) to subsection 

(a), as follows: 

‘‘(4) In the event that a licensee requests the Secretary to accept for disposal depleted uranium pursuant to this subsection, 

the Secretary shall be required to take title to and possession 

of such depleted uranium at an existing DUF6 storage facility.’’. 

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

to achieve its small business contracting goals set forth in Section 

(g) of the Small Business Act, 15 U.S.C. § 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 particiVerDate Aug 04 2004 07:33 Dec 01, 2004 Jkt 096906 PO 00000 Frm 00157 Fmt 6659 Sfmt 6603 E:\HR\OC\HR792.XXX HR792
154 

pation, and other legitimate acquisition objectives of procurement 

actions at issue. No later than April 1, 2005, the Secretary of Energy shall submit a report to the Comptroller General and to Congress discussing the Secretary’s plans required by Section 15(h) of 

the Small Business Act, 15 U.S.C. § 644(h), for meeting the Department’s statutory small business contracting goals while taking into 

account other legitimate acquisition objectives. In preparing the report, the Secretary shall request and consider the views of the Administrator of the Small Business Administration and the Director 

of the Office of Small and Disadvantaged Business Utilization of 

the Department of Energy. The report shall discuss the Department’s policies and activities concerning break-outs of procurement 

requirements from current management and operating contracts, 

consistent with requirements of this Act, Section 15(h) of the Small 

Business Act, and Subpart 19.4 of the Federal Acquisition Regulations. 

SEC. 313. None of the funds appropriated by this Act may be 

used by the Department of Energy to require its management and 

operating contractors to perform contract management, oversight, or 

administration functions prohibited by Section 7.503 of the Federal 

Acquisition Regulation in connection with any small business prime 

contract awarded by the Department of Energy. 

SEC. 314. None of the funds in this Act may be used to dispose 

of transuranic waste in the Waste Isolation Pilot Plant which contains concentrations of plutonium in excess of 20 percent by weight 

for the aggregate of any material category on the date of enactment 

of this Act, or is generated after such date. For the purpose of this 

section, the material categories of transuranic waste at the Rocky 

Flats Environmental Technology Site include: (1) ash residues; (2) 

salt residue; (3) wet residues; (4) direct repackage residues; and (5) 

scrub alloy as referenced in the ‘‘Final Environmental Impact Statement on Management of Certain Plutonium Residues and Scrub 

Alloy Stored at the Rocky Flats Environmental Technology Site’’. 

TITLE IV 

INDEPENDENT AGENCIES 

APPALACHIAN REGIONAL COMMISSION

For expenses necessary to carry out the programs authorized by 

the Appalachian Regional Development Act of 1965, as amended, 

for necessary expenses for the Federal Co-Chairman and the alternate on the Appalachian Regional Commission, for payment of the 

Federal share of the administrative expenses of the Commission, including services as authorized by 5 U.S.C. 3109, and hire of passenger motor vehicles, $66,000,000, to remain available until expended. 

DEFENSE NUCLEAR FACILITIES SAFETY BOARD

SALARIES AND EXPENSES

For necessary expenses of the Defense Nuclear Facilities Safety 

Board in carrying out activities authorized by the Atomic Energy 

Act of 1954, as amended by Public Law 100–456, section 1441, 

$20,268,000, to remain available until expended. 

155 

DELTA REGIONAL AUTHORITY

SALARIES AND EXPENSES

For necessary expenses of the Delta Regional Authority and to 

carry out its activities, as authorized by the Delta Regional Authority Act of 2000, as amended, notwithstanding sections 382C(b)(2), 

382F(d), and 382M(b) of said Act, $6,048,000, to remain available 

until expended. 

DENALI COMMISSION

For expenses of the Denali Commission including the purchase, 

construction and acquisition of plant and capital equipment as necessary and other expenses, $67,000,000 nothwithstanding the limitations contained in section 306(g) of the Denali Commission Act of 

1998, $2,500,000, to remain available until expended: Provided, 

That of the amounts provided to the Denali Commission, $5,000,000 

is for community showers and washeteria in villages with homes 

with no running water; $13,000,000 is for the Juneau/Green’s 

Creek/Hoonah Intertie project; $3,200,000 is for the Swan Lake/ 

Tyee Intertie project; $5,000,000 is for multi-purpose community facilities including the Bering Straits Region, Dillingham, Moose 

Pass, Sterling, Funny River, Eclutna, and Anchor Point; 

$10,000,000 is for teacher housing in remote villages such as 

Savoogna, Allakakaet, Hughes, Huslia, Minto, Nulato, and Ruby 

where there is limited housing available for teachers; $10,000,000 is 

for facilities serving Native elders and senior citizens; and 

$5,000,000 is for (1) the Rural Communications service to provide 

broadcast facilities in communities with no television or radio station, (2) the Public Broadcasting Digital Distribution Network to 

link rural broadcasting facilities together to improve economies of 

scale, share programming, and reduce operating costs and (3) rural 

public broadcasting facilities and equipment upgrades. 

NUCLEAR REGULATORY COMMISSION

SALARIES AND EXPENSES

For necessary expenses of the Commission in carrying out the 

purposes of the Energy Reorganization Act of 1974, as amended, 

and the Atomic Energy Act of 1954, as amended, including official 

representation expenses (not to exceed $15,000), and purchase of 

promotional items for use in the recruitment of individuals for employment, $662,777,000, to remain available until expended: Provided, That of the amount appropriated herein, $69,050,000 shall be 

derived from the Nuclear Waste Fund: Provided further, That revenues from licensing fees, inspection services, and other services and 

collections estimated at $534,354,000 in fiscal year 2005 shall be retained and used for necessary salaries and expenses in this account, 

notwithstanding 31 U.S.C. 3302, and shall remain available until 

expended: Provided further, That the sum herein appropriated shall 

be reduced by the amount of revenues received during fiscal year 

2005 so as to result in a final fiscal year 2005 appropriation estimated at not more than $128,423,000. 

156 

OFFICE OF INSPECTOR GENERAL

For necessary expenses of the Office of Inspector General in carrying out the provisions of the Inspector General Act of 1978, as 

amended, $7,518,000, to remain available until expended: Provided, 

That revenues from licensing fees, inspection services, and other 

services and collections estimated at $6,766,200 in fiscal year 2005 

shall be retained and be available until expended, for necessary salaries and expenses in this account, notwithstanding 31 U.S.C. 3302: 

Provided further, That the sum herein appropriated shall be reduced by the amount of revenues received during fiscal year 2005 

so as to result in a final fiscal year 2005 appropriation estimated 

at not more than $751,800. 

NUCLEAR WASTE TECHNICAL REVIEW BOARD

SALARIES AND EXPENSES

For necessary expenses of the Nuclear Waste Technical Review 

Board, as authorized by Public Law 100–203, section 5051, 

$3,177,000, to be derived from the Nuclear Waste Fund, and to remain available until expended. 

TITLE V 

GENERAL PROVISIONS 

SEC. 501. None of the funds appropriated by this Act may be 

used in any way, directly or indirectly, to influence congressional 

action on any legislation or appropriation matters pending before 

Congress, other than to communicate to Members of Congress as described in 18 U.S.C. 1913. 

SEC. 502. None of the funds made available in this Act may be 

transferred to any department, agency, or instrumentality of the 

United States Government, except pursuant to a transfer made by, 

or transfer authority provided in, this Act or any other appropriation Act. 

SEC. 503. None of the funds made available in this Act may be 

used to deny requests for the public release of documents or evidence 

obtained through or in the Western Energy Markets: Enron Investigation (Docket No. PA02–2), the California Refund case (Docket 

No. EL00–95), the Anomalous Bidding Investigation (Docket No. 

IN03–10), or the Physical Withholding Investigation. 

SEC. 504. EXTENSION OF PROHIBITION OF OIL AND GAS DRILL- ING IN THE GREAT LAKES. Section 503 of the Energy and Water Development Appropriations Act, 2002, (115 Stat. 512), as amended, 

is amended by striking ‘‘2005’’ and inserting in lieu thereof ‘‘2007’’. 

SEC. 505. The Secretary of the Army is hereby authorized, without further appropriation, to transfer and advance funds to the Administrator of the Bonneville Power Administration for the purposes 

necessary to carry out joint activities in connection with Section 

2406 of the Energy Policy Act of 1992. 

SEC. 506. VOTING METHOD FOR DELTA REGIONAL AUTHORITY. 

Section 382B(c)(1) of the Consolidated Farm and Rural Development Act (7 U.S.C. 2009aa–1(c)(1)) is amended— 

(1) in subparagraph (A), by striking ‘‘2004’’ and inserting 

‘‘2008’’; and 

157 

(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 forprofit or nonprofit corporate, government, or academic structure; 

‘‘(3) shall not be an employee of the Corporation; 

‘‘(4) shall make full disclosure to Congress of any investment or other financial interest that the individual holds in the 

energy industry; and 

‘‘(5) shall affirm support for the objectives and missions of 

the Corporation, including being a national leader in technological innovation, low-cost power, and environmental stewardship. 

‘‘(c) RECOMMENDATIONS.—In appointing members of the Board, 

the President shall— 

‘‘(1) consider recommendations from such public officials 

as— 

‘‘(A) the Governors of States in the service area; 

‘‘(B) individual citizens; 

‘‘(C) business, industrial, labor, electric power distribution, environmental, civic, and service organizations; and 

‘‘(D) the congressional delegations of the States in the 

service area; and 

‘‘(2) seek qualified members from among persons who reflect the diversity, including the geographical diversity, and 

needs of the service area of the Corporation. 

‘‘(d) TERMS.— 

‘‘(1) IN GENERAL.—A member of the Board shall serve a 

term of 5 years. A member of the Board whose term has expired 

may continue to serve after the member’s term has expired until 

the date on which a successor takes office, except that the member shall not serve beyond the end of the session of Congress in 

which the term of the member expires. 

158 

‘‘(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 com- mittee of the Board created by the Board, $46,000 per 

year; or 

‘‘(II) in the case of the chairman of the Board, $50,000 per year; and 

‘‘(B) travel expenses, including per diem in lieu of subsistence, in the same manner as persons employed intermittently in Government service under section 5703 of title 5, 

United States Code. 

‘‘(2) ADJUSTMENTS IN STIPENDS.—The amount of the stipend under paragraph (1)(A)(i) shall be adjusted by the same 

percentage, at the same time and manner, and subject to the 

same limitations as are applicable to adjustments under section 

5318 of title 5, United States Code. 

‘‘(g) DUTIES.— 

‘‘(1) IN GENERAL.—The Board shall— 

‘‘(A) establish the broad goals, objectives, and policies 

of the Corporation that are appropriate to carry out this 

Act; 

‘‘(B) develop long-range plans to guide the Corporation 

in achieving the goals, objectives, and policies of the Corporation and provide assistance to the chief executive officer 

to achieve those goals, objectives, and policies; 

‘‘(C) ensure that those goals, objectives, and policies are 

achieved; 

‘‘(D) approve an annual budget for the Corporation; 

‘‘(E) adopt and submit to Congress a conflict-of-interest 

policy applicable to members of the Board and employees of 

the Corporation; 

‘‘(F) establish a compensation plan for employees of the 

Corporation in accordance with subsection (i); 

‘‘(G) approve all compensation (including salary or any 

other pay, bonuses, benefits, incentives, and any other form 

of remuneration) of all managers and technical personnel 

that report directly to the chief executive officer (including 

any adjustment to compensation); 

‘‘(H) ensure that all activities of the Corporation are 

carried out in compliance with applicable law; 

‘‘(I) create an audit committee, composed solely of 

Board members independent of the management of the Corporation, which shall— 

159 

‘‘(i) in consultation with the inspector general of 

the Corporation, recommend to the Board an external 

auditor; 

‘‘(ii) receive and review reports from the external 

auditor of the Corporation and inspector general of the 

Corporation; and 

‘‘(iii) make such recommendations to the Board as 

the audit committee considers necessary; 

‘‘(J) create such other committees of Board members as 

the Board considers to be appropriate; 

‘‘(K) conduct such public hearings as it deems appropriate on issues that could have a substantial effect on— 

‘‘(i) the electric ratepayers in the service area; or 

‘‘(ii) the economic, environmental, social, or physical well-being of the people of the service area; 

‘‘(L) establish the electricity rates charged by the Corporation; and 

‘‘(M) engage the services of an external auditor for the 

Corporation. 

‘‘(2) MEETINGS.—The Board shall meet at least 4 times 

each year. 

‘‘(h) CHIEF EXECUTIVE OFFICER.— ‘‘(1) APPOINTMENT.—The Board shall appoint a person to 

serve as chief executive officer of the Corporation. 

‘‘(2) QUALIFICATIONS.— ‘‘(A) IN GENERAL.—To serve as chief executive officer of 

the Corporation, a person— 

‘‘(i) shall have senior executive-level management 

experience in large, complex organizations; 

‘‘(ii) shall not be a current member of the Board or 

have served as a member of the Board within 2 years 

before being appointed chief executive officer; and 

‘‘(iii) shall comply with the conflict-of-interest policy adopted by the Board. 

‘‘(B) EXPERTISE.—In appointing a chief executive officer, the Board shall give particular consideration to appointing an individual with expertise in the electric industry and with strong financial skills. 

‘‘(3) TENURE.—The chief executive officer shall serve at the 

pleasure of the Board. 

‘‘(i) COMPENSATION PLAN.— 

‘‘(1) IN GENERAL.—The Board shall approve a compensation 

plan that specifies all compensation (including salary or any 

other pay, bonuses, benefits, incentives, and any other form of 

remuneration) for the chief executive officer and employees of 

the Corporation. 

‘‘(2) ANNUAL SURVEY.—The compensation plan shall be 

based on an annual survey of the prevailing compensation for 

similar positions in private industry, including engineering and 

electric utility companies, publicly owned electric utilities, and 

Federal, State, and local governments. 

‘‘(3) CONSIDERATIONS.—The compensation plan shall provide that education, experience, level of responsibility, geographic differences, and retention and recruitment needs will be 

taken into account in determining compensation of employees. 

160 

‘‘(4) POSITIONS AT OR BELOW LEVEL IV.—The chief executive 

officer shall determine the salary and benefits of employees 

whose annual salary is not greater than the annual rate payable for positions at level IV of the Executive Schedule under 

section 5315 of title 5, United States Code. 

‘‘(5) POSITIONS ABOVE LEVEL IV.—On the recommendation 

of the chief executive officer, the Board shall approve the salaries of employees whose annual salaries would be in excess of 

the annual rate payable for positions at level IV of the Executive 

Schedule under section 5315 of title 5, United States Code.’’. 

SEC. 602. CHANGE IN MANNER OF APPOINTMENT OF STAFF. 

Section 3 of the Tennessee Valley Authority Act of 1933 (16 

U.S.C. 831b) is amended— 

(1) by striking the first undesignated paragraph and inserting the following: 

‘‘(a) APPOINTMENT BY THE CHIEF EXECUTIVE OFFICER.—The 

chief executive officer shall appoint, with the advice and consent of 

the Board, and without regard to the provisions of the civil service 

laws applicable to officers and employees of the United States, such 

managers, assistant managers, officers, employees, attorneys, and 

agents as are necessary for the transaction of the business of the 

Corporation.’’; and 

(2) by striking ‘‘All contracts’’ and inserting the following: 

‘‘(b) WAGE RATES.—All contracts’’. 

SEC. 603. CONFORMING AMENDMENTS. 

(a) The Tennessee Valley Authority Act of 1933 (16 U.S.C. 831 

et seq.) is amended— 

(1) by striking ‘‘board of directors’’ each place it appears 

and inserting ‘‘Board of Directors’’; and 

(2) by striking ‘‘board’’ each place it appears and inserting 

‘‘Board’’. 

(b) Section 9 of the Tennessee Valley Authority Act of 1933 (16 

U.S.C. 831h) is amended— 

(1) by striking ‘‘The Comptroller General of the United 

States shall audit’’ and inserting the following: 

‘‘(c) AUDITS.—The Comptroller General of the United States 

shall audit’’; and 

(2) by striking ‘‘The Corporation shall determine’’ and inserting the following: 

‘‘(d) ADMINISTRATIVE ACCOUNTS AND BUSINESS DOCUMENTS.— 

The Corporation shall determine’’. 

(c) Title 5, United States Code, is amended— 

(1) in section 5314, by striking ‘‘Chairman, Board of Directors of the Tennessee Valley Authority.’’; and 

(2) in section 5315, by striking ‘‘Members, Board of Directors of the Tennessee Valley Authority.’’. 

SEC. 604. APPOINTMENTS; EFFECTIVE DATE; TRANSITION. 

(a) APPOINTMENTS.— 

(1) IN GENERAL.—As soon as practicable after the date of 

enactment of this Act, the President shall submit to the Senate 

nominations of 6 persons to serve as members of the Board of 

Directors of the Tennessee Valley Authority in addition to the 

members serving on the date of enactment of this Act. 

161 

(2) INITIAL TERMS.—Notwithstanding section 2(d) of the 

Tennessee Valley Authority Act of 1933 (as amended by this 

title), in making the appointments under paragraph (1), the 

President shall appoint— 

(A) 2 members for a term to expire on May 18, 2007; 

(B) 2 members for a term to expire on May 18, 2009; 

and 

(C) 2 members for a term to expire on May 18, 2011. 

(b) EFFECTIVE DATE.—The amendments made by this title take 

effect on the later of— 

(1) the date on which at least 3 persons nominated under 

subsection (a) take office; or 

(2) May 18, 2005. 

(c) SELECTION OF CHAIRMAN.—The Board of Directors of the 

Tennessee Valley Authority shall select 1 of the members to act as 

chairman of the Board not later than 30 days after the effective date 

specified in subsection (b). 

(d) CONFLICT-OF-INTEREST POLICY.—The Board of Directors of 

the Tennessee Valley Authority shall adopt and submit to Congress 

a conflict-of-interest policy, as required by section 2(g)(1)(E) of the 

Tennessee Valley Authority Act of 1933 (as amended by this title), 

as soon as practicable after the effective date specified in subsection 

(b). 

(e) TRANSITION.—A person who is serving as a member of the 

board of directors of the Tennessee Valley Authority on the date of 

enactment of this Act— 

(1) shall continue to serve until the end of the current term 

of the member; but 

(2) after the effective date specified in subsection (b), shall 

serve under the terms of the Tennessee Valley Authority Act of 

1933 (as amended by this title). 

This Division may be cited as the ‘‘Energy and Water Development Appropriations Act, 2005’’. 

DIVISION D—FOREIGN OPERATIONS, EXPORT FINANCING, 

AND RELATED PROGRAMS APPROPRIATIONS ACT, 2005 

TITLE I—EXPORT AND INVESTMENT ASSISTANCE 

EXPORT-IMPORT BANK OF THE UNITED STATES

The Export-Import Bank of the United States is authorized to 

make such expenditures within the limits of funds and borrowing 

authority available to such corporation, and in accordance with 

law, and to make such contracts and commitments without regard 

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

the program for the current fiscal year for such corporation: Provided, That none of the funds available during the current fiscal 

year may be used to make expenditures, contracts, or commitments 

for the export of nuclear equipment, fuel, or technology to any country, other than a nuclear-weapon state as defined in Article IX of 

the Treaty on the Non-Proliferation of Nuclear Weapons eligible to 

receive economic or military assistance under this Act, that has detonated a nuclear explosive after the date of the enactment of this 

Act: Provided further, That notwithstanding section 1(c) of Public 

162 

Law 103–428, as amended, sections 1(a) and (b) of Public Law 103– 

428 shall remain in effect through October 1, 2005. 

SUBSIDY APPROPRIATION

For the cost of direct loans, loan guarantees, insurance, and 

tied-aid grants as authorized by section 10 of the Export-Import 

Bank Act of 1945, as amended, $59,800,000, to remain available 

until September 30, 2008: Provided, That such costs, including the 

cost of modifying such loans, shall be as defined in section 502 of 

the Congressional Budget Act of 1974: Provided further, That such 

sums shall remain available until September 30, 2023 for the disbursement of direct loans, loan guarantees, insurance and tied-aid 

grants obligated in fiscal years 2005, 2006, 2007, and 2008: Provided further, That none of the funds appropriated by this Act or 

any prior Act appropriating funds for foreign operations, export financing, and related programs for tied-aid credits or grants may be 

used for any other purpose except through the regular notification 

procedures of the Committees on Appropriations: Provided further, 

That funds appropriated by this paragraph are made available notwithstanding section 2(b)(2) of the Export-Import Bank Act of 1945, 

in connection with the purchase or lease of any product by any Eastern European country, any Baltic State or any agency or national 

thereof: Provided further, That not later than 30 days after the date 

of enactment of this Act, the Export-Import Bank shall submit a report to the Committees on Appropriations of the House of Representatives and the Senate, containing an analysis of the economic impact on United States producers of ethanol of the extension of credit 

and financial guarantees for the development of an ethanol dehydration plant in Trinidad and Tobago, including a determination 

of whether such extension will cause substantial injury to such producers, as defined in section 2(e)(4) of the Export-Import Bank Act 

of 1945 (12 U.S.C. 635(e)(4)). 

ADMINISTRATIVE EXPENSES

For administrative expenses to carry out the direct and guaranteed loan and insurance programs, including hire of passenger 

motor vehicles and services as authorized by 5 U.S.C. 3109, and not 

to exceed $30,000 for official reception and representation expenses 

for members of the Board of Directors, $73,200,000: Provided, That 

the Export-Import Bank may accept, and use, payment or services 

provided by transaction participants for legal, financial, or technical services in connection with any transaction for which an application for a loan, guarantee or insurance commitment has been 

made: Provided further, That, notwithstanding subsection (b) of section 117 of the Export Enhancement Act of 1992, subsection (a) 

thereof shall remain in effect until October 1, 2005. 

OVERSEAS PRIVATE INVESTMENT CORPORATION

NONCREDIT ACCOUNT

The Overseas Private Investment Corporation is authorized to 

make, without regard to fiscal year limitations, as provided by 31 

U.S.C. 9104, such expenditures and commitments within the limits 

of funds available to it and in accordance with law as may be necessary: Provided, That the amount available for administrative exVerDate Aug 04 2004 07:33 Dec 01, 2004 Jkt 096906 PO 00000 Frm 00166 Fmt 6659 Sfmt 6603 E:\HR\OC\HR792.XXX HR792
163 

penses to carry out the credit and insurance programs (including an 

amount for official reception and representation expenses which 

shall not exceed $35,000) shall not exceed $42,885,000: Provided 

further, That project-specific transaction costs, including direct and 

indirect costs incurred in claims settlements, and other direct costs 

associated with services provided to specific investors or potential 

investors pursuant to section 234 of the Foreign Assistance Act of 

1961, shall not be considered administrative expenses for the purposes of this heading. 

PROGRAM ACCOUNT

For the cost of direct and guaranteed loans, $24,000,000, as authorized by section 234 of the Foreign Assistance Act of 1961, to be 

derived by transfer from the Overseas Private Investment Corporation Non-Credit Account: Provided, That such costs, including the 

cost of modifying such loans, shall be as defined in section 502 of 

the Congressional Budget Act of 1974: Provided further, That such 

sums shall be available for direct loan obligations and loan guaranty commitments incurred or made during fiscal years 2005 and 

2006: Provided further, That such sums shall remain available 

through fiscal year 2013 for the disbursement of direct and guaranteed loans obligated in fiscal year 2005, and through fiscal year 

2014 for the disbursement of direct and guaranteed loans obligated 

in fiscal year 2006: Provided further, That notwithstanding any 

other provision of law, the Overseas Private Investment Corporation 

is authorized to undertake any program authorized by title IV of the 

Foreign Assistance Act of 1961 in Iraq: Provided further, That 

funds made available pursuant to the authority of the previous proviso shall be subject to the regular notification procedures of the 

Committees on Appropriations. 

In addition, such sums as may be necessary for administrative 

expenses to carry out the credit program may be derived from 

amounts available for administrative expenses to carry out the credit and insurance programs in the Overseas Private Investment Corporation Noncredit Account and merged with said account. 

FUNDS APPROPRIATED TO THE PRESIDENT

TRADE AND DEVELOPMENT AGENCY

For necessary expenses to carry out the provisions of section 661 

of the Foreign Assistance Act of 1961, $51,500,000, to remain available until September 30, 2006. 

TITLE II—BILATERAL ECONOMIC ASSISTANCE 

FUNDS APPROPRIATED TO THE PRESIDENT

For expenses necessary to enable the President to carry out the 

provisions of the Foreign Assistance Act of 1961, and for other purposes, to remain available until September 30, 2005, unless otherwise specified herein, as follows: 

164 

UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT

CHILD SURVIVAL AND HEALTH PROGRAMS FUND

(INCLUDING TRANSFER OF FUNDS)

For necessary expenses to carry out the provisions of chapters 

1 and 10 of part I of the Foreign Assistance Act of 1961, for child 

survival, health, and family planning/reproductive health activities, in addition to funds otherwise available for such purposes, 

$1,550,000,000, to remain available until September 30, 2006: Provided, That this amount shall be made available for such activities 

as: (1) immunization programs; (2) oral rehydration programs; (3) 

health, nutrition, water and sanitation programs which directly address the needs of mothers and children, and related education programs; (4) assistance for children displaced or orphaned by causes 

other than AIDS; (5) programs for the prevention, treatment, control 

of, and research on HIV/AIDS, tuberculosis, polio, malaria, and 

other infectious diseases, and for assistance to communities severely 

affected by HIV/AIDS, including children displaced or orphaned by 

AIDS; and (6) family planning/reproductive health: Provided further, That none of the funds appropriated under this heading may 

be made available for nonproject assistance, except that funds may 

be made available for such assistance for ongoing health activities: 

Provided further, That of the funds appropriated under this heading, not to exceed $250,000, in addition to funds otherwise available 

for such purposes, may be used to monitor and provide oversight of 

child survival, maternal and family planning/reproductive health, 

and infectious disease programs: Provided further, That the following amounts should be allocated as follows: $345,000,000 for 

child survival and maternal health; $30,000,000 for vulnerable children; $350,000,000 for HIV/AIDS including not less than 

$30,000,000 to support the development of microbicides as a means 

for combating HIV/AIDS; $200,000,000 for other infectious diseases; and $375,000,000 for family planning/reproductive health, 

including in areas where population growth threatens biodiversity 

or endangered species: Provided further, That of the funds appropriated under this heading, and in addition to funds allocated 

under the previous proviso, not less than $250,000,000 shall be 

made available, notwithstanding any other provision of law, except 

for the United States Leadership Against HIV/AIDS, Tuberculosis 

and Malaria Act of 2003 (Public Law 108–25), for a United States 

contribution to the Global Fund to Fight AIDS, Tuberculosis and 

Malaria (the ‘‘Global Fund’’), and shall be expended at the minimum rate necessary to make timely payment for projects and activities: Provided further, That of the funds appropriated under this 

heading in the Foreign Operations, Export Financing, and Related 

Programs Appropriations Act, 2004, that were withheld from obligation to the Global Fund, not less than $87,800,000 shall be made 

available to the Global Fund, notwithstanding section 202(d)(4) of 

Public Law 108–25 which required such withholding from the Global Fund in fiscal year 2004: Provided further, That the funds made 

available in the previous proviso shall be subject to any withholding 

required by section 202(d)(4) of Public Law 108–25 for contributions 

made to the Global Fund in fiscal year 2005: Provided further, That 

up to 5 percent of the aggregate amount of funds made available to 

165 

the Global Fund in fiscal year 2005 may be made available to the 

United States Agency for International Development for technical 

assistance related to the activities of the Global Fund: Provided further, That of the funds appropriated under this heading that are 

available for HIV/AIDS programs and activities, not less than 

$27,000,000 should be made available for the International AIDS 

Vaccine Initiative: Provided further, That of the funds appropriated 

under this heading, $65,000,000 should be made available for a 

United States contribution to The Vaccine Fund, and up to 

$6,000,000 may be transferred to and merged with funds appropriated by this Act under the heading ‘‘Operating Expenses of the 

United States Agency for International Development’’ for costs directly related to international health, but funds made available for 

such costs may not be derived from amounts made available for 

contribution under this and preceding provisos: Provided further, 

That none of the funds made available in this Act nor any unobligated balances from prior appropriations may be made available to 

any organization or program which, as determined by the President 

of the United States, supports or participates in the management of 

a program of coercive abortion or involuntary sterilization: Provided 

further, That none of the funds made available under this Act may 

be used to pay for the performance of abortion as a method of family 

planning or to motivate or coerce any person to practice abortions: 

Provided further, That nothing in this paragraph shall be construed 

to alter any existing statutory prohibitions against abortion under 

section 104 of the Foreign Assistance Act of 1961: Provided further, 

That none of the funds made available under this Act may be used 

to lobby for or against abortion: Provided further, That in order to 

reduce reliance on abortion in developing nations, funds shall be 

available only to voluntary family planning projects which offer, either directly or through referral to, or information about access to, 

a broad range of family planning methods and services, and that 

any such voluntary family planning project shall meet the following 

requirements: (1) service providers or referral agents in the project 

shall not implement or be subject to quotas, or other numerical targets, of total number of births, number of family planning acceptors, 

or acceptors of a particular method of family planning (this provision shall not be construed to include the use of quantitative estimates or indicators for budgeting and planning purposes); (2) the 

project shall not include payment of incentives, bribes, gratuities, or 

financial reward to: (A) an individual in exchange for becoming a 

family planning acceptor; or (B) program personnel for achieving a 

numerical target or quota of total number of births, number of family planning acceptors, or acceptors of a particular method of family 

planning; (3) the project shall not deny any right or benefit, including the right of access to participate in any program of general welfare or the right of access to health care, as a consequence of any 

individual’s decision not to accept family planning services; (4) the 

project shall provide family planning acceptors comprehensible information on the health benefits and risks of the method chosen, including those conditions that might render the use of the method inadvisable and those adverse side effects known to be consequent to 

the use of the method; and (5) the project shall ensure that experimental contraceptive drugs and devices and medical procedures are 

provided only in the context of a scientific study in which particiVerDate Aug 04 2004 07:33 Dec 01, 2004 Jkt 096906 PO 00000 Frm 00169 Fmt 6659 Sfmt 6603 E:\HR\OC\HR792.XXX HR792
166 

pants are advised of potential risks and benefits; and, not less than 

60 days after the date on which the Administrator of the United 

States Agency for International Development determines that there 

has been a violation of the requirements contained in paragraph (1), 

(2), (3), or (5) of this proviso, or a pattern or practice of violations 

of the requirements contained in paragraph (4) of this proviso, the 

Administrator shall submit to the Committees on Appropriations a 

report containing a description of such violation and the corrective 

action taken by the Agency: Provided further, That in awarding 

grants for natural family planning under section 104 of the Foreign 

Assistance Act of 1961 no applicant shall be discriminated against 

because of such applicant’s religious or conscientious commitment to 

offer only natural family planning; and, additionally, all such applicants shall comply with the requirements of the previous proviso: 

Provided further, That for purposes of this or any other Act authorizing or appropriating funds for foreign operations, export financing, and related programs, the term ‘‘motivate’’, as it relates to family planning assistance, shall not be construed to prohibit the provision, consistent with local law, of information or counseling about 

all pregnancy options: Provided further, That to the maximum extent feasible, taking into consideration cost, timely availability, and 

best health practices, funds appropriated in this Act or prior appropriations Acts that are made available for condom procurement 

shall be made available only for the procurement of condoms manufactured in the United States: Provided further, That information 

provided about the use of condoms as part of projects or activities 

that are funded from amounts appropriated by this Act shall be 

medically accurate and shall include the public health benefits and 

failure rates of such use. 

DEVELOPMENT ASSISTANCE

For necessary expenses of the United States Agency for International Development to carry out the provisions of sections 103, 

105, 106, and 131, and chapter 10 of part I of the Foreign Assistance Act of 1961, $1,460,000,000, to remain available until September 30, 2006: Provided, That $194,000,000 should be allocated 

for trade capacity building: Provided further, That $300,000,000 

should be allocated for basic education: Provided further, That of 

the funds appropriated under this heading and managed by the 

United States Agency for International Development Bureau of Democracy, Conflict, and Humanitarian Assistance, not less than 

$15,000,000 shall be made available only for programs to improve 

women’s leadership capacity in recipient countries: Provided further, That such funds may not be made available for construction: 

Provided further, That of the aggregate amount of the funds appropriated by this Act that are made available for agriculture and 

rural development programs, $25,000,000 should be made available 

for plant biotechnology research and development: Provided further, 

That not less than $2,300,000 should be made available for core 

support for the International Fertilizer Development Center: Provided further, That of the funds appropriated under this heading, 

not less than $20,000,000 should be made available for the American Schools and Hospitals Abroad program: Provided further, That 

of the funds appropriated under this heading that are made available for assistance programs for displaced and orphaned children 

167 

and victims of war, not to exceed $37,500, in addition to funds otherwise available for such purposes, may be used to monitor and provide oversight of such programs: Provided further, That funds appropriated under this heading should be made available for programs in sub-Saharan Africa to address sexual and gender-based 

violence: Provided further, That of the funds appropriated under 

this heading, $2,000,000 should be made available to develop clean 

water treatment activities in developing countries: Provided further, 

That of the funds appropriated by this Act, $100,000,000 shall be 

made available for drinking water supply projects and related activities. 

INTERNATIONAL DISASTER AND FAMINE ASSISTANCE

For necessary expenses of the United States Agency for International Development to carry out the provisions of section 491 of 

the Foreign Assistance Act of 1961 for international disaster relief, 

rehabilitation, and reconstruction assistance, $335,500,000, to remain available until expended. 

In addition, for necessary expenses for assistance for famine 

prevention and relief, including for mitigation of the effects of famine, $34,500,000, to remain available until expended: Provided, 

That such funds shall be made available utilizing the general authorities of section 491 of the Foreign Assistance Act of 1961, and 

shall be in addition to amounts otherwise available for such purposes: Provided further, That funds appropriated by this paragraph 

shall be available for obligation subject to prior consultation with 

the Committees on Appropriations. 

TRANSITION INITIATIVES

For necessary expenses for international disaster rehabilitation 

and reconstruction assistance pursuant to section 491 of the Foreign 

Assistance Act of 1961, $49,000,000, to remain available until expended, to support transition to democracy and to long-term development of countries in crisis: Provided, That such support may include assistance to develop, strengthen, or preserve democratic institutions and processes, revitalize basic infrastructure, and foster the 

peaceful resolution of conflict: Provided further, That the United 

States Agency for International Development shall submit a report 

to the Committees on Appropriations at least 5 days prior to beginning a new program of assistance: Provided further, That if the 

President determines that is important to the national interests of 

the United States to provide transition assistance in excess of the 

amount appropriated under this heading, up to $15,000,000 of the 

funds appropriated by this Act to carry out the provisions of part 

I of the Foreign Assistance Act of 1961 may be used for purposes 

of this heading and under the authorities applicable to funds appropriated under this heading: Provided further, That funds made 

available pursuant to the previous proviso shall be made available 

subject to prior consultation with the Committees on Appropriations. 

168 

DEVELOPMENT CREDIT AUTHORITY

(INCLUDING TRANSFER OF FUNDS)

For the cost of direct loans and loan guarantees provided by the 

United States Agency for International Development, as authorized 

by sections 108 and 635 of the Foreign Assistance Act of 1961, funds 

may be derived by transfer from funds appropriated by this Act to 

carry out part I of such Act and under the heading ‘‘Assistance for 

Eastern Europe and the Baltic States’’: Provided, That such funds 

shall not exceed $21,000,000, which shall be made available only 

for micro and small enterprise programs, urban programs, and 

other programs which further the purposes of part I of the Act: Provided further, That such costs, including the cost of modifying such 

direct and guaranteed loans, shall be as defined in section 502 of 

the Congressional Budget Act of 1974, as amended: Provided further, That funds made available by this paragraph may be used for 

the cost of modifying any such guaranteed loans under this Act or 

prior Acts, and funds used for such costs shall be subject to the regular notification procedures of the Committees on Appropriations: 

Provided further, That the provisions of section 107A(d) (relating to 

general provisions applicable to the Development Credit Authority) 

of the Foreign Assistance Act of 1961, as contained in section 306 

of H.R. 1486 as reported by the House Committee on International 

Relations on May 9, 1997, shall be applicable to direct loans and 

loan guarantees provided under this heading. 

In addition, for administrative expenses to carry out credit programs administered by the United States Agency for International 

Development, $8,000,000, which may be transferred to and merged 

with the appropriation for Operating Expenses of the United States 

Agency for International Development: Provided, That funds made 

available under this heading shall remain available until September 30, 2007. 

PAYMENT TO THE FOREIGN SERVICE RETIREMENT AND DISABILITY

FUND

For payment to the ‘‘Foreign Service Retirement and Disability 

Fund’’, as authorized by the Foreign Service Act of 1980, 

$42,500,000. 

OPERATING EXPENSES OF THE UNITED STATES AGENCY FOR

INTERNATIONAL DEVELOPMENT

For necessary expenses to carry out the provisions of section 667 

of the Foreign Assistance Act of 1961, $618,000,000, of which up to 

$25,000,000 may remain available until September 30, 2006: Provided, That none of the funds appropriated under this heading and 

under the heading ‘‘Capital Investment Fund’’ may be made available to finance the construction (including architect and engineering 

services), purchase, or long-term lease of offices for use by the 

United States Agency for International Development, unless the Administrator has identified such proposed construction (including architect and engineering services), purchase, or long-term lease of offices in a report submitted to the Committees on Appropriations at 

least 15 days prior to the obligation of these funds for such purposes: Provided further, That the previous proviso shall not apply 

169 

where the total cost of construction (including architect and engineering services), purchase, or long-term lease of offices does not exceed $1,000,000: Provided further, That contracts or agreements entered into with funds appropriated under this heading may entail 

commitments for the expenditure of such funds through fiscal year 

2006: Provided further, That none of the funds in this Act may be 

used to open a new overseas mission of the United States Agency for 

International Development without the prior written notification of 

the Committees on Appropriations: Provided further, That the authority of sections 610 and 109 of the Foreign Assistance Act of 1961 

may be exercised by the Secretary of State to transfer funds appropriated to carry out chapter 1 of part I of such Act to ‘‘Operating 

Expenses of the United States Agency for International Development’’ in accordance with the provisions of those sections. 

CAPITAL INVESTMENT FUND

For necessary expenses for overseas construction and related 

costs, and for the procurement and enhancement of information 

technology and related capital investments, pursuant to section 667 

of the Foreign Assistance Act of 1961, $59,000,000, to remain available until expended: Provided, That this amount is in addition to 

funds otherwise available for such purposes: Provided further, That 

funds appropriated under this heading shall be available for obligation only pursuant to the regular notification procedures of the 

Committees on Appropriations: Provided further, That of the 

amounts appropriated under this heading, not to exceed 

$19,709,000 may be made available for the purposes of implementing the Capital Security Cost Sharing Program. 

OPERATING EXPENSES OF THE UNITED STATES AGENCY FOR

INTERNATIONAL DEVELOPMENT OFFICE OF INSPECTOR GENERAL

For necessary expenses to carry out the provisions of section 667 of the Foreign Assistance Act of 1961, $35,000,000, to remain available until September 30, 2006, which sum shall be available for the 

Office of the Inspector General of the United States Agency for International Development. 

OTHER BILATERAL ECONOMIC ASSISTANCE

ECONOMIC SUPPORT FUND

For necessary expenses to carry out the provisions of chapter 4 of part II, $2,482,500,000, to remain available until September 30, 

2006: Provided, That of the funds appropriated under this heading, 

not less than $360,000,000 shall be available only for Israel, which 

sum shall be available on a grant basis as a cash transfer and shall 

be disbursed within 30 days of the enactment of this Act: Provided 

further, That not less than $535,000,000 shall be available only for 

Egypt, which sum shall be provided on a grant basis, and of which 

sum cash transfer assistance shall be provided with the understanding that Egypt will undertake significant economic reforms 

which are additional to those which were undertaken in previous 

fiscal years, and of which $200,000,000 should be provided as Commodity Import Program assistance: Provided further, That with respect to the provision of assistance for Egypt for democracy and governance activities, the organizations implementing such assistance 

170 

and the specific nature of that assistance shall not be subject to the 

prior approval by the Government of Egypt: Provided further, That 

in exercising the authority to provide cash transfer assistance for 

Israel, the President shall ensure that the level of such assistance 

does not cause an adverse impact on the total level of nonmilitary 

exports from the United States to such country and that Israel enters into a side letter agreement in an amount proportional to the 

fiscal year 1999 agreement: Provided further, That of the funds appropriated under this heading, not less than $250,000,000 should be 

made available only for assistance for Jordan: Provided further, 

That $13,500,000 of the funds appropriated under this heading 

shall be made available for Cyprus to be used only for scholarships, 

administrative support of the scholarship program, bicommunal 

projects, and measures aimed at reunification of the island and designed to reduce tensions and promote peace and cooperation between the two communities on Cyprus: Provided further, That 

$35,000,000 of the funds appropriated under this heading shall be 

made available for assistance for Lebanon, of which not less than 

$4,000,000 should be made available for scholarships and direct 

support of American educational institutions in Lebanon: Provided 

further, That funds appropriated under this heading may be used, 

notwithstanding any other provision of law, to provide assistance to 

the National Democratic Alliance of Sudan to strengthen its ability 

to protect civilians from attacks, slave raids, and aerial bombardment by the Sudanese Government forces and its militia allies, and 

the provision of such funds shall be subject to the regular notification procedures of the Committees on Appropriations: Provided further, That in the previous proviso, the term ‘‘assistance’’ includes 

non-lethal, non-food aid such as blankets, medicine, fuel, mobile 

clinics, water drilling equipment, communications equipment to notify civilians of aerial bombardment, non-military vehicles, tents, 

and shoes: Provided further, That not to exceed $200,000,000 of the 

funds appropriated under this heading may be used for the costs, 

as defined in section 502 of the Congressional Budget Act of 1974, 

of modifying direct loans and guarantees for Pakistan: Provided 

further, That amounts that are made available under the previous 

proviso for the costs of modifying direct loans and guarantees shall 

not be considered ‘‘assistance’’ for the purposes of provisions of law 

limiting assistance to a country: Provided further, That of the funds 

appropriated under this heading, not less than $22,000,000 shall be 

made available for assistance for the Democratic Republic of TimorLeste, of which up to $1,000,000 may be available for administrative expenses of the United States Agency for International Development: Provided further, That of the funds available under this 

heading for assistance for Indonesia, $3,000,000 should be made 

available to promote freedom of the media in Indonesia: Provided 

further, That of the funds appropriated under this heading, 

$5,000,000 shall be made available to continue to support the provision of wheelchairs for needy persons in developing countries: Provided further, That funds appropriated under this heading that are 

made available for a Middle East Financing Facility, Middle East 

Enterprise Fund, or any other similar entity in the Middle East 

shall be subject to the regular notification procedures of the Committees on Appropriations: Provided further, That with respect to 

funds appropriated under this heading in this Act or prior Acts 

171 

making appropriations for foreign operations, export financing, and 

related programs, the responsibility for policy decisions and justifications for the use of such funds, including whether there will be 

a program for a country that uses those funds and the amount of 

each such program, shall be the responsibility of the Secretary of 

State and the Deputy Secretary of State and this responsibility shall 

not be delegated. 

INTERNATIONAL FUND FOR IRELAND

For necessary expenses to carry out the provisions of chapter 4 

of part II of the Foreign Assistance Act of 1961, $18,500,000, which 

shall be available for the United States contribution to the International Fund for Ireland and shall be made available in accordance with the provisions of the Anglo-Irish Agreement Support Act 

of 1986 (Public Law 99–415): Provided, That such amount shall be 

expended at the minimum rate necessary to make timely payment 

for projects and activities: Provided further, That funds made available under this heading shall remain available until September 30, 

2006. 

ASSISTANCE FOR EASTERN EUROPE AND THE BALTIC STATES

(a) For necessary expenses to carry out the provisions of the Foreign Assistance Act of 1961 and the Support for East European Democracy (SEED) Act of 1989, $396,600,000, to remain available 

until September 30, 2006, which shall be available, notwithstanding 

any other provision of law, for assistance and for related programs 

for Eastern Europe and the Baltic States: Provided, That of the 

funds appropriated under this heading that are made available for 

assistance for Bulgaria, $2,000,000 should be made available to enhance safety at nuclear power plants. 

(b) Funds appropriated under this heading shall be considered 

to be economic assistance under the Foreign Assistance Act of 1961 

for purposes of making available the administrative authorities contained in that Act for the use of economic assistance. 

(c) The provisions of section 529 of this Act shall apply to funds 

appropriated under this heading: Provided, That notwithstanding 

any provision of this or any other Act, including provisions in this 

subsection regarding the application of section 529 of this Act, local 

currencies generated by, or converted from, funds appropriated by 

this Act and by previous appropriations Acts and made available 

for the economic revitalization program in Bosnia may be used in 

Eastern Europe and the Baltic States to carry out the provisions of 

the Foreign Assistance Act of 1961 and the Support for East European Democracy (SEED) Act of 1989. 

(d) The President is authorized to withhold funds appropriated 

under this heading made available for economic revitalization programs in Bosnia and Herzegovina, if he determines and certifies to 

the Committees on Appropriations that the Federation of Bosnia 

and Herzegovina has not complied with article III of annex 1–A of 

the General Framework Agreement for Peace in Bosnia and 

Herzegovina concerning the withdrawal of foreign forces, and that 

intelligence cooperation on training, investigations, and related activities between state sponsors of terrorism and terrorist organizations and Bosnian officials has not been terminated. 

172 

ASSISTANCE FOR THE INDEPENDENT STATES OF THE FORMER SOVIET

UNION

(a) For necessary expenses to carry out the provisions of chapters 11 and 12 of part I of the Foreign Assistance Act of 1961 and 

the FREEDOM Support Act, for assistance for the Independent 

States of the former Soviet Union and for related programs, 

$560,000,000, to remain available until September 30, 2006: Provided, That the provisions of such chapters shall apply to funds appropriated by this paragraph: Provided further, That funds made 

available for the Southern Caucasus region may be used, notwithstanding any other provision of law, for confidence-building measures and other activities in furtherance of the peaceful resolution of 

the regional conflicts, especially those in the vicinity of Abkhazia 

and Nagorno-Karabagh: Provided further, That of the funds appropriated under this heading, $3,859,000 should be available only to 

meet the health and other assistance needs of victims of trafficking 

in persons: Provided further, That of the funds appropriated under 

this heading, $17,500,000 shall be made available solely for assistance for the Russian Far East: Provided further, That, notwithstanding any other provision of law, funds appropriated under this 

heading in this Act or prior Acts making appropriations for foreign 

operations, export financing, and related programs, that are made 

available pursuant to the provisions of section 807 of Public Law 

102–511 shall be subject to a 6 percent ceiling on administrative expenses. 

(b) Of the funds appropriated under this heading that are made 

available for assistance for Ukraine, not less than $5,000,000 

should be made available for nuclear reactor safety initiatives, and 

not less than $1,500,000 shall be made available for coal mine safety programs. 

(c) Of the funds appropriated under this heading, not less than 

$55,000,000 should be made available, in addition to funds otherwise available for such purposes, for assistance for child survival, 

environmental and reproductive health, and to combat HIV/AIDS, 

tuberculosis and other infectious diseases, and for related activities. 

(d)(1) Of the funds appropriated under this heading that are allocated for assistance for the Government of the Russian Federation, 

60 percent shall be withheld from obligation until the President determines and certifies in writing to the Committees on Appropriations that the Government of the Russian Federation: 

(A) has terminated implementation of arrangements to provide Iran with technical expertise, training, technology, or 

equipment necessary to develop a nuclear reactor, related nuclear research facilities or programs, or ballistic missile capability; and 

(B) is providing full access to international non-government 

organizations providing humanitarian relief to refugees and internally displaced persons in Chechnya. 

(2) Paragraph (1) shall not apply to— 

(A) assistance to combat infectious diseases, child survival 

activities, or assistance for victims of trafficking in persons; and 

(B) activities authorized under title V (Nonproliferation 

and Disarmament Programs and Activities) of the FREEDOM 

Support Act. 

173 

(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 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. 

174 

MILLENNIUM CHALLENGE CORPORATION

For necessary expenses for the ‘‘Millennium Challenge Corporation’’, $1,500,000,000, to remain available until expended: Provided, 

That of the funds appropriated under this heading, up to 

$50,000,000 may be available for administrative expenses of the 

Millennium Challenge Corporation: Provided further, That none of 

the funds appropriated under this heading may be made available 

for the provision of assistance until the Chief Executive Officer of 

the Millennium Challenge Corporation provides a written budget 

justification to the Committees on Appropriations: Provided further, 

That up to 10 percent of the funds appropriated under this heading 

may be made available to carry out the purposes of section 616 of 

the Millennium Challenge Act of 2003: Provided further, That none 

of the funds available to carry out section 616 of such Act may be 

made available until the Chief Executive Officer of the Millennium 

Challenge Corporation provides a report to the Committees on Appropriations listing the candidate countries that will be receiving 

assistance under section 616 of such Act, the level of assistance proposed for each such country, a description of the proposed programs, 

projects and activities, and the implementing agency or agencies of 

the United States Government: Provided further, That section 

605(e)(4) of the Millennium Challenge Act of 2003 shall apply to 

funds appropriated under this heading: Provided further, That 

funds appropriated under this heading, and funds appropriated 

under this heading in division D of Public Law 108–199, may be 

made available for a Millennium Challenge Compact entered into 

pursuant to section 609 of the Millennium Challenge Act of 2003 

only if such Compact obligates, or contains a commitment to obligate subject to the availability of funds and the mutual agreement 

of the parties to the Compact to proceed, the entire amount of the 

United States Government funding anticipated for the duration of 

the Compact: Provided further, That the previous proviso shall be 

effective on the date of enactment of this Act. 

DEPARTMENT OF STATE

GLOBAL HIV/AIDS INITIATIVE

For necessary expenses to carry out the provisions of the Foreign 

Assistance Act of 1961 for the prevention, treatment, and control of, 

and research on, HIV/AIDS, $1,385,000,000, to remain available 

until expended: Provided, That of the funds appropriated under this 

heading, not more than $8,818,000 may be made available for administrative expenses of the Office of the Coordinator of United 

States Government Activities to Combat HIV/AIDS Globally of the 

Department of State: Provided further, That of the funds appropriated under this heading, not less than $27,000,000 should be 

made available for a United States contribution to UNAIDS. 

INTERNATIONAL NARCOTICS CONTROL AND LAW ENFORCEMENT

For necessary expenses to carry out section 481 of the Foreign 

Assistance Act of 1961, $328,820,000, to remain available until September 30, 2007: Provided, That during fiscal year 2005, the Department of State may also use the authority of section 608 of the 

Foreign Assistance Act of 1961, without regard to its restrictions, to 

175 

receive excess property from an agency of the United States Government for the purpose of providing it to a foreign country under 

chapter 8 of part I of that Act subject to the regular notification procedures of the Committees on Appropriations: Provided further, 

That the Secretary of State shall provide to the Committees on Appropriations not later than 45 days after the date of the enactment 

of this Act and prior to the initial obligation of funds appropriated 

under this heading, a report on the proposed uses of all funds under 

this heading on a country-by-country basis for each proposed program, project, or activity: Provided further, That of the funds appropriated under this heading, not less than $11,900,000 should be 

made available for training programs and activities of the International Law Enforcement Academies: Provided further, That of the 

funds appropriated under this heading, not less than $4,000,000 

should be made available for assistance for the Philippines for police training and other related activities: Provided further, That 

$10,000,000 of the funds appropriated under this heading shall be 

made available for demand reduction programs: Provided further, 

That $40,000,000 of the funds appropriated under this heading 

should be made available for assistance for Mexico: Provided further, That $10,500,000 of the funds appropriated under this heading should be made available for assistance for countries and programs in Africa: Provided further, That of the funds appropriated 

under this heading, $3,000,000 shall be made available for assistance for the Government of Malta for the purchase of helicopters to 

enhance its ability to control its borders and deter terrorists: Provided further, That of the funds appropriated under this heading, 

not more than $30,300,000 may be available for administrative expenses. 

ANDEAN COUNTERDRUG INITIATIVE

For necessary expenses to carry out section 481 of the Foreign 

Assistance Act of 1961 to support counterdrug activities in the Andean region of South America, $731,000,000, to remain available until 

September 30, 2007: Provided, That in fiscal year 2005, funds available to the Department of State for assistance to the Government of 

Colombia shall be available to support a unified campaign against 

narcotics trafficking, against activities by organizations designated 

as terrorist organizations such as the Revolutionary Armed Forces 

of Colombia (FARC), the National Liberation Army (ELN), and the 

United Self-Defense Forces of Colombia (AUC), and to take actions 

to protect human health and welfare in emergency circumstances, 

including undertaking rescue operations: Provided further, That 

this authority shall cease to be effective if the Secretary of State has 

credible evidence that the Colombian Armed Forces are not conducting vigorous operations to restore government authority and respect for human rights in areas under the effective control of paramilitary and guerrilla organizations: Provided further, That the 

President shall ensure that if any helicopter procured with funds 

under this heading is used to aid or abet the operations of any illegal self-defense group or illegal security cooperative, such helicopter 

shall be immediately returned to the United States: Provided further, That none of the funds appropriated by this Act may be made 

available to support a Peruvian air interdiction program until the 

Secretary of State and Director of Central Intelligence certify to the 

176 

Congress, 30 days before any resumption of United States involvement in a Peruvian air interdiction program, that an air interdiction program that permits the ability of the Peruvian Air Force to 

shoot down aircraft will include enhanced safeguards and procedures to prevent the occurrence of any incident similar to the April 

20, 2001 incident: Provided further, That the Secretary of State, in 

consultation with the Administrator of the United States Agency for 

International Development, shall provide to the Committees on Appropriations not later than 45 days after the date of the enactment 

of this Act and prior to the initial obligation of funds appropriated 

under this heading, a report on the proposed uses of all funds under 

this heading on a country-by-country basis for each proposed program, project, or activity: Provided further, That of the funds appropriated under this heading, not less than $264,600,000 shall be 

made available for alternative development/institution building, of 

which $237,000,000 shall be apportioned directly to the United 

States Agency for International Development, including 

$125,700,000 for assistance for Colombia: Provided further, That 

with respect to funds apportioned to the United States Agency for 

International Development under the previous proviso, the responsibility for policy decisions for the use of such funds, including what 

activities will be funded and the amount of funds that will be provided for each of those activities, shall be the responsibility of the 

Administrator of the United States Agency for International Development in consultation with the Assistant Secretary of State for 

International Narcotics and Law Enforcement Affairs: Provided further, That of the funds appropriated under this heading, not less 

than $6,000,000 should be made available for judicial reform programs in Colombia: Provided further, That of the funds appropriated under this heading, in addition to funds made available 

pursuant to the previous proviso, not less than $6,000,000 shall be 

made available to the United States Agency for International Development for organizations and programs to protect human rights: 

Provided further, That funds made available in this Act for demobilization/reintegration of members of foreign terrorist organizations 

in Colombia shall be subject to prior consultation with, and the regular notification procedures of, the Committees on Appropriations: 

Provided further, That not more than 20 percent of the funds appropriated by this Act that are used for the procurement of chemicals 

for aerial coca and poppy fumigation programs may be made available for such programs unless the Secretary of State certifies to the 

Committees on Appropriations that: (1) the herbicide mixture is 

being used in accordance with EPA label requirements for comparable use in the United States and with Colombian laws; and (2) 

the herbicide mixture, in the manner it is being used, does not pose 

unreasonable risks or adverse effects to humans or the environment: 

Provided further, That such funds may not be made available unless the Secretary of State certifies to the Committees on Appropriations that complaints of harm to health or licit crops caused by such 

fumigation are evaluated and fair compensation is being paid for 

meritorious claims: Provided further, That such funds may not be 

made available for such purposes unless programs are being implemented by the United States Agency for International Development, 

the Government of Colombia, or other organizations, in consultation 

with local communities, to provide alternative sources of income in 

177 

areas where security permits for small-acreage growers whose illicit 

crops are targeted for fumigation: Provided further, That of the 

funds appropriated under this heading, $2,000,000 should be made 

available through nongovernmental organizations for programs to 

protect biodiversity and indigenous reserves in Colombia: Provided 

further, That funds appropriated by this Act may be used for aerial 

fumigation in Colombia’s national parks or reserves only if the Secretary of State determines that it is in accordance with Colombian 

laws and that there are no effective alternatives to reduce drug cultivation in these areas: Provided further, That section 482(b) of the 

Foreign Assistance Act of 1961 shall not apply to funds appropriated under this heading: Provided further, That assistance provided with funds appropriated under this heading that is made 

available notwithstanding section 482(b) of the Foreign Assistance 

Act of 1961 shall be made available subject to the regular notification procedures of the Committees on Appropriations: Provided further, That no United States Armed Forces personnel or United 

States civilian contractor employed by the United States will participate in any combat operation in connection with assistance made 

available by this Act for Colombia: Provided further, That funds appropriated under this heading that are available for assistance for 

the Bolivian military and police may be made available for such 

purposes only if the Bolivian military and police are respecting 

human rights and cooperating with civilian judicial authorities, 

and the Bolivian Government is prosecuting and punishing those responsible for violations of human rights: Provided further, That of 

the funds appropriated under this heading, not more than 

$16,285,000 may be available for administrative expenses of the Department of State, and not more than $7,800,000 may be available, 

in addition to amounts otherwise available for such purposes, for 

administrative expenses of the United States Agency for International Development. 

MIGRATION AND REFUGEE ASSISTANCE

For expenses, not otherwise provided for, necessary to enable the 

Secretary of State to provide, as authorized by law, a contribution 

to the International Committee of the Red Cross, assistance to refugees, including contributions to the International Organization for 

Migration and the United Nations High Commissioner for Refugees, 

and other activities to meet refugee and migration needs; salaries 

and expenses of personnel and dependents as authorized by the Foreign Service Act of 1980; allowances as authorized by sections 5921 

through 5925 of title 5, United States Code; purchase and hire of 

passenger motor vehicles; and services as authorized by section 3109 

of title 5, United States Code, $770,000,000, which shall remain 

available until expended: Provided, That not more than $22,000,000 

may be available for administrative expenses: Provided further, 

That not less than $50,000,000 of the funds made available under 

this heading shall be made available for refugees from the former 

Soviet Union and Eastern Europe and other refugees resettling in 

Israel: Provided further, That funds appropriated under this heading may be made available for a headquarters contribution to the 

International Committee of the Red Cross only if the Secretary of 

State determines (and so reports to the appropriate committees of 

Congress) that the Magen David Adom Society of Israel is not being 

178 

denied participation in the activities of the International Red Cross 

and Red Crescent Movement. 

UNITED STATES EMERGENCY REFUGEE AND MIGRATION ASSISTANCE

FUND

For necessary expenses to carry out the provisions of section 2(c) 

of the Migration and Refugee Assistance Act of 1962, as amended 

(22 U.S.C. 2601(c)), $30,000,000, to remain available until expended: Provided, That funds made available under this heading 

are appropriated notwithstanding the provisions contained in section 2(c)(2) of such Act which would limit the amount of funds 

which could be appropriated for this purpose. 

NONPROLIFERATION, ANTI-TERRORISM, DEMINING AND RELATED

PROGRAMS

For necessary expenses for nonproliferation, anti-terrorism, 

demining and related programs and activities, $402,000,000, to 

carry out the provisions of chapter 8 of part II of the Foreign Assistance Act of 1961 for anti-terrorism assistance, chapter 9 of part II 

of the Foreign Assistance Act of 1961, section 504 of the FREEDOM 

Support Act, section 23 of the Arms Export Control Act or the Foreign Assistance Act of 1961 for demining activities, the clearance of 

unexploded ordnance, the destruction of small arms, and related activities, notwithstanding any other provision of law, including activities implemented through nongovernmental and international 

organizations, and section 301 of the Foreign Assistance Act of 1961 

for a voluntary contribution to the International Atomic Energy 

Agency (IAEA), and for a United States contribution to the Comprehensive Nuclear Test Ban Treaty Preparatory Commission: Provided, That of this amount not to exceed $32,000,000, to remain 

available until expended, may be made available for the Nonproliferation and Disarmament Fund, notwithstanding any other 

provision of law, to promote bilateral and multilateral activities relating to nonproliferation and disarmament: Provided further, That 

such funds may also be used for such countries other than the Independent States of the former Soviet Union and international organizations when it is in the national security interest of the United 

States to do so: Provided further, That funds appropriated under 

this heading may be made available for the International Atomic 

Energy Agency only if the Secretary of State determines (and so reports to the Congress) that Israel is not being denied its right to 

participate in the activities of that Agency: Provided further, That 

funds available during fiscal year 2005 for a contribution to the 

Comprehensive Nuclear Test Ban Treaty Preparatory Commission 

and that are not necessary to make the United States contribution 

to the Commission in the amount assessed for fiscal year 2005 shall 

be made available for a voluntary contribution to the International 

Atomic Energy Agency and shall remain available until September 

30, 2006: Provided further, That of the funds made available for 

demining and related activities, not to exceed $690,000, in addition 

to funds otherwise available for such purposes, may be used for administrative expenses related to the operation and management of 

the demining program: Provided further, That funds appropriated 

under this heading that are available for ‘‘Anti-terrorism AssistVerDate Aug 04 2004 07:33 Dec 01, 2004 Jkt 096906 PO 00000 Frm 00182 Fmt 6659 Sfmt 6603 E:\HR\OC\HR792.XXX HR792
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ance’’ and ‘‘Export Control and Border Security’’ shall remain available until September 30, 2006. 

DEPARTMENT OF THE TREASURY

INTERNATIONAL AFFAIRS TECHNICAL ASSISTANCE

For necessary expenses to carry out the provisions of section 129 of the Foreign Assistance Act of 1961, $19,000,000, to remain available until September 30, 2007, which shall be available notwithstanding any other provision of law. 

DEBT RESTRUCTURING

For the cost, as defined in section 502 of the Congressional 

Budget Act of 1974, of modifying loans and loan guarantees, as the 

President may determine, for which funds have been appropriated 

or otherwise made available for programs within the International 

Affairs Budget Function 150, including the cost of selling, reducing, 

or canceling amounts owed to the United States as a result of 

concessional loans made to eligible countries, pursuant to parts IV 

and V of the Foreign Assistance Act of 1961, and of modifying 

concessional credit agreements with least developed countries, as 

authorized under section 411 of the Agricultural Trade Development 

and Assistance Act of 1954, as amended, and concessional loans, 

guarantees and credit agreements, as authorized under section 572 

of the Foreign Operations, Export Financing, and Related Programs 

Appropriations Act, 1989 (Public Law 100–461), and of canceling 

amounts owed, as a result of loans or guarantees made pursuant to 

the Export-Import Bank Act of 1945, by countries that are eligible 

for debt reduction pursuant to title V of H.R. 3425 as enacted into 

law by section 1000(a)(5) of Public Law 106–113, $100,000,000, to 

remain available until September 30, 2007: Provided, That not less 

than $20,000,000 of the funds appropriated under this heading 

shall be made available to carry out the provisions of part V of the 

Foreign Assistance Act of 1961: Provided further, That up to 

$75,000,000 of the funds appropriated under this heading may be 

used by the Secretary of the Treasury to pay to the Heavily Indebted 

Poor Countries (HIPC) Trust Fund administered by the International Bank for Reconstruction and Development amounts for the 

benefit of countries that are eligible for debt reduction pursuant to 

title V of H.R. 3425 as enacted into law by section 1000(a)(5) of 

Public Law 106–113: Provided further, That amounts paid to the 

HIPC Trust Fund may be used only to fund debt reduction under 

the enhanced HIPC initiative by— 

(1) the Inter-American Development Bank; 

(2) the African Development Fund; 

(3) the African Development Bank; and 

(4) the Central American Bank for Economic Integration: 

Provided further, That funds may not be paid to the HIPC Trust 

Fund for the benefit of any country if the Secretary of State has 

credible evidence that the government of such country is engaged in 

a consistent pattern of gross violations of internationally recognized 

human rights or in military or civil conflict that undermines its 

ability to develop and implement measures to alleviate poverty and 

to devote adequate human and financial resources to that end: Provided further, That on the basis of final appropriations, the SecVerDate Aug 04 2004 07:33 Dec 01, 2004 Jkt 096906 PO 00000 Frm 00183 Fmt 6659 Sfmt 6603 E:\HR\OC\HR792.XXX HR792
180 

retary of the Treasury shall consult with the Committees on Appropriations concerning which countries and international financial institutions are expected to benefit from a United States contribution 

to the HIPC Trust Fund during the fiscal year: Provided further, 

That the Secretary of the Treasury shall inform the Committees on 

Appropriations not less than 15 days in advance of the signature of 

an agreement by the United States to make payments to the HIPC 

Trust Fund of amounts for such countries and institutions: Provided further, That the Secretary of the Treasury may disburse 

funds designated for debt reduction through the HIPC Trust Fund 

only for the benefit of countries that— 

(1) have committed, for a period of 24 months, not to accept 

new market-rate loans from the international financial institution receiving debt repayment as a result of such disbursement, 

other than loans made by such institutions to export-oriented 

commercial projects that generate foreign exchange which are 

generally referred to as ‘‘enclave’’ loans; and 

(2) have documented and demonstrated their commitment 

to redirect their budgetary resources from international debt repayments to programs to alleviate poverty and promote economic growth that are additional to or expand upon those previously available for such purposes: 

Provided further, That any limitation of subsection (e) of section 411 

of the Agricultural Trade Development and Assistance Act of 1954 

shall not apply to funds appropriated under this heading: Provided 

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

in this or any other appropriations Act shall be made available for 

Sudan or Burma unless the Secretary of the Treasury determines 

and notifies the Committees on Appropriations that a democratically elected government has taken office: Provided further, That 

none of the funds appropriated under this heading may be paid to 

the HIPC Trust Fund for the benefit of any country that has accepted loans from an international financial institution between such 

country’s decision point and completion point: Provided further, 

That the terms ‘‘decision point’’ and ‘‘completion point’’ shall have 

the same meaning as defined by the International Monetary Fund. 

TITLE III—MILITARY ASSISTANCE 

FUNDS APPROPRIATED TO THE PRESIDENT

INTERNATIONAL MILITARY EDUCATION AND TRAINING

For necessary expenses to carry out the provisions of section 541 

of the Foreign Assistance Act of 1961, $89,730,000, of which up to 

$3,000,000 may remain available until expended: Provided, That 

the civilian personnel for whom military education and training 

may be provided under this heading may include civilians who are 

not members of a government whose participation would contribute 

to improved civil-military relations, civilian control of the military, 

or respect for human rights: Provided further, That funds appropriated under this heading for military education and training for 

Guatemala may only be available for expanded international military education and training, and funds made available for Haiti, 

the Democratic Republic of the Congo, and Nigeria may only be proVerDate Aug 04 2004 07:33 Dec 01, 2004 Jkt 096906 PO 00000 Frm 00184 Fmt 6659 Sfmt 6603 E:\HR\OC\HR792.XXX HR792
181 

vided through the regular notification procedures of the Committees 

on Appropriations. 

FOREIGN MILITARY FINANCING PROGRAM

(INCLUDING TRANSFER OF FUNDS)

For expenses necessary for grants to enable the President to 

carry out the provisions of section 23 of the Arms Export Control 

Act, $4,783,500,000: Provided, That of the funds appropriated 

under this heading, not less than $2,220,000,000 shall be available 

for grants only for Israel, and not less than $1,300,000,000 shall be 

made available for grants only for Egypt: Provided further, That the 

funds appropriated by this paragraph for Israel shall be disbursed 

within 30 days of the enactment of this Act: Provided further, That 

to the extent that the Government of Israel requests that funds be 

used for such purposes, grants made available for Israel by this 

paragraph shall, as agreed by Israel and the United States, be 

available for advanced weapons systems, of which not less than 

$580,000,000 shall be available for the procurement in Israel of defense articles and defense services, including research and development: Provided further, That of the funds appropriated by this 

paragraph, $206,000,000 should be made available for assistance 

for Jordan: Provided further, That in addition to the funds appropriated under this heading, up to $150,000,000 for assistance for 

Pakistan may be derived by transfer from unobligated balances of 

funds appropriated under the headings ‘‘Economic Support Fund’’ 

and ‘‘Foreign Military Financing Program’’ in prior appropriations 

Acts and not otherwise designated in those Acts for a specific country, use, or purpose: Provided further, That of the funds appropriated under this heading, not more than $2,000,000 may be made 

available for assistance for Uganda and only for non-lethal military 

equipment if the Secretary of State determines and reports to the 

Committees on Appropriations that the Government of Uganda has 

made significant progress in: (1) the protection of human rights, especially preventing acts of torture; (2) the protection of civilians in 

northern and eastern Uganda; and (3) the professionalization of the 

Ugandan armed forces: Provided further, That funds appropriated 

or otherwise made available by this paragraph shall be nonrepayable notwithstanding any requirement in section 23 of the Arms Export Control Act: Provided further, That funds made available 

under this paragraph shall be obligated upon apportionment in accordance with paragraph (5)(C) of title 31, United States Code, section 1501(a). 

None of the funds made available under this heading shall be 

available to finance the procurement of defense articles, defense 

services, or design and construction services that are not sold by the 

United States Government under the Arms Export Control Act unless the foreign country proposing to make such procurements has 

first signed an agreement with the United States Government specifying the conditions under which such procurements may be financed with such funds: Provided, That all country and funding 

level increases in allocations shall be submitted through the regular 

notification procedures of section 515 of this Act: Provided further, 

That none of the funds appropriated under this heading shall be 

available for assistance for Sudan and Guatemala: Provided furVerDate Aug 04 2004 07:33 Dec 01, 2004 Jkt 096906 PO 00000 Frm 00185 Fmt 6659 Sfmt 6603 E:\HR\OC\HR792.XXX HR792
182 

ther, That none of the funds appropriated under this heading may 

be made available for assistance for Haiti except pursuant to the 

regular notification procedures of the Committees on Appropriations: Provided further, That funds made available under this heading may be used, notwithstanding any other provision of law, for 

demining, the clearance of unexploded ordnance, and related activities, and may include activities implemented through nongovernmental and international organizations: Provided further, That only 

those countries for which assistance was justified for the ‘‘Foreign 

Military Sales Financing Program’’ in the fiscal year 1989 congressional presentation for security assistance programs may utilize 

funds made available under this heading for procurement of defense 

articles, defense services or design and construction services that are 

not sold by the United States Government under the Arms Export 

Control Act: Provided further, That funds appropriated under this 

heading shall be expended at the minimum rate necessary to make 

timely payment for defense articles and services: Provided further, 

That not more than $40,000,000 of the funds appropriated under 

this heading may be obligated for necessary expenses, including the 

purchase of passenger motor vehicles for replacement only for use 

outside of the United States, for the general costs of administering 

military assistance and sales: Provided further, That not more than 

$367,000,000 of funds realized pursuant to section 21(e)(1)(A) of the 

Arms Export Control Act may be obligated for expenses incurred by 

the Department of Defense during fiscal year 2005 pursuant to section 43(b) of the Arms Export Control Act, except that this limitation may be exceeded only through the regular notification procedures of the Committees on Appropriations: Provided further, That 

foreign military financing program funds estimated to be outlayed 

for Egypt during fiscal year 2005 shall be transferred to an interest 

bearing account for Egypt in the Federal Reserve Bank of New York 

within 30 days of enactment of this Act. 

PEACEKEEPING OPERATIONS

For necessary expenses to carry out the provisions of section 551 

of the Foreign Assistance Act of 1961, $104,000,000: Provided, That 

none of the funds appropriated under this heading shall be obligated or expended except as provided through the regular notification procedures of the Committees on Appropriations. 

TITLE IV—MULTILATERAL ECONOMIC ASSISTANCE 

FUNDS APPROPRIATED TO THE PRESIDENT

INTERNATIONAL FINANCIAL INSTITUTIONS

GLOBAL ENVIRONMENT FACILITY

For the United States contribution for the Global Environment 

Facility, $107,500,000 to the International Bank for Reconstruction 

and Development as trustee for the Global Environment Facility, by 

the Secretary of the Treasury, to remain available until expended. 

183 

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 De- velopment by the Secretary of the Treasury, $35,431,111 for the 

United States share of the paid-in portion of the increase in capital 

stock, to remain available until expended. 

LIMITATION ON CALLABLE CAPITAL SUBSCRIPTIONS

The United States Governor of the European Bank for Reconstruction and Development may subscribe without fiscal year limitation to the callable capital portion of the United States share of such 

capital stock in an amount not to exceed $121,996,662. 

CONTRIBUTION TO THE INTERNATIONAL FUND FOR AGRICULTURAL

DEVELOPMENT

For the United States contribution by the Secretary of the 

Treasury to increase the resources of the International Fund for Agricultural Development, $15,000,000, to remain available until expended. 

184 

INTERNATIONAL ORGANIZATIONS AND PROGRAMS

For necessary expenses to carry out the provisions of section 301 

of the Foreign Assistance Act of 1961, and of section 2 of the United 

Nations Environment Program Participation Act of 1973, 

$328,394,000: Provided, That none of the funds appropriated under 

this heading may be made available to the International Atomic Energy Agency (IAEA). 

TITLE V—GENERAL PROVISIONS 

COMPENSATION FOR UNITED STATES EXECUTIVE DIRECTORS TO

INTERNATIONAL FINANCIAL INSTITUTIONS

SEC. 501. (a) No funds appropriated by this Act may be made 

as payment to any international financial institution while the 

United States Executive Director to such institution is compensated 

by the institution at a rate which, together with whatever compensation such Director receives from the United States, is in excess of the 

rate provided for an individual occupying a position at level IV of 

the Executive Schedule under section 5315 of title 5, United States 

Code, or while any alternate United States Director to such institution is compensated by the institution at a rate in excess of the rate 

provided for an individual occupying a position at level V of the Executive Schedule under section 5316 of title 5, United States Code. 

(b) For purposes of this section, ‘‘international financial institutions’’ are: the International Bank for Reconstruction and Development, the Inter-American Development Bank, the Asian Development Bank, the Asian Development Fund, the African Development 

Bank, the African Development Fund, the International Monetary 

Fund, the North American Development Bank, and the European 

Bank for Reconstruction and Development. 

RESTRICTIONS ON VOLUNTARY CONTRIBUTIONS TO UNITED NATIONS

AGENCIES

SEC. 502. None of the funds appropriated by this Act may be 

made available to pay any voluntary contribution of the United 

States to the United Nations (including the United Nations Development Program) if the United Nations implements or imposes any 

taxation on any United States persons. 

LIMITATION ON RESIDENCE EXPENSES

SEC. 503. Of the funds appropriated or made available pursuant to this Act, not to exceed $100,500 shall be for official residence 

expenses of the United States Agency for International Development 

during the current fiscal year: Provided, That appropriate steps 

shall be taken to assure that, to the maximum extent possible, 

United States-owned foreign currencies are utilized in lieu of dollars. 

LIMITATION ON EXPENSES

SEC. 504. Of the funds appropriated or made available pursuant to this Act, not to exceed $5,000 shall be for entertainment expenses of the United States Agency for International Development 

during the current fiscal year. 

185 

LIMITATION ON REPRESENTATIONAL ALLOWANCES

SEC. 505. Of the funds appropriated or made available pursuant to this Act, not to exceed $125,000 shall be available for representation allowances for the United States Agency for International Development during the current fiscal year: Provided, That 

appropriate steps shall be taken to assure that, to the maximum extent possible, United States-owned foreign currencies are utilized in 

lieu of dollars: Provided further, That of the funds made available 

by this Act for general costs of administering military assistance 

and sales under the heading ‘‘Foreign Military Financing Program’’, 

not to exceed $4,000 shall be available for entertainment expenses 

and not to exceed $130,000 shall be available for representation allowances: Provided further, That of the funds made available by 

this Act under the heading ‘‘International Military Education and 

Training’’, not to exceed $55,000 shall be available for entertainment allowances: Provided further, That of the funds made available by this Act for the Inter-American Foundation, not to exceed 

$2,000 shall be available for entertainment and representation allowances: Provided further, That of the funds made available by 

this Act for the Peace Corps, not to exceed a total of $4,000 shall 

be available for entertainment expenses: Provided further, That of 

the funds made available by this Act under the heading ‘‘Trade and 

Development Agency’’, not to exceed $4,000 shall be available for 

representation and entertainment allowances: Provided further, 

That of the funds made available by this Act under the heading 

‘‘Millennium Challenge Corporation’’, not to exceed $115,000 shall 

be available for representation and entertainment allowances. 

PROHIBITION ON TAXATION OF UNITED STATES ASSISTANCE

SEC. 506. (a) PROHIBITION ON TAXATION.—None of the funds 

appropriated by this Act may be made available to provide assistance for a foreign country under a new bilateral agreement governing the terms and conditions under which such assistance is to 

be provided unless such agreement includes a provision stating that 

assistance provided by the United States shall be exempt from taxation, or reimbursed, by the foreign government, and the Secretary 

of State shall expeditiously seek to negotiate amendments to existing 

bilateral agreements, as necessary, to conform with this requirement. 

(b) REIMBURSEMENT OF FOREIGN TAXES.—An amount equivalent to 200 percent of the total taxes assessed during fiscal year 

2005 on funds appropriated by this Act by a foreign government or 

entity against commodities financed under United States assistance 

programs for which funds are appropriated by this Act, either directly or through grantees, contractors and subcontractors shall be 

withheld from obligation from funds appropriated for assistance for 

fiscal year 2006 and allocated for the central government of such 

country and for the West Bank and Gaza Program to the extent that 

the Secretary of State certifies and reports in writing to the Committees on Appropriations that such taxes have not been reimbursed to 

the Government of the United States. 

(c) DE MINIMIS EXCEPTION.—Foreign taxes of a de minimis nature shall not be subject to the provisions of subsection (b). 

186 

(d) REPROGRAMMING OF FUNDS.—Funds withheld from obligation for each country or entity pursuant to subsection (b) shall be 

reprogrammed for assistance to countries which do not assess taxes 

on United States assistance or which have an effective arrangement 

that is providing substantial reimbursement of such taxes. 

(e) DETERMINATIONS.— (1) The provisions of this section shall not apply to any 

country or entity the Secretary of State determines— 

(A) does not assess taxes on United States assistance or 

which has an effective arrangement that is providing substantial reimbursement of such taxes; or 

(B) the foreign policy interests of the United States outweigh the policy of this section to ensure that United States 

assistance is not subject to taxation. 

(2) The Secretary of State shall consult with the Committees on Appropriations at least 15 days prior to exercising the 

authority of this subsection with regard to any country or entity. 

(f) IMPLEMENTATION.—The Secretary of State shall issue rules, 

regulations, or policy guidance, as appropriate, to implement the 

prohibition against the taxation of assistance contained in this section. 

(g) DEFINITIONS.—As used in this section— 

(1) the terms ‘‘taxes’’ and ‘‘taxation’’ refer to value added 

taxes and customs duties imposed on commodities financed 

with United States assistance for programs for which funds are 

appropriated by this Act; and 

(2) the term ‘‘bilateral agreement’’ refers to a framework bilateral agreement between the Government of the United States 

and the government of the country receiving assistance that describes the privileges and immunities applicable to United 

States foreign assistance for such country generally, or an individual agreement between the Government of the United States 

and such government that describes, among other things, the 

treatment for tax purposes that will be accorded the United 

States assistance provided under that agreement. 

PROHIBITION AGAINST DIRECT FUNDING FOR CERTAIN COUNTRIES

SEC. 507. None of the funds appropriated or otherwise made 

available pursuant to this Act shall be obligated or expended to finance directly any assistance or reparations to Cuba, Libya, North 

Korea, Iran, or Syria: Provided, That for purposes of this section, 

the prohibition on obligations or expenditures shall include direct 

loans, credits, insurance and guarantees of the Export-Import Bank 

or its agents. 

MILITARY COUPS

SEC. 508. None of the funds appropriated or otherwise made 

available pursuant to this Act shall be obligated or expended to finance directly any assistance to the government of any country 

whose duly elected head of government is deposed by decree or military coup: Provided, That assistance may be resumed to such government if the President determines and certifies to the Committees 

on Appropriations that subsequent to the termination of assistance 

a democratically elected government has taken office: Provided furVerDate Aug 04 2004 07:33 Dec 01, 2004 Jkt 096906 PO 00000 Frm 00190 Fmt 6659 Sfmt 6603 E:\HR\OC\HR792.XXX HR792
187 

ther, That the provisions of this section shall not apply to assistance 

to promote democratic elections or public participation in democratic processes: Provided further, That funds made available pursuant to the previous provisos shall be subject to the regular notification procedures of the Committees on Appropriations. 

TRANSFERS

SEC. 509. (a)(1) LIMITATION ON TRANSFERS BETWEEN AGENCIES.—None of the funds made available by this Act may be transferred to any department, agency, or instrumentality of the United 

States Government, except pursuant to a transfer made by, or transfer authority provided in, this Act or any other appropriation Act. 

(2) Notwithstanding paragraph (1), in addition to transfers 

made by, or authorized elsewhere in, this Act, funds appropriated 

by this Act to carry out the purposes of the Foreign Assistance Act 

of 1961 may be allocated or transferred to agencies of the United 

States Government pursuant to the provisions of sections 109, 610, 

and 632 of the Foreign Assistance Act of 1961. 

(b) TRANSFERS BETWEEN ACCOUNTS.—None of the funds made 

available by this Act may be obligated under an appropriation account to which they were not appropriated, except for transfers specifically provided for in this Act, unless the President, not less than 

five days prior to the exercise of any authority contained in the Foreign Assistance Act of 1961 to transfer funds, consults with and provides a written policy justification to the Committees on Appropriations of the House of Representatives and the Senate. 

(c) AUDIT OF INTER-AGENCY TRANSFERS.—Any agreement for 

the transfer or allocation of funds appropriated by this Act, or prior 

Acts, entered into between the United States Agency for International Development and another agency of the United States Government under the authority of section 632(a) of the Foreign Assistance Act of 1961 or any comparable provision of law, shall expressly 

provide that the Office of the Inspector General for the agency receiving the transfer or allocation of such funds shall perform periodic program and financial audits of the use of such funds: Provided, That funds transferred under such authority may be made 

available for the cost of such audits. 

COMMERCIAL LEASING OF DEFENSE ARTICLES

SEC. 510. Notwithstanding any other provision of law, and subject to the regular notification procedures of the Committees on Appropriations, the authority of section 23(a) of the Arms Export Control Act may be used to provide financing to Israel, Egypt and 

NATO and major non-NATO allies for the procurement by leasing 

(including leasing with an option to purchase) of defense articles 

from United States commercial suppliers, not including Major Defense Equipment (other than helicopters and other types of aircraft 

having possible civilian application), if the President determines 

that there are compelling foreign policy or national security reasons 

for those defense articles being provided by commercial lease rather 

than by government-to-government sale under such Act. 

188 

AVAILABILITY OF FUNDS

SEC. 511. No part of any appropriation contained in this Act 

shall remain available for obligation after the expiration of the current fiscal year unless expressly so provided in this Act: Provided, 

That funds appropriated for the purposes of chapters 1, 8, 11, and 

12 of part I, section 667, chapters 4, 6, 8, and 9 of part II of the 

Foreign Assistance Act of 1961, section 23 of the Arms Export Control Act, and funds provided under the heading ‘‘Assistance for 

Eastern Europe and the Baltic States’’, shall remain available for 

an additional four years from the date on which the availability of 

such funds would otherwise have expired, if such funds are initially 

obligated before the expiration of their respective periods of availability contained in this Act: Provided further, That, notwithstanding any other provision of this Act, any funds made available 

for the purposes of chapter 1 of part I and chapter 4 of part II of 

the Foreign Assistance Act of 1961 which are allocated or obligated 

for cash disbursements in order to address balance of payments or 

economic policy reform objectives, shall remain available until expended. 

LIMITATION ON ASSISTANCE TO COUNTRIES IN DEFAULT

SEC. 512. No part of any appropriation contained in this Act 

shall be used to furnish assistance to the government of any country 

which is in default during a period in excess of one calendar year 

in payment to the United States of principal or interest on any loan 

made to the government of such country by the United States pursuant to a program for which funds are appropriated under this Act 

unless the President determines, following consultations with the 

Committees on Appropriations, that assistance to such country is in 

the national interest of the United States. 

COMMERCE AND TRADE

SEC. 513. (a) None of the funds appropriated or made available 

pursuant to this Act for direct assistance and none of the funds otherwise made available pursuant to this Act to the Export-Import 

Bank and the Overseas Private Investment Corporation shall be obligated or expended to finance any loan, any assistance or any other 

financial commitments for establishing or expanding production of 

any commodity for export by any country other than the United 

States, if the commodity is likely to be in surplus on world markets 

at the time the resulting productive capacity is expected to become 

operative and if the assistance will cause substantial injury to 

United States producers of the same, similar, or competing commodity: Provided, That such prohibition shall not apply to the Export-Import Bank if in the judgment of its Board of Directors the 

benefits to industry and employment in the United States are likely 

to outweigh the injury to United States producers of the same, similar, or competing commodity, and the Chairman of the Board so notifies the Committees on Appropriations. 

(b) None of the funds appropriated by this or any other Act to 

carry out chapter 1 of part I of the Foreign Assistance Act of 1961 

shall be available for any testing or breeding feasibility study, variety improvement or introduction, consultancy, publication, conference, or training in connection with the growth or production in 

189 

a foreign country of an agricultural commodity for export which 

would compete with a similar commodity grown or produced in the 

United States: Provided, That this subsection shall not prohibit— 

(1) activities designed to increase food security in developing countries where such activities will not have a significant 

impact on the export of agricultural commodities of the United 

States; or 

(2) research activities intended primarily to benefit American producers. 

SURPLUS COMMODITIES

SEC. 514. The Secretary of the Treasury shall instruct the 

United States Executive Directors of the International Bank for Reconstruction and Development, the International Development Association, the International Finance Corporation, the Inter-American 

Development Bank, the International Monetary Fund, the Asian Development Bank, the Inter-American Investment Corporation, the 

North American Development Bank, the European Bank for Reconstruction and Development, the African Development Bank, and the 

African Development Fund to use the voice and vote of the United 

States to oppose any assistance by these institutions, using funds 

appropriated or made available pursuant to this Act, for the production or extraction of any commodity or mineral for export, if it is 

in surplus on world markets and if the assistance will cause substantial injury to United States producers of the same, similar, or 

competing commodity. 

NOTIFICATION REQUIREMENTS

SEC. 515. For the purposes of providing the executive branch 

with the necessary administrative flexibility, none of the funds made 

available under this Act for ‘‘Child Survival and Health Programs 

Fund’’, ‘‘Development Assistance’’, ‘‘International Organizations and 

Programs’’, ‘‘Trade and Development Agency’’, ‘‘International Narcotics Control and Law Enforcement’’, ‘‘Andean Counterdrug Initiative’’, ‘‘Assistance for Eastern Europe and the Baltic States’’, ‘‘Assistance for the Independent States of the Former Soviet Union’’, ‘‘Economic Support Fund’’, ‘‘Global HIV/AIDS Initiative’’, ‘‘Peacekeeping 

Operations’’, ‘‘Capital Investment Fund’’, ‘‘Operating Expenses of the 

United States Agency for International Development’’, ‘‘Operating 

Expenses of the United States Agency for International Development 

Office of Inspector General’’, ‘‘Nonproliferation, Anti-terrorism, 

Demining and Related Programs’’, ‘‘Millennium Challenge Corporation’’ (by country only), ‘‘Foreign Military Financing Program’’, 

‘‘International Military Education and Training’’, ‘‘Peace Corps’’, 

and ‘‘Migration and Refugee Assistance’’, shall be available for obligation for activities, programs, projects, type of materiel assistance, 

countries, or other operations not justified or in excess of the amount 

justified to the Committees on Appropriations for obligation under 

any of these specific headings unless the Committees on Appropriations of both Houses of Congress are previously notified 15 days in 

advance: Provided, That the President shall not enter into any commitment of funds appropriated for the purposes of section 23 of the 

Arms Export Control Act for the provision of major defense equipment, other than conventional ammunition, or other major defense 

items defined to be aircraft, ships, missiles, or combat vehicles, not 

190 

previously justified to Congress or 20 percent in excess of the quantities justified to Congress unless the Committees on Appropriations 

are notified 15 days in advance of such commitment: Provided further, That this section shall not apply to any reprogramming for an 

activity, program, or project for which funds are appropriated under 

title II of this Act of less than 10 percent of the amount previously 

justified to the Congress for obligation for such activity, program, 

or project for the current fiscal year: Provided further, That the requirements of this section or any similar provision of this Act or any 

other Act, including any prior Act requiring notification in accordance with the regular notification procedures of the Committees on 

Appropriations, may be waived if failure to do so would pose a substantial risk to human health or welfare: Provided further, That in 

case of any such waiver, notification to the Congress, or the appropriate congressional committees, shall be provided as early as practicable, but in no event later than 3 days after taking the action to 

which such notification requirement was applicable, in the context 

of the circumstances necessitating such waiver: Provided further, 

That any notification provided pursuant to such a waiver shall contain an explanation of the emergency circumstances. 

LIMITATION ON AVAILABILITY OF FUNDS FOR INTERNATIONAL

ORGANIZATIONS AND PROGRAMS

SEC. 516. Subject to the regular notification procedures of the 

Committees on Appropriations, funds appropriated under this Act 

or any previously enacted Act making appropriations for foreign operations, export financing, and related programs, which are returned or not made available for organizations and programs because of the implementation of section 307(a) of the Foreign Assistance Act of 1961, shall remain available for obligation until September 30, 2006. 

INDEPENDENT STATES OF THE FORMER SOVIET UNION

SEC. 517. (a) None of the funds appropriated under the heading 

‘‘Assistance for the Independent States of the Former Soviet Union’’ 

shall be made available for assistance for a government of an Independent State of the former Soviet Union if that government directs 

any action in violation of the territorial integrity or national sovereignty of any other Independent State of the former Soviet Union, 

such as those violations included in the Helsinki Final Act: Provided, That such funds may be made available without regard to 

the restriction in this subsection if the President determines that to 

do so is in the national security interest of the United States. 

(b) None of the funds appropriated under the heading ‘‘Assistance for the Independent States of the Former Soviet Union’’ shall 

be made available for any state to enhance its military capability: 

Provided, That this restriction does not apply to demilitarization, 

demining or nonproliferation programs. 

(c) Funds appropriated under the heading ‘‘Assistance for the 

Independent States of the Former Soviet Union’’ for the Russian 

Federation, Armenia, Georgia, and Ukraine shall be subject to the 

regular notification procedures of the Committees on Appropriations. 

(d) Funds made available in this Act for assistance for the 

Independent States of the former Soviet Union shall be subject to 

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the provisions of section 117 (relating to environment and natural 

resources) of the Foreign Assistance Act of 1961. 

(e) In issuing new task orders, entering into contracts, or making grants, with funds appropriated in this Act or prior appropriations Acts under the heading ‘‘Assistance for the Independent States 

of the Former Soviet Union’’ and under comparable headings in 

prior appropriations Acts, for projects or activities that have as one 

of their primary purposes the fostering of private sector development, the Coordinator for United States Assistance to Europe and 

Eurasia and the implementing agency shall encourage the participation of and give significant weight to contractors and grantees 

who propose investing a significant amount of their own resources 

(including volunteer services and in-kind contributions) in such 

projects and activities. 

PROHIBITION OF FUNDING FOR ABORTIONS AND INVOLUNTARY

STERILIZATION

SEC. 518. None of the funds made available to carry out part 

I of the Foreign Assistance Act of 1961, as amended, may be used 

to pay for the performance of abortions as a method of family planning or to motivate or coerce any person to practice abortions. None 

of the funds made available to carry out part I of the Foreign Assistance Act of 1961, as amended, may be used to pay for the performance of involuntary sterilization as a method of family planning or 

to coerce or provide any financial incentive to any person to undergo 

sterilizations. None of the funds made available to carry out part 

I of the Foreign Assistance Act of 1961, as amended, may be used 

to pay for any biomedical research which relates in whole or in 

part, to methods of, or the performance of, abortions or involuntary 

sterilization as a means of family planning. None of the funds made 

available to carry out part I of the Foreign Assistance Act of 1961, 

as amended, may be obligated or expended for any country or organization if the President certifies that the use of these funds by any 

such country or organization would violate any of the above provisions related to abortions and involuntary sterilizations. 

EXPORT FINANCING TRANSFER AUTHORITIES

SEC. 519. Not to exceed 5 percent of any appropriation other 

than for administrative expenses made available for fiscal year 

2005, for programs under title I of this Act may be transferred between such appropriations for use for any of the purposes, programs, and activities for which the funds in such receiving account 

may be used, but no such appropriation, except as otherwise specifically provided, shall be increased by more than 25 percent by any 

such transfer: Provided, That the exercise of such authority shall be 

subject to the regular notification procedures of the Committees on 

Appropriations. 

SPECIAL NOTIFICATION REQUIREMENTS

SEC. 520. None of the funds appropriated by this Act shall be 

obligated or expended for Liberia, Serbia, Sudan, Zimbabwe, Pakistan, or Cambodia except as provided through the regular notification procedures of the Committees on Appropriations. 

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DEFINITION OF PROGRAM, PROJECT, AND ACTIVITY

SEC. 521. For the purpose of this Act, ‘‘program, project, and activity’’ shall be defined at the appropriations Act account level and 

shall include all appropriations and authorizations Acts earmarks, 

ceilings, and limitations with the exception that for the following accounts: Economic Support Fund and Foreign Military Financing 

Program, ‘‘program, project, and activity’’ shall also be considered 

to include country, regional, and central program level funding 

within each such account; for the development assistance accounts 

of the United States Agency for International Development ‘‘program, project, and activity’’ shall also be considered to include central, country, regional, and program level funding, either as: (1) justified to the Congress; or (2) allocated by the executive branch in accordance with a report, to be provided to the Committees on Appropriations within 30 days of the enactment of this Act, as required 

by section 653(a) of the Foreign Assistance Act of 1961. 

CHILD SURVIVAL AND HEALTH ACTIVITIES

SEC. 522. Up to $13,500,000 of the funds made available by 

this Act for assistance under the heading ‘‘Child Survival and 

Health Programs Fund’’, may be used to reimburse United States 

Government agencies, agencies of State governments, institutions of 

higher learning, and private and voluntary organizations for the 

full cost of individuals (including for the personal services of such 

individuals) detailed or assigned to, or contracted by, as the case 

may be, the United States Agency for International Development for 

the purpose of carrying out activities under that heading: Provided, 

That up to $3,500,000 of the funds made available by this Act for 

assistance under the heading ‘‘Development Assistance’’ may be used 

to reimburse such agencies, institutions, and organizations for such 

costs of such individuals carrying out other development assistance 

activities: Provided further, That funds appropriated by titles II and 

III of this Act that are made available for bilateral assistance for 

child survival activities or disease programs including activities relating to research on, and the prevention, treatment and control of, 

HIV/AIDS may be made available notwithstanding any other provision of law except for the provisions under the heading ‘‘Child 

Survival and Health Programs Fund’’ and the United States Leadership Against HIV/AIDS, Tuberculosis, and Malaria Act of 2003 

(117 Stat. 711; 22 U.S.C. 7601 et seq.), as amended: Provided further, That of the funds appropriated under title II of this Act, not 

less than $441,000,000 shall be made available for family planning/reproductive health. 

AFGHANISTAN

SEC. 523. Of the funds appropriated by titles II and III of this 

Act, not less than $980,000,000 should be made available for humanitarian, reconstruction, and related assistance for Afghanistan: 

Provided, That of the funds made available pursuant to this section, 

not less than $2,000,000 should be made available for reforestation 

activities: Provided further, That funds made available pursuant to 

the previous proviso should be matched, to the maximum extent possible, with contributions from American and Afghan businesses: 

Provided further, That of the funds made available pursuant to this 

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section, not less than $2,000,000 should be made available for the 

Afghan Independent Human Rights Commission and for other Afghan human rights organizations: Provided further, That to the 

maximum extent practicable members of the Afghan National Army 

should be vetted for involvement in terrorism, human rights violations, and drug trafficking: Provided further, That of the funds allocated for assistance for Afghanistan from this Act and other Acts 

making appropriations for foreign operations, export financing, and 

related programs for fiscal year 2005, not less than $50,000,000 

should be made available to support programs that directly address 

the needs of Afghan women and girls, of which not less than 

$7,500,000 shall be made available for small grants to support 

training and equipment to improve the capacity of women-led Afghan nongovernmental organizations and to support the activities of 

such organizations. 

NOTIFICATION ON EXCESS DEFENSE EQUIPMENT

SEC. 524. Prior to providing excess Department of Defense articles in accordance with section 516(a) of the Foreign Assistance Act 

of 1961, the Department of Defense shall notify the Committees on 

Appropriations to the same extent and under the same conditions as 

are other committees pursuant to subsection (f) of that section: Provided, That before issuing a letter of offer to sell excess defense articles under the Arms Export Control Act, the Department of Defense 

shall notify the Committees on Appropriations in accordance with 

the regular notification procedures of such Committees if such defense articles are significant military equipment (as defined in section 47(9) of the Arms Export Control Act) or are valued (in terms 

of original acquisition cost) at $7,000,000 or more, or if notification 

is required elsewhere in this Act for the use of appropriated funds 

for specific countries that would receive such excess defense articles: 

Provided further, That such Committees shall also be informed of 

the original acquisition cost of such defense articles. 

HIV/AIDS

SEC. 525. (a)(1) Notwithstanding any other provision of this 

Act, 25 percent of the funds that are appropriated by this Act for 

a contribution to support the Global Fund to Fight AIDS, Tuberculosis and Malaria (the ‘‘Global Fund’’) shall be withheld from obligation to the Global Fund until the Secretary of State certifies to 

the Committees on Appropriations that the Global Fund— 

(A) is establishing a full time, professional, independent office which reports directly to the Global Fund Board regarding, 

among other things, the integrity of processes for consideration 

and approval of grant proposals, and the implementation, monitoring and evaluation of grants made by the Global Fund; 

(B) is strengthening domestic civil society participation, especially for people living with HIV/AIDS, in country coordinating mechanisms; 

(C) is establishing procedures to assess the need for, and coordinate, technical assistance for Global Fund activities, in cooperation with bilateral and multilateral donors; 

(D) has established clear progress indicators upon which to 

determine the release of incremental disbursements; 

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(E) is releasing such incremental disbursements only if 

positive results have been attained based on those indicators; 

and 

(F) is providing support and oversight to country-level entities, such as country coordinating mechanisms, principal recipients, and local Fund agents, to enable them to fulfill their mandates. 

(2) The Secretary of State may waive paragraph (1) of this subsection if he determines and reports to the Committees on Appropriations that such waiver is important to the national interest of 

the United States. 

(b)(1) In furtherance of the purposes of section 104A of the Foreign Assistance Act of 1961, and to assist in providing a safe, secure, reliable, and sustainable supply chain of pharmaceuticals and 

other products needed to provide care and treatment of persons with 

HIV/AIDS and related infections, the Coordinator of the United 

States Government Activities to Combat HIV/AIDS Globally (the 

‘‘Coordinator’’) is authorized to establish an HIV/AIDS Working 

Capital Fund (in this section referred to as the ‘‘HIV/AIDS Fund’’). 

(2) Funds deposited during any fiscal year in the HIV/AIDS 

Fund shall be available without fiscal year limitation and used for 

pharmaceuticals and other products needed to provide care and 

treatment of persons with HIV/AIDS and related infections, including, but not limited to— 

(A) anti-retroviral drugs; 

(B) other pharmaceuticals and medical items needed to provide care and treatment to persons with HIV/AIDS and related 

infections; 

(C) laboratory and other supplies for performing tests related to the provision of care and treatment to persons with 

HIV/AIDS and related infections; 

(D) other medical supplies needed for the operation of HIV/ 

AIDS treatment and care centers, including products needed in 

programs for the prevention of mother-to-child transmission; 

(E) pharmaceuticals and health commodities needed for the 

provision of palliative care; and 

(F) laboratory and clinical equipment, as well as equipment 

needed for the transportation and care of HIV/AIDS supplies, 

and other equipment needed to provide prevention, care and 

treatment of HIV/AIDS described above. 

(3) There may be deposited during any fiscal year in the HIV/ 

AIDS Fund payments for HIV/AIDS pharmaceuticals and products 

provided from the HIV/AIDS Fund received from applicable appropriations and funds of the United States Agency for International 

Development, the Department of Health and Human Services, the 

Department of Defense, or other Federal agencies and other sources 

at actual cost of the HIV/AIDS pharmaceuticals and other products, actual cost plus the additional costs of providing such HIV/ 

AIDS pharmaceuticals and other products, or at any other price 

agreed to by the Coordinator or his designee. 

(4) There may be deposited in the HIV/AIDS Fund payments 

for the loss of, or damage to, HIV/AIDS pharmaceuticals and products held in the HIV/AIDS Fund, rebates, reimbursements, refunds 

and other credits applicable to the operation of the HIV/AIDS 

Fund. 

195 

(5) At the close of each fiscal year the Coordinator may transfer 

out of the HIV/AIDS Fund to other HIV/AIDS programmatic areas 

such amounts as the Coordinator determines to be in excess of the 

needs of the HIV/AIDS Fund. 

(6) At the close of each fiscal year the Coordinator shall submit 

a report to the Committees on Appropriations detailing the financial 

activities of the HIV/AIDS Fund, including sources of income and 

information regarding disbursements. 

DEMOCRACY PROGRAMS

SEC. 526. (a) Notwithstanding any other provision of law, of the 

funds appropriated by this Act to carry out the provisions of chapter 

4 of part II of the Foreign Assistance Act of 1961, not less than 

$19,000,000 shall be made available for assistance for activities to 

support democracy, human rights, and the rule of law in the People’s Republic of China and Hong Kong: Provided, That funds appropriated under the heading ‘‘Economic Support Fund’’ should be 

made available for assistance for Taiwan for the purposes of furthering political and legal reforms: Provided further, That such 

funds shall only be made available to the extent that they are 

matched from sources other than the United States Government: 

Provided further, That funds made available pursuant to the authority of this subsection shall be subject to the regular notification 

procedures of the Committees on Appropriations. 

(b)(1) In addition to the funds made available in subsection (a), 

of the funds appropriated by this Act under the heading ‘‘Economic 

Support Fund’’ not less than $15,000,000 shall be made available 

for programs and activities to foster democracy, human rights, civic 

education, women’s development, press freedom, and the rule of law 

in countries with a significant Muslim population, and where such 

programs and activities would be important to United States efforts 

to respond to, deter, or prevent acts of international terrorism: Provided, That funds made available pursuant to the authority of this 

subsection should support new initiatives and activities in those 

countries: Provided further, That of the funds appropriated under 

this heading, $3,000,000 shall be made available for programs and 

activities that provide professional training for journalists: Provided 

further, That notwithstanding any other provision of law, not less 

than $3,000,000 of such funds may be used for making grants to 

educational, humanitarian and nongovernmental organizations and 

individuals inside Iran to support the advancement of democracy 

and human rights in Iran: Provided further, That notwithstanding 

any other provision of law, funds appropriated pursuant to the authority of this subsection may be made available for democracy, 

human rights, and rule of law programs for Syria: Provided further, That funds made available pursuant to this subsection shall 

be subject to the regular notification procedures of the Committees 

on Appropriations. 

(2) In addition to funds made available under subsections (a) 

and (b)(1), of the funds appropriated by this Act under the heading 

‘‘Economic Support Fund’’ not less than $4,500,000 shall be made 

available for programs and activities of the National Endowment 

for Democracy to foster democracy, human rights, civic education, 

women’s development, press freedom, and the rule of law in countries in sub-Saharan Africa. 

196 

(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 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. 

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SEPARATE ACCOUNTS

SEC. 529. (a) SEPARATE ACCOUNTS FOR LOCAL CURRENCIES.— 

(1) If assistance is furnished to the government of a foreign country 

under chapters 1 and 10 of part I or chapter 4 of part II of the Foreign Assistance Act of 1961 under agreements which result in the 

generation of local currencies of that country, the Administrator of 

the United States Agency for International Development shall— 

(A) require that local currencies be deposited in a separate 

account established by that government; 

(B) enter into an agreement with that government which 

sets forth— 

(i) the amount of the local currencies to be generated; 

and 

(ii) the terms and conditions under which the currencies so deposited may be utilized, consistent with this 

section; and 

(C) establish by agreement with that government the responsibilities of the United States Agency for International Development and that government to monitor and account for deposits into and disbursements from the separate account. 

(2) USES OF LOCAL CURRENCIES.—As may be agreed upon with 

the foreign government, local currencies deposited in a separate account pursuant to subsection (a), or an equivalent amount of local 

currencies, shall be used only— 

(A) to carry out chapter 1 or 10 of part I or chapter 4 of 

part II (as the case may be), for such purposes as— 

(i) project and sector assistance activities; or 

(ii) debt and deficit financing; or 

(B) for the administrative requirements of the United States 

Government. 

(3) PROGRAMMING ACCOUNTABILITY.—The United States Agency 

for International Development shall take all necessary steps to ensure that the equivalent of the local currencies disbursed pursuant 

to subsection (a)(2)(A) from the separate account established pursuant to subsection (a)(1) are used for the purposes agreed upon pursuant to subsection (a)(2). 

(4) TERMINATION OF ASSISTANCE PROGRAMS.—Upon termination 

of assistance to a country under chapter 1 or 10 of part I or chapter 

4 of part II (as the case may be), any unencumbered balances of 

funds which remain in a separate account established pursuant to 

subsection (a) shall be disposed of for such purposes as may be 

agreed to by the government of that country and the United States 

Government. 

(5) REPORTING REQUIREMENT.—The Administrator of the 

United States Agency for International Development shall report on 

an annual basis as part of the justification documents submitted to 

the Committees on Appropriations on the use of local currencies for 

the administrative requirements of the United States Government as 

authorized in subsection (a)(2)(B), and such report shall include the 

amount of local currency (and United States dollar equivalent) used 

and/or to be used for such purpose in each applicable country. 

(b) SEPARATE ACCOUNTS FOR CASH TRANSFERS.—(1) If assistance is made available to the government of a foreign country, 

under chapter 1 or 10 of part I or chapter 4 of part II of the Foreign 

198 

Assistance Act of 1961, as cash transfer assistance or as nonproject 

sector assistance, that country shall be required to maintain such 

funds in a separate account and not commingle them with any other 

funds. 

(2) APPLICABILITY OF OTHER PROVISIONS OF LAW.—Such funds 

may be obligated and expended notwithstanding provisions of law 

which are inconsistent with the nature of this assistance including 

provisions which are referenced in the Joint Explanatory Statement 

of the Committee of Conference accompanying House Joint Resolution 648 (House Report No. 98–1159). 

(3) NOTIFICATION.—At least 15 days prior to obligating any 

such cash transfer or nonproject sector assistance, the President 

shall submit a notification through the regular notification procedures of the Committees on Appropriations, which shall include a 

detailed description of how the funds proposed to be made available 

will be used, with a discussion of the United States interests that 

will be served by the assistance (including, as appropriate, a description of the economic policy reforms that will be promoted by 

such assistance). 

(4) EXEMPTION.—Nonproject sector assistance funds may be exempt from the requirements of subsection (b)(1) only through the notification procedures of the Committees on Appropriations. 

ENTERPRISE FUND RESTRICTIONS

SEC. 530. (a) Prior to the distribution of any assets resulting 

from any liquidation, dissolution, or winding up of an Enterprise 

Fund, in whole or in part, the President shall submit to the Committees on Appropriations, in accordance with the regular notification procedures of the Committees on Appropriations, a plan for the 

distribution of the assets of the Enterprise Fund. 

(b) Funds made available by this Act for Enterprise Funds 

shall be expended at the minimum rate necessary to make timely 

payment for projects and activities. 

BURMA

SEC. 531. (a) The Secretary of the Treasury shall instruct the 

United States executive director to each appropriate international financial institution in which the United States participates, to oppose and vote against the extension by such institution of any loan 

or financial or technical assistance or any other utilization of funds 

of the respective bank to and for Burma. 

(b) Of the funds appropriated under the heading ‘‘Economic Support Fund’’, not less than $8,000,000 shall be made available to 

support democracy activities in Burma, along the Burma-Thailand 

border, for activities of Burmese student groups and other organizations located outside Burma, and for the purpose of supporting the 

provision of humanitarian assistance to displaced Burmese along 

Burma’s borders: Provided, That funds made available under this 

heading may be made available notwithstanding any other provision of law: Provided further, That in addition to assistance for 

Burmese refugees provided under the heading ‘‘Migration and Refugee Assistance’’ in this Act, not less than $4,000,000 shall be allocated to the United States Agency for International Development for 

humanitarian assistance for displaced Burmese and host communities in Thailand: Provided further, That funds made available 

199 

under this section shall be subject to the regular notification procedures of the Committees on Appropriations. 

(c) The President shall include amounts expended by the Global 

Fund to Fight AIDS, Tuberculosis and Malaria to the State Peace 

and Development Council in Burma, directly or through groups and 

organizations affiliated with the Global Fund, in making determinations regarding the amount to be withheld by the United 

States from its contribution to the Global Fund pursuant to section 

202(d)(4)(A)(ii) of Public Law 108–25. 

AUTHORITIES FOR THE PEACE CORPS, INTER-AMERICAN FOUNDATION

AND AFRICAN DEVELOPMENT FOUNDATION

SEC. 532. Unless expressly provided to the contrary, provisions 

of this or any other Act, including provisions contained in prior Acts 

authorizing or making appropriations for foreign operations, export 

financing, and related programs, shall not be construed to prohibit 

activities authorized by or conducted under the Peace Corps Act, the 

Inter-American Foundation Act or the African Development Foundation Act. The agency shall promptly report to the Committees on Appropriations whenever it is conducting activities or is proposing to 

conduct activities in a country for which assistance is prohibited. 

IMPACT ON JOBS IN THE UNITED STATES

SEC. 533. None of the funds appropriated by this Act may be 

obligated or expended to provide— 

(1) any financial incentive to a business enterprise currently located in the United States for the purpose of inducing 

such an enterprise to relocate outside the United States if such 

incentive or inducement is likely to reduce the number of employees of such business enterprise in the United States because 

United States production is being replaced by such enterprise 

outside the United States; or 

(2) assistance for any program, project, or activity that contributes to the violation of internationally recognized workers 

rights, as defined in section 507(4) of the Trade Act of 1974, of 

workers in the recipient country, including any designated zone 

or area in that country: Provided, That the application of section 507(4) (D) and (E) of such Act should be commensurate 

with the level of development of the recipient country and sector, 

and shall not preclude assistance for the informal sector in such 

country, micro and small-scale enterprise, and smallholder agriculture. 

SPECIAL AUTHORITIES

SEC. 534. (a) AFGHANISTAN, PAKISTAN, LEBANON, MONTENEGRO, VICTIMS OF WAR, DISPLACED CHILDREN, AND DISPLACED

BURMESE.—Funds appropriated by this Act that are made available 

for assistance for Afghanistan may be made available notwithstanding section 512 of this Act or any similar provision of law and 

section 660 of the Foreign Assistance Act of 1961, and funds appropriated in titles I and II of this Act that are made available for Lebanon, Montenegro, Pakistan, and for victims of war, displaced children, and displaced Burmese, and to assist victims of trafficking in 

persons and, subject to the regular notification procedures of the 

200 

Committees on Appropriations, to combat such trafficking, may be 

made available notwithstanding any other provision of law. 

(b) TROPICAL FORESTRY AND BIODIVERSITY CONSERVATION AC- TIVITIES.—Funds appropriated by this Act to carry out the provisions of sections 103 through 106, and chapter 4 of part II, of the 

Foreign Assistance Act of 1961 may be used, notwithstanding any 

other provision of law, for the purpose of supporting tropical forestry 

and biodiversity conservation activities and energy programs aimed 

at reducing greenhouse gas emissions: Provided, That such assistance shall be subject to sections 116, 502B, and 620A of the Foreign 

Assistance Act of 1961. 

(c) PERSONAL SERVICES CONTRACTORS.—Funds appropriated by 

this Act to carry out chapter 1 of part I, chapter 4 of part II, and 

section 667 of the Foreign Assistance Act of 1961, and title II of the 

Agricultural Trade Development and Assistance Act of 1954, may be 

used by the United States Agency for International Development to 

employ up to 25 personal services contractors in the United States, 

notwithstanding any other provision of law, for the purpose of providing direct, interim support for new or expanded overseas programs and activities managed by the agency until permanent direct 

hire personnel are hired and trained: Provided, That not more than 

10 of such contractors shall be assigned to any bureau or office: Provided further, That such funds appropriated to carry out title II of 

the Agricultural Trade Development and Assistance Act of 1954, 

may be made available only for personal services contractors assigned to the Office of Food for Peace. 

(d)(1) WAIVER.—The President may waive the provisions of section 1003 of Public Law 100–204 if the President determines and 

certifies in writing to the Speaker of the House of Representatives 

and the President pro tempore of the Senate that it is important to 

the national security interests of the United States. 

(2) PERIOD OF APPLICATION OF WAIVER.—Any waiver pursuant 

to paragraph (1) shall be effective for no more than a period of 6 

months at a time and shall not apply beyond 12 months after the 

enactment of this Act. 

(e) SMALL BUSINESS.—In entering into multiple award indefinite-quantity contracts with funds appropriated by this Act, the 

United States Agency for International Development may provide an 

exception to the fair opportunity process for placing task orders 

under such contracts when the order is placed with any category of 

small or small disadvantaged business. 

(f) CONTINGENCIES.—During fiscal year 2005, the President 

may use up to $45,000,000 under the authority of section 451 of the 

Foreign Assistance Act of 1961, notwithstanding the funding ceiling 

in section 451(a). 

(g) RECONSTITUTING CIVILIAN POLICE AUTHORITY.—In providing assistance with funds appropriated by this Act under section 

660(b)(6) of the Foreign Assistance Act of 1961, support for a nation 

emerging from instability may be deemed to mean support for regional, district, municipal, or other sub-national entity emerging 

from instability, as well as a nation emerging from instability. 

(h) WORLD FOOD PROGRAM.—Of the funds managed by the Bureau for Democracy, Conflict, and Humanitarian Assistance of the 

United States Agency for International Development, from this or 

any other Act, not less than $6,000,000 shall be made available as 

201 

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. 

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(n) EXTENSION OF AUTHORITY.—Public Law 107–57, as amended, is further amended— 

(1) in section 1(b) by striking ‘‘2004’’ wherever appearing 

(including in the caption), and inserting in lieu thereof ‘‘2005’’; 

(2) in section 3(2), by striking ‘‘and 2004’’ and inserting in 

lieu thereof ‘‘2004 and 2005’’; and 

(3) in section 6, by striking ‘‘2004’’ and inserting in lieu 

thereof ‘‘2005’’. 

(o) ENDOWMENTS.— (1) Of the funds appropriated by this Act and prior Acts 

making appropriations for foreign operations, export financing, 

and related programs, that are available for assistance for 

Cambodia, the following amounts should be made available as 

follows: (A) $2,000,000 for an endowment for a Cambodian 

nongovernmental organization to document genocide and 

crimes against humanity in Cambodia; and (B) $3,750,000 for an endowment for an American nongovernmental organization to sustain rehabilitation programs in Cambodia for persons suffering from physical disabilities. 

(2) Such organizations may place amounts made available 

under this subsection in interest bearing accounts and any interest earned on such investment shall be used for the purpose 

for which funds were made available under this subsection. 

(p) EXTENSION OF AUTHORITY.—Chapter 5 of title I of the Emergency Wartime Supplemental Appropriations Act, 2003 (Public Law 

108–11), is amended under the heading ‘‘Loan Guarantees to 

Israel’’— 

(1) by striking ‘‘During the period beginning March 1, 

2003, and ending September 30, 2005,’’ and inserting ‘‘During 

the period beginning March 1, 2003, and ending September 30, 

2007,’’; and 

(2) by striking ‘‘That if less than the full amount of guarantees authorized to be made available is issued prior to September 30, 2005,’’ and inserting ‘‘That if less than the full 

amount of guarantees authorized to be made available is issued 

prior to September 30, 2007,’’. 

(q) DEFINITION.—Section 603 of title VI of Division D of the 

Consolidated Appropriations 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, 

203 

and the Central Office for the Boycott of Israel immediately disbanded; 

(3) the three Arab League countries with diplomatic and 

trade relations with Israel should return their ambassadors to 

Israel, should refrain from downgrading their relations with 

Israel, and should play a constructive role in securing a peaceful resolution of the Israeli-Arab conflict; 

(4) the remaining Arab League states should normalize relations with their neighbor Israel; 

(5) the President and the Secretary of State should continue 

to vigorously oppose the Arab League boycott of Israel and find 

concrete steps to demonstrate that opposition by, for example, 

taking into consideration the participation of any recipient 

country in the boycott when determining to sell weapons to said 

country; and 

(6) the President should report to Congress annually on 

specific steps being taken by the United States to encourage 

Arab League states to normalize their relations with Israel to 

bring about the termination of the Arab League boycott of 

Israel, including those to encourage allies and trading partners 

of the United States to enact laws prohibiting businesses from 

complying with the boycott and penalizing businesses that do 

comply. 

ELIGIBILITY FOR ASSISTANCE

SEC. 536. (a) ASSISTANCE THROUGH NONGOVERNMENTAL ORGANIZATIONS.—Restrictions contained in this or any other Act with respect to assistance for a country shall not be construed to restrict 

assistance in support of programs of nongovernmental organizations 

from funds appropriated by this Act to carry out the provisions of 

chapters 1, 10, 11, and 12 of part I and chapter 4 of part II of the 

Foreign Assistance Act of 1961, and from funds appropriated under 

the heading ‘‘Assistance for Eastern Europe and the Baltic States’’: 

Provided, That before using the authority of this subsection to furnish assistance in support of programs of nongovernmental organizations, the President shall notify the Committees on Appropriations 

under the regular notification procedures of those committees, including a description of the program to be assisted, the assistance 

to be provided, and the reasons for furnishing such assistance: Provided further, That nothing in this subsection shall be construed to 

alter any existing statutory prohibitions against abortion or involuntary sterilizations contained in this or any other Act. 

(b) PUBLIC LAW 480.—During fiscal year 2005, restrictions contained in this or any other Act with respect to assistance for a country shall not be construed to restrict assistance under the Agricultural Trade Development and Assistance Act of 1954: Provided, 

That none of the funds appropriated to carry out title I of such Act 

and made available pursuant to this subsection may be obligated or 

expended except as provided through the regular notification procedures of the Committees on Appropriations. 

(c) EXCEPTION.—This section shall not apply— 

(1) with respect to section 620A of the Foreign Assistance 

Act of 1961 or any comparable provision of law prohibiting assistance to countries that support international terrorism; or 

204 

(2) with respect to section 116 of the Foreign Assistance Act 

of 1961 or any comparable provision of law prohibiting assistance to the government of a country that violates internationally recognized human rights. 

RESERVATIONS OF FUNDS

SEC. 537. (a) Funds appropriated by this Act which are earmarked may be reprogrammed for other programs within the same 

account notwithstanding the earmark if compliance with the earmark is made impossible by operation of any provision of this or 

any other Act: Provided, That any such reprogramming shall be 

subject to the regular notification procedures of the Committees on 

Appropriations: Provided further, That assistance that is reprogrammed pursuant to this subsection shall be made available under 

the same terms and conditions as originally provided. 

(b) In addition to the authority contained in subsection (a), the 

original period of availability of funds appropriated by this Act and 

administered by the United States Agency for International Development that are earmarked for particular programs or activities by 

this or any other Act shall be extended for an additional fiscal year 

if the Administrator of such agency determines and reports promptly to the Committees on Appropriations that the termination of assistance to a country or a significant change in circumstances 

makes it unlikely that such earmarked funds can be obligated during the original period of availability: Provided, That such earmarked funds that are continued available for an additional fiscal 

year shall be obligated only for the purpose of such earmark. 

CEILINGS AND EARMARKS

SEC. 538. Ceilings and earmarks contained in this Act shall not 

be applicable to funds or authorities appropriated or otherwise 

made available by any subsequent Act unless such Act specifically 

so directs. Earmarks or minimum funding requirements contained 

in any other Act shall not be applicable to funds appropriated by 

this Act. 

PROHIBITION ON PUBLICITY OR PROPAGANDA

SEC. 539. No part of any appropriation contained in this Act 

shall be used for publicity or propaganda purposes within the 

United States not authorized before the date of the enactment of this 

Act by the Congress: Provided, That not to exceed $750,000 may be 

made available to carry out the provisions of section 316 of Public 

Law 96–533. 

PROHIBITION OF PAYMENTS TO UNITED NATIONS MEMBERS

SEC. 540. None of the funds appropriated or made available 

pursuant to this Act for carrying out the Foreign Assistance Act of 

1961, may be used to pay in whole or in part any assessments, arrearages, or dues of any member of the United Nations or, from 

funds appropriated by this Act to carry out chapter 1 of part I of 

the Foreign Assistance Act of 1961, the costs for participation of another country’s delegation at international conferences held under 

the auspices of multilateral or international organizations. 

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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. 

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(d)(1) The Secretary of State may waive the requirements set 

forth in subsection (a) with respect to parking fines and penalties 

no sooner than 60 days from the date of enactment of this Act, or 

at any time with respect to a particular country, if the Secretary determines that it is in the national interests of the United States to 

do so. 

(2) The Secretary of State may waive the requirements set forth 

in subsection (a) with respect to the unpaid property taxes if the Secretary of State determines that it is in the national interests of the 

United States to do so. 

(e) Not later than 6 months after the initial exercise of the waiver authority in subsection (d), the Secretary of State, after consultations with the City of New York, shall submit a report to the Committees on Appropriations describing a strategy, including a timetable and steps currently being taken, to collect the parking fines 

and penalties and unpaid property taxes and interest owed by nations receiving foreign assistance under this Act. 

(f) In this section: 

(1) The term ‘‘appropriate congressional committees’’ means 

the Committee on Appropriations of the Senate and the Committee on Appropriations of the House of Representatives. 

(2) The term ‘‘fully adjudicated’’ includes circumstances in 

which the person to whom the vehicle is registered— 

(A)(i) has not responded to the parking violation summons; or 

(ii) has not followed the appropriate adjudication procedure to challenge the summons; and 

(B) the period of time for payment of or challenge to the 

summons has lapsed. 

(3) The term ‘‘parking fines and penalties’’ means parking 

fines and penalties— 

(A) owed to— 

(i) the District of Columbia; or 

(ii) New York, New York; and 

(B) incurred during the period April 1, 1997 through 

September 30, 2004. 

(4) The term ‘‘unpaid property taxes’’ means the amount of 

unpaid taxes and interest determined to be owed by a foreign 

country on real property in the District of Columbia or New 

York, New York in a court order or judgment entered against 

such country by a court of the United States or any State or 

subdivision thereof. 

LIMITATION ON ASSISTANCE FOR THE PLO FOR THE WEST BANK AND

GAZA

SEC. 544. None of the funds appropriated by this Act may be 

obligated for assistance for the Palestine Liberation Organization 

for the West Bank and Gaza unless the President has exercised the 

authority under section 604(a) of the Middle East Peace Facilitation 

Act of 1995 (title VI of Public Law 104–107) or any other legislation 

to suspend or make inapplicable section 307 of the Foreign Assistance Act of 1961 and that suspension is still in effect: Provided, 

That if the President fails to make the certification under section 

604(b)(2) of the Middle East Peace Facilitation Act of 1995 or to 

suspend the prohibition under other legislation, funds appropriated 

207 

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. 

208 

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. 

209 

LIMITATION ON ASSISTANCE TO SECURITY FORCES

SEC. 551. None of the funds made available by this Act may be 

provided to any unit of the security forces of a foreign country if the 

Secretary of State has credible evidence that such unit has committed gross violations of human rights, unless the Secretary determines and reports to the Committees on Appropriations that the 

government of such country is taking effective measures to bring the 

responsible members of the security forces unit to justice: Provided, 

That nothing in this section shall be construed to withhold funds 

made available by this Act from any unit of the security forces of 

a foreign country not credibly alleged to be involved in gross violations of human rights: Provided further, That in the event that 

funds are withheld from any unit pursuant to this section, the Secretary of State shall promptly inform the foreign government of the 

basis for such action and shall, to the maximum extent practicable, 

assist the foreign government in taking effective measures to bring 

the responsible members of the security forces to justice. 

FOREIGN MILITARY TRAINING REPORT

SEC. 552. The annual foreign military training report required 

by section 656 of the Foreign Assistance Act of 1961 shall be submitted by the Secretary of Defense and the Secretary of State to the 

Committees on Appropriations of the House of Representatives and 

the Senate by the date specified in that section. 

AUTHORIZATION REQUIREMENT

SEC. 553. Funds appropriated by this Act, except funds appropriated under the headings ‘‘Trade and Development Agency’’, ‘‘Millennium Challenge Corporation’’, ‘‘Overseas Private Investment Corporation’’, and ‘‘Global HIV/AIDS Initiative’’, may be obligated and 

expended notwithstanding section 10 of Public Law 91–672 and section 15 of the State Department Basic Authorities Act of 1956. 

CAMBODIA

SEC. 554. (a) The Secretary of the Treasury should instruct the 

United States executive directors of the international financial institutions to use the voice and vote of the United States to oppose loans 

to the Central Government of Cambodia, except loans to meet basic 

human needs. 

(b)(1) None of the funds appropriated by this Act may be made 

available for assistance for the Central Government of Cambodia. 

(2) Paragraph (1) shall not apply to assistance for basic education, reproductive and maternal and child health, cultural and 

historic preservation, programs for the prevention, treatment, and 

control of, and research on, HIV/AIDS, tuberculosis, malaria, polio 

and other infectious diseases, development and implementation of 

legislation and implementation of procedures on inter-country adoptions consistent with international standards, rule of law programs, 

counternarcotics programs, programs to combat human trafficking 

that are provided through nongovernmental organizations, and for 

the Ministry of Women and Veterans Affairs to combat human trafficking. 

(c) Notwithstanding subsection (b), of the funds appropriated by 

this Act under the heading ‘‘Economic Support Fund’’, up to 

210 

$4,000,000 may be made available for activities to support democracy, including assistance for democratic political parties. 

(d) Funds appropriated by this Act to carry out provisions of 

section 541 of the Foreign Assistance Act of 1961 may be made 

available notwithstanding subsection (b) only if at least 15 days 

prior to the obligation of such funds, the Secretary of State provides 

to the Committees on Appropriations a list of those individuals who 

have been credibly alleged to have ordered or carried out 

extrajudicial and political killings that occurred during the March 

1997 grenade attack against the Khmer Nation Party. 

(e) None of the funds appropriated or otherwise made available 

by this Act may be used to provide assistance to any tribunal established by the Government of Cambodia unless the Secretary of State 

determines and reports to the Committees on Appropriations that: 

(1) Cambodia’s judiciary is competent, independent, free from widespread corruption, and its decisions are free from interference by the 

executive branch; and (2) the proposed tribunal is capable of delivering justice, that meets internationally recognized standards, for 

crimes against humanity and genocide in an impartial and credible 

manner. 

PALESTINIAN STATEHOOD

SEC. 555. (a) LIMITATION ON ASSISTANCE.—None of the funds 

appropriated by this Act may be provided to support a Palestinian 

state unless the Secretary of State determines and certifies to the appropriate congressional committees that— 

(1) a new leadership of a Palestinian governing entity has 

been democratically elected through credible and competitive 

elections; 

(2) the elected governing entity of a new Palestinian state— 

(A) has demonstrated a firm commitment to peaceful 

co-existence with the State of Israel; 

(B) is taking appropriate measures to counter terrorism 

and terrorist financing in the West Bank and Gaza, including the dismantling of terrorist infrastructures; 

(C) is establishing a new Palestinian security entity 

that is cooperative with appropriate Israeli and other appropriate security organizations; and 

(3) the Palestinian Authority (or the governing body of a 

new Palestinian state) is working with other countries in the region to vigorously pursue efforts to establish a just, lasting, and 

comprehensive peace in the Middle East that will enable Israel 

and an independent Palestinian state to exist within the context 

of full and normal relationships, which should include— 

(A) termination of all claims or states of belligerency; 

(B) respect for and acknowledgement of the sovereignty, 

territorial integrity, and political independence of every 

state in the area through measures including the establishment of demilitarized zones; 

(C) their right to live in peace within secure and recognized boundaries free from threats or acts of force; 

(D) freedom of navigation through international waterways in the area; and 

(E) a framework for achieving a just settlement of the 

refugee problem. 

211 

(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 paraVerDate Aug 04 2004 07:33 Dec 01, 2004 Jkt 096906 PO 00000 Frm 00215 Fmt 6659 Sfmt 6603 E:\HR\OC\HR792.XXX HR792
212 

military 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 

213 

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’’. 

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(b) AVAILABILITY OF FUNDS.—Funds appropriated under the 

heading ‘‘International Organizations and Programs’’ in this Act 

that are available for UNFPA, that are not made available for 

UNFPA because of the operation of any provision of law, shall be 

transferred to ‘‘Child Survival and Health Programs Fund’’ and 

shall be made available for family planning, maternal, and reproductive health activities, subject to the regular notification procedures of the Committees on Appropriations. 

(c) REPROGRAMMING OF FUNDS.—Of the funds appropriated in 

Public Law 108–199 that were available for the UNFPA, 

$12,500,000 shall be made available for anti-trafficking programs: 

Provided, That of the funds appropriated in Public Law 108–199 

that were available for the UNFPA, $12,500,000 shall be made 

available for the family planning, maternal, and reproductive 

health activities of the United States Agency for International Development in Albania, Azerbaijan, the Democratic Republic of the 

Congo, Ethiopia, Georgia, Haiti, Kazakhstan, Kenya, Nigeria, Romania, Russia, Rwanda, Tanzania, Uganda, and the Ukraine: Provided further, That such programs and activities shall be deemed 

to have been justified to Congress. 

(d) PROHIBITION ON USE OF FUNDS IN CHINA.—None of the 

funds made available under ‘‘International Organizations and Programs’’ may be made available for the UNFPA for a country program in the People’s Republic of China. 

(e) CONDITIONS ON AVAILABILITY OF FUNDS.—Amounts made 

available under ‘‘International Organizations and Programs’’ for fiscal year 2005 for the UNFPA may not be made available to UNFPA 

unless— 

(1) the UNFPA maintains amounts made available to the 

UNFPA under this section in an account separate from other 

accounts of the UNFPA; 

(2) the UNFPA does not commingle amounts made available to the UNFPA under this section with other sums; and 

(3) the UNFPA does not fund abortions. 

WAR CRIMINALS

SEC. 561. (a)(1) None of the funds appropriated or otherwise 

made available pursuant to this Act may be made available for assistance, and the Secretary of the Treasury shall instruct the United 

States executive directors to the international financial institutions 

to vote against any new project involving the extension by such institutions of any financial or technical assistance, to any country, 

entity, or municipality whose competent authorities have failed, as 

determined by the Secretary of State, to take necessary and significant steps to implement its international legal obligations to apprehend and transfer to the International Criminal Tribunal for the 

former Yugoslavia (the ‘‘Tribunal’’) all persons in their territory who 

have been indicted by the Tribunal and to otherwise cooperate with 

the Tribunal. 

(2) The provisions of this subsection shall not apply to humanitarian assistance or assistance for democratization. 

(b) The provisions of subsection (a) shall apply unless the Secretary of State determines and reports to the appropriate congressional committees that the competent authorities of such country, 

entity, or municipality are— 

215 

(1) cooperating with the Tribunal, including access for investigators to archives and witnesses, the provision of documents, and the surrender and transfer of indictees or assistance 

in their apprehension; and 

(2) are acting consistently with the Dayton Accords. 

(c) Not less than 10 days before any vote in an international financial institution regarding the extension of any new project involving financial or technical assistance or grants to any country or 

entity described in subsection (a), the Secretary of the Treasury, in 

consultation with the Secretary of State, shall provide to the Committees on Appropriations a written justification for the proposed 

assistance, including an explanation of the United States position 

regarding any such vote, as well as a description of the location of 

the proposed assistance by municipality, its purpose, and its intended beneficiaries. 

(d) In carrying out this section, the Secretary of State, the Administrator of the United States Agency for International Development, and the Secretary of the Treasury shall consult with representatives of human rights organizations and all government 

agencies with relevant information to help prevent indicted war 

criminals from benefiting from any financial or technical assistance 

or grants provided to any country or entity described in subsection 

(a). 

(e) The Secretary of State may waive the application of subsection (a) with respect to projects within a country, entity, or municipality upon a written determination to the Committees on Appropriations that such assistance directly supports the implementation of the Dayton Accords. 

(f) DEFINITIONS.—As used in this section— 

(1) COUNTRY.—The term ‘‘country’’ means Bosnia and 

Herzegovina, Croatia and Serbia. 

(2) ENTITY.—The term ‘‘entity’’ refers to the Federation of 

Bosnia and Herzegovina, Kosovo, Montenegro and the 

Republika Srpska. 

(3) MUNICIPALITY.—The term ‘‘municipality’’ means a city, 

town or other subdivision within a country or entity as defined 

herein. 

(4) DAYTON ACCORDS.—The term ‘‘Dayton Accords’’ means 

the General Framework Agreement for Peace in Bosnia and 

Herzegovina, together with annexes relating thereto, done at 

Dayton, November 10 through 16, 1995. 

USER FEES

SEC. 562. The Secretary of the Treasury shall instruct the 

United States Executive Director at each international financial institution (as defined in section 1701(c)(2) of the International Financial Institutions Act) and the International Monetary Fund to oppose any loan, grant, strategy or policy of these institutions that 

would require user fees or service charges on poor people for primary education or primary healthcare, including prevention and 

treatment efforts for HIV/AIDS, malaria, tuberculosis, and infant, 

child, and maternal well-being, in connection with the institutions’ 

financing programs. 

216 

FUNDING FOR SERBIA

SEC. 563. (a) Funds appropriated by this Act may be made 

available for assistance for the central Government of Serbia after 

May 31, 2005, if the President has made the determination and certification contained in subsection (c). 

(b) After May 31, 2005, the Secretary of the Treasury should instruct the United States executive directors to the international financial institutions to support loans and assistance to the Government of Serbia and Montenegro subject to the conditions in subsection (c): Provided, That section 576 of the Foreign Operations, 

Export Financing, and Related Programs Appropriations Act, 1997, 

as amended, shall not apply to the provision of loans and assistance 

to the Government of Serbia and Montenegro through international 

financial institutions. 

(c) The determination and certification referred to in subsection 

(a) is a determination by the President and a certification to the 

Committees on Appropriations that the Government of Serbia and 

Montenegro is— 

(1) cooperating with the International Criminal Tribunal 

for the former Yugoslavia including access for investigators, the 

provision of documents, and the surrender and transfer of 

indictees or assistance in their apprehension, including making 

all practicable efforts to apprehend and transfer Ratko Mladic; 

(2) taking steps that are consistent with the Dayton Accords 

to end Serbian financial, political, security and other support 

which has served to maintain separate Republika Srpska institutions; and 

(3) taking steps to implement policies which reflect a respect for minority rights and the rule of law. 

(d) This section shall not apply to Montenegro, Kosovo, humanitarian assistance or assistance to promote democracy. 

COMMUNITY-BASED POLICE ASSISTANCE

SEC. 564. (a) AUTHORITY.—Funds made available by this Act to 

carry out the provisions of chapter 1 of part I and chapter 4 of part 

II of the Foreign Assistance Act of 1961, may be used, notwithstanding section 660 of that Act, to enhance the effectiveness and accountability of civilian police authority through training and technical assistance in human rights, the rule of law, strategic planning, and through assistance to foster civilian police roles that support democratic governance including assistance for programs to 

prevent conflict, respond to disasters, address gender-based violence, 

and foster improved police relations with the communities they 

serve. 

(b) NOTIFICATION.—Assistance provided under subsection (a) 

shall be subject to prior consultation with, and the regular notification procedures of, the Committees on Appropriations. 

SPECIAL DEBT RELIEF FOR THE POOREST

SEC. 565. (a) AUTHORITY TO REDUCE DEBT.—The President 

may reduce amounts owed to the United States (or any agency of 

the United States) by an eligible country as a result of— 

(1) guarantees issued under sections 221 and 222 of the 

Foreign Assistance Act of 1961; 

217 

(2) credits extended or guarantees issued under the Arms 

Export Control Act; or 

(3) any obligation or portion of such obligation, to pay for 

purchases of United States agricultural commodities guaranteed by the Commodity Credit Corporation under export credit 

guarantee programs authorized pursuant to section 5(f) of the 

Commodity Credit Corporation Charter Act of June 29, 1948, 

as amended, section 4(b) of the Food for Peace Act of 1966, as 

amended (Public Law 89–808), or section 202 of the Agricultural Trade Act of 1978, as amended (Public Law 95–501). 

(b) LIMITATIONS.— (1) The authority provided by subsection (a) may be exercised only to implement multilateral official debt relief and referendum agreements, commonly referred to as ‘‘Paris Club 

Agreed Minutes’’. 

(2) The authority provided by subsection (a) may be exercised only in such amounts or to such extent as is provided in 

advance by appropriations Acts. 

(3) The authority provided by subsection (a) may be exercised only with respect to countries with heavy debt burdens 

that are eligible to borrow from the International Development 

Association, but not from the International Bank for Reconstruction and Development, commonly referred to as ‘‘IDA-only’’ 

countries. 

(c) CONDITIONS.—The authority provided by subsection (a) may 

be exercised only with respect to a country whose government— 

(1) does not have an excessive level of military expenditures; 

(2) has not repeatedly provided support for acts of international terrorism; 

(3) is not failing to cooperate on international narcotics 

control matters; 

(4) (including its military or other security forces) does not 

engage in a consistent pattern of gross violations of internationally recognized human rights; and 

(5) is not ineligible for assistance because of the application 

of section 527 of the Foreign Relations Authorization Act, Fiscal 

Years 1994 and 1995. 

(d) AVAILABILITY OF FUNDS.—The authority provided by subsection (a) may be used only with regard to the funds appropriated 

by this Act under the heading ‘‘Debt Restructuring’’. 

(e) CERTAIN PROHIBITIONS INAPPLICABLE.—A reduction of debt 

pursuant to subsection (a) shall not be considered assistance for the 

purposes of any provision of law limiting assistance to a country. 

The authority provided by subsection (a) may be exercised notwithstanding section 620(r) of the Foreign Assistance Act of 1961 or section 321 of the International Development and Food Assistance Act 

of 1975. 

AUTHORITY TO ENGAGE IN DEBT BUYBACKS OR SALES

SEC. 566. (a) LOANS ELIGIBLE FOR SALE, REDUCTION, OR CANCELLATION.— 

(1) AUTHORITY TO SELL, REDUCE, OR CANCEL CERTAIN

LOANS.—Notwithstanding any other provision of law, the President may, in accordance with this section, sell to any eligible 

purchaser any concessional loan or portion thereof made before 

218 

January 1, 1995, pursuant to the Foreign Assistance Act of 

1961, to the government of any eligible country as defined in 

section 702(6) of that Act or on receipt of payment from an eligible purchaser, reduce or cancel such loan or portion thereof, 

only for the purpose of facilitating— 

(A) debt-for-equity swaps, debt-for-development swaps, 

or debt-for-nature swaps; or 

(B) a debt buyback by an eligible country of its own 

qualified debt, only if the eligible country uses an additional amount of the local currency of the eligible country, 

equal to not less than 40 percent of the price paid for such 

debt by such eligible country, or the difference between the 

price paid for such debt and the face value of such debt, to 

support activities that link conservation and sustainable 

use of natural resources with local community development, 

and child survival and other child development, in a manner consistent with sections 707 through 710 of the Foreign 

Assistance Act of 1961, if the sale, reduction, or cancellation would not contravene any term or condition of any 

prior agreement relating to such loan. 

(2) TERMS AND CONDITIONS.—Notwithstanding any other 

provision of law, the President shall, in accordance with this 

section, establish the terms and conditions under which loans 

may be sold, reduced, or canceled pursuant to this section. 

(3) ADMINISTRATION.—The Facility, as defined in section 

702(8) of the Foreign Assistance Act of 1961, shall notify the administrator of the agency primarily responsible for administering part I of the Foreign Assistance Act of 1961 of purchasers that the President has determined to be eligible, and 

shall direct such agency to carry out the sale, reduction, or cancellation of a loan pursuant to this section. Such agency shall 

make adjustment in its accounts to reflect the sale, reduction, 

or cancellation. 

(4) LIMITATION.—The authorities of this subsection shall be 

available only to the extent that appropriations for the cost of 

the modification, as defined in section 502 of the Congressional 

Budget Act of 1974, are made in advance. 

(b) DEPOSIT OF PROCEEDS.—The proceeds from the sale, reduction, or cancellation of any loan sold, reduced, or canceled pursuant 

to this section shall be deposited in the United States Government 

account or accounts established for the repayment of such loan. 

(c) ELIGIBLE PURCHASERS.—A loan may be sold pursuant to 

subsection (a)(1)(A) only to a purchaser who presents plans satisfactory to the President for using the loan for the purpose of engaging 

in debt-for-equity swaps, debt-for-development swaps, or debt-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-fordevelopment 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’’. 

219 

BASIC EDUCATION

SEC. 567. Of the funds appropriated by title II of this Act, not 

less than $400,000,000 shall be made available for basic education. 

RECONCILIATION PROGRAMS

SEC. 568. Of the funds appropriated under the heading ‘‘Economic Support Fund’’, not less than $12,000,000 shall be made 

available to support reconciliation programs and activities which 

bring together individuals of different ethnic, religious, and political 

backgrounds from areas of civil conflict and war. 

SUDAN

SEC. 569. (a) AVAILABILITY OF FUNDS.—Of the funds appropriated by title II of this Act, not less than $311,000,000 should be 

made available for assistance for Sudan. 

(b) LIMITATION ON ASSISTANCE.—Subject to section (c): 

(1) Notwithstanding section 501(a) of the International Malaria Control Act of 2000 (Public Law 106–570) or any other 

provision of law, none of the funds appropriated by this Act 

may be made available for assistance for the Government of 

Sudan. 

(2) None of the funds appropriated by this Act may be 

made available for the cost, as defined in section 502, of the 

Congressional Budget Act of 1974, of modifying loans and loan 

guarantees held by the Government of Sudan, including the 

cost of selling, reducing, or canceling amounts owed to the 

United States, and modifying concessional loans, guarantees, 

and credit agreements. 

(c) Subsection (b) shall not apply if the Secretary of State determines and certifies to the Committees on Appropriations that— 

(1) the Government of Sudan has taken significant steps to 

disarm and disband government-supported militia groups in 

the Darfur region; 

(2) the Government of Sudan and all government-supported 

militia groups are honoring their commitments made in the 

cease-fire agreement of April 8, 2004; and 

(3) the Government of Sudan is allowing unimpeded access 

to Darfur to humanitarian aid organizations, the human rights 

investigation and humanitarian teams of the United Nations, 

including protection officers, and an international monitoring 

team that is based in Darfur and that has the support of the 

United States. 

(d) EXCEPTIONS.—The provisions of subsection (b) shall not 

apply to— 

(1) humanitarian assistance; and 

(2) assistance for Darfur and for areas outside the control 

of the Government of Sudan. 

(e) NOTIFICATION.—Not more than $45,000,000 of the funds appropriated by this Act under the headings ‘‘International Disaster 

and Famine Assistance’’ and ‘‘Transition Initiatives’’ may be made 

available for assistance for Sudan outside of the Darfur region unless written notice has been provided to the Committees on Appropriations not less than 5 days prior to the obligation of such funds. 

220 

(f) DEFINITIONS.—For the purposes of this Act and section 501 

of Public Law 106–570, the terms ‘‘Government of Sudan’’, ‘‘areas 

outside of control of the Government of Sudan’’, and ‘‘area in Sudan 

outside of control of the Government of Sudan’’ shall have the same 

meaning and application as was the case immediately prior to June 

5, 2004, and, with regard to assistance in support of a viable peace 

agreement, Southern Kordofan/Nuba Mountains State, Blue Nile 

State and Abyei. 

(g) APPROPRIATION.—In addition to amounts appropriated elsewhere in this Act, $75,000,000 is hereby appropriated for ‘‘Peacekeeping Operations’’ to support peace and humanitarian intervention operations for Sudan, and $18,000,000 is hereby appropriated 

for ‘‘International Disaster and Famine Assistance’’ for humanitarian assistance and related activities in Sudan: Provided, That 

the entire amount appropriated in this subsection is designated as 

an emergency requirement pursuant to section 402 of S. Con. Res. 

95 (108th Congress), as made applicable to the House of Representatives by H. Res. 649 (108th Congress) and applicable to the Senate 

by section 14007 of Public Law 108–287: Provided further, That the 

Secretary of State shall consult with the Committees on Appropriations regarding the proposed uses of these funds within 30 days of 

the date of enactment of this Act. 

(h) TECHNICAL CHANGE.—Section 12 of the International Organizations Immunities Act (22 U.S.C. 288f–2) is amended by striking 

‘‘Organization of African Unity’’ and inserting in lieu thereof ‘‘African Union’’. 

TRADE CAPACITY BUILDING

SEC. 570. Of the funds appropriated by this Act, under the 

headings ‘‘Trade and Development Agency’’, ‘‘Development Assistance’’, ‘‘Transition Initiatives’’, ‘‘Economic Support Fund’’, ‘‘International Affairs Technical Assistance’’, and ‘‘International Organizations and Programs’’, not less than $507,000,000 should be made 

available for trade capacity building assistance: Provided, That 

$20,000,000 of the funds appropriated in this Act under the heading 

‘‘Economic Support Fund’’ shall be made available for labor and environmental capacity building activities relating to the free trade 

agreement with the countries of Central America and the Dominican 

Republic. 

EXCESS DEFENSE ARTICLES FOR CENTRAL AND SOUTH EUROPEAN

COUNTRIES AND CERTAIN OTHER COUNTRIES

SEC. 571. Notwithstanding section 516(e) of the Foreign Assistance Act of 1961 (22 U.S.C. 2321j(e)), during fiscal year 2005, funds 

available to the Department of Defense may be expended for crating, 

packing, handling, and transportation of excess defense articles 

transferred under the authority of section 516 of such Act to Albania, Bulgaria, Croatia, Estonia, Former Yugoslavian Republic of 

Macedonia, Georgia, India, Kazakhstan, Kyrgyzstan, Latvia, Lithuania, Moldova, Mongolia, Pakistan, Romania, Slovakia, 

Tajikistan, Turkmenistan, Ukraine, and Uzbekistan. 

221 

INDONESIA

SEC. 572. (a) Funds appropriated by this Act under the heading 

‘‘Foreign Military Financing Program’’ may be made available for 

assistance for Indonesia, and licenses may be issued for the export 

of lethal defense articles for the Indonesian Armed Forces, only if 

the Secretary of State certifies to the appropriate congressional committees that— 

(1) the Armed Forces are taking steps to counter international terrorism, consistent with democratic principles and 

the rule of law, and in cooperation with countries in the region; 

(2) the Indonesian Government is prosecuting and punishing, in a manner proportional to the crime, members of the 

Armed Forces, of whatever rank, who have been credibly alleged 

to have committed gross violations of human rights or to have 

aided or abetted militia groups; 

(3) at the direction of the President of Indonesia, the Armed 

Forces are cooperating with civilian judicial authorities and 

with international efforts to resolve cases of gross violations of 

human rights in East Timor and elsewhere; and 

(4) at the direction of the President of Indonesia, the Armed 

Forces are implementing reforms to increase the transparency 

and accountability of their operations and financial management, including making publicly available audits of receipts 

and expenditures. 

(b) Funds appropriated under the heading ‘‘International Military Education and Training’’ may be made available for assistance 

for Indonesia if the Secretary of State determines and reports to the 

Committees on Appropriations that the Indonesian Government and 

Armed Forces are cooperating with the Federal Bureau of Investigation’s investigation into the August 31, 2002 murders of two American citizens and one Indonesian citizen in Timika, Indonesia: Provided, That this restriction shall not apply to expanded international military education and training, which may include 

English language training. 

LIMITATION ON CONTRACTS

SEC. 573. None of the funds made available under this Act may 

be used to fund any contract in contravention of section 8(d)(6) of 

the Small Business Act (15 U.S.C. 637(d)(6)). 

LIMITATION ON ECONOMIC SUPPORT FUND ASSISTANCE FOR CERTAIN

FOREIGN GOVERNMENTS THAT ARE PARTIES TO THE INTERNATIONAL

CRIMINAL COURT

SEC. 574. (a) None of the funds made available in this Act in 

title II under the heading ‘‘Economic Support Fund’’ may be used 

to provide assistance to the government of a country that is a party 

to the International Criminal Court and has not entered into an 

agreement with the United States pursuant to Article 98 of the 

Rome Statute preventing the International Criminal Court from 

proceeding against United States personnel present in such country. 

(b) The President may, without prior notice to Congress, waive 

the prohibition of subsection (a) with respect to a North Atlantic 

Treaty Organization (‘‘NATO’’) member country, a major non-NATO 

ally (including Australia, Egypt, Israel, Japan, Jordan, Argentina, 

222 

the Republic of Korea, and New Zealand), or Taiwan if he determines and reports to the appropriate congressional committees that 

it is important to the national security interests of the United States 

to waive such prohibition. 

(c) The President may, without prior notice to Congress, waive 

the prohibition of subsection (a) with respect to a particular country 

if he determines and reports to the appropriate congressional committees that such country has entered into an agreement with the 

United States pursuant to Article 98 of the Rome Statute preventing 

the International Criminal Court from proceeding against United 

States personnel present in such country. 

(d) The prohibition of this section shall not apply to countries 

otherwise eligible for assistance under the Millennium Challenge 

Act of 2003, notwithstanding section 606(a)(2)(B) of such Act. 

PROHIBITION AGAINST DIRECT FUNDING FOR SAUDI ARABIA

SEC. 575. None of the funds appropriated or otherwise made 

available pursuant to this Act shall be obligated or expended to finance any assistance to Saudi Arabia: Provided, That the President 

may waive the prohibition of this section if he certifies to the Committees on Appropriations, 15 days prior to the obligation of funds 

for assistance for Saudi Arabia, that Saudi Arabia is cooperating 

with efforts to combat international terrorism and that the proposed 

assistance will help facilitate that effort. 

ENVIRONMENT PROGRAMS

SEC. 576. (a) FUNDING.—Of the funds appropriated under the 

heading ‘‘Development Assistance’’, not less than $165,500,000 shall 

be made available for programs and activities which directly protect 

biodiversity, including forests, in developing countries, of which not 

less than $8,000,000 should be made available to implement a regional strategy for biodiversity conservation in the countries comprising the Amazon basin of South America, including to improve 

the capacity of indigenous communities and local law enforcement 

agencies to protect the biodiversity of indigenous reserves, which 

amount shall be in addition to the amounts requested for biodiversity activities in these countries in fiscal year 2005: Provided, That 

of the funds appropriated by this Act, not less than $180,000,000 

shall be made available to support clean energy and other climate 

change policies and programs in developing countries, of which 

$100,000,000 should be made available to directly promote and deploy energy conservation, energy efficiency, and renewable and clean 

energy technologies, and of which the balance should be made available to directly (1) measure, monitor, and reduce greenhouse gas 

emissions; (2) increase carbon sequestration activities; and (3) enhance climate change mitigation and adaptation programs. 

(b) CLIMATE CHANGE REPORT.—Not later than 45 days after the 

date on which the President’s fiscal year 2006 budget request is submitted to Congress, the President shall submit a report to the Committees on Appropriations describing in detail the following— 

(1) all Federal agency obligations and expenditures, domestic and international, for climate change programs and activities in fiscal year 2005, including an accounting of expenditures 

by agency with each agency identifying climate change activities 

223 

and associated costs by line item as presented in the President’s 

Budget Appendix; and 

(2) all fiscal year 2004 obligations and estimated expenditures, fiscal year 2005 estimated expenditures and estimated obligations, and fiscal year 2006 requested funds by the United 

States Agency for International Development, by country and 

central program, for each of the following: (i) to promote the 

transfer and deployment of a wide range of United States clean 

energy and energy efficiency technologies; (ii) to assist in the 

measurement, monitoring, reporting, verification, and reduction 

of greenhouse gas emissions; (iii) to promote carbon capture and 

sequestration measures; (iv) to help meet such countries’ responsibilities under the Framework Convention on Climate Change; 

and (v) to develop assessments of the vulnerability to impacts 

of climate change and mitigation and adaptation response 

strategies. 

(c) EXTRACTION OF NATURAL RESOURCES.— (1) The Secretary of the Treasury shall inform the managements of the international financial institutions and the public 

that it is the policy of the United States that any assistance by 

such institutions (including but not limited to any loan, credit, 

grant, or guarantee) for the extraction and export of oil, gas, 

coal, timber, or other natural resource should not be provided 

unless the government of the country has in place or is taking 

the necessary steps to establish functioning systems for (1) accurately accounting for revenues and expenditures in connection 

with the extraction and export of the type of natural resource to 

be extracted or exported; (2) the independent auditing of such 

accounts and the widespread public dissemination of the audits; and (3) verifying government receipts against company 

payments including widespread dissemination of such payment 

information in a manner that does not create competitive disadvantage or disclose proprietary information. 

(2) Not later than 180 days after the enactment of this Act, 

the Secretary of the Treasury shall submit a report to the Committees on Appropriations describing, for each international financial institution, the amount and type of assistance provided, 

by country, for the extraction and export of oil, gas, coal, timber, or other national resource since September 30, 2004. 

UZBEKISTAN

SEC. 577. Funds appropriated by this Act may be made available for assistance for the central Government of Uzbekistan only if 

the Secretary of State determines and reports to the Committees on 

Appropriations that the Government of Uzbekistan is making substantial and continuing progress in meeting its commitments under 

the ‘‘Declaration on the Strategic Partnership and Cooperation 

Framework Between the Republic of Uzbekistan and the United 

States of America’’, including respect for human rights, establishing 

a genuine multi-party system, and ensuring free and fair elections, 

freedom of expression, and the independence of the media. 

CENTRAL ASIA

SEC. 578. (a) Funds appropriated by this Act may be made 

available for assistance for the Government of Kazakhstan only if 

224 

the Secretary of State determines and reports to the Committees on 

Appropriations that the Government of Kazakhstan has made significant improvements in the protection of human rights during the 

preceding 6 month period. 

(b) The Secretary of State may waive subsection (a) if he determines and reports to the Committees on Appropriations that such 

a waiver is in the national security interest of the United States. 

(c) Not later than October 1, 2005, the Secretary of State shall 

submit a report to the Committees on Appropriations and the Committee on Foreign Relations of the Senate and the Committee on 

International Relations of the House of Representatives describing 

the following: 

(1) The defense articles, defense services, and financial assistance provided by the United States to the countries of Central Asia during the 6-month period ending 30 days prior to 

submission of such report. 

(2) The use during such period of defense articles, defense 

services, and financial assistance provided by the United States 

by units of the armed forces, border guards, or other security 

forces of such countries. 

(d) For purposes of this section, the term ‘‘countries of Central 

Asia’’ means Uzbekistan, Kazakhstan, Kyrgyz Republic, Tajikistan, 

and Turkmenistan. 

DISABILITY PROGRAMS

SEC. 579. (a) Of the funds appropriated by this Act under the heading ‘‘Economic Support Fund’’, not less than $2,500,000 shall 

be made available for programs and activities to address the needs 

and protect the rights of people with disabilities in developing countries: Provided, That such funds shall be administered by the 

United States Agency for International Development (‘‘USAID’’) and 

the Department of State, and shall be available for grants to nongovernmental organizations that work on behalf of people with disabilities in such countries. 

(b) The Secretary of State and the USAID Administrator shall 

designate within their respective agencies an individual to serve as 

Disability ‘‘Advisor’’ or ‘‘Coordinator’’, whose function it shall be to 

ensure that disability rights are addressed, where appropriate, in 

United States policies and programs. 

(c) Funds made available under subsection (a) may be made 

available for an international conference on the needs of people with 

disabilities, including disability rights, advocacy and access. 

(d) The Secretary of State, the Secretary of the Treasury, and 

the USAID Administrator shall seek to ensure that the needs of people with disabilities are addressed, where appropriate, in democracy, human rights, and rule of law programs, projects and activities supported by the Department of State, Department of the Treasury, and USAID. 

(e) The USAID Administrator shall seek to ensure that programs, projects and activities administered by USAID comply fully 

with USAID’s ‘‘Policy Paper: Disability’’ issued on September 12, 

1997: Provided, That not later than 90 days after enactment of this 

Act, USAID shall implement procedures to require that prospective 

grantees seeking funding from USAID specify, when relevant, how 

the proposed program, project or activity for which funding is being 

225 

requested will include protecting the rights and addressing the 

needs of persons with disabilities. 

ZIMBABWE

SEC. 580. The Secretary of the Treasury shall instruct the 

United States executive director to each international financial institution to vote against any extension by the respective institution 

of any loans to the Government of Zimbabwe, except to meet basic 

human needs or to promote democracy, unless the Secretary of State 

determines and certifies to the Committees on Appropriations that 

the rule of law has been restored in Zimbabwe, including respect for 

ownership and title to property, freedom of speech and association. 

TIBET

SEC. 581. (a) The Secretary of the Treasury should instruct the 

United States executive director to each international financial institution to use the voice and vote of the United States to support 

projects in Tibet if such projects do not provide incentives for the 

migration and settlement of non-Tibetans into Tibet or facilitate the 

transfer of ownership of Tibetan land and natural resources to nonTibetans; 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 

226 

international agreements on human rights and religious freedoms to 

which the Russian Federation is a party. 

CENTRAL AMERICA

SEC. 584. (a) Of the funds appropriated by this Act under the 

headings ‘‘Child Survival and Health Programs Fund’’ and ‘‘Development Assistance’’, not less than the amount of funds initially allocated pursuant to section 653(a) of the Foreign Assistance Act of 

1961 for fiscal year 2004 should be made available for El Salvador, 

Guatemala, Nicaragua and Honduras. (b) Not to exceed $3,227,000 in prior year ‘‘Military Assistance 

Program’’ funds that are available for Guatemala may be made 

available for non-lethal defense items for Guatemala if the Secretary 

of State certifies to the Committees on Appropriations and the Committee on Foreign Relations of the Senate and the Committee on 

International Relations of the House that— 

(1) the role of the Guatemalan military has been limited, in 

doctrine and in practice, to substantially those activities in defense of Guatemala’s sovereignty and territorial integrity that 

are permitted by the 1996 Peace Accords, and the Government 

of Guatemala is taking steps to pass a new governing law of the 

Army (Ley Constitutiva del 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 

227 

in implementing the prohibition under subsection (a) unless the 

action has been presented in accordance with the procedure set 

forth in paragraph (2). 

‘‘(2) An action shall be deemed presented for purposes of 

paragraph (1) if it is— 

‘‘(A) in writing; and 

‘‘(B) received by the United States Department of State 

on or before 120 days after the date specified in paragraph 

(3) at— 

‘‘(i) the headquarters of the United States Department of State in Washington, D.C.; or, 

‘‘(ii) the Embassy of the United States of America 

to Nicaragua. 

‘‘(3) The date to which paragraph (2) refers is a date after 

enactment of this subsection that is specified by the Secretary 

of State, in the Secretary’s discretion, in a notice published in 

the Federal Register.’’. 

WAR CRIMES IN AFRICA

SEC. 585. (a) The Congress recognizes the important contribution that the democratically elected Government of Nigeria has 

played in fostering stability in West Africa. 

(b) The Congress reaffirms its support for the efforts of the 

International Criminal Tribunal for Rwanda (ICTR) and the Special Court for Sierra Leone (SCSL) to bring to justice individuals 

responsible for war crimes and crimes against humanity in a timely 

manner. 

(c) Funds appropriated by this Act, including funds for debt restructuring, may be made available for assistance to the central government of a country in which individuals indicted by ICTR and 

SCSL are credibly alleged to be living, if the Secretary of State determines and reports to the Committees on Appropriations that such 

government is cooperating with ICTR and SCSL, including the surrender and transfer of indictees in a timely manner: Provided, That 

this subsection shall not apply to assistance provided under section 

551 of the Foreign Assistance Act of 1961 or to project assistance 

under title II of this Act: Provided further, That the United States 

shall use its voice and vote in the United Nations Security Council 

to fully support efforts by ICTR and SCSL to bring to justice individuals indicted by such tribunals in a timely manner. 

(d) The prohibition in subsection (c) may be waived on a country by country basis if the President determines that doing so is in 

the national security interest of the United States: Provided, That 

prior to exercising such waiver authority, the President shall submit 

a report to the Committees on Appropriations, in classified form if 

necessary, on (1) the steps being taken to obtain the cooperation of 

the government in surrendering the indictee in question to SCSL or 

ICTR; (2) a strategy for bringing the indictee before ICTR or SCSL; 

and (3) the justification for exercising the waiver authority. 

ADMISSION OF REFUGEES

SEC. 586. (a) The Secretary of State shall utilize private voluntary organizations with expertise in the protection needs of refugees in the processing of refugees overseas for admission and resetVerDate Aug 04 2004 07:33 Dec 01, 2004 Jkt 096906 PO 00000 Frm 00231 Fmt 6659 Sfmt 6603 E:\HR\OC\HR792.XXX HR792
228 

tlement to the United States, and shall utilize such agencies in addition to the United Nations High Commissioner for Refugees in the 

identification and referral of refugees. 

(b) The Secretary of State should maintain a system for accepting referrals of appropriate candidates for resettlement from local 

private, voluntary organizations and work to ensure that particularly vulnerable refugee groups receive special consideration for admission into the United States, including— 

(1) long-stayers in countries of first asylum; 

(2) unaccompanied refugee minors; 

(3) refugees outside traditional camp settings; and 

(4) refugees in woman-headed households. 

(c) The Secretary of State shall give special consideration to— 

(1) refugees of all nationalities who have close family ties 

to citizens and residents of the United States; and 

(2) other groups of refugees who are of special concern to 

the United States. 

CODE OF CONDUCT

SEC. 587. (a) None of the funds made available by title II under 

the heading ‘‘Migration and Refugee Assistance’’ or ‘‘Transition Initiatives’’ to provide assistance to refugees or internally displaced 

persons may be provided to an organization that has failed to adopt 

a code of conduct consistent with the Inter-Agency Standing Committee Task Force on Protection From Sexual Exploitation and 

Abuse in Humanitarian Crises six core principles for the protection 

of beneficiaries of humanitarian assistance. 

(b) In administering the amounts made available for the accounts described in subsection (a), the Secretary of State and Administrator of the United States Agency for International Development shall incorporate specific policies and programs for the purpose of identifying specific needs of, and particular threats to, 

women and children at the various stages of humanitarian emergencies, especially at the onset of such emergency. 

UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT HIRING

AUTHORITY

SEC. 588. (a) AUTHORITY.—Up to $37,500,000 of the funds 

made available in this Act to carry out the provisions of part I of 

the Foreign Assistance Act of 1961, including funds appropriated 

under the heading ‘‘Assistance for Eastern Europe and the Baltic 

States’’, may be used by the United States Agency for International 

Development (USAID) to hire and employ individuals in the United 

States and overseas on a limited appointment basis pursuant to the 

authority of sections 308 and 309 of the Foreign Service Act of 1980. 

(b) RESTRICTIONS.— 

(1) The number of individuals hired in any fiscal year pursuant to the authority contained in subsection (a) may not exceed 175, of which not more than 75 may be hired for employment in the United States. 

(2) The authority to hire individuals contained in subsection (a) shall expire on September 30, 2007. 

(c) CONDITIONS.—The authority of this section may only be 

used— 

229 

(1) to the extent that an equivalent number of positions that 

are filled by personal services contractors or other nondirecthire employees of USAID, who are compensated with funds appropriated to carry out part I of the Foreign Assistance Act of 

1961, including funds appropriated under the heading ‘‘Assistance for Eastern Europe and the Baltic States’’, are eliminated; 

and 

(2) after consultations between the Committees on Appropriations and the USAID Administrator on the implementation 

of this section and USAID work force issues more generally. 

(d) PRIORITY SECTORS.—In exercising the authority of this section, primary emphasis shall be placed on enabling USAID to meet 

personnel positions in technical skill areas currently encumbered by 

contractor or other nondirect-hire personnel. 

(e) CONSULTATIONS.—After the initial consultations required by 

subsection (c)(2), the USAID Administrator shall consult with the 

Committees on Appropriations at least on a quarterly basis thereafter concerning the implementation of this section. 

(f) PROGRAM ACCOUNT CHARGED.—The account charged for the 

cost of an individual hired and employed under the authority of this 

section shall be the account to which such individual’s responsibilities primarily relate. Funds made available to carry out this section 

may be transferred to and merged and consolidated with funds appropriated for ‘‘Operating Expenses of the United States Agency for 

International Development’’. 

(g) RELATION TO PRIOR LAW.—Upon completion of the consultations required by subsection (c)(2), the authority contained in this 

section shall supersede the authority contained in section 525 of the 

Foreign Operations, Export Financing, and Related Programs Appropriations Act, 2004. 

(h) DISASTER SURGE CAPACITY.—Funds appropriated by this 

Act to carry out part I of the Foreign Assistance Act of 1961, including funds appropriated under the heading ‘‘Assistance for Eastern 

Europe and the Baltic States’’, may be used, in addition to funds 

otherwise available for such purposes, for the cost (including the 

support costs) of individuals detailed to or employed by the United 

States Agency for International Development whose primary responsibility is to carry out programs in response to natural disasters. 

OVERSEAS PRIVATE INVESTMENT CORPORATION AND EXPORT-IMPORT

BANK RESTRICTIONS

SEC. 589. (a) LIMITATION ON USE OF FUNDS BY OPIC.—None 

of the funds made available in this Act may be used by the Overseas 

Private Investment Corporation to insure, reinsure, guarantee, or finance any investment in connection with a project involving the 

mining, polishing or other processing, or sale of diamonds in a 

country that fails to meet the requirements of subsection (c). 

(b) LIMITATION ON USE OF FUNDS BY THE EXPORT-IMPORT

BANK.—None of the funds made available in this Act may be used 

by the Export-Import Bank of the United States to guarantee, insure, extend credit, or participate in an extension of credit in connection with the export of any goods to a country for use in an enterprise involving the mining, polishing or other processing, or sale of 

diamonds in a country that fails to meet the requirements of subsection (c). 

230 

(c) REQUIREMENTS.—The requirements referred to in subsections (a) and (b) are that the country concerned is implementing 

the recommendations, obligations and requirements developed by 

the Kimberley Process on conflict diamonds. 

SECURITY IN ASIA

SEC. 590. (a) INDONESIA.—Funds made available for assistance 

for Indonesia under the heading ‘‘Foreign Military Financing Program’’ may be made available for assistance for the Indonesian 

navy notwithstanding section 572 of this Act if the Secretary of 

State reports to the Committees on Appropriations that the Indonesian navy is not violating human rights and is cooperating with 

civilian judicial authorities on cases involving human rights violations: Provided, That such funds may only be made available for assistance for the Indonesian navy for the purposes of enhancing maritime security: Provided further, That such funds shall be made 

available subject to the regular notification procedures of the Committees on Appropriations. 

(b) CAMBODIA.—Funds made available for assistance for Cambodia under the heading ‘‘Foreign Military Financing Program’’ 

may be made available notwithstanding section 554 of this Act: Provided, That such funds shall only be made available subject to the 

regular notification procedures of the Committees on Appropriations. 

(c) NEPAL.— (1) The Congress deplores and condemns the Maoist insurgency in Nepal which has engaged in widespread atrocities 

against civilians and Nepalese security forces, and calls on 

other nations to denounce these vicious acts. 

(2) Funds appropriated under the heading ‘‘Foreign Military Financing Program’’ may be made available for assistance 

for Nepal if the Secretary of State reports to the Committees on 

Appropriations that the Government of Nepal: 

(A) has determined the number of and is making substantial progress in complying with habeas corpus orders 

issued by the Supreme Court of Nepal, including all outstanding orders; 

(B) is cooperating with the National Human Rights 

Commission of Nepal to identify and resolve all security related cases involving individuals in government custody; 

(C) is granting the National Human Rights Commission of Nepal unimpeded access to all places of detention; 

and 

(D) is taking effective steps to end torture by security 

forces and to prosecute members of such forces who are responsible for gross violations of human rights. 

(3) The Secretary of State may waive the requirements of 

paragraph (2) if he determines and reports to the Committees 

on Appropriations that to do so is in the national security interests of the United States. 

HIPC DEBT REDUCTION AND TRUST FUND

SEC. 591. (a) Section 801(b)(1) of Public Law 106–429 is 

amended— 

(1) by inserting ‘‘(i)’’ after ‘‘appropriated’’; and 

231 

(2) by inserting before the period ‘‘; and (ii) for fiscal years 2004–2006, not more than $150,000,000, for purposes of additional United States contributions to the HIPC Trust Fund administered by the Bank, which are authorized to remain available until expended’’. 

(b) Section 501(i) of Public Law 106–113 is amended by deleting ‘‘2003–2004’’ and inserting in lieu thereof ‘‘2000–2006’’. 

COMPLIANCE WITH THE ALGIERS AGREEMENTS

SEC. 592. None of the funds appropriated by this Act may be 

made available for assistance for the central Governments of Ethiopia or Eritrea unless the Secretary of State certifies and reports to 

the Committees on Appropriations that such government is taking 

steps to comply with the terms of the Algiers Agreements: Provided, 

That this section shall not apply to democracy, rule of law, peacekeeping programs and activities, child survival and health, basic 

education, and agriculture programs: Provided further, That the 

Secretary may waive the requirements of this section if he determines that to do so is in the national security interests of the United 

States. 

ADMINISTRATIVE PROVISIONS RELATED TO MULTILATERAL

DEVELOPMENT BANKS

SEC. 593. (a) Section 1307 of the International Financial Institutions Act (22 U.S.C. 262m–7) is amended— 

(1) by striking subsection (a) and inserting the following: 

‘‘(a) ASSESSMENT REQUIRED BEFORE FAVORABLE VOTE ON PRO- POSAL.—The Secretary of the Treasury shall instruct the United 

States Executive Director of each multilateral development bank not 

to vote in favor of any proposed action (including but not limited 

to any loan, credit, grant, or guarantee) which would result or be 

likely to result in significant impact on the environment, unless the 

Secretary, after consultation with the Secretary of State and the Administrators of the United States Agency for International Development and the Environmental Protection Agency, determines that for 

at least 120 days before the date of the vote— 

‘‘(1) an assessment analyzing the environmental impacts of the 

proposed action, including associated and cumulative impacts, and 

of alternatives to the proposed action, has been completed by the 

borrower or the bank and has been made available to the board of 

directors of the bank; and 

‘‘(2) such assessment or a comprehensive summary of the assessment (with proprietary information redacted) has been made available to affected groups and local nongovernmental organizations 

and notice of its availability in the country and at the bank has 

been posted on the bank’s website.’’; and 

(2) by striking subsection (g) and inserting the following: 

‘‘(g) MULTILATERAL DEVELOPMENT BANK DEFINED—In this title, 

the term ‘multilateral development bank’ means the International 

Bank for Reconstruction and Development, the European Bank for 

Reconstruction and Development, the International Development Association, the International Finance Corporation, the Multilateral 

Investment Guarantee Agency, the African Development Bank, the 

African Development Fund, the Asian Development Bank, the InterAmerican Development Bank, the Inter-American Investment CorVerDate Aug 04 2004 07:33 Dec 01, 2004 Jkt 096906 PO 00000 Frm 00235 Fmt 6659 Sfmt 6603 E:\HR\OC\HR792.XXX HR792
232 

poration, any other institution (other than the International Monetary Fund) specified in section 1701(c)(2), and any subsidiary of any 

institution.’’ 

(b) Section 1303(b) of the International Financial Institutions 

Act (22 U.S.C. 262m–2(b)) is amended— 

(1) by inserting ‘‘(1)’’ after ‘‘(b)’’ and replacing ‘‘International 

Bank for Reconstruction and Development, the Inter-American Development Bank, the Asian Development Bank of the African Development Bank’’ with the phrase ‘‘multilateral development banks as 

defined in section 1307(g)’’; and 

(2) by inserting at the end of subsection (b) the following text: 

‘‘(2) The Secretary of the Treasury shall instruct such Executive 

Directors to work with other countries’ Executive Directors and multilateral development bank management to: 

‘‘(A) improve the procedures of each multilateral development 

bank for providing its board of directors with a complete and accurate record regarding public consultation before they vote on proposed projects with significant environmental implications; and 

‘‘(B) revise bank procedures to consistently require public consultation on operational policy proposals or revisions that have significant environmental or social implications. 

‘‘(3) Progress under this subsection shall be incorporated into 

Treasury’s required annual report to Congress on the environmental 

performance of the multilateral development banks.’’. 

VIETNAMESE REFUGEES

SEC. 594. (a) ELIGIBILITY FOR IN-COUNTRY REFUGEE PROCESSING IN VIETNAM.—For purposes of eligibility for in-country refugee processing for nationals of Vietnam during fiscal years 2004 

and 2005, an alien described in subsection (b) shall be considered 

to be a refugee of special humanitarian concern to the United States 

(within the meaning of section 207 of the Immigration and Nationality Act (8 U.S.C. 1157)) and shall be admitted to the United 

States for resettlement if the alien would be admissible as an immigrant under the Immigration and Nationality Act (except as provided in section 207(c)(3) of that Act). 

(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— 

233 

(1)(A) was formerly interned in a re-education camp in 

Vietnam by the Government of the Socialist Republic of Vietnam; or 

(B) is the widow or widower of an individual described in 

subparagraph (A); 

(2)(A) qualified for refugee processing under the Orderly 

Departure Program re-education subprogram; and 

(B) is or was accepted under the Orderly Departure Program or through the United States Consulate General in Ho 

Chi Minh City— 

(i) for resettlement as a refugee; or 

(ii) for admission to the United States as an immediate 

relative immigrant; and 

(3)(A) is presently maintaining a residence in the United 

States or whose surviving spouse is presently maintaining such 

a residence; or 

(B) was approved for refugee resettlement or immigrant 

visa processing and is awaiting departure formalities from Vietnam or whose surviving spouse is awaiting such departure formalities. 

JOINT EXPLANATORY STATEMENT

SEC. 595. (a) Funds provided in this Act for the following accounts shall be made available for programs and countries in the 

amounts contained in the respective tables included in the joint explanatory statement of managers accompanying this Act: 

‘‘Economic Support Fund’’; 

‘‘Assistance for Eastern Europe and the Baltic States’’; 

‘‘Assistance for the Independent States of the Former Soviet 

Union’’; 

‘‘Andean Counterdrug Initiative’’; 

‘‘Nonproliferation, Anti-Terrorism, Demining and Related 

Programs’’; 

‘‘Foreign Military Financing Program’’; and 

‘‘International Organizations and Programs’’. 

(b) Any proposed increases or decreases to the amounts contained in such tables in the joint explanatory statement of managers 

shall be subject to the regular notification procedures of the Committees on Appropriations and section 634A of the Foreign Assistance Act of 1961. 

This division may be cited as the ‘‘Foreign Operations, Export 

Financing, and Related Programs Appropriations Act, 2005’’. 

234 

DIVISION E—DEPARTMENT OF THE INTERIOR AND 

RELATED AGENCIES APPROPRIATIONS ACT, 2005 

TITLE I—DEPARTMENT OF THE INTERIOR 

BUREAU OF LAND MANAGEMENT

MANAGEMENT OF LANDS AND RESOURCES

For necessary expenses for protection, use, improvement, development, disposal, cadastral surveying, classification, acquisition of 

easements and other interests in lands, and performance of other 

functions, including maintenance of facilities, as authorized by law, 

in the management of lands and their resources under the jurisdiction of the Bureau of Land Management, including the general administration of the Bureau, and assessment of mineral potential of 

public lands pursuant to Public Law 96–487 (16 U.S.C. 3150(a)), 

$848,939,000, to remain available until expended, of which 

$1,000,000 is for high priority projects, to be carried out by the 

Youth Conservation Corps; $4,000,000 is for assessment of the mineral potential of public lands in Alaska pursuant to section 1010 of 

Public Law 96–487; (16 U.S.C. 3150); and of which not to exceed 

$1,000,000 shall be derived from the special receipt account established by the Land and Water Conservation Act of 1965, as amended (16 U.S.C. 460l–6a(i)); and of which $3,500,000 shall be available in fiscal year 2005 subject to a match by at least an equal 

amount by the National Fish and Wildlife Foundation for costshared 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 

235 

provide that protection, and are available without fiscal year limitation: Provided further, That using the amounts designated under 

this title of this Act, the Secretary of the Interior may enter into procurement contracts, grants, or cooperative agreements, for hazardous fuels reduction activities, and for training and monitoring 

associated with such hazardous fuels reduction activities, on Federal land, or on adjacent non-Federal land for activities that benefit 

resources on Federal land: Provided further, That the costs of implementing any cooperative agreement between the Federal Government 

and any non-Federal entity may be shared, as mutually agreed on 

by the affected parties: Provided further, That notwithstanding requirements of the Competition in Contracting Act, the Secretary, for 

purposes of hazardous fuels reduction activities, may obtain maximum practicable competition among: (A) local private, nonprofit, or 

cooperative entities; (B) Youth Conservation Corps crews or related 

partnerships with state, local, or non-profit youth groups; (C) small 

or micro-businesses; or (D) other entities that will hire or train locally a significant percentage, defined as 50 percent or more, of the 

project workforce to complete such contracts: Provided further, That 

in implementing this section, the Secretary shall develop written 

guidance to field units to ensure accountability and consistent application of the authorities provided herein: Provided further, That 

funds appropriated under this head may be used to reimburse the 

United States Fish and Wildlife Service and the National Marine 

Fisheries Service for the costs of carrying out their responsibilities 

under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) 

to consult and conference, as required by section 7 of such Act, in 

connection with wildland fire management activities: Provided further, That the Secretary of the Interior may use wildland fire appropriations to enter into non-competitive sole source leases of real 

property with local governments, at or below fair market value, to 

construct capitalized improvements for fire facilities on such leased 

properties, including but not limited to fire guard stations, retardant stations, and other initial attack and fire support facilities, and 

to make advance payments for any such lease or for construction activity associated with the lease: Provided further, That the Secretary 

of the Interior and the Secretary of Agriculture may authorize the 

transfer of funds appropriated for wildland fire management, in an 

aggregate amount not to exceed $12,000,000, between the Departments when such transfers would facilitate and expedite jointly 

funded wildland fire management programs and projects: Provided 

further, That funds provided for wildfire suppression shall be available for support of Federal emergency response actions. 

CENTRAL HAZARDOUS MATERIALS FUND

For necessary expenses of the Department of the Interior and 

any of its component offices and bureaus for the remedial action, including associated activities, of hazardous waste substances, pollutants, or contaminants pursuant to the Comprehensive Environmental Response, Compensation, and Liability Act, as amended (42 

U.S.C. 9601 et seq.), $9,855,000, to remain available until expended: 

Provided, That notwithstanding 31 U.S.C. 3302, sums recovered 

from or paid by a party in advance of or as reimbursement for remedial action or response activities conducted by the Department 

pursuant to section 107 or 113(f) of such Act, shall be credited to 

236 

this account, to be available until expended without further appropriation: Provided further, That such sums recovered from or paid 

by any party are not limited to monetary payments and may include 

stocks, bonds or other personal or real property, which may be retained, liquidated, or otherwise disposed of by the Secretary and 

which shall be credited to this account. 

CONSTRUCTION

For construction of buildings, recreation facilities, roads, trails, 

and appurtenant facilities, $11,500,000, to remain available until 

expended. 

LAND ACQUISITION

For expenses necessary to carry out sections 205, 206, and 

318(d) of Public Law 94–579, including administrative expenses 

and acquisition of lands or waters, or interests therein, $11,350,000, 

to be derived from the Land and Water Conservation Fund and to 

remain available until expended. 

OREGON AND CALIFORNIA GRANT LANDS

For expenses necessary for management, protection, and development of resources and for construction, operation, and maintenance of access roads, reforestation, and other improvements on the 

revested Oregon and California Railroad grant lands, on other Federal lands in the Oregon and California land-grant counties of Oregon, and on adjacent rights-of-way; and acquisition of lands or interests therein, including existing connecting roads on or adjacent 

to such grant lands; $109,057,000, to remain available until expended: Provided, That 25 percent of the aggregate of all receipts 

during the current fiscal year from the revested Oregon and California Railroad grant lands is hereby made a charge against the 

Oregon and California land-grant fund and shall be transferred to 

the General Fund in the Treasury in accordance with the second 

paragraph of subsection (b) of title II of the Act of August 28, 1937 

(50 Stat. 876). 

FOREST ECOSYSTEM HEALTH AND RECOVERY FUND

(REVOLVING FUND, SPECIAL ACCOUNT)

In addition to the purposes authorized in Public Law 102–381, 

funds made available in the Forest Ecosystem Health and Recovery 

Fund can be used for the purpose of planning, preparing, implementing and monitoring salvage timber sales and forest ecosystem 

health and recovery activities, such as release from competing vegetation and density control treatments. The Federal share of receipts 

(defined as the portion of salvage timber receipts not paid to the 

counties under 43 U.S.C. 1181f and 43 U.S.C. 1181f–1 et seq., and 

Public Law 106–393) derived from treatments funded by this account shall be deposited into the Forest Ecosystem Health and Recovery Fund. 

RANGE IMPROVEMENTS

For rehabilitation, protection, and acquisition of lands and interests therein, and improvement of Federal rangelands pursuant to 

237 

section 401 of the Federal Land Policy and Management Act of 1976 

(43 U.S.C. 1701), notwithstanding any other Act, sums equal to 50 

percent of all moneys received during the prior fiscal year under sections 3 and 15 of the Taylor Grazing Act (43 U.S.C. 315 et seq.) and 

the amount designated for range improvements from grazing fees 

and mineral leasing receipts from Bankhead-Jones lands transferred to the Department of the Interior pursuant to law, but not 

less than $10,000,000, to remain available until expended: Provided, That not to exceed $600,000 shall be available for administrative expenses. 

SERVICE CHARGES, DEPOSITS, AND FORFEITURES

For administrative expenses and other costs related to processing application documents and other authorizations for use and 

disposal of public lands and resources, for costs of providing copies 

of official public land documents, for monitoring construction, operation, and termination of facilities in conjunction with use authorizations, and for rehabilitation of damaged property, such amounts 

as may be collected under Public Law 94–579, as amended, and 

Public Law 93–153, to remain available until expended: Provided, 

That notwithstanding any provision to the contrary of section 305(a) 

of Public Law 94–579 (43 U.S.C. 1735(a)), any moneys that have 

been or will be received pursuant to that section, whether as a result 

of forfeiture, compromise, or settlement, if not appropriate for refund 

pursuant to section 305(c) of that Act (43 U.S.C. 1735(c)), shall be 

available and may be expended under the authority of this Act by 

the Secretary to improve, protect, or rehabilitate any public lands 

administered through the Bureau of Land Management which have 

been damaged by the action of a resource developer, purchaser, permittee, or any unauthorized person, without regard to whether all 

moneys collected from each such action are used on the exact lands 

damaged which led to the action: Provided further, That any such 

moneys that are in excess of amounts needed to repair damage to 

the exact land for which funds were collected may be used to repair 

other damaged public lands. 

MISCELLANEOUS TRUST FUNDS

In addition to amounts authorized to be expended under existing laws, there is hereby appropriated such amounts as may be contributed under section 307 of the Act of October 21, 1976 (43 U.S.C. 

1701), and such amounts as may be advanced for administrative 

costs, surveys, appraisals, and costs of making conveyances of omitted lands under section 211(b) of that Act, to remain available until 

expended. 

ADMINISTRATIVE PROVISIONS

Appropriations for the Bureau of Land Management shall be 

available for purchase, erection, and dismantlement of temporary 

structures, and alteration and maintenance of necessary buildings 

and appurtenant facilities to which the United States has title; up 

to $100,000 for payments, at the discretion of the Secretary, for information or evidence concerning violations of laws administered by 

the Bureau; miscellaneous and emergency expenses of enforcement 

activities authorized or approved by the Secretary and to be acVerDate Aug 04 2004 07:33 Dec 01, 2004 Jkt 096906 PO 00000 Frm 00241 Fmt 6659 Sfmt 6603 E:\HR\OC\HR792.XXX HR792
238 

counted for solely on her certificate, not to exceed $10,000: Provided, 

That notwithstanding 44 U.S.C. 501, the Bureau may, under cooperative cost-sharing and partnership arrangements authorized by 

law, procure printing services from cooperators in connection with 

jointly produced publications for which the cooperators share the 

cost of printing either in cash or in services, and the Bureau determines the cooperator is capable of meeting accepted quality standards. 

UNITED STATES FISH AND WILDLIFE SERVICE

RESOURCE MANAGEMENT

For necessary expenses of the United States Fish and Wildlife 

Service, as authorized by law, and for scientific and economic studies, maintenance of the herd of long-horned cattle on the Wichita 

Mountains Wildlife Refuge, general administration, and for the performance of other authorized functions related to such resources by 

direct expenditure, contracts, grants, cooperative agreements and reimbursable agreements with public and private entities, 

$977,205,000, to remain available until September 30, 2006, except 

as otherwise provided herein: Provided, That not less than 

$1,000,000 shall be provided to local governments in southern California for planning associated with the Natural Communities Conservation Planning (NCCP) program and shall remain available 

until expended: Provided further, That $2,000,000 is for high priority projects, which shall be carried out by the Youth Conservation 

Corps: Provided further, That not to exceed $16,175,000 shall be 

used for implementing subsections (a), (b), (c), and (e) of section 4 

of the Endangered Species Act, as amended, for species that are indigenous to the United States (except for processing petitions, developing and issuing proposed and final regulations, and taking any 

other steps to implement actions described in subsection (c)(2)(A), 

(c)(2)(B)(i), or (c)(2)(B)(ii)), of which not to exceed $11,400,000 shall 

be used for any activity regarding the designation of critical habitat, 

pursuant to subsection (a)(3), excluding litigation support, for species listed pursuant to subsection (a)(1) prior to October 1, 2004: 

Provided further, That of the amount available for law enforcement, 

up to $400,000, to remain available until expended, may at the discretion of the Secretary be used for payment for information, rewards, or evidence concerning violations of laws administered by 

the Service, and miscellaneous and emergency expenses of enforcement activity, authorized or approved by the Secretary and to be accounted for solely on her certificate: Provided further, That of the 

amount provided for environmental contaminants, up to $1,000,000 

may remain available until expended for contaminant sample analyses. 

CONSTRUCTION

For construction, improvement, acquisition, or removal of buildings and other facilities required in the conservation, management, 

investigation, protection, and utilization of fishery and wildlife resources, and the acquisition of lands and interests therein; 

$53,400,000, to remain available until expended: Provided, That 

notwithstanding any other provision of law, a single procurement 

for the construction project at the Clark R. Bavin Forensics LaboraVerDate Aug 04 2004 07:33 Dec 01, 2004 Jkt 096906 PO 00000 Frm 00242 Fmt 6659 Sfmt 6603 E:\HR\OC\HR792.XXX HR792
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tory in Oregon may be issued which includes the full scope of the 

project: Provided further, That the solicitation and the contract 

shall contain the clause ‘‘availability of funds’’ found at 48 CFR 

52.232.18. 

LAND ACQUISITION

For expenses necessary to carry out the Land and Water Conservation Fund Act of 1965, as amended (16 U.S.C. 460l–4 through 

11), including administrative expenses, and for acquisition of land 

or waters, or interest therein, in accordance with statutory authority 

applicable to the United States Fish and Wildlife Service, 

$37,526,000, to be derived from the Land and Water Conservation 

Fund and to remain available until expended, of which $750,000 is 

for support of acquisition of lands for waterfowl habitat in the 

Yukon Flats National Wildlife Refuge, and the related conveyance 

of Federal lands and interests in lands to Doyon, Limited, an Alaska Native Corporation organized pursuant to the Alaska Native 

Claims Settlement Act: Provided, That the Secretary is authorized 

to, and shall, execute all necessary acquisitions and exchange agreement documents in furtherance of this acquisition and exchange as 

soon as possible: Provided further, That notwithstanding any other 

law, all revenues, fees and royalties received by the Federal Government from oil and/or gas production from the lands, and interests 

in land, acquired by Doyon, Limited, pursuant to the exchange of 

lands located within Yukon Flats National Wildlife Refuge shall be 

deposited in a special account in the Treasury of the United States 

to be called the Alaska National Wildlife Refuge Land Acquisition 

and Facility Account (‘‘Acquisition Account’’): Provided further, 

That all amounts deposited in the acquisition account shall be 

available until expended without further act of appropriation to the 

Director of the U.S. Fish and Wildlife Service for only the following 

purposes: (1) To acquire lands from Doyon, Limited, located within 

Yukon Flats National Wildlife Refuge in accordance with the Exchange Agreement; (2) To acquire lands from other willing sellers 

in the Yukon Flats National Wildlife Refuge, or from other willing 

sellers in other units of the National Wildlife Refuge System located 

within the State of Alaska; and, (3) To construct facilities and infrastructure for Alaska refuges: Provided further, That none of the 

funds appropriated for specific land acquisition projects, other than 

the appropriations for the Yukon Flats National Wildlife Refuge exchange and acquisition provided for under this heading, can be 

used to pay for any administrative overhead, planning or other 

management costs: Provided further, That none of the funds in this 

or any other Act may be used for the acquisition of land for inclusion in the Deep Fork National Wildlife Refuge. 

LANDOWNER INCENTIVE PROGRAM

For expenses necessary to carry out the Land and Water Conservation Fund Act of 1965, as amended (16 U.S.C. 460l–4 through 

11), including administrative expenses, and for private conservation 

efforts to be carried out on private lands, $22,000,000, to be derived 

from the Land and Water Conservation Fund, and to remain available until expended: Provided, That the amount provided herein is 

for a Landowner Incentive Program established by the Secretary 

that provides matching, competitively awarded grants to States, the 

240 

District of Columbia, federally recognized Indian tribes, Puerto 

Rico, Guam, the United States Virgin Islands, the Northern Mariana Islands, and American Samoa, to establish or supplement existing landowner incentive programs that provide technical and financial assistance, including habitat protection and restoration, to 

private landowners for the protection and management of habitat to 

benefit federally listed, proposed, candidate, or other at-risk species 

on private lands. 

PRIVATE STEWARDSHIP GRANTS

For expenses necessary to carry out the Land and Water Conservation Fund Act of 1965, as amended (16 U.S.C. 460l–4 through 

11), including administrative expenses, and for private conservation 

efforts to be carried out on private lands, $7,000,000, to be derived 

from the Land and Water Conservation Fund, and to remain available until expended: Provided, That the amount provided herein is 

for the Private Stewardship Grants Program established by the Secretary to provide grants and other assistance to individuals and 

groups engaged in private conservation efforts that benefit federally 

listed, proposed, candidate, or other at-risk species: Provided further, That balances from amounts previously appropriated under 

the heading ‘‘Stewardship Grants’’ shall be transferred to and 

merged with this appropriation and shall remain available until expended. 

COOPERATIVE ENDANGERED SPECIES CONSERVATION FUND

For expenses necessary to carry out section 6 of the Endangered 

Species Act of 1973 (16 U.S.C. 1531 et seq.), as amended, 

$81,596,000, of which $32,212,000 is to be derived from the Cooperative Endangered Species Conservation Fund and $49,384,000 is to 

be derived from the Land and Water Conservation Fund and to remain available until expended. 

NATIONAL WILDLIFE REFUGE FUND

For expenses necessary to implement the Act of October 17, 1978 

(16 U.S.C. 715s), $14,414,000. 

NORTH AMERICAN WETLANDS CONSERVATION FUND

For expenses necessary to carry out the provisions of the North 

American Wetlands Conservation Act, Public Law 101–233, as 

amended, $38,000,000, to remain available until expended. 

NEOTROPICAL MIGRATORY BIRD CONSERVATION

For financial assistance for projects to promote the conservation 

of neotropical migratory birds in accordance with the Neotropical 

Migratory Bird Conservation Act, Public Law 106–247 (16 U.S.C. 

6101–6109), $4,000,000, to remain available until expended. 

MULTINATIONAL SPECIES CONSERVATION FUND

For expenses necessary to carry out the African Elephant Conservation Act (16 U.S.C. 4201–4203, 4211–4213, 4221–4225, 4241– 

4245, and 1538), the Asian Elephant Conservation Act of 1997 

(Public Law 105–96; 16 U.S.C. 4261–4266), the Rhinoceros and 

Tiger Conservation Act of 1994 (16 U.S.C. 5301–5306), the Great 

241 

Ape Conservation Act of 2000 (16 U.S.C. 6301), and the Marine 

Turtle Conservation Act of 2004 (Public Law 108–266; 16 U.S.C. 

6601), $5,800,000, to remain available until expended. 

STATE AND TRIBAL WILDLIFE GRANTS

For wildlife conservation grants to States and to the District of 

Columbia, Puerto Rico, Guam, the United States Virgin Islands, the 

Northern Mariana Islands, American Samoa, and federally recognized Indian tribes under the provisions of the Fish and Wildlife 

Act of 1956 and the Fish and Wildlife Coordination Act, for the development and implementation of programs for the benefit of wildlife and their habitat, including species that are not hunted or 

fished, $70,000,000, to be derived from the Land and Water Conservation Fund, and to remain available until expended: Provided, 

That of the amount provided herein, $6,000,000 is for a competitive 

grant program for Indian tribes not subject to the remaining provisions of this appropriation: Provided further, That the Secretary 

shall, after deducting said $6,000,000 and administrative expenses, 

apportion the amount provided herein in the following manner: (A) 

to the District of Columbia and to the Commonwealth of Puerto 

Rico, each a sum equal to not more than one-half of 1 percent thereof; and (B) to Guam, American Samoa, the United States Virgin Islands, and the Commonwealth of the Northern Mariana Islands, 

each a sum equal to not more than one-fourth of 1 percent thereof: 

Provided further, That the Secretary shall apportion the remaining 

amount in the following manner: (A) one-third of which is based on 

the ratio to which the land area of such State bears to the total land 

area of all such States; and (B) two-thirds of which is based on the 

ratio to which the population of such State bears to the total population of all such States: Provided further, That the amounts apportioned under this paragraph shall be adjusted equitably so that no 

State shall be apportioned a sum which is less than 1 percent of the 

amount available for apportionment under this paragraph for any 

fiscal year or more than 5 percent of such amount: Provided further, 

That the Federal share of planning grants shall not exceed 75 percent of the total costs of such projects and the Federal share of implementation grants shall not exceed 50 percent of the total costs of 

such projects: Provided further, That the non-Federal share of such 

projects may not be derived from Federal grant programs: Provided 

further, That no State, territory, or other jurisdiction shall receive 

a grant unless it has developed, or committed to develop by October 

1, 2005, a comprehensive wildlife conservation plan, consistent with 

criteria established by the Secretary of the Interior, that considers 

the broad range of the State, territory, or other jurisdiction’s wildlife 

and associated habitats, with appropriate priority placed on those 

species with the greatest conservation need and taking into consideration the relative level of funding available for the conservation of 

those species: Provided further, That any amount apportioned in 

2005 to any State, territory, or other jurisdiction that remains unobligated as of September 30, 2006, shall be reapportioned, together 

with funds appropriated in 2007, in the manner provided herein: 

Provided further, That balances from amounts previously appropriated under the heading ‘‘State Wildlife Grants’’ shall be transferred to and merged with this appropriation and shall remain 

available until expended. 

242 

ADMINISTRATIVE PROVISIONS

Appropriations and funds available to the United States Fish 

and Wildlife Service shall be available for purchase of not to exceed 

179 passenger motor vehicles, of which 161 are for replacement only 

(including 44 for police-type use); repair of damage to public roads 

within and adjacent to reservation areas caused by operations of the 

Service; options for the purchase of land at not to exceed $1 for each 

option; facilities incident to such public recreational uses on conservation areas as are consistent with their primary purpose; and 

the maintenance and improvement of aquaria, buildings, and other 

facilities under the jurisdiction of the Service and to which the 

United States has title, and which are used pursuant to law in connection with management, and investigation of fish and wildlife resources: Provided, That notwithstanding 44 U.S.C. 501, the Service 

may, under cooperative cost sharing and partnership arrangements 

authorized by law, procure printing services from cooperators in 

connection with jointly produced publications for which the cooperators share at least one-half the cost of printing either in cash or 

services and the Service determines the cooperator is capable of 

meeting accepted quality standards: Provided further, That notwithstanding any other provision of law, the Service may use up to 

$2,000,000 from funds provided for contracts for employment-related legal services: Provided further, That the Service may accept 

donated aircraft as replacements for existing aircraft: Provided further, That notwithstanding any other provision of law, the Secretary 

of the Interior may not spend any of the funds appropriated in this 

Act for the purchase of lands or interests in lands to be used in the 

establishment of any new unit of the National Wildlife Refuge System unless the purchase is approved in advance by the House and 

Senate Committees on Appropriations in compliance with the reprogramming procedures contained in House Report 108–330. 

NATIONAL PARK SERVICE

OPERATION OF THE NATIONAL PARK SYSTEM

For expenses necessary for the management, operation, and 

maintenance of areas and facilities administered by the National 

Park Service (including special road maintenance service to trucking permittees on a reimbursable basis), and for the general administration of the National Park Service, $1,707,282,000, of which 

$10,708,000 is for planning and interagency coordination in support 

of Everglades restoration and shall remain available until expended; of which $96,440,000 is for maintenance, repair or rehabilitation projects for constructed assets, operation of the National Park 

Service automated facility management software system, and comprehensive facility condition assessments; and of which $2,000,000 

is for the Youth Conservation Corps for high priority projects: Provided, That the only funds in this account which may be made 

available to support United States Park Police are those funds approved for emergency law and order incidents pursuant to established National Park Service procedures, those funds needed to 

maintain and repair United States Park Police administrative facilities, and those funds necessary to reimburse the United States 

Park Police account for the unbudgeted overtime and travel costs asVerDate Aug 04 2004 07:33 Dec 01, 2004 Jkt 096906 PO 00000 Frm 00246 Fmt 6659 Sfmt 6603 E:\HR\OC\HR792.XXX HR792
243 

sociated with special events for an amount not to exceed $10,000 per 

event subject to the review and concurrence of the Washington headquarters office. 

UNITED STATES PARK POLICE

For expenses necessary to carry out the programs of the United 

States Park Police, $81,204,000. 

NATIONAL RECREATION AND PRESERVATION

For expenses necessary to carry out recreation programs, natural programs, cultural programs, heritage partnership programs, 

environmental compliance and review, international park affairs, 

statutory or contractual aid for other activities, and grant administration, not otherwise provided for, $61,832,000: Provided, That 

$700,000 from the Statutory and Contractual Aid Account shall be 

provided to the City of Tacoma, Washington for the purpose of conducting a feasibility study for the Train to the Mountain project: 

Provided further, That none of the funds in this Act for the River, 

Trails and Conservation Assistance program may be used for cash 

agreements, or for cooperative agreements that are inconsistent with 

the program’s final strategic plan: Provided further, That notwithstanding section 8(b) of Public Law 102–543 (16 U.S.C. 410yy–8(b)), 

amounts made available under this heading to the Keweenaw National Historical Park shall be matched on not less than a 1-to-1 

basis by non-Federal funds. 

HISTORIC PRESERVATION FUND

For expenses necessary in carrying out the Historic Preservation 

Act of 1966, as amended (16 U.S.C. 470), and the Omnibus Parks 

and Public Lands Management Act of 1996 (Public Law 104–333), 

$72,750,000, to be derived from the Historic Preservation Fund, to 

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

shall be for Save America’s Treasures for preservation of nationally 

significant sites, structures, and artifacts: Provided, That any individual Save America’s Treasures grant shall be matched by nonFederal 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 

244 

1989, $307,362,000, to remain available until expended, of which 

$500,000 for the L.Q.C. Lamar House National Historic Landmark 

shall be derived from the Historic Preservation Fund pursuant to 16 

U.S.C. 470a: Provided, That none of the funds available to the National Park Service may be used to plan, design, or construct any 

partnership project with a total value in excess of $5,000,000, without advance approval of the House and Senate Committees on Appropriations: Provided further, That, notwithstanding any other 

provision of law, the National Park Service may not accept donations or services associated with the planning, design, or construction of such new facilities without advance approval of the House 

and Senate Committees on Appropriations: Provided further, That 

these restrictions do not apply to the Flight 93 Memorial: Provided 

further, That funds provided under this heading for implementation 

of modified water deliveries to Everglades National Park shall be 

expended consistent with the requirements of the fifth proviso under 

this heading in Public Law 108–108: Provided further, That none 

of the funds provided in this or any other Act may be used for planning, design, or construction of any underground security screening 

or visitor contact facility at the Washington Monument until such 

facility has been approved in writing by the House and Senate Committees on Appropriations: Provided further, That the National 

Park Service may use funds provided herein to construct a parking 

lot and connecting trail on leased, non-Federal land in order to accommodate visitor use of the Old Rag Mountain Trail at Shenandoah National Park, and may for the duration of such lease use 

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

LAND AND WATER CONSERVATION FUND

(RESCISSION)

The contract authority provided for fiscal year 2005 by 16 

U.S.C. 460l–10a are rescinded. 

LAND ACQUISITION AND STATE ASSISTANCE

(INCLUDING TRANSFER OF FUNDS)

For expenses necessary to carry out the Land and Water Conservation Act of 1965, as amended (16 U.S.C. 460l–4 through 11), 

including administrative expenses, and for acquisition of lands or 

waters, or interest therein, in accordance with the statutory authority applicable to the National Park Service, $148,411,000, to be derived from the Land and Water Conservation Fund and to remain 

available until expended, of which $92,500,000 is for the State assistance program including $1,500,000 to administer this program: 

Provided, That none of the funds provided for the State assistance 

program may be used to establish a contingency fund: Provided further, That in lieu of State assistance program indirect costs (as described in OMB Circular A–87), not to exceed 5 percent of apportionments under the State assistance program may be used by 

States, the District of Columbia, and insular areas to support program administrative costs: Provided further, That $250,000 of the 

amount provided under this heading for civil war battlefield protecVerDate Aug 04 2004 07:33 Dec 01, 2004 Jkt 096906 PO 00000 Frm 00248 Fmt 6659 Sfmt 6603 E:\HR\OC\HR792.XXX HR792
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tion shall be available for transfer to the ‘‘National Recreation and 

Preservation’’ account. 

ADMINISTRATIVE PROVISIONS

Appropriations for the National Park Service shall be available 

for the purchase of not to exceed 249 passenger motor vehicles, of 

which 202 shall be for replacement only, including not to exceed 193 

for police-type use, 10 buses, and 8 ambulances: Provided, That 

none of the funds appropriated to the National Park Service may be 

used to process any grant or contract documents which do not include the text of 18 U.S.C. 1913: Provided further, That none of the 

funds appropriated to the National Park Service may be used to implement an agreement for the redevelopment of the southern end of 

Ellis Island until such agreement has been submitted to the Congress and shall not be implemented prior to the expiration of 30 calendar days (not including any day in which either House of Congress is not in session because of adjournment of more than 3 calendar days to a day certain) from the receipt by the Speaker of the 

House of Representatives and the President of the Senate of a full 

and comprehensive report on the development of the southern end 

of Ellis Island, including the facts and circumstances relied upon 

in support of the proposed project: Provided further, That appropriations available to the National Park Service may be used to 

maintain the following areas in Washington, District of Columbia: 

Jackson Place, Madison Place, and Pennsylvania Avenue between 

15th and 17th Streets, Northwest. 

None of the funds in this Act may be spent by the National 

Park Service for activities taken in direct response to the United Nations Biodiversity Convention. 

The National Park Service may distribute to operating units 

based on the safety record of each unit the costs of programs designed to improve workplace and employee safety, and to encourage 

employees receiving workers’ compensation benefits pursuant to 

chapter 81 of title 5, United States Code, to return to appropriate 

positions for which they are medically able. 

Notwithstanding any other provision of law, in fiscal year 2005, 

with respect to the administration of the National Park Service park 

pass program by the National Park Foundation, the Secretary may 

pay to the Foundation administrative funds expected to be received 

in that fiscal year before the revenues are collected, so long as total 

payments in the administrative account do not exceed total revenue 

collected and deposited in that account by the end of the fiscal year. 

If the Secretary of the Interior considers the decision of any 

value determination proceeding conducted under a National Park 

Service concession contract issued prior to November 13, 1998, to 

misinterpret or misapply relevant contractual requirements or their 

underlying legal authority, the Secretary may seek, within 180 days 

of any such decision, the de novo review of the value determination 

by the United States Court of Federal Claims, and that court may 

make an order affirming, vacating, modifying or correcting the determination. 

In addition to other uses set forth in section 407(d) of Public 

Law 105–391, franchise fees credited to a sub-account shall be 

available for expenditure by the Secretary, without further appropriation, for use at any unit within the National Park System to exVerDate Aug 04 2004 07:33 Dec 01, 2004 Jkt 096906 PO 00000 Frm 00249 Fmt 6659 Sfmt 6603 E:\HR\OC\HR792.XXX HR792
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tinguish or reduce liability for Possessory Interest or leasehold surrender interest. Such funds may only be used for this purpose to the 

extent that the benefiting unit anticipated franchise fee receipts over 

the term of the contract at that unit exceed the amount of funds 

used to extinguish or reduce liability. Franchise fees at the benefiting unit shall be credited to the sub-account of the originating 

unit over a period not to exceed the term of a single contract at the 

benefiting unit, in the amount of funds so expended to extinguish 

or reduce liability. 

UNITED STATES GEOLOGICAL SURVEY

SURVEYS, INVESTIGATIONS, AND RESEARCH

For expenses necessary for the United States Geological Survey 

to perform surveys, investigations, and research covering topography, geology, hydrology, biology, and the mineral and water resources of the United States, its territories and possessions, and 

other areas as authorized by 43 U.S.C. 31, 1332, and 1340; classify 

lands as to their mineral and water resources; give engineering supervision to power permittees and Federal Energy Regulatory Commission licensees; administer the minerals exploration program (30 

U.S.C. 641); and publish and disseminate data relative to the foregoing activities; and to conduct inquiries into the economic conditions affecting mining and materials processing industries (30 

U.S.C. 3, 21a, and 1603; 50 U.S.C. 98g(1)) and related purposes as 

authorized by law and to publish and disseminate data; 

$948,921,000, of which $63,262,000 shall be available only for cooperation with States or municipalities for water resources investigations; and of which $7,901,000 shall remain available until expended for satellite operations; and of which $21,971,000 shall be 

available until September 30, 2006, for the operation and maintenance of facilities and deferred maintenance; and of which 

$1,600,000 shall be available until expended for deferred maintenance and capital improvement projects that exceed $100,000 in 

cost; and of which $174,219,000 shall be available until September 

30, 2006, for the biological research activity and the operation of the 

Cooperative Research Units: Provided, That none of the funds provided for the biological research activity shall be used to conduct 

new surveys on private property, unless specifically authorized in 

writing by the property owner: Provided further, That no part of 

this appropriation shall be used to pay more than one-half the cost 

of topographic mapping or water resources data collection and investigations carried on in cooperation with States and municipalities. 

ADMINISTRATIVE PROVISIONS

The amount appropriated for the United States Geological Survey shall be available for the purchase and replacement of passenger motor vehicles; reimbursement to the General Services Administration for security guard services; contracting for the furnishing of topographic maps and for the making of geophysical or 

other specialized surveys when it is administratively determined 

that such procedures are in the public interest; construction and 

maintenance of necessary buildings and appurtenant facilities; acquisition of lands for gauging stations and observation wells; exVerDate Aug 04 2004 07:33 Dec 01, 2004 Jkt 096906 PO 00000 Frm 00250 Fmt 6659 Sfmt 6603 E:\HR\OC\HR792.XXX HR792
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penses of the United States National Committee on Geology; and 

payment of compensation and expenses of persons on the rolls of the 

Survey duly appointed to represent the United States in the negotiation and administration of interstate compacts: Provided, That activities funded by appropriations herein made may be accomplished 

through the use of contracts, grants, or cooperative agreements as 

defined in 31 U.S.C. 6302 et seq.: Provided further, That the United 

States Geological Survey may enter into contracts or cooperative 

agreements directly with individuals or indirectly with institutions 

or nonprofit organizations, without regard to 41 U.S.C. 5, for the 

temporary or intermittent services of students or recent graduates, 

who shall be considered employees for the purpose of chapters 57 

and 81 of title 5, United States Code, relating to compensation for 

travel and work injuries, and chapter 171 of title 28, United States 

Code, relating to tort claims, but shall not be considered to be Federal employees for any other purposes. 

MINERALS MANAGEMENT SERVICE

ROYALTY AND OFFSHORE MINERALS MANAGEMENT

For expenses necessary for minerals leasing and environmental 

studies, regulation of industry operations, and collection of royalties, as authorized by law; for enforcing laws and regulations applicable to oil, gas, and other minerals leases, permits, licenses and operating contracts; and for matching grants or cooperative agreements; including the purchase of not to exceed eight passenger 

motor vehicles for replacement only, $169,175,000, of which 

$76,106,000 shall be available for royalty management activities; 

and an amount not to exceed $103,730,000, to be credited to this appropriation and to remain available until expended, from additions 

to receipts resulting from increases to rates in effect on August 5, 

1993, from rate increases to fee collections for Outer Continental 

Shelf administrative activities performed by the Minerals Management Service (MMS) over and above the rates in effect on September 

30, 1993, and from additional fees for Outer Continental Shelf administrative activities established after September 30, 1993: Provided, That to the extent $103,730,000 in additions to receipts are 

not realized from the sources of receipts stated above, the amount 

needed to reach $103,730,000 shall be credited to this appropriation 

from receipts resulting from rental rates for Outer Continental Shelf 

leases in effect before August 5, 1993: Provided further, That 

$3,000,000 for computer acquisitions shall remain available until 

September 30, 2006: Provided further, That funds appropriated 

under this Act shall be available for the payment of interest in accordance with 30 U.S.C. 1721(b) and (d): Provided further, That not 

to exceed $3,000 shall be available for reasonable expenses related 

to promoting volunteer beach and marine cleanup activities: Provided further, That notwithstanding any other provision of law, 

$15,000 under this heading shall be available for refunds of overpayments in connection with certain Indian leases in which the Director of MMS concurred with the claimed refund due, to pay 

amounts owed to Indian allottees or tribes, or to correct prior unrecoverable erroneous payments: Provided further, That MMS may 

under the royalty-in-kind program, or under its authority to transfer oil to the Strategic Petroleum Reserve, use a portion of the reveVerDate Aug 04 2004 07:33 Dec 01, 2004 Jkt 096906 PO 00000 Frm 00251 Fmt 6659 Sfmt 6603 E:\HR\OC\HR792.XXX HR792
248 

nues from royalty-in-kind sales, without regard to fiscal year limitation, to pay for transportation to wholesale market centers or upstream pooling points, to process or otherwise dispose of royalty production taken in kind, and to recover MMS transportation costs, 

salaries, and other administrative costs directly related to the royalty-in-kind program: Provided further, That MMS shall analyze 

and document the expected return in advance of any royalty-in-kind 

sales to assure to the maximum extent practicable that royalty income under the pilot program is equal to or greater than royalty income recognized under a comparable royalty-in-value program: Provided further, That in fiscal year 2005 and thereafter, notwithstanding 30 U.S.C. 191(a) and 43 U.S.C. 1338, the Secretary shall 

pay amounts owed to States under the provision of 30 U.S.C. 

1721(b) from amounts received as current receipts from bonuses, 

royalties, interest collected from lessees and designees, and rentals 

of the public lands and the outer continental shelf under provisions 

of the Mineral Leasing Act (30 U.S.C. 181 et seq.), and the Outer 

Continental Shelf Lands Act (43 U.S.C. 1331 et seq.), which are not 

payable to a State or the Reclamation Fund. 

OIL SPILL RESEARCH

For necessary expenses to carry out title I, section 1016, title IV, 

sections 4202 and 4303, title VII, and title VIII, section 8201 of the 

Oil Pollution Act of 1990, $7,105,000, which shall be derived from 

the Oil Spill Liability Trust Fund, to remain available until expended. 

OFFICE OF SURFACE MINING RECLAMATION AND ENFORCEMENT

REGULATION AND TECHNOLOGY

For necessary expenses to carry out the provisions of the Surface 

Mining Control and Reclamation Act of 1977, Public Law 95–87, as 

amended, including the purchase of not to exceed 10 passenger 

motor vehicles, for replacement only; $109,805,000: Provided, That 

the Secretary of the Interior, pursuant to regulations, may use directly or through grants to States, moneys collected in fiscal year 

2005 for civil penalties assessed under section 518 of the Surface 

Mining Control and Reclamation Act of 1977 (30 U.S.C. 1268), to 

reclaim lands adversely affected by coal mining practices after August 3, 1977, to remain available until expended: Provided further, 

That appropriations for the Office of Surface Mining Reclamation 

and Enforcement may provide for the travel and per diem expenses 

of State and tribal personnel attending Office of Surface Mining 

Reclamation and Enforcement sponsored training. 

ABANDONED MINE RECLAMATION FUND

For necessary expenses to carry out title IV of the Surface Mining Control and Reclamation Act of 1977, Public Law 95–87, as 

amended, including the purchase of not more than 10 passenger 

motor vehicles for replacement only, $190,863,000, to be derived 

from receipts of the Abandoned Mine Reclamation Fund and to remain available until expended; of which up to $10,000,000, to be derived from the Federal Expenses Share of the Fund, shall be for 

supplemental grants to States for the reclamation of abandoned 

sites with acid mine rock drainage from coal mines, and for associVerDate Aug 04 2004 07:33 Dec 01, 2004 Jkt 096906 PO 00000 Frm 00252 Fmt 6659 Sfmt 6603 E:\HR\OC\HR792.XXX HR792
249 

ated activities, through the Appalachian Clean Streams Initiative: 

Provided, That grants to minimum program States will be 

$1,500,000 per State in fiscal year 2005: Provided further, That 

pursuant to Public Law 97–365, the Department of the Interior is 

authorized to use up to 20 percent from the recovery of the delinquent debt owed to the United States Government to pay for contracts to collect these debts: Provided further, That funds made 

available under title IV of Public Law 95–87 may be used for any 

required non-Federal share of the cost of projects funded by the Federal Government for the purpose of environmental restoration related to treatment or abatement of acid mine drainage from abandoned mines: Provided further, That such projects must be consistent with the purposes and priorities of the Surface Mining Control and Reclamation Act: Provided further, That the State of Maryland may set aside the greater of $1,000,000 or 10 percent of the 

total of the grants made available to the State under title IV of the 

Surface Mining Control and Reclamation Act of 1977, as amended 

(30 U.S.C. 1231 et seq.), if the amount set aside is deposited in an 

acid mine drainage abatement and treatment fund established 

under a State law, pursuant to which law the amount (together 

with all interest earned on the amount) is expended by the State to 

undertake acid mine drainage abatement and treatment projects, except that before any amounts greater than 10 percent of its title IV 

grants are deposited in an acid mine drainage abatement and treatment fund, the State of Maryland must first complete all Surface 

Mining Control and Reclamation Act priority one projects: Provided 

further, That amounts provided under this heading may be used for 

the travel and per diem expenses of State and tribal personnel attending Office of Surface Mining Reclamation and Enforcement 

sponsored training. 

ADMINISTRATIVE PROVISION

With funds available for the Technical Innovation and Professional Services program in this Act, the Secretary may transfer title 

for computer hardware, software and other technical equipment to 

State and Tribal regulatory and reclamation programs. 

BUREAU OF INDIAN AFFAIRS

OPERATION OF INDIAN PROGRAMS

For expenses necessary for the operation of Indian programs, as 

authorized by law, including the Snyder Act of November 2, 1921 

(25 U.S.C. 13), the Indian Self-Determination and Education Assistance Act of 1975 (25 U.S.C. 450 et seq.), as amended, the Education 

Amendments of 1978 (25 U.S.C. 2001–2019), and the Tribally Controlled Schools Act of 1988 (25 U.S.C. 2501 et seq.), as amended, 

$1,955,047,000, to remain available until September 30, 2006 except 

as otherwise provided herein, of which not to exceed $87,638,000 

shall be for welfare assistance payments and notwithstanding any 

other provision of law, including but not limited to the Indian SelfDetermination 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, 

250 

except that tribes and tribal organizations may use their tribal priority allocations for unmet indirect costs of ongoing contracts, 

grants, or compacts, or annual funding agreements and for unmet 

welfare assistance costs; and of which not to exceed $456,057,000 for 

school operations costs of Bureau-funded schools and other education programs shall become available on July 1, 2005, and shall 

remain available until September 30, 2006; and of which not to exceed $61,801,000 shall remain available until expended for housing 

improvement, road maintenance, attorney fees, litigation support, 

the Indian Self-Determination Fund, land records improvement, 

and the Navajo-Hopi Settlement Program: Provided, That notwithstanding any other provision of law, including but not limited to the 

Indian Self-Determination Act of 1975, as amended, and 25 U.S.C. 

2008, not to exceed $45,348,000 within and only from such amounts 

made available for school operations shall be available to tribes and 

tribal organizations for administrative cost grants associated with 

ongoing grants entered into with the Bureau prior to or during fiscal year 2004 for the operation of Bureau-funded schools, and up 

to $1,000,000 within and only from such amounts made available 

for school operations shall be available for the transitional costs of 

initial administrative cost grants to tribes and tribal organizations 

that enter into grants for the operation on or after July 1, 2004 of 

Bureau-operated schools: Provided further, That any forestry funds 

allocated to a tribe which remain unobligated as of September 30, 

2006, may be transferred during fiscal year 2007 to an Indian forest 

land assistance account established for the benefit of such tribe 

within the tribe’s trust fund account: Provided further, That any 

such unobligated balances not so transferred shall expire on September 30, 2007. 

CONSTRUCTION

For construction, repair, improvement, and maintenance of irrigation and power systems, buildings, utilities, and other facilities, 

including architectural and engineering services by contract; acquisition of lands, and interests in lands; and preparation of lands for 

farming, and for construction of the Navajo Indian Irrigation 

Project pursuant to Public Law 87–483, $323,626,000, to remain 

available until expended: Provided, That such amounts as may be 

available for the construction of the Navajo Indian Irrigation 

Project may be transferred to the Bureau of Reclamation: Provided 

further, That not to exceed 6 percent of contract authority available 

to the Bureau of Indian Affairs from the Federal Highway Trust 

Fund may be used to cover the road program management costs of 

the Bureau: Provided further, That any funds provided for the Safety of Dams program pursuant to 25 U.S.C. 13 shall be made available on a nonreimbursable basis: Provided further, That for fiscal 

year 2005, in implementing new construction or facilities improvement and repair project grants in excess of $100,000 that are provided to tribally controlled grant schools under Public Law 100– 

297, as amended, the Secretary of the Interior shall use the Administrative and Audit Requirements and Cost Principles for Assistance 

Programs contained in 43 CFR part 12 as the regulatory requirements: Provided further, That such grants shall not be subject to 

section 12.61 of 43 CFR; the Secretary and the grantee shall negotiate and determine a schedule of payments for the work to be perVerDate Aug 04 2004 07:33 Dec 01, 2004 Jkt 096906 PO 00000 Frm 00254 Fmt 6659 Sfmt 6603 E:\HR\OC\HR792.XXX HR792
251 

formed: Provided further, That in considering applications, the Secretary shall consider whether the Indian tribe or tribal organization 

would be deficient in assuring that the construction projects conform to applicable building standards and codes and Federal, tribal, or State health and safety standards as required by 25 U.S.C. 

2005(b), with respect to organizational and financial management 

capabilities: Provided further, That if the Secretary declines an application, the Secretary shall follow the requirements contained in 

25 U.S.C. 2504(f): Provided further, That any disputes between the 

Secretary and any grantee concerning a grant shall be subject to the 

disputes provision in 25 U.S.C. 2507(e): Provided further, That in 

order to ensure timely completion of replacement school construction 

projects, the Secretary may assume control of a project and all 

funds related to the project, if, within eighteen months of the date 

of enactment of this Act, any tribe or tribal organization receiving 

funds appropriated in this Act or in any prior Act, has not completed the planning and design phase of the project and commenced 

construction of the replacement school: Provided further, That, of 

the funds provided for the tribal school demonstration program, 

notwithstanding the provisions of paragraph (b)(1) of section 122 of 

division F of Public Law 108–7, as amended by section 136 of Public Law 108–108, $4,500,000 is for the Eastern Band of Cherokee 

education campus at the Ravensford tract, $4,000,000 is for the Sac 

and Fox Meskwaki Settlement school, and $4,000,000 is for the 

Twin Buttes elementary school on the Fort Berthold Reservation: 

Provided further, That this Appropriation may be reimbursed from 

the Office of the Special Trustee for American Indians Appropriation for the appropriate share of construction costs for space expansion needed in agency offices to meet trust reform implementation. 

INDIAN LAND AND WATER CLAIM SETTLEMENTS AND MISCELLANEOUS

PAYMENTS TO INDIANS

For miscellaneous payments to Indian tribes and individuals 

and for necessary administrative expenses, $44,771,000, to remain 

available until expended, for implementation of Indian land and 

water claim settlements pursuant to Public Laws 99–264, 100–580, 

101–618, 106–554, 107–331, and 108–34, and for implementation of 

other land and water rights settlements, of which $10,032,000 shall 

be available for payment to the Quinault Indian Nation pursuant 

to the terms of the North Boundary Settlement Agreement dated 

July 14, 2000, providing for the acquisition of perpetual conservation easements from the Nation. 

INDIAN GUARANTEED LOAN PROGRAM ACCOUNT

For the cost of guaranteed and insured loans, $6,421,000, of 

which $695,000 is for administrative expenses, as authorized by the 

Indian Financing Act of 1974, as amended: Provided, That such 

costs, including the cost of modifying such loans, shall be as defined 

in section 502 of the Congressional Budget Act of 1974: Provided 

further, That these funds are available to subsidize total loan principal, any part of which is to be guaranteed, not to exceed 

$84,699,000. 

252 

ADMINISTRATIVE PROVISIONS

The Bureau of Indian Affairs may carry out the operation of Indian programs by direct expenditure, contracts, cooperative agreements, compacts and grants, either directly or in cooperation with 

States and other organizations. 

Notwithstanding 25 U.S.C. 15, the Bureau of Indian Affairs 

may contract for services in support of the management, operation, 

and maintenance of the Power Division of the San Carlos Irrigation 

Project. 

Appropriations for the Bureau of Indian Affairs (except the revolving fund for loans, the Indian loan guarantee and insurance 

fund, and the Indian Guaranteed Loan Program account) shall be 

available for expenses of exhibits, and purchase of not to exceed 229 

passenger motor vehicles, of which not to exceed 187 shall be for replacement only. 

Notwithstanding any other provision of law, no funds available 

to the Bureau of Indian Affairs for central office operations or 

pooled overhead general administration (except facilities operations 

and maintenance) shall be available for tribal contracts, grants, 

compacts, or cooperative agreements with the Bureau of Indian Affairs under the provisions of the Indian Self-Determination Act or 

the Tribal Self-Governance Act of 1994 (Public Law 103–413). 

In the event any tribe returns appropriations made available by 

this Act to the Bureau of Indian Affairs for distribution to other 

tribes, this action shall not diminish the Federal Government’s trust 

responsibility to that tribe, or the government-to-government relationship between the United States and that tribe, or that tribe’s 

ability to access future appropriations. 

Notwithstanding any other provision of law, no funds available 

to the Bureau, other than the amounts provided herein for assistance to public schools under 25 U.S.C. 452 et seq., shall be available to support the operation of any elementary or secondary school 

in the State of Alaska. 

Appropriations made available in this or any other Act for 

schools funded by the Bureau shall be available only to the schools 

in the Bureau school system as of September 1, 1996. No funds 

available to the Bureau shall be used to support expanded grades 

for any school or dormitory beyond the grade structure in place or 

approved by the Secretary of the Interior at each school in the Bureau school system as of October 1, 1995. Funds made available 

under this Act may not be used to establish a charter school at a 

Bureau-funded school (as that term is defined in section 1146 of the 

Education Amendments of 1978 (25 U.S.C. 2026)), except that a 

charter school that is in existence on the date of the enactment of 

this Act and that has operated at a Bureau-funded school before 

September 1, 1999, may continue to operate during that period, but 

only if the charter school pays to the Bureau a pro rata share of 

funds to reimburse the Bureau for the use of the real and personal 

property (including buses and vans), the funds of the charter school 

are kept separate and apart from Bureau funds, and the Bureau 

does not assume any obligation for charter school programs of the 

State in which the school is located if the charter school loses such 

funding. Employees of Bureau-funded schools sharing a campus 

with a charter school and performing functions related to the charVerDate Aug 04 2004 07:33 Dec 01, 2004 Jkt 096906 PO 00000 Frm 00256 Fmt 6659 Sfmt 6603 E:\HR\OC\HR792.XXX HR792
253 

ter school’s operation and employees of a charter school shall not be 

treated as Federal employees for purposes of chapter 171 of title 28, 

United States Code. 

Notwithstanding any other provision of law, including sec. 113 

of Title I of Appendix C of Public Law 106–113, if a Tribe or tribal 

organization in fiscal year 2003 or 2004 received indirect and administrative costs pursuant to a distribution formula based on sec. 

5(f) of Public Law 101–301, the Secretary shall continue to distribute indirect and administrative cost funds to such Tribe or tribal organization using the sec. 5(f) distribution formula. 

DEPARTMENTAL OFFICES

INSULAR AFFAIRS

ASSISTANCE TO TERRITORIES

For expenses necessary for assistance to territories under the jurisdiction of the Department of the Interior, $76,255,000, of which: 

(1) $69,682,000 shall be available until expended for technical assistance, including maintenance assistance, disaster assistance, insular management controls, coral reef initiative activities, and 

brown tree snake control and research; grants to the judiciary in 

American Samoa for compensation and expenses, as authorized by 

law (48 U.S.C. 1661(c)); grants to the Government of American 

Samoa, in addition to current local revenues, for construction and 

support of governmental functions; grants to the Government of the 

Virgin Islands as authorized by law; grants to the Government of 

Guam, as authorized by law; and grants to the Government of the 

Northern Mariana Islands as authorized by law (Public Law 94- 

241; 90 Stat. 272); and (2) $6,563,000 shall be available for salaries 

and expenses of the Office of Insular Affairs: Provided, That all financial transactions of the territorial and local governments herein 

provided for, including such transactions of all agencies or instrumentalities established or used by such governments, may be audited by the Government Accountability Office, at its discretion, in 

accordance with chapter 35 of title 31, United States Code: Provided 

further, That Northern Mariana Islands Covenant grant funding 

shall be provided according to those terms of the Agreement of the 

Special Representatives on Future United States Financial Assistance for the Northern Mariana Islands approved by Public Law 

104–134: Provided further, That of the amounts provided for technical assistance, sufficient funds shall be made available for a 

grant to the Pacific Basin Development Council: Provided further, 

That of the amounts provided for technical assistance, sufficient 

funding shall be made available for a grant to the Close Up Foundation: Provided further, That the funds for the program of operations and maintenance improvement are appropriated to institutionalize routine operations and maintenance improvement of capital infrastructure with territorial participation and cost sharing to 

be determined by the Secretary based on the grantee’s commitment 

to timely maintenance of its capital assets: Provided further, That 

any appropriation for disaster assistance under this heading in this 

Act or previous appropriations Acts may be used as non-Federal 

matching funds for the purpose of hazard mitigation grants proVerDate Aug 04 2004 07:33 Dec 01, 2004 Jkt 096906 PO 00000 Frm 00257 Fmt 6659 Sfmt 6603 E:\HR\OC\HR792.XXX HR792
254 

vided pursuant to section 404 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170c). 

COMPACT OF FREE ASSOCIATION

For grants and necessary expenses, $5,499,000, as provided for 

in sections 221(a)(2), 221(b), and 233 of the Compact of Free Association for the Republic of Palau as authorized by Public Law 99– 

658; Public Law 108–188; and section 221(a)(2) of the Compacts of 

Free Association and their related agreements between the Government of the United States and the Government of the Republic of 

the Marshall Islands, and the Government of the United States of 

the Federated States of Micronesia, respectively, as amended. 

DEPARTMENTAL MANAGEMENT

SALARIES AND EXPENSES

(INCLUDING TRANSFER OF FUNDS)

For necessary expenses for management of the Department of 

the Interior, $90,855,000, of which not to exceed $8,500 may be for 

official reception and representation expenses, of which up to 

$1,000,000 shall be available for workers compensation payments 

and unemployment compensation payments associated with the orderly closure of the United States Bureau of Mines, and of which 

$14,250,000 shall remain available until expended for a departmental financial and business management system: Provided, That 

of the funds provided for a departmental financial and business 

management system, $13,500,000 shall be derived by transfer from 

unobligated balances in the ‘‘Central Hazardous Materials Fund’’: 

Provided further, That none of the funds in this or previous appropriations Acts may be used to establish any additional reserves in 

the Working Capital Fund account other than the two authorized 

reserves without prior approval of the House and Senate Committees on Appropriations: Provided further, That amounts otherwise 

appropriated by this Act for motor vehicle lease, purchase or service 

costs at the Department of the Interior are reduced by $3,000,000 

and, not later than 30 days after the date of the enactment of this 

Act, the Director of the Office of Management and Budget shall submit to the Committees on Appropriations of the House of Representatives and the Senate a listing of the amounts by account of the reductions made pursuant to this proviso. 

PAYMENTS IN LIEU OF TAXES

For expenses necessary to implement the Act of October 20, 

1976, as amended (31 U.S.C. 6901–6907), $230,000,000, of which 

not to exceed $400,000 shall be available for administrative expenses: Provided, That no payment shall be made to otherwise eligible units of local government if the computed amount of the payment is less than $100. 

OFFICE OF THE SOLICITOR

SALARIES AND EXPENSES

For necessary expenses of the Office of the Solicitor, 

$52,384,000. 

255 

OFFICE OF INSPECTOR GENERAL

SALARIES AND EXPENSES

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

OFFICE OF SPECIAL TRUSTEE FOR AMERICAN INDIANS

FEDERAL TRUST PROGRAMS

For the operation of trust programs for Indians by direct expenditure, contracts, cooperative agreements, compacts, and grants, 

$196,267,000, to remain available until expended, of which not to 

exceed $58,000,000 shall be available for historical accounting: Provided, That funds for trust management improvements and litigation support may, as needed, be transferred to or merged with the 

Bureau of Indian Affairs, ‘‘Operation of Indian Programs’’ account; 

the Office of the Solicitor, ‘‘Salaries and Expenses’’ account; and the 

Departmental Management, ‘‘Salaries and Expenses’’ account: Provided further, That funds made available to Tribes and Tribal organizations through contracts or grants obligated during fiscal year 

2005, as authorized by the Indian Self-Determination Act of 1975 

(25 U.S.C. 450 et seq.), shall remain available until expended by the 

contractor or grantee: Provided further, That notwithstanding any 

other provision of law, the statute of limitations shall not commence 

to run on any claim, including any claim in litigation pending on 

the date of the enactment of this Act, concerning losses to or mismanagement of trust funds, until the affected tribe or individual Indian has been furnished with an accounting of such funds from 

which the beneficiary can determine whether there has been a loss: 

Provided further, That notwithstanding any other provision of law, 

the Secretary shall not be required to provide a quarterly statement 

of performance for any Indian trust account that has not had activity for at least 18 months and has a balance of $1.00 or less: Provided further, That the Secretary shall issue an annual account 

statement and maintain a record of any such accounts and shall 

permit the balance in each such account to be withdrawn upon the 

express written request of the account holder: Provided further, That 

not to exceed $50,000 is available for the Secretary to make payments to correct administrative errors of either disbursements from 

or deposits to Individual Indian Money or Tribal accounts after 

September 30, 2002: Provided further, That erroneous payments 

that are recovered shall be credited to and remain available in this 

account for this purpose. 

INDIAN LAND CONSOLIDATION

For consolidation of fractional interests in Indian lands and expenses associated with redetermining and redistributing escheated 

interests in allotted lands, and for necessary expenses to carry out 

the Indian Land Consolidation Act of 1983, as amended, by direct 

expenditure or cooperative agreement, $35,000,000, to remain available until expended, and which may be transferred to the Bureau 

of Indian Affairs and Departmental Management accounts: Provided, That funds provided under this heading may be expended 

pursuant to the authorities contained in the provisos under the 

heading ‘‘Office of Special Trustee for American Indians, Indian 

256 

Land Consolidation’’ of the Interior and Related Agencies Appropriations Act, 2001 (Public Law 106–291). 

NATURAL RESOURCE DAMAGE ASSESSMENT AND RESTORATION

NATURAL RESOURCE DAMAGE ASSESSMENT FUND

To conduct natural resource damage assessment and restoration activities by the Department of the Interior necessary to carry 

out the provisions of the Comprehensive Environmental Response, 

Compensation, and Liability Act, as amended (42 U.S.C. 9601 et 

seq.), Federal Water Pollution Control Act, as amended (33 U.S.C. 

1251 et seq.), the Oil Pollution Act of 1990 (Public Law 101–380) 

(33 U.S.C. 2701 et seq.), and Public Law 101–337, as amended (16 

U.S.C. 19jj et seq.), $5,818,000, to remain available until expended. 

ADMINISTRATIVE PROVISIONS

There is hereby authorized for acquisition from available resources within the Working Capital Fund, 15 aircraft, 10 of which 

shall be for replacement and which may be obtained by donation, 

purchase or through available excess surplus property: Provided, 

That existing aircraft being replaced may be sold, with proceeds derived or trade-in value used to offset the purchase price for the replacement aircraft: Provided further, That no programs funded with 

appropriated funds in the ‘‘Departmental Management’’, ‘‘Office of 

the Solicitor’’, and ‘‘Office of Inspector General’’ may be augmented 

through the Working Capital Fund: Provided further, That the annual budget justification for Departmental Management shall describe estimated Working Capital Fund charges to bureaus and offices, including the methodology on which charges are based: Provided further, That departures from the Working Capital Fund estimates contained in the Departmental Management budget justification shall be presented to the Committees on Appropriations for approval: Provided further, That the Secretary shall provide a semiannual 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. 

257 

SEC. 102. The Secretary may authorize the expenditure or 

transfer of any no year appropriation in this title, in addition to the 

amounts included in the budget programs of the several agencies, 

for the suppression or emergency prevention of wildland fires on or 

threatening lands under the jurisdiction of the Department of the 

Interior; for the emergency rehabilitation of burned-over lands 

under its jurisdiction; for emergency actions related to potential or 

actual earthquakes, floods, volcanoes, storms, or other unavoidable 

causes; for contingency planning subsequent to actual oil spills; for 

response and natural resource damage assessment activities related 

to actual oil spills; for the prevention, suppression, and control of 

actual or potential grasshopper and Mormon cricket outbreaks on 

lands under the jurisdiction of the Secretary, pursuant to the authority in section 1773(b) of Public Law 99–198 (99 Stat. 1658); for 

emergency reclamation projects under section 410 of Public Law 95– 

87; and shall transfer, from any no year funds available to the Office of Surface Mining Reclamation and Enforcement, such funds as 

may be necessary to permit assumption of regulatory authority in 

the event a primacy State is not carrying out the regulatory provisions of the Surface Mining Act: Provided, That appropriations 

made in this title for wildland fire operations shall be available for 

the payment of obligations incurred during the preceding fiscal 

year, and for reimbursement to other Federal agencies for destruction of vehicles, aircraft, or other equipment in connection with their 

use for wildland fire operations, such reimbursement to be credited 

to appropriations currently available at the time of receipt thereof: 

Provided further, That for wildland fire operations, no funds shall 

be made available under this authority until the Secretary determines that funds appropriated for ‘‘wildland fire operations’’ shall 

be exhausted within 30 days: Provided further, That all funds used 

pursuant to this section are hereby designated as an emergency requirement pursuant to section 402 of S. Con. Res. 95 (108th Congress), as made applicable to the House of Representatives by H. 

Res. 649 (108th Congress) and applicable to the Senate by section 

14007 of Public Law 108–287, and must be replenished by a supplemental appropriation which must be requested as promptly as possible: Provided further, That such replenishment funds shall be 

used to reimburse, on a pro rata basis, accounts from which emergency funds were transferred. 

SEC. 103. Appropriations made to the Department of the Interior shall hereafter be available for operation of warehouses, garages, shops, and similar facilities, wherever consolidation of activities will contribute to efficiency or economy, and said appropriations 

shall be reimbursed for services rendered to any other activity in the 

same manner as authorized by sections 1535 and 1536 of title 31, 

United States Code: Provided, That reimbursements for costs and 

supplies, materials, equipment, and for services rendered may be 

credited to the appropriation current at the time such reimbursements are received. 

SEC. 104. Appropriations made to the Department of the Interior in this title shall be available for services as authorized by 5 

U.S.C. 3109, when authorized by the Secretary, in total amount not 

to exceed $500,000; hire, maintenance, and operation of aircraft; 

hire of passenger motor vehicles; purchase of reprints; payment for 

telephone service in private residences in the field, when authorized 

258 

under regulations approved by the Secretary; and the payment of 

dues, when authorized by the Secretary, for library membership in 

societies or associations which issue publications to members only 

or at a price to members lower than to subscribers who are not 

members. 

SEC. 105. Appropriations available to the Department of the Interior for salaries and expenses shall hereafter be available for uniforms or allowances therefor, as authorized by law (5 U.S.C. 5901– 

5902 and D.C. Code 4–204). 

SEC. 106. Annual appropriations made to the Department of the 

Interior shall hereafter be available for obligation in connection 

with contracts issued for services or rentals for periods not in excess 

of 12 months beginning at any time during the fiscal year. 

SEC. 107. No funds provided in this title may be expended by 

the Department of the Interior for the conduct of offshore preleasing, 

leasing and related activities placed under restriction in the President’s moratorium statement of June 12, 1998, in the areas of 

northern, central, and southern California; the North Atlantic; 

Washington and Oregon; and the eastern Gulf of Mexico south of 26 

degrees north latitude and east of 86 degrees west longitude. 

SEC. 108. No funds provided in this title may be expended by 

the Department of the Interior to conduct offshore oil and natural 

gas preleasing, leasing and related activities in the eastern Gulf of 

Mexico planning area for any lands located outside Sale 181, as 

identified in the final Outer Continental Shelf 5-Year Oil and Gas 

Leasing Program, 1997–2002. 

SEC. 109. No funds provided in this title may be expended by 

the Department of the Interior to conduct oil and natural gas 

preleasing, leasing and related activities in the Mid-Atlantic and 

South Atlantic planning areas. 

SEC. 110. Notwithstanding any other provisions of law, the National Park Service shall not develop or implement a reduced entrance fee program to accommodate non-local travel through a unit. 

The Secretary may provide for and regulate local non-recreational 

passage through units of the National Park System, allowing each 

unit to develop guidelines and permits for such activity appropriate 

to that unit. 

SEC. 111. Advance payments made by the Department of the Interior to Indian tribes, tribal organizations, and tribal consortia 

pursuant to the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450 et seq.) or the Tribally Controlled Schools 

Act of 1988 (25 U.S.C. 2501 et seq.) may hereafter be invested by 

the Indian tribe, tribal organization, or consortium before such 

funds are expended for the purposes of the grant, compact, or annual funding agreement so long as such funds are— 

(1) invested by the Indian tribe, tribal organization, or consortium only in obligations of the United States, or in obligations or securities that are guaranteed or insured by the United 

States, or mutual (or other) funds registered with the Securities 

and Exchange Commission and which only invest in obligations 

of the United States or securities that are guaranteed or insured 

by the United States; or 

(2) deposited only into accounts that are insured by an 

agency or instrumentality of the United States, or are fully 

259 

collateralized to ensure protection of the funds, even in the event 

of a bank failure. 

SEC. 112. Appropriations made in this Act under the headings 

Bureau of Indian Affairs and Office of Special Trustee for American 

Indians and any unobligated balances from prior appropriations 

Acts made under the same headings shall be available for expenditure or transfer for Indian trust management and reform activities, 

except that total funding for historical accounting activities shall 

not exceed amounts specifically designated in this Act for such purpose. 

SEC. 113. Notwithstanding any other provision of law, for the 

purpose of reducing the backlog of Indian probate cases in the Department of the Interior, the hearing requirements of chapter 10 of 

title 25, United States Code, are deemed satisfied by a proceeding 

conducted by an Indian probate judge, appointed by the Secretary 

without regard to the provisions of title 5, United States Code, governing the appointments in the competitive service, for such period 

of time as the Secretary determines necessary: Provided, That the 

basic pay of an Indian probate judge so appointed may be fixed by 

the Secretary without regard to the provisions of chapter 51, and 

subchapter III of chapter 53 of title 5, United States Code, governing the classification and pay of General Schedule employees, except that no such Indian probate judge may be paid at a level which 

exceeds the maximum rate payable for the highest grade of the General Schedule, including locality pay. 

SEC. 114. Notwithstanding any other provision of law, the Secretary of the Interior is authorized to redistribute any Tribal Priority Allocation funds, including tribal base funds, to alleviate tribal funding inequities by transferring funds to address identified, 

unmet needs, dual enrollment, overlapping service areas or inaccurate distribution methodologies. No tribe shall receive a reduction 

in Tribal Priority Allocation funds of more than 10 percent in fiscal 

year 2005. Under circumstances of dual enrollment, overlapping 

service areas or inaccurate distribution methodologies, the 10 percent limitation does not apply. 

SEC. 115. Funds appropriated for the Bureau of Indian Affairs 

for postsecondary schools for fiscal year 2005 shall be allocated 

among the schools proportionate to the unmet need of the schools as 

determined by the Postsecondary Funding Formula adopted by the 

Office of Indian Education Programs. 

SEC. 116. (a) The Secretary of the Interior shall hereafter take 

such action as may be necessary to ensure that the lands comprising 

the Huron Cemetery in Kansas City, Kansas (as described in section 

123 of Public Law 106–291) are used only in accordance with this 

section. 

(b) The lands of the Huron Cemetery shall be used only: (1) for 

religious and cultural uses that are compatible with the use of the 

lands as a cemetery; and (2) as a burial ground. 

SEC. 117. Notwithstanding any other provision of law, in conveying the Twin Cities Research Center under the authority provided by Public Law 104–134, as amended by Public Law 104–208, 

the Secretary may accept and retain land and other forms of reimbursement: Provided, That the Secretary may retain and use any 

such reimbursement until expended and without further appropriation: (1) for the benefit of the National Wildlife Refuge System withVerDate Aug 04 2004 07:33 Dec 01, 2004 Jkt 096906 PO 00000 Frm 00263 Fmt 6659 Sfmt 6603 E:\HR\OC\HR792.XXX HR792
260 

in the State of Minnesota; and (2) for all activities authorized by 

Public Law 100–696; 16 U.S.C. 460zz. 

SEC. 118. Notwithstanding 31 U.S.C. 3302(b), sums received by 

the Bureau of Land Management for the sale of seeds or seedlings, 

may hereafter be credited to the appropriation from which funds 

were expended to acquire or grow the seeds or seedlings and are 

available without fiscal year limitation. 

SEC. 119. The Secretary of the Interior may use or contract for 

the use of helicopters or motor vehicles on the Sheldon and Hart 

National Wildlife Refuges for the purpose of capturing and transporting horses and burros. The provisions of subsection (a) of the 

Act of September 8, 1959 (18 U.S.C. 47(a)) shall not be applicable 

to such use. Such use shall be in accordance with humane procedures prescribed by the Secretary. 

SEC. 120. (a) LIMITATION ON INCREASES IN CLAIMS MAINTENANCE AND LOCATION FEES.—The fees established in 30 U.S.C. 28f 

and 28g shall be equal to the fees in effect immediately prior to the 

rule of July 1, 2004 (69 Fed. Reg. 40,294) until the Department of 

the Interior has complied with the obligations established in subsections (b) and (c). 

(b) ESTABLISHMENT OF PERMIT TRACKING SYSTEM.—The Department of the Interior shall establish a nationwide tracking system to determine and address the length of time from submission 

of a plan of operations to mine on public lands to final approval 

of such submission. 

(c) REPORT.—Within one year of enactment, the Department 

shall file a detailed report with the House and Senate Committees 

on Appropriations and the Committee on Resources of the House of 

Representatives and the Committee on Energy and Natural Resources of the Senate providing detailed information on the length 

of time it takes the Department to approve proposed mining plans 

of operations and recommending steps to reduce current delays. 

SEC. 121. Funds provided in this Act for Federal land acquisition by the National Park Service for Shenandoah Valley Battlefields National Historic District and Ice Age National Scenic Trail 

may be used for a grant to a State, a local government, or any other 

land management entity for the acquisition of lands without regard 

to any restriction on the use of Federal land acquisition funds provided through the Land and Water Conservation Fund Act of 1965 

as amended. 

SEC. 122. None of the funds made available by this Act may be 

obligated or expended by the National Park Service to enter into or 

implement a concession contract which permits or requires the removal of the underground lunchroom at the Carlsbad Caverns National Park. 

SEC. 123. None of the funds made available in this Act may be 

used: (1) to demolish the bridge between Jersey City, New Jersey, 

and Ellis Island; or (2) to prevent pedestrian use of such bridge, 

when such pedestrian use is consistent with generally accepted safety standards. 

SEC. 124. None of the funds in this or any other Act can be used 

to compensate the Special Master and the Special Master-Monitor, 

and all variations thereto, appointed by the United States District 

Court for the District of Columbia in the Cobell v. Norton litigation 

at an annual rate that exceeds 200 percent of the highest Senior ExVerDate Aug 04 2004 07:33 Dec 01, 2004 Jkt 096906 PO 00000 Frm 00264 Fmt 6659 Sfmt 6603 E:\HR\OC\HR792.XXX HR792
261 

ecutive Service rate of pay for the Washington-Baltimore locality 

pay area. 

SEC. 125. The Secretary of the Interior may use discretionary 

funds to pay private attorneys fees and costs for employees and 

former employees of the Department of the Interior reasonably incurred in connection with Cobell v. Norton to the extent that such 

fees and costs are not paid by the Department of Justice or by private insurance. In no case shall the Secretary make payments under 

this section that would result in payment of hourly fees in excess of 

the highest hourly rate approved by the District Court for the District of Columbia for counsel in Cobell v. Norton. 

SEC. 126. The United States Fish and Wildlife Service shall, in 

carrying out its responsibilities to protect threatened and endangered species of salmon, implement a system of mass marking of 

salmonid stocks, intended for harvest, that are released from Federally operated or Federally financed hatcheries including but not 

limited to fish releases of coho, chinook, and steelhead species. 

Marked fish must have a visible mark that can be readily identified 

by commercial and recreational fishers. 

SEC. 127. Such sums as may be necessary from ‘‘Departmental 

Management, Salaries and Expenses’’, may be transferred to 

‘‘United States Fish and Wildlife Service, Resource Management’’ 

for operational needs at the Midway Atoll National Wildlife Refuge 

airport. 

SEC. 128. (a) IN GENERAL.—Nothing in section 134 of the Department of the Interior and Related Agencies Appropriations Act, 

2002 (115 Stat. 443) affects the decision of the United States Court 

of Appeals for the 10th Circuit in Sac and Fox Nation v. Norton, 

240 F.3d 1250 (2001). 

(b) USE OF CERTAIN INDIAN LAND.—Nothing in this section permits the conduct of gaming under the Indian Gaming Regulatory 

Act (25 U.S.C. 2701 et seq.) on land described in section 123 of the 

Department of the Interior and Related Agencies Appropriations 

Act, 2001 (114 Stat. 944), or land that is contiguous to that land, 

regardless of whether the land or contiguous land has been taken 

into trust by the Secretary of the Interior. 

SEC. 129. No funds appropriated for the Department of the Interior by this Act or any other Act shall be used to study or implement 

any plan to drain Lake Powell or to reduce the water level of the 

lake below the range of water levels required for the operation of the 

Glen Canyon Dam. 

SEC. 130. Notwithstanding the limitation in subparagraph 

(2)(B) of section 18(a) of the Indian Gaming Regulatory Act (25 

U.S.C. 2717(a)), the total amount of all fees imposed by the National Indian Gaming Commission for fiscal year 2006 shall not exceed $12,000,000. 

SEC. 131. Notwithstanding any implementation of the Department of the Interior’s trust reorganization or reengineering plans, or 

the implementation of the ‘‘To Be’’ Model, funds appropriated for fiscal year 2005 shall be available to the tribes within the California 

Tribal Trust Reform Consortium and to the Salt River Pima-Maricopa Indian Community, the Confederated Salish and Kootenai 

Tribes of the Flathead Reservation and the Chippewa Cree Tribe of 

the Rocky Boys Reservation through the same methodology as funds 

were distributed in fiscal year 2003. This Demonstration Project 

262 

shall continue to operate separate and apart from the Department 

of the Interior’s trust reform and reorganization and the Department shall not impose its trust management infrastructure upon or 

alter the existing trust resource management systems of the above 

referenced tribes having a self-governance compact and operating in 

accordance with the Tribal Self-Governance Program set forth in 25 

U.S.C. Sections 458aa–458hh: Provided, That the California Trust 

Reform Consortium and any other participating tribe agree to carry 

out their responsibilities under the same written and implemented 

fiduciary standards as those being carried by the Secretary of the 

Interior: Provided further, That they demonstrate to the satisfaction 

of the Secretary that they have the capability to do so: Provided further, That the Department shall provide funds to the tribes in an 

amount equal to that required by 25 U.S.C. Section 458cc(g)(3), including funds specifically or functionally related to the provision of 

trust services to the tribes or their members. 

SEC. 132. Notwithstanding any provision of law, including 42 

U.S.C. 4321 et. seq., nonrenewable grazing permits authorized in 

the Jarbidge Field Office, Bureau of Land Management within the 

past 8 years, shall be renewed. The Animal Unit Months contained 

in the most recently expired nonrenewable grazing permit, authorized between March 1, 1997, and February 28, 2003, shall continue 

in effect under the renewed permit. Nothing in this section shall be 

deemed to extend the nonrenewable permits beyond the standard 1- 

year term. 

SEC. 133. Pursuant to section 10101f(d)(3) of the Omnibus 

Budget Reconciliation Act of 1993 (30 U.S.C. 28f(d)(3)), the following claims shall be given notice of defect and the opportunity to 

cure: AKFF061472, AKFF085155–AKFF085156, AKFF061632– 

AKFF061633, AKFF061636–AKFF061637, and AKFF084718. 

SEC. 134. Section 702(b)(2) of Public Law 107–282 (116 Stat. 

2013) is amended by striking ‘‘that if the land’’ and all that follows 

through ‘‘conveyed by the Foundation.’’ and inserting the following: 

‘‘that provides that (except in a case in which the proceeds of a lease 

are provided to the Foundation to carry out the purposes for which 

the Foundation was established), if the land described in paragraph 

(3) is sold, leased, or otherwise conveyed by the Foundation—’’. 

SEC. 135. AMENDMENT OF THE SURFACE MINING CONTROL AND

RECLAMATION ACT OF 1977. (a) Section 402(b) of the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 1232(b)) is 

amended by striking ‘‘September 30, 2004’’ and inserting ‘‘June 30, 

2005’’. 

(b) Section 125 of Public Law 108–309 is hereby repealed. 

SEC. 136. Notwithstanding any other provision of law, the Secretary of the Interior is authorized to acquire lands, waters, or interests therein including the use of all or part of any pier, dock, or 

landing within the State of New York and the State of New Jersey, 

for the purpose of operating and maintaining facilities in the support of transportation and accommodation of visitors to Ellis, Governors, and Liberty Islands, and of other program and administrative activities, by donation or with appropriated funds, including 

franchise fees (and other monetary consideration), or by exchange; 

and the Secretary is authorized to negotiate and enter into leases, 

subleases, concession contracts or other agreements for the use of 

263 

such facilities on such terms and conditions as the Secretary may 

determine reasonable. 

SEC. 137. ERNEST F. HOLLINGS ACE BASIN NATIONAL WILD- LIFE REFUGE. (a) REDESIGNATION.—The ACE Basin National Wildlife Refuge in the State of South Carolina shall be known and designated as the ‘‘Ernest F. Hollings ACE Basin National Wildlife 

Refuge’’. 

(b) REFERENCES.—Any reference in a law, map, regulation, document, paper, or other record of the United States to the refuge referred to in subsection (a) shall be deemed to be a reference to the 

Ernest F. Hollings ACE Basin National Wildlife Refuge. 

SEC. 138. FINANCIAL ASSISTANCE; FLOOD INSURANCE. The limitations on Federal expenditures or financial assistance in section 5 

of the Coastal Barrier Resources Act (16 U.S.C. 3504) and the limitations on flood insurance coverage in section 1321(a) of the National Flood Insurance Act of 1968 (42 U.S.C. 4028(a)) shall not 

apply to lots 15, 16, 25, and 29 within the Jeremy Cay Subdivision 

on Edisto Island, South Carolina, depicted on the reference map entitled ‘‘John H. Chafee Coastal Barrier Resources System Edisto 

Complex M09/M09P’’ dated January 24, 2003. 

SEC. 139. (a) There is hereby released, without consideration, 

all right, title, and interest of the United States in and to the surface portion of that portion of the existing building located at 615 

North Burnett Road in Tipton, California, which encroaches upon 

land that, subject to a reversionary interest, was conveyed by the 

United States pursuant to the Act of July 27, 1866 (14 Stat. 292). 

The United States retains any subsurface mineral rights held by the 

United States as of the date of the enactment of this Act associated 

with that property. The Secretary of the Interior shall execute and 

file in the appropriate office a deed of release, amended deed, or 

other appropriate instrument effectuating the release of interests 

made by this subsection. 

(b) Section 314 of the National Parks and Recreation Act of 

1978 (Public Law 95–625; 92 Stat. 3480) is amended— 

(1) in subsection (c)(2), by striking ‘‘Such rights of use and 

occupancy shall be for not more than twenty-five years or for a 

term ending at the death of the owner or his or her spouse, 

whichever is later.’’; and 

(2) in subsection (d)(2)(B), by inserting ‘‘and to their heirs, 

successors, and assigns’’ after ‘‘those persons who were lessees 

or permittees of record on the date of enactment of this Act’’. 

(c)(1) The first section of Public Law 99–338 is amended by 

striking ‘‘one renewal’’ and inserting ‘‘3 renewals’’. 

(2) Section 3 of Public Law 99–338 is amended to read as follows: 

‘‘SEC. 3. The permit shall contain the following provisions: 

‘‘(1) A prohibition on expansion of the Kaweah Project in 

Sequoia National Park. 

‘‘(2) A requirement that an independent safety assessment 

of the Kaweah Project be conducted, and that any deficiencies 

identified as a result of the assessment would be corrected. 

‘‘(3) A requirement that the Secretary prepare and submit 

to Congress an update of the July 1983 report on the impact of 

the operations of the Kaweah No. 3 facility on Sequoia National 

Park. 

264 

‘‘(4) A requirement that the permittee pay the park compensation as determined by the Secretary in consultation with 

the permittee. 

‘‘(5) Any other reasonable terms and conditions that the 

Secretary of the Interior deems necessary and proper for the 

management and care of Sequoia National Park and the purposes for which it was established.’’. 

(3) Public Law 99–338 is further amended by adding at the end 

the following new section: 

‘‘SEC. 4. The proceeds from any fees imposed pursuant to a permit issued under this Act shall be retained by Sequoia National 

Park and Kings Canyon National Park and shall be available, 

without further appropriation, for resources protection, maintenance, and other park operational needs.’’. 

SEC. 140. (a) SHORT TITLE. This section may be cited as the 

‘‘Gaylord A. Nelson Apostle Islands National Lakeshore Wilderness 

Act’’. 

(b) DEFINITIONS.—In this section: 

(1) MAP.—The term ‘‘map’’ means the map entitled ‘‘Apostle 

Islands Lakeshore Wilderness’’, numbered 633/80,058 and 

dated September 17, 2004. 

(2) SECRETARY.—The term ‘‘Secretary’’ means the Secretary 

of the Interior. 

(3) HIGH-WATER MARK.—The term ‘‘high-water mark’’ 

means the point on the bank or shore up to which the water, 

by its presence and action or flow, leaves a distinct mark indicated by erosion, destruction of or change in vegetation or other 

easily recognizable characteristic. 

(c) DESIGNATION OF APOSTLE ISLANDS NATIONAL LAKESHORE

WILDERNESS.— 

(1) DESIGNATION.—Certain lands comprising approximately 

33,500 acres within the Apostle Islands National Lakeshore, as 

generally depicted on the map referred to in subsection (b), are 

hereby designated as wilderness in accordance with section 3(c) 

of the Wilderness Act (16 U.S.C. 1132), and therefore as components of the National Wilderness Preservation System. 

(2) MAP AND DESCRIPTION.— (A) The map referred to in subsection (b) shall be on 

file and available for public inspection in the appropriate 

offices of the National Park Service. 

(B) As soon as practical after enactment of this section, 

the Secretary shall submit a description of the boundary of 

the wilderness areas to the Committee on Energy and Natural Resources of the Senate and the Committee on Resources of the United States House of Representatives. 

(C) The map and description shall have the same force 

and effect as if included in this section, except that the Secretary may correct clerical and typographical errors in the 

description and maps. 

(3) BOUNDARY OF THE WILDERNESS.—Any portion of wilderness designated in paragraph (c)(1) that is bordered by Lake 

Superior shall use as its boundary the high-water mark. 

(4) NAMING.—The wilderness area designated by this section shall be known as the Gaylord A. Nelson National Wilderness. 

265 

(d) ADMINISTRATION.— 

(1) MANAGEMENT.—Subject to valid existing rights, the 

lands designated as wilderness by this section shall be administered by the Secretary in accordance with the applicable provisions of the Wilderness Act (16 U.S.C. 1131), except that— 

(A) any reference in that Act to the effective date shall 

be considered to be a reference to the date of enactment of 

this section; and 

(B) where appropriate, any reference to the Secretary of 

Agriculture shall be considered to be a reference to the Secretary on the Interior with respect to lands administered by 

the Secretary. 

(2) SAVINGS PROVISIONS.—Nothing in this section shall— 

(A) modify, alter, or in any way affect any treaty rights; 

(B) alter the management of the waters of Lake Superior within the boundary of the Apostle Islands National 

Lakeshore in existence on the date of enactment of this section; or 

(C) be construed to modify, limit, or in any way affect 

the use of motors on the lake waters, including snowmobiles and the beaching of motorboats adjacent to wilderness 

areas below the high water mark, and the maintenance and 

expansion of any docks existing at the time of the enactment of this section. 

SEC. 141. Upon the request of the permittee for the Clark Mountain Allotment lands adjacent to the Mojave National Preserve, the 

Secretary shall also issue a special use permit for that portion of the 

grazing allotment located within the Preserve. The special use permit shall be issued with the same terms and conditions as the most 

recently-issued permit for that allotment and the Secretary shall 

consider the permit to be one transferred in accordance with section 

325 of Public Law 108–108. 

SEC. 142. SALE OF WILD FREE-ROAMING HORSES AND BURROS. 

(a) IN GENERAL.—Section 3 of Public Law 92–195 (16 U.S.C. 1333) 

is amended— 

(1) in subsection (d)(5), by striking ‘‘this section’’ and all 

that follows through the period at the end and inserting ‘‘this 

section.’’; and 

(2) by adding at the end the following: 

‘‘(e) SALE OF EXCESS ANIMALS.— 

‘‘(1) IN GENERAL.—Any excess animal or the remains of an 

excess animal shall be sold if— 

‘‘(A) the excess animal is more than 10 years of age; or 

‘‘(B) the excess animal has been offered unsuccessfully 

for adoption at least 3 times. 

‘‘(2) METHOD OF SALE.—An excess animal that meets either 

of the criteria in paragraph (1) shall be made available for sale 

without limitation, including through auction to the highest 

bidder, at local sale yards or other convenient livestock selling 

facilities, until such time as— 

‘‘(A) all excess animals offered for sale are sold; or 

‘‘(B) the appropriate management level, as determined 

by the Secretary, is attained in all areas occupied by wild 

free-roaming horses and burros. 

266 

‘‘(3) DISPOSITION OF FUNDS.—Funds generated from the 

sale of excess animals under this subsection shall be— 

‘‘(A) credited as an offsetting collection to the Management of Lands and Resources appropriation for the Bureau 

of Land Management; and 

‘‘(B) used for the costs relating to the adoption of wild 

free-roaming horses and burros, including the costs of marketing such adoption. 

‘‘(4) EFFECT OF SALE.—Any excess animal sold under this 

provision shall no longer be considered to be a wild free-roaming horse or burro for purposes of this Act.’’. 

(b) CRIMINAL PROVISIONS.—Section 8(a)(4) of Public Law 92– 

195 (16 U.S.C. 1338(a)(4)) is amended by inserting ‘‘except as provided in section 3(e),’’ before ‘‘processes’’. 

SEC. 143. (a) SHORT TITLE.—This section may be cited as the 

‘‘Migratory Bird Treaty Reform Act of 2004’’. 

(b) EXCLUSION OF NON-NATIVE SPECIES FROM APPLICATION OF

CERTAIN PROHIBITIONS UNDER MIGRATORY BIRD TREATY ACT.— 

Section 2 of the Migratory Bird Treaty Act (16 U.S.C. 703) is 

amended— 

(1) in the first sentence by striking ‘‘That unless and except 

as permitted’’ and inserting the following: ‘‘(a) IN GENERAL.— 

Unless and except as permitted’’; and 

(2) by adding at the end the following: 

‘‘(b) LIMITATION ON APPLICATION TO INTRODUCED SPECIES.— 

‘‘(1) IN GENERAL.—This Act applies only to migratory bird 

species that are native to the United States or its territories. 

‘‘(2) NATIVE TO THE UNITED STATES DEFINED.— 

‘‘(A) IN GENERAL.—Subject to subparagraph (B), in this 

subsection the term ‘‘native to the United States or its territories’’ means occurring in the United States or its territories as the result of natural biological or ecological processes. 

‘‘(B) TREATMENT OF INTRODUCED SPECIES.—For purposes of paragraph (1), a migratory bird species that occurs 

in the United States or its territories solely as a result of 

intentional or unintentional human-assisted introduction 

shall not be considered native to the United States or it territories unless— 

‘‘(i) it was native to the United States or its territories and extant in 1918; 

‘‘(ii) it was extirpated after 1918 throughout its 

range in the United States and its territories; and 

‘‘(iii) after such extirpation, it was reintroduced in 

the United States or its territories as a part of a program carried out by a Federal agency.’’. 

(c) PUBLICATION OF LIST.— 

(1) IN GENERAL.—Not later than 90 days after the date of 

enactment of this section, the Secretary of the Interior shall 

publish in the Federal Register a list of all nonnative, 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. 

267 

(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 AD- JUSTMENT. (a) IN GENERAL.—Public Law 97–250 (96 Stat. 709) is 

amended by striking section 2 and inserting the following: 

‘‘SEC. 2. CUMBERLAND ISLAND WILDERNESS. 

‘‘(a) DEFINITIONS.—In this section: 

‘‘(1) MAP.—The term ‘map’ means the map entitled ‘Cumberland Island Wilderness’, numbered 640/20,038I, and dated 

September 2004. 

‘‘(2) SECRETARY.—The term ‘Secretary’ means the Secretary 

of the Interior. 

‘‘(3) WILDERNESS.—The term ‘Wilderness’ means the Cumberland Island Wilderness established by subsection (b). 

‘‘(4) POTENTIAL WILDERNESS.—The term ‘Potential Wilderness’ means the 10,500 acres of potential wilderness described 

in subsection (c)(2), but does not include the area at the north 

end of Cumberland Island known as the ‘High Point Half-Moon 

Bluff Historic District’. 

‘‘(b) ESTABLISHMENT.— 

‘‘(1) IN GENERAL.—Approximately 9,886 acres of land in the 

Cumberland Island National Seashore depicted on the map as 

‘Wilderness’ is designated as a component of the National Wilderness Preservation System and shall be known as the ‘Cumberland Island Wilderness’. 

‘‘(2) EXCLUSIONS.—The 25-foot wide roadways depicted on 

the map as the ‘Main Road’, ‘Plum Orchard’, and the ‘North 

Cut Road’ shall not be included in the Wilderness and shall be 

maintained by the Secretary for continued vehicle use. 

268 

‘‘(c) ADDITIONAL LAND.—In addition to the land designated 

under subsection (b), the Secretary shall— 

‘‘(1) on acquisition of the approximately 231 acres of land 

identified on the map as ‘Areas Become Designated Wilderness 

upon Acquisition by the NPS’; and 

‘‘(2) on publication in the Federal Register of a notice that 

all uses of the approximately 10,500 acres of land depicted on 

the map as ‘Potential Wilderness’ that are prohibited under the 

Wilderness Act (16 U.S.C. 1131 et seq.) have ceased, adjust the 

boundary of the Wilderness to include the land. 

‘‘(d) AVAILABILITY OF MAP.—The map shall be on file and available for public inspection in the appropriate offices of the National 

Park Service. 

‘‘(e) ADMINISTRATION.—Subject to valid existing rights, the Wilderness shall be administered by the Secretary, in accordance with 

the applicable provisions of the Wilderness Act (16 U.S.C. 1131 et 

seq.) governing areas designated by that Act as wilderness areas, except that— 

‘‘(1) any reference in such provisions to the effective date of 

that Act shall be deemed to be a reference to the effective date 

of this Act; and 

‘‘(2) where appropriate, any reference in that Act to the Secretary of Agriculture shall be deemed to be a reference to the 

Secretary. 

‘‘(f) EFFECT.—Any person with a right to utility service on Cumberland Island on the date of enactment of this subsection shall continue to have the right to utility service in the Wilderness after the 

date of enactment of this subsection. 

‘‘(g) MANAGEMENT PLAN FOR ACCESS TO MAIN ROAD AND

NORTH CUT ROAD.—Not later than one year after the date of the enactment of the Cumberland Island Wilderness Boundary Adjustment Act of 2004, the Secretary shall complete a management plan 

to ensure that not more than 8 and not less than 5 round trips are 

made available daily on the Main Road north of the Plum Orchard 

Spur and the North Cut Road by the National Park Service or a 

concessionaire for the purpose of transporting visitors to and from 

the historic sites located adjacent to Wilderness.’’. 

(b) TOURS OF CUMBERLAND ISLAND NATIONAL SEASHORE.—Section 6 of Public Law 92–536 (86 Stat. 1066) is amended— 

(1) in subsection (b), by inserting ‘‘, except as provided in 

subsection (c),’’ before ‘‘no development of the project’’; and 

(2) by adding at the end the following: 

‘‘(c) TOURS OF THE SEASHORE.—Notwithstanding subsection (b), 

the Secretary may enter into not more than 3 concession contracts, 

as the Secretary determines appropriate, for the provision of tours 

for visitors to the seashore that are consistent with— 

‘‘(1) this Act; 

‘‘(2) the Wilderness Act (16 U.S.C. 1131 et seq.); and 

‘‘(3) Public Law 97–250 (96 Stat. 709).’’. 

(c) SHORT TITLE.—This section may be cited as the ‘‘Cumberland Island Wilderness Boundary Adjustment Act of 2004’’. 

SEC. 146. Notwithstanding any other provision of law, the National Park Service final winter use rules published in Part VII of 

the Federal Register for November 10, 2004, 69 Fed. Reg. 65348, et 

269 

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 au- thorized by law, $280,278,000, to remain available until expended: 

Provided, That of the funds provided, $56,714,000 is for the forest 

inventory and analysis program. 

STATE AND PRIVATE FORESTRY

For necessary expenses of cooperating with and providing technical and financial assistance to States, territories, possessions, and 

others, and for forest health management, including treatments of 

pests, pathogens, and invasive or noxious plants and for restoring 

and rehabilitating forests damaged by pests or invasive plants, cooperative forestry, and education and land conservation activities 

and conducting an international program as authorized, 

$296,626,000, to remain available until expended, as authorized by 

law of which $57,939,000 is to be derived from the Land and Water 

Conservation Fund: Provided, That none of the funds provided 

under this heading for the acquisition of lands or interests in lands 

shall be available until the Forest Service notifies the House Committee on Appropriations and the Senate Committee on Appropriations, in writing, of specific contractual and grant details including 

the non-Federal cost share: Provided further, That notwithstanding 

any other provision of law, of the funds provided under this heading, $2,000,000 shall be made available to Kake Tribal Corporation 

as an advance direct lump sum payment to implement the Kake 

Tribal Corporation Land Transfer Act (Public Law 106–283), and 

$1,500,000 shall be made available to Canton, NC, as an advance 

direct lump sum payment for wood products waste water treatment 

repairs. 

NATIONAL FOREST SYSTEM

For necessary expenses of the Forest Service, not otherwise provided for, for management, protection, improvement, and utilization 

of the National Forest System, $1,400,260,000, to remain available 

until expended, which shall include 50 percent of all moneys received during prior fiscal years as fees collected under the Land and 

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 

270 

boundaries of such lands: Provided further, That of the funds provided under this heading for Forest Products, $5,000,000 shall be 

allocated to the Alaska Region, in addition to its normal allocation 

for the purposes of preparing additional timber for sale, to establish 

a 3-year timber supply and such funds may be transferred to other 

appropriations accounts as necessary to maximize accomplishment: 

Provided further, That within funds available for the purpose of implementing the Valles Caldera Preservation Act, notwithstanding 

the limitations of section 107(e)(2) of the Valles Caldera Preservation Act (Public Law 106–248), for fiscal year 2005, the Chair of the 

Board of Trustees of the Valles Caldera Trust may receive, upon request, compensation for each day (including travel time) that the 

Chair is engaged in the performance of the functions of the Board, 

except that compensation shall not exceed the daily equivalent of the 

annual rate in effect for members of the Senior Executive Service at 

the ES–1 level, and shall be in addition to any reimbursement for 

travel, subsistence and other necessary expenses incurred by the 

Chair in the performance of the Chair’s duties. 

WILDLAND FIRE MANAGEMENT

For necessary expenses for forest fire presuppression activities 

on National Forest System lands, for emergency fire suppression on 

or adjacent to such lands or other lands under fire protection agreement, hazardous fuels reduction on or adjacent to such lands, and 

for emergency rehabilitation of burned-over National Forest System 

lands and water, $1,727,008,000, to remain available until expended: Provided, That such funds including unobligated balances 

under this heading, are available for repayment of advances from 

other appropriations accounts previously transferred for such purposes: Provided further, That such funds shall be available to reimburse State and other cooperating entities for services provided in 

response to wildfire and other emergencies or disasters to the extent 

such reimbursements by the Forest Service for non-fire emergencies 

are fully repaid by the responsible emergency management agency: 

Provided further, That not less than 50 percent of any unobligated 

balances remaining (exclusive of amounts for hazardous fuels reduction) at the end of fiscal year 2004 shall be transferred, as repayment for past advances that have not been repaid, to the fund established pursuant to section 3 of Public Law 71–319 (16 U.S.C. 576 

et seq.): Provided further, That notwithstanding any other provision 

of law, $8,000,000 of funds appropriated under this appropriation 

shall be used for Fire Science Research in support of the Joint Fire 

Science Program: Provided further, That all authorities for the use 

of funds, including the use of contracts, grants, and cooperative 

agreements, available to execute the Forest and Rangeland Research 

appropriation, are also available in the utilization of these funds for 

Fire Science Research: Provided further, That funds provided shall 

be available for emergency rehabilitation and restoration, hazardous fuels reduction activities in the urban-wildland interface, 

support to Federal emergency response, and wildfire suppression activities of the Forest Service: Provided further, That of the funds 

provided, $266,238,000 is for hazardous fuels reduction activities, 

$13,000,000 is for rehabilitation and restoration, $22,025,000 is for 

research activities and to make competitive research grants pursuant to the Forest and Rangeland Renewable Resources Research 

271 

Act, as amended (16 U.S.C. 1641 et seq.), $40,745,000 is for State 

fire assistance, $8,000,000 is for volunteer fire assistance, 

$15,000,000 is for forest health activities on Federal lands and 

$10,000,000 is for forest health activities on State and private 

lands: Provided further, That amounts in this paragraph may be 

transferred to the ‘‘State and Private Forestry’’, ‘‘National Forest 

System’’, and ‘‘Forest and Rangeland Research’’ accounts to fund 

State fire assistance, volunteer fire assistance, forest health management, forest and rangeland research, vegetation and watershed 

management, heritage site rehabilitation, and wildlife and fish 

habitat management and restoration: Provided further, That transfers of any amounts in excess of those authorized in this paragraph, 

shall require approval of the House and Senate Committees on Appropriations in compliance with reprogramming procedures contained in House Report 108–330: Provided further, That the costs of 

implementing any cooperative agreement between the Federal Government and any non-Federal entity may be shared, as mutually 

agreed on by the affected parties: Provided further, That in addition 

to funds provided for State Fire Assistance programs, and subject 

to all authorities available to the Forest Service under the State and 

Private Forestry Appropriations, up to $15,000,000 may be used on 

adjacent non-Federal lands for the purpose of protecting communities when hazard reduction activities are planned on national forest lands that have the potential to place such communities at risk: 

Provided further, That included in funding for hazardous fuel reduction is $5,000,000 for implementing the Community Forest Restoration Act, Public Law 106–393, title VI, and any portion of such 

funds shall be available for use on non-Federal lands in accordance 

with authorities available to the Forest Service under the State and 

Private Forestry Appropriation: Provided further, That the Secretary of the Interior and the Secretary of Agriculture may authorize 

the transfer of funds appropriated for wildland fire management, in 

an aggregate amount not to exceed $12,000,000, between the Departments when such transfers would facilitate and expedite jointly 

funded wildland fire management programs and projects: Provided 

further, That of the funds provided for hazardous fuels reduction, 

not to exceed $5,000,000, may be used to make grants, using any 

authorities available to the Forest Service under the State and Private Forestry appropriation, for the purpose of creating incentives 

for increased use of biomass from national forest lands. 

CAPITAL IMPROVEMENT AND MAINTENANCE

For necessary expenses of the Forest Service, not otherwise provided for, $521,952,000, to remain available until expended for construction, reconstruction, maintenance and acquisition of buildings 

and other facilities, and for construction, reconstruction, repair, decommissioning, and maintenance of forest roads and trails by the 

Forest Service as authorized by 16 U.S.C. 532–538 and 23 U.S.C. 

101 and 205: Provided, That up to $15,000,000 of the funds provided herein for road maintenance shall be available for the decommissioning of roads, including unauthorized roads not part of the 

transportation system, which are no longer needed: Provided further, That no funds shall be expended to decommission any system 

road until notice and an opportunity for public comment has been 

provided on each decommissioning project: Provided further, That 

272 

subject to all the authorities available to the Forest Service under 

the State and Private Forestry appropriation, up to $1,000,000 may 

be used on non-federal lands adjacent to the Chugach National Forest for the purpose of expanding recreational opportunities. 

LAND ACQUISITION

For expenses necessary to carry out the provisions of the Land 

and Water Conservation Fund Act of 1965, as amended (16 U.S.C. 

460l–4 through 11), including administrative expenses, and for acquisition of land or waters, or interest therein, in accordance with 

statutory authority applicable to the Forest Service, $61,866,000, to 

be derived from the Land and Water Conservation Fund and to remain available until expended. 

ACQUISITION OF LANDS FOR NATIONAL FORESTS SPECIAL ACTS

For acquisition of lands within the exterior boundaries of the 

Cache, Uinta, and Wasatch National Forests, Utah; the Toiyabe National Forest, Nevada; and the Angeles, San Bernardino, Sequoia, 

and Cleveland National Forests, California, as authorized by law, 

$1,069,000, to be derived from forest receipts. 

ACQUISITION OF LANDS TO COMPLETE LAND EXCHANGES

For acquisition of lands, such sums, to be derived from funds 

deposited by State, county, or municipal governments, public school 

districts, or other public school authorities, and for authorized expenditures from funds deposited by non-Federal parties pursuant to 

Land Sale and Exchange Acts, pursuant to the Act of December 4, 

1967, as amended (16 U.S.C. 484a), to remain available until expended. 

RANGE BETTERMENT FUND

For necessary expenses of range rehabilitation, protection, and 

improvement, 50 percent of all moneys received during the prior fiscal year, as fees for grazing domestic livestock on lands in National 

Forests in the 16 Western States, pursuant to section 401(b)(1) of 

Public Law 94–579, as amended, to remain available until expended, of which not to exceed 6 percent shall be available for administrative expenses associated with on-the-ground range rehabilitation, protection, and improvements. 

GIFTS, DONATIONS AND BEQUESTS FOR FOREST AND RANGELAND

RESEARCH

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

MANAGEMENT OF NATIONAL FOREST LANDS FOR SUBSISTENCE USES

For necessary expenses of the Forest Service to manage Federal 

lands in Alaska for subsistence uses under title VIII of the Alaska 

National Interest Lands Conservation Act (Public Law 96–487), 

$5,962,000, to remain available until expended. 

273 

ADMINISTRATIVE PROVISIONS, FOREST SERVICE

Appropriations to the Forest Service for the current fiscal year 

shall be available for: (1) purchase of not to exceed 124 passenger 

motor vehicles of which 21 will be used primarily for law enforcement purposes and of which 124 shall be for replacement; acquisition of 25 passenger motor vehicles from excess sources, and hire of 

such vehicles; purchase, lease, operation, maintenance, and acquisition of aircraft from excess sources to maintain the operable fleet at 

195 aircraft for use in Forest Service wildland fire programs and 

other Forest Service programs; notwithstanding other provisions of 

law, existing aircraft being replaced may be sold, with proceeds derived or trade-in value used to offset the purchase price for the replacement aircraft; (2) services pursuant to 7 U.S.C. 2225, and not 

to exceed $100,000 for employment under 5 U.S.C. 3109; (3) purchase, erection, and alteration of buildings and other public improvements (7 U.S.C. 2250); (4) acquisition of land, waters, and interests therein pursuant to 7 U.S.C. 428a; (5) for expenses pursuant 

to the Volunteers in the National Forest Act of 1972 (16 U.S.C. 

558a, 558d, and 558a note); (6) the cost of uniforms as authorized 

by 5 U.S.C. 5901–5902; and (7) for debt collection contracts in accordance with 31 U.S.C. 3718(c). 

None of the funds made available under this Act shall be obligated or expended to abolish any region, to move or close any regional office for National Forest System administration of the Forest Service, Department of Agriculture without the consent of the 

House and Senate Committees on Appropriations. 

Any appropriations or funds available to the Forest Service may 

be transferred to the Wildland Fire Management appropriation for 

forest firefighting, emergency rehabilitation of burned-over or damaged lands or waters under its jurisdiction, and fire preparedness 

due to severe burning conditions upon notification of the House and 

Senate Committees on Appropriations and if and only if all previously appropriated emergency contingent funds under the heading 

‘‘Wildland Fire Management’’ have been released by the President 

and apportioned and all wildfire suppression funds under the heading ‘‘Wildland Fire Management’’ are obligated. 

The first transfer of funds into the Wildland Fire Management 

account shall include unobligated funds, if available, from the Land 

Acquisition account and the Forest Legacy program within the State 

and Private Forestry account. 

Funds appropriated to the Forest Service shall be available for 

assistance to or through the Agency for International Development 

and the Foreign Agricultural Service in connection with forest and 

rangeland research, technical information, and assistance in foreign 

countries, and shall be available to support forestry and related natural resource activities outside the United States and its territories 

and possessions, including technical assistance, education and 

training, and cooperation with United States and international organizations. 

None of the funds made available to the Forest Service under 

this Act shall be subject to transfer under the provisions of section 

702(b) of the Department of Agriculture Organic Act of 1944 (7 

U.S.C. 2257) or 7 U.S.C. 147b. 

274 

Not less than $20,000,000 of funds under section 8002 of the 

Farm Security and Rural Investment Act of 2002 is hereby canceled. 

None of the funds available to the Forest Service may be reprogrammed without the advance approval of the House and Senate 

Committees on Appropriations in accordance with the reprogramming procedures contained in House Report 108–330. 

Not more than $72,467,000 of the funds available to the Forest 

Service shall be transferred to the Working Capital Fund of the Department of Agriculture. 

Funds available to the Forest Service shall be available to conduct a program of not less than $2,000,000 for high priority projects 

within the scope of the approved budget which shall be carried out 

by the Youth Conservation Corps. 

Of the funds available to the Forest Service, $2,500 is available 

to the Chief of the Forest Service for official reception and representation expenses. 

Pursuant to sections 405(b) and 410(b) of Public Law 101–593, 

of the funds available to the Forest Service, $3,300,000 may be advanced in a lump sum to the National Forest Foundation to aid 

conservation partnership projects in support of the Forest Service 

mission, without regard to when the Foundation incurs expenses, 

for administrative expenses or projects on or benefitting National 

Forest System lands or related to Forest Service programs: Provided, That of the Federal funds made available to the Foundation, 

$300,000 may be used for Forest Service Centennial activities and, 

of the total available to the Foundation, no more than $350,000 

shall be available for administrative expenses: Provided further, 

That the Foundation shall obtain, by the end of the period of Federal financial assistance, private contributions to match on at least 

one-for-one basis funds made available by the Forest Service: Provided further, That the Foundation may transfer Federal funds to 

a non-Federal recipient for a project at the same rate that the recipient has obtained the non-Federal matching funds: Provided further, 

That authorized investments of Federal funds held by the Foundation may be made only in interest-bearing obligations of the United 

States or in obligations guaranteed as to both principal and interest 

by the United States. 

Pursuant to section 2(b)(2) of Public Law 98–244, $2,650,000 of 

the funds available to the Forest Service shall be available for 

matching funds to the National Fish and Wildlife Foundation, as 

authorized by 16 U.S.C. 3701–3709, and may be advanced in a 

lump sum to aid conservation partnership projects in support of the 

Forest Service mission, without regard to when expenses are incurred, for projects on or benefitting National Forest System lands 

or related to Forest Service programs: Provided, That the Foundation shall obtain, by the end of the period of Federal financial assistance, private contributions to match on at least one-for-one basis 

funds advanced by the Forest Service: Provided further, That the 

Foundation may transfer Federal funds to a non-Federal recipient 

for a project at the same rate that the recipient has obtained the 

non-Federal matching funds. 

Funds appropriated to the Forest Service shall be available for 

interactions with and providing technical assistance to rural communities for sustainable rural development purposes. 

275 

Funds appropriated to the Forest Service shall be available for 

payments to counties within the Columbia River Gorge National 

Scenic Area, pursuant to sections 14(c)(1) and (2), and section 

16(a)(2) of Public Law 99–663. 

Notwithstanding any other provision of law, any appropriations 

or funds available to the Forest Service not to exceed $500,000 may 

be used to reimburse the Office of the General Counsel (OGC), Department of Agriculture, for travel and related expenses incurred as 

a result of OGC assistance or participation requested by the Forest 

Service at meetings, training sessions, management reviews, land 

purchase negotiations and similar non-litigation related matters. 

Future budget justifications for both the Forest Service and the Department of Agriculture should clearly display the sums previously 

transferred and the requested funding transfers. 

Any appropriations or funds available to the Forest Service may 

be used for necessary expenses in the event of law enforcement emergencies as necessary to protect natural resources and public or employee safety: Provided, That such amounts shall not exceed 

$1,000,000. 

For fiscal years 2005 and 2006, the Secretary of Agriculture 

may authorize the sale of excess buildings, facilities, and other properties owned by the Forest Service and located on the Green Mountain National Forest, the revenues of which shall be retained by the 

Forest Service and available to the Secretary without further appropriation and until expended for maintenance and rehabilitation activities on the Green Mountain National Forest. 

For each fiscal year through 2009, the Secretary of Agriculture 

may transfer or reimburse funds available to the Forest Service, not 

to exceed $15,000,000, to the Secretary of the Interior or the Secretary of Commerce to expedite conferencing and consultations as required under section 7 of the Endangered Species Act, 16 U.S.C. 

1536. The amount of the transfer or reimbursement shall be as mutually agreed by the Secretary of Agriculture and the Secretary of 

the Interior or Secretary of Commerce, as applicable, or their designees. The amount shall in no case exceed the actual costs of consultation and conferencing. 

Beginning on June 30, 2001 and concluding on December 31, 

2005, an eligible individual who is employed in any project funded 

under title V of the Older American Act of 1965 (42 U.S.C. 3056 et 

seq.) and administered by the Forest Service shall be considered to 

be a Federal employee for purposes of chapter 171 of title 28, United 

States Code. 

Any funds appropriated to the Forest Service may be used to 

meet the non-Federal share requirement in section 502(c) of the 

Older American Act of 1965 (42 U.S.C. 3056(c)(2)). 

Funds available to the Forest Service in this Act may be used 

for the purpose of expenses associated with primary and secondary 

schooling for dependents of agency personnel stationed in Puerto 

Rico prior to the date of enactment of this Act, who are subject to 

transfer and reassignment to other locations in the United States, 

at a cost not in excess of those authorized for the Department of Defense for the same area, when it is determined by the Chief of the 

Forest Service that public schools available in the locality are unable to provide adequately for the education of such dependents. 

276 

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 non-Federal sources of at 

least 20 percent of the costs: Provided further, That any demonstration component of such project shall require a matching requirement 

from non-Federal sources of at least 50 percent of the costs of the 

component: Provided further, That of the amounts provided, 

$50,000,000 is available, after coordination with the private sector, 

for a request for proposals for a Clean Coal Power Initiative providing for competitively-awarded research, development, and demonstration projects to reduce the barriers to continued and expanded 

coal use: Provided further, That no project may be selected for 

which sufficient funding is not available to provide for the total 

project: Provided further, That funds shall be expended in accordance with the provisions governing the use of funds contained under 

the heading ‘‘Clean Coal Technology’’ in 42 U.S.C. 5903d: Provided 

further, That the Department may include provisions for repayment 

of Government contributions to individual projects in an amount up 

277 

to the Government contribution to the project on terms and conditions that are acceptable to the Department including repayments 

from sale and licensing of technologies from both domestic and foreign transactions: Provided further, That such repayments shall be 

retained by the Department for future coal-related research, development and demonstration projects: Provided further, That any technology selected under this program shall be considered a Clean Coal 

Technology, and any project selected under this program shall be 

considered a Clean Coal Technology Project, for the purposes of 42 

U.S.C. 7651n, and Chapters 51, 52, and 60 of title 40 of the Code 

of Federal Regulations: Provided further, That funds shall be expended in accordance with the provisions governing the use of funds 

contained under the heading ‘‘Clean Coal Technology’’ in prior appropriations: Provided further, That no part of the sum herein made 

available shall be used for the field testing of nuclear explosives in 

the recovery of oil and gas: Provided further, That up to 4 percent 

of program direction funds available to the National Energy Technology Laboratory may be used to support Department of Energy activities not included in this account. 

NAVAL PETROLEUM AND OIL SHALE RESERVES

For expenses necessary to carry out naval petroleum and oil 

shale reserve activities, $18,000,000, to remain available until expended: Provided, That, notwithstanding any other provision of 

law, unobligated funds remaining from prior years shall be available for all naval petroleum and oil shale reserve activities. 

ELK HILLS SCHOOL LANDS FUND

For necessary expenses in fulfilling installment payments under 

the Settlement Agreement entered into by the United States and the 

State of California on October 11, 1996, as authorized by section 

3415 of Public Law 104–106, $36,000,000, to become available on 

October 1, 2005 for payment to the State of California for the State 

Teachers’ Retirement Fund from the Elk Hills School Lands Fund. 

ENERGY CONSERVATION

For necessary expenses in carrying out energy conservation activities, $649,092,000, to remain available until expended: Provided, 

That $44,798,000 is for State energy program grants pursuant to 42 

U.S.C. 6323, notwithstanding section 3003(d)(2) of Public Law 99– 

509. 

STRATEGIC PETROLEUM RESERVE

For necessary expenses for Strategic Petroleum Reserve facility 

development and operations and program management activities 

pursuant to the Energy Policy and Conservation Act of 1975, as 

amended (42 U.S.C. 6201 et seq.), $172,100,000, to remain available 

until expended. 

NORTHEAST HOME HEATING OIL RESERVE

For necessary expenses for Northeast Home Heating Oil Reserve 

storage, operations, and management activities pursuant to the Energy Policy and Conservation Act of 2000, $5,000,000, to remain 

available until expended. 

278 

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. 

279 

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 oneyear 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 FaciliVerDate Aug 04 2004 07:33 Dec 01, 2004 Jkt 096906 PO 00000 Frm 00283 Fmt 6659 Sfmt 6603 E:\HR\OC\HR792.XXX HR792
280 

ties account: Provided further, That of the amounts provided to the 

Indian Health Service, $15,000,000 is provided for alcohol control, 

enforcement, prevention, treatment, sobriety and wellness, and education in Alaska: Provided further, That none of the funds may be 

used for tribal courts or tribal ordinance programs or any program 

that is not directly related to alcohol control, enforcement, prevention, treatment, or sobriety: Provided further, That no more than 15 

percent may be used by any entity receiving funding for administrative overhead including indirect costs. 

INDIAN HEALTH FACILITIES

For construction, repair, maintenance, improvement, and equipment of health and related auxiliary facilities, including quarters 

for personnel; preparation of plans, specifications, and drawings; 

acquisition of sites, purchase and erection of modular buildings, 

and purchases of trailers; and for provision of domestic and community sanitation facilities for Indians, as authorized by section 7 

of the Act of August 5, 1954 (42 U.S.C. 2004a), the Indian Self-Determination Act, and the Indian Health Care Improvement Act, and 

for expenses necessary to carry out such Acts and titles II and III 

of the Public Health Service Act with respect to environmental 

health and facilities support activities of the Indian Health Service, 

$394,048,000, to remain available until expended: Provided, That 

notwithstanding any other provision of law, funds appropriated for 

the planning, design, construction or renovation of health facilities 

for the benefit of an Indian tribe or tribes may be used to purchase 

land for sites to construct, improve, or enlarge health or related facilities: Provided further, That not to exceed $500,000 shall be used 

by the Indian Health Service to purchase TRANSAM equipment 

from the Department of Defense for distribution to the Indian 

Health Service and tribal facilities: Provided further, That none of 

the funds appropriated to the Indian Health Service may be used 

for sanitation facilities construction for new homes funded with 

grants by the housing programs of the United States Department of 

Housing and Urban Development: Provided further, That not to exceed $1,000,000 from this account and the ‘‘Indian Health Services’’ 

account shall be used by the Indian Health Service to obtain ambulances for the Indian Health Service and tribal facilities in conjunction with an existing interagency agreement between the Indian 

Health Service and the General Services Administration: Provided 

further, That notwithstanding any other provision of law, funds appropriated for the planning, design, and construction of the replacement health care facility in Barrow, Alaska, may be used to purchase land up to approximately 8 hectares for a site upon which to 

construct the new health care facility: Provided further, That not to 

exceed $500,000 shall be placed in a Demolition Fund, available 

until expended, to be used by the Indian Health Service for demolition of Federal buildings: Provided further, That up to $2,700,000 

from unobligated balances may be used for the purchase of land at 

two sites for the construction of the northern and southern California Youth Regional Treatment Centers subject to advance approval from the House and Senate Committees on Appropriations. 

281 

ADMINISTRATIVE PROVISIONS, INDIAN HEALTH SERVICE

Appropriations in this Act to the Indian Health Service shall be 

available for services as authorized by 5 U.S.C. 3109 but at rates 

not to exceed the per diem rate equivalent to the maximum rate payable for senior-level positions under 5 U.S.C. 5376; hire of passenger 

motor vehicles and aircraft; purchase of medical equipment; purchase of reprints; purchase, renovation and erection of modular 

buildings and renovation of existing facilities; payments for telephone service in private residences in the field, when authorized 

under regulations approved by the Secretary; and for uniforms or 

allowances therefor as authorized by 5 U.S.C. 5901–5902; and for 

expenses of attendance at meetings which are concerned with the 

functions or activities for which the appropriation is made or which 

will contribute to improved conduct, supervision, or management of 

those functions or activities. 

In accordance with the provisions of the Indian Health Care 

Improvement Act, non-Indian patients may be extended health care 

at all tribally administered or Indian Health Service facilities, subject to charges, and the proceeds along with funds recovered under 

the Federal Medical Care Recovery Act (42 U.S.C. 2651–2653) shall 

be credited to the account of the facility providing the service and 

shall be available without fiscal year limitation. Notwithstanding 

any other law or regulation, funds transferred from the Department 

of Housing and Urban Development to the Indian Health Service 

shall be administered under Public Law 86–121 (the Indian Sanitation Facilities Act) and Public Law 93–638, as amended. 

Funds appropriated to the Indian Health Service in this Act, 

except those used for administrative and program direction purposes, shall not be subject to limitations directed at curtailing Federal travel and transportation. 

None of the funds made available to the Indian Health Service 

in this Act shall be used for any assessments or charges by the Department of Health and Human Services unless identified in the 

budget justification and provided in this Act, or approved by the 

House and Senate Committees on Appropriations through the reprogramming process. Personnel ceilings may not be imposed on the 

Indian Health Service nor may any action be taken to reduce the 

full time equivalent level of the Indian Health Service below the 

level in fiscal year 2002 adjusted upward for the staffing of new 

and expanded facilities, funding provided for staffing at the 

Lawton, Oklahoma hospital in fiscal years 2003 and 2004, critical 

positions not filled in fiscal year 2002, and staffing necessary to 

carry out the intent of Congress with regard to program increases. 

Notwithstanding any other provision of law, funds previously or 

herein made available to a tribe or tribal organization through a 

contract, grant, or agreement authorized by title I or title V of the 

Indian Self-Determination and Education Assistance Act of 1975 

(25 U.S.C. 450), may be deobligated and reobligated to a self-determination contract under title I, or a self-governance agreement 

under title V of such Act and thereafter shall remain available to 

the tribe or tribal organization without fiscal year limitation. 

None of the funds made available to the Indian Health Service 

in this Act shall be used to implement the final rule published in 

the Federal Register on September 16, 1987, by the Department of 

282 

Health and Human Services, relating to the eligibility for the health 

care services of the Indian Health Service until the Indian Health 

Service has submitted a budget request reflecting the increased costs 

associated with the proposed final rule, and such request has been 

included in an appropriations Act and enacted into law. 

With respect to functions transferred by the Indian Health Service to tribes or tribal organizations, the Indian Health Service is authorized to provide goods and services to those entities, on a reimbursable basis, including payment in advance with subsequent adjustment. The reimbursements received therefrom, along with the 

funds received from those entities pursuant to the Indian Self-Determination Act, may be credited to the same or subsequent appropriation account which provided the funding. Such amounts shall remain available until expended. 

Reimbursements for training, technical assistance, or services 

provided by the Indian Health Service will contain total costs, including direct, administrative, and overhead associated with the 

provision of goods, services, or technical assistance. 

The Indian Health Service may purchase 8.5 acres of land for 

expansion of parking facilities at the W.W. Hastings hospital in 

Tahlequah, Oklahoma using third party collections subject to advance approval from the House and Senate Committees on Appropriations. 

Notwithstanding any other provision of law, the Tulsa and 

Oklahoma City Clinic demonstration projects shall be permanent 

programs under the direct care program of the Indian Health Service; shall be treated as service units and operating units in the allocation of resources and coordination of care; shall continue to meet 

the requirements applicable to an Urban Indian organization under 

this title; and shall not be subject to the Indian Self-Determination 

and Education Assistance Act (25 U.S.C. 450 et seq.). 

The appropriation structure for the Indian Health Service may 

not be altered without advance approval of the House and Senate 

Committees on Appropriations. 

OTHER RELATED AGENCIES 

OFFICE OF NAVAJO AND HOPI INDIAN RELOCATION

SALARIES AND EXPENSES

For necessary expenses of the Office of Navajo and Hopi Indian 

Relocation as authorized by Public Law 93–531, $5,000,000, to remain available until expended: Provided, That funds provided in 

this or any other appropriations Act are to be used to relocate eligible individuals and groups including evictees from District 6, Hopipartitioned 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 

283 

eligible relocatees who have selected and received an approved 

homesite on the Navajo reservation or selected a replacement residence off the Navajo reservation or on the land acquired pursuant 

to 25 U.S.C. 640d–10. 

INSTITUTE OF AMERICAN INDIAN AND ALASKA NATIVE CULTURE AND

ARTS DEVELOPMENT

PAYMENT TO THE INSTITUTE

For payment to the Institute of American Indian and Alaska 

Native Culture and Arts Development, as authorized by title XV of 

Public Law 99–498, as amended (20 U.S.C. 56 part A), $6,000,000, 

of which up to $1,000,000 may remain available until expended to 

assist with the Institute’s efforts to develop a Continuing Education 

Lifelong Learning Center. 

SMITHSONIAN INSTITUTION

SALARIES AND EXPENSES

For necessary expenses of the Smithsonian Institution, as authorized by law, including research in the fields of art, science, and 

history; development, preservation, and documentation of the National Collections; presentation of public exhibits and performances; 

collection, preparation, dissemination, and exchange of information 

and publications; conduct of education, training, and museum assistance programs; maintenance, alteration, operation, lease (for 

terms not to exceed 30 years), and protection of buildings, facilities, 

and approaches; not to exceed $100,000 for services as authorized 

by 5 U.S.C. 3109; up to five replacement passenger vehicles; purchase, rental, repair, and cleaning of uniforms for employees, 

$495,925,000, of which not to exceed $10,108,000 for the instrumentation program, collections acquisition, exhibition reinstallation, the 

National Museum of African American History and Culture, and 

the repatriation of skeletal remains program shall remain available 

until expended; and of which $1,620,000 for fellowships and scholarly awards shall remain available until September 30, 2006; and 

including such funds as may be necessary to support American 

overseas research centers and a total of $125,000 for the Council of 

American Overseas Research Centers: Provided, That funds appropriated herein are available for advance payments to independent 

contractors performing research services or participating in official 

Smithsonian presentations: Provided further, That the Smithsonian 

Institution may expend Federal appropriations designated in this 

Act for lease or rent payments for long term and swing space, as 

rent payable to the Smithsonian Institution, and such rent payments may be deposited into the general trust funds of the Institution to the extent that federally supported activities are housed in 

the 900 H Street, N.W. building in the District of Columbia: Provided further, That this use of Federal appropriations shall not be 

construed as debt service, a Federal guarantee of, a transfer of risk 

to, or an obligation of, the Federal Government: Provided further, 

That no appropriated funds may be used to service debt which is 

incurred to finance the costs of acquiring the 900 H Street building 

or of planning, designing, and constructing improvements to such 

building. 

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FACILITIES CAPITAL

For necessary expenses of repair, revitalization, and alteration 

of facilities owned or occupied by the Smithsonian Institution, by 

contract or otherwise, as authorized by section 2 of the Act of August 

22, 1949 (63 Stat. 623), and for construction, including necessary 

personnel, $127,900,000, to remain available until expended, of 

which not to exceed $10,000 is for services as authorized by 5 U.S.C. 

3109: Provided, That contracts awarded for environmental systems, 

protection systems, and repair or restoration of facilities of the 

Smithsonian Institution may be negotiated with selected contractors 

and awarded on the basis of contractor qualifications as well as 

price. 

ADMINISTRATIVE PROVISIONS, SMITHSONIAN INSTITUTION

None of the funds in this or any other Act may be used to make 

any changes to the existing Smithsonian science programs including 

closure of facilities, relocation of staff or redirection of functions and 

programs without the advance approval of the House and Senate 

Committees on Appropriations. 

None of the funds in this or any other Act may be used to initiate the design for any proposed expansion of current space or new 

facility without consultation with the House and Senate Appropriations Committees. 

None of the funds in this or any other Act may be used for the 

Holt House located at the National Zoological Park in Washington, 

D.C., unless identified as repairs to minimize water damage, monitor structure movement, or provide interim structural support. 

None of the funds available to the Smithsonian may be reprogrammed without the advance written approval of the House and 

Senate Committees on Appropriations in accordance with the reprogramming procedures contained in the statement of the managers accompanying this Act. 

None of the funds in this or any other Act may be used to purchase any additional buildings without prior consultation with the 

House and Senate Committees on Appropriations. 

NATIONAL GALLERY OF ART

SALARIES AND EXPENSES

For the upkeep and operations of the National Gallery of Art, 

the protection and care of the works of art therein, and administrative expenses incident thereto, as authorized by the Act of March 24, 

1937 (50 Stat. 51), as amended by the public resolution of April 13, 

1939 (Public Resolution 9, Seventy-sixth Congress), including services as authorized by 5 U.S.C. 3109; payment in advance when authorized by the treasurer of the Gallery for membership in library, 

museum, and art associations or societies whose publications or 

services are available to members only, or to members at a price 

lower than to the general public; purchase, repair, and cleaning of 

uniforms for guards, and uniforms, or allowances therefor, for other 

employees as authorized by law (5 U.S.C. 5901–5902); purchase or 

rental of devices and services for protecting buildings and contents 

thereof, and maintenance, alteration, improvement, and repair of 

buildings, approaches, and grounds; and purchase of services for 

285 

restoration and repair of works of art for the National Gallery of 

Art by contracts made, without advertising, with individuals, firms, 

or organizations at such rates or prices and under such terms and 

conditions as the Gallery may deem proper, $93,000,000, of which 

not to exceed $3,026,000 for the special exhibition program shall remain available until expended. 

REPAIR, RESTORATION AND RENOVATION OF BUILDINGS

For necessary expenses of repair, restoration and renovation of 

buildings, grounds and facilities owned or occupied by the National 

Gallery of Art, by contract or otherwise, as authorized, $11,100,000, 

to remain available until expended: Provided, That contracts 

awarded for environmental systems, protection systems, and exterior 

repair or renovation of buildings of the National Gallery of Art may 

be negotiated with selected contractors and awarded on the basis of 

contractor qualifications as well as price. 

JOHN F. KENNEDY CENTER FOR THE PERFORMING ARTS

OPERATIONS AND MAINTENANCE

For necessary expenses for the operation, maintenance and security of the John F. Kennedy Center for the Performing Arts, 

$17,152,000. 

CONSTRUCTION

For necessary expenses for capital repair and restoration of the 

existing features of the building and site of the John F. Kennedy 

Center for the Performing Arts, $16,334,000, to remain available 

until expended. 

WOODROW WILSON INTERNATIONAL CENTER FOR SCHOLARS

SALARIES AND EXPENSES

For expenses necessary in carrying out the provisions of the 

Woodrow Wilson Memorial Act of 1968 (82 Stat. 1356) including 

hire of passenger vehicles and services as authorized by 5 U.S.C. 

3109, $8,987,000. 

NATIONAL FOUNDATION ON THE ARTS AND THE HUMANITIES

NATIONAL ENDOWMENT FOR THE ARTS

GRANTS AND ADMINISTRATION

For necessary expenses to carry out the National Foundation on 

the Arts and the Humanities Act of 1965, as amended, 

$122,972,000, shall be available to the National Endowment for the 

Arts for the support of projects and productions in the arts through 

assistance to organizations and individuals pursuant to sections 

5(c) and 5(g) of the Act, including $21,729,000 for support of arts 

education and public outreach activities through the Challenge 

America program, for program support, and for administering the 

functions of the Act, to remain available until expended: Provided, 

That funds previously appropriated to the National Endowment for 

the Arts ‘‘Matching Grants’’ account and ‘‘Challenge America’’ account may be transferred to and merged with this account. 

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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. 

287 

ADVISORY COUNCIL ON HISTORIC PRESERVATION

SALARIES AND EXPENSES

For necessary expenses of the Advisory Council on Historic 

Preservation (Public Law 89–665, as amended), $4,600,000: Provided, That none of these funds shall be available for compensation 

of level V of the Executive Schedule or higher positions. 

NATIONAL CAPITAL PLANNING COMMISSION

SALARIES AND EXPENSES

For necessary expenses, as authorized by the National Capital 

Planning Act of 1952 (40 U.S.C. 71–71i), including services as authorized by 5 U.S.C. 3109, $8,000,000: Provided, That one-quarter 

of 1 percent of the funds provided under this heading may be used 

for official reception and representational expenses to host international visitors engaged in the planning and physical development 

of world capitals. 

UNITED STATES HOLOCAUST MEMORIAL MUSEUM

HOLOCAUST MEMORIAL MUSEUM

For expenses of the Holocaust Memorial Museum, as authorized 

by Public Law 106–292 (36 U.S.C. 2301–2310), $41,433,000, of 

which $1,900,000 for the museum’s repair and rehabilitation program and $1,264,000 for the museum’s exhibitions program shall 

remain available until expended. 

PRESIDIO TRUST

PRESIDIO TRUST FUND

For necessary expenses to carry out title I of the Omnibus Parks 

and Public Lands Management Act of 1996, $20,000,000 shall be 

available to the Presidio Trust, to remain available until expended. 

TITLE III—GENERAL PROVISIONS 

SEC. 301. The expenditure of any appropriation under this Act 

for any consulting service through procurement contract, pursuant 

to 5 U.S.C. 3109, shall be limited to those contracts where such expenditures are a matter of public record and available for public inspection, except where otherwise provided under existing law, or 

under existing Executive order issued pursuant to existing law. 

SEC. 302. No part of any appropriation contained in this Act 

shall be available for any activity or the publication or distribution 

of literature that in any way tends to promote public support or opposition to any legislative proposal on which congressional action is 

not complete. 

SEC. 303. No part of any appropriation contained in this Act 

shall remain available for obligation beyond the current fiscal year 

unless expressly so provided herein. 

SEC. 304. None of the funds provided in this Act to any department or agency shall be obligated or expended to provide a personal 

cook, chauffeur, or other personal servants to any officer or employee 

of such department or agency except as otherwise provided by law. 

288 

SEC. 305. No assessments may be levied against any program, 

budget activity, subactivity, or project funded by this Act unless notice of such assessments and the basis therefor are presented to the 

Committees on Appropriations and are approved by such committees. 

SEC. 306. None of the funds in this Act may be used to plan, 

prepare, or offer for sale timber from trees classified as giant sequoia (Sequoiadendron giganteum) which are located on National 

Forest System or Bureau of Land Management lands in a manner 

different than such sales were conducted in fiscal year 2004. 

SEC. 307. (a) LIMITATION OF FUNDS.—None of the funds appropriated or otherwise made available pursuant to this Act shall be 

obligated or expended to accept or process applications for a patent 

for any mining or mill site claim located under the general mining 

laws. 

(b) EXCEPTIONS.—The provisions of subsection (a) shall not 

apply if the Secretary of the Interior determines that, for the claim 

concerned: (1) a patent application was filed with the Secretary on 

or before September 30, 1994; and (2) all requirements established 

under sections 2325 and 2326 of the Revised Statutes (30 U.S.C. 29 

and 30) for vein or lode claims and sections 2329, 2330, 2331, and 

2333 of the Revised Statutes (30 U.S.C. 35, 36, and 37) for placer 

claims, and section 2337 of the Revised Statutes (30 U.S.C. 42) for 

mill site claims, as the case may be, were fully complied with by the 

applicant by that date. 

(c) REPORT.—On September 30, 2005, the Secretary of the Interior shall file with the House and Senate Committees on Appropriations and the Committee on Resources of the House of Representatives and the Committee on Energy and Natural Resources of the 

Senate a report on actions taken by the Department under the plan 

submitted pursuant to section 314(c) of the Department of the Interior and Related Agencies Appropriations Act, 1997 (Public Law 

104–208). 

(d) MINERAL EXAMINATIONS.—In order to process patent applications in a timely and responsible manner, upon the request of a 

patent applicant, the Secretary of the Interior shall allow the applicant to fund a qualified third-party contractor to be selected by the 

Bureau of Land Management to conduct a mineral examination of 

the mining claims or mill sites contained in a patent application as 

set forth in subsection (b). The Bureau of Land Management shall 

have the sole responsibility to choose and pay the third-party contractor in accordance with the standard procedures employed by the 

Bureau of Land Management in the retention of third-party contractors. 

SEC. 308. Notwithstanding any other provision of law, amounts 

appropriated to or earmarked in committee reports for the Bureau 

of Indian Affairs and the Indian Health Service by Public Laws 

103–138, 103–332, 104–134, 104–208, 105–83, 105–277, 106–113, 

106–291, 107–63, 108–7, and 108–108 for payments to tribes and 

tribal organizations for contract support costs associated with 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 purposes, except that, for the Bureau of Indian Affairs, tribes and tribal organiVerDate Aug 04 2004 07:33 Dec 01, 2004 Jkt 096906 PO 00000 Frm 00292 Fmt 6659 Sfmt 6603 E:\HR\OC\HR792.XXX HR792
289 

zations 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, 

290 

productions, workshops, or programs that will encourage public 

knowledge, education, understanding, and appreciation of the arts. 

(d) With funds appropriated by this Act to carry out section 5 

of the National Foundation on the Arts and Humanities Act of 

1965— 

(1) the Chairperson shall establish a grant category for 

projects, productions, workshops, or programs that are of national impact or availability or are able to tour several States; 

(2) the Chairperson shall not make grants exceeding 15 percent, in the aggregate, of such funds to any single State, excluding grants made under the authority of paragraph (1); 

(3) the Chairperson shall report to the Congress annually 

and by State, on grants awarded by the Chairperson in each 

grant category under section 5 of such Act; and 

(4) the Chairperson shall encourage the use of grants to improve and support community-based music performance and 

education. 

SEC. 312. No part of any appropriation contained in this Act 

shall be expended or obligated to complete and issue the 5-year program under the Forest and Rangeland Renewable Resources Planning Act. 

SEC. 313. None of the funds in this Act may be used to support 

Government-wide administrative functions unless such functions 

are justified in the budget process and funding is approved by the 

House and Senate Committees on Appropriations. 

SEC. 314. Notwithstanding any other provision of law, for fiscal 

year 2005 the Secretaries of Agriculture and the Interior are authorized to limit competition for watershed restoration project contracts 

as part of the ‘‘Jobs in the Woods’’ Program established in Region 

10 of the Forest Service to individuals and entities in historically 

timber-dependent areas in the States of Washington, Oregon, northern California, Idaho, Montana, and Alaska that have been affected 

by reduced timber harvesting on Federal lands. The Secretaries 

shall consider the benefits to the local economy in evaluating bids 

and designing procurements which create economic opportunities for 

local contractors. 

SEC. 315. Amounts deposited during fiscal year 2004 in the 

roads and trails fund provided for in the 14th paragraph under the 

heading ‘‘FOREST SERVICE’’ of the Act of March 4, 1913 (37 Stat. 

843; 16 U.S.C. 501), shall be used by the Secretary of Agriculture, 

without regard to the State in which the amounts were derived, to 

repair or reconstruct roads, bridges, and trails on National Forest 

System lands or to carry out and administer projects to improve forest health conditions, which may include the repair or reconstruction of roads, bridges, and trails on National Forest System lands 

in the wildland-community interface where there is an abnormally 

high risk of fire. The projects shall emphasize reducing risks to 

human safety and public health and property and enhancing ecological functions, long-term forest productivity, and biological integrity. The projects may be completed in a subsequent fiscal year. 

Funds shall not be expended under this section to replace funds 

which would otherwise appropriately be expended from the timber 

salvage sale fund. Nothing in this section shall be construed to exempt any project from any environmental law. 

291 

SEC. 316. Other than in emergency situations, none of the funds 

in this Act may be used to operate telephone answering machines 

during core business hours unless such answering machines include 

an option that enables callers to reach promptly an individual onduty with the agency being contacted. 

SEC. 317. No timber sale in Region 10 shall be advertised if the 

indicated rate is deficit when appraised using a residual value approach that assigns domestic Alaska values for western redcedar. 

Program accomplishments shall be based on volume sold. Should 

Region 10 sell, in the current fiscal year, the annual average portion 

of the decadal allowable sale quantity called for in the current 

Tongass Land Management Plan in sales which are not deficit 

when appraised using a residual value approach that assigns domestic Alaska values for western redcedar, all of the western 

redcedar timber from those sales which is surplus to the needs of 

domestic processors in Alaska, shall be made available to domestic 

processors in the contiguous 48 United States at prevailing domestic 

prices. Should Region 10 sell, in the current fiscal year, less than 

the annual average portion of the decadal allowable sale quantity 

called for in the Tongass Land Management Plan in sales which 

are not deficit when appraised using a residual value approach that 

assigns domestic Alaska values for western redcedar, the volume of 

western redcedar timber available to domestic processors at prevailing domestic prices in the contiguous 48 United States shall be 

that volume: (i) which is surplus to the needs of domestic processors 

in Alaska; and (ii) is that percent of the surplus western redcedar 

volume determined by calculating the ratio of the total timber volume which has been sold on the Tongass to the annual average portion of the decadal allowable sale quantity called for in the current 

Tongass Land Management Plan. The percentage shall be calculated by Region 10 on a rolling basis as each sale is sold (for purposes of this amendment, a ‘‘rolling basis’’ shall mean that the determination of how much western redcedar is eligible for sale to various markets shall be made at the time each sale is awarded). Western redcedar shall be deemed ‘‘surplus to the needs of domestic processors in Alaska’’ when the timber sale holder has presented to the 

Forest Service documentation of the inability to sell western 

redcedar logs from a given sale to domestic Alaska processors at a 

price equal to or greater than the log selling value stated in the contract. All additional western redcedar volume not sold to Alaska or 

contiguous 48 United States domestic processors may be exported to 

foreign markets at the election of the timber sale holder. All Alaska 

yellow cedar may be sold at prevailing export prices at the election 

of the timber sale holder. 

SEC. 318. Section 3 of the Act of June 9, 1930 (commonly 

known as the Knutson-Vandenberg Act; 16 U.S.C. 576b), is amended— 

(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: 

292 

‘‘(c) Any portion of the balance at the end of a fiscal year in the 

special fund established pursuant to this section that the Secretary 

of Agriculture determines to be in excess of the cost of doing work 

described in subsection (a) (as well as any portion of the balance in 

the special fund that the Secretary determined, before October 1, 

2004, to be excess of the cost of doing work described in subsection 

(a), but which has not been transferred by that date) shall be transferred to miscellaneous receipts, National Forest Fund, as a National Forest receipt, but only if the Secretary also determines that— 

‘‘(1) the excess amounts will not be needed for emergency 

wildfire suppression during the fiscal year in which the transfer 

would be made; and 

‘‘(2) the amount to be transferred to miscellaneous receipts, 

National Forest Fund, exceeds the outstanding balance of unreimbursed funds transferred from the special fund in prior fiscal 

years for wildfire suppression.’’. 

SEC. 319. A project undertaken by the Forest Service under the 

Recreation Fee Demonstration Program as authorized by section 315 

of the Department of the Interior and Related Agencies Appropriations Act for Fiscal Year 1996, as amended, shall not result in— 

(1) displacement of the holder of an authorization to provide commercial recreation services on Federal lands. Prior to 

initiating any project, the Secretary shall consult with potentially affected holders to determine what impacts the project 

may have on the holders. Any modifications to the authorization shall be made within the terms and conditions of the authorization and authorities of the impacted agency; and 

(2) the return of a commercial recreation service to the Secretary for operation when such services have been provided in 

the past by a private sector provider, except when— 

(A) the private sector provider fails to bid on such opportunities; 

(B) the private sector provider terminates its relationship with the agency; or 

(C) the agency revokes the permit for non-compliance 

with the terms and conditions of the authorization. 

In such cases, the agency may use the Recreation Fee Demonstration 

Program to provide for operations until a subsequent operator can 

be found through the offering of a new prospectus. 

SEC. 320. Prior to October 1, 2005, the Secretary of Agriculture 

shall not be considered to be in violation of subparagraph 6(f)(5)(A) 

of the Forest and Rangeland Renewable Resources Planning Act of 

1974 (16 U.S.C. 1604(f)(5)(A)) solely because more than 15 years 

have passed without revision of the plan for a unit of the National 

Forest System. Nothing in this section exempts the Secretary from 

any other requirement of the Forest and Rangeland Renewable Resources Planning Act (16 U.S.C. 1600 et seq.) or any other law: Provided, That if the Secretary is not acting expeditiously and in good 

faith, within the funding available, to revise a plan for a unit of the 

National Forest System, this section shall be void with respect to 

such plan and a court of proper jurisdiction may order completion 

of the plan on an accelerated basis. 

SEC. 321. No funds provided in this Act may be expended to 

conduct preleasing, leasing and related activities under either the 

Mineral Leasing Act (30 U.S.C. 181 et seq.) or the Outer ContiVerDate Aug 04 2004 07:33 Dec 01, 2004 Jkt 096906 PO 00000 Frm 00296 Fmt 6659 Sfmt 6603 E:\HR\OC\HR792.XXX HR792
293 

nental Shelf Lands Act (43 U.S.C. 1331 et seq.) within the boundaries of a National Monument established pursuant to the Act of 

June 8, 1906 (16 U.S.C. 431 et seq.) as such boundary existed on 

January 20, 2001, except where such activities are allowed under 

the Presidential proclamation establishing such monument. 

SEC. 322. EXTENSION OF FOREST SERVICE CONVEYANCES PILOT

PROGRAM.—Section 329 of the Department of the Interior and Related Agencies Appropriations Act, 2002 (16 U.S.C. 580d note; Public Law 107–63) is amended— 

(1) in subsection (b), by striking ‘‘30’’ and inserting ‘‘40’’; 

(2) in subsection (c) by striking ‘‘8’’ and inserting ‘‘13’’; and 

(3) in subsection (d), by striking ‘‘2007’’ and inserting 

‘‘2008’’. 

SEC. 323. Section 3(c) of the Harriet Tubman Special Resource 

Study Act (Public Law 106–516; 114 Stat. 2405) is amended by 

striking ‘‘section 8 of section 8’’ and inserting ‘‘section 8.’’ 

SEC. 324. In entering into agreements with foreign countries 

pursuant to the Wildfire Suppression Assistance Act (42 U.S.C. 

1856m) the Secretary of Agriculture and the Secretary of the Interior are authorized to enter into reciprocal agreements in which the 

individuals furnished under said agreements to provide wildfire 

services are considered, for purposes of tort liability, employees of 

the country receiving said services when the individuals are engaged in fire suppression: Provided, That the Secretary of Agriculture or the Secretary of the Interior shall not enter into any 

agreement under this provision unless the foreign country (either directly or through its fire organization) agrees to assume any and all 

liability for the acts or omissions of American firefighters engaged 

in firefighting in a foreign country: Provided further, That when an 

agreement is reached for furnishing fire fighting services, the only 

remedies for acts or omissions committed while fighting fires shall 

be those provided under the laws of the host country, and those remedies shall be the exclusive remedies for any claim arising out of 

fighting fires in a foreign country: Provided further, That neither 

the sending country nor any legal organization associated with the 

firefighter shall be subject to any legal action whatsoever pertaining 

to or arising out of the firefighter’s role in fire suppression. 

SEC. 325. Notwithstanding any other provision of law or regulation, to promote the more efficient use of the health care funding 

allocation for fiscal year 2005, the Eagle Butte Service Unit of the 

Indian Health Service, at the request of the Cheyenne River Sioux 

Tribe, may pay base salary rates to health professionals up to the 

highest grade and step available to a physician, pharmacist, or 

other health professional and may pay a recruitment or retention 

bonus of up to 25 percent above the base pay rate. 

SEC. 326. None of the funds made available in this Act may be 

transferred to any department, agency, or instrumentality of the 

United States Government except pursuant to a transfer made by, 

or transfer authority provided in, this Act or any other appropriations Act. 

SEC. 327. None of the funds in this Act may be used to prepare 

or issue a permit or lease for oil or gas drilling in the Finger Lakes 

National Forest, New York, during fiscal year 2005. 

SEC. 328. In awarding a Federal Contract with funds made 

available by this Act, the Secretary of Agriculture and the Secretary 

294 

of the Interior (the ‘‘Secretaries’’) may, in evaluating bids and proposals, give consideration to local contractors who are from, and 

who provide employment and training for, dislocated and displaced 

workers in an economically disadvantaged rural community, including those historically timber-dependent areas that have been affected by reduced timber harvesting on Federal lands and other forest-dependent rural communities isolated from significant alternative employment opportunities: Provided, That notwithstanding 

Federal Government procurement and contracting laws the Secretaries may award contracts, grants or cooperative agreements to 

local non-profit entities, Youth Conservation Corps or related partnerships with State, local or non-profit youth groups, or small or 

disadvantaged business: Provided further, That the contract, grant, 

or cooperative agreement is for forest hazardous fuels reduction, watershed or water quality monitoring or restoration, wildlife or fish 

population monitoring, or habitat restoration or management: Provided further, That the terms ‘‘rural community’’ and ‘‘economically 

disadvantaged’’ shall have the same meanings as in section 2374 of 

Public Law 101–624: Provided further, That the Secretaries shall 

develop guidance to implement this section: Provided further, That 

nothing in this section shall be construed as relieving the Secretaries of any duty under applicable procurement laws, except as provided in this section. 

SEC. 329. No funds appropriated in this Act for the acquisition 

of lands or interests in lands may be expended for the filing of declarations of taking or complaints in condemnation without the approval of the House and Senate Committees on Appropriations: Provided, That this provision shall not apply to funds appropriated to 

implement the Everglades National Park Protection and Expansion 

Act of 1989, or to funds appropriated for Federal assistance to the 

State of Florida to acquire lands for Everglades restoration purposes. 

SEC. 330. Section 338 of Public Law 108–108 is amended by 

striking ‘‘2003’’ and inserting in lieu thereof ‘‘2004’’. 

SEC. 331. Section 315 of the Department of the Interior and Related Agencies Appropriations Act, 1996 (as contained in section 

101(c) of Public Law 104–134; 110 Stat. 1321–200; 16 U.S.C. 460l– 

6a note), is amended— 

(1) in subsection (b), by inserting ‘‘subject to subsection (g) 

but’’ before ‘‘notwithstanding’’ in the matter preceding paragraph (1); and 

(2) by adding at the end the following new subsection: 

‘‘(g) The Secretary of Agriculture may not charge or collect fees 

under this section for the following: 

‘‘(1) Admission to a unit of the National Forest System (as 

defined in section 11(a) of the Forest and Rangeland Renewable 

Resources Planning Act of 1974 (16 U.S.C. 1609(a)). 

‘‘(2) The use, either singly or in any combination, of the following: 

‘‘(A) undesignated parking along roads; 

‘‘(B) overlook sites or scenic pullouts; 

‘‘(C) information offices and centers that only provide 

general area information and limited services or interpretive exhibits; and 

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‘‘(D) dispersed areas for which expenditures in facilities 

or services are limited.’’. 

SEC. 332. (a) LIMITATION ON COMPETITIVE SOURCING STUD- IES.— (1) Of the funds made available by this or any other Act 

to the Department of Energy or the Department of the Interior 

for fiscal year 2005, not more than the maximum amount specified in paragraph (2) may be used by the Secretary of Energy 

or the Secretary of the Interior to initiate or continue competitive sourcing studies in fiscal year 2005 for programs, projects, 

and activities for which funds are appropriated by this Act 

until such time as the Secretary concerned submits a reprogramming proposal to the Committees on Appropriations of 

the Senate and the House of Representatives, and such proposal 

has been processed consistent with the reprogramming guidelines in House Report 108–330. 

(2) For the purposes of paragraph (1) the maximum 

amount— 

(A) with respect to the Department of Energy is $500,000; and 

(B) with respect to the Department of the Interior is $3,250,000. 

(3) Of the funds appropriated by this Act, not more than $2,000,000 may be used in fiscal year 2005 for competitive 

sourcing studies and related activities by the Forest Service. 

(b) COMPETITIVE SOURCING STUDY DEFINED.—In this section, 

the term ‘‘competitive sourcing study’’ means a study on subjecting 

work performed by Federal Government employees or private contractors to public-private competition or on converting the Federal 

Government employees or the work performed by such employees to 

private contractor performance under the Office of Management and 

Budget Circular A–76 or any other administrative regulation, directive, or policy. 

(c) Section 340(b) of Public Law 108–108 is hereby repealed. 

(d) COMPETITIVE SOURCING EXEMPTION FOR FOREST SERVICE

STUDIES CONDUCTED PRIOR TO FISCAL YEAR 2005.—Notwithstanding requirements of Office of Management and Budget Circular A–76, Attachment B, the Forest Service is hereby exempted 

from implementing the Letter of Obligation and post-competition accountability guidelines where a competitive sourcing study involved 

65 or fewer full-time equivalents, the performance decision was 

made in favor of the agency provider; no net savings was achieved 

by conducting the study, and the study was completed prior to the 

date of this Act. 

(e) In preparing any reports to the Committees on Appropriations on competitive sourcing activities, agencies funded in this Act 

shall include the incremental cost directly attributable to conducting 

the competitive sourcing competitions, including costs attributable 

to paying outside consultants and contractors and, in accordance 

with full cost accounting principles, all costs attributable to developing, implementing, supporting, managing, monitoring, and reporting on competitive sourcing, including personnel, consultant, 

travel, and training costs associated with program management. 

SEC. 333. Estimated overhead charges, deductions, reserves or 

holdbacks from programs, projects and activities to support governVerDate Aug 04 2004 07:33 Dec 01, 2004 Jkt 096906 PO 00000 Frm 00299 Fmt 6659 Sfmt 6603 E:\HR\OC\HR792.XXX HR792
296 

mentwide, departmental, agency or bureau administrative functions 

or headquarters, regional or central office operations shall be presented in annual budget justifications. Changes to such estimates 

shall be presented to the Committees on Appropriations for approval. 

SEC. 334. None of the funds in this Act or prior Acts making 

appropriations for the Department of the Interior and Related Agencies may be provided to the managing partners or their agents for 

the SAFECOM or Disaster Management projects. 

SEC. 335. CONVEYANCE OF A SMALL PARCEL OF PUBLIC DOMAIN

LAND IN THE SAN BERNARDINO NATIONAL FOREST IN THE STATE OF

CALIFORNIA. (a) FINDINGS.—The Congress finds that— 

(1) a select area of the San Bernardino National Forest in 

California is heavily developed with recreation residences and 

is immediately adjacent to comparably developed private property; 

(2) it is in the public interest to convey the above referenced 

area to the owners of the recreation residences; and 

(3) the Secretary of Agriculture should use the proceeds of 

such conveyance for critical San Bernardino National Forest infrastructure improvements or to acquire additional lands within the boundaries of the San Bernardino National Forest. 

(b) CONVEYANCE REQUIRED.—Subject to valid existing rights 

and such terms, conditions, and restrictions as the Secretary deems 

necessary or desirable in the public interest, the Secretary of Agriculture shall convey to the Mill Creek Homeowners Association 

(hereinafter Association) all right, title, and interest of the United 

States in and to the Mill Creek parcel of real estate described in 

subsection (c)(1). In the event the Secretary and the Association for 

any reason do not complete the sale within two years from the date 

of enactment of this Act, this authority shall expire. 

(c) LEGAL DESCRIPTION AND CORRECTION AUTHORITY.— 

(1) DESCRIPTION.—The Mill Creek parcel, approximately 35 

acres, as shown on a map, ‘‘The Mill Creek Conveyance Parcel—San Bernardino National Forest, dated June 1, 2004’’ generally located in the northeast quarter of Section 8, T.1S., 

R.1W., San Bernardino Meridian, of the United States Public 

Lands Survey System, California. The map shall be on file and 

available for inspection in the office of the Chief, Forest Service, 

Washington, DC and in the office of the Forest Supervisor, San 

Bernardino National Forest until such time as the lands are 

conveyed. 

(2) CORRECTIONS.—The Secretary is authorized to make 

minor corrections to this map and may modify the description 

to correct errors or to reconfigure the property in order to facilitate conveyance. In the event of a conflict between the map description and the USPLSS description of the land in paragraph 

(1), the map will be considered the definitive description of the 

land. 

(d) CONSIDERATION.—Consideration for the conveyance under 

subsection (b) shall be equal to the appraised fair market value of 

the parcel of real property to be conveyed. Such appraisal shall be 

prepared in conformity with the Uniform Appraisal Standards for 

Federal Land Acquisition. 

297 

(e) ACCESS REQUIREMENTS.—Notwithstanding section 1323(a) 

of the Alaska National Interest Lands Conservation Act (16 U.S.C. 

3210(a)) or any other law, the Secretary is not required to provide 

access over National Forest System lands to the parcel of real estate 

to be conveyed under subsection (b). 

(f) ADMINISTRATIVE COSTS.—All costs incurred by the Secretary 

of Agriculture and any costs associated with the creation of a subdivided parcel, conducting and recordation of a survey, zoning, 

planning approval, and similar expenses with respect to the conveyance under subsection (b), shall be borne by the Association. 

(g) ASSUMPTION OF LIABILITY.—By acceptance of the conveyance 

of the parcel of real property referred to in subsection (b), the Association and its successors and assigns will indemnify and hold 

harmless the United States for any and all liability to any party 

that is associated with the parcel. 

(h) TREATMENT OF RECEIPTS.—All funds received pursuant to 

the conveyance of the parcel of real property referred to in subsection 

(b) shall be deposited in the fund established under Public Law 90– 

171 (16 U.S.C. 484a; commonly known as the Sisk Act), and the 

funds shall remain available to the Secretary, until expended, for 

critical San Bernardino National Forest infrastructure improvements or the acquisition of lands, waters, and interests in land for 

inclusion in the San Bernardino National Forest. 

SEC. 336. Section 331 of the Department of the Interior and Related Agencies Appropriations Act, 2001 (Public Law 106–291; 114 

Stat. 996), is amended— 

(1) in subsection (a), by striking ‘‘Until September 30, 2004, 

the’’ and inserting ‘‘The’’; and 

(2) by adding at the end the following new subsections: 

‘‘(d) INCLUSION OF COLORADO BLM LANDS.—The authority provided by this section shall also be available to the Secretary of the 

Interior with respect to public lands in the State of Colorado administered by the Secretary through the Bureau of Land Management. 

‘‘(e) EXPIRATION OF AUTHORITY.—The authority of the Secretary 

of Agriculture and the Secretary of the Interior to enter into cooperative agreements and contracts under this section expires September 

30, 2009, and the term of any cooperative agreement or contract entered into under this section shall not extend beyond that date.’’. 

SEC. 337. FEDERAL AND STATE COOPERATIVE FOREST, RANGE- LAND, 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 

298 

Forest Service in providing services necessary to facilitate the performance and treatment of insect infested trees, reduction of hazardous fuels, and to restore or improve forest, rangeland, and watershed health including fish and wildlife habitat under subsection 

(a). The services to be performed by the State Forester of Utah may 

be conducted with subcontracts utilizing State of Utah contract procedures. Subsections (d) and (g) of section 14 of the National Forest 

Management Act of 1976 (16 U.S.C. 472a) shall not apply to services performed under a cooperative agreement or contract under 

subsection (a). 

(c) RETENTION OF NEPA RESPONSIBILITIES.—With respect to 

any treatment activity to restore and improve forest, rangeland, and 

watershed health including fish and wildlife habitat services on National Forest System lands programmed for treatment by the State 

Forester of the State of Utah under subsection (a), any decision required to be made under the National Environmental Policy Act of 

1969 (42 U.S.C. 4821 et seq.) may not be delegated to any officer 

or employee of the State of Utah. 

SEC. 338. (a) IN GENERAL.—An entity that enters into a contract with the United States to operate the National Recreation Reservation Service (as solicited by the solicitation numbered WO–04– 

06vm) shall not carry out any duties under the contract using: 

(1) a contact center located outside the United States; or 

(2) a reservation agent who does not live in the United 

States. 

(b) NO WAIVER.—The Secretary of Agriculture may not waive 

the requirements of subsection (a). 

(c) TELECOMMUTING.—A reservation agent who is carrying out 

duties under the contract described in subsection (a) may not telecommute from a location outside the United States. 

(d) LIMITATIONS.—Nothing in this Act shall be construed to 

apply to any employee of the entity who is not a reservation agent 

carrying out the duties under the contract described in subsection 

(a) or who provides managerial or support services. 

SEC. 339. For fiscal years 2005 through 2007, a decision made 

by the Secretary of Agriculture to authorize grazing on an allotment 

shall be categorically excluded from documentation in an environmental assessment or an environmental impact statement under the 

National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) 

if: (1) the decision continues current grazing management of the allotment; (2) monitoring indicates that current grazing management 

is meeting, or satisfactorily moving toward, objectives in the land 

and resource management plan, as determined by the Secretary; 

and (3) the decision is consistent with agency policy concerning extraordinary circumstances. The total number of allotments that may 

be categorically excluded under this section may not exceed 900. 

SEC. 340. SALMON RIVER COMMERCIAL OUTFITTER HUNTING

CAMPS. Section 3(a)(24) of Public Law 90–542 (16 U.S.C. sec. 1274) 

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

‘‘(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, 

299 

R12E, Boise Principal Meridian and at Smith Gulch located in section 27, T25N, R12E, Boise Principal Meridian 

shall continue to be authorized, subject to such reasonable 

regulation as the Secretary deems appropriate, including 

rules that would provide for termination for non-compliance, and if terminated, reoffering the site through a competitive process.’’. 

SEC. 341. (a) IN GENERAL.— 

(1) The Secretary of Agriculture and the Secretary of the Interior are authorized to make grants to the Eastern Nevada 

Landscape Coalition for the study and restoration of rangeland 

and other lands in Nevada’s Great Basin in order to help assure the reduction of hazardous fuels and for related purposes. 

(2) Notwithstanding 31 U.S.C. secs. 6301–6308, the Director of the Bureau of Land Management shall enter into a cooperative agreement with the Eastern Nevada Landscape Coalition for the Great Basin Restoration Project, including hazardous fuels and mechanical treatments and related work. 

(b) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 

to be appropriated such sums as are necessary to carry out this section. 

SEC. 342. (a) FINDINGS.— 

(1) In 1953, Public Land Order 899 (PLO 899) eliminated 

approximately 80 acres from the Tongass National Forest, for 

the Community of Elfin Cove, Alaska. From 1953 until 2001, 

the USDA Forest Service believed two small islets within the 

Elfin Cove Harbor (Lots 1 and 2 of U.S. Survey 13150, approximately 0.29 acres) were included as part of PLO 899. However, 

due to a Bureau of Land Management rule in effect when PLO 

899 was issued, ownership of unsurveyed, unmapped islets remained with the original landowner, in this case the United 

States. 

(2) These two islets are needed by the Community of Elfin 

Cove to resolve public health and safety problems. 

(3) The two islets serve no national forest purposes, but the 

Forest Service has no authority to transfer ownership of them 

to the Community of Elfin Cove, without receiving fair market 

value for the land interests. 

(4) Neither the Bureau of Land Management nor the Forest 

Service intended to retain federal ownership of these two islets, 

and they remained in ownership of the United States only 

through an inadvertent error. 

(5) Conveyance of these two islets from the United States to 

the Community of Elfin Cove, Alaska, without consideration, is 

in the public interest. 

(b) Based on the findings in subsection (a) and notwithstanding 

any other provision of law, Congress hereby authorizes and directs 

the Secretary of Agriculture to convey in fee simple without compensation, Lots 1 and 2 of U.S. Survey 13150, comprising approximately 0.29 acres, to the Community of Elfin Cove, Alaska. 

SEC. 343. (a) Notwithstanding any other provision of law, and 

until October 1, 2007, the Indian Health Service may not disburse 

funds for the provision of health care services pursuant to Public 

Law 93–638 (25 U.S.C. 450 et seq.) to any Alaska Native village or 

300 

Alaska Native village corporation that is located within the area 

served by an Alaska Native regional health entity. 

(b) Nothing in this section shall be construed to prohibit the 

disbursal of funds to any Alaska Native village or Alaska Native 

village corporation under any contract or compact entered into prior 

to May 1, 2004, or to prohibit the renewal of any such agreement. 

(c) For the purpose of this section, Eastern Aleutian Tribes, Inc. 

shall be treated as an Alaska Native regional health entity to whom 

funds may be disbursed under this section. 

SEC. 344. Notwithstanding any other provision of law and 

using funds previously appropriated for such purpose under Public 

Law 106–291 ($1,630,000) and Public Law 108–199 ($2,300,000), 

the National Park Service shall (1) not later than 60 days after enactment of this section purchase the seven parcels of real property 

in Seward, Alaska identified by Kenai Peninsula tax identification 

numbers 14910001, 14910002, 14911033, 14913005, 14913020, 

14913007, and 14913008 that have been selected for the administrative complex, visitor facility, plaza and related parking for the 

Kenai Fjords National Park and Chugach National Forest which 

shall hereafter be known as the Mary Lowell Center; and (2) transfer to the City of Seward any remaining balance of previously appropriated funds not necessary for property acquisition and design 

upon the vacation by the City of Seward of Washington Street between 4th Avenue and 5th Avenue and transfer of title of the appropriate portions thereof to the federal government, provided that the 

City of Seward uses any such funds for the related waterfront planning, pavilions, boardwalks, trails, or related purposes that compliment the new federal facility. 

SEC. 345. Section 331, of Public Law 106–113, is amended— 

(1) in part (a) by striking ‘‘2004’’ and inserting ‘‘2005’’; and 

(2) in part (b) by striking ‘‘2004’’ and inserting ‘‘2005.’’ 

SEC. 346. FEDERAL BUILDING, SANDPOINT, IDAHO. 

(a) DEFINITIONS.—In this section: 

(1) ADMINISTRATOR.—The term ‘‘Administrator’’ means the 

Administrator of General Services. 

(2) MAP.—The term ‘‘map’’ means the map that is— 

(A) entitled ‘‘Sandpoint Federal Building’’; 

(B) dated September 12, 2002; and 

(C) on file in— 

(i) the Office of the Chief of the Forest Service; and 

(ii) the Office of the Supervisor, Idaho National 

Forests, Coeur d’Alene, Idaho. 

(3) PROPERTY.—The term ‘‘property’’ means the Sandpoint 

Federal Building and approximately 3.17 acres of land in 

Sandpoint, Idaho, as depicted on the map. 

(4) SECRETARY.—The term ‘‘Secretary’’ means the Secretary 

of Agriculture, acting through the Chief of the Forest Service. 

(b) CONVEYANCE OF PROPERTY.— 

(1) IN GENERAL.—Notwithstanding subtitle I of title 40, 

United States Code, the Administrator may convey to the Secretary, all right, title, and interest of the United States in and 

to the property. 

(2) CONDITIONS.—The conveyance of the property under 

paragraph (1) shall be on a noncompetitive basis, for consideration, and subject to any other terms and conditions to which 

301 

the Administrator and the Secretary may agree, including a 

purchase period with multiple payments over multiple fiscal 

years. 

(3) SOURCE OF FUNDS.—The Secretary may use amounts 

made available to the Forest Service for any of fiscal years 2005 

through 2010 to acquire the property under paragraph (1). 

(c) SALE OR EXCHANGE OF PROPERTY.— 

(1) IN GENERAL.—Subject to paragraph (2), the Secretary 

may use, maintain, lease, sublease, sell, or exchange all or part 

of the property. 

(2) TERMS.—The sale or exchange of the property under 

paragraph (1) shall be for market value and subject to such 

terms as the Secretary determines to be in the public interest. 

(3) METHOD OF SALE OR EXCHANGE.—The sale or exchange 

of the property under paragraph (1) may be on a competitive or 

noncompetitive basis. 

(4) CONSIDERATION.—Consideration for the sale or exchange of the property may be in the form of cash, land, or improvements (including improvements to be constructed after the 

date of the sale or exchange). 

(5) DISPOSITION AND USE OF PROCEEDS.— 

(A) DISPOSITION OF PROCEEDS.—The Secretary shall 

deposit the proceeds derived from any lease, sublease, sale, 

exchange, or any other use or disposition of the property in 

the fund established by Public Law 90–171 (commonly 

known as the ‘‘Sisk Act’’) (16 U.S.C. 484a). 

(B) USE OF PROCEEDS.—Amounts deposited under subparagraph (A) shall be available to the Secretary, without 

further appropriation, until expended, for the construction 

and maintenance of Forest Service offices and related facilities on National Forest System land in the vicinity of 

Sandpoint, Idaho. 

SEC. 347. (a) SHORT TITLE.—This section may be cited as the 

‘‘Chris Zajicek Memorial Land Exchange Act of 2004’’. 

(b) NATIONAL FOREST SYSTEM LAND EXCHANGE IN THE STATE

OF FLORIDA.— 

(1) IN GENERAL.—Notwithstanding the effect of the wildfire 

known as the ‘‘Impassable 1 Fire’’ on the value of the land to 

be exchanged, the Secretary of Agriculture (acting through the 

Chief of the Forest Service) may carry out the exchange agreement entered into by the Forest Service and the Board of Trustees of the Internal Improvement Trust Fund of the State of 

Florida and dated March 5, 2004. 

(2) VALUATION.—For purposes of determining the value of 

the land to be exchanged under paragraph (1), the value of the 

land shall be considered to be the value of the land determined 

by the appraisal conducted on August 21, 2003. 

SEC. 348. (a) SHORT TITLE.—This section may be cited as the 

‘‘Grey Towers National Historic Site Act of 2004’’. 

(b) FINDINGS; PURPOSES; DEFINITIONS.— 

(1) FINDINGS.—Congress finds the following: 

(A) James and Mary Pinchot constructed a home and 

estate that is known as Grey Towers in Milford, Pennsylvania. 

302 

(B) James and Mary Pinchot were also the progenitors 

of a family of notable accomplishment in the history of the 

Commonwealth of Pennsylvania and the Nation, in particular, their son, Gifford Pinchot. 

(C) Gifford Pinchot was the first Chief of the Forest 

Service, a major influence in formulating and implementing forest conservation policies in the early 20th Century, and twice Governor of Pennsylvania. 

(D) During the early 20th century, James and Gifford 

Pinchot used Grey Towers and the environs to establish scientific forestry, to develop conservation leaders, and to formulate conservation principles, thus making this site one of 

the primary birthplaces of the American conservation movement. 

(E) In 1963, Gifford Bryce Pinchot, the son of Gifford 

and Cornelia Pinchot, donated Grey Towers and 102 acres 

to the Nation. 

(F) In 1963, President John F. Kennedy dedicated the 

Pinchot Institute for Conservation for the greater knowledge 

of land and its uses at Grey Towers National Historic 

Landmark, thereby establishing a partnership between the 

public and private sectors. 

(G) Grey Towers today is a place of historical significance where leaders in natural resource conservation meet, 

study, and share ideas, analyses, values, and philosophies, 

and is also a place where the public can learn and appreciate our conservation heritage. 

(H) As established by President Kennedy, the Pinchot 

Institute for Conservation, and the Forest Service at Grey 

Towers operate through an established partnership in developing and delivering programs that carry on Gifford 

Pinchot’s conservation legacy. 

(I) Grey Towers and associated structures in and 

around Milford, Pennsylvania, can serve to enhance regional recreational and educational opportunities. 

(2) PURPOSES.—The purposes of this section are as follows: 

(A) To honor and perpetuate the memory of Gifford 

Pinchot. 

(B) To promote the recreational and educational resources of Milford, Pennsylvania, and its environs. 

(C) To authorize the Secretary of Agriculture— 

(i) to further the scientific, policy analysis, educational, and cultural programs in natural resource 

conservation at Grey Towers; 

(ii) to manage the property and environs more efficiently and effectively; and 

(iii) to further collaborative ties with the Pinchot 

Institute for Conservation, and other Federal, State, 

and local agencies with shared interests. 

(3) DEFINITIONS.—For the purposes of this section: 

(A) ASSOCIATED PROPERTIES.—The term ‘‘Associated 

Properties’’ means lands and improvements outside of the 

Grey Towers National Historic Landmark within Pike 

County, Pennsylvania, and which were associated with 

303 

James and Mary Pinchot, the Yale School of Forestry, or 

the Forest Service. 

(B) GREY TOWERS.—The term ‘‘Grey Towers’’ means the 

buildings and surrounding area of approximately 303 

acres, including the 102 acres donated in 1963 to the 

United States and so designated that year. 

(C) HISTORIC SITE.—The term ‘‘Historic Site’’ means 

the Grey Towers National Historic Site, as so designated by 

this Act. 

(D) PINCHOT INSTITUTE.—The term ‘‘Pinchot Institute’’ 

means the Pinchot Institute for Conservation, a nonprofit 

corporation established under the laws of the District of Columbia. 

(E) SECRETARY.—The term ‘‘Secretary’’ means the Secretary of Agriculture. 

(c) DESIGNATION OF NATIONAL HISTORIC SITE.—Subject to valid 

existing rights, all lands and improvements formerly encompassed 

within the Grey Towers National Historic Landmark are designated 

as the ‘‘Grey Towers National Historic Site’’. 

(d) ADMINISTRATION.— 

(1) PURPOSES.—The Historic Site shall be administered for 

the following purposes: 

(A) Education, public demonstration projects, and research related to natural resource conservation, protection, 

management, and use. source conservation, protection, 

management, and use. 

(B) Leadership development within the natural resource professions and the Federal civil service. 

(C) Continuing Gifford Pinchot’s legacy through pursuit of new ideas, strategies, and solutions to natural resource issues that include economic, ecological, and social 

values. 

(D) Preservation, use, and maintenance of the buildings, grounds, facilities, and archives associated with Gifford Pinchot. 

(E) Study and interpretation of the life and works of 

Gifford Pinchot. 

(F) Public recreation and enjoyment. 

(G) Protection and enjoyment of the scenic and natural 

environs. 

(2) APPLICABLE LAWS.—The Secretary shall administer federally owned lands and interests in lands at the Historic Site 

and Associated Properties as components of the National Forest 

System in accordance with this Act, 16 U.S.C. 461 et seq. and 

other laws generally applicable to the administration of national historic sites, and the laws, rules, and regulations applicable to the National Forest System, except that the Forest and 

Rangeland Renewable Resources Planning Act of 1974 (16 

U.S.C. 1600, et seq.) shall not apply. 

(3) LAND ACQUISITION.—The Secretary is authorized to acquire, on a willing seller basis, by purchase, donation, exchange, or otherwise, privately owned lands and interests in 

lands, including improvements, within the Historic Site and the 

Associated Properties, using donated or appropriated funds. 

(4) GIFTS.— 

304 

(A) ACCEPTED BY ENTITIES OTHER THAN THE SEC- RETARY.—Subject to such terms and conditions as the Secretary may prescribe, any public or private agency, organization, institution, or individual may solicit, accept, and 

administer private gifts of money and real or personal 

property for the benefit of or in connection with, the activities and services at the Historic Site. 

(B) ACCEPTED BY THE SECRETARY.—Gifts may be accepted by the Secretary for the benefit of or in connection 

with, the activities and services at the Historic Site notwithstanding the fact that a donor conducts business with 

or is regulated by the Department of Agriculture in any capacity. 

(e) COOPERATIVE AUTHORITIES.— 

(1) GRANTS, CONTRACTS, AND COOPERATIVE AGREEMENTS.— 

The Secretary is authorized to enter into Agreements for grants, 

contracts, and cooperative agreements as appropriate with the 

Pinchot Institute, public and other private agencies, organizations, institutions, and individuals to provide for the development, administration, maintenance, or restoration of land, facilities, or Forest Service programs at Grey Towers or to otherwise further the purposes of this section. 

(2) INTERDEPARTMENTAL.—The Secretary and the Secretary 

of the Interior are authorized and encouraged to cooperate in 

promoting public use and enjoyment of Grey Towers and the 

Delaware Water Gap National Recreation Area and in otherwise furthering the administration and purposes for which both 

areas were designated. Such cooperation may include colocation 

and use of facilities within Associated Properties and elsewhere. 

(3) OTHER.—The Secretary may authorize use of the 

grounds and facilities of Grey Towers by the Pinchot Institute 

and other participating partners including Federal, State, and 

local agencies, on such terms and conditions as the Secretary 

may prescribe, including the waiver of special use authorizations and the waiver of rental and use fees. 

(f) FUNDS.— (1) FEES AND CHARGES.—The Secretary may impose reasonable fees and charges for admission to and use of facilities on 

Grey Towers. 

(2) SPECIAL FUND.—Any monies received by the Forest 

Service in administering Grey Towers shall be deposited into 

the Treasury of the United States and covered in a special fund 

called the Grey Towers National Historic Site Fund. Monies in 

the Grey Towers National Historic Site Fund shall be available 

until expended, without further appropriation, for support of 

programs of Grey Towers, and any other expenses incurred in 

the administration of Grey Towers. 

(g) MAP.—The Secretary shall produce and keep for public inspection a map of the Historic Site and associated properties within 

Pike County, Pennsylvania, which were associated with James and 

Mary Pinchot, the Yale School of Forestry, or the Forest Service. 

(h) SAVINGS PROVISION.—Nothing in this section shall be 

deemed to diminish the authorities of the Secretary under the Cooperative Forestry Assistance Act or any other law pertaining to the 

National Forest System. 

305 

SEC. 349. (a) SHORT TITLE.—This section may be cited as the 

‘‘Montana National Forests Boundary Adjustment Act of 2004’’. 

(b) DEFINITIONS.—In this section: 

(1) FORESTS.—The term ‘‘Forests’’ means the Helena National Forest, Lolo National Forest, and Beaverhead-Deerlodge 

National Forest in the State of Montana. 

(2) MAP.—The term ‘‘map’’ means— 

(A) the map entitled ‘‘Helena National Forest Boundary 

Adjustment Northern Region, USDA Forest Service’’ and 

dated September 13, 2004; 

(B) the map entitled ‘‘Lolo National Forest Boundary 

Adjustment Northern Region, USDA Forest Service’’ and 

dated September 13, 2004; and 

(C) the map entitled ‘‘Deerlodge National Forest 

Boundary Adjustment Northern Region USDA Forest Service’’ and dated September 13, 2004. 

(3) SECRETARY.—The term ‘‘Secretary’’ means the Secretary 

of Agriculture. 

(c) HELENA, LOLO, AND BEAVERHEAD-DEERLODGE NATIONAL

FORESTS BOUNDARY ADJUSTMENT.— 

(1) IN GENERAL.—The boundaries of the Forests are modified as depicted on the maps. 

(2) MAPS.— 

(A) AVAILABILITY.—The maps shall be on file and 

available for public inspection in— 

(i) the Office of the Chief of the Forest Service; and 

(ii) the office of the Regional Forester, Missoula, 

Montana. 

(B) CORRECTION AUTHORITY.—The Secretary may make 

technical corrections to the maps. 

(3) ADMINISTRATION.—Any land or interest in land acquired within the boundaries of the Forests for National Forest 

System purposes shall be managed in accordance with— 

(A) the Act of March 1, 1911 (commonly known as the 

‘‘Weeks Law’’) (16 U.S.C. 480 et seq.); and 

(B) the laws (including regulations) applicable to the 

National Forest System. 

(4) LAND AND WATER CONSERVATION FUND.—For purposes 

of section 7 of the Land and Water Conservation Fund Act of 

1965 (16 U.S.C. 460l–9), the boundaries of the Forests, as adjusted under paragraph (1), shall be considered to be the 

boundaries of the Forests as of January 1, 1965. 

(5) EFFECT.—Nothing in this section limits the authority of 

the Secretary to adjust the boundaries of the Forests under section 11 of the Act of March 1, 1911 (16 U.S.C. 521). 

SEC. 350. In addition to amounts provided to the Department 

of the Interior in this Act, $5,000,000 is provided for a grant to Kendall County, Illinois. 

306 

TITLE IV—SUPPLEMENTAL APPROPRIATIONS FOR URGENT 

WILDLAND FIRE SUPPRESSION ACTIVITIES 

DEPARTMENT OF THE INTERIOR 

BUREAU OF LAND MANAGEMENT

WILDLAND FIRE MANAGEMENT

For an additional amount for ‘‘Wildland Fire Management’’, 

$100,000,000, to remain available until expended, for urgent 

wildland fire suppression activities pursuant to section 312 of S. 

Con. Res. 95 (108th Congress) as made applicable to the House of 

Representatives by H. Res. 649 (108th Congress) and applicable to 

the Senate by section 14007 of Public Law 108–287: Provided, That 

such funds shall only become available if funds provided for 

wildland fire suppression in Title I of this Act will be exhausted imminently and the Secretary of the Interior notifies the House and 

Senate Committees on Appropriations and the House and Senate 

Committees on the Budget in writing of the need for these additional funds: Provided further, That such funds are also available 

for repayment to other appropriation accounts from which funds 

were transferred for wildfire suppression: Provided further, That 

cost containment measures shall be implemented within this account for fiscal year 2005, and the Secretary of the Interior and the 

Secretary of Agriculture shall submit a joint report to the Committees on Appropriations of the Senate and the House of Representatives on such cost containment measures by December 31, 2005: Provided further, That Public Law 108–287, Title X, Chapter 3 is 

amended under the heading ‘‘Department of the Interior, Bureau of 

Land Management, Wildland Fire Management’’, by striking the 

phrases ‘‘for fiscal year 2004’’ and ‘‘related to the fiscal year 2004 

fire season’’ in the text preceding the first proviso. 

DEPARTMENT OF AGRICULTURE 

FOREST SERVICE

WILDLAND FIRE MANAGEMENT

For an additional amount for ‘‘Wildland Fire Management’’, 

$400,000,000, to remain available until expended, for urgent 

wildland fire suppression activities pursuant to section 312 of S. 

Con. Res. 95 (108th Congress) as made applicable to the House of 

Representatives by H. Res. 649 (108th Congress) and applicable to 

the Senate by section 14007 of Public Law 108–287: Provided, That 

such funds shall only become available if funds provided for 

wildland fire suppression in Title II of this Act will be exhausted 

imminently and the Secretary of Agriculture notifies the House and 

Senate Committees on Appropriations and the House and Senate 

Committees on the Budget in writing of the need for these additional funds: Provided further, That such funds are also available 

for repayment to other appropriation accounts from which funds 

were transferred for wildfire suppression: Provided further, That 

cost containment measures shall be implemented within this account for fiscal year 2005, and the Secretary of Agriculture and the 

Secretary of the Interior shall submit a joint report to the CommitVerDate Aug 04 2004 07:33 Dec 01, 2004 Jkt 096906 PO 00000 Frm 00310 Fmt 6659 Sfmt 6603 E:\HR\OC\HR792.XXX HR792
307 

tees on Appropriations of the Senate and the House of Representatives on such cost containment measures by December 31, 2005: Provided further, That the Secretary of Agriculture shall establish an 

independent cost-control review panel to examine and report on fire 

suppression costs for individual wildfire incidents that exceed 

$10,000,000 in cost: Provided further, That if the independent review panel report finds that appropriate actions were not taken to 

control suppression costs for one or more such wildfire incidents, 

then an amount equal to the aggregate estimated excess costs of suppressing those wildfire incidents shall be transferred to the Treasury 

from unobligated balances remaining at the end of fiscal year 2005 

in the Wildland Fire Management account: Provided further, That 

Public Law 108–287, Title X, Chapter 3 is amended under the heading, ‘‘Department of Agriculture, Forest Service, Wildland Fire Management’’, by striking the phrases ‘‘for fiscal year 2004’’ and ‘‘related 

to the fiscal year 2004 fire season’’ in the text preceding the first proviso. 

TITLE V 

SEC. 501. (a) ACROSS-THE-BOARD RESCISSIONS.—there is hereby 

rescinded an amount equal to 0.594 percent of— 

(1) the budget authority provided for fiscal year 2005 for 

any discretionary account in this Act; and 

(2) the budget authority provided in any advance appropriation for fiscal year 2005 for any discretionary account in 

the Department of the Interior and Related Agencies Appropriations Act, 2004. 

(b) PROPORTIONATE APPLICATION.—Any rescission made by subsection (a) shall be applied proportionately— 

(1) to each discretionary account and each item of budget 

authority described in subsection (a); and 

(2) within each such account and item, to each program, 

project, and activity (with programs, projects, and activities as 

delineated in the appropriation Act or accompanying reports for 

the relevant fiscal year covering such account or item, or for accounts and items not included in appropriation Acts, as delineated in the most recently submitted President’s budget). 

(c) INDIAN LAND AND WATER CLAIM SETTLEMENTS.—Under the 

heading ‘‘Bureau of Indian Affairs, Indian Land and Water cla8im 

Settlements and Miscellaneous Payments to Indians’’, the acrossthe-board rescission in this section, and any subsequent across-theboard 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’’. 

308 

DIVISION F—DEPARTMENTS OF LABOR, HEALTH AND 

HUMAN SERVICES, AND EDUCATION, AND RELATED 

AGENCIES APPROPRIATIONS ACT, 2005 

TITLE I—DEPARTMENT OF LABOR 

EMPLOYMENT AND TRAINING ADMINISTRATION

TRAINING AND EMPLOYMENT SERVICES

(INCLUDING RESCISSION)

For necessary expenses of the Workforce Investment Act of 1998, 

including the purchase and hire of passenger motor vehicles, the 

construction, alteration, and repair of buildings and other facilities, 

and the purchase of real property for training centers as authorized 

by such Act; $2,898,957,000 plus reimbursements, of which 

$1,885,794,000 is available for obligation for the period July 1, 

2005 through June 30, 2006; except that amounts determined by the 

Secretary of Labor to be necessary pursuant to sections 173(a)(4)(A) 

and 174(c) of such Act shall be available from October 1, 2004 until 

expended; of which $994,242,000 is available for obligation for the 

period April 1, 2005 through June 30, 2006, to carry out chapter 4 

of the Act; and of which $16,321,000 is available for the period July 

1, 2005 through June 30, 2008 for necessary expenses of construction, rehabilitation, and acquisition of Job Corps centers: Provided, 

That notwithstanding any other provision of law, of the funds provided herein under section 137(c) of the Workforce Investment Act 

of 1998, $283,371,000 shall be for activities described in section 

132(a)(2)(A) of such Act and $1,196,048,000 shall be for activities 

described in section 132(a)(2)(B) of such Act: Provided further, That 

$250,000,000 shall be available for Community-Based Job Training 

Grants, of which $125,000,000 shall be from funds reserved under 

section 132(a)(2)(A) of the Workforce Investment Act of 1998 and 

shall be used to carry out such grants under section 171(d) of such 

Act, except that the 10 percent limitation otherwise applicable to the 

amount of funds that may be used to carry out section 171(d) shall 

not be applicable to funds used for Community-Based Job Training 

grants: Provided further, That funds provided to carry out section 

132(a)(2)(A) of the Workforce Investment Act of 1998 may be used 

to provide assistance to a State for state-wide or local use in order 

to address cases where there have been worker dislocations across 

multiple sectors or across multiple local areas and such workers remain dislocated; coordinate the State workforce development plan 

with emerging economic development needs; and train such eligible 

dislocated workers: Provided further, That $8,000,000 shall be for 

carrying out section 172 of the Workforce Investment Act of 1998: 

Provided further, That, notwithstanding any other provision of law 

or related regulation, $76,874,000 shall be for carrying out section 

167 of the Workforce Investment Act of 1998, including $71,787,000 

for formula grants, $4,583,000 for migrant and seasonal housing (of 

which not less than 70 percent shall be for permanent housing), and 

$504,000 for other discretionary purposes: Provided further, That 

notwithstanding the transfer limitation under section 133(b)(4) of 

such Act, up to 30 percent of such funds may be transferred by a 

local board if approved by the Governor: Provided further, That 

funds provided to carry out section 171(d) of the Workforce InvestVerDate Aug 04 2004 07:33 Dec 01, 2004 Jkt 096906 PO 00000 Frm 00312 Fmt 6659 Sfmt 6603 E:\HR\OC\HR792.XXX HR792
309 

ment Act of 1998 may be used for demonstration projects that provide assistance to new entrants in the workforce and incumbent 

workers: Provided further, That funding provided to carry out 

projects under section 171 of the Workforce Investment Act of 1998 

that are identified in the Conference Agreement, shall not be subject 

to the requirements of section 171(b)(2)(B) of such Act, the requirements of section 171(c)(4)(D) of such Act, the joint funding requirements of sections 171(b)(2)(A) and 171(c)(4)(A) of such Act, or any 

time limit requirements of sections 171(b)(2)(C) and 171(c)(4)(B) of 

such Act: Provided further, That no funds from any other appropriation shall be used to provide meal services at or for Job Corps 

centers. 

For necessary expenses of the Act, including the purchase and 

hire of passenger motor vehicles, the construction, alteration, and 

repair of buildings and other facilities, and the purchase of real 

property for training centers as authorized by the Act; 

$2,463,000,000 plus reimbursements, of which $2,363,000,000 is 

available for obligation for the period October 1, 2005 through June 

30, 2006, and of which $100,000,000 is available for the period October 1, 2005 through June 30, 2008, for necessary expenses of construction, rehabilitation, and acquisition of Job Corps centers. 

Of the funds provided under this heading in Public Law 108– 199 for the Employment and Training Administration, $2,200,000 

shall be for a non-competitive grant to the AFL–CIO Appalachian 

Council, Incorporated, and shall be awarded no later than January 

31, 2005. 

Of the funds provided under this heading in Public Law 108– 199 for the Employment and Training Administration $1,500,000 

shall be for a non-competitive grant to the AFL–CIO Working for 

America Institute, and shall be awarded no later than January 31, 

2005. 

Of the funds provided under this heading in Public Law 108– 199 for the Employment and Training Administration, $4,000,000 

shall be for a non-competitive grant to the Black Clergy of Philadelphia and Vicinity, and shall be awarded no later than January 31, 

2005. 

Of the funds provided under this heading in Public Law 108– 

199 for the Employment and Training Administration, $2,600,000 

shall be for a non-competitive grant to the National Center on Education and the Economy, and shall be awarded no later than January 31, 2005. 

Notwithstanding any other provision of law, funds awarded 

under grants to the State of Tennessee for Workforce Essentials, Inc. 

in Clarksville, Tennessee on June 29, 2004, and to Hampton Roads 

on behalf of the Hampton Roads Workforce Development Board in 

Norfolk, Virginia on June 30, 2001, pursuant to section 173 of the 

Workforce Investment Act of 1998 (29 U.S.C. 2918), may be used to 

provide services to spouses of members of the armed forces. 

The Secretary of Labor shall take no action to amend, through 

regulatory or administration action, the definition established in 20 

CFR 667.220 for functions and activities under title I of the Workforce Investment Act of 1998 until such time as legislation reauthorizing the Act is enacted. 

Of the unobligated funds contained in the H–1B Nonimmigrant 

Petitioner Account that are available to the Secretary of Labor purVerDate Aug 04 2004 07:33 Dec 01, 2004 Jkt 096906 PO 00000 Frm 00313 Fmt 6659 Sfmt 6603 E:\HR\OC\HR792.XXX HR792
310 

suant to section 286(s)(2) of the Immigration and Nationality Act (8 

U.S.C. 1356(s)(2)), $100,000,000 are rescinded. 

COMMUNITY SERVICE EMPLOYMENT FOR OLDER AMERICANS

To carry out title V of the Older Americans Act of 1965, as 

amended, $440,200,000. 

FEDERAL UNEMPLOYMENT BENEFITS AND ALLOWANCES

For payments during the current fiscal year of trade adjustment 

benefit payments and allowances under part I and section 246; and 

for training, allowances for job search and relocation, and related 

State administrative expenses under part II of chapter 2, title II of 

the Trade Act of 1974 (including the benefits and services described 

under sections 123(c)(2) and 151(b) and (c) of the Trade Adjustment 

Assistance Reform Act of 2002, Public Law 107–210), 

$1,057,300,000, together with such amounts as may be necessary to 

be charged to the subsequent appropriation for payments for any period subsequent to September 15 of the current year. 

STATE UNEMPLOYMENT INSURANCE AND EMPLOYMENT SERVICE

OPERATIONS

For authorized administrative expenses, $141,934,000, together 

with not to exceed $3,524,301,000 (including not to exceed 

$1,228,000 which may be used for amortization payments to States 

which had independent retirement plans in their State employment 

service agencies prior to 1980), which may be expended from the 

Employment Security Administration Account in the Unemployment 

Trust Fund including the cost of administering section 51 of the Internal Revenue Code of 1986, as amended, section 7(d) of the Wagner-Peyser Act, as amended, the Trade Act of 1974, as amended, the 

Immigration Act of 1990, and the Immigration and Nationality Act, 

as amended, and of which the sums available in the allocation for 

activities authorized by title III of the Social Security Act, as 

amended (42 U.S.C. 502–504), and the sums available in the allocation for necessary administrative expenses for carrying out 5 U.S.C. 

8501–8523, shall be available for obligation by the States through 

December 31, 2005, except that funds used for automation acquisitions shall be available for obligation by the States through September 30, 2007; of which $141,934,000, together with not to exceed 

$763,587,000 of the amount which may be expended from said trust 

fund, shall be available for obligation for the period July 1, 2005 

through June 30, 2006, to fund activities under the Act of June 6, 

1933, as amended, including the cost of penalty mail authorized 

under 39 U.S.C. 3202(a)(1)(E) made available to States in lieu of 

allotments for such purpose: Provided, That to the extent that the 

Average Weekly Insured Unemployment (AWIU) for fiscal year 2005 

is projected by the Department of Labor to exceed 3,227,000, an additional $28,600,000 shall be available for obligation for every 

100,000 increase in the AWIU level (including a pro rata amount 

for any increment less than 100,000) from the Employment Security 

Administration Account of the Unemployment Trust Fund: Provided 

further, That funds appropriated in this Act which are used to establish a national one-stop career center system, or which are used 

to support the national activities of the Federal-State unemployment 

311 

insurance or immigration programs, may be obligated in contracts, 

grants or agreements with non-State entities: Provided further, That 

funds appropriated under this Act for activities authorized under 

the Wagner-Peyser Act, as amended, and title III of the Social Security Act, may be used by the States to fund integrated Employment 

Service and Unemployment Insurance automation efforts, notwithstanding cost allocation principles prescribed under Office of Management and Budget Circular A–87. 

ADVANCES TO THE UNEMPLOYMENT TRUST FUND AND OTHER FUNDS

For repayable advances to the Unemployment Trust Fund as 

authorized by sections 905(d) and 1203 of the Social Security Act, 

as amended, and to the Black Lung Disability Trust Fund as authorized by section 9501(c)(1) of the Internal Revenue Code of 1954, 

as amended; and for nonrepayable advances to the Unemployment 

Trust Fund as authorized by section 8509 of title 5, United States 

Code, and to the ‘‘Federal unemployment benefits and allowances’’ 

account, to remain available until September 30, 2006, 

$517,000,000. 

In addition, for making repayable advances to the Black Lung 

Disability Trust Fund in the current fiscal year after September 15, 

2005, for costs incurred by the Black Lung Disability Trust Fund 

in the current fiscal year, such sums as may be necessary. 

PROGRAM ADMINISTRATION

For expenses of administering employment and training programs, $113,810,000, together with not to exceed $57,663,000, which 

may be expended from the Employment Security Administration Account in the Unemployment Trust Fund. 

EMPLOYEE BENEFITS SECURITY ADMINISTRATION

SALARIES AND EXPENSES

For necessary expenses for the Employee Benefits Security Administration, $132,345,000. 

PENSION BENEFIT GUARANTY CORPORATION

PENSION BENEFIT GUARANTY CORPORATION FUND

The Pension Benefit Guaranty Corporation is authorized to 

make such expenditures, including financial assistance authorized 

by section 104 of Public Law 96–364, within limits of funds and 

borrowing authority available to such Corporation, and in accord 

with law, and to make such contracts and commitments without regard to fiscal year limitations as provided by section 104 of the Government Corporation Control Act, as amended (31 U.S.C. 9104), as 

may be necessary in carrying out the program, including associated 

administrative expenses, through September 30, 2005 for such Corporation: Provided, That none of the funds available to the Corporation for fiscal year 2005 shall be available for obligations for administrative expenses in excess of $266,330,000: Provided further, 

That obligations in excess of such amount may be incurred after approval by the Office of Management and Budget and the Committees on Appropriations of the House and Senate. 

312 

EMPLOYMENT STANDARDS ADMINISTRATION

SALARIES AND EXPENSES

For necessary expenses for the Employment Standards Administration, including reimbursement to State, Federal, and local 

agencies and their employees for inspection services rendered, 

$402,305,000, together with $2,040,000 which may be expended 

from the Special Fund in accordance with sections 39(c), 44(d) and 

44(j) of the Longshore and Harbor Workers’ Compensation Act: Provided, That $1,250,000 shall be for the development of an alternative system for the electronic submission of reports required to be 

filed under the Labor-Management Reporting and Disclosure Act of 

1959, as amended, and for a computer database of the information 

for each submission by whatever means, that is indexed and easily 

searchable by the public via the Internet: Provided further, That the 

Secretary of Labor is authorized to accept, retain, and spend, until 

expended, in the name of the Department of Labor, all sums of 

money ordered to be paid to the Secretary of Labor, in accordance 

with the terms of the Consent Judgment in Civil Action No. 91– 

0027 of the United States District Court for the District of the 

Northern Mariana Islands (May 21, 1992): Provided further, That 

the Secretary of Labor is authorized to establish and, in accordance 

with 31 U.S.C. 3302, collect and deposit in the Treasury fees for 

processing applications and issuing certificates under sections 11(d) 

and 14 of the Fair Labor Standards Act of 1938, as amended (29 

U.S.C. 211(d) and 214) and for processing applications and issuing 

registrations under title I of the Migrant and Seasonal Agricultural 

Worker Protection Act (29 U.S.C. 1801 et seq.). 

SPECIAL BENEFITS

(INCLUDING TRANSFER OF FUNDS)

For the payment of compensation, benefits, and expenses (except 

administrative expenses) accruing during the current or any prior 

fiscal year authorized by title 5, chapter 81 of the United States 

Code; continuation of benefits as provided for under the heading 

‘‘Civilian War Benefits’’ in the Federal Security Agency Appropriation Act, 1947; the Employees’ Compensation Commission Appropriation Act, 1944; sections 4(c) and 5(f) of the War Claims Act of 

1948 (50 U.S.C. App. 2012); and 50 percent of the additional compensation and benefits required by section 10(h) of the Longshore 

and Harbor Workers’ Compensation Act, as amended, $233,000,000, 

together with such amounts as may be necessary to be charged to 

the subsequent year appropriation for the payment of compensation 

and other benefits for any period subsequent to August 15 of the 

current year: Provided, That amounts appropriated may be used 

under section 8104 of title 5, United States Code, by the Secretary 

of Labor to reimburse an employer, who is not the employer at the 

time of injury, for portions of the salary of a reemployed, disabled 

beneficiary: Provided further, That balances of reimbursements unobligated on September 30, 2004, shall remain available until expended for the payment of compensation, benefits, and expenses: 

Provided further, That in addition there shall be transferred to this 

appropriation from the Postal Service and from any other corporation or instrumentality required under section 8147(c) of title 5, 

313 

United States Code, to pay an amount for its fair share of the cost 

of administration, such sums as the Secretary determines to be the 

cost of administration for employees of such fair share entities 

through September 30, 2005: Provided further, That of those funds 

transferred to this account from the fair share entities to pay the 

cost of administration of the Federal Employees’ Compensation Act, 

$39,668,000 shall be made available to the Secretary as follows: (1) 

for enhancement and maintenance of automated data processing 

systems and telecommunications systems, $12,351,000; (2) for automated workload processing operations, including document imaging, centralized mail intake and medical bill processing, 

$14,221,000; (3) for periodic roll management and medical review, 

$13,096,000; and (4) the remaining funds shall be paid into the 

Treasury as miscellaneous receipts: Provided further, That the Secretary may require that any person filing a notice of injury or a 

claim for benefits under chapter 81 of title 5, United States Code, 

or 33 U.S.C. 901 et seq., provide as part of such notice and claim, 

such identifying information (including Social Security account 

number) as such regulations may prescribe. 

SPECIAL BENEFITS FOR DISABLED COAL MINERS

For carrying out title IV of the Federal Mine Safety and Health 

Act of 1977, as amended by Public Law 107–275, (the ‘‘Act’’), 

$276,000,000, to remain available until expended. 

For making after July 31 of the current fiscal year, benefit payments to individuals under title IV of the Act, for costs incurred in 

the current fiscal year, such amounts as may be necessary. 

For making benefit payments under title IV for the first quarter 

of fiscal year 2006, $81,000,000, to remain available until expended. 

ADMINISTRATIVE EXPENSES, ENERGY EMPLOYEES OCCUPATIONAL

ILLNESS COMPENSATION FUND

(INCLUDING TRANSFER OF FUNDS)

For necessary expenses to administer the Energy Employees Occupational Illness Compensation Act, $40,821,000, to remain available until expended: Provided, That the Secretary of Labor is authorized to transfer to any executive agency with authority under the 

Energy Employees Occupational Illness Compensation Act, including within the Department of Labor, such sums as may be necessary 

in fiscal year 2005 to carry out those authorities: Provided further, 

That the Secretary may require that any person filing a claim for 

benefits under the Act provide as part of such claim, such identifying information (including Social Security account number) as 

may be prescribed. 

BLACK LUNG DISABILITY TRUST FUND

(INCLUDING TRANSFER OF FUNDS)

In fiscal year 2005 and thereafter, such sums as may be necessary from the Black Lung Disability Trust Fund, to remain available until expended, for payment of all benefits authorized by section 9501(d)(1), (2), (4), and (7) of the Internal Revenue Code of 

1954, as amended; and interest on advances, as authorized by section 9501(c)(2) of that Act. In addition, the following amounts shall 

314 

be available from the Fund for fiscal year 2005 for expenses of operation and administration of the Black Lung Benefits program, as 

authorized by section 9501(d)(5): $32,646,000 for transfer to the Employment Standards Administration, ‘‘Salaries and Expenses’’; 

$23,705,000 for transfer to Departmental Management, ‘‘Salaries 

and Expenses’’; $342,000 for transfer to Departmental Management, 

‘‘Office of Inspector General’’; and $356,000 for payments into miscellaneous receipts for the expenses of the Department of the Treasury. 

OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION

SALARIES AND EXPENSES

For necessary expenses for the Occupational Safety and Health 

Administration, $468,109,000, including not to exceed $91,747,000 

which shall be the maximum amount available for grants to States 

under section 23(g) of the Occupational Safety and Health Act (the 

‘‘Act’’), which grants shall be no less than 50 percent of the costs of 

State occupational safety and health programs required to be incurred under plans approved by the Secretary under section 18 of 

the Act; and, in addition, notwithstanding 31 U.S.C. 3302, the Occupational Safety and Health Administration may retain up to 

$750,000 per fiscal year of training institute course tuition fees, otherwise authorized by law to be collected, and may utilize such sums 

for occupational safety and health training and education grants: 

Provided, That, notwithstanding 31 U.S.C. 3302, the Secretary of 

Labor is authorized, during the fiscal year ending September 30, 

2005, to collect and retain fees for services provided to Nationally 

Recognized Testing Laboratories, and may utilize such sums, in accordance with the provisions of 29 U.S.C. 9a, to administer national 

and international laboratory recognition programs that ensure the 

safety of equipment and products used by workers in the workplace: 

Provided further, That none of the funds appropriated under this 

paragraph shall be obligated or expended to prescribe, issue, administer, or enforce any standard, rule, regulation, or order under the 

Act which is applicable to any person who is engaged in a farming 

operation which does not maintain a temporary labor camp and employs 10 or fewer employees: Provided further, That no funds appropriated under this paragraph shall be obligated or expended to administer or enforce any standard, rule, regulation, or order under 

the Act with respect to any employer of 10 or fewer employees who 

is included within a category having a Days Away, Restricted, or 

Transferred (DART) occupational injury and illness rate, at the 

most precise industrial classification code for which such data are 

published, less than the national average rate as such rates are 

most recently published by the Secretary, acting through the Bureau 

of Labor Statistics, in accordance with section 24 of that Act (29 

U.S.C. 673), except— 

(1) to provide, as authorized by such Act, consultation, technical assistance, educational and training services, and to conduct surveys and studies; 

(2) to conduct an inspection or investigation in response to 

an employee complaint, to issue a citation for violations found 

during such inspection, and to assess a penalty for violations 

315 

which are not corrected within a reasonable abatement period 

and for any willful violations found; 

(3) to take any action authorized by such Act with respect 

to imminent dangers; 

(4) to take any action authorized by such Act with respect 

to health hazards; 

(5) to take any action authorized by such Act with respect 

to a report of an employment accident which is fatal to one or 

more employees or which results in hospitalization of two or 

more employees, and to take any action pursuant to such investigation authorized by such Act; and 

(6) to take any action authorized by such Act with respect 

to complaints of discrimination against employees for exercising 

rights under such Act: 

Provided further, That the foregoing proviso shall not apply to any 

person who is engaged in a farming operation which does not maintain a temporary labor camp and employs 10 or fewer employees: 

Provided further, That not less than $3,200,000 shall be used to extend funding for the Institutional Competency Building training 

grants which commenced in September 2000, for program activities 

for the period of September 30, 2005 to September 30, 2006, provided that a grantee has demonstrated satisfactory performance: 

Provided further, That none of the funds appropriated under this 

paragraph shall be obligated or expended to administer or enforce 

the provisions of 29 CFR 1910.134(f)(2) (General Industry Respiratory Protection Standard) to the extent that such provisions require the annual fit testing (after the initial fit testing) of respirators for occupational exposure to tuberculosis. 

MINE SAFETY AND HEALTH ADMINISTRATION

SALARIES AND EXPENSES

For necessary expenses for the Mine Safety and Health Admin- istration, $281,535,000, including purchase and bestowal of certificates and trophies in connection with mine rescue and first-aid 

work, and the hire of passenger motor vehicles, including up to 

$2,000,000 for mine rescue and recovery activities; in addition, not 

to exceed $750,000 may be collected by the National Mine Health 

and Safety Academy for room, board, tuition, and the sale of training materials, otherwise authorized by law to be collected, to be 

available for mine safety and health education and training activities, notwithstanding 31 U.S.C. 3302; and, in addition, the Mine 

Safety and Health Administration may retain up to $1,000,000 from 

fees collected for the approval and certification of equipment, materials, and explosives for use in mines, and may utilize such sums 

for such activities; the Secretary is authorized to accept lands, 

buildings, equipment, and other contributions from public and private sources and to prosecute projects in cooperation with other 

agencies, Federal, State, or private; the Mine Safety and Health Administration is authorized to promote health and safety education 

and training in the mining community through cooperative programs with States, industry, and safety associations; and any funds 

available to the department may be used, with the approval of the 

Secretary, to provide for the costs of mine rescue and survival operations in the event of a major disaster. 

316 

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 WagnerPeyser Act (29 U.S.C. 49l–2). 

OFFICE OF DISABILITY EMPLOYMENT POLICY

SALARIES AND EXPENSES

For necessary expenses for the Office of Disability Employment 

Policy to provide leadership, develop policy and initiatives, and 

award grants furthering the objective of eliminating barriers to the 

training and employment of people with disabilities, $47,555,000. 

DEPARTMENTAL MANAGEMENT

SALARIES AND EXPENSES

For necessary expenses for Departmental Management, including the hire of three sedans, and including the management or operation, through contracts, grants or other arrangements of Departmental activities conducted by or through the Bureau of International Labor Affairs, including bilateral and multilateral technical assistance and other international labor activities, 

$323,108,000, of which, $7,000,000, to remain available until September 30, 2006, is for Frances Perkins Building Security Enhancements, and $30,000,000 is for the acquisition of Departmental information technology, architecture, infrastructure, equipment, software 

and related needs, which will be allocated by the Department’s 

Chief Information Officer in accordance with the Department’s capital investment management process to assure a sound investment 

strategy; together with not to exceed $314,000, which may be expended from the Employment Security Administration Account in 

the Unemployment Trust Fund: Provided, That no funds made 

available by this Act may be used by the Solicitor of Labor to participate in a review in any United States court of appeals of any decision made by the Benefits Review Board under section 21 of the 

Longshore and Harbor Workers’ Compensation Act (33 U.S.C. 921) 

where such participation is precluded by the decision of the United 

States Supreme Court in Director, Office of Workers’ Compensation 

Programs v. Newport News Shipbuilding, 115 S. Ct. 1278 (1995), 

notwithstanding any provisions to the contrary contained in Rule 15 

of the Federal Rules of Appellate Procedure: Provided further, That 

no funds made available by this Act may be used by the Secretary 

of Labor to review a decision under the Longshore and Harbor 

Workers’ Compensation Act (33 U.S.C. 901 et seq.) that has been appealed and that has been pending before the Benefits Review Board 

for more than 12 months: Provided further, That any such decision 

pending a review by the Benefits Review Board for more than 1 year 

shall be considered affirmed by the Benefits Review Board on the 

317 

1–year anniversary of the filing of the appeal, and shall be considered the final order of the Board for purposes of obtaining a review 

in the United States courts of appeals: Provided further, That these 

provisions shall not be applicable to the review or appeal of any decision issued under the Black Lung Benefits Act (30 U.S.C. 901 et 

seq.). 

VETERANS EMPLOYMENT AND TRAINING

Not to exceed $195,098,000 may be derived from the Employment Security Administration Account in the Unemployment Trust 

Fund to carry out the provisions of 38 U.S.C. 4100–4110A, 4212, 

4214, and 4321–4327, and Public Law 103–353, and which shall be 

available for obligation by the States through December 31, 2005, 

of which $2,000,000 is for the National Veterans’ Employment and 

Training Services Institute. To carry out the Homeless Veterans Reintegration Programs (38 U.S.C. 2021) and the Veterans Workforce 

Investment Programs (29 U.S.C. 2913), $29,550,000, of which 

$8,550,000 shall be available for obligation for the period July 1, 

2005 through June 30, 2006. 

OFFICE OF INSPECTOR GENERAL

For salaries and expenses of the Office of Inspector General in 

carrying out the provisions of the Inspector General Act of 1978, as 

amended, $64,029,000, together with not to exceed $5,561,000, 

which may be expended from the Employment Security Administration Account in the Unemployment Trust Fund. 

WORKING CAPITAL FUND

For the acquisition of a new core accounting system for the Department of Labor, including hardware and software infrastructure 

and the costs associated with implementation thereof, $10,000,000. 

GENERAL PROVISIONS

SEC. 101. None of the funds appropriated in this title for the 

Job Corps shall be used to pay the compensation of an individual, 

either as direct costs or any proration as an indirect cost, at a rate 

in excess of Executive Level II. 

(TRANSFER OF FUNDS)

SEC. 102. Not to exceed 1 percent of any discretionary funds 

(pursuant to the Balanced Budget and Emergency Deficit Control 

Act of 1985, as amended) which are appropriated for the current fiscal year for the Department of Labor in this Act may be transferred 

between a program, project, or activity, but no such program, 

project, or activity shall be increased by more than 3 percent by any 

such transfer: Provided, That the Appropriations Committees of 

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

any transfer. 

SEC. 103. In accordance with Executive Order No. 13126, none 

of the funds appropriated or otherwise made available pursuant to 

this Act shall be obligated or expended for the procurement of goods 

mined, produced, manufactured, or harvested or services rendered, 

whole or in part, by forced or indentured child labor in industries 

318 

and host countries already identified by the United States Department of Labor prior to enactment of this Act. 

SEC. 104. There is authorized to be appropriated such sums as 

may be necessary to the Denali Commission through the Department of Labor to conduct job training of the local workforce where 

Denali Commission projects will be constructed. 

SEC. 105. Not later than 45 days after the date of enactment of 

this Act, the Secretary of Labor shall issue a monthly transit subsidy of not less than the amount each of its employees of the National Capital Region is eligible to receive, not to exceed a maximum 

of $100, as directed by Executive Order 13150. 

SEC. 106. The Department of Labor shall submit its fiscal year 

2006 congressional budget justifications to the Committees on Appropriations of the House of Representatives and the Senate in the 

format as they were prepared prior to fiscal year 2003. 

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

TITLE II—DEPARTMENT OF HEALTH AND HUMAN 

SERVICES 

HEALTH RESOURCES AND SERVICES ADMINISTRATION

HEALTH RESOURCES AND SERVICES

For carrying out titles II, III, IV, VII, VIII, X, XII, XIX, and 

XXVI of the Public Health Service Act, section 427(a) of the Federal 

Coal Mine Health and Safety Act, title V and sections 1128E, 711, 

and 1820 of the Social Security Act, the Health Care Quality Improvement Act of 1986, as amended, the Native Hawaiian Health 

Care Act of 1988, as amended, the Cardiac Arrest Survival Act of 

2000, section 712 of the American Jobs Creation Act of 2004, and 

the Poison Control Center Enhancement and Awareness Act, as 

amended, 6,856,624,000, of which $484,629,000 shall be available 

for construction and renovation (including equipment) of health 

care and other facilities and other health-related activities as specified in the statement of the managers on the conference report accompanying this Act, and of which $39,499,000 from general revenues, notwithstanding section 1820(j) of the Social Security Act, 

shall be available for carrying out the Medicare rural hospital flexibility grants program under section 1820 of such Act: Provided, 

That of the funds made available under this heading, $249,000 

shall be available until expended for facilities renovations at the 

Gillis W. Long Hansen’s Disease Center: Provided further, That in 

addition to fees authorized by section 427(b) of the Health Care 

Quality Improvement Act of 1986, fees shall be collected for the full 

disclosure of information under the Act sufficient to recover the full 

costs of operating the National Practitioner Data Bank, and shall 

remain available until expended to carry out that Act: Provided further, That fees collected for the full disclosure of information under 

the ‘‘Health Care Fraud and Abuse Data Collection Program’’, authorized by section 1128E(d)(2) of the Social Security Act, shall be 

sufficient to recover the full costs of operating the program, and 

shall remain available until expended to carry out that Act: Provided further, That $31,000,000 of the funding provided for community health centers shall be used for base grant adjustments for exVerDate Aug 04 2004 07:33 Dec 01, 2004 Jkt 096906 PO 00000 Frm 00322 Fmt 6659 Sfmt 6603 E:\HR\OC\HR792.XXX HR792
319 

isting centers: Provided further, That no more than $100,000 is 

available until expended for carrying out the provisions of U.S.C. 

Title 42 Section 233(o) including associated administrative expenses: Provided further, That no more than $45,000,000 is available until expended for carrying out the provisions of Public Law 

104–73: Provided further, That $9,941,000 is available until expended for the National Cord Blood Stem Cell Bank Program as described in House Report 108–401: Provided further, That of the 

funds made available under this heading, $288,283,000 shall be for 

the program under title X of the Public Health Service Act to provide for voluntary family planning projects: Provided further, That 

amounts provided to said projects under such title shall not be expended for abortions, that all pregnancy counseling shall be nondirective, and that such amounts shall not be expended for any activity (including the publication or distribution of literature) that in 

any way tends to promote public support or opposition to any legislative proposal or candidate for public office: Provided further, That 

$793,872,000 shall be for State AIDS Drug Assistance Programs authorized by section 2616 of the Public Health Service Act: Provided 

further, That in addition to amounts provided herein, $25,000,000 

shall be available from amounts available under section 241 of the 

Public Health Service Act to carry out Parts A, B, C, and D of title 

XXVI of the Public Health Service Act to fund section 2691 Special 

Projects of National Significance: Provided further, That, notwithstanding section 502(a)(1) of the Social Security Act, not to exceed 

$119,158,000 is available for carrying out special projects of regional and national significance pursuant to section 501(a)(2) of 

such Act: Provided further, That of the funds provided, $40,000,000 

shall be provided to the Denali Commission as a direct lump payment pursuant to Public Law 106–113, of which $10,000,000 shall 

be for a psychiatric treatment facility in Bethel, Alaska, $10,000,000 

shall be for residential and supportive housing for elders, 

$2,500,000 shall be for medical and dental equipment for rural clinics, and $5,000,000 shall be for upgrade and construction of shelters 

for victims of domestic violence and child abuse. 

HEALTH EDUCATION ASSISTANCE LOANS PROGRAM ACCOUNT

Such sums as may be necessary to carry out the purpose of the 

program, as authorized by title VII of the Public Health Service Act, 

as amended. For administrative expenses to carry out the guaranteed loan program, including section 709 of the Public Health Service Act, $3,270,000. 

VACCINE INJURY COMPENSATION PROGRAM TRUST FUND

For payments from the Vaccine Injury Compensation Program 

Trust Fund, such sums as may be necessary for claims associated 

with vaccine-related injury or death with respect to vaccines administered after September 30, 1988, pursuant to subtitle 2 of title XXI 

of the Public Health Service Act, to remain available until expended: Provided, That for necessary administrative expenses, not to 

exceed $3,176,000 shall be available from the Trust Fund to the 

Secretary of Health and Human Services. 

320 

CENTERS FOR DISEASE CONTROL AND PREVENTION

DISEASE CONTROL, RESEARCH, AND TRAINING

To carry out titles II, III, VII, XI, XV, XVII, XIX, XXI, and 

XXVI of the Public Health Service Act, sections 101, 102, 103, 201, 

202, 203, 301, and 501 of the Federal Mine Safety and Health Act 

of 1977, sections 20, 21, and 22 of the Occupational Safety and 

Health Act of 1970, title IV of the Immigration and Nationality Act, 

and section 501 of the Refugee Education Assistance Act of 1980; including purchase and insurance of official motor vehicles in foreign 

countries; and purchase, hire, maintenance, and operation of aircraft, $4,533,911,000, of which $272,000,000 shall remain available 

until expended for equipment, and construction and renovation of 

facilities, and of which $124,882,000 for international HIV/AIDS 

shall remain available until September 30, 2006. In addition, such 

sums as may be derived from authorized user fees, which shall be 

credited to this account: Provided, That in addition to amounts provided herein, the following amounts shall be available from 

amounts available under section 241 of the Public Health Service 

Act (1) $12,794,000 to carry out the National Immunization Surveys; (2) $109,021,000 to carry out the National Center for Health 

Statistics surveys; (3) $24,751,000 to carry out information systems 

standards development and architecture and applications-based research used at local public health levels; (4) $463,000 for Health 

Marketing evaluations; (5) $31,000,000 to carry out Public Health 

Research; and (6) $87,071,000 to carry out Research Tools and Approaches activities within the National Occupational Research 

Agenda: Provided further, That none of the funds made available 

for injury prevention and control at the Centers for Disease Control 

and Prevention may be used, in whole or in part, to advocate or promote gun control: Provided further, That up to $30,000,000 shall be 

made available until expended for Individual Learning Accounts for 

full-time equivalent employees of the Centers for Disease Control 

and Prevention: Provided further, That the Director may redirect 

the total amount made available under authority of Public Law 

101–502, section 3, dated November 3, 1990, to activities the Director may so designate: Provided further, That the Congress is to be 

notified promptly of any such transfer: Provided further, That not 

to exceed $12,500,000 may be available for making grants under 

section 1509 of the Public Health Service Act to not more than 15 

States, tribes, or tribal organizations: Provided further, That without regard to existing statute, funds appropriated may be used to 

proceed, at the discretion of the Centers for Disease Control and Prevention, with property acquisition, including a long-term ground 

lease for construction on non-Federal land, to support the construction of a replacement laboratory in the Fort Collins, Colorado area: 

Provided further, That notwithstanding any other provision of law, 

a single contract or related contracts for development and construction of facilities may be employed which collectively include the full 

scope of the project: Provided further, That the solicitation and contract shall contain the clause ‘‘availability of funds’’ found at 48 

CFR 52.232–18: Provided further, That of the funds appropriated, 

$10,000 is for official reception and representation expenses when 

specifically approved by the Director of the Centers for Disease Control and Prevention. 

321 

NATIONAL INSTITUTES OF HEALTH

NATIONAL CANCER INSTITUTE

For carrying out section 301 and title IV of the Public Health Service Act with respect to cancer, $4,865,525,000, of which up to 

$8,000,000 may be used for facilities repairs and improvements at 

the NCI–Frederick Federally Funded Research and Development 

Center in Frederick, Maryland. 

NATIONAL HEART, LUNG, AND BLOOD INSTITUTE

For carrying out section 301 and title IV of the Public Health 

Service Act with respect to cardiovascular, lung, and blood diseases, 

and blood and blood products, $2,965,453,000. 

NATIONAL INSTITUTE OF DENTAL AND CRANIOFACIAL RESEARCH

For carrying out section 301 and title IV of the Public Health Service Act with respect to dental disease, $395,080,000. 

NATIONAL INSTITUTE OF DIABETES AND DIGESTIVE AND KIDNEY

DISEASES

For carrying out section 301 and title IV of the Public Health 

Service Act with respect to diabetes and digestive and kidney disease, $1,727,696,000. 

NATIONAL INSTITUTE OF NEUROLOGICAL DISORDERS AND STROKE

For carrying out section 301 and title IV of the Public Health 

Service Act with respect to neurological disorders and stroke, 

$1,552,123,000. 

NATIONAL INSTITUTE OF ALLERGY AND INFECTIOUS DISEASES

(INCLUDING TRANSFER OF FUNDS)

For carrying out section 301 and title IV of the Public Health 

Service Act with respect to allergy and infectious diseases, 

$4,440,007,000: Provided, That $100,000,000 may be made available to International Assistance Programs, ‘‘Global Fund to Fight 

HIV/AIDS, Malaria, and Tuberculosis’’, to remain available until 

expended: Provided further, That up to $150,000,000 shall be for extramural facilities construction grants to enhance the Nation’s capability to do research on biological and other agents. 

NATIONAL INSTITUTE OF GENERAL MEDICAL SCIENCES

For carrying out section 301 and title IV of the Public Health Service Act with respect to general medical sciences, $1,959,810,000. 

NATIONAL INSTITUTE OF CHILD HEALTH AND HUMAN DEVELOPMENT

For carrying out section 301 and title IV of the Public Health 

Service Act with respect to child health and human development, 

$1,280,915,000. 

NATIONAL EYE INSTITUTE

For carrying out section 301 and title IV of the Public Health 

Service Act with respect to eye diseases and visual disorders, 

$674,578,000. 

322 

NATIONAL INSTITUTE OF ENVIRONMENTAL HEALTH SCIENCES

For carrying out sections 301 and 311 and title IV of the Public 

Health Service Act with respect to environmental health sciences, 

$650,027,000. 

NATIONAL INSTITUTE ON AGING

For carrying out section 301 and title IV of the Public Health 

Service Act with respect to aging, $1,060,666,000. 

NATIONAL INSTITUTE OF ARTHRITIS AND MUSCULOSKELETAL AND

SKIN DISEASES

For carrying out section 301 and title IV of the Public Health 

Service Act with respect to arthritis and musculoskeletal and skin 

diseases, $515,378,000. 

NATIONAL INSTITUTE ON DEAFNESS AND OTHER COMMUNICATION

DISORDERS

For carrying out section 301 and title IV of the Public Health 

Service Act with respect to deafness and other communication disorders, $397,507,000. 

NATIONAL INSTITUTE OF NURSING RESEARCH

For carrying out section 301 and title IV of the Public Health 

Service Act with respect to nursing research, $139,198,000. 

NATIONAL INSTITUTE ON ALCOHOL ABUSE AND ALCOHOLISM

For carrying out section 301 and title IV of the Public Health 

Service Act with respect to alcohol abuse and alcoholism, 

$441,911,000. 

NATIONAL INSTITUTE ON DRUG ABUSE

For carrying out section 301 and title IV of the Public Health 

Service Act with respect to drug abuse, $1,014,760,000. 

NATIONAL INSTITUTE OF MENTAL HEALTH

For carrying out section 301 and title IV of the Public Health 

Service Act with respect to mental health, $1,423,609,000. 

NATIONAL HUMAN GENOME RESEARCH INSTITUTE

For carrying out section 301 and title IV of the Public Health 

Service Act with respect to human genome research, $492,670,000. 

NATIONAL INSTITUTE OF BIOMEDICAL IMAGING AND BIOENGINEERING

For carrying out section 301 and title IV of the Public Health 

Service Act with respect to biomedical imaging and bioengineering 

research, $300,647,000. 

NATIONAL CENTER FOR RESEARCH RESOURCES

For carrying out section 301 and title IV of the Public Health 

Service Act with respect to research resources and general research 

support grants, $1,124,141,000: Provided, That none of these funds 

shall be used to pay recipients of the general research support 

323 

grants program any amount for indirect expenses in connection with 

such grants: Provided further, That $30,000,000 shall be for extramural facilities construction grants. 

NATIONAL CENTER FOR COMPLEMENTARY AND ALTERNATIVE

MEDICINE

For carrying out section 301 and title IV of the Public Health 

Service Act with respect to complementary and alternative medicine, 

$123,116,000. 

NATIONAL CENTER ON MINORITY HEALTH AND HEALTH DISPARITIES

For carrying out section 301 and title IV of the Public Health 

Service Act with respect to minority health and health disparities 

research, $197,780,000. 

JOHN E. FOGARTY INTERNATIONAL CENTER

For carrying out the activities at the John E. Fogarty International Center, $67,182,000. 

NATIONAL LIBRARY OF MEDICINE

For carrying out section 301 and title IV of the Public Health 

Service Act with respect to health information communications, 

$317,947,000, of which $4,000,000 shall be available until expended 

for improvement of information systems: Provided, That in fiscal 

year 2005, the Library may enter into personal services contracts for 

the provision of services in facilities owned, operated, or constructed 

under the jurisdiction of the National Institutes of Health: Provided 

further, That in addition to amounts provided herein, $8,200,000 

shall be available from amounts available under section 241 of the 

Public Health Service Act to carry out National Information Center 

on Health Services Research and Health Care Technology and related health services. 

OFFICE OF THE DIRECTOR

(INCLUDING TRANSFER OF FUNDS)

For carrying out the responsibilities of the Office of the Director, 

National Institutes of Health, $361,145,000, of which up to 

$10,000,000 shall be used to carry out section 217 of this Act: Provided, That funding shall be available for the purchase of not to exceed 29 passenger motor vehicles for replacement only: Provided further, That the Director may direct up to 1 percent of the total 

amount made available in this or any other Act to all National Institutes of Health appropriations to activities the Director may so 

designate: Provided further, That no such appropriation shall be decreased by more than 1 percent by any such transfers and that the 

Congress is promptly notified of the transfer: Provided further, That 

the National Institutes of Health is authorized to collect third party 

payments for the cost of clinical services that are incurred in National Institutes of Health research facilities and that such payments shall be credited to the National Institutes of Health Management Fund: Provided further, That all funds credited to the National Institutes of Health Management Fund shall remain available for 1 fiscal year after the fiscal year in which they are deposVerDate Aug 04 2004 07:33 Dec 01, 2004 Jkt 096906 PO 00000 Frm 00327 Fmt 6659 Sfmt 6603 E:\HR\OC\HR792.XXX HR792
324 

ited: Provided further, That up to $500,000 shall be available to 

carry out section 499 of the Public Health Service Act: Provided further, That of the funds provided $10,000 shall be for official reception and representation expenses when specifically approved by the 

Director of NIH: Provided further, That a uniform percentage of the 

amounts appropriated in this Act to each Institute and Center may 

be utilized for the National Institutes of Health Roadmap Initiative: 

Provided further, That the amount utilized under the preceding proviso shall not exceed $176,800,000 without prior notification to the 

Committees on Appropriations of the House of Representatives and 

the Senate: Provided further, That amounts utilized under the preceding two provisos shall be in addition to amounts made available 

for the Roadmap Initiative from the Director’s Discretionary Fund 

and to any amounts allocated to activities related to the Roadmap 

Initiative through the normal research priority-setting process of individual Institutes and Centers. 

BUILDINGS AND FACILITIES

For the study of, construction of, renovation of, and acquisition 

of equipment for, facilities of or used by the National Institutes of 

Health, including the acquisition of real property, $111,177,000, to 

remain available until expended: Provided, That notwithstanding 

any other provision of law, single contracts or related contracts, 

which collectively include the full scope of the project, may be employed for the development and construction of the first and second 

phases of the John Edward Porter Neuroscience Research Center: 

Provided further, That the solicitations and contracts shall contain 

the clause ‘‘availability of funds’’ found at 48 CFR 52.232–18. 

SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES

ADMINISTRATION

SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES

For carrying out titles V and XIX of the Public Health Service 

Act with respect to substance abuse and mental health services, the 

Protection and Advocacy for Individuals with Mental Illness Act, 

and section 301 of the Public Health Service Act with respect to program management, $3,295,361,000, of which $23,107,000 shall be 

available for projects and in the amounts specified in the statement 

of the managers on the conference report accompanying this Act: 

Provided, That in addition to amounts provided herein, the following amounts shall be available from amounts available under 

section 241 of the Public Health Service Act: (1) $79,200,000 to 

carry out subpart II of title XIX of the Public Health Service Act to 

fund section 1935(b) technical assistance, national data, data collection and evaluation activities, and further that the total available 

under this Act for section 1935(b) activities shall not exceed 5 percent of the amounts appropriated for subpart II of title XIX; (2) 

$21,803,000 to carry out subpart I of Part B of title XIX of the Public Health Service Act to fund section 1920(b) technical assistance, 

national data, data collection and evaluation activities, and further 

that the total available under this Act for section 1920(b) activities 

shall not exceed 5 percent of the amounts appropriated for subpart 

I of Part B of title XIX; (3) $16,000,000 to carry out national surVerDate Aug 04 2004 07:33 Dec 01, 2004 Jkt 096906 PO 00000 Frm 00328 Fmt 6659 Sfmt 6603 E:\HR\OC\HR792.XXX HR792
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veys on drug abuse; (4) $2,000,000 for mental health data collection; 

and (5) $4,300,000 for substance abuse treatment programs. 

AGENCY FOR HEALTHCARE RESEARCH AND QUALITY

HEALTHCARE RESEARCH AND QUALITY

For carrying out titles III and IX of the Public Health Service 

Act, and part A of title XI of the Social Security Act, amounts received from Freedom of Information Act fees, reimbursable and 

interagency agreements, and the sale of data shall be credited to 

this appropriation and shall remain available until expended: Provided, That the amount made available pursuant to section 927(c) 

of the Public Health Service Act shall not exceed $318,695,000. 

CENTERS FOR MEDICARE AND MEDICAID SERVICES

GRANTS TO STATES FOR MEDICAID

For carrying out, except as otherwise provided, titles XI and 

XIX of the Social Security Act, $119,124,488,000, to remain available until expended. 

For making, after May 31, 2005, payments to States under title 

XIX of the Social Security Act for the last quarter of fiscal year 2005 

for unanticipated costs, incurred for the current fiscal year, such 

sums as may be necessary. 

For making payments to States or in the case of section 1928 

on behalf of States under title XIX of the Social Security Act for the 

first quarter of fiscal year 2006, $58,517,290,000, to remain available until expended. 

Payment under title XIX may be made for any quarter with respect to a State plan or plan amendment in effect during such quarter, if submitted in or prior to such quarter and approved in that 

or any subsequent quarter. 

PAYMENTS TO HEALTH CARE TRUST FUNDS

For payment to the Federal Hospital Insurance and the Federal 

Supplementary Medical Insurance Trust Funds, as provided under 

section 1844, 1860D–16, and 1860D–31 of the Social Security Act, 

sections 103(c) and 111(d) of the Social Security Amendments of 

1965, section 278(d) of Public Law 97–248, and for administrative 

expenses incurred pursuant to section 201(g) of the Social Security 

Act, $114,608,900,000. To ensure prompt payments of Medicare prescription drug benefits as provided under section 1860 D–16 of the 

Social Security Act, $5,216,900,000, to become available on October 

1, 2005 for fiscal year 2006. 

PROGRAM MANAGEMENT

For carrying out, except as otherwise provided, titles XI, XVIII, 

XIX, and XXI of the Social Security Act, titles XIII and XXVII of 

the Public Health Service Act, and the Clinical Laboratory Improvement Amendments of 1988, not to exceed $2,696,402,000, to be 

transferred from the Federal Hospital Insurance and the Federal 

Supplementary Medical Insurance Trust Funds, as authorized by 

section 201(g) of the Social Security Act; together with all funds collected in accordance with section 353 of the Public Health Service 

326 

Act and section 1857(e)(2) of the Social Security Act, and such sums 

as may be collected from authorized user fees and the sale of data, 

which shall remain available until expended: Provided, That all 

funds derived in accordance with 31 U.S.C. 9701 from organizations established under title XIII of the Public Health Service Act 

shall be credited to and available for carrying out the purposes of 

this appropriation: Provided further, That $24,400,000, to remain 

available until September 30, 2006, is for contract costs for CMS’s 

Systems Revitalization Plan: Provided further, That $78,300,000, to 

remain available until September 30, 2006, is for contract costs for 

the Healthcare Integrated General Ledger Accounting System: Provided further, That of the amounts made available for research, 

demonstration and evaluation, $100,000 is available for Advocate 

Metro Outreach Initiative, Oak Brook, Illinois to implement an initiative to provide comprehensive health education and services to 

the deaf and hard-of-hearing community, $150,000 is available for 

African American Interdenominational Ministries, Inc., Philadelphia, Pennsylvania to implement an insurance outreach program, 

$1,900,000 is available for AIDS Healthcare Foundation, Los Angeles, California for a demonstration of residential and outpatient 

treatment facilities, $450,000 is available for Bronx-Lebanon Hospital Center, Bronx, New York for a comprehensive adolescent and 

young adult health program to demonstrate means of improving 

health care and preventive services for underserved inner city teenagers and young adults, $300,000 is available for Children’s Institute of Palliative Care, Children’s Hospitals and Clinics, Minneapolis, Minnesota for a pediatric palliative care demonstration 

program, $600,000 is available for the City of Detroit, Michigan for 

a project to improve access to primary care and preventive health 

services for low-income and uninsured persons, $100,000 is available for Community Catalyst, Inc., Boston, Massachusetts, for the 

expansion of a benefits management program, $150,000 is available 

for Cook County Bureau of Health Services in Chicago, Illinois for 

the Antibiotic Resistance Program, $340,000 is available for Donald 

R. Watkins Memorial Foundation, Houston, Texas, for a comprehensive HIV/AIDS treatment and research demonstration program, 

$100,000 is available for Focus on Therapeutic Outcomes, Inc., 

Knoxville, Tennessee, $250,000 is available for Hamot Medical Center, Erie, Pennsylvania and the Ohio Health System, Columbus, 

Ohio to implement a demonstration project on the Medicare Advantage program, $25,000 is available for HealthRight, Inc., Philadelphia, Pennsylvania for their Care Access Program, $75,000 is available for the Inglis Foundation, Philadelphia, Pennsylvania for 

healthcare and social services for low-income adults with severe 

physical disabilities in an effort to promote independent living, 

$50,000 is available for Medical Care for Children Partnership, 

Fairfax, Virginia for access to specialty health care for children who 

have serious medical needs, $500,000 is available for Memphis 

Biotech Foundation in Memphis, Tennessee to develop a biologistics 

network in Mississippi and Tennessee, $225,000 is available for 

Muskegon Community Health Project, Muskegon, Michigan for the 

Access Health Program, $30,000 is available for Our House of Portland, Portland, Oregon, to develop a Care Program for people living 

with AIDS, $750,000 is available for Pace Vermont, Burlington, 

Vermont, for the Rural Program for All-inclusive Care for the ElderVerDate Aug 04 2004 07:33 Dec 01, 2004 Jkt 096906 PO 00000 Frm 00330 Fmt 6659 Sfmt 6603 E:\HR\OC\HR792.XXX HR792
327 

ly, $150,000 is available for Patient Advocate Foundation, Newport 

News, Virginia, to assist the PAF in serving patients experiencing 

difficulty accessing quality health care services, $450,000 is available for Puerto Rico’s Governor’s Office of Elderly Affairs for the 

Medication Error Prevention Pilot Program, $1,500,000 is available 

for San Francisco Department of Public Health, San Francisco, 

California for a demonstration project to improve HIV/AIDS treatment and prevention services, $300,000 is available for Santa Clara 

County, California for outreach and enrollment assistance activities 

of the Children’s Health Initiative, $500,000 is available for Susquehanna Health System, Williamsport, Pennsylvania for stabilizing 

workforce for patient care, $500,000 is available for Swope Health 

Services, Kansas City, Missouri to supplement recurring healthcare 

costs for underemployed, uninsured, and income-qualified patients 

in Wyandotte and Johnson Counties, Kansas, $100,000 is available 

for Temple University, Crime and Justice Research Center, Philadelphia, Pennsylvania for DNA backlog and utilization, and 

$250,000 is available for University of Maine, Partnership for Early 

Childhood Health & Services: Provided further, That funds appropriated under this heading are available for the Healthy Start, 

Grow Smart program under which the Centers for Medicare and 

Medicaid Services may, directly or through grants, contracts, or cooperative agreements, produce and distribute informational materials including, but not limited to, pamphlets and brochures on infant and toddler health care to expectant parents enrolled in the 

Medicaid program and to parents and guardians enrolled in such 

program with infants and children: Provided further, That not less 

than $79,000,000 shall be for processing Medicare appeals: Provided further, That the Secretary of Health and Human Services is 

directed to collect fees in fiscal year 2005 from Medicare∂Choice organizations pursuant to section 1857(e)(2) of the Social Security Act 

and from eligible organizations with risk-sharing contracts under 

section 1876 of that Act pursuant to section 1876(k)(4)(D) of that 

Act: Provided further, That to the extent Medicare claims processing 

unit costs are projected by the Centers for Medicare and Medicaid 

Services to exceed $0.87 for Part A claims and/or $0.63 for Part B 

claims, up to an additional $18,000,000 may be available for obligation for every $0.04 increase in Medicare claims processing unit 

costs from the Federal Hospital Insurance and the Federal Supplementary Medical Insurance Trust Funds. The calculation of projected unit costs shall be derived in the same manner in which the 

estimated unit costs were calculated for the Federal budget estimate 

for the fiscal year. 

HEALTH MAINTENANCE ORGANIZATION LOAN AND LOAN GUARANTEE

FUND

For carrying out subsections (d) and (e) of section 1308 of the 

Public Health Service Act, any amounts received by the Secretary in 

connection with loans and loan guarantees under title XIII of the 

Public Health Service Act, to be available without fiscal year limitation for the payment of outstanding obligations. During fiscal year 

2005, no commitments for direct loans or loan guarantees shall be 

made. 

328 

ADMINISTRATION FOR CHILDREN AND FAMILIES

PAYMENTS TO STATES FOR CHILD SUPPORT ENFORCEMENT AND

FAMILY SUPPORT PROGRAMS

For making payments to States or other non-Federal entities 

under titles I, IV–D, X, XI, XIV, and XVI of the Social Security Act 

and the Act of July 5, 1960 (24 U.S.C. ch. 9), $2,873,802,000, to remain available until expended; and for such purposes for the first 

quarter of fiscal year 2006, $1,200,000,000, to remain available 

until expended. 

For making payments to each State for carrying out the program of Aid to Families with Dependent Children under title IV– 

A of the Social Security Act before the effective date of the program 

of Temporary Assistance for Needy Families (TANF) with respect to 

such State, such sums as may be necessary: Provided, That the sum 

of the amounts available to a State with respect to expenditures 

under such title IV–A in fiscal year 1997 under this appropriation 

and under such title IV–A as amended by the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 shall not exceed the limitations under section 116(b) of such Act. 

For making, after May 31 of the current fiscal year, payments 

to States or other non-Federal entities under titles I, IV–D, X, XI, 

XIV, and XVI of the Social Security Act and the Act of July 5, 1960 

(24 U.S.C. ch. 9), for the last 3 months of the current fiscal year for 

unanticipated costs, incurred for the current fiscal year, such sums 

as may be necessary. 

LOW-INCOME HOME ENERGY ASSISTANCE

For making payments under title XXVI of the Omnibus Budget 

Reconciliation Act of 1981, $1,900,000,000. 

For making payments under title XXVI of the Omnibus Budget 

Reconciliation Act of 1981, $300,000,000, to remain available until 

expended: Provided, That these funds are for the unanticipated 

home energy assistance needs of one or more States, as authorized 

by section 2604(e) of the Act: Provided further, That the entire 

amount is designated as an emergency requirement pursuant to section 402 of S. Con. Res. 95 (108th Congress) as made applicable to 

the House of Representatives by H. Res. 649 (108th Congress) and 

applicable to the Senate by Section 14007 of Public Law 108–287. 

REFUGEE AND ENTRANT ASSISTANCE

For necessary expenses for refugee and entrant assistance activities and for costs associated with the care and placement of unaccompanied alien children authorized by title IV of the Immigration 

and Nationality Act and section 501 of the Refugee Education Assistance Act of 1980 (Public Law 96–422), for carrying out section 

462 of the Homeland Security Act of 2002 (Public Law 107–296), 

and for carrying out the Torture Victims Relief Act of 2003 (Public 

Law 108–179), $488,336,000, of which up to $10,000,000 shall be 

available to carry out the Trafficking Victims Protection Act of 2003 

(Public Law 108–193): Provided, That funds appropriated under 

this heading pursuant to section 414(a) of the Immigration and Nationality Act and section 462 of the Homeland Security Act of 2002 

for fiscal year 2005 shall be available for the costs of assistance proVerDate Aug 04 2004 07:33 Dec 01, 2004 Jkt 096906 PO 00000 Frm 00332 Fmt 6659 Sfmt 6603 E:\HR\OC\HR792.XXX HR792
329 

vided 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 So- cial Security Act, $1,700,000,000: Provided, That notwithstanding 

subparagraph (B) of section 404(d)(2) of such Act, the applicable 

percent specified under such subparagraph for a State to carry out 

State programs pursuant to title XX of such Act shall be 10 percent. 

CHILDREN AND FAMILIES SERVICES PROGRAMS

For carrying out, except as otherwise provided, the Runaway 

and Homeless Youth Act, the Developmental Disabilities Assistance 

and Bill of Rights Act, the Head Start Act, the Child Abuse Prevention and Treatment Act, sections 310 and 316 of the Family Violence Prevention and Services Act, as amended, the Native American Programs Act of 1974, title II of Public Law 95–266 (adoption 

opportunities), the Adoption and Safe Families Act of 1997 (Public 

Law 105–89), sections 1201 and 1211 of the Children’s Health Act 

of 2000, the Abandoned Infants Assistance Act of 1988, sections 261 

and 291 of the Help America Vote Act of 2002, the Early Learning 

Opportunities Act, part B(1) of title IV and sections 413, 429A, 

1110, and 1115 of the Social Security Act, and sections 40155, 

40211, and 40241 of Public Law 103–322; for making payments 

under the Community Services Block Grant Act, sections 439(h), 

473A, and 477(i) of the Social Security Act, and title IV of Public 

Law 105–285, and for necessary administrative expenses to carry 

out said Acts and titles I, IV, V, X, XI, XIV, XVI, and XX of the 

Social Security Act, the Act of July 5, 1960 (24 U.S.C. ch. 9), the 

Omnibus Budget Reconciliation Act of 1981, title IV of the Immigration and Nationality Act, section 501 of the Refugee Education Assistance Act of 1980, sections 40155, 40211, and 40241 of Public 

Law 103–322, and section 126 and titles IV and V of Public Law 

100–485, $9,069,853,000, of which $32,103,000, to remain available 

until September 30, 2006, shall be for grants to States for adoption 

incentive payments, as authorized by section 473A of title IV of the 

Social Security Act (42 U.S.C. 670–679) and may be made for adopVerDate Aug 04 2004 07:33 Dec 01, 2004 Jkt 096906 PO 00000 Frm 00333 Fmt 6659 Sfmt 6603 E:\HR\OC\HR792.XXX HR792
330 

tions completed before September 30, 2005: Provided further, That 

$6,898,580,000 shall be for making payments under the Head Start 

Act, of which $1,400,000,000 shall become available October 1, 2005 

and remain available through September 30, 2006: Provided further, That $732,385,000 shall be for making payments under the 

Community Services Block Grant Act: Provided further, That not 

less than $7,300,000 shall be for section 680(3)(B) of the Community 

Services Block Grant Act, Provided further, That within amounts 

provided herein for abstinence education for adolescents, up to 

$10,000,000 may be available for a national abstinence education 

campaign: Provided further, That in addition to amounts provided 

herein, $6,000,000 shall be available from amounts available under 

section 241 of the Public Health Service Act to carry out the provisions of section 1110 of the Social Security Act: Provided further, 

That to the extent Community Services Block Grant funds are distributed as grant funds by a State to an eligible entity as provided 

under the Act, and have not been expended by such entity, they shall 

remain with such entity for carryover into the next fiscal year for 

expenditure by such entity consistent with program purposes: Provided further, That the Secretary shall establish procedures regarding the disposition of intangible property which permits grant 

funds, or intangible assets acquired with funds authorized under 

section 680 of the Community Services Block Grant Act, as amended, to become the sole property of such grantees after a period of not 

more than 12 years after the end of the grant for purposes and uses 

consistent with the original grant: Provided further, That funds appropriated for section 680(a)(2) of the Community Services Block 

Grant Act, as amended, shall be available for financing construction and rehabilitation and loans or investments in private business 

enterprises owned by community development corporations: Provided further, That $55,000,000 is for a compassion capital fund to 

provide grants to charitable organizations to emulate model social 

service programs and to encourage research on the best practices of 

social service organizations: Provided further, That $15,000,000 

shall be for activities authorized by the Help America Vote Act of 

2002, of which $10,000,000 shall be for payments to States to promote access for voters with disabilities, and of which $5,000,000 

shall be for payments to States for protection and advocacy systems 

for voters with disabilities: Provided further, That $100,000,000 

shall be for making competitive grants to provide abstinence education (as defined by section 510(b)(2) of the Social Security Act) to 

adolescents, and for Federal costs of administering the grant: Provided further, That grants under the immediately preceding proviso 

shall be made only to public and private entities which agree that, 

with respect to an adolescent to whom the entities provide abstinence education under such grant, the entities will not provide to 

that adolescent any other education regarding sexual conduct, except that, in the case of an entity expressly required by law to provide health information or services the adolescent shall not be precluded from seeking health information or services from the entity 

in a different setting than the setting in which abstinence education 

was provided: Provided further, That in addition to amounts provided herein for abstinence education for adolescents, $4,500,000 

shall be available from amounts available under section 241 of the 

Public Health Services Act to carry out evaluations (including longiVerDate Aug 04 2004 07:33 Dec 01, 2004 Jkt 096906 PO 00000 Frm 00334 Fmt 6659 Sfmt 6603 E:\HR\OC\HR792.XXX HR792
331 

tudinal evaluations) of adolescent pregnancy prevention approaches: 

Provided further, That $2,000,000 shall be for improving the Public 

Assistance Reporting Information System, including grants to 

States to support data collection for a study of the system’s effectiveness. 

PROMOTING SAFE AND STABLE FAMILIES

For carrying out section 436 of the Social Security Act, 

$305,000,000 and for section 437, $99,383,000. 

PAYMENTS TO STATES FOR FOSTER CARE AND ADOPTION ASSISTANCE

For making payments to States or other non-Federal entities 

under title IV–E of the Social Security Act, $5,037,900,000. 

For making payments to States or other non-Federal entities 

under title IV–E of the Act, for the first quarter of fiscal year 2006, 

$1,767,200,000. 

For making, after May 31 of the current fiscal year, payments 

to States or other non-Federal entities under section 474 of title IV– 

E, for the last 3 months of the current fiscal year for unanticipated 

costs, incurred for the current fiscal year, such sums as may be necessary. 

ADMINISTRATION ON AGING

AGING SERVICES PROGRAMS

For carrying out, to the extent not otherwise provided, the Older 

Americans Act of 1965, as amended, and section 398 of the Public 

Health Service Act, $1,404,634,000, of which $5,500,000 shall be 

available for activities regarding medication management, screening, and education to prevent incorrect medication and adverse 

drug reactions; and of which $4,558,000 shall remain available 

until September 30, 2007, for the White House Conference on Aging. 

OFFICE OF THE SECRETARY

GENERAL DEPARTMENTAL MANAGEMENT

For necessary expenses, not otherwise provided, for general departmental management, including hire of six sedans, and for carrying out titles III, XVII, XX, and XXI of the Public Health Service 

Act, and the United States-Mexico Border Health Commission Act, 

$371,975,000, together with $55,851,000 to be transferred and expended as authorized by section 201(g)(1) of the Social Security Act 

from the Hospital Insurance Trust Fund and the Supplemental 

Medical Insurance Trust Fund: Provided, That of the funds made 

available under this heading for carrying out title XX of the Public 

Health Service Act, $13,120,000 shall be for activities specified 

under section 2003(b)(2), all of which shall be for prevention service 

demonstration grants under section 510(b)(2) of title V of the Social 

Security Act, as amended, without application of the limitation of 

section 2010(c) of said title XX: Provided further, That of this 

amount, $52,838,000 shall be for minority AIDS prevention and 

treatment activities; $14,847,000 shall be for an Information Technology Security and Innovation Fund for Department-wide activities 

involving cybersecurity, information technology security, and related 

332 

innovation projects; and $6,000,000 shall be to assist Afghanistan 

in the development of maternal and child health clinics, consistent 

with section 103(a)(4)(H) of the Afghanistan Freedom Support Act 

of 2002: Provided further, That no more than $2,754,000 shall be 

available for the Office of the Assistant Secretary for Legislation: 

Provided further, That $50,000,000 shall be transferred to the Social Security Administration for processing Medicare appeals: Provided further, That specific information requests from the chairmen 

and ranking members of the Subcommittees on Labor, Health and 

Human Services, and Education, and Related Agencies, on scientific 

research or any other matter, shall be transmitted to the Committees 

on Appropriations in a prompt professional manner and within the 

time frame specified in the request: Provided further, That scientific 

information requested by the Committees on Appropriations and 

prepared by government researchers and scientists shall be transmitted to the Committees on Appropriations, uncensored and without delay. 

OFFICE OF INSPECTOR GENERAL

For expenses necessary for the Office of Inspector General, including the hire of passenger motor vehicles for investigations, in 

carrying out the provisions of the Inspector General Act of 1978, as 

amended, $40,323,000: Provided, That of such amount, necessary 

sums are available for providing protective services to the Secretary 

and investigating non-payment of child support cases for which 

non-payment is a Federal offense under 18 U.S.C. 228. 

OFFICE FOR CIVIL RIGHTS

For expenses necessary for the Office for Civil Rights, 

$32,043,000, together with not to exceed $3,314,000 to be transferred 

and expended as authorized by section 201(g)(1) of the Social Security Act from the Hospital Insurance Trust Fund and the Supplemental Medical Insurance Trust Fund. 

POLICY RESEARCH

For carrying out, to the extent not otherwise provided, research 

studies under section 1110 of the Social Security Act and title III 

of the Public Health Service Act, $20,750,000, which shall be available from amounts available under section 241 of the Public Health 

Service Act to carry out national health or human services research 

and evaluation activities: Provided, That the expenditure of any 

funds available under section 241 of the Public Health Service Act 

are subject to the requirements of section 206 of this Act. 

RETIREMENT PAY AND MEDICAL BENEFITS FOR COMMISSIONED

OFFICERS

For retirement pay and medical benefits of Public Health Service Commissioned Officers as authorized by law, for payments 

under the Retired Serviceman’s Family Protection Plan and Survivor Benefit Plan, for medical care of dependents and retired personnel under the Dependents’ Medical Care Act (10 U.S.C. ch. 55 

and 56), such amounts as may be required during the current fiscal 

year. The following are definitions for the medical benefits of the 

Public Health Service Commissioned Officers that apply to 10 

333 

U.S.C. chapter 56, section 1116(c). The source of funds for the 

monthly accrual payments into the Department of Defense Medicare-Eligible Retiree Health Care Fund shall be the Retirement Pay 

and Medical Benefits for Commissioned Officers account. For purposes of this Act, the term ‘‘pay of members’’ shall be construed to 

be synonymous with retirement payments to United States Public 

Health Service officers who are retired for age, disability, or length 

of service; payments to survivors of deceased officers; medical care 

to active duty and retired members and dependents and beneficiaries; all of which payments are provided for by the Retirement 

Pay and Medical Benefits for Commissioned Officers account. 

PUBLIC HEALTH AND SOCIAL SERVICES EMERGENCY FUND

For expenses necessary to support activities related to countering potential biological, disease, nuclear, radiological and chemical threats to civilian populations, $2,208,287,000: Provided, That 

this amount is distributed as follows: Centers for Disease Control 

and Prevention, $1,173,300,000; Office of the Secretary, 

$64,438,000; Strategic National Stockpile, $400,000,000, to remain 

available until expended; National Institutes of Health, 

$47,400,000; and Health Resources and Services Administration, 

$523,149,000: Provided further, That employees of the Centers for 

Disease Control and Prevention or the Public Health Service, both 

civilian and Commissioned Officers, detailed to States, municipalities, or other organizations under authority of section 214 of the 

Public Health Service Act for purposes related to homeland security, 

shall be treated as non-Federal employees for reporting purposes 

only and shall not be included within any personnel ceiling applicable to the Agency, Service, or the Department of Health and Human 

Services during the period of detail or assignment. 

In addition, for activities to ensure a year-round influenza vaccine production capacity; the development and implementation of 

rapidly expandable influenza vaccine production technologies; and 

if determined necessary by the Secretary, the purchase of influenza 

vaccine, $100,000,000, to remain available until expended. 

GENERAL PROVISIONS

SEC. 201. Funds appropriated in this title shall be available for 

not to exceed $50,000 for official reception and representation expenses when specifically approved by the Secretary. 

SEC. 202. The Secretary shall make available through assignment not more than 60 employees of the Public Health Service to assist in child survival activities and to work in AIDS programs 

through and with funds provided by the Agency for International 

Development, the United Nations International Children’s Emergency Fund or the World Health Organization. 

SEC. 203. None of the funds appropriated under this Act may 

be used to implement section 399F(b) of the Public Health Service 

Act or section 1503 of the National Institutes of Health Revitalization Act of 1993, Public Law 103–43. 

SEC. 204. None of the funds appropriated in this Act for the 

National Institutes of Health, the Agency for Healthcare Research 

and Quality, and the Substance Abuse and Mental Health Services 

Administration shall be used to pay the salary of an individual, 

334 

through a grant or other extramural mechanism, at a rate in excess 

of Executive Level I. 

SEC. 205. None of the funds appropriated in this title for Head 

Start shall be used to pay the compensation of an individual, either 

as direct costs or any proration as an indirect cost, at a rate in excess of Executive Level II. 

SEC. 206. None of the funds appropriated in this Act may be 

expended pursuant to section 241 of the Public Health Service Act, 

except for funds specifically provided for in this Act, or for other 

taps and assessments made by any office located in the Department 

of Health and Human Services, prior to the Secretary’s preparation 

and submission of a report to the Committee on Appropriations of 

the Senate and of the House detailing the planned uses of such 

funds. 

SEC. 207. Notwithstanding section 241(a) of the Public Health 

Service Act, such portion as the Secretary shall determine, but not 

more than 2.4 percent, of any amounts appropriated for programs 

authorized under said Act shall be made available for the evaluation (directly, or by grants or contracts) of the implementation and 

effectiveness of such programs. 

(TRANSFER OF FUNDS)

SEC. 208. Not to exceed 1 percent of any discretionary funds 

(pursuant to the Balanced Budget and Emergency Deficit Control 

Act of 1985, as amended) which are appropriated for the current fiscal year for the Department of Health and Human Services in this 

Act may be transferred between a program, project, or activity, but 

no such program, project, or activity shall be increased by more 

than 3 percent by any such transfer: Provided, That a program, 

project, or activity may be increased by up to an additional 2 percent subject to approval by the House and Senate Committees on 

Appropriations: Provided further, That the Appropriations Committees of both Houses of Congress are notified at least 15 days in advance of any transfer. 

SEC. 209. Of the amounts made available in this Act for the 

National Institutes of Health, the amount for research related to the 

human immunodeficiency virus, as jointly determined by the Director of the National Institutes of Health and the Director of the Office 

of AIDS Research, shall be made available to the ‘‘Office of AIDS 

Research’’ account. The Director of the Office of AIDS Research 

shall transfer from such account amounts necessary to carry out section 2353(d)(3) of the Public Health Service Act. 

SEC. 210. None of the funds appropriated in this Act may be 

made available to any entity under title X of the Public Health 

Service Act unless the applicant for the award certifies to the Secretary that it encourages family participation in the decision of minors to seek family planning services and that it provides counseling to minors on how to resist attempts to coerce minors into engaging in sexual activities. 

SEC. 211. None of the funds appropriated by this Act (including 

funds appropriated to any trust fund) may be used to carry out the 

Medicare+Choice program if the Secretary denies participation in 

such program to an otherwise eligible entity (including a Provider 

Sponsored Organization) because the entity informs the Secretary 

that it will not provide, pay for, provide coverage of, or provide reVerDate Aug 04 2004 07:33 Dec 01, 2004 Jkt 096906 PO 00000 Frm 00338 Fmt 6659 Sfmt 6603 E:\HR\OC\HR792.XXX HR792
335 

ferrals for abortions: Provided, That the Secretary shall make appropriate prospective adjustments to the capitation payment to such 

an entity (based on an actuarially sound estimate of the expected 

costs of providing the service to such entity’s enrollees): Provided 

further, That nothing in this section shall be construed to change 

the Medicare program’s coverage for such services and a 

Medicare+Choice organization described in this section shall be responsible for informing enrollees where to obtain information about 

all Medicare covered services. 

SEC. 212. Notwithstanding any other provision of law, no provider of services under title X of the Public Health Service Act shall 

be exempt from any State law requiring notification or the reporting 

of child abuse, child molestation, sexual abuse, rape, or incest. 

SEC. 213. The Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1990 (Public Law 101–167) is 

amended— 

(1) in section 599D (8 U.S.C. 1157 note)— 

(A) in subsection (b)(3), by striking ‘‘1997, 1998, 1999, 

2000, 2001, 2002, 2003, 2004, and 2005’’ and inserting 

‘‘1997, 1998, 1999, 2000, 2001, 2002, 2003, 2004, 2005, and 

2006’’; and 

(B) in subsection (e), by striking ‘‘October 1, 2004’’ each 

place it appears and inserting ‘‘October 1, 2005’’; 

(C) in subsection (b)(1)— 

(i) in subparagraph (A), by striking ‘‘and’’ at the 

end; 

(ii) in subparagraph (B), by striking the period 

and inserting ‘‘; and’’; and 

(iii) by adding at the end the following: 

‘‘(C) one or more categories of aliens who are or were nationals and residents of the Islamic Republic or Iran who, as 

members of a religious minority in Iran, share common characteristics that identify them as targets of persecution in that state 

on account of race, religion, nationality, membership in a particular social group, or political opinion.’’; and 

(2) in section 599E (8 U.S.C. 1255 note) in subsection (b)(2), 

by striking ‘‘September 30, 2004’’ and inserting ‘‘September 30, 

2005’’. 

SEC. 214. (a) Except as provided by subsection (e) none of the 

funds appropriated by this Act may be used to withhold substance 

abuse funding from a State pursuant to section 1926 of the Public 

Health Service Act (42 U.S.C. 300x–26) if such State certifies to the 

Secretary of Health and Human Services by May 1, 2005 that the 

State will commit additional State funds, in accordance with subsection (b), to ensure compliance with State laws prohibiting the 

sale of tobacco products to individuals under 18 years of age. 

(b) The amount of funds to be committed by a State under subsection (a) shall be equal to 1 percent of such State’s substance 

abuse block grant allocation for each percentage point by which the 

State misses the retailer compliance rate goal established by the 

Secretary of Health and Human Services under section 1926 of such 

Act. 

(c) The State is to maintain State expenditures in fiscal year 

2005 for tobacco prevention programs and for compliance activities 

at a level that is not less than the level of such expenditures mainVerDate Aug 04 2004 07:33 Dec 01, 2004 Jkt 096906 PO 00000 Frm 00339 Fmt 6659 Sfmt 6603 E:\HR\OC\HR792.XXX HR792
336 

tained by the State for fiscal year 2004, and adding to that level the 

additional funds for tobacco compliance activities required under 

subsection (a). The State is to submit a report to the Secretary on 

all fiscal year 2004 State expenditures and all fiscal year 2005 obligations for tobacco prevention and compliance activities by program 

activity by July 31, 2005. 

(d) The Secretary shall exercise discretion in enforcing the timing of the State obligation of the additional funds required by the 

certification described in subsection (a) as late as July 31, 2005. 

(e) None of the funds appropriated by this Act may be used to 

withhold substance abuse funding pursuant to section 1926 from a 

territory that receives less than $1,000,000. 

SEC. 215. In order for the Centers for Disease Control and Prevention to carry out international health activities, including HIV/ 

AIDS and other infectious disease, chronic and environmental disease, and other health activities abroad during fiscal year 2005, the 

Secretary of Health and Human Services— 

(1) may exercise authority equivalent to that available to 

the Secretary of State in section 2(c) of the State Department 

Basic Authorities Act of 1956 (22 U.S.C. 2669(c)). The Secretary 

of Health and Human Services shall consult with the Secretary 

of State and relevant Chief of Mission to ensure that the authority provided in this section is exercised in a manner consistent with section 207 of the Foreign Service Act of 1980 (22 

U.S.C. 3927) and other applicable statutes administered by the 

Department of State, and 

(2) is authorized to provide such funds by advance or reimbursement to the Secretary of State as may be necessary to pay 

the costs of acquisition, lease, alteration, renovation, and management of facilities outside of the United States for the use of 

the Department of Health and Human Services. The Department of State shall cooperate fully with the Secretary of Health 

and Human Services to ensure that the Department of Health 

and Human Services has secure, safe, functional facilities that 

comply with applicable regulation governing location, setback, 

and other facilities requirements and serve the purposes established by this Act. The Secretary of Health and Human Services 

is authorized, in consultation with the Secretary of State, 

through grant or cooperative agreement, to make available to 

public or nonprofit private institutions or agencies in participating foreign countries, funds to acquire, lease, alter, or renovate facilities in those countries as necessary to conduct programs of assistance for international health activities, including 

activities relating to HIV/AIDS and other infectious diseases, 

chronic and environmental diseases, and other health activities 

abroad. 

SEC. 216. The Division of Federal Occupational Health may 

utilize personal services contracting to employ professional management/administrative and occupational health professionals. 

SEC. 217. (a) AUTHORITY.—Notwithstanding any other provision of law, the Director of the National Institutes of Health may 

use funds available under section 402(i) of the Public Health Service 

Act (42 U.S.C. 282(i)) to enter into transactions (other than contracts, cooperative agreements, or grants) to carry out research in 

support of the NIH Roadmap Initiative of the Director. 

337 

(b) PEER REVIEW.—In entering into transactions under subsection (a), the Director of the National Institutes of Health may utilize such peer review procedures (including consultation with appropriate scientific experts) as the Director determines to be appropriate 

to obtain assessments of scientific and technical merit. Such procedures shall apply to such transactions in lieu of the peer review and 

advisory council review procedures that would otherwise be required 

under sections 301(a)(3), 405(b)(1)(B), 405(b)(2), 406(a)(3)(A), 492, 

and 494 of the Public Health Service Act (42 U.S.C. 241, 

284(b)(1)(B), 284(b)(2), 284a(a)(3)(A), 289a, and 289c). 

SEC. 218. Notwithstanding any other provisions of law, funds 

made available under this heading may be used to continue operating the Council on Graduate Medical Education established by 

section 301 of Public Law 102–408. 

SEC. 219. (a) Notwithstanding section 412.23(b)(2) of title 42 of 

the Code of Federal Regulations, none of the funds appropriated by 

this Act may be expended by the Secretary of Health and Human 

Services to treat a hospital or unit of a hospital that was certified 

by the Secretary as an inpatient rehabilitation facility on or before 

June 30, 2004, as a subsection (d) hospital (as defined in section 

1886(d)(1)(B) of the Social Security Act (42 U.S.C. 

1395ww(d)(1)(B))) until, not later than 60 days after the date on 

which the report under subsection (b) is issued, the Secretary, taking into account the recommendations in such report— 

(1) determines that the classification criteria of hospitals 

and units of hospitals as inpatient rehabilitation facilities 

under such section 412.23(b)(2) are not inconsistent with such 

recommendations; or 

(2) promulgates a regulation providing for revised criteria 

under such section 412.23(b)(2), which regulation shall be effective and final immediately on an interim basis as of the date 

of publication of the regulation. 

(b) The study referred to in subsection (a) is a study by the 

Comptroller General of the United States directed in the statement 

of managers accompanying the conference report on the bill H.R. 1 

of the 108th Congress regarding clinically appropriate standards for 

defining inpatient rehabilitation services under such section 

412.23(b)(2). 

SEC. 220. In addition to funds appropriated to the Office of Inspector General of the Department of Health and Human Services 

under Public Law 104–191 and this Act, $25,000,000 shall be transferred from amounts appropriated under section 1015(a)(1) of Public Law 108–173 for activities by the Office of Inspector General of 

the Department of Health and Human Services relating to oversight 

of programs established or revised by Public Law 108–173. 

SEC. 221. The unobligated balance of the Health Professions 

Student Loan program authorized in Subpart II, Federally-Supported Student Loan Funds, of Title VII of the Public Health Services Act is rescinded. 

SEC 222. The unobligated balance of the Nursing Student Loan 

program authorized by section 835 of the Public Health Services Act 

is rescinded. 

SEC. 223. The unobligated balance, excluding amounts necessary for the costs of potential defaults, in the Medical Facilities 

Guarantee and Loan Fund is rescinded. 

338 

SEC. 224. The unobligated balance in the amount of 

$20,000,000 appropriated by Public Law 108–11 under the heading 

‘‘Public Health and Social Services Emergency Fund’’ is rescinded. 

SEC. 225. The Center for Biodefense and Emerging Infectious 

Diseases (Building 33) at the National Institutes of Health is hereby 

named the C.W. Bill Young Center for Biodefense and Emerging Infectious Diseases. 

This title may be cited as the ‘‘Department of Health and 

Human Services Appropriations Act, 2005’’. 

TITLE III—DEPARTMENT OF EDUCATION 

EDUCATION FOR THE DISADVANTAGED

For carrying out title I of the Elementary and Secondary Education Act of 1965 (‘‘ESEA’’) and section 418A of the Higher Education Act of 1965, $14,963,683,000, of which $7,382,995,000 shall 

become available on July 1, 2005, and shall remain available 

through September 30, 2006, and of which $7,383,301,000 shall become available on October 1, 2005, and shall remain available 

through September 30, 2006 for academic year 2005–2006, and of 

which $25,000,000 shall become available on October 1, 2004 and 

shall remain available until September 30, 2006: Provided, That 

$7,037,592,000 shall be available for basic grants under section 

1124: Provided further, That up to $3,500,000 of these funds shall 

be available to the Secretary of Education on October 1, 2004, to obtain annually updated educational-agency-level census poverty data 

from the Bureau of the Census: Provided further, That 

$1,365,031,000 shall be available for concentration grants under 

section 1124A: Provided further, That $2,219,843,000 shall be available for targeted grants under section 1125: Provided further, That 

$2,219,843,000 shall be available for education finance incentive 

grants under section 1125A: Provided further, That $25,000,000, 

available until September 30, 2006, shall be for a striving readers 

initiative authorized under section 1502 of the ESEA: Provided further, That $9,500,000 shall be available to carry out part E of title 

I: Provided further, That from the funds available to carry out part 

E of title I, up to $1,000,000 shall be available to the Secretary of 

Education to provide technical assistance to state and local educational agencies concerning part A of title I: Provided further, That 

$207,000,000 shall be available for comprehensive school reform 

grants under part F of the ESEA. 

IMPACT AID

For carrying out programs of financial assistance to federally 

affected schools authorized by title VIII of the Elementary and Secondary Education Act of 1965, $1,253,893,000, of which 

$1,083,687,000 shall be for basic support payments under section 

8003(b), $50,369,000 shall be for payments for children with disabilities under section 8003(d), $48,936,000 shall be for construction 

under section 8007 and shall remain available through September 

30, 2006, $63,000,000 shall be for Federal property payments under 

section 8002, and $7,901,000, to remain available until expended, 

shall be for facilities maintenance under section 8008: Provided, 

That $3,000,000 of the funds for section 8007 shall be available for 

339 

the local educational agencies and in the amounts specified in the 

statement of the managers on the conference report accompanying 

this Act: Provided further, That, notwithstanding any other provision of law, these funds shall remain available until expended : Provided further, That for purposes of computing the amount of a payment for an eligible local educational agency under section 8003(a) 

of the Elementary and Secondary Education Act (20 U.S.C. 7703(a)) 

for school year 2004–2005, children enrolled in a school of such 

agency that would otherwise be eligible for payment under section 

8003(a)(1)(B) of such Act, but due to the deployment of both parents 

or legal guardians, or a parent or legal guardian having sole custody of such children, or due to the death of a military parent or 

legal guardian while on active duty (so long as such children reside 

on Federal property as described in section 8003(a)(1)(B)), are no 

longer eligible under such section, shall be considered as eligible 

students under such section, provided such students remain in average daily attendance at a school in the same local educational agency they attended prior to their change in eligibility status. 

SCHOOL IMPROVEMENT PROGRAMS

For carrying out school improvement activities authorized by titles II, part B of title IV, part A and subparts 6 and 9 of part D 

of title V, parts A and B of title VI, and parts B and C of title VII 

of the Elementary and Secondary Education Act of 1965 (‘‘ESEA’’); 

the McKinney-Vento Homeless Assistance Act; section 203 of the 

Educational Technical Assistance Act of 2002; the Compact of Free 

Association Amendments Act of 2003; and the Civil Rights Act of 

1964, $5,664,977,000, of which $4,034,196,000 shall become available on July 1, 2005, and remain available through September 30, 

2006, and of which $1,435,000,000 shall become available on October 1, 2005, and shall remain available through September 30, 

2006, for academic year 2005–2006: Provided, That funds made 

available to carry out part B of title VII of the ESEA may be used 

for construction, renovation and modernization of any elementary 

school, secondary school, or structure related to an elementary 

school or secondary school, run by the Department of Education of 

the State of Hawaii, that serves a predominantly Native Hawaiian 

student body: Provided further, That from the funds referred to in 

the preceding proviso, not less than $1,000,000 shall be for a grant 

to the Department of Education of the State of Hawaii for the activities described in such proviso, and $600,000 shall be for a grant to 

the University of Hawaii School of Law for a Center of Excellence 

in Native Hawaiian law: Provided further, That funds made available to carry out part C of title VII of the ESEA may be used for 

construction: Provided further, That from the funds referred to in 

the preceding proviso, $2,000,000 shall be provided to the Yuut 

Elitnaurviut Vocational Learning Center in Bethel, Alaska for construction; $1,000,000 shall be provided to the University of Alaska 

Anchorage for high school enrichment programs of the UAA Native 

Science and Engineering program; and notwithstanding any other 

provision of law, of the funds available to the Alaska Native Heritage Center, up to $1,000,000 may be used for repair and renovation 

of buildings on its campus: Provided further, That $415,000,000 

shall be for State assessments and related activities authorized 

under sections 6111 and 6112 of the ESEA: Provided further, That 

340 

the amount made available in the Department of Education Appropriations Act, 2004, under the heading School Improvement Programs and including any funds transferred by the Secretary of Education pursuant to section 304 of that Act for state assessment 

grants authorized under section 6111 of the Elementary and Secondary Education Act of 1965, shall not be less than $390,000,000: 

Provided further, That, notwithstanding any other provision of law, 

including any across-the-board reduction that would otherwise 

apply, the funds made available for fiscal year 2005 under the 

heading School Improvement Programs for state assessment grants 

under section 6111 of the Elementary and Secondary Education Act 

of 1965 shall not be less than $400,000,000: Provided further, That 

$57,283,000 shall be available to carry out section 203 of the Educational Technical Assistance Act of 2002: Provided further, That 

$29,111,000 shall be available to carry out part D of title V of the 

ESEA: Provided further, That no funds appropriated under this 

heading may be used to carry out section 5494 under the ESEA: 

Provided further, That $12,230,000 shall be available to carry out 

the Supplemental Education Grants program for the Federated 

States of Micronesia, and $6,100,000 shall be available to carry out 

the Supplemental Education Grants program for the Republic of the 

Marshall Islands: Provided further, That up to five percent of these 

amounts may be reserved by the Federated States of Micronesia and 

the Republic of the Marshall Islands to administer the Supplemental Education Grants programs and to obtain technical assistance, oversight and consultancy services in the administration of 

these grants and to reimburse the U.S. Departments of Labor, 

Health and Human Services, and Education for such services. 

INDIAN EDUCATION

For expenses necessary to carry out, to the extent not otherwise 

provided, title VII, part A of the Elementary and Secondary Education Act of 1965, $120,856,000. 

INNOVATION AND IMPROVEMENT

For carrying out activities authorized by parts G and H of title 

I, subpart 5 of part A and parts C and D of title II, parts B, C, and 

D of title V, and section 1504 of the Elementary and Secondary 

Education Act of 1965 (‘‘ESEA’’), $1,101,454,000: Provided, That 

$17,000,000 shall be available to carry out section 2151(c) of the 

ESEA, of which not less than $10,000,000 shall be provided to the 

National Board for Professional Teaching Standards, and not less 

than $7,000,000 shall be provided to the American Board for the 

Certification of Teacher Excellence: Provided further, That 

$37,279,000 shall be for subpart 2 of part B of title V: Provided further, That $417,418,000 shall be available to carry out part D of 

title V of the ESEA: Provided further, That $246,963,000 of the 

funds for subpart 1, part D of title V of the ESEA shall be available 

for the projects and in the amounts specified in the statement of the 

managers on the conference report accompanying this Act. 

SAFE SCHOOLS AND CITIZENSHIP EDUCATION

For carrying out activities authorized by subpart 3 of part C of 

title II, part A of title IV, and subparts 2, 3 and 10 of part D of 

341 

title V of the Elementary and Secondary Education Act of 1965 

(‘‘ESEA’’), title VIII–D of the Higher Education Amendments of 

1998, and Public Law 102–73, $867,713,000, of which 

$467,908,000, shall become available on July 1, 2005 and remain 

available through September 30, 2006: Provided, That of the 

amount available for subpart 2 of part A of title IV of the ESEA, 

$850,000 shall be used to continue the National Recognition Awards 

program under the same guidelines outlined by section 120(f) of 

Public Law 105–244: Provided further, That $440,908,000 shall be 

available for subpart 1 of part A of title IV and $236,472,000 shall 

be available for subpart 2 of part A of title IV: Provided further, 

That $133,691,000 shall be available to carry out part D of title V 

of the ESEA: Provided further, That of the funds available to carry 

out subpart 3 of part C of title II, up to $12,292,000 may be used 

to carry out section 2345 and $3,050,000 shall be used by the Center 

for Civic Education to implement a comprehensive program to improve public knowledge, understanding, and support of the Congress and the state legislatures: Provided further, That $27,000,000 

shall be for Youth Offender Grants, of which $5,000,000 shall be 

used in accordance with section 601 of Public Law 102–73 as that 

section was in effect prior to enactment of Public Law 105–220: Provided further, That of the funds available to carry out subpart 10 

of part D of title V, up to $2,000,000 may be used to support the 

Special Olympics National Summer Games. 

ENGLISH LANGUAGE ACQUISITION

For carrying out part A of title III of the ESEA, $681,215,000, 

of which $595,715,000 shall become available on July 1, 2005, and 

shall remain available through September 30, 2006: Provided, That 

funds reserved under section 3111(c)(1)(D) of the ESEA that are not 

used in accordance with section 3111(c)(2) may be added to the 

funds that are available July 1, 2005, through September 30, 2006, 

for State allotments under section 3111(c)(3). 

SPECIAL EDUCATION

For carrying out parts B, C, and D of the Individuals with Disabilities Education Act, $11,767,748,000, of which $6,145,270,000 

shall become available for obligation on July 1, 2005, and shall remain available through September 30, 2006, and of which 

$5,413,000,000 shall become available on October 1, 2005, and shall 

remain available through September 30, 2006, for academic year 

2005–2006: Provided, That $11,400,000 shall be for Recording for 

the Blind and Dyslexic, Inc., to support the development, production, and circulation of recorded educational materials: Provided 

further, That $1,500,000 shall be for the recipient of funds provided 

by Public Law 105–78 under section 687(b)(2)(G) of the Act as in 

effect prior to the enactment of the Individuals with Disabilities 

Education Improvement Act of 2004 to provide information on diagnosis, intervention, and teaching strategies for children with disabilities: Provided further, That the amount for section 611(c) of the 

Act shall be equal to the amount available for that section during 

fiscal year 2004, increased by the amount of inflation as specified 

in section 611(f)(1)(B)(ii) of the Act (as in effect prior to the enactVerDate Aug 04 2004 07:33 Dec 01, 2004 Jkt 096906 PO 00000 Frm 00345 Fmt 6659 Sfmt 6603 E:\HR\OC\HR792.XXX HR792
342 

ment of the Individuals with Disabilities Education Improvement 

Act of 2004). 

REHABILITATION SERVICES AND DISABILITY RESEARCH

For carrying out, to the extent not otherwise provided, the Rehabilitation Act of 1973, the Assistive Technology Act of 1998 (‘‘the AT 

Act’’), and the Helen Keller National Center Act, $3,076,112,000, of 

which $1,000,000 shall be awarded to the American Academy of 

Orthotists and Prosthetists for activities that further the purposes of 

the grant received by the Academy for the period beginning October 

1, 2003, including activities to meet the demand for orthotic and 

prosthetic provider services and improve patient care: Provided, 

That $30,000,000 shall be used for carrying out the AT Act, including $4,420,760 for State grants for protection and advocacy under 

section 5 of the AT Act and $4,055,000 shall be for alternative financing programs: Provided further, That the Federal share of 

grants for alternative financing programs under section 4(b)(2)(D) of 

the AT Act shall not exceed 75 percent, and the requirements in section 301(c)(2) and section 302 of the AT Act (as in effect on the day 

before the date of enactment of the Assistive Technology Act of 2004) 

shall not apply to such grants: Provided further, That $7,030,000 

of the funds for section 303 of the Rehabilitation Act of 1973 shall 

be available for the projects and in the amounts specified in the 

statement of the managers of the conference report accompanying 

this Act. 

SPECIAL INSTITUTIONS FOR PERSONS WITH DISABILITIES

AMERICAN PRINTING HOUSE FOR THE BLIND

For carrying out the Act of March 3, 1879, as amended (20 U.S.C. 101 et seq.), $17,000,000. 

NATIONAL TECHNICAL INSTITUTE FOR THE DEAF

For the National Technical Institute for the Deaf under titles I 

and II of the Education of the Deaf Act of 1986 (20 U.S.C. 4301 et 

seq.), $55,790,000, of which $1,685,000 shall be for construction and 

shall remain available until expended: Provided, That from the 

total amount available, the Institute may at its discretion use funds 

for the endowment program as authorized under section 207. 

GALLAUDET UNIVERSITY

For the Kendall Demonstration Elementary School, the Model 

Secondary School for the Deaf, and the partial support of Gallaudet 

University under titles I and II of the Education of the Deaf Act of 

1986 (20 U.S.C. 4301 et seq.), $105,400,000: Provided, That from 

the total amount available, the University may at its discretion use 

funds for the endowment program as authorized under section 207. 

VOCATIONAL AND ADULT EDUCATION

For carrying out, to the extent not otherwise provided, the Carl 

D. Perkins Vocational and Technical Education Act of 1998, the 

Adult Education and Family Literacy Act, and subparts 4 and 11 

of part D of title V of the Elementary and Secondary Education Act 

of 1965 (‘‘ESEA’’), $2,027,166,000, of which $1,226,404,000 shall beVerDate Aug 04 2004 07:33 Dec 01, 2004 Jkt 096906 PO 00000 Frm 00346 Fmt 6659 Sfmt 6603 E:\HR\OC\HR792.XXX HR792
343 

come available on July 1, 2005 and shall remain available through 

September 30, 2006 and of which $791,000,000 shall become available on October 1, 2005 and shall remain available through September 30, 2006: Provided, That of the amount provided for Adult 

Education State Grants, $69,135,000 shall be made available for integrated English literacy and civics education services to immigrants and other limited English proficient populations: Provided 

further, That of the amount reserved for integrated English literacy 

and civics education, notwithstanding section 211 of the Adult Education and Family Literacy Act, 65 percent shall be allocated to 

States based on a State’s absolute need as determined by calculating each State’s share of a 10–year average of the Immigration 

and Naturalization Service data for immigrants admitted for legal 

permanent residence for the 10 most recent years, and 35 percent allocated to States that experienced growth as measured by the average of the 3 most recent years for which Immigration and Naturalization Service data for immigrants admitted for legal permanent residence are available, except that no State shall be allocated 

an amount less than $60,000: Provided further, That of the 

amounts made available for the Adult Education and Family Literacy Act, $9,169,000 shall be for national leadership activities 

under section 243 and $6,692,000 shall be for the National Institute 

for Literacy under section 242: Provided further, That $100,238,000 

shall be available to carry out part D of title V of the ESEA: Provided further, That $95,238,000 shall be available to support the activities authorized under subpart 4 of part D of title V of the Elementary and Secondary Education Act of 1965, of which up to 5 

percent shall become available October 1, 2004 and shall remain 

available through September 30, 2006, for evaluation, technical assistance, school networking, peer review of applications, and program outreach activities, and of which not less than 95 percent 

shall become available on July 1, 2005, and remain available 

through September 30, 2006, for grants to local educational agencies: Provided further, That funds made available to local education 

agencies under this subpart shall be used only for activities related 

to establishing smaller learning communities in high schools. 

STUDENT FINANCIAL ASSISTANCE

For carrying out subparts 1, 3 and 4 of part A, part C and part 

E of title IV of the Higher Education Act of 1965, as amended, 

$14,380,795,000, which shall remain available through September 

30, 2006. 

The maximum Pell Grant for which a student shall be eligible 

during award year 2005–2006 shall be $4,050. 

STUDENT AID ADMINISTRATION

For Federal administrative expenses (in addition to funds made 

available under section 458), to carry out part D of title I, and subparts 1, 3, and 4 of part A, and parts B, C, D and E of title IV 

of the Higher Education Act of 1965, as amended, $120,247,000. 

HIGHER EDUCATION

For carrying out, to the extent not otherwise provided, section 

121 and titles II, III, IV, V, VI, and VII of the Higher Education 

344 

Act of 1965 (‘‘HEA’’), as amended, section 1543 of the Higher Education Amendments of 1992, the Mutual Educational and Cultural 

Exchange Act of 1961, title VIII of the Higher Education Amendments of 1998, and section 117 of the Carl D. Perkins Vocational 

and Technical Education Act, $2,134,269,000, of which $1,500,000 

for interest subsidies authorized by section 121 of the HEA shall remain available until expended: Provided, That $9,876,000, to remain available through September 30, 2006, shall be available to 

fund fellowships for academic year 2006–2007 under part A, subpart 1 of title VII of said Act, under the terms and conditions of 

part A, subpart 1: Provided further, That notwithstanding any other 

provision of law or any regulation, the Secretary of Education shall 

not require the use of a restricted indirect cost rate for grants issued 

pursuant to section 117 of the Carl D. Perkins Vocational and Technical Education Act of 1998: Provided further, That $988,000 is for 

data collection and evaluation activities for programs under the 

HEA, including such activities needed to comply with the Government Performance and Results Act of 1993: Provided further, That 

notwithstanding any other provision of law, funds made available 

in this Act to carry out title VI of the HEA and section 102(b)(6) of 

the Mutual Educational and Cultural Exchange Act of 1961 may be 

used to support visits and study in foreign countries by individuals 

who are participating in advanced foreign language training and 

international studies in areas that are vital to United States national security and who plan to apply their language skills and 

knowledge of these countries in the fields of government, the professions, or international development: Provided further, That of the 

funds referred to in the preceding proviso up to one percent may be 

used for program evaluation, national outreach, and information 

dissemination activities and $1,500,000 shall be used for a contract 

with the National Research Council to carry out an independent review of title VI international education and foreign language studies and the section 102(b)(6) Fulbright-Hays programs: Provided 

further, That the funds provided for title II of the HEA shall be allocated notwithstanding section 210 of such Act: Provided further, 

That $146,360,000 of the funds for part B of title VII of the Higher 

Education Act of 1965 shall be available for the projects and in the 

amounts specified in the statement of the managers of the conference 

report accompanying this Act. 

HOWARD UNIVERSITY

For partial support of Howard University (20 U.S.C. 121 et 

seq.), $240,715,000, of which not less than $3,552,000 shall be for 

a matching endowment grant pursuant to the Howard University 

Endowment Act (Public Law 98–480) and shall remain available 

until expended. 

COLLEGE HOUSING AND ACADEMIC FACILITIES LOANS PROGRAM

For Federal administrative expenses authorized under section 

121 of the Higher Education Act of 1965, $578,000 to carry out activities related to existing facility loans entered into under the Higher Education Act of 1965. 

345 

HISTORICALLY BLACK COLLEGE AND UNIVERSITY CAPITAL

FINANCING PROGRAM ACCOUNT

The aggregate principal amount of outstanding bonds insured 

pursuant to section 344 of title III, part D of the Higher Education 

Act of 1965, shall not exceed $357,000,000, and the cost, as defined 

in section 502 of the Congressional Budget Act of 1974, of such 

bonds shall not exceed zero. 

For administrative expenses to carry out the Historically Black 

College and University Capital Financing Program entered into 

pursuant to title III, part D of the Higher Education Act of 1965, 

as amended, $212,000. 

INSTITUTE OF EDUCATION SCIENCES

For carrying out activities authorized by the Education Sciences 

Reform Act of 2002, as amended, The National Assessment of Educational Progress Authorization Act, and section 208 of the Educational Technical Assistance Act of 2002, $527,453,000: Provided, 

That, of the amount appropriated, $190,518,000 shall be available 

for obligation until September 30, 2006: Provided further, That 

$83,774,000 shall be for research and innovation in special education authorized under section 177 of the Education Science Reform Act, as amended: Provided further, That $10,623,000 of the 

funds for section 177 of the Act shall be available for the projects 

and in the amounts specified in the statement of the managers of 

the conference report accompanying this Act. 

DEPARTMENTAL MANAGEMENT

PROGRAM ADMINISTRATION

For carrying out, to the extent not otherwise provided, the Department of Education Organization Act, including rental of conference rooms in the District of Columbia and hire of three passenger motor vehicles, $423,379,000. 

OFFICE FOR CIVIL RIGHTS

For expenses necessary for the Office for Civil Rights, as authorized by section 203 of the Department of Education Organization 

Act, $90,248,000. 

OFFICE OF THE INSPECTOR GENERAL

For expenses necessary for the Office of the Inspector General, 

as authorized by section 212 of the Department of Education Organization Act, $47,790,000. 

GENERAL PROVISIONS

SEC. 301. No funds appropriated in this Act may be used for 

the transportation of students or teachers (or for the purchase of 

equipment for such transportation) in order to overcome racial imbalance in any school or school system, or for the transportation of 

students or teachers (or for the purchase of equipment for such 

transportation) in order to carry out a plan of racial desegregation 

of any school or school system. 

346 

SEC. 302. None of the funds contained in this Act shall be used 

to require, directly or indirectly, the transportation of any student 

to a school other than the school which is nearest the student’s 

home, except for a student requiring special education, to the school 

offering such special education, in order to comply with title VI of 

the Civil Rights Act of 1964. For the purpose of this section an indirect requirement of transportation of students includes the transportation of students to carry out a plan involving the reorganization 

of the grade structure of schools, the pairing of schools, or the clustering of schools, or any combination of grade restructuring, pairing 

or clustering. The prohibition described in this section does not include the establishment of magnet schools. 

SEC. 303. No funds appropriated under this Act may be used 

to prevent the implementation of programs of voluntary prayer and 

meditation in the public schools. 

(TRANSFER OF FUNDS)

SEC. 304. Not to exceed 1 percent of any discretionary funds 

(pursuant to the Balanced Budget and Emergency Deficit Control 

Act of 1985, as amended) which are appropriated for the Department of Education in this Act may be transferred between appropriations, but no such appropriation shall be increased by more 

than 3 percent by any such transfer: Provided, That the Appropriations Committees of both Houses of Congress are notified at least 15 

days in advance of any transfer. 

SEC. 305. Section 8002(m) of the Elementary and Secondary 

Education Act of 1965 (20 U.S.C. 7702(m)) is amended by striking 

‘‘5 years’’ each place it appears and inserting ‘‘7 years’’. 

SEC. 306. (a) Section 167 of division H of the Consolidated Appropriations Act, 2004 (Public Law 108–199; 118 Stat. 3) is amended by striking ‘‘$200,000, for Western Maine Technical College, 

South Paris, Maine, for education programs and marketing activities’’ and inserting ‘‘$200,000, for Central Maine Community College, Auburn, Maine, for education programs, student recruitment 

and marketing activities at the Central Maine Community CollegeWestern Maine University and Community College Center in South 

Paris, Maine’’. 

(b) In the statement of the managers of the committee of conference accompanying H.R. 2673 (Public Law 108–199; House Report 108–401), in the matter in title III of division E, relating to the 

Fund for the Improvement of Education under the heading ‘‘Innovation and Improvement’’ the provision specifying $300,000 for the 

Provo City Public Schools, Provo, Utah, to develop, purchase and 

implement an English language instructional program for training 

and certifying ESL teachers shall be deemed to read as follows: 

‘‘Provo City Public Schools, Provo, Utah, for an English language 

instructional program, $300,000’’. 

SEC. 307. Notwithstanding any other provision of law, students 

from the Republic of the Marshall Islands and the Federated States 

of Micronesia enrolled in institutions of the Republic of Palau shall 

be eligible for grants under subpart 1 of part A of title IV of the 

Higher Education Act of 1965 to the extent such grants continue to 

be available to students from the Republic of the Marshall Islands 

and the Federated States of Micronesia who are attending institutions in the United States. 

347 

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

TITLE IV—RELATED AGENCIES 

ARMED FORCES RETIREMENT HOME

For expenses necessary for the Armed Forces Retirement Home 

to operate and maintain the Armed Forces Retirement Home— 

Washington and the Armed Forces Retirement Home—Gulfport, to 

be paid from funds available in the Armed Forces Retirement Home 

Trust Fund, $61,624,000, of which $4,000,000 shall remain available until expended for construction and renovation of the physical 

plants at the Armed Forces Retirement Home—Washington and the 

Armed Forces Retirement Home—Gulfport. 

COMMITTEE FOR PURCHASE FROM PEOPLE WHO ARE BLIND OR

SEVERELY DISABLED

For expenses necessary of the Committee for Purchase From 

People Who Are Blind or Severely Disabled established by Public 

Law 92–28, $4,707,000. 

CORPORATION FOR NATIONAL AND COMMUNITY SERVICE

DOMESTIC VOLUNTEER SERVICE PROGRAMS, OPERATING EXPENSES

For expenses necessary for the Corporation for National and 

Community Service to carry out the provisions of the Domestic Volunteer Service Act of 1973, as amended, $356,598,000: Provided, 

That none of the funds made available to the Corporation for National and Community Service in this Act for activities authorized 

by section 122 of Part C of Title I and Part E of Title II of the Domestic Volunteer Service Act of 1973 shall be used to provide stipends or other monetary incentives to volunteers or volunteer leaders whose incomes exceed 125 percent of the national poverty level. 

CORPORATION FOR PUBLIC BROADCASTING

For payment to the Corporation for Public Broadcasting, as authorized by the Communications Act of 1934, an amount which 

shall be available within limitations specified by that Act, for the 

fiscal year 2007, $400,000,000: Provided, That no funds made 

available to the Corporation for Public Broadcasting by this Act 

shall be used to pay for receptions, parties, or similar forms of entertainment for Government officials or employees: Provided further, 

That none of the funds contained in this paragraph shall be available or used to aid or support any program or activity from which 

any person is excluded, or is denied benefits, or is discriminated 

against, on the basis of race, color, national origin, religion, or sex: 

Provided further, That for fiscal year 2005, in addition to the 

amounts provided above, $39,705,000 shall be for costs related to 

digital program production, development, and distribution, associated with the transition of public broadcasting to digital broadcasting, to be awarded as determined by the Corporation in consultation with public radio and television licensees or permittees, or 

their designated representatives: Provided further, That for fiscal 

year 2005, in addition to the amounts provided above, $40,000,000 

348 

shall be for the costs associated with replacement and upgrade of 

the public television interconnection system: Provided further, That 

none of the funds made available to the Corporation for Public 

Broadcasting by this Act, Public Law 108–199 or Public Law 108– 

7, shall be used to support the Television Future Fund or any similar purpose. 

FEDERAL MEDIATION AND CONCILIATION SERVICE

SALARIES AND EXPENSES

For expenses necessary for the Federal Mediation and Conciliation Service to carry out the functions vested in it by the Labor 

Management Relations Act, 1947 (29 U.S.C. 171–180, 182–183), including hire of passenger motor vehicles; for expenses necessary for 

the Labor-Management Cooperation Act of 1978 (29 U.S.C. 175a); 

and for expenses necessary for the Service to carry out the functions 

vested in it by the Civil Service Reform Act, Public Law 95–454 (5 

U.S.C. ch. 71), $44,797,000, including $1,500,000, to remain available through September 30, 2006, for activities authorized by the 

Labor-Management Cooperation Act of 1978 (29 U.S.C. 175a): Provided, That notwithstanding 31 U.S.C. 3302, fees charged, up to 

full-cost recovery, for special training activities and other conflict 

resolution services and technical assistance, including those provided to foreign governments and international organizations, and 

for arbitration services shall be credited to and merged with this account, and shall remain available until expended: Provided further, 

That fees for arbitration services shall be available only for education, training, and professional development of the agency workforce: Provided further, That the Director of the Service is authorized to accept and use on behalf of the United States gifts of services 

and real, personal, or other property in the aid of any projects or 

functions within the Director’s jurisdiction. 

FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION

SALARIES AND EXPENSES

For expenses necessary for the Federal Mine Safety and Health 

Review Commission (30 U.S.C. 801 et seq.), $7,872,000. 

INSTITUTE OF MUSEUM AND LIBRARY SERVICES

OFFICE OF MUSEUM AND LIBRARY SERVICES: GRANTS AND

ADMINISTRATION

For carrying out the Museum and Library Services Act of 1996, 

$282,827,000, to remain available until expended: Provided, That of 

the amount provided, $100,000 shall be awarded to Academy of 

Natural Sciences, Philadelphia, Pennsylvania, for exhibits and programming associated with the Lewis and Clark expedition, 

$300,000 shall be awarded to Alaska Native Heritage Museum, Anchorage, AK in cooperation with the Koahnic Broadcasting Corporation for its Elders Oral History Project, $50,000 shall be awarded 

to Alex Haley House and Museum, Henning, TN to preserve collections and improve exhibits, $100,000 shall be awarded to Allegheny 

County, Pittsburgh, Pennsylvania for exhibit design and development, $100,000 shall be awarded to Allentown Public Library, AlVerDate Aug 04 2004 07:33 Dec 01, 2004 Jkt 096906 PO 00000 Frm 00352 Fmt 6659 Sfmt 6603 E:\HR\OC\HR792.XXX HR792
349 

lentown, Pennsylvania, for technological upgrades and educational 

programs, $400,000 shall be awarded to AMISTAD America, Inc., 

New Haven, Connecticut, for an endowment fund as authorized 

under P.L. 108–184, $320,000 shall be awarded to Amistad Research Center, Tulane University, New Orleans, Louisiana, for faculty research fellowship and student internship programs, $50,000 

shall be awarded to Anniston Museum of Natural History, Anniston, Alabama, for enhanced classroom curriculum, $100,000 shall 

be awarded to Antiquarian & Landmarks Society, Hartford, Connecticut, for the Nathan Hale Homestead in Coventry, $100,000 

shall be awarded to Arab Community Center for Economic and Social Services (ACCESS), Dearborn, Michigan, for exhibits and museum programs, $75,000 shall be awarded to Athenaeum of Philadelphia, Philadelphia, Pennsylvania, for conservation and preservation of library materials, $75,000 shall be awarded to Audubon 

Pennsylvania, Audubon, Pennsylvania, for exhibits and nature education programs at the Mill Grove Audubon Center, $200,000 shall 

be awarded to Autry National Center, Los Angeles, California, for 

exhibits, education programs and outreach at its Southwest Museum of the American Indian and/or its Museum of the American 

West, $200,000 shall be awarded to Baylor University, Waco, Texas, 

for archival activities, exhibits, and education programs for the 

Mayborn Museum Complex, $500,000 shall be awarded to Beth 

Medrash Govoha, Lakewood, New Jersey, for equipment, exhibits 

and preservation of collections, $125,000 shall be awarded to Bibliographical Society of America, New York, New York, $500,000 shall 

be awarded to Bishop Museum in Hawaii for digitization of old Hawaiian language newspapers and other activities to preserve the culture of Native Hawaiians, $100,000 shall be awarded to Boys and 

Girls Harbor, New York, New York, for the preservation and digitalization of Raices Collection, a multi-media collection documenting the history of Afro-Caribbean Latin music in America, 

$75,000 shall be awarded to Brooklyn Academy of Music, Brooklyn, 

New York, for preservation and management of its archives, 

$50,000 shall be awarded to Business Association of West Parkside, 

Philadelphia, Pennsylvania to exhibit the Negro Leagues Baseball 

Memorial, $200,000 shall be awarded to Canton Museum of Art, 

Canton, Ohio, to develop and implement the HeARTland program, 

$100,000 shall be awarded to Cape Cod Maritime Museum, 

Hyannis, Massachusetts for the development of exhibitions and programs, $100,000 shall be awarded to Carnegie Museums of Pittsburgh, Pittsburgh, Pennsylvania, for preservation of collections at 

the Carnegie Museum of Natural History, $25,000 shall be awarded 

to Catawba County Historical Association, Newton, North Carolina, 

$200,000 shall be awarded to Chaldean Community Culture Center, 

West Bloomfield, Michigan, for programs that promote Chaldean 

language, history, culture and teacher training, $400,000 shall be 

awarded to Charles H. Wright Museum of African American History, Detroit, Michigan, for exhibits, education programs, technology 

and operations, $84,000 shall be awarded to Cherry Hill Township 

in New Jersey for improved library technology, $150,000 shall be 

awarded to Chicago Historical Society, Chicago, Illinois for expansion of the Chicago Historical Society’s collections and exhibits, 

$200,000 shall be awarded to Children’s Museum in Oak Lawn, 

Oak Lawn, Illinois, for its ‘‘Explore and Soar’’ education program, 

350 

$100,000 shall be awarded to City of Henderson, North Carolina, 

for personnel, equipment and technology for the H. Leslie Perry Memorial Library, $200,000 shall be awarded to City of Jackson, Mississippi for the Medger Wiley Evers Museum for program and exhibit design and development, $250,000 shall be awarded to City of 

Jackson, TN to support technology upgrades at the Jackson-Madison County Public Library, $150,000 shall be awarded to City of 

Murrieta Public Library, Murrieta, California, for a Literacy thru 

Technology Program, $500,000 shall be awarded to Claude Pepper 

Center in Tallahassee, Florida for the digitization of library holdings, $100,000 shall be awarded to College of Physicians of Philadelphia, Philadelphia, Pennsylvania, to preserve its medical library 

and art collection, $50,000 shall be awarded to Colleton County Memorial Library, Walterboro, South Carolina, for books and library 

materials, $76,000 shall be awarded to Columbus Museum of Art, 

Columbus, Ohio, to develop, test, and fabricate the exhibition, train 

teachers and docents and publicize the project and produce related 

educational materials, $72,000 shall be awarded to Contra Costa 

County, Martinez, California, for the Contra Costa Reads program, 

$300,000 shall be awarded to Currier Museum of Art, Manchester, 

New Hampshire for educational programs and community outreach, 

$825,000 shall be awarded to Des Moines Arts Center for the protection of the current collection, $500,000 shall be awarded to east 

Tennessee Historical Society, Knoxville, Tennessee, to expand and 

develop exhibits that teach of the culture and history of East Tennessee, $30,000 shall be awarded to Edison House Museum, Louisville, Kentucky, for educational programs, $100,000 shall be awarded to Everhart Museum, Scranton, Pennsylvania, $430,000 shall be 

awarded to Experience Music Project in Seattle, Washington for an 

Oral History Program, $100,000 shall be awarded to Fairfax County Public Library, Fairfax, VA, for its Motheread/Fatheread Plus 

family literacy initiative, $800,000 shall be awarded to Field Museum, Chicago, Illinois for establishing networked computer database for collections management, $100,000 shall be awarded to Fine 

Arts Museums of San Francisco for the De Young Museum’s Art 

Education Program, $275,000 shall be awarded to Florence Library 

Learning Center, Los Angeles, California, for reading and other 

education programs, $650,000 shall be awarded to Florida International Museum, St. Petersburg, Florida, for professional activities, $500,000 shall be awarded to Folger Library, Washington, 

D.C., for exhibits, operations, and public programs including education and outreach, $50,000 shall be awarded to Frederick Douglass Museum, Washington, D.C., for an African American cultural 

outreach center, $75,000 shall be awarded to Free Library of Philadelphia, Philadelphia, Pennsylvania, for technology and equipment 

upgrades, $350,000 shall be awarded to George Washington University, Washington, D.C., for the Eleanor Roosevelt Papers Project, 

$12,000 shall be awarded to Greenburgh Public Library, 

Tarrytown, New York, for computers and technology, $50,000 shall 

be awarded to Greensburg Hempfield Area Public Library, Greensburg, Pennsylvania for computers, $500,000 shall be awarded to 

Grout Museum, Waterloo, IA, for exhibitions, $200,000 shall be 

awarded to Harbor Heritage Society, Cleveland, Ohio, for MAKING 

WAVES: Vessel-wide interpretive exhibit planning for the Steamship 

William G. Mather Maritime Museum, $250,000 shall be awarded 

351 

to HealthSpace Cleveland, Cleveland, Ohio for exhibits, $75,000 

shall be awarded to Hellenic Cultural Association, Salt Lake City, 

UT, for exhibit and program development at the Hellenic Cultural 

Museum, $150,000 shall be awarded to Hendry County, LaBelle, 

FL, for books and technology for Harlem Library, $500,000 shall be 

awarded to Hesperia Community Library, Hesperia, California, 

$75,000 shall be awarded to Historical Society of Western Pennsylvania, Pittsburgh, Pennsylvania for exhibit and curriculum development for the Western Pennsylvania Sports Museum, $75,000 shall 

be awarded to HistoryMakers, Chicago, Illinois, to create a digital 

archive dedicated to preserving the history and accomplishments of 

African Americans, $150,000 shall be awarded to Home Port Alliance for the USS New Jersey for restoration and preservation, 

$100,000 shall be awarded to Hopkinsville-Christian County Public 

Library, Hopkinsville, Kentucky, $250,000 shall be awarded to 

Hunter College, New York, New York, to digitize, preserve and archive collections of the Center for Puerto Rican Studies and for public access and dissemination activities, $300,000 shall be awarded 

to Huntsville Museum of Art, Huntsville, Alabama, for exhibits, 

technology, outreach and education programs, $300,000 shall be 

awarded to International Museum of Women, San Francisco, California, for education and teacher professional development programs, $75,000 shall be awarded to Iona College, New York, for 

technology upgrade for the Ryan Library, $150,000 shall be awarded to Italian-American Cultural Center of Iowa in Des Moines, IA 

for exhibits, multi-media collections, display, $72,000 shall be 

awarded to Jackson County Library System, Ripley, WV, $415,000 

shall be awarded to James Ford Bell Museum of Natural History, 

University of Minnesota, Minneapolis, MN, for exhibits and education programs, $350,000 shall be awarded to Johnstown Area 

Heritage Association, Johnstown, Pennsylvania, for exhibits and 

education programs for the Heritage Discovery Center, $25,000 shall 

be awarded to Josephine School Community Museum, Berryville, 

Virginia, $400,000 shall be awarded to Kansas State University, 

Manhattan, KS for the 20th Century Soldier Project, $250,000 shall 

be awarded to Kidspace Children’s Museum, Pasadena, California, 

to develop its Shake Zone Education Exhibit, $100,000 shall be 

awarded to Lafayette College, Easton, Pennsylvania, for technology 

updates to the David Bishop Skillman Library, $50,000 shall be 

awarded to Livingston Parish Hungarian Museum, Denham 

Springs, Louisiana, $500,000 shall be awarded to Maltz Museum of 

Jewish Heritage, Beachwood, Ohio, for a Cradle of Christianity: 

Biblical Treasures from the Holy Land traveling exhibition, 

$250,000 shall be awarded to MAPS Air Museum, North Canton, 

Ohio, to develop educational displays, upkeep of current displays, library expansion, historical research and operation expenses, 

$100,000 shall be awarded to Mauch Chunk Historical Society of 

Carbon County, Jim Thorpe, Pennsylvania, $500,000 shall be 

awarded to Memphis Zoo, Memphis, Tennessee to develop exhibits 

and support student programs, $400,000 shall be awarded to Miami 

Museum of Science & Space Transit Planetarium, Miami, Florida, 

for exhibits, outreach, and education programs, $200,000 shall be 

awarded to Mid-Hudson Children’s Museum, Poughkeepsie, New 

York, for a Comprehensive Technology Enrichment Program to enhance exhibits, $40,000 shall be awarded to Milford Area Historical 

352 

Society, Milford, Ohio, for the Promont House Museum, $450,000 

shall be awarded to Milton J. Rubenstein Museum of Science and 

Technology, Syracuse, New York, $1,540,000 shall be awarded to 

Missouri Historical Society, St. Louis, Missouri, for the establishment and maintenance of an archive for materials relating to the 

Congressional career of the Honorable Richard A. Gephardt, 

$260,000 shall be awarded to Mount Vernon Public Library, Mount 

Vernon, New York for operations and upgrades, $100,000 shall be 

awarded to Mt. San Antonio College, Walnut, California for equipment, $500,000 shall be awarded to Museum of Appalachia, Norris 

Tennessee to preserve and restore the collection of Appalachian pioneer artifacts, $250,000 shall be awarded to Museum of Aviation 

Foundation, Warner Robins, Georgia, $200,000 shall be awarded to 

Museum of Fine Arts, Boston, Massachusetts, for the development of 

exhibitions and programs, $600,000 shall be awarded to Museum of 

Flight in Seattle, Washington for the American Fighter Aces Archive 

and Collection, $250,000 shall be awarded to Museum of Science 

and Industry, Chicago, Illinois, for the Science in Your World Program, $500,000 shall be awarded to Museum of Science, Boston, 

Massachusetts for community outreach, exhibit design and development, and educational programs, $75,000 shall be awarded to National Center for American Revolution, Wayne, Pennsylvania, for exhibit design and curriculum development for the Museum of the 

American Revolution at Valley Forge National Historic Park, 

$100,000 shall be awarded to National City Public Library, National City, California, for collections and technology, $950,000 

shall be awarded to National D-Day Museum in New Orleans, Louisiana to improve the education, outreach, and exhibition of the museum, $100,000 shall be awarded to National Museum of American 

Jewish History, Philadelphia, Pennsylvania to develop a fully interactive learning center linked to their web site that will extend the 

reach of the Museum, $1,000,000 shall be awarded to National Museum of Women in the Arts, Washington, D.C., $750,000 shall be 

awarded to National Trust for Historic Preservation, Washington, 

D.C., for the Farnsworth House Museum in Plano, Illinois, 

$2,100,000 shall be awarded to Native American Cultural Center 

and Museum, Oklahoma City, Oklahoma, $500,000 shall be awarded to New York Botanical Garden, Bronx, New York, for the Virtual 

Herbarium Project, $1,000,000 shall be awarded to New York Hall 

of Science to develop, expand, and display science-related materials, 

$90,000 shall be awarded to North Carolina Museum of Art Foundation, Inc., Raleigh, North Carolina, for exhibits and education 

programs, $1,000,000 shall be awarded to Omaha Performing Arts 

Center in Nebraska for telecommunications systems, $100,000 shall 

be awarded to Pennsylvania Hunting & Fishing Museum, Warren, 

Pennsylvania to develop curriculum for conservation education, 

$200,000 shall be awarded to Pittsburgh Children’s Museum, Pittsburgh, Pennsylvania, to expand arts and after-school programs for 

at-risk children, $950,000 shall be awarded to Please Touch Museum, Philadelphia, Pennsylvania, to develop education programs 

focusing on hands-on learning experiences, $320,000 shall be 

awarded to Portland State University, Portland, Oregon, to enhance 

library collections and outreach in the area of Middle Eastern and 

Judaic Studies, $50,000 shall be awarded to Putnam County Library, Cookeville, Tennessee to improve exhibits and purchase techVerDate Aug 04 2004 07:33 Dec 01, 2004 Jkt 096906 PO 00000 Frm 00356 Fmt 6659 Sfmt 6603 E:\HR\OC\HR792.XXX HR792
353 

nology upgrades, $100,000 shall be awarded to Reading Company 

Technical and Historical Society, Inc., Reading, Pennsylvania to expand interpretive activities, $550,000 shall be awarded to Rochester 

Museum & Science Center, Rochester, New York, for expansion of 

exhibitions, $350,000 shall be awarded to Rock and Roll Hall of 

Fame and Museum, Cleveland, Ohio, for music education programs, 

$200,000 shall be awarded to Saint Louis County Economic Council, Saint Louis, Missouri, for Jefferson Barracks, $100,000 shall be 

awarded to Sam Davis Memorial Association, Smyrna, Tennessee, 

for interpretive exhibits and education programs for the Sam Davis 

Home, $350,000 shall be awarded to San Bernardino County, San 

Bernardino, California for the San Bernardino County Museum, 

$300,000 shall be awarded to Save the Speaker’s House, Inc., 

Trappe, Pennsylvania, $315,000 shall be awarded to Sci-Quest, The 

North Alabama Science Center, Huntsville, Alabama, for science 

and mathematics education programs, $175,000 shall be awarded 

to Serra Cooperative Library System, San Diego, California, 

$100,000 shall be awarded to Simon Wiesenthal Center’s Los Angeles Museum for Tolerance, Los Angeles, California, for the Tools for 

Tolerance for Educators program to provide teacher training in diversity, tolerance and cooperation, $50,000 shall be awarded to 

Smithtown Library, Smithtown, New York, for equipment and technology for its Virtual Worldwide Neighborhood Website Project, 

$75,000 shall be awarded to Soldiers and Sailors National Military 

Museum and Memorial, Pittsburgh, Pennsylvania, for education 

and outreach programs, $125,000 shall be awarded to Southwest 

Missouri State University, Springfield, Missouri, for digitization of 

Archives and Rare-book Collections at the Meyer Library, $250,000 

shall be awarded to Stark County Park District, Canton, Ohio for 

exhibits, $1,000,000 shall be awarded to State Historical Society of 

Iowa in Des Moines, Iowa for the development of exhibits for the 

World Food Prize, $250,000 shall be awarded to Taft Museum of 

Art, Cincinnati, Ohio, $600,000 shall be awarded to Tubman African American Museum, Macon, Georgia, $250,000 shall be awarded 

to University of Alaska Fairbanks for the continuation of the Alaska 

Digital Archives project, $250,000 shall be awarded to University of 

Vermont of Burlington, Vermont for a digitization project for the 

preservation of Vermont cultural heritage materials, $500,000 shall 

be awarded to Vietnam Archives Center at Texas Tech University, 

Lubbock, Texas, for technology infrastructure, $200,000 shall be 

awarded to Virginia Living Museum, Newport News, Virginia for 

science education, $135,000 shall be awarded to Waterloo Center for 

the Arts, Waterloo, Iowa for the Youth Pavilion to provide educational programs and exhibit design and development, $400,000 

shall be awarded to Western Reserve Historical Society, Cleveland, 

Ohio, $25,000 shall be awarded to William McKinley Presidential 

Library and Museum, Canton, Ohio, $50,000 shall be awarded to 

Williamsburg Country Library, Kingstree, South Carolina, for 

books, library materials and computers, $250,000 shall be awarded 

to Winchester Conservation Museum, Edgefield, South Carolina, 

$50,000 shall be awarded to Wisconsin Historical Society, Madison, 

WI, to catalog and microfilm military base papers, $100,000 shall 

be awarded to Witte Museum, San Antonio, Texas, for the Water 

Works project, $75,000 shall be awarded to Woodmere Art Museum, 

Philadelphia, Pennsylvania, for technology upgrades and education 

354 

and outreach programs, $500,000 shall be awarded to Woodrow 

Wilson Presidential Library, Staunton, Virginia, $100,000 shall be 

awarded to World War II Victory Memorial Museum, Auburn, IN, 

and $75,000 shall be awarded to Zimmer Children’s Museum, Los 

Angeles, California, to develop and expand the youTHink education 

program. 

MEDICARE PAYMENT ADVISORY COMMISSION

SALARIES AND EXPENSES

For expenses necessary to carry out section 1805 of the Social 

Security Act, $9,979,000, to be transferred to this appropriation 

from the Federal Hospital Insurance and the Federal Supplementary Medical Insurance Trust Funds. 

NATIONAL COMMISSION ON LIBRARIES AND INFORMATION SCIENCE

SALARIES AND EXPENSES

For necessary expenses for the National Commission on Libraries and Information Science, established by the Act of July 20, 1970 

(Public Law 91–345, as amended), $1,001,000. 

NATIONAL COUNCIL ON DISABILITY

SALARIES AND EXPENSES

For expenses necessary for the National Council on Disability 

as authorized by title IV of the Rehabilitation Act of 1973, as 

amended, $3,371,000. 

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. 

355 

OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION

SALARIES AND EXPENSES

For expenses necessary for the Occupational Safety and Health 

Review Commission (29 U.S.C. 661), $10,595,000. 

RAILROAD RETIREMENT BOARD

DUAL BENEFITS PAYMENTS ACCOUNT

For payment to the Dual Benefits Payments Account, authorized 

under section 15(d) of the Railroad Retirement Act of 1974, 

$108,000,000, which shall include amounts becoming available in 

fiscal year 2005 pursuant to section 224(c)(1)(B) of Public Law 98– 

76; and in addition, an amount, not to exceed 2 percent of the 

amount provided herein, shall be available proportional to the 

amount by which the product of recipients and the average benefit 

received exceeds $108,000,000: Provided, That the total amount provided herein shall be credited in 12 approximately equal amounts 

on the first day of each month in the fiscal year. 

FEDERAL PAYMENTS TO THE RAILROAD RETIREMENT ACCOUNTS

For payment to the accounts established in the Treasury for the 

payment of benefits under the Railroad Retirement Act for interest 

earned on unnegotiated checks, $150,000, to remain available 

through September 30, 2006, which shall be the maximum amount 

available for payment pursuant to section 417 of Public Law 98–76. 

LIMITATION ON ADMINISTRATION

For necessary expenses for the Railroad Retirement Board for 

administration of the Railroad Retirement Act and the Railroad 

Unemployment Insurance Act, $103,370,000, to be derived in such 

amounts as determined by the Board from the railroad retirement 

accounts and from moneys credited to the railroad unemployment 

insurance administration fund. 

LIMITATION ON THE OFFICE OF INSPECTOR GENERAL

For expenses necessary for the Office of Inspector General for 

audit, investigatory and review activities, as authorized by the Inspector General Act of 1978, as amended, not more than $7,254,000, 

to be derived from the railroad retirement accounts and railroad 

unemployment insurance account: Provided, That none of the funds 

made available in any other paragraph of this Act may be transferred to the Office; used to carry out any such transfer; used to provide any office space, equipment, office supplies, communications facilities or services, maintenance services, or administrative services 

for the Office; used to pay any salary, benefit, or award for any personnel of the Office; used to pay any other operating expense of the 

Office; or used to reimburse the Office for any service provided, or 

expense incurred, by the Office. 

356 

SOCIAL SECURITY ADMINISTRATION

PAYMENTS TO SOCIAL SECURITY TRUST FUNDS

For payment to the Federal Old-Age and Survivors Insurance 

and the Federal Disability Insurance trust funds, as provided under 

sections 201(m), 228(g), and 1131(b)(2) of the Social Security Act, 

$20,454,000. 

SUPPLEMENTAL SECURITY INCOME PROGRAM

For carrying out titles XI and XVI of the Social Security Act, 

section 401 of Public Law 92–603, section 212 of Public Law 93–66, 

as amended, and section 405 of Public Law 95–216, including payment to the Social Security trust funds for administrative expenses 

incurred pursuant to section 201(g)(1) of the Social Security Act, 

$28,586,829,000, to remain available until expended: Provided, 

That any portion of the funds provided to a State in the current fiscal year and not obligated by the State during that year shall be 

returned to the Treasury. 

For making, after June 15 of the current fiscal year, benefit 

payments to individuals under title XVI of the Social Security Act, 

for unanticipated costs incurred for the current fiscal year, such 

sums as may be necessary. 

For making benefit payments under title XVI of the Social Security Act for the first quarter of fiscal year 2006, $10,930,000,000, 

to remain available until expended. 

LIMITATION ON ADMINISTRATIVE EXPENSES

For necessary expenses, including the hire of two passenger 

motor vehicles, and not to exceed $15,000 for official reception and 

representation expenses, not more than $8,674,296,000 may be expended, as authorized by section 201(g)(1) of the Social Security Act, 

from any one or all of the trust funds referred to therein: Provided, 

That not less than $2,000,000 shall be for the Social Security Advisory Board: Provided further, That unobligated balances of funds 

provided under this paragraph at the end of fiscal year 2005 not 

needed for fiscal year 2005 shall remain available until expended 

to invest in the Social Security Administration information technology and telecommunications hardware and software infrastructure, including related equipment and non-payroll administrative 

expenses associated solely with this information technology and telecommunications infrastructure: Provided further, That reimbursement to the trust funds under this heading for expenditures for official time for employees of the Social Security Administration pursuant to section 7131 of title 5, United States Code, and for facilities 

or support services for labor organizations pursuant to policies, regulations, or procedures referred to in section 7135(b) of such title 

shall be made by the Secretary of the Treasury, with interest, from 

amounts in the general fund not otherwise appropriated, as soon as 

possible after such expenditures are made. 

In addition, $124,000,000 to be derived from administration 

fees in excess of $5.00 per supplementary payment collected pursuant to section 1616(d) of the Social Security Act or section 212(b)(3) 

of Public Law 93–66, which shall remain available until expended. 

To the extent that the amounts collected pursuant to such section 

357 

1616(d) or 212(b)(3) in fiscal year 2005 exceed $124,000,000, the 

amounts shall be available in fiscal year 2006 only to the extent 

provided in advance in appropriations Acts. 

In addition, up to $3,600,000 to be derived from fees collected 

pursuant to section 303(c) of the Social Security Protection Act 

(Public Law 108–203), which shall remain available until expended. 

From funds previously appropriated for Federal-State Partnerships, any unobligated balances at the end of fiscal year 2004 shall 

be transferred to the Supplemental Security Income Program and 

remain available until expended to promote Medicare buy-in programs targeted to elderly and disabled individuals under titles 

XVIII and XIX of the Social Security Act. 

OFFICE OF INSPECTOR GENERAL

(INCLUDING TRANSFER OF FUNDS)

For expenses necessary for the Office of Inspector General in 

carrying out the provisions of the Inspector General Act of 1978, as 

amended, $25,748,000, together with not to exceed $65,359,000, to 

be transferred and expended as authorized by section 201(g)(1) of 

the Social Security Act from the Federal Old-Age and Survivors Insurance Trust Fund and the Federal Disability Insurance Trust 

Fund. 

In addition, an amount not to exceed 3 percent of the total provided in this appropriation may be transferred from the ‘‘Limitation 

on Administrative Expenses’’, Social Security Administration, to be 

merged with this account, to be available for the time and purposes 

for which this account is available: Provided, That notice of such 

transfers shall be transmitted promptly to the Committees on Appropriations of the House and Senate. 

TITLE V—GENERAL PROVISIONS 

SEC. 501. The Secretaries of Labor, Health and Human Services, and Education are authorized to transfer unexpended balances 

of prior appropriations to accounts corresponding to current appropriations provided in this Act: Provided, That such transferred balances are used for the same purpose, and for the same periods of 

time, for which they were originally appropriated. 

SEC. 502. No part of any appropriation contained in this Act 

shall remain available for obligation beyond the current fiscal year 

unless expressly so provided herein. 

SEC. 503. (a) No part of any appropriation contained in this Act 

shall be used, other than for normal and recognized executive-legislative relationships, for publicity or propaganda purposes, for the 

preparation, distribution, or use of any kit, pamphlet, booklet, publication, radio, television, or video presentation designed to support or 

defeat legislation pending before the Congress or any State legislature, except in presentation to the Congress or any State legislature 

itself. 

(b) No part of any appropriation contained in this Act shall be 

used to pay the salary or expenses of any grant or contract recipient, 

or agent acting for such recipient, related to any activity designed 

to influence legislation or appropriations pending before the Congress or any State legislature. 

358 

SEC. 504. The Secretaries of Labor and Education are author- ized to make available not to exceed $28,000 and $20,000, respectively, from funds available for salaries and expenses under titles I 

and III, respectively, for official reception and representation expenses; the Director of the Federal Mediation and Conciliation Service is authorized to make available for official reception and representation expenses not to exceed $5,000 from the funds available 

for ‘‘Salaries and expenses, Federal Mediation and Conciliation 

Service’’; and the Chairman of the National Mediation Board is authorized to make available for official reception and representation 

expenses not to exceed $5,000 from funds available for ‘‘Salaries and 

expenses, National Mediation Board’’. 

SEC. 505. Notwithstanding any other provision of this Act, no 

funds appropriated under this Act shall be used to carry out any 

program of distributing sterile needles or syringes for the hypodermic injection of any illegal drug. 

SEC. 506. When issuing statements, press releases, requests for 

proposals, bid solicitations and other documents describing projects 

or programs funded in whole or in part with Federal money, all 

grantees receiving Federal funds included in this Act, including but 

not limited to State and local governments and recipients of Federal 

research grants, shall clearly state— 

(1) the percentage of the total costs of the program or 

project which will be financed with Federal money; 

(2) the dollar amount of Federal funds for the project or 

program; and 

(3) percentage and dollar amount of the total costs of the 

project or program that will be financed by non-governmental 

sources. 

SEC. 507. (a) None of the funds appropriated under this Act, 

and none of the funds in any trust fund to which funds are appropriated under this Act, shall be expended for any abortion. 

(b) None of the funds appropriated under this Act, and none of 

the funds in any trust fund to which funds are appropriated under 

this Act, shall be expended for health benefits coverage that includes 

coverage of abortion. 

(c) The term ‘‘health benefits coverage’’ means the package of 

services covered by a managed care provider or organization pursuant to a contract or other arrangement. 

SEC. 508. (a) The limitations established in the preceding section shall not apply to an abortion— 

(1) if the pregnancy is the result of an act of rape or incest; 

or 

(2) in the case where a woman suffers from a physical disorder, physical injury, or physical illness, including a life-endangering physical condition caused by or arising from the 

pregnancy itself, that would, as certified by a physician, place 

the woman in danger of death unless an abortion is performed. 

(b) Nothing in the preceding section shall be construed as prohibiting the expenditure by a State, locality, entity, or private person 

of State, local, or private funds (other than a State’s or locality’s 

contribution of Medicaid matching funds). 

(c) Nothing in the preceding section shall be construed as restricting the ability of any managed care provider from offering 

abortion coverage or the ability of a State or locality to contract sepVerDate Aug 04 2004 07:33 Dec 01, 2004 Jkt 096906 PO 00000 Frm 00362 Fmt 6659 Sfmt 6603 E:\HR\OC\HR792.XXX HR792
359 

arately with such a provider for such coverage with State funds 

(other than a State’s or locality’s contribution of Medicaid matching 

funds). 

(d)(1) None of the funds made available in this Act may be 

made available to a Federal agency or program, or to a State or 

local government, if such agency, program, or government subjects 

any institutional or individual health care entity to discrimination 

on the basis that the health care entity does not provide, pay for, 

provide coverage of, or refer for abortions. 

(2) In this subsection, the term ‘‘health care entity’’ includes an 

individual physician or other health care professional, a hospital, a 

provider-sponsored organization, a health maintenance organization, a health insurance plan, or any other kind of health care facility, organization, or plan. 

SEC. 509. (a) None of the funds made available in this Act may 

be used for— 

(1) the creation of a human embryo or embryos for research 

purposes; or 

(2) research in which a human embryo or embryos are destroyed, discarded, or knowingly subjected to risk of injury or 

death greater than that allowed for research on fetuses in utero 

under 45 CFR 46.208(a)(2) and section 498(b) of the Public 

Health Service Act (42 U.S.C. 289g(b)). 

(b) For purposes of this section, the term ‘‘human embryo or embryos’’ includes any organism, not protected as a human subject 

under 45 CFR 46 as of the date of the enactment of this Act, that 

is derived by fertilization, parthenogenesis, cloning, or any other 

means from one or more human gametes or human diploid cells. 

SEC. 510. (a) None of the funds made available in this Act may 

be used for any activity that promotes the legalization of any drug 

or other substance included in schedule I of the schedules of controlled substances established by section 202 of the Controlled Substances Act (21 U.S.C. 812). 

(b) The limitation in subsection (a) shall not apply when there 

is significant medical evidence of a therapeutic advantage to the use 

of such drug or other substance or that federally sponsored clinical 

trials are being conducted to determine therapeutic advantage. 

SEC. 511. None of the funds made available in this Act may be 

obligated or expended to enter into or renew a contract with an entity if— 

(1) such entity is otherwise a contractor with the United 

States and is subject to the requirement in section 4212(d) of 

title 38, United States Code, regarding submission of an annual 

report to the Secretary of Labor concerning employment of certain veterans; and 

(2) such entity has not submitted a report as required by 

that section for the most recent year for which such requirement 

was applicable to such entity. 

SEC. 512. None of the funds made available in this Act may be 

used to promulgate or adopt any final standard under section 

1173(b) of the Social Security Act (42 U.S.C. 1320d–2(b)) providing 

for, or providing for the assignment of, a unique health identifier 

for an individual (except in an individual’s capacity as an employer 

or a health care provider), until legislation is enacted specifically 

approving the standard. 

360 

SEC. 513. None of the funds made available in this Act may be 

transferred to any department, agency, or instrumentality of the 

United States Government, except pursuant to a transfer made by, 

or transfer authority provided in, this Act or any other appropriation Act. 

SEC. 514. None of the funds made available by this Act to carry 

out the Library Services and Technology Act may be made available 

to any library covered by paragraph (1) of section 224(f) of such Act 

(20 U.S.C. 9134(f)), as amended by the Children’s Internet Protections Act, unless such library has made the certifications required 

by paragraph (4) of such section. 

SEC. 515. None of the funds made available by this Act to carry 

out part D of title II of the Elementary and Secondary Education 

Act of 1965 may be made available to any elementary or secondary 

school covered by paragraph (1) of section 2441(a) of such Act (20 

U.S.C. 6777(a)), as amended by the Children’s Internet Protections 

Act and the No Child Left Behind Act, unless the local educational 

agency with responsibility for such covered school has made the certifications required by paragraph (2) of such section. 

SEC. 516. None of the funds appropriated in this Act may be 

used to enter into an arrangement under section 7(b)(4) of the Railroad Retirement Act of 1974 (45 U.S.C. 231f(b)(4)) with a nongovernmental financial institution to serve as disbursing agent for 

benefits payable under the Railroad Retirement Act of 1974. 

SEC. 517. (a) None of the funds provided under this Act, or provided under previous appropriations Acts to the agencies funded by 

this Act that remain available for obligation or expenditure in fiscal 

year 2005, or provided from any accounts in the Treasury of the 

United States derived by the collection of fees available to the agencies funded by this Act, shall be available for obligation or expenditure through a reprogramming of funds that— 

(1) creates new programs; 

(2) eliminates a program, project, or activity; 

(3) increases funds or personnel by any means for any 

project or activity for which funds have been denied or restricted; 

(4) relocates an office or employees; 

(5) reorganizes or renames offices; 

(6) reorganizes programs or activities; or 

(7) contracts out or privatizes any functions or activities 

presently performed by Federal employees. 

None of the funds made available by this Act may be reprogrammed unless the Appropriations Committees of both Houses 

of Congress are notified 15 days in advance of a reprogramming or announcement of intent to reprogram funds, whichever 

occurs earlier. 

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

under previous appropriations Acts to the agencies funded by this 

Act that remain available for obligation or expenditure in fiscal 

year 2005, or provided from any accounts in the Treasury of the 

United States derived by the collection of fees available to the agencies funded by this Act, shall be available for obligation or expenditure through a reprogramming of funds in excess of $500,000 or 10 

percent, whichever is less, that— 

361 

(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. 

(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. 

362 

REPRESENTATION ALLOWANCES FOR THE MAJORITY AND MINORITY

LEADERS

For representation allowances of the Majority and Minority 

Leaders of the Senate, $15,000 for each such Leader; in all, $30,000. 

SALARIES, OFFICERS AND EMPLOYEES

For compensation of officers, employees, and others as authorized by law, including agency contributions, $134,840,000, which 

shall be paid from this appropriation without regard to the following limitations: 

OFFICE OF THE VICE PRESIDENT

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

OFFICE OF THE PRESIDENT PRO TEMPORE

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

OFFICE OF THE PRESIDENT PRO TEMPORE EMERITUS

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

OFFICES OF THE MAJORITY AND MINORITY LEADERS

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

OFFICES OF THE MAJORITY AND MINORITY WHIPS

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

COMMITTEE ON APPROPRIATIONS

For salaries of the Committee on Appropriations, $13,301,000. 

CONFERENCE COMMITTEES

For the Conference of the Majority and the Conference of the 

Minority, at rates of compensation to be fixed by the Chairman of 

each such committee, $1,413,000 for each such committee; in all, 

$2,826,000. 

OFFICES OF THE SECRETARIES OF THE CONFERENCE OF THE

MAJORITY AND THE CONFERENCE OF THE MINORITY

For Offices of the Secretaries of the Conference of the Majority 

and the Conference of the Minority, $702,000. 

POLICY COMMITTEES

For salaries of the Majority Policy Committee and the Minority 

Policy Committee, $1,473,000 for each such committee; in all, 

$2,946,000. 

OFFICE OF THE CHAPLAIN

For Office of the Chaplain, $341,000. 

OFFICE OF THE SECRETARY

For Office of the Secretary, $19,586,000. 

363 

OFFICE OF THE SERGEANT AT ARMS AND DOORKEEPER

For Office of the Sergeant at Arms and Doorkeeper, 

$50,635,000. 

OFFICES OF THE SECRETARIES FOR THE MAJORITY AND MINORITY

For Offices of the Secretary for the Majority and the Secretary 

for the Minority, $1,528,000. 

AGENCY CONTRIBUTIONS AND RELATED EXPENSES

For agency contributions for employee benefits, as authorized by 

law, and related expenses, $33,779,000. 

OFFICE OF THE LEGISLATIVE COUNSEL OF THE SENATE

For salaries and expenses of the Office of the Legislative Counsel of the Senate, $5,152,000. 

OFFICE OF SENATE LEGAL COUNSEL

For salaries and expenses of the Office of Senate Legal Counsel, 

$1,265,000. 

EXPENSE ALLOWANCES OF THE SECRETARY OF THE SENATE, SERGEANT AT ARMS AND DOORKEEPER OF THE SENATE, AND SECRETARIES FOR THE MAJORITY AND MINORITY OF THE SENATE

For expense allowances of the Secretary of the Senate, $6,000; 

Sergeant at Arms and Doorkeeper of the Senate, $6,000; Secretary 

for the Majority of the Senate, $6,000; Secretary for the Minority of 

the Senate, $6,000; in all, $24,000. 

CONTINGENT EXPENSES OF THE SENATE

INQUIRIES AND INVESTIGATIONS

For expenses of inquiries and investigations ordered by the Senate, or conducted under section 134(a) of the Legislative Reorganization Act of 1946 (Public Law 97–601), section 112 of the Supplemental Appropriations and Rescission Act, 1980 (Public Law 96– 

304), and Senate Resolution 281, 96th Congress, agreed to March 

11, 1980, $110,000,000. 

EXPENSES OF THE UNITED STATES SENATE CAUCUS ON

INTERNATIONAL NARCOTICS CONTROL

For expenses of the United States Senate Caucus on 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 Door- keeper 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. 

364 

MISCELLANEOUS ITEMS

For miscellaneous items, $18,326,000, of which up to $500,000 

shall be made available for a pilot program for mailings of postal 

patron postcards by Senators for the purpose of providing notice of 

a town meeting by a Senator in a county (or equivalent unit of local 

government) at which the Senator will personally attend: Provided, 

That any amount allocated to a Senator for such mailing shall not 

exceed 50 percent of the cost of the mailing and the remaining cost 

shall be paid by the Senator from other funds available to the Senator. 

SENATORS’ OFFICIAL PERSONNEL AND OFFICE EXPENSE ACCOUNT

For Senators’ Official Personnel and Office Expense Account, 

$326,533,000. 

OFFICIAL MAIL COSTS

For expenses necessary for official mail costs of the Senate, 

$300,000. 

ADMINISTRATIVE PROVISIONS

SEC. 1. GROSS RATE OF COMPENSATION IN OFFICES OF SENATORS. Effective on and after October 1, 2004, each of the dollar 

amounts contained in the table under section 105(d)(1)(A) of the 

Legislative Branch Appropriations Act, 1968 (2 U.S.C. 61– 

1(d)(1)(A)) shall be deemed to be the dollar amounts in that table, 

as adjusted by law and in effect on September 30, 2004, increased 

by an additional $50,000 each. 

SEC. 2. CONSULTANTS. With respect to fiscal year 2005, the first 

sentence of section 101(a) of the Supplemental Appropriations Act, 

1977 (2 U.S.C. 61h–6(a)) shall be applied by substituting ‘‘nine individual consultants’’ for ‘‘eight individual consultants’’. 

SEC. 3. UNITED STATES SENATE COLLECTION. Section 316 of 

Public Law 101–302 (2 U.S.C. 2107) is amended in the first sentence of subsection (a) by striking ‘‘2004’’ and inserting ‘‘2005’’. 

SEC. 4. PRESIDENT PRO TEMPORE EMERITUS OF THE SENATE. 

Section 7(e) of the Legislative Branch Appropriations Act, 2003 (2 

U.S.C. 32b note) is amended by inserting ‘‘and the 109th Congress’’ 

after ‘‘108th Congress’’. 

SEC. 5. TRANSFER OF FUNDS FROM APPROPRIATIONS ACCOUNT

OF THE OFFICE OF THE VICE PRESIDENT AND THE OFFICES OF THE

SECRETARIES FOR THE MAJORITY AND MINORITY TO THE SENATE

CONTINGENT FUND. (a) OFFICE OF THE VICE PRESIDENT.— 

(1) IN GENERAL.—Upon the written request of the Vice 

President, the Secretary of the Senate shall transfer from the 

appropriations account appropriated under the subheading ‘‘OFFICE OF THE VICE PRESIDENT’’ under the heading ‘‘SALARIES, 

OFFICERS AND EMPLOYEES’’ such amount as the Vice President 

shall specify to the appropriations account under the heading 

‘‘MISCELLANEOUS ITEMS’’ within the contingent fund of the Senate. 

(2) AUTHORITY TO INCUR EXPENSES.—The Vice President 

may incur such expenses as may be necessary or appropriate. 

Expenses incurred by the Vice President shall be paid from the 

365 

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 MI- NORITY.— 

(1) IN GENERAL.—Upon the written request of the Secretary 

for the Majority or the Secretary for the Minority, the Secretary 

of the Senate shall transfer from the appropriations account appropriated under the subheading ‘‘OFFICES OF THE SECRETARIES

FOR THE MAJORITY AND MINORITY’’ under the heading ‘‘SALARIES, OFFICERS AND EMPLOYEES’’ such amount as the Secretary 

for the Majority or the Secretary for the Minority shall specify 

to the appropriations account under the heading ‘‘MISCELLANEOUS ITEMS’’ within the contingent fund of the Senate. 

(2) AUTHORITY TO INCUR EXPENSES.—The Secretary for the 

Majority or the Secretary for the Minority may incur such expenses as may be necessary or appropriate. Expenses incurred 

by the Secretary for the Majority or the Secretary for the Minority shall be paid from the amount transferred under paragraph 

(1) by the Secretary for the Majority or the Secretary for the Minority and upon vouchers approved by the Secretary for the Majority or the Secretary for the Minority, as applicable. 

(3) AUTHORITY TO ADVANCE SUMS.—The Secretary of the 

Senate may advance such sums as may be necessary to defray 

expenses incurred in carrying out paragraphs (1) and (2). 

(c) EFFECTIVE DATE.—This section shall apply to fiscal year 

2005 and each fiscal year thereafter. 

SEC. 6. ACTIVITIES RELATING TO FOREIGN PARLIAMENTARY

GROUPS AND FOREIGN OFFICIALS. Section 2(c) of chapter VIII of title 

I of the Supplemental Appropriations Act, 1987 (2 U.S.C. 65f(c)) is 

amended in the first sentence by striking ‘‘with the approval of’’ and 

inserting ‘‘and upon notification to’’. 

SEC. 7. TRANSPORTATION OF OFFICIAL RECORDS AND PAPERS TO

A SENATOR’S STATE. (a) PAYMENT OF REASONABLE TRANSPORTATION

EXPENSES.—Upon request of a Senator, amounts in the appropriation account ‘‘Miscellaneous Items’’ within the contingent fund of the 

Senate shall be available to pay the reasonable expenses of sending 

or transporting the official records and papers of the Senator from 

the District of Columbia to any location designated by such Senator 

in the State represented by the Senator. 

(b) SENDING AND TRANSPORTATION.—The Sergeant at Arms 

and Doorkeeper of the Senate shall provide for the most economical 

means of sending or transporting the official records and papers 

under this section while ensuring the orderly and timely delivery of 

the records and papers to the location specified by the Senator. 

(c) OVERSIGHT.—The Committee on Rules and Administration 

shall have the authority to issue rules and regulations to carry out 

the provisions of this section. 

(d) OFFICIAL RECORDS DEFINED.—In this section, the term ‘‘official records and papers’’ means books, records, papers, and official 

files which could be sent as franked mail. 

(e) EFFECTIVE DATE.—This section shall apply with respect to 

fiscal year 2005 and each succeeding fiscal year. 

366 

SEC. 8. COMPENSATION FOR LOST OR DAMAGED PROPERTY. (a) 

IN GENERAL.—Any amounts received by the Sergeant at Arms and 

Doorkeeper of the Senate (in this section referred to as the ‘‘Sergeant 

at Arms’’) for compensation for damage to, loss of, or loss of use of 

property of the Sergeant at Arms that was procured using amounts 

available to the Sergeant at Arms in the account for Contingent Expenses, Sergeant at Arms and Doorkeeper of the Senate, shall be 

credited to that account or, if applicable, to any subaccount of that 

account. 

(b) AVAILABILITY.—Amounts credited to any account or subaccount under subsection (a) shall be merged with amounts in that 

account or subaccount and shall be available to the same extent, 

and subject to the same terms and conditions, as amounts in that 

account or subaccount. 

(c) EFFECTIVE DATE.—This section shall apply with respect to 

fiscal year 2005 and each fiscal year thereafter. 

SEC. 9. AGE REQUIREMENT FOR SENATE PAGES. Section 

491(b)(1) of the Legislative Reorganization Act of 1970 (2 U.S.C. 

88b–1(b)(1)) is amended by striking ‘‘fourteen’’ and inserting ‘‘sixteen’’. 

SEC. 10. TREATMENT OF ELECTRONIC SERVICES PROVIDED BY

SERGEANT AT ARMS. The Office of the Sergeant at Arms and Doorkeeper of the United States Senate, and any officer, employee, or 

agent of the Office, shall not be treated as acquiring possession, custody, or control of any electronic mail or other electronic communication, data, or information by reason of its being transmitted, 

processed, or stored (whether temporarily or otherwise) through the 

use of an electronic system established, maintained, or operated, or 

the use of electronic services provided, in whole or in part by the Office. 

SEC. 11. MODIFICATION OF APPLICATION OF SECTION 47 OF THE

REVISED STATUTES. Section 47 of the Revised Statutes of the United 

States (2 U.S.C. 48) is amended by striking ‘‘of Senators shall be 

certified by the President of the Senate, and those of Representatives 

and Delegates’’ and inserting ‘‘of Representatives and Delegates 

shall be certified’’. 

SEC. 12. OVERSEAS TRAVEL. (a) DEFINITION.—In this section, 

the term ‘‘United States’’ means each of the several States of the 

United States, the District of Columbia, and the territories and possessions of the United States. 

(b) IN GENERAL.—A member of the Capitol Police may travel 

outside of the United States if— 

(1) that travel is with, or in preparation for, travel of a 

Senator, including travel of a Senator as part of a congressional delegation; 

(2) the member of the Capitol Police is performing security 

advisory and liaison functions (including advance security liaison preparations) relating to the travel of that Senator; and 

(3) the Sergeant at Arms and Doorkeeper of the Senate 

gives prior approval to the travel of the member of the Capitol 

Police. 

(c) LAW ENFORCEMENT FUNCTIONS.—Subsection (b) shall not be 

construed to authorize the performance of law enforcement functions 

by a member of the Capitol Police in connection with the travel authorized under that subsection. 

367 

(d) REIMBURSEMENT.—The Capitol Police shall be reimbursed 

for the overtime pay, travel, and related expenses of any member of 

the Capitol Police who travels under the authority of this section. 

Any reimbursement under this subsection shall be paid from the account under the heading ‘‘SERGEANT AT ARMS AND DOORKEEPER OF

THE SENATE’’ under the heading ‘‘CONTINGENT EXPENSES OF THE

SENATE’’. 

(e) AMOUNTS RECEIVED.—Any amounts received by the Capitol 

Police for reimbursements under subsection (d) shall be credited to 

the accounts established for the general expenses or salaries of the 

Capitol Police, and shall be available to carry out the purposes of 

such accounts during the fiscal year in which the amounts are received and the following fiscal year. 

(f) EFFECTIVE DATE.—This section shall apply to fiscal year 

2005 and each fiscal year thereafter. 

SEC. 13. EXPENSE ALLOWANCES. (a) IN GENERAL.—The matter 

under the subheading ‘‘EXPENSE ALLOWANCES OF THE VICE PRESIDENT, PRESIDENT PRO TEMPORE, MAJORITY AND MINORITY LEADERS

AND MAJORITY AND MINORITY WHIPS’’ under the heading ‘‘LEGISLATIVE BRANCH’’ under chapter VI of title I of the Second Supplemental Appropriations Act, 1978 (Public Law 95–355; 92 Stat. 532) 

is amended— 

(1) in the second sentence (2 U.S.C. 31a–1) (relating to the 

Majority and Minority Leaders of the Senate) by striking 

‘‘$20,000’’ and inserting ‘‘$40,000’’; and 

(2) in the third sentence (2 U.S.C. 32b) (relating to the 

President pro tempore) by striking ‘‘$20,000’’ and inserting 

‘‘$40,000’’. 

(b) PRESIDENT PRO TEMPORE EMERITUS.—Section 7(d) of the 

Legislative Branch Appropriations Act, 2003 (2 U.S.C. 32b note) is 

amended in the first sentence (relating to the President pro tempore 

emeritus) by striking ‘‘$7,500’’ and inserting ‘‘$15,000’’. 

(c) EFFECTIVE DATE.—The amendments made by this section 

shall apply to fiscal year 2005 and each fiscal year thereafter. 

HOUSE OF REPRESENTATIVES 

SALARIES AND EXPENSES

For salaries and expenses of the House of Representatives, 

$1,048,581,000, as follows: 

HOUSE LEADERSHIP OFFICES

For salaries and expenses, as authorized by law, $18,678,000, 

including: Office of the Speaker, $2,708,000, including $25,000 for 

official expenses of the Speaker; Office of the Majority Floor Leader, 

$2,027,000, including $10,000 for official expenses of the Majority 

Leader; Office of the Minority Floor Leader, $2,840,000, including 

$10,000 for official expenses of the Minority Leader; Office of the 

Majority Whip, including the Chief Deputy Majority Whip, 

$1,741,000, including $5,000 for official expenses of the Majority 

Whip; Office of the Minority Whip, including the Chief Deputy Minority Whip, $1,303,000, including $5,000 for official expenses of the 

Minority Whip; Speaker’s Office for Legislative Floor Activities, 

$470,000; Republican Steering Committee, $881,000; Republican 

368 

Conference, $1,500,000; Democratic Steering and Policy Committee, 

$1,589,000; Democratic Caucus, $792,000; nine minority employees, 

$1,409,000; training and program development—majority, 

$290,000; training and program development—minority, $290,000; 

Cloakroom Personnel—majority, $419,000; and Cloakroom Personnel—minority, $419,000. 

MEMBERS’ REPRESENTATIONAL ALLOWANCES INCLUDING MEMBERS’ 

CLERK HIRE, OFFICIAL EXPENSES OF MEMBERS, AND OFFICIAL MAIL

For Members’ representational allowances, including Members’ clerk hire, official expenses, and official mail, $521,195,000. 

COMMITTEE EMPLOYEES

STANDING COMMITTEES, SPECIAL AND SELECT

For salaries and expenses of standing committees, special and select, authorized by House resolutions, $114,299,000: Provided, 

That such amount shall remain available for such salaries and expenses until December 31, 2006. 

COMMITTEE ON APPROPRIATIONS

For salaries and expenses of the Committee on Appropriations, $24,926,000, including studies and examinations of executive agencies and temporary personal services for such committee, to be expended in accordance with section 202(b) of the Legislative Reorganization Act of 1946 and to be available for reimbursement to agencies for services performed: Provided, That such amount shall remain available for such salaries and expenses until December 31, 

2006. 

SALARIES, OFFICERS AND EMPLOYEES

For compensation and expenses of officers and employees, as authorized by law, $160,133,000, including: for salaries and expenses of the Office of the Clerk, including not more than $13,000, 

of which not more than $10,000 is for the Family Room, for official 

representation and reception expenses, $20,534,000; for salaries and 

expenses of the Office of the Sergeant at Arms, including the position of Superintendent of Garages, and including not more than 

$3,000 for official representation and reception expenses, 

$5,879,000; for salaries and expenses of the Office of the Chief Administrative Officer, $116,034,000, of which $7,500,000 shall remain available until expended; for salaries and expenses of the Office of the Inspector General, $3,986,000; for salaries and expenses 

of the Office of Emergency Planning, Preparedness and Operations, 

$1,000,000, to remain available until expended; for salaries and expenses of the Office of General Counsel, $962,000; for the Office of 

the Chaplain, $155,000; for salaries and expenses of the Office of the 

Parliamentarian, including the Parliamentarian and $2,000 for 

preparing the Digest of Rules, $1,673,000; for salaries and expenses 

of the Office of the Law Revision Counsel of the House, $2,346,000; 

for salaries and expenses of the Office of the Legislative Counsel of 

the House, $6,721,000; for salaries and expenses of the Office of 

Interparliamentary Affairs, $687,000; and for other authorized employees, $156,000. 

369 

ALLOWANCES AND EXPENSES

For allowances and expenses as authorized by House resolution 

or law, $209,350,000, including: supplies, materials, administrative 

costs and Federal tort claims, $4,350,000; official mail for committees, leadership offices, and administrative offices of the House, 

$410,000; Government contributions for health, retirement, Social 

Security, and other applicable employee benefits, $203,900,000; and 

miscellaneous items including purchase, exchange, maintenance, repair and operation of House motor vehicles, interparliamentary receptions, and gratuities to heirs of deceased employees of the House, 

$690,000. 

CHILD CARE CENTER

For salaries and expenses of the House of Representatives Child 

Care Center, such amounts as are deposited in the account established by section 312(d)(1) of the Legislative Branch Appropriations 

Act, 1992 (2 U.S.C. 2112), subject to the level specified in the budget 

of the Center, as submitted to the Committee on Appropriations of 

the House of Representatives. 

ADMINISTRATIVE PROVISIONS

SEC. 101. (a) REQUIRING AMOUNTS REMAINING IN MEMBERS’ 

REPRESENTATIONAL ALLOWANCES TO BE USED FOR DEFICIT REDUCTION OR TO REDUCE THE FEDERAL DEBT.—Notwithstanding any 

other provision of law, any amounts appropriated under this Act for 

‘‘HOUSE OF REPRESENTATIVES—SALARIES AND EXPENSES— 

MEMBERS’ REPRESENTATIONAL ALLOWANCES’’ shall be available 

only for fiscal year 2005. Any amount remaining after all payments 

are made under such allowances for fiscal year 2005 shall be deposited in the Treasury and used for deficit reduction (or, if there is 

no Federal budget deficit after all such payments have been made, 

for reducing the Federal debt, in such manner as the Secretary of 

the Treasury considers appropriate). 

(b) REGULATIONS.—The Committee on House Administration of 

the House of Representatives shall have authority to prescribe regulations to carry out this section. 

(c) DEFINITION.—As used in this section, the term ‘‘Member of 

the House of Representatives’’ means a Representative in, or a Delegate or Resident Commissioner to, the Congress. 

SEC. 102. NET EXPENSES OF TELECOMMUNICATIONS REVOLVING

FUND. (a) There is hereby established in the Treasury of the United 

States a revolving fund for the House of Representatives to be 

known as the Net Expenses of Telecommunications Revolving Fund 

(hereafter in this section referred to as the ‘‘Revolving Fund’’), consisting of funds deposited by the Chief Administrative Officer of the 

House of Representatives from amounts provided by legislative 

branch offices to purchase, lease, obtain, and maintain the data and 

voice telecommunications services and equipment located in such offices. 

(b) Amounts in the Revolving Fund shall be used by the Chief 

Administrative Officer without fiscal year limitation to purchase, 

lease, obtain, and maintain the data and voice telecommunications 

services and equipment of legislative branch offices. 

370 

(c) The Revolving Fund shall be treated as a category of allowances and expenses for purposes of section 101(a) of the Legislative 

Branch Appropriations Act, 1993 (2 U.S.C. 95b(a)). 

(d) Section 306 of the Legislative Branch Appropriations Act, 

1989 (2 U.S.C. 117f) is amended— 

(1) by striking subsection (b) and redesignating subsection 

(c) as subsection (b); and 

(2) in subsection (b) (as so redesignated), by striking ‘‘subsections (a) and (b)’’ and inserting ‘‘subsection (a)’’. 

(e) Section 102 of the Legislative Branch Appropriations Act, 

2003 (2 U.S.C. 112g) is amended by adding at the end the following 

new subsection: 

‘‘(e) This section shall not apply with respect to any telecommunications equipment which is subject to coverage under section 103 of the Legislative Branch Appropriations Act, 2005 (relating to the Net Expenses of Telecommunications Revolving Fund).’’. 

(f) This section and the amendments made by this section shall 

apply with respect to fiscal year 2005 and each succeeding fiscal 

year, except that for purposes of making deposits into the Revolving 

Fund under subsection (a), the Chief Administrative Officer may deposit amounts provided by legislative branch offices during fiscal 

year 2004 or any succeeding fiscal year. 

SEC. 103. CONTRACT FOR EXERCISE FACILITY. (a) IN GENERAL.—The Chief Administrative Officer of the House of Representatives shall enter into a contract on a competitive basis with a private entity for the management, operation, and maintenance of the 

exercise facility established for the use of employees of the House of 

Representatives which is constructed with funds made available 

under this Act. 

(b) USE OF FEES TO SUPPORT CONTRACT.—Any amounts paid 

as fees for the use of the exercise facility described in subsection (a) 

shall be used to cover costs incurred by the Chief Administrative Officer under the contract entered into under this section or to otherwise support the management, operation, and maintenance of the 

facility, and shall remain available until expended. 

SEC. 104. SENSE OF THE HOUSE. It is the sense of the House 

of Representatives that Members of the House who use vehicles in 

traveling for official and representational purposes, including Members who lease vehicles for which the lease payments are made 

using funds provided under the Members’ Representational Allowance, are encouraged to use hybrid electric and alternatively fueled 

vehicles whenever possible, as the use of these vehicles will help to 

move our Nation toward the use of a hydrogen fuel cell vehicle and 

reduce our dependence on oil. 

SEC. 105. (a) ESTABLISHMENT OF HOUSE SERVICES REVOLVING

FUND.—There is hereby established in the Treasury of the United 

States a revolving fund for the House of Representatives to be 

known as the ‘‘House Services Revolving Fund’’ (hereafter in this 

section referred to as the ‘‘Revolving Fund’’), consisting of funds deposited by the Chief Administrative Officer of the House of Representatives from all amounts received by the House of Representatives with respect to the following activities: 

(1) The operation of the House Barber Shop. 

(2) The operation of the House Beauty Shop. 

371 

(3) The operation of the House Restaurant System (including vending operations). 

(4) The provision of mail services to entities which are not 

part of the House of Representatives. 

(b) USE OF AMOUNTS IN FUND.—Amounts in the Revolving 

Funds shall be used for any purpose designated by the Chief Administrative Officer which is approved by the Committee on Appropriations of the House of Representatives. 

(c) TRANSFER AUTHORITY.—The Revolving Fund shall be treated as a category of allowances and expenses for purposes of section 

101(a) of the Legislative Branch Appropriations Act, 1993 (2 U.S.C. 

95b(a)). 

(d) TERMINATION AND TRANSFER OF EXISTING FUNDS AND ACCOUNTS.— 

(1) IN GENERAL.—Each fund and account specified in paragraph (2) is hereby terminated, and the balance of each such 

fund and account is hereby transferred to the Revolving Fund. 

(2) FUNDS AND ACCOUNTS SPECIFIED.—The funds and accounts referred to in paragraph (1) are as follows: 

(A) The revolving fund for the House Barber Shop, established by the paragraph under the heading ‘‘HOUSE 

BARBER SHOPS REVOLVING FUND’’ in the matter relating to the House of Representatives in chapter III of title 

I of the Supplemental Appropriations Act, 1975 (Public 

Law 93–554; 88 Stat. 1776). 

(B) The revolving funds for the House Beauty Shop, established by the matter under the heading ‘‘HOUSE BEAUTY

SHOP’’ in the matter relating to administrative provisions 

for the House of Representatives in the Legislative Branch 

Appropriations Act, 1970 (Public Law 91–145; 83 Stat. 

347). 

(C) The special deposit account established for the 

House of Representatives Restaurant by section 208 of the 

First Supplemental Civil Functions Appropriation Act, 

1941 (2 U.S.C. 2041 note), or any successor fund or account 

established for the receipt of revenues of the House Restaurant System. 

(e) EFFECTIVE DATE.—This section shall take effect October 1, 

2004, and shall apply with respect to fiscal year 2005 and each succeeding fiscal year. 

SEC. 106. (a) If the Clerk of the House of Representatives is required under any law, rule, or regulation to make available for public inspection a report, statement, or other document filed with the 

Office of the Clerk, the Clerk shall preserve the report, statement, or 

document— 

(1) for a period of 6 years from the date on which the document is filed; or 

(2) if the law, rule, or regulation so provides, the period required under such law, rule, or regulation. 

(b) Subsection (a) shall apply with respect to reports, statements, and documents filed before, on, or after the date of the enactment of this Act. 

SEC. 107. (a) PERMITTING ORGANIZATIONAL CAUCUSES AND

CONFERENCES TO BE HELD AT ANY TIME.—Section 202(a)(1) of 

House Resolution 988, Ninety-third Congress, agreed to on October 

372 

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 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 matVerDate Aug 04 2004 07:33 Dec 01, 2004 Jkt 096906 PO 00000 Frm 00376 Fmt 6659 Sfmt 6603 E:\HR\OC\HR792.XXX HR792
373 

ter delivered by the United States Postal Service or any other carrier 

to the House of Representatives, or to any other entity with whom 

the Chief Administrative Officer has entered into an agreement to 

receive mail matter delivered to the entity, in such manner as the 

Chief Administrative Officer deems necessary to ensure the safety of 

any individuals who may come into contact with, or otherwise be exposed to, such mail matter. 

(b) No action taken under the regulations implemented pursuant to this section may serve as a basis for civil or criminal liability 

of any individual or entity. 

(c) As used in this section, the term ‘‘handle’’ includes but is not 

limited to collecting, isolating, testing, opening, disposing, and destroying. 

(d) This section shall apply with respect to fiscal year 2004 and 

each succeeding fiscal year. 

SEC. 109. (a) There is established in the House of Representatives an office to be known as the Republican Policy Committee, 

which shall have such responsibilities as may be assigned by the 

chair of the Republican Conference. 

(b) There shall be a lump sum allowance for the salaries and 

expenses of the Republican Policy Committee, which shall be treated 

as a category of House leadership offices for purposes of section 

101(c) of the Legislative Branch Appropriations Act, 1993 (2 U.S.C. 

95b(c)). 

(c) This section shall apply with respect to fiscal year 2005 and 

each succeeding fiscal year. 

SEC. 110. The first sentence of section 5 of House Resolution 

1238, Ninety-first Congress, agreed to December 22, 1970 (as enacted into permanent law by chapter VIII of the Supplemental Appropriations Act, 1971) (2 U.S.C. 31b–5), is amended— 

(1) by striking ‘‘step 5 of level 11’’ and inserting ‘‘step 11 of level 

13’’; and 

(2) by striking ‘‘step 9 of level 8’’ and inserting ‘‘step 8 of level 

12’’. 

JOINT ITEMS 

For Joint Committees, as follows: 

JOINT ECONOMIC COMMITTEE

For salaries and expenses of the Joint Economic Committee, 

$4,139,000, to be disbursed by the Secretary of the Senate. 

JOINT COMMITTEE ON TAXATION

For salaries and expenses of the Joint Committee on Taxation, $8,433,000, to be disbursed by the Chief Administrative Officer of 

the House of Representatives. 

For other joint items, as follows: 

OFFICE OF THE ATTENDING PHYSICIAN

For medical supplies, equipment, and contingent expenses of the 

emergency rooms, and for the Attending Physician and his assistants, including: (1) an allowance of $2,175 per month to the Attending Physician; (2) an allowance of $725 per month each to four medVerDate Aug 04 2004 07:33 Dec 01, 2004 Jkt 096906 PO 00000 Frm 00377 Fmt 6659 Sfmt 6603 E:\HR\OC\HR792.XXX HR792
374 

ical 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 Spe- cial Services Office, $3,844,000, to be disbursed by the Secretary of 

the Senate: Provided, That no part of such amount may be used to 

employ more than 58 individuals: Provided further, That the Capitol Guide Board is authorized, during emergencies, to employ not 

more than two additional individuals for not more than 120 days 

each, and not more than 10 additional individuals for not more 

than 6 months each, for the Capitol Guide Service. 

STATEMENTS OF APPROPRIATIONS

For the preparation, under the direction of the Committees on 

Appropriations of the Senate and the House of Representatives, of 

the statements for the second session of the 108th Congress, showing 

appropriations made, indefinite appropriations, and contracts authorized, together with a chronological history of the regular appropriations bills as required by law, $30,000, to be paid to the persons 

designated by the chairmen of such committees to supervise the 

work. 

CAPITOL POLICE 

SALARIES

For salaries of employees of the Capitol Police, including overtime, hazardous duty pay differential, and Government contributions for health, retirement, social security, professional liability insurance, and other applicable employee benefits, $203,440,000, to be 

disbursed by the Chief of the Capitol Police or his designee. 

GENERAL EXPENSES

For necessary expenses of the Capitol Police, including motor 

vehicles, communications and other equipment, security equipment 

and installation, uniforms, weapons, supplies, materials, training, 

medical services, forensic services, stenographic services, personal 

and professional services, the employee assistance program, the 

awards program, postage, communication services, travel advances, 

relocation of instructor and liaison personnel for the Federal Law 

Enforcement Training Center, and not more than $5,000 to be expended on the certification of the Chief of the Capitol Police in connection with official representation and reception expenses, 

$28,888,000, to be disbursed by the Chief of the Capitol Police or 

his designee: Provided, That, notwithstanding any other provision 

375 

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) LIMITA- TION.—’’ and inserting ‘‘(C) LIMITATION FOR FISCAL YEAR

2004.—’’; and 

(C) by adding at the end the following: 

‘‘(D) LIMITATION FOR FISCAL YEAR 2005.— During fiscal 

year 2005, the number of individuals hired under this subsection may not exceed— 

‘‘(i) the number of Library of Congress Police employees who separated from service or transferred to a 

position other than a Library of Congress Police employee position during fiscal year 2004 for whom a corresponding hire was not made under this subsection; 

and 

‘‘(ii) the number of Library of Congress Police employees who separate from service or transfer to a position other than a Library of Congress Police employee 

position during fiscal year 2005.’’; and 

(2) in paragraph (4), by striking the first sentence and inserting ‘‘Notwithstanding subsection (a)(1)(C), the Chief of the 

Capitol Police may detail an individual hired under this subsection to the Library of Congress Police on a nonreimbursable 

basis. Any individual detailed under this subsection shall receive necessary training, including training by the Library of 

Congress Police.’’. 

SEC. 1003. AUTHORIZATION OF WEAPONS. Section 1824 of the 

Revised Statutes (2 U.S.C. 1941) is amended— 

(1) in the first sentence— 

(A) by striking ‘‘The Sergeant at Arms of the Senate 

and the Sergeant at Arms of the House of Representatives’’ 

and inserting ‘‘The Capitol Police Board’’; and 

(B) by striking all beginning with ‘‘payable out’’ 

through the period and inserting ‘‘payable from appropriaVerDate Aug 04 2004 07:33 Dec 01, 2004 Jkt 096906 PO 00000 Frm 00379 Fmt 6659 Sfmt 6603 E:\HR\OC\HR792.XXX HR792
376 

tions to the Capitol Police upon certification of payment by 

the Chief of the Capitol Police.’’; and 

(2) in the second sentence— 

(A) by inserting ‘‘or other arms as authorized by the 

Capitol Police Board’’ after ‘‘furnished’’; and 

(B) by striking ‘‘the Sergeant at Arms of the Senate and 

the Sergeant at Arms of the House of Representatives’’ and 

inserting ‘‘the Capitol Police Board’’. 

SEC. 1004. SOLE AND EXCLUSIVE AUTHORITY OF BOARD AND

CHIEF TO DETERMINE RATES OF PAY. (a) IN GENERAL.—The Capitol 

Police Board and the Chief of the Capitol Police shall have the sole 

and exclusive authority to determine the rates and amounts for each 

of the following for members of the Capitol Police: 

(1) The rate of basic pay (including the rate of basic pay 

upon appointment), premium pay, specialty assignment and 

proficiency pay, and merit pay. 

(2) The rate of cost-of-living adjustments, comparability adjustments, and locality adjustments. 

(3) The amount for recruitment and relocation bonuses. 

(4) The amount for retention allowances. 

(5) The amount for educational assistance payments. 

(b) NO REVIEW OR APPEAL PERMITTED.—The determination of 

a rate or amount described in subsection (a) may not be subject to 

review or appeal in any manner. 

(c) RULE OF CONSTRUCTION.—Nothing in this section may be 

construed to affect— 

(1) any authority provided under law for a committee of the 

House of Representatives or Senate, or any other entity of the 

legislative branch, to review or approve any determination of a 

rate or amount described in subsection (a); 

(2) any rate or amount described in subsection (a) which is 

established under law; or 

(3) the terms of any collective bargaining agreement. 

(d) EFFECTIVE DATE.—This section shall apply with respect to 

fiscal year 2005 and each succeeding fiscal year. 

SEC. 1005. ACCEPTANCE OF DONATIONS OF ANIMALS. (a) IN

GENERAL.—The Capitol Police may accept the donation of animals 

to be used in the canine units of the Capitol Police. 

(b) EFFECTIVE DATE.—This section shall apply with respect to 

fiscal year 2005 and each fiscal year thereafter. 

SEC. 1006. SETTLEMENT AND PAYMENT OF TORT CLAIMS. (a) 

FEDERAL TORT CLAIMS ACT.— 

(1) IN GENERAL.—Except as provided in paragraph (2), the 

Chief of the Capitol Police, in accordance with regulations prescribed by the Attorney General and any regulations as the 

Capitol Police Board may prescribe, may consider, ascertain, 

determine, compromise, adjust, and settle, in accordance with 

the provisions of chapter 171 of title 28, United States Code, 

any claim for money damages against the United States for injury or loss of property or personal injury or death caused by 

the negligent or wrongful act or omission of any employee of the 

Capitol Police while acting within the scope of his office or employment, under circumstances where the United States, if a 

private person, would be liable to the claimant in accordance 

with the law of the place where the act or omission occurred. 

377 

(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. 

(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— 

378 

(1) any payment under section 1304 of title 31, United 

States Code, of a final judgment, award, compromise settlement, and interest and costs specified in the judgment based on 

a claim against the Capitol Police; or 

(2) any authority for any— 

(A) settlement under section 414 of the Congressional 

Accountability Act of 1995 (2 U.S.C. 1414), or 

(B) payment under section 415 of that Act (2 U.S.C. 

1415). 

(d) EFFECTIVE DATE.—This section shall apply to fiscal year 

2005 and each fiscal year thereafter. 

SEC. 1007. DEPLOYMENT OUTSIDE OF JURISDICTION. (a) REQUIREMENTS FOR PRIOR NOTICE AND APPROVAL.—The Chief of the 

Capitol Police may not deploy any officer outside of the areas established by law for the jurisdiction of the Capitol Police unless— 

(1) the Chief provides prior notification to the Committees 

on Appropriations of the House of Representatives and Senate 

of the costs anticipated to be incurred with respect to the deployment; and 

(2) the Capitol Police Board gives prior approval to the deployment. 

(b) EXCEPTION FOR CERTAIN SERVICES.—Subsection (a) does not 

apply with respect to the deployment of any officer for any of the following purposes: 

(1) Responding to an imminent threat or emergency. 

(2) Intelligence gathering. 

(3) Providing protective services. 

(c) EFFECTIVE DATE.—This section shall apply with respect to 

fiscal year 2005 and each succeeding fiscal year. 

SEC. 1008. GENERAL COUNSEL. The Capitol Police General 

Counsel, in the capacity as in-house counsel and in conjunction 

with the Capitol Police Employment Counsel for employment and 

labor law matters, shall be responsible for implementing and maintaining an effective legal compliance system with all applicable 

laws, under the oversight of the Capitol Police Board. 

SEC. 1009. RELEASE OF SECURITY INFORMATION. (a) DEFINITION.—In this section, the term ‘‘security information’’ means information that— 

(1) is sensitive with respect to the policing, protection, physical security, intelligence, counterterrorism actions, or emergency preparedness and response relating to Congress, any statutory protectee of the Capitol Police, and the Capitol buildings 

and grounds; and 

(2) is obtained by, on behalf of, or concerning the Capitol 

Police Board, the Capitol Police, or any incident command relating to emergency response. 

(b) AUTHORITY OF BOARD TO DETERMINE CONDITIONS OF RELEASE.—Notwithstanding any other provision of law, any security 

information in the possession of the Capitol Police may be released 

by the Capitol Police to another entity, including an individual, 

only if the Capitol Police Board determines in consultation with 

other appropriate law enforcement officials, experts in security preparedness, and appropriate committees of Congress, that the release 

of the security information will not compromise the security and 

379 

safety of the Capitol buildings and grounds or any individual whose 

protection and safety is under the jurisdiction of the Capitol Police. 

(c) RULE OF CONSTRUCTION.—Nothing in this section may be 

construed to affect the ability of the Senate and the House of Representatives (including any Member, officer, or committee of either 

House of Congress) to obtain information from the Capitol Police regarding the operations and activities of the Capitol Police that affect 

the Senate and House of Representatives. 

(d) REGULATIONS.—The Capitol Police Board may promulgate 

regulations to carry out this section, with the approval of the Committee on Rules and Administration of the Senate and the Committee on House Administration of the House of Representatives. 

(e) EFFECTIVE DATE.—This section shall take effect on the date 

of enactment of this Act and apply with respect to— 

(1) any remaining portion of fiscal year 2004, if this Act is 

enacted before October 1, 2004; and 

(2) fiscal year 2005 and each fiscal year thereafter. 

OFFICE OF COMPLIANCE 

SALARIES AND EXPENSES

For salaries and expenses of the Office of Compliance, as authorized by section 305 of the Congressional Accountability Act of 

1995 (2 U.S.C. 1385), $2,421,000, of which $305,000 shall remain 

available until September 30, 2006: Provided, That the Executive 

Director of the Office of Compliance may, within the limits of available appropriations, dispose of surplus or obsolete personal property 

by interagency transfer, donation, or discarding. 

CONGRESSIONAL BUDGET OFFICE 

SALARIES AND EXPENSES

For salaries and expenses necessary for operation of the Congressional Budget Office, including not more than $3,000 to be expended on the certification of the Director of the Congressional 

Budget Office in connection with official representation and reception expenses, $34,919,000. 

ARCHITECT OF THE CAPITOL 

GENERAL ADMINISTRATION

For salaries for the Architect of the Capitol, and other personal 

services, at rates of pay provided by law; for surveys and studies in 

connection with activities under the care of the Architect of the Capitol; for all necessary expenses for the general and administrative 

support of the operations under the Architect of the Capitol including the Botanic Garden; electrical substations of the Capitol, Senate 

and House office buildings, and other facilities under the jurisdiction of the Architect of the Capitol; including furnishings and office 

equipment; including not more than $5,000 for official reception 

and representation expenses, to be expended as the Architect of the 

Capitol may approve; for purchase or exchange, maintenance, and 

operation of a passenger motor vehicle, $80,347,000, of which 

$2,220,000 shall remain available until September 30, 2009. 

380 

CAPITOL BUILDING

(INCLUDING TRANSFER OF FUNDS)

For all necessary expenses for the maintenance, care, and operation of the Capitol, $28,857,000, of which not more than 

$10,600,000, may be transferred for the use of the Capitol Visitor 

Center project: Provided, That the amount so transferred shall be 

deposited into the account established for the Capitol Visitor Center 

project and shall be subject to the same terms and conditions applicable to the amounts appropriated for such project under the heading ‘‘Capitol Visitor Center’’ in the Legislative Branch Appropriations Act, 2004: Provided further, That the amount so transferred, 

together with $3,900,000 of the other amounts appropriated under 

this heading, shall remain available until expended. 

CAPITOL GROUNDS

For all necessary expenses for care and improvement of grounds 

surrounding the Capitol, the Senate and House office buildings, and 

the Capitol Power Plant, $6,974,000. 

SENATE OFFICE BUILDINGS

For all necessary expenses for the maintenance, care and operation of Senate office buildings; and furniture and furnishings to be 

expended under the control and supervision of the Architect of the 

Capitol, $62,083,000, of which $9,070,000 shall remain available 

until September 30, 2009. 

HOUSE OFFICE BUILDINGS

For all necessary expenses for the maintenance, care and operation of the House office buildings, $65,353,000, of which 

$27,103,000 shall remain available until September 30, 2009. 

CAPITOL POWER PLANT

For all necessary expenses for the maintenance, care and operation of the Capitol Power Plant; lighting, heating, power (including 

the purchase of electrical energy) and water and sewer services for 

the Capitol, Senate and House office buildings, Library of Congress 

buildings, and the grounds about the same, Botanic Garden, Senate 

garage, and air conditioning refrigeration not supplied from plants 

in any of such buildings; heating the Government Printing Office 

and Washington City Post Office, and heating and chilled water for 

air conditioning for the Supreme Court Building, the Union Station 

complex, the Thurgood Marshall Federal Judiciary Building and 

the Folger Shakespeare Library, expenses for which shall be advanced or reimbursed upon request of the Architect of the Capitol 

and amounts so received shall be deposited into the Treasury to the 

credit of this appropriation, $56,834,000, of which $1,000,000 shall 

remain available until September 30, 2009: Provided, That not 

more than $4,400,000 of the funds credited or to be reimbursed to 

this appropriation as herein provided shall be available for obligation during fiscal year 2005. 

381 

LIBRARY BUILDINGS AND GROUNDS

For all necessary expenses for the mechanical and structural 

maintenance, care and operation of the Library buildings and 

grounds, $40,097,000, of which $21,506,000 shall remain available 

until September 30, 2009. 

CAPITOL POLICE BUILDINGS AND GROUNDS

For all necessary expenses for the maintenance, care, and operation of buildings and grounds of the United States Capitol Police, 

$5,853,000, of which $500,000 shall remain available until September 30, 2009. 

BOTANIC GARDEN

For all necessary expenses for the maintenance, care and operation of the Botanic Garden and the nurseries, buildings, grounds, 

and collections; and purchase and exchange, maintenance, repair, 

and operation of a passenger motor vehicle; all under the direction 

of the Joint Committee on the Library, $6,326,000: Provided, That 

this appropriation shall not be available for construction of the National Garden. 

ADMINISTRATIVE PROVISIONS

SEC. 1101. MANAGEMENT AND OPERATION OF THE CAPITOL

POWER PLANT. (a) DEFINITION.—In this section, the term ‘‘appropriate congressional committees’’ means— 

(1) the Committee on Appropriations of the Senate and the 

House of Representatives; 

(2) the Committee on Rules and Administration of the Senate; and 

(3) the House Office Building Commission. 

(b) STUDY OF CONTRACT WITH A PRIVATE ENTITY.—Not later 

than 180 days after the date of enactment of this Act, the Comptroller General shall conduct a study and submit to the appropriate 

congressional committees and the Architect of the Capitol a report 

that— 

(1) analyzes the costs, cost effectiveness, benefits, and feasibility of the Architect of the Capitol entering into a contract 

with a private entity for the management and operation of the 

Capitol Power Plant; and 

(2) makes a recommendation on whether the Architect of 

the Capitol should enter into such a contract. 

(c) IMPLEMENTATION PLAN.—If the Comptroller General makes 

a recommendation under subsection (b)(2) in favor of entering into 

a contract, the Architect of the Capitol shall submit an implementation plan for that contract to the appropriate congressional committees not later than the later of— 

(1) 270 days after the date of enactment of this Act; or 

(2) the date of the completion of the West Refrigeration 

Plant. 

(d) CONTRACT.—Subject to the approval of the appropriate congressional committees, the Architect of the Capitol shall enter into 

a contract with a private entity for the management and operation 

of the Capitol Power Plant. 

382 

(e) EFFECTIVE DATE.—This section shall apply to fiscal year 

2005 and each fiscal year thereafter. 

SEC. 1102. (a) The Comptroller General shall conduct an analysis of the operations of the Office of the Architect of the Capitol, 

and shall include in the analysis recommendations regarding the 

extent to which the functions and duties of the Architect of the Capitol may be carried out more effectively through contracts with private entities, through reassignment to other entities of the legislative 

branch, and through such other methods as the Comptroller General considers appropriate. 

(b) Not later than 1 year after the date of the enactment of this 

Act, the Comptroller General shall submit a report on the analysis 

conducted under subsection (a) to the Committees on Appropriations 

of the House of Representatives and Senate. 

LIBRARY OF CONGRESS 

SALARIES AND EXPENSES

For necessary expenses of the Library of Congress not otherwise 

provided for, including development and maintenance of the Library’s catalogs; custody and custodial care of the Library buildings; special clothing; cleaning, laundering and repair of uniforms; 

preservation of motion pictures in the custody of the Library; operation and maintenance of the American Folklife Center in the Library; preparation and distribution of catalog records and other 

publications of the Library; hire or purchase of one passenger motor 

vehicle; and expenses of the Library of Congress Trust Fund Board 

not properly chargeable to the income of any trust fund held by the 

Board, $384,671,000, of which not more than $6,000,000 shall be 

derived from collections credited to this appropriation during fiscal 

year 2005, and shall remain available until expended, under the Act 

of June 28, 1902 (chapter 1301; 32 Stat. 480; 2 U.S.C. 150) and not 

more than $350,000 shall be derived from collections during fiscal 

year 2005 and shall remain available until expended for the development and maintenance of an international legal information 

database and activities related thereto: Provided, That the Library 

of Congress may not obligate or expend any funds derived from collections under the Act of June 28, 1902, in excess of the amount authorized for obligation or expenditure in appropriations Acts: Provided further, That the total amount available for obligation shall 

be reduced by the amount by which collections are less than the 

$6,350,000: Provided further, That of the total amount appropriated, $12,481,000 shall remain available until expended for the 

partial acquisition of books, periodicals, newspapers, and all other 

materials including subscriptions for bibliographic services for the 

Library, including $40,000 to be available solely for the purchase, 

when specifically approved by the Librarian, of special and unique 

materials for additions to the collections: Provided further, That of 

the total amount appropriated, not more than $12,000 may be expended, on the certification of the Librarian of Congress, in connection with official representation and reception expenses for the Overseas Field Offices: Provided further, That of the total amount appropriated, $2,250,000 shall remain available until expended for the 

purpose of teaching educators and librarians how to incorporate the 

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383 

ferred to the educational consortium formed to conduct the ‘‘Adventure of the American Mind’’ project as approved by the Library: Provided further, That of the total amount appropriated, $500,000 

shall remain available until expended, and shall be transferred to 

the Abraham Lincoln Bicentennial Commission for carrying out the 

purposes of Public Law 106–173, of which $10,000 may be used for 

official representation and reception expenses of the Abraham Lincoln Bicentennial Commission: Provided further, That of the total 

amount appropriated, $15,620,000 shall remain available until expended for partial support of the National Audio-Visual Conservation Center: Provided further, That of the total amount appropriated, $2,795,000 shall remain available until expended for the 

development and maintenance of the Alternate Computer Facility: 

Provided further, That of the total amount appropriated, $500,000 

shall be used to provide a grant to the Middle Eastern Text Initiative for translation and publishing of middle eastern text: Provided 

further, That, of the total amount appropriated, $100,000 shall be 

provided to the Association for Diplomatic Studies and Training to 

provide for the oral history of United States foreign affairs personnel: Provided further, That of the total amount appropriated, 

$300,000 shall be made available to initiate with the University of 

South Carolina a Cooperative Preservation and Conservation 

project for Movietone Newsreel collections. 

COPYRIGHT OFFICE

SALARIES AND EXPENSES

For necessary expenses of the Copyright Office, $53,611,000, of which not more than $26,981,000, to remain available until expended, shall be derived from collections credited to this appropriation during fiscal year 2005 under section 708(d) of title 17, United 

States Code: Provided, That the Copyright Office may not obligate 

or expend any funds derived from collections under such section, in 

excess of the amount authorized for obligation or expenditure in appropriations Acts: Provided further, That not more than $6,496,000 

shall be derived from collections during fiscal year 2005 under sections 111(d)(2), 119(b)(2), 802(h), 1005, and 1316 of such title: Provided further, That the total amount available for obligation shall 

be reduced by the amount by which collections are less than 

$33,477,000: Provided further, That not more than $100,000 of the 

amount appropriated is available for the maintenance of an ‘‘International Copyright Institute’’ in the Copyright Office of the Library 

of Congress for the purpose of training nationals of developing countries in intellectual property laws and policies: Provided further, 

That not more than $4,250 may be expended, on the certification of 

the Librarian of Congress, in connection with official representation 

and reception expenses for activities of the International Copyright 

Institute and for copyright delegations, visitors, and seminars. 

CONGRESSIONAL RESEARCH SERVICE

SALARIES AND EXPENSES

For necessary expenses to carry out the provisions of section 203 

of the Legislative Reorganization Act of 1946 (2 U.S.C. 166) and to 

revise and extend the Annotated Constitution of the United States 

384 

of America, $96,893,000: Provided, That no part of such amount 

may be used to pay any salary or expense in connection with any 

publication, or preparation of material therefor (except the Digest of 

Public General Bills), to be issued by the Library of Congress unless 

such publication has obtained prior approval of either the Committee on House Administration of the House of Representatives or 

the Committee on Rules and Administration of the Senate. 

BOOKS FOR THE BLIND AND PHYSICALLY HANDICAPPED

SALARIES AND EXPENSES

For salaries and expenses to carry out the Act 

of March 3, 1931 (chapter 400; 46 Stat. 1487; 2 U.S.C. 135a), 

$54,412,000, of which $16,235,000 shall remain available until expended: Provided, That, of the total amount appropriated, $200,000 

shall remain available until expended to reimburse the National 

Federation of the Blind for costs incurred in the operation of its 

‘‘NEWSLINE’’ program. 

ADMINISTRATIVE PROVISIONS

SEC. 1201. INCENTIVE AWARDS PROGRAM. Of the amounts appropriated to the Library of Congress in this Act, not more than 

$5,000 may be expended, on the certification of the Librarian of 

Congress, in connection with official representation and reception 

expenses for the incentive awards program. 

SEC. 1202. REIMBURSABLE AND REVOLVING FUND ACTIVITIES. (a) IN GENERAL.—For fiscal year 2005, the obligational authority of 

the Library of Congress for the activities described in subsection (b) 

may not exceed $106,985,000. 

(b) ACTIVITIES.—The activities referred to in subsection (a) are 

reimbursable and revolving fund activities that are funded from 

sources other than appropriations to the Library in appropriations 

Acts for the legislative branch. 

(c) TRANSFER OF FUNDS.—During fiscal year 2005, the Librarian of Congress may temporarily transfer funds appropriated in this 

Act, under the heading ‘‘LIBRARY OF CONGRESS’’ under the subheading ‘‘SALARIES AND EXPENSES’’ to the revolving fund for the 

FEDLINK Program and the Federal Research Program established 

under section 103 of the Library of Congress Fiscal Operations Improvement Act of 2000 (Public Law 106–481; 2 U.S.C. 182c): Provided, That the total amount of such transfers may not exceed 

$1,900,000: Provided further, That the appropriate revolving fund 

account shall reimburse the Library for any amounts transferred to 

it before the period of availability of the Library appropriation expires. 

SEC. 1203. NATIONAL DIGITAL INFORMATION INFRASTRUCTURE

AND PRESERVATION PROGRAM. The Miscellaneous Appropriations 

Act, 2001 (enacted into law by section 1(a)(4) of Public Law 106– 

554, 114 Stat. 2763A–194) is amended in the first proviso under the 

subheading ‘‘SALARIES AND EXPENSES’’ under the heading ‘‘LIBRARY OF CONGRESS’’ in chapter 9 of division A— 

(1) by inserting ‘‘and pledges’’ after ‘‘other than money’’; 

and 

(2) by striking ‘‘March 31, 2005’’ and inserting ‘‘March 31, 

2010’’. 

385 

SEC. 1204. UNITED STATES DIPLOMATIC FACILITIES. Funds 

made available for the Library of Congress under this Act are available for transfer to the Department of State as remittance for a fee 

charged by the Department for fiscal year 2005 for the maintenance, 

upgrade, or construction of United States diplomatic facilities only 

to the extent that the amount of the fee so charged is equal to or 

less than the unreimbursed value of the services provided during 

fiscal year 2005 to the Library of Congress on State Department 

diplomatic facilities. 

SEC. 1205. NATIONAL FILM PRESERVATION BOARD AND NATIONAL FILM PRESERVATION FOUNDATION. (a) EFFECTIVE DATES.— 

Notwithstanding the effective date under section 113 of the National 

Film Preservation Act of 1996 (2 U.S.C. 179w), title I of that Act 

shall be considered to be effective through fiscal year 2005. 

(b) AUTHORIZATION OF APPROPRIATIONS.—Section 151711(a) of 

title 36, United States Code, is amended by striking ‘‘2003’’ and inserting ‘‘2005’’. 

GOVERNMENT PRINTING OFFICE 

CONGRESSIONAL PRINTING AND BINDING

(INCLUDING TRANSFER OF FUNDS)

For authorized printing and binding for the Congress and the 

distribution of Congressional information in any format; printing 

and binding for the Architect of the Capitol; expenses necessary for 

preparing the semimonthly and session index to the Congressional 

Record, as authorized by law (section 902 of title 44, United States 

Code); printing and binding of Government publications authorized 

by law to be distributed to Members of Congress; and printing, 

binding, and distribution of Government publications authorized by 

law to be distributed without charge to the recipient, $88,800,000: 

Provided, That this appropriation shall not be available for paper 

copies of the permanent edition of the Congressional Record for individual Representatives, Resident Commissioners or Delegates authorized under section 906 of title 44, United States Code: Provided 

further, That this appropriation shall be available for the payment 

of obligations incurred under the appropriations for similar purposes for preceding fiscal years: Provided further, That notwithstanding the 2-year limitation under section 718 of title 44, United 

States Code, none of the funds appropriated or made available 

under this Act or any other Act for printing and binding and related services provided to Congress under chapter 7 of title 44, 

United States Code, may be expended to print a document, report, 

or publication after the 27-month period beginning on the date that 

such document, report, or publication is authorized by Congress to 

be printed, unless Congress reauthorizes such printing in accordance with section 718 of title 44, United States Code: Provided further, That any unobligated or unexpended balances in this account 

or accounts for similar purposes for preceding fiscal years may be 

transferred to the Government Printing Office revolving fund for 

carrying out the purposes of this heading, subject to the approval 

of the Committees on Appropriations of the House of Representatives 

and Senate. 

386 

OFFICE OF SUPERINTENDENT OF DOCUMENTS

SALARIES AND EXPENSES

(INCLUDING TRANSFER OF FUNDS)

For expenses of the Office of Superintendent of Documents necessary to provide for the cataloging and indexing of Government 

publications and their distribution to the public, Members of Congress, other Government agencies, and designated depository and 

international exchange libraries as authorized by law, $31,953,000: 

Provided, That amounts of not more than $2,000,000 from current 

year appropriations are authorized for producing and disseminating 

Congressional serial sets and other related publications for fiscal 

years 2003 and 2004 to depository and other designated libraries: 

Provided further, That any unobligated or unexpended balances in 

this account or accounts for similar purposes for preceding fiscal 

years may be transferred to the Government Printing Office revolving fund for carrying out the purposes of this heading, subject to the 

approval of the Committees on Appropriations of the House of Representatives and Senate. 

GOVERNMENT PRINTING OFFICE REVOLVING FUND

The Government Printing Office may make such expenditures, 

within the limits of funds available and in accord with the law, and 

to make such contracts and commitments without regard to fiscal 

year limitations as provided by section 9104 of title 31, United 

States Code, as may be necessary in carrying out the programs and 

purposes set forth in the budget for the current fiscal year for the 

Government Printing Office revolving fund: Provided, That not 

more than $5,000 may be expended on the certification of the Public 

Printer in connection with official representation and reception expenses: Provided further, That the revolving fund shall be available 

for the hire or purchase of not more than 12 passenger motor vehicles: Provided further, That expenditures in connection with travel 

expenses of the advisory councils to the Public Printer shall be 

deemed necessary to carry out the provisions of title 44, United 

States Code: Provided further, That the revolving fund shall be 

available for temporary or intermittent services under section 

3109(b) of title 5, United States Code, but at rates for individuals 

not more than the daily equivalent of the annual rate of basic pay 

for level V of the Executive Schedule under section 5316 of such 

title: Provided further, That the revolving fund and the funds provided under the headings ‘‘OFFICE OF SUPERINTENDENT OF DOCUMENTS’’ and ‘‘SALARIES AND EXPENSES’’ together may not be available for the full-time equivalent employment of more than 2,621 

workyears (or such other number of workyears as the Public Printer 

may request, subject to the approval of the Committees on Appropriations of the House of Representatives and Senate): Provided further, That activities financed through the revolving fund may provide information in any format: Provided further, That not more 

than $10,000 may be expended from the revolving fund in support 

of the activities of the Benjamin Franklin Tercentenary Commission 

established by Public Law 107–202. 

387 

ADMINISTRATIVE PROVISION

SEC. 1301. DISCOUNTS FOR SALES COPIES. Section 1708 of title 

44, United States Code, is amended by striking ‘‘of not to exceed 25 

percent may be allowed to book dealers and quantity purchasers’’, 

and inserting in lieu thereof the following: ‘‘may be allowed as determined by the Superintendent of Documents’’. 

GOVERNMENT ACCOUNTABILITY OFFICE 

SALARIES AND EXPENSES

For necessary expenses of the Government Accountability Office, 

including not more than $12,500 to be expended on the certification 

of the Comptroller General of the United States in connection with 

official representation and reception expenses; temporary or intermittent services under section 3109(b) of title 5, United States Code, 

but at rates for individuals not more than the daily equivalent of 

the annual rate of basic pay for level IV of the Executive Schedule 

under section 5315 of such title; hire of one passenger motor vehicle; 

advance payments in foreign countries in accordance with section 

3324 of title 31, United States Code; benefits comparable to those 

payable under section 901(5), (6), and (8) of the Foreign Service Act 

of 1980 (22 U.S.C. 4081(5), (6), and (8)); and under regulations prescribed by the Comptroller General of the United States, rental of 

living quarters in foreign countries, $470,973,000: Provided, That 

not more than $4,919,000 of payments received under section 782 of 

title 31, United States Code, shall be available for use in fiscal year 

2005: Provided further, That not more than $2,500,000 of reimbursements received under section 9105 of title 31, United States 

Code, shall be available for use in fiscal year 2005: Provided further, That this appropriation and appropriations for administrative 

expenses of any other department or agency which is a member of 

the National Intergovernmental Audit Forum or a Regional Intergovernmental Audit Forum shall be available to finance an appropriate share of either Forum’s costs as determined by the respective 

Forum, including necessary travel expenses of non-Federal participants: Provided further, That payments hereunder to the Forum 

may be credited as reimbursements to any appropriation from 

which costs involved are initially financed: Provided further, That 

this appropriation and appropriations for administrative expenses 

of any other department or agency which is a member of the American Consortium on International Public Administration (ACIPA) 

shall be available to finance an appropriate share of ACIPA costs 

as determined by the ACIPA, including any expenses attributable to 

membership of ACIPA in the International Institute of Administrative Sciences. 

ADMINISTRATIVE PROVISIONS

SEC. 1401. REPORTS TO THE COMPTROLLER GENERAL. (a) LIMITATIONS ON EXPENDITURES, OBLIGATIONS, AND VOLUNTARY SERVICES.—Section 1351 of title 31, United States Code, is amended by 

inserting ‘‘A copy of each report shall also be transmitted to the 

Comptroller General on the same date the report is transmitted to 

the President and Congress.’’ after the first sentence. 

388 

(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 COUN- TRIES.—Section 313(j) of the Legislative Branch Appropriations Act, 

2001 (2 U.S.C. 1151(j)) is amended— 

(1) in paragraph (1), by striking ‘‘and’’ after the semicolon; 

(2) in paragraph (2), by striking the period and inserting 

‘‘; and’’; and 

(3) by adding at the end the following: 

‘‘(3) any other country that is designated by the Board, except that the Board shall notify the Committees on Appropriations of the Senate and the House of Representatives of the designation at least 90 days before the designation is to take effect.’’. 

SEC. 1502. BOARD MEMBERSHIP. Section 313(a)(2) of the Legislative Branch Appropriations Act, 2001 (2 U.S.C. 1151(a)(2)), as enacted by reference in section 1(a)(2) of the Consolidated Appropriations Act, 2001, is amended— 

(1) in the matter preceding subparagraph (A), by striking 

‘‘nine members’’ and inserting ‘‘11 members’’; and 

(2) by inserting after subparagraph (D) the following new 

subparagraph: 

‘‘(E) The chair of the Subcommittee on Legislative 

Branch of the Committee on Appropriations of the House of 

Representatives and the chair of the Subcommittee on Legislative Branch of the Committee on Appropriations of the 

Senate.’’. 

TITLE II—GENERAL PROVISIONS 

SEC. 201. MAINTENANCE AND CARE OF PRIVATE VEHICLES. No 

part of the funds appropriated in this Act shall be used for the 

maintenance or care of private vehicles, except for emergency assistance and cleaning as may be provided under regulations relating to 

parking facilities for the House of Representatives issued by the 

Committee on House Administration and for the Senate issued by 

the Committee on Rules and Administration. 

SEC. 202. FISCAL YEAR LIMITATION. No part of the funds appropriated in this Act shall remain available for obligation beyond fiscal year 2005 unless expressly so provided in this Act. 

SEC. 203. RATES OF COMPENSATION AND DESIGNATION. Whenever in this Act any office or position not specifically established by 

the Legislative Pay Act of 1929 (46 Stat. 32 et seq.) is appropriated 

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389 

tion appropriated for is different from that specifically established 

by such Act, the rate of compensation and the designation in this 

Act shall be the permanent law with respect thereto: Provided, That 

the provisions in this Act for the various items of official expenses 

of Members, officers, and committees of the Senate and House of 

Representatives, and clerk hire for Senators and Members of the 

House of Representatives shall be the permanent law with respect 

thereto. 

SEC. 204. CONSULTING SERVICES. The expenditure of any appropriation under this Act for any consulting service through procurement contract, under section 3109 of title 5, United States Code, 

shall be limited to those contracts where such expenditures are a 

matter of public record and available for public inspection, except 

where otherwise provided under existing law, or under existing Executive order issued under existing law. 

SEC. 205. AWARDS AND SETTLEMENTS. Such sums as may be 

necessary are appropriated to the account described in subsection 

(a) of section 415 of the Congressional Accountability Act of 1995 (2 

U.S.C. 1415(a)) to pay awards and settlements as authorized under 

such subsection. 

SEC. 206. COSTS OF LBFMC. Amounts available for administrative expenses of any legislative branch entity which participates 

in the Legislative Branch Financial Managers Council (LBFMC) established by charter on March 26, 1996, shall be available to finance an appropriate share of LBFMC costs as determined by the 

LBFMC, except that the total LBFMC costs to be shared among all 

participating legislative branch entities (in such allocations among 

the entities as the entities may determine) may not exceed $2,000. 

SEC. 207. LANDSCAPE MAINTENANCE. The Architect of the Capitol, in consultation with the District of Columbia, is authorized to 

maintain and improve the landscape features, excluding streets and 

sidewalks, in the irregular shaped grassy areas bounded by Washington Avenue, SW on the northeast, Second Street SW on the west, 

Square 582 on the south, and the beginning of the I–395 tunnel on 

the southeast. 

SEC. 208. LIMITATION ON TRANSFERS. None of the funds made 

available in this Act may be transferred to any department, agency, 

or instrumentality of the United States Government, except pursuant to a transfer made by, or transfer authority provided in, this Act 

or any other appropriation Act. 

SEC. 209. ETRAVEL SERVICE. Notwithstanding any other provision of law, no entity within the legislative branch shall be required 

to use the eTravel Service established by the Administrator of General Services for official travel by officers or employees of the entity 

during fiscal year 2005 or any succeeding fiscal year. 

SEC. 210. VOLUNTARY SEPARATION INCENTIVE PAYMENTS. (a) 

AUTHORITY TO OFFER PAYMENTS.—Notwithstanding any other provision of law, the head of any office in the legislative branch may 

establish a program under which voluntary separation incentive 

payments may be offered to eligible employees of the office to encourage such employees to separate from service voluntarily (whether by 

retirement or resignation), in accordance with this section. 

(b) AMOUNT AND ADMINISTRATION OF PAYMENTS.—A voluntary 

separation incentive payment made under this section— 

390 

(1) shall be paid in a lump sum after the employee’s separation; 

(2) shall be equal to the lesser of— 

(A) an amount equal to the amount the employee would 

be entitled to receive under section 5595(c) of title 5, United 

States Code, if the employee were entitled to payment under 

such section (without adjustment for any previous payment 

made); or 

(B) an amount determined by the head of the office involved, not to exceed $25,000; 

(3) may be made only in the case of an employee who voluntarily separates (whether by retirement or resignation) under 

this section; 

(4) shall not be a basis for payment, and shall not be included in the computation, of any other type of Government 

benefit; 

(5) shall not be taken into account in determining the 

amount of any severance pay to which the employee may be entitled under section 5595 of title 5, United States Code, based 

on any other separation; and 

(6) shall be paid from appropriations or funds available for 

the payment of the basic pay of the employee. 

(c) PLAN.— 

(1) PLAN REQUIRED FOR MAKING PAYMENTS.—No voluntary 

separation incentive payment may be paid under this section 

with respect to an office unless the head of the office submits 

a plan described in paragraph (2) to each applicable committee 

described in paragraph (3), and each applicable committee approves the plan. 

(2) CONTENTS OF PLAN.—A plan described in this paragraph with respect to an office is a plan containing the following information: 

(A) The specific positions and functions to be reduced 

or eliminated. 

(B) A description of which categories of employees will 

be offered incentives. 

(C) The time period during which incentives may be 

paid. 

(D) The number and amounts of voluntary separation 

incentive payments to be offered. 

(E) A description of how the office will operate without 

the eliminated positions and functions. 

(3) APPLICABLE COMMITTEE.—For purposes of this subsection, the ‘‘applicable committee’’ with respect to an office 

means any committee of the House of Representatives or Senate 

with jurisdiction over the activities of the office under the applicable rules of the House of Representatives and the Senate (as 

determined by the head of the office), but does not include the 

Committees on Appropriations of the House of Representatives 

and the Senate. 

(d) EXCLUSION OF CERTAIN OFFICES.—This section shall not 

apply to any office which is an Executive agency under section 105 

of title 5, United States Code, or any employee of such an office. 

(e) ELIGIBLE EMPLOYEE DEFINED.— 

391 

(1) IN GENERAL.—In this section, an ‘‘eligible employee’’ is 

an employee (as defined in section 2105, United States Code) or 

a Congressional employee (as defined in section 2107, United 

States Code) who— 

(A) is serving under an appointment without time limitation; and 

(B) has been currently employed for a continuous period of at least 3 years. 

(2) EXCLUSIONS.—An ‘‘eligible employee’’ does not include 

any of the following: 

(A) A reemployed annuitant under subchapter III of 

chapter 83 or 84 of title 5, United States Code, or another 

retirement system for employees of the Government. 

(B) An employee having a disability on the basis of 

which such employee is or would be eligible for disability 

retirement under subchapter III of chapter 83 or 84 of title 

5, United States Code, or another retirement system for employees of the Government. 

(C) An employee who is in receipt of a decision notice 

of involuntary separation for misconduct or unacceptable 

performance. 

(D) An employee who has previously received any voluntary separation incentive payment from the Federal Government under this section or any other authority. 

(E) An employee covered by statutory reemployment 

rights who is on transfer employment with another organization. 

(F) Any employee who— 

(i) during the 36-month period preceding the date 

of separation of that employee, performed service for 

which a student loan repayment benefit was or is to be 

paid under section 5379 of title 5, United States Code, 

or any other authority; 

(ii) during the 24-month period preceding the date 

of separation of that employee, performed service for 

which a recruitment or relocation bonus was or is to be 

paid under section 5753 of such title or any other authority; or 

(iii) during the 12-month period preceding the date 

of separation of that employee, performed service for 

which a retention bonus was or is to be paid under section 5754 of such title or any other authority. 

(f) REPAYMENT FOR INDIVIDUALS RETURNING TO GOVERNMENT

EMPLOYMENT.— 

(1) IN GENERAL.—Subject to paragraph (2), an employee 

who has received a voluntary separation incentive payment 

under this section and accepts employment with the Government of the United States within 5 years after the date of the 

separation on which the payment is based shall be required to 

repay the entire amount of the incentive payment to the office 

that paid the incentive payment. 

(2) WAIVER FOR INDIVIDUALS POSSESSING UNIQUE ABILI- TIES.— 

(A) If the employment is with an Executive agency (as 

defined by section 105 of title 5, United States Code), the 

392 

Director of the Office of Personnel Management may, at the 

request of the head of the agency, waive the repayment required under this subsection if the individual involved possesses unique abilities and is the only qualified applicant 

available for the position. 

(B) If the employment is with an entity in the legislative branch, the head of the entity or the appointing official 

may waive the repayment required under this subsection if 

the individual involved possesses unique abilities and is 

the only qualified applicant available for the position. 

(C) If the employment is with the judicial branch, the 

Director of the Administrative Office of the United States 

Courts may waive the repayment required under this subsection if the individual involved possesses unique abilities 

and is the only qualified applicant available for the position. 

(3) TREATMENT OF PERSONAL SERVICES CONTRACTS.—For 

purposes of paragraph (1) (but not paragraph (2)), the term 

‘‘employment’’ includes employment under a personal services 

contract with the United States. 

(g) EFFECTIVE DATE.—This section shall take effect on the date 

of the enactment of this Act, and shall apply with respect to the portion of fiscal year 2005 occurring on and after such date and to each 

succeeding fiscal year. 

SEC. 211. CAPITOL GROUNDS ENCLOSURE. None of the funds 

contained in this Act may be used to study, design, plan, or otherwise further the construction or consideration of a fence to enclose 

the perimeter of the grounds of the United States Capitol. 

SEC. 212. CONGRESSIONAL RECOGNITION FOR EXCELLENCE IN

ARTS EDUCATION. Section 210 of the Legislative Branch Appropriations Act, 2003 is amended— 

(1) by striking the first proviso; and 

(2) by striking ‘‘Provide further,’’ and inserting ‘‘Provided,’’. 

SEC. 213. TRANSFER OF JURISDICTION OVER REAL PROPERTY

NEAR JAPANESE AMERICAN PATRIOTISM MEMORIAL. (a) TRANSFER

OF JURISDICTION.— 

(1) IN GENERAL.—Jurisdiction over the parcels of Federal 

real property described under paragraph (2) (over which jurisdiction was transferred under section 514(b)(2)(C) of the Omnibus Parks and Public Lands Management Act of 1996 (40 

U.S.C. 5102 note; Public Law 104–333)) is transferred to the 

Architect of the Capitol, without consideration. 

(2) PARCELS.—The parcels of Federal real property referred 

to under paragraph (1) are the following: 

(A) That portion of New Jersey Avenue, N.W., between 

the northernmost point of the intersection of New Jersey 

Avenue, N.W., and D Street, N.W., and the northernmost 

point of the intersection of New Jersey Avenue, N.W., and 

Louisiana Avenue, N.W., between squares 631 and W632, 

which remains Federal property, and whose maintenance 

and repair shall be the responsibility of the District of Columbia. 

(B) That portion of D Street, N.W., between its intersection with New Jersey Avenue, N.W., and its intersection 

393 

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. 

This division may be cited as the ‘‘Legislative Branch Appropriations Act, 2005’’. 

SEC. 214. COMMISSION ON THE ABRAHAM LINCOLN STUDY

ABROAD FELLOWSHIP PROGRAM. EXTENSION OF REPORT AND TERMINATION DATES.—Section 104 of division H of the Consolidated Appropriations Act, 2004 (Public Law 108–199; 118 Stat. 435) is 

amended— 

(1) in subsection (f), by striking ‘‘December 1, 2004’’ and inserting ‘‘December 1, 2005’’; and 

(2) in subsection (g), by striking ‘‘December 31, 2004’’ and 

inserting ‘‘December 31, 2005’’. 

SEC. 215. (a) The Chief Administrative Officer of the House of 

Representatives and the Sergeant at Arms and Doorkeeper of the 

Senate may enter into a memorandum of understanding under 

which the Sergeant at Arms and Doorkeeper shall provide all services of the United States Capitol telephone exchange for the House 

of Representatives, in accordance with such terms and conditions as 

may be provided in the memorandum of understanding. 

(b) For any period during which a memorandum of understanding is in effect pursuant to this section— 

(1) all positions in the United States Capitol telephone exchange for which the employing authority is the Chief Administrative Officer shall be transferred to the Sergeant at Arms and 

Doorkeeper; 

(2) all employees in the United States Capitol telephone exchange for whom the employing authority is the Chief Administrative Officer shall be transferred to an appointed by the Sergeant at Arms and Doorkeeper; and 

394 

(3) the Sergeant at Arms and Doorkeeper shall serve as the 

employing authority for all personnel of United States Capitol 

telephone exchange. 

(c) In carrying out a memorandum of understanding pursuant 

to this section, the Sergeant at Arms and Doorkeeper shall ensure 

that, with respect to any employee of the United States Capitol telephone exchange whose employing authority prior to the effective 

date of the memorandum was the Chief Administrative Officer— 

(1) the rate of pay and leave accrual for the employee shall 

not be less than the employee’s rate of pay and leave accrual for 

the most recent pay period prior to such date, unless— 

(A) the employee does not remain in the 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 Appropriation Act, 2005 is in effect),’’. 

(e)(1) A memorandum of understanding under this section may 

include a provision requiring the reimbursement by the House of 

Representatives during s fiscal year (paid out of the applicable accounts of the House) of the expenses incurred by the Sergeant at 

Arms and Door-keeper during the fiscal year in carrying out the 

memorandum with respect to the employees of the United States 

Capitol telephone exchange whose employing authority prior to the 

effective date of the memorandum was the Chief Administrative Officer. 

(2) Any reimbursement made pursuant to this subsection— 

(A) in the case of a reimbursement for salaries or agency 

contributions and related expenses, shall be deposited in the account under the heading ‘‘OFFICE OF THE SERGEANT AT ARMS

AND DOORKEEPER’’ or ‘‘AGENCY CONTRIBUTIONS AND RELATED

EXPENSES’’, under the heading ‘‘SALARIES, OFFICERS AND EMPLOYEES’’; and 

(B) in the case of a reimbursement for expenses, shall be deposited in the account under the heading ‘‘SERGEANT AT ARMS

AND DOORKEEPER OF THE SENATE’’ under the heading ‘‘CONTINGENT EXPENSES OF THE SENATE.’’ 

(3) Any funds deposited under paragraph (2) shall be available 

in like manner and for the same purposes as are other funds in the 

account to which the funds were deposited. 

(f) This section and the amendment made by the this section 

shall apply with respect to fiscal year 2005 and each succeeding fiscal year. 

395 

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. 

396 

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. 

397 

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 

398 

pay: Provided further, That none of the funds in this Act may be 

obligated or expended to operate a manned auxiliary flight service 

station in the contiguous United States: Provided further, That none 

of the funds in this Act for aeronautical charting and cartography 

are available for activities conducted by, or coordinated through, the 

Working Capital Fund: Provided further, That of the funds provided under this heading, $4,000,000 is available only for recruitment, personnel compensation and benefits, and related costs to 

raise the level of operational air traffic control supervisors to the 

level of 1,846: Provided further, That none of the funds in this Act 

may be obligated or expended for an employee of the Federal Aviation Administration to purchase a store gift card or gift certificate 

through use of a Government-issued credit card. 

FACILITIES AND EQUIPMENT

(AIRPORT AND AIRWAY TRUST FUND)

For necessary expenses, not otherwise provided for, for acquisition, establishment, technical support services, improvement by contract or purchase, and hire of air navigation and experimental facilities and equipment, as authorized under part A of subtitle VII 

of title 49, United States Code, including initial acquisition of necessary sites by lease or grant; engineering and service testing, including construction of test facilities and acquisition of necessary 

sites by lease or grant; construction and furnishing of quarters and 

related accommodations for officers and employees of the Federal 

Aviation Administration stationed at remote localities where such 

accommodations are not available; and the purchase, lease, or 

transfer of aircraft from funds available under this heading; to be 

derived from the Airport and Airway Trust Fund, $2,540,000,000, 

of which $2,119,000,000 shall remain available until September 30, 

2007, and of which $421,000,000 shall remain available until September 30, 2005: Provided, That there may be credited to this appropriation funds received from States, counties, municipalities, 

other public authorities, and private sources, for expenses incurred 

in the establishment and modernization of air navigation facilities: 

Provided further, That upon initial submission to the Congress of 

the fiscal year 2006 President’s budget, the Secretary of Transportation shall transmit to the Congress a comprehensive capital investment plan for the Federal Aviation Administration which includes funding for each budget line item for fiscal years 2006 

through 2010, with total funding for each year of the plan constrained to the funding targets for those years as estimated and approved by the Office of Management and Budget. 

RESEARCH, ENGINEERING, AND DEVELOPMENT

(AIRPORT AND AIRWAY TRUST FUND)

For necessary expenses, not otherwise provided for, for research, 

engineering, and development, as authorized under part A of subtitle VII of title 49, United States Code, including construction of experimental facilities and acquisition of necessary sites by lease or 

grant, $130,927,000, to be derived from the Airport and Airway 

Trust Fund and to remain available until September 30, 2007: Provided, That there may be credited to this appropriation funds reVerDate Aug 04 2004 07:33 Dec 01, 2004 Jkt 096906 PO 00000 Frm 00402 Fmt 6659 Sfmt 6603 E:\HR\OC\HR792.XXX HR792
399 

ceived from States, counties, municipalities, other public authorities, 

and private sources, for expenses incurred for research, engineering, 

and development. 

GRANTS-IN-AID FOR AIRPORTS

(LIQUIDATION OF CONTRACT AUTHORIZATION)

(LIMITATION ON OBLIGATIONS)

(AIRPORT AND AIRWAY TRUST FUND)

For liquidation of obligations incurred for grants-in-aid for airport planning and development, and noise compatibility planning 

and programs as authorized under subchapter I of chapter 471 and 

subchapter I of chapter 475 of title 49, United States Code, and 

under other law authorizing such obligations; for procurement, installation, and commissioning of runway incursion prevention devices and systems at airports of such title; for grants authorized 

under section 41743 of title 49, United States Code; and for inspection activities and administration of airport safety programs, including those related to airport operating certificates under section 

44706 of title 49, United States Code, $2,800,000,000 to be derived 

from the Airport and Airway Trust Fund and to remain available 

until expended: Provided, That none of the funds under this heading shall be available for the planning or execution of programs the 

obligations for which are in excess of $3,500,000,000 in fiscal year 

2005, notwithstanding section 47117(g) of title 49, United States 

Code: Provided further, That none of the funds under this heading 

shall be available for the replacement of baggage conveyor systems, 

reconfiguration of terminal baggage areas, or other airport improvements that are necessary to install bulk explosive detection systems: 

Provided further, That notwithstanding any other provision of law, 

not more than $68,802,000 of funds limited under this heading 

shall be obligated for administration and not less than $20,000,000 

shall be for the Small Community Air Service Development Program. 

GRANTS-IN-AID FOR AIRPORTS

(AIRPORT AND AIRWAY TRUST FUND)

(RESCISSION OF CONTRACT AUTHORIZATION)

Of the amount authorized for the fiscal year ending September 

30, 2004, under sections 48103 and 48112 of title 49, United States 

Code, $265,000,000 are rescinded. 

GENERAL PROVISIONS—FEDERAL AVIATION ADMINISTRATION

SEC. 101. Notwithstanding any other provision of law, airports 

may transfer, without consideration, to the Federal Aviation Administration (FAA) instrument landing systems (along with associated 

approach lighting equipment and runway visual range equipment) 

which conform to FAA design and performance specifications, the 

purchase of which was assisted by a Federal airport-aid program, 

airport development aid program or airport improvement program 

grant: Provided, That, the Federal Aviation Administration shall 

400 

accept such equipment, which shall thereafter be operated and 

maintained by FAA in accordance with agency criteria. 

SEC. 102. None of the funds in this Act may be used to compensate in excess of 375 technical staff-years under the federally 

funded research and development center contract between the Federal Aviation Administration and the Center for Advanced Aviation 

Systems Development during fiscal year 2005. 

SEC. 103. None of the funds made available in this Act may be 

used for engineering work related to an additional runway at Louis 

Armstrong New Orleans International Airport. 

SEC. 104. None of the funds in this Act shall be used to pursue 

or adopt guidelines or regulations requiring airport sponsors to provide to the Federal Aviation Administration without cost building 

construction, maintenance, utilities and expenses, or space in airport sponsor-owned buildings for services relating to air traffic control, air navigation, or weather reporting: Provided, That the prohibition of funds in this section does not apply to negotiations between 

the agency and airport sponsors to achieve agreement on ‘‘belowmarket’’ 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. 

401 

FEDERAL-AID HIGHWAYS

(LIMITATION ON OBLIGATIONS)

(HIGHWAY TRUST FUND)

None of the funds in this Act shall be available for the implementation or execution of programs, the obligations for which are 

in excess of $34,700,000,000 for Federal-aid highways and highway 

safety construction programs for fiscal year 2005: Provided, That 

within the $34,700,000,000 obligation limitation on Federal-aid 

highways and highway safety construction programs, not more than 

$462,500,000 shall be available for the implementation or execution 

of programs for transportation research (sections 502, 503, 504, 506, 

507, and 508 of title 23, United States Code, as amended; section 

5505 of title 49, United States Code, as amended; and sections 5112 

and 5204–5209 of Public Law 105–178) for fiscal year 2005: Provided further, That this limitation on transportation research programs shall not apply to any authority previously made available 

for obligation: Provided further, That within the $232,000,000 obligation limitation on Intelligent Transportation Systems, the following sums shall be made available for Intelligent Transportation 

System projects that are designed to achieve the goals and purposes 

set forth in section 5203 of the Intelligent Transportation Systems 

Act of 1998 (subtitle C of title V of Public Law 105–178; 112 Stat. 

453; 23 U.S.C. 502 note) in the following specified areas: 

Project Name Amount 

Alameda Corridor—East Project, San Gabriel Valley, California ..... $2,000,000 

Alexandria Fiber Optic Cable for Traffic Signal Coordination, Virginia .................................................................................................... 2,000,000 

Alliance for Transportation Research, Transportation Technology 

Center, New Mexico ............................................................................ 750,000 

Appalachian Transportation Institute and U3C, West Virginia ........ 1,000,000 

Atlanta Construction and Traffic Management Project, Georgia ....... 2,000,000 

Baltimore City Intelligent Transportation System, Maryland ............ 1,000,000 

Bay County Regional ITS, Florida ....................................................... 2,000,000 

Calmar Research Vehicle Communication Systems, New York .......... 1,150,000 

Center for Injury Sciences, Alabama .................................................... 2,000,000 

Central Florida Regional Transportation Authority (LYNX): North 

Orange/South Seminole ITS Enhanced Circulator ......................... 500,000 

Cicero Avenue Smart Corridor, Illinois ................................................ 1,000,000 

City of Boston Directional Signage Program, Massachusetts ............. 1,000,000 

City of Elk Grove ITS Project, California ............................................ 1,500,000 

City of Fort Worth Intelligent Transportation Systems, Texas ........... 1,800,000 

City of San Antonio Municipal ITS Technologies, Texas .................... 1,300,000 

Clark County ITS, Washington ............................................................. 2,000,000 

Commercial Vehicle Information Systems Network, Illinois .............. 500,000 

COTA ITS Integration Project Phases II and III, Ohio ...................... 800,000 

DeKalb Co. Signal System Improvements, Georgia ............................. 500,000 

Downtown Signalization Project, Mechanicsburg, Pennsylvania ....... 750,000 

FAST–TRAC Signal Expansion, Michigan .......................................... 1,000,000 

Florida State University System Center for Intermodal Transportation Safety ........................................................................................ 3,000,000 

Freeway Incident Management Program, Houston, Texas .................. 3,250,000 

Ft. Lauderdale Intelligent Trans System Improvement, Florida ....... 1,000,000 

GEARS Demonstration Project, Cumberland County, Pennsylvania 150,000 

Germantown ITS, Tennessee ................................................................. 500,000 

GMU ITS Appropriations, Virginia ...................................................... 2,000,000 

Highway Speed E-ZPass, Outerbridge Crossing, New York ............... 350,000 

Hillsborough Area Regional Transit Authority: Bus Tracking, Communication and Security, Florida ..................................................... 750,000 

I–70 Incident Management Plan, Colorado ......................................... 1,250,000 

I–91 Fiber and ITS Construction, Massachusetts ............................... 2,500,000 

402 

Project Name Amount 

Intelligent Transportation at George Washington University, Virginia .................................................................................................... 1,000,000 

Intelligent Transportation System feasibility study and implementation plan, Edmond, OK ...................................................................... 100,000 

Intelligent Transportation System, Jackson, Tennessee ...................... 385,000 

Intelligent Transportation System, Wichita, Kansas ........................... 1,250,000 

Intelligent Transportation Systems—Nebraska ................................... 450,000 

Intelligent Transportation Systems, City of Jackson, 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, MI ........................... 2,000,000 

Iowa ITS ................................................................................................. 2,000,000 

ITS—Commercial Vehicle Safety and Integration Statewide, Utah .. 500,000 

ITS—Northwest Arkansas Regional Architecture, Arkansas .............. 250,000 

ITS—Rural Recreation & Tourism, Statewide, Utah ......................... 750,000 

ITS—Springfield, Illinois ...................................................................... 650,000 

ITS Deployment Project, Inglewood, California .................................. 400,000 

ITS Statewide, Maryland ...................................................................... 1,000,000 

Jacksonville Transportation Authority: Intelligent Transportation 

Systems Regional Planning, Florida ................................................ 750,000 

JAXPORT Intermodal Cargo Tracking Project, Florida ..................... 900,000 

Kansas City SmartPort, Missouri ......................................................... 750,000 

King County, County-Wide Signal Program, Washington .................. 2,000,000 

Lake County Passage, Lake County, Illinois ........................................ 1,250,000 

Laredo ITS Multi-Agency Integration and Incidence Project, Texas 500,000 

Los Angeles Union Station Communication System ........................... 1,000,000 

Lynnwood Traffic Management Center of Multi-Jurisdictional ITS, 

Washington ......................................................................................... 1,000,000 

MARTA Automated Fare Collection/Smart Card System, Georgia ... 500,000 

Missouri Statewide Rural ITS .............................................................. 2,500,000 

Montgomery County Integrated ITS Program, Maryland ................... 750,000 

Montgomery Intelligent Transportation System Acquisition and Implementation, Alabama ...................................................................... 1,000,000 

Nepperhan Traffic Improvements, City of Yonkers, New York ........... 300,000 

Northwest Arkansas Regional Planning Commission—ITS Regional 

Architecture ......................................................................................... 300,000 

Park Avenue Corridor Improvements, New Jersey .............................. 1,000,000 

Park Avenue Corridor Improvements, Union County, NJ .................. 765,000 

Pennsylvania Turnpike ITS Initiative, Pennsylvania ......................... 2,000,000 

PSU’s Center for Transportation Studies ITS Initiative, Oregon ...... 400,000 

Puget Sound In-Vehicle Traffic Map Expansion Program, 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 Preemption 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 

403 

Project Name Amount 

Twin Cities, Minnesota Redundant Communications Pilot ................ 750,000 

University of Alaska Arctic Transportation Engineering Research 

Center, Alaska .................................................................................... 1,500,000 

University of Kentucky Transportation Center .................................... 1,500,000 

US 2 Lohman Rail Crossing Advance Warning, Montana ................. 1,000,000 

US 280 Corridor ITS, Alabama ............................................................ 800,000 

US 280, Jefferson County, ITS, Alabama ............................................ 4,000,000 

US 98 Widening from Bayshore Road to Portside Road, Florida ...... 500,000 

Variable Message Signs and 511 Implementation, Idaho ................... 2,250,000 

Ventura County Intelligent Transportation Systems, California ....... 750,000 

Vermont Roadway Weather Information System ................................. 1,000,000 

Village of Tarrytown, New York ........................................................... 320,000 

West Baton Rouge Emergency Communications Center, Louisiana ... 1,500,000 

Wisconsin State Patrol Mobile Data Communications Network— 

Phase III ............................................................................................. 3,400,000 

FEDERAL-AID HIGHWAYS

(LIQUIDATION OF CONTRACT AUTHORIZATION)

(HIGHWAY TRUST FUND)

Notwithstanding any other provision of law, for carrying out 

the provisions of title 23, United States Code, that are attributable 

to Federal-aid highways, including the National Scenic and Recreational Highway as authorized by 23 U.S.C. 148, not otherwise 

provided, including reimbursement for sums expended pursuant to 

the provisions of 23 U.S.C. 308, $35,000,000,000 or so much thereof 

as may be available in and derived from the Highway Trust Fund, 

to remain available until expended. 

FEDERAL-AID HIGHWAYS

(HIGHWAY TRUST FUND)

(RESCISSION)

Of the unobligated balances of funds apportioned to each State 

under chapter 1 of title 23, United States Code, $520,277,000 are 

rescinded: Provided, That such rescission shall not apply to the 

funds distributed in accordance with 23 U.S.C. 133(d)(1) and the 

first sentence of 23 U.S.C. 133(d)(3)(A) or to the funds apportioned 

to the program authorized under section 163 of title 23, United 

States Code. 

FEDERAL-AID HIGHWAYS

EMERGENCY RELIEF PROGRAM

(HIGHWAY TRUST FUND)

(INCLUDING RESCISSION)

For an additional amount for the ‘‘Emergency Relief Program’’ 

as authorized under section 125 of title 23, United States Code, 

$741,000,000, to be derived from the Highway Trust Fund (other 

than the Mass Transit Account) and to remain available until expended: Provided, That of the unobligated balances of funds apportioned to each state under chapter 1 of title 23, United States Code, 

$741,000,000 are rescinded: Provided further, That such rescission 

shall not apply to the funds distributed in accordance with 23 

U.S.C. 133(d)(1) and the first sentence of 23 U.S.C. 133(d)(3)(A) or 

404 

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; 

(4) distribute the obligation limitation for Federal-aid 

Highways less the aggregate amounts not distributed under 

paragraphs (1) and (2) for section 201 of the Appalachian Regional Development Act of 1965 and $2,000,000,000 for such 

fiscal year under section 105 of title 23, United States Code (relating to minimum guarantee) so that the amount of obligation 

authority available for each of such sections is equal to the 

amount determined by multiplying the ratio determined under 

paragraph (3) by the sums authorized to be appropriated for 

such section (except in the case of section 105, $2,000,000,000) 

for such fiscal year; 

(5) distribute the obligation limitation provided for Federal-aid Highways less the aggregate amounts not distributed 

under paragraphs (1) and (2) and amounts distributed under 

paragraph (4) for each of the programs that are allocated by the 

Secretary under title 23, United States Code (other than activities to which paragraph (1) applies and programs to which 

405 

paragraph (4) applies) by multiplying the ratio determined 

under paragraph (3) by the sums authorized to be appropriated 

for such program for such fiscal year; and 

(6) distribute the obligation limitation provided for Federal-aid Highways less the aggregate amounts not distributed 

under paragraphs (1) and (2) and amounts distributed under 

paragraphs (4) and (5) for Federal-aid highways and highway 

safety construction programs (other than the minimum guarantee program, but only to the extent that amounts apportioned 

for the minimum guarantee program for such fiscal year exceed 

$2,639,000,000, and the Appalachian development highway system program) that are apportioned by the Secretary under title 

23, United States Code, in the ratio that— 

(A) sums authorized to be appropriated for such programs that are apportioned to each State for such fiscal 

year, bear to 

(B) the total of the sums authorized to be appropriated 

for such programs that are apportioned to all States for 

such fiscal year. 

(b) EXCEPTIONS FROM OBLIGATION LIMITATION.—The obligation 

limitation for Federal-aid Highways shall not apply to obligations: 

(1) under section 125 of title 23, United States Code; (2) under section 147 of the Surface Transportation Assistance Act of 1978; (3) 

under section 9 of the Federal-Aid Highway Act of 1981; (4) under 

sections 131(b) and 131(j) of the Surface Transportation Assistance 

Act of 1982; (5) under sections 149(b) and 149(c) of the Surface 

Transportation and Uniform Relocation Assistance Act of 1987; (6) 

under sections 1103 through 1108 of the Intermodal Surface Transportation Efficiency Act of 1991; (7) under section 157 of title 23, 

United States Code, as in effect on the day before the date of the 

enactment of the Transportation Equity Act for the 21st Century; (8) 

under section 105 of title 23, United States Code (but, only in an 

amount equal to $639,000,000 for such fiscal year); and (9) for Federal-aid highway programs for which obligation authority was 

made available under the Transportation Equity Act for the 21st 

Century or subsequent public laws for multiple years or to remain 

available until used, but only to the extent that such obligation authority has not lapsed or been used. 

(c) REDISTRIBUTION OF UNUSED OBLIGATION AUTHORITY.—Notwithstanding subsection (a), the Secretary shall after August 1 for 

such fiscal year revise a distribution of the obligation limitation 

made available under subsection (a) if a State will not obligate the 

amount distributed during that fiscal year and redistribute sufficient amounts to those States able to obligate amounts in addition 

to those previously distributed during that fiscal year, giving priority to those States having large unobligated balances of funds apportioned under sections 104 and 144 of title 23, United States 

Code, section 160 (as in effect on the day before the enactment of 

the Transportation Equity Act for the 21st Century) of title 23, 

United States Code, and under section 1015 of the Intermodal Surface Transportation Efficiency Act of 1991. 

(d) APPLICABILITY OF OBLIGATION LIMITATIONS TO TRANSPOR- TATION 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 

406 

made available for such programs under such limitation shall remain available for a period of 3 fiscal years. 

(e) REDISTRIBUTION OF CERTAIN AUTHORIZED FUNDS.—Not 

later than 30 days after the date of the distribution of obligation 

limitation under subsection (a), the Secretary shall distribute to the 

States any funds: (1) that are authorized to be appropriated for such 

fiscal year for Federal-aid highways programs (other than the program under section 160 of title 23, United States Code) and for carrying out subchapter I of chapter 311 of title 49, United States 

Code, and highway-related programs under chapter 4 of title 23, 

United States Code; and (2) that the Secretary determines will not 

be allocated to the States, and will not be available for obligation, 

in such fiscal year due to the imposition of any obligation limitation 

for such fiscal year. Such distribution to the States shall be made 

in the same ratio as the distribution of obligation authority under 

subsection (a)(6). The funds so distributed shall be available for any 

purposes described in section 133(b) of title 23, United States Code. 

(f) SPECIAL RULE.—Obligation limitation distributed for a fiscal 

year under subsection (a)(4) of this section for a section set forth in 

subsection (a)(4) shall remain available until used and shall be in 

addition to the amount of any limitation imposed on obligations for 

Federal-aid highway and highway safety construction programs for 

future fiscal years. 

SEC. 111. Notwithstanding 31 U.S.C. 3302, funds received by 

the Bureau of Transportation Statistics from the sale of data products, for necessary expenses incurred pursuant to 49 U.S.C. 111 may 

be credited to the Federal-aid highways account for the purpose of 

reimbursing the Bureau for such expenses: Provided, That such 

funds shall be subject to the obligation limitation for Federal-aid 

highways and highway safety construction. 

SEC. 112. Of the funds made available to the Bureau of Trans- portation Statistics in fiscal year 2005, $400,000 shall be available 

to administer section 5402 of title 39, United States Code. 

SEC. 113. (a) Notwithstanding any other provision of law, in 

section 1602 of the Transportation Equity Act for the 21st Century, 

item number 89 is amended by striking ‘‘Construct I–495/Route 2 

interchange east of existing interchange to provide access to commuter rail station, Littleton’’ and inserting ‘‘Ayer commuter rail station improvements, land acquisition and parking improvements’’. 

(b) Of the $6,000,000 portion of the funds appropriated under 

the heading ‘‘Highway Demonstration Projects’’ in title I of Public 

Law 102–143 (105 Stat. 929) that was allocated for Routes 70/38 

Circle Elimination, NJ, $4,500,000 shall be transferred to, and 

made available for, the following projects in the specified amounts: 

Mantua Creek Overpass in Paulsboro, NJ, $2,000,000; Delsea Drive 

Route 47 Timber Creek in Westville, NJ, $787,000; Camden Waterfront Parking Garage in Camden, NJ, $1,213,000; and Route 47 

Chapel Heights Avenue in Gloucester, NJ, $500,000. 

(c) Of the amount made available under item number 89 of the 

table contained in section 1107(b) of the Intermodal Surface Transportation Efficiency Act of 1991 (105 Stat. 2052), $3,300,000 shall 

be used to carry out a comprehensive regional transportation study 

on the multimodal transportation needs in Grand Traverse County, 

Michigan, and to implement recommendations resulting from the 

study. 

407 

(d) Of the funds provided for under ‘‘Transportation and Community and System Preservation Program’’ in Public Law 106–69 

and Public Law 106–346 for the project known as ‘‘Utah-Colorado 

‘Isolated Empire’ Rail Connector Study’’ as referenced in House Report 106–355 and House Report 106–940, any remaining unobligated balance as of October 1, 2004, shall be made available to the 

Central Utah Rail Line (Sigurd/Salina to Levan) Project. 

(e) Section 378 of the Department of Transportation and Related Agencies Appropriations Act, 2001 (114 Stat. 1356A–38) is 

amended by striking ‘‘an extension of Highway 180 from the City of 

Mendota’’ and inserting ‘‘an extension of Highway 180 from the City 

of Fresno’’. 

SEC. 114. None of the funds made available in this Act may be 

used to require a State or local government to post a traffic control 

device or variable message sign, or any other type of traffic warning 

sign, in a language other than English, except with respect to the 

names of cities, streets, places, events, or signs related to an international border. 

SEC. 115. Division F, title I, section 115 of Public Law 108–199 

is amended by inserting before the period at the end the following: 

‘‘: Provided further, That notwithstanding any other provision of 

law and the preceding clauses of this provision, the Secretary of 

Transportation may use amounts made available by this section to 

make grants for any surface transportation project otherwise eligible 

for funding under title 23 or title 49, United States Code’’. 

SEC. 116. Of the funds available under section 104(a)(1)(A) of title 23, United States Code, $5,000,000 shall be available for environmental streamlining activities, which may include making 

grants to, or entering into contracts, cooperative agreements, and 

other transactions, with a Federal agency, State agency, local agency, authority, association, non-profit or for-profit corporation, or institution of higher education. 

SEC. 117. Notwithstanding any other provision of law, whenever an allocation is made of the sums authorized to be appropriated for expenditure on the Federal lands highway program, and 

whenever an apportionment is made of the sums authorized to be 

appropriated for the surface transportation program, the congestion 

mitigation and air quality improvement program, the National 

Highway System, the Interstate maintenance program, the bridge 

program, the Appalachian development highway system, and the 

minimum guarantee program, the Secretary of Transportation shall 

deduct a sum in such amount not to exceed 4.1 percent of all sums 

so authorized: Provided, That of the amount so deducted in accordance with this section, $25,000,000 shall be made available to make 

grants to support planning, highway corridor development, and 

highway construction projects in the area that comprises the Delta 

Regional Authority; and $1,211,360,000 shall be made available for 

surface transportation projects as identified under this section in 

the statement of the managers accompanying this Act: Provided further, That notwithstanding any other provision of law and the preceding clauses of this provision, the Secretary of Transportation 

may use amounts made available by this section to make grants for 

any surface transportation project otherwise eligible for funding 

under title 23 or title 49, United States Code: Provided further, 

That funds made available under this section, at the request of a 

408 

State, shall be transferred by the Secretary to another Federal agency; Provided further, That the Federal share payable on account of 

any program, project, or activity carried out with funds made available under this section shall be 100 percent: Provided further, That 

the sum deducted in accordance with this section shall remain 

available until expended: Provided further, That all funds made 

available under this section shall be subject to any limitation on obligations for Federal-aid highways and highway safety construction 

programs set forth in this Act or any other Act: Provided further, 

That the obligation limitation made available for the programs, 

projects, and activities for which funds are made available under 

this section shall remain available until used and shall be in addition to the amount of any limitation imposed on obligations for Federal-aid highway and highway safety construction programs for future fiscal years. 

SEC. 118. Of the funds made available under section 188(a)(1) 

of title 23, United States Code, $100,000,000 are rescinded. 

SEC. 119. For the purposes of 23 U.S.C. 181(9)(D) the project 

described in section 626 of Division B, title VI of Public Law 108– 

7 is eligible as a publicly owned intermodal surface freight transfer 

facility. 

SEC. 120. Notwithstanding any other provision of law, the Department of Transportation shall complete approval of the proposed 

surety substitution for one-half of the bond debt service reserve 

amount for the RETRAC project within 30 days after receiving from 

RETRAC a binding commitment from a qualified provider to deliver a surety at an acceptable price. Such bond debt service funds 

so released shall be deposited into the RETRAC project contingency 

fund for payment of RETRAC project costs in the event current 

project cost projections are exceeded. 

SEC. 121. DESIGNATION OF MIKE O’CALLAGHAN-PAT TILLMAN

MEMORIAL BRIDGE. (a) IN GENERAL.—The Hoover Dam Bypass 

Bridge in the Lake Mead National Recreation Area between Nevada 

and Arizona is designated as the ‘‘Mike O’Callaghan-Pat Tillman 

Memorial Bridge’’. 

(b) REFERENCES IN LAW.—Any reference in a law (including 

regulations), map, document, paper, or other record of the United 

States to the bridge described in subsection (a) shall be considered 

to be a reference to the Mike O’Callaghan-Pat Tillman Memorial 

Bridge. 

SEC. 122. BYPASS BRIDGE AT HOOVER DAM. (a) IN GENERAL.— 

Subject to subsection (b), the Secretary of Transportation may expend from any funds appropriated for expenditure in accordance 

with title 23, United States Code, for payment of debt service by the 

States of Arizona and Nevada on notes issued for the bypass bridge 

project at Hoover Dam, pending appropriation or replenishment for 

that project. 

(b) REIMBURSEMENT.—Funds expended under subsection (a) 

shall be reimbursed from the funds made available to the States of 

Arizona and Nevada for payment of debt service on notes issued for 

the bypass bridge project at Hoover Dam. 

SEC. 123. None of the funds made available in this Act shall 

be available for the development or dissemination by the Federal 

Highway Administration of any version of a programmatic agreement which regards the Dwight D. Eisenhower National System of 

409 

Interstate and Defense Highways as eligible for inclusion on the National Register of Historic Places. 

SEC. 124. Of the unobligated balances made available under 

Public Law 100–17, Public Law 100–457, Public Law 101–516, 

Public Law 102–143, Public Law 102–240, Public Law 102–388, 

Public Law 103–331, Public Law 105–178, and Public Law 106– 

346, $16,407,908.88 are rescinded. 

SEC. 125. Notwithstanding any other provision of law, projects 

and activities described in the statement of managers accompanying 

this Act under the headings ‘‘Federal-Aid Highways’’ and ‘‘Federal 

Transit Administration’’ shall be eligible for fiscal year 2005 funds 

made available for the project for which each project or activity is 

so designated and projects and activities under the heading ‘‘Job 

Access and Reverse Commute Grants’’ shall be awarded those 

grants upon receipt of an application: Provided, That the Federal 

share payable on account of any such projects and activities subject 

to this section shall be the same as the share required by the Federal program under which each project or activity is designated unless otherwise provided in this Act. 

SEC. 126. Notwithstanding any other provision of law, in addition to amounts provided in this or any other Act for fiscal year 

2005, $34,000,000, to be derived from the Highway Trust Fund and 

to remain available until expended, shall be available for the replacement of the Belleair Causeway Bridge in Pinellas County, Florida. 

SEC. 127. Of the amounts made available for the Federal-Aid 

Highways Emergency Relief Program under division B of the Military Construction Appropriations and Emergency Hurricane Supplemental Appropriations Act, 2005 (118 Stat. 1251), such sums as 

may be necessary shall be available for replacement of the Interstate-10 bridge spanning Escambia Bay in Escambia and Santa 

Rosa Counties, Florida. 

SEC. 128. Amend Section 14003 of Public Law 108–287, the Department of Defense Appropriations Act, 2005 by adding a new subsection (c) at the end as follows: 

‘‘(c) Upon a request by a state to the Secretary that the state has 

an insufficient amount or type of apportionment to effectively utilize 

the funds provided in paragraph (b), the Secretary shall waive the 

requirement for apportionment. Such funds shall be eligible for any 

activity defined in section 133(b) of Title 23. Funds distributed to 

each state under this section shall not be subject to section 105 of 

Title 23.’’. 

FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION

MOTOR CARRIER SAFETY

LIMITATION ON ADMINISTRATIVE EXPENSES

(LIQUIDATION OF CONTRACT AUTHORIZATION)

(HIGHWAY TRUST FUND)

(INCLUDING TRANSFER OF FUNDS)

Notwithstanding any other provision of law, none of the funds 

in this Act shall be available for expenses for administration of 

motor carrier safety programs and motor carrier safety research, 

410 

and grants, the obligations for which are in excess of $257,547,000 

for fiscal year 2005: Provided, That $33,000,000 shall be available 

to make grants to, or enter into contracts with, States, local governments, or other persons for carrying out border commercial motor 

vehicle safety programs and enforcement activities and projects for 

the purposes described in 49 U.S.C. 31104(f)(2)(B), and the Federal 

share payable under such grants shall be 100 percent; $20,000,000 

shall be available to make grants to, or enter into contracts with, 

States, local governments, or other persons for commercial driver’s 

licenses program improvements, and the Federal share payable 

under such grants shall be 100 percent; $13,200,000 shall be available to make grants to States for implementation of section 210 of 

the Motor Carrier Safety Improvement Act of 1999, and the Federal 

share payable under such grant shall be 100 percent; and 

$7,400,000 shall be available to make grants to, or enter into contracts with, States, local governments, or other persons for the commercial vehicle analysis reporting system, and the Federal share 

payable under such grants shall be 100 percent: Provided further, 

That notwithstanding any other provision of law, for payment of obligations incurred to pay administrative expenses of and grants by 

the Federal Motor Carrier Safety Administration, $257,547,000, to 

be derived from the Highway Trust Fund, together with advances 

and reimbursements received by the Federal Motor Carrier Safety 

Administration, the sum of which shall remain available until expended. 

NATIONAL MOTOR CARRIER SAFETY PROGRAM

(LIQUIDATION OF CONTRACT AUTHORIZATION)

(LIMITATION ON OBLIGATIONS)

(HIGHWAY TRUST FUND)

Notwithstanding any other provision of law, for payment of obligations incurred in carrying out 49 U.S.C. 31102, 31106, and 

31309, $190,000,000 to be derived from the Highway Trust Fund 

and to remain available until expended: Provided, That none of the 

funds in this Act shall be available for the implementation or execution of programs the obligations for which are in excess of 

$190,000,000 for ‘‘Motor Carrier Safety Grants’’ and ‘‘Information 

Systems,’’ and of which $17,000,000 shall be available for grants to 

States for implementation of section 210 of the Motor Carrier Safety 

Improvement Act of 1999 (113 Stat. 1764–1765) and $1,000,000 

shall be available for grants to States, local governments, or other 

entities for commercial driver’s license program improvements: Provided further, That for grants made to States for implementation of 

section 210 of the Motor Carrier Safety Improvement Act of 1999 

(113 Stat. 1764–1765), and for grants to States, local governments, 

or other entities for commercial driver’s license program improvements, the Federal share payable under such grants shall be 100 

percent. 

GENERAL PROVISIONS—FEDERAL MOTOR CARRIER SAFETY

ADMINISTRATION

SEC. 130. Funds appropriated or limited in this Act shall be 

subject to the terms and conditions stipulated in section 350 of PubVerDate Aug 04 2004 07:33 Dec 01, 2004 Jkt 096906 PO 00000 Frm 00414 Fmt 6659 Sfmt 6603 E:\HR\OC\HR792.XXX HR792
411 

lic 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 Mexicodomiciled motor carriers. 

SEC. 131. None of the funds appropriated or otherwise made 

available by this Act may be used before December 31, 2005 to implement or enforce any provisions of the Final Rule, issued on April 

16, 2003 (Docket No. FMCSA–97–2350), with respect to either of the 

following: 

(1) The operators of utility service vehicles, as that term is 

defined in section 395.2 of title 49, Code of Federal Regulations. 

(2) Maximum daily hours of service for drivers engaged in 

the transportation of property or passengers to or from a motion 

picture or television production site located within a 100-air 

mile radius of the work reporting location of such drivers. 

SEC. 132. None of the funds made available under this Act may 

be used to issue or implement the Department of Transportation’s 

proposed regulation entitled Parts and Accessories Necessary for 

Safe Operation; Certification of Compliance With Federal Motor Vehicle Safety Standards (FMVSSs), published in the Federal Register, volume 67, number 53, on March 19, 2002, relating to a 

phase-in period to bring vehicles into compliance with the requirements of the regulation. 

NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION

OPERATIONS AND RESEARCH

(HIGHWAY TRUST FUND)

For expenses necessary to discharge the functions of the Secretary, with respect to traffic and highway safety under chapter 301 

of title 49, United States Code, and part C of subtitle VI of title 49, 

United States Code, $157,386,000, to be derived from the sum authorized to be deducted under section 117 of this Act and transferred to the National Highway Traffic Safety Administration, to remain available until expended: Provided, That such funds shall be 

transferred to and administered by the National Highway Traffic 

Safety Administration: Provided further, That none of the funds in 

this Act may be used to augment information technology or computer support funds provided to NHTSA in excess of $2,900,000: 

Provided further, That none of the funds appropriated by this Act 

may be obligated or expended to plan, finalize, or implement any 

rulemaking to add to section 575.104 of title 49 of the Code of Federal Regulations any requirement pertaining to a grading standard 

that is different from the three grading standards (treadwear, traction, and temperature resistance) already in effect: Provided further, 

That all funds made available under this heading shall be subject 

to any limitation on obligations for Federal-aid highways and highway safety construction programs set forth in this Act or any other 

Act: Provided further, That the obligation limitation made available 

for the programs, projects, and activities for which funds are made 

available under this heading shall remain available until used and 

shall be in addition to the amount of any limitation imposed on obligations for Federal-aid highway and highway safety construction 

programs for future fiscal years. 

412 

OPERATIONS AND RESEARCH

(LIQUIDATION OF CONTRACT AUTHORIZATION)

(LIMITATION ON OBLIGATIONS)

(HIGHWAY TRUST FUND)

Notwithstanding any other provision of law, for payment of obligations incurred in carrying out the provisions of 23 U.S.C. 403, 

to remain available until expended, $72,000,000, to be derived from 

the Highway Trust Fund: Provided, That none of the funds in this 

Act shall be available for the planning or execution of programs the 

total obligations for which, in fiscal year 2005, are in excess of 

$72,000,000 for programs authorized under 23 U.S.C. 403. 

NATIONAL DRIVER REGISTER

(LIQUIDATION OF CONTRACT AUTHORIZATION)

(LIMITATION ON OBLIGATIONS)

(HIGHWAY TRUST FUND)

For payment of obligations incurred in carrying out chapter 303 of title 49, United States Code, $3,600,000, to be derived from the 

Highway Trust Fund: Provided, That none of the funds in this Act 

shall be available for the implementation or execution of programs 

the obligations for which are in excess of $3,600,000 for the National Driver Register authorized under chapter 303 of title 49, 

United States Code. 

HIGHWAY TRAFFIC SAFETY GRANTS

(LIQUIDATION OF CONTRACT AUTHORIZATION)

(LIMITATION ON OBLIGATIONS)

(HIGHWAY TRUST FUND)

Notwithstanding any other provision of law, for payment of obligations incurred in carrying out the provisions of 23 U.S.C. 402, 

405, and 410, to remain available until expended, $225,000,000, to 

be derived from the Highway Trust Fund: Provided, That none of 

the funds in this Act shall be available for the planning or execution 

of programs the total obligations for which, in fiscal year 2005, are 

in excess of $225,000,000 for programs authorized under 23 U.S.C. 

402, 405, and 410, of which $165,000,000 shall be for ‘‘Highway 

Safety Programs’’ under 23 U.S.C. 402, $20,000,000 shall be for 

‘‘Occupant Protection Incentive Grants’’ under 23 U.S.C. 405, and 

$40,000,000 shall be for ‘‘Alcohol-Impaired Driving Countermeasures Grants’’ under 23 U.S.C. 410: Provided further, That none 

of these funds shall be used for construction, rehabilitation, or remodeling costs, or for office furnishings and fixtures for State, local, 

or private buildings or structures: Provided further, That not to exceed $10,000,000 of the funds made available for section 402, not 

to exceed $2,306,000 of the funds made available for section 405, 

and not to exceed $2,000,000 of the funds made available for section 

410 shall be available to NHTSA for administering highway safety 

grants under chapter 4 of title 23, United States Code: Provided further, That not to exceed $1,000,000 of the funds subject to allocation 

413 

under section 157 of title 23, United States Code, and not to exceed 

$1,000,000 of the funds subject to apportionment under section 163 

of that title, shall be available to the National Highway Traffic 

Safety Administration for administering highway safety grants 

under those sections: Provided further, That not to exceed $500,000 

of the funds made available for section 410 ‘‘Alcohol-Impaired Driving Countermeasures Grants’’ shall be available for technical assistance to the States. 

GENERAL PROVISIONS—NATIONAL HIGHWAY TRAFFIC SAFETY

ADMINISTRATION

SEC. 140. Notwithstanding any other provision of law, States 

may use funds provided in this Act under section 402 of title 23, 

United States Code, to produce and place highway safety public 

service messages in television, radio, cinema, and print media, and 

on the Internet in accordance with guidance issued by the Secretary 

of Transportation: Provided, That any State that uses funds for 

such public service messages shall submit to the Secretary a report 

describing and assessing the effectiveness of the messages: Provided 

further, That $10,000,000 of the funds allocated under section 157 

of title 23, United States Code, shall be used as directed by the National Highway Traffic Safety Administrator to purchase national 

paid advertising (including production and placement) to support 

national safety belt mobilizations: Provided further, That, of the 

funds allocated under section 163 of title 23, United States Code, 

$6,000,000 shall be used as directed by the Administrator to support national impaired driving mobilizations and enforcement efforts, $14,000,000 shall be used as directed by the Administrator to 

purchase national paid advertising (including production and 

placement) to support such national impaired driving mobilizations 

and enforcement efforts. 

SEC. 141. Notwithstanding any other provision of law, funds 

appropriated or limited in the Act to educate the motoring public on 

how to share the road safely with commercial motor vehicles shall 

be administered by the National Highway Traffic Safety Administration and shall not be used by or made available to any other 

Federal agency. 

SEC. 142. Notwithstanding any other provision of law, for fiscal 

year 2005 the Secretary of Transportation is authorized to use 

amounts made available to carry out section 157 of title 23, United 

States Code, to make innovative project allocations, not to exceed the 

prior year’s amounts for such allocations, before making incentive 

grants for use of seat belts. 

FEDERAL RAILROAD ADMINISTRATION

SAFETY AND OPERATIONS

For necessary expenses of the Federal Railroad Administration, 

not otherwise provided for, $139,769,000, of which $15,350,000 

shall remain available until expended. 

RAILROAD RESEARCH AND DEVELOPMENT

For necessary expenses for railroad research and development, 

$36,025,000, to remain available until expended. 

414 

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 five-year period beginning in fiscal year 2005: Provided further, That each annual installment payment shall be made no later than thirty days after the enactment 

of the Departments of Transportation and Treasury, Independent 

Agencies, and General Government Appropriations Act for the fiscal 

year: Provided further, That in the event the Secretary and the National Railroad Passenger Corporation are unable to agree on the 

terms and conditions of such revised repayment schedule within 

sixty days after the enactment of this Act, then all principal and interest shall come due as provided for under the existing terms of the 

June 28, 2002 direct loan agreement. 

NEXT GENERATION HIGH-SPEED RAIL

For necessary expenses for the Next Generation High-Speed Rail 

program as authorized under 49 U.S.C. 26101 and 26102, 

$19,650,000, to remain available until expended. 

ALASKA RAILROAD REHABILITATION

To enable the Secretary of Transportation to make grants to the Alaska Railroad, $25,000,000, for capital rehabilitation and improvements benefiting its passenger operations, to remain available 

until expended. 

GRANTS TO THE NATIONAL RAILROAD PASSENGER CORPORATION

To enable the Secretary of Transportation to make quarterly 

grants to the National Railroad Passenger Corporation, 

$1,217,000,000, to remain available until September 30, 2005: Provided, That not less than $500,000,000 shall be provided in quarterly grants for capital expenses: Provided further, That the Secretary of Transportation shall approve funding to cover operating 

losses and capital expenditures, including advance purchase orders, 

for the National Railroad Passenger Corporation only after receiving and reviewing a grant request for each specific train route: Provided further, That each such grant request shall be accompanied 

by a detailed financial analysis, revenue projection, and capital expenditure projection justifying the Federal support to the Secretary’s 

satisfaction: Provided further, That the Secretary of Transportation 

shall reserve $60,000,000 of the funds provided under this heading 

415 

and is authorized to transfer such sums to the Surface Transportation Board, upon request from said Board, to carry out directed 

service orders issued pursuant to section 11123 of title 49, United 

States Code to respond to the cessation of commuter rail operations 

by the National Railroad Passenger Corporation: Provided further, 

That the Secretary of Transportation shall make the reserved funds 

available to the National Railroad Passenger Corporation through 

an appropriate grant instrument during the end of the fourth quarter of fiscal year 2005 to the extent that no directed service orders 

have been issued by the Surface Transportation Board as of the date 

of transfer or there is a balance of reserved funds not needed by the 

Board to pay for any directed service order issued through September 30, 2005: Provided further, That not later than 60 days after 

enactment of this Act, Amtrak shall transmit, in electronic format, 

to the Secretary of Transportation, the House and Senate Committees on Appropriations, the House Committee on Transportation and 

Infrastructure and the Senate Committee on Commerce, Science, 

and Transportation a comprehensive business plan approved by the 

Board of Directors for fiscal year 2005 under section 24104(a) of 

title 49, United States Code: Provided further, That the business 

plan shall include, as applicable, targets for ridership, revenues, 

and capital and operating expenses: Provided further, That the plan 

shall also include a separate accounting of such targets for the 

Northeast Corridor; commuter service; long-distance Amtrak service; 

state-supported service; each intercity train route; including Autotrain; and commercial activities including contract operations and 

mail and express: Provided further, That the business plan shall include a description of the work to be funded, along with cost estimates and an estimated timetable for completion of the projects covered by this business plan: Provided further, That not later than December 1, 2004 and no later than 30 days following the last business day of the previous month thereafter, Amtrak shall submit to 

the Secretary of Transportation and the House and Senate Committees on Appropriations a supplemental report, in electronic format, 

regarding the pending business plan, which shall describe the work 

completed to date, any changes to the business plan, and the reasons for such changes: Provided further, That none of the funds in 

this Act may be used for operating expenses, including advance purchase orders, and capital projects not approved by the Secretary of 

Transportation nor on the National Railroad Passenger Corporation’s fiscal year 2005 business plan: Provided further, That Amtrak 

shall display the business plan and all subsequent supplemental 

plans on the Corporation’s website within a reasonable timeframe 

following their submission to the appropriate entities: Provided further, That none of the funds under this heading may be obligated 

or expended until the National Railroad Passenger Corporation 

agrees to continue abiding by the provisions of paragraphs 1, 2, 3, 

5, 9, and 11 of the summary of conditions for the direct loan agreement of June 28, 2002, in the same manner as in effect on the date 

of enactment of this Act: Provided further, That the Secretary of 

Transportation is authorized to retain up to $4,000,000 of the funds 

provided to be used to retain a consultant or consultants to assist 

the Secretary in preparing a comprehensive valuation of Amtrak’s 

assets to be completed not later than September 30, 2005: Provided 

further, That these funds shall be available to the Secretary of 

416 

Transportation until expended: Provided further, That this valuation shall to be used to retain a consultant or consultants to develop to the Secretary’s satisfaction a methodology for determining 

the avoidable and fully allocated costs of each Amtrak route: Provided further, That once the Secretary has approved the methodology for determining the avoidable and fully allocated costs of each 

Amtrak route, Amtrak shall apply that methodology in compiling 

an annual report to Congress on the avoidable and fully allocated 

costs of each of its routes, with the initial report for fiscal year 2005 

to be submitted to the House and Senate Committees on Appropriations, the House Committee on Transportation and Infrastructure, 

and the Senate Committee on Commerce, Science, and Transportation before December 31, 2005, and each subsequent report to be 

submitted within ninety days after the end of the fiscal year to 

which the report pertains. 

GENERAL PROVISIONS—FEDERAL RAILROAD ADMINISTRATION

SEC. 150. For the purpose of assisting State-supported intercity 

rail service, in order to demonstrate whether competition will provide higher quality rail passenger service at reasonable prices, the 

Secretary of Transportation, working with affected States, shall develop and implement a procedure for fair competitive bidding by 

Amtrak and non-Amtrak operators for State-supported routes: Provided, That in the event a State desires to select or selects a nonAmtrak operator for the route, the State may make an agreement 

with Amtrak to use facilities and equipment of, or have services provided by, Amtrak under terms agreed to by the State and Amtrak 

to enable the non-Amtrak operator to provide the State-supported 

service: Provided further, That if the parties cannot agree on terms, 

the Secretary shall, as a condition of receipt of Federal grant funds, 

order that the facilities and equipment be made available and the 

services be provided by Amtrak under reasonable terms and compensation: Provided further, That when prescribing reasonable compensation to Amtrak, the Secretary shall consider quality of service 

as a major factor when determining whether, and the extent to 

which, the amount of compensation shall be greater than the incremental costs of using the facilities and providing the services: Provided further, That the Secretary may reprogram up to $2,500,000 

from the Amtrak operating grant funds for costs associated with the 

implementation of the fair bid procedure and demonstration of competition under this section. 

SEC. 151. Notwithstanding any provisions of this or any other 

Act, during the fiscal year ending September 30, 2005, and hereafter, the Federal Railroad Administration may use funds appropriated by this or any other Act to provide for the installation of a 

broadband high speed internet service connection, including necessary equipment, for Federal Railroad Administration employees, 

and to either pay directly recurring monthly charges or to reimburse 

a percentage of such monthly charges which are paid by such employees: Provided, That the Federal Railroad Administration certifies that adequate safeguards against private misuse exist, and 

that the service is necessary for direct support of the agency’s mission. 

SEC. 152. Public Law 97–468 is amended— 

417 

(1) in section 608(a)(5) by inserting, ‘‘, including any 

amount appropriated or otherwise made available to the Stateowned railroad,’’ before ‘‘shall be retained’’; 

(2) in section 608 by adding a new subsection (e) as follows: 

‘‘(e) The State-owned railroad may take any necessary or appropriate action, consistent with federal railroad safety laws, to preserve and protect its rail properties in the interests of safety.’’; and 

(3) in section 604(d)(2) by adding a new paragraph (D) as 

follows: 

‘‘(D) Any hazardous substance, petroleum or other contaminant release at or from the State-owned rail properties 

that began prior to January 5, 1985, shall be and remain 

the liability of the United States for damages and for the 

costs of investigation and cleanup. Such liability shall be 

enforceable under 42 U.S.C. 9601 et seq. for any release described in the preceding sentence.’’. 

SEC. 153. Notwithstanding any other provision of law, from 

funds made available to the Federal Railroad Administration under 

the heading ‘‘Next Generation High-Speed Rail’’ in the Consolidated 

Appropriations Act of 2004 (Public Law 108–199), the Secretary of 

Transportation may award a grant in the amount of $400,000 to 

the Illinois Department of Transportation for KBS Railroad track 

and grade crossing improvements in Kankakee County and Northeastern Illinois. 

SEC. 154. The Northern New England High Speed Rail Corridor is expanded to include the train routes from Boston, Massachusetts, to Albany, New York, and from Springfield, Massachusetts, to New Haven, Connecticut. 

SEC. 155. Not later than March 1, 2005, Amtrak shall submit 

to the House and Senate Committees on Appropriations a report detailing Amtrak’s obligations pursuant to 49 U.S.C. 24306(a), describing all investments made to develop mail and express, year-toyear operating results generated by mail and express, a detailed description of the impact on employees related to termination of mail 

and express, a detailed description of the proposed liquidation of assets related to mail and express, and an accounting of all incurred 

and estimated costs resulting from such termination, including 

legal and accounting costs, any contingent obligations that may result, and any other related costs. Before submission, both the Amtrak Board of Directors and the Department of Transportation shall 

review this report. 

FEDERAL TRANSIT ADMINISTRATION

ADMINISTRATIVE EXPENSES

For necessary administrative expenses of the Federal Transit 

Administration’s programs authorized by chapter 53 of title 49, 

United States Code, $9,750,000: Provided, That no more than 

$78,000,000 of budget authority shall be available for these purposes: Provided further, That of the funds available not to exceed 

$900,000 shall be available for the Office of the Administrator; not 

to exceed $6,520,000 shall be available for the Office of Administration; not to exceed $4,100,000 shall be available for the Office of the 

Chief Counsel; not to exceed $1,243,000 shall be available for the 

Office of Communication and Congressional Affairs; not to exceed 

418 

$7,396,000 shall be available for the Office of Program Management; not to exceed $6,929,000 shall be available for the Office of 

Budget and Policy; not to exceed $4,645,000 shall be available for 

the Office of Demonstration and Innovation; not to exceed 

$3,013,000 shall be available for the Office of Civil Rights; not to 

exceed $4,171,000 shall be available for the Office of Planning; not 

to exceed $20,150,000 shall be available for regional offices; and not 

to exceed $16,433,000 shall be available for the central account: Provided further, That the Administrator is authorized to transfer 

funds appropriated for an office of the Federal Transit Administration: Provided further, That no appropriation for an office shall be 

increased or decreased by more than a total of 5 percent during the 

fiscal year by all such transfers: Provided further, That any change 

in funding greater than 5 percent shall be submitted for approval 

to the House and Senate Committees on Appropriations: Provided 

further, That any funding transferred from the central account shall 

be submitted for approval to the House and Senate Committees on 

Appropriations: Provided further, That none of the funds provided 

or limited in this Act may be used to create a permanent office of 

transit security under this heading: Provided further, That of the 

funds in this Act available for the execution of contracts under section 5327(c) of title 49, United States Code, $2,000,000 shall be reimbursed to the Department of Transportation’s Office of Inspector 

General for costs associated with audits and investigations of transit-related issues, including reviews of new fixed guideway systems: 

Provided further, That up to $2,500,000 for the National transit 

database shall remain available until expended: Provided further, 

That upon submission to the Congress of the fiscal year 2006 President’s budget, the Secretary of Transportation shall transmit to 

Congress the annual report on new starts, proposed allocations of 

funds for fiscal year 2006: Provided further, That the amount herein appropriated shall be reduced by $20,000 per day for each day 

after initial submission of the President’s budget that the report has 

not been submitted to the Congress. 

FORMULA GRANTS

(INCLUDING TRANSFER OF FUNDS)

For necessary expenses to carry out 49 U.S.C. 5307, 5308, 5310, 

5311, 5327, and section 3038 of Public Law 105–178, $504,022,000, 

to remain available until expended: Provided, That no more than 

$4,032,175,000 of budget authority shall be available for these purposes: Provided further, That notwithstanding any other provision 

of law, $50,000,000 of the funds to carry out 49 U.S.C. 5308 shall 

be transferred to and merged with funding provided for the replacement, rehabilitation, and purchase of buses and related equipment 

and the construction of bus-related facilities under ‘‘Federal Transit 

Administration, Capital investment grants’’. 

UNIVERSITY TRANSPORTATION RESEARCH

For necessary expenses to carry out 49 U.S.C. 5505, $750,000, 

to remain available until expended: Provided, That no more than 

$6,000,000 of budget authority shall be available for these purposes. 

419 

TRANSIT PLANNING AND RESEARCH

For necessary expenses to carry out 49 U.S.C. 5303, 5304, 5305, 

5311(b)(2), 5312, 5313(a), 5314, 5315, and 5322, $16,000,000, to remain available until expended: Provided, That no more than 

$128,000,000 of budget authority shall be available for these purposes: Provided further, That $5,250,000 is available to provide 

rural transportation assistance (49 U.S.C. 5311(b)(2)), $4,000,000 is 

available to carry out programs under the National Transit Institute (49 U.S.C. 5315), $8,250,000 is available to carry out transit 

cooperative research programs (49 U.S.C. 5313(a)), $60,385,600 is 

available for metropolitan planning (49 U.S.C. 5303, 5304, and 

5305), $12,614,400 is available for State planning (49 U.S.C. 

5313(b)); and $37,500,000 is available for the national planning 

and research program (49 U.S.C. 5314). 

TRUST FUND SHARE OF EXPENSES

(LIQUIDATION OF CONTRACT AUTHORIZATION)

(HIGHWAY TRUST FUND)

Notwithstanding any other provision of law, for payment of obligations incurred in carrying out 49 U.S.C. 5303–5308, 5310–5315, 

5317(b), 5322, 5327, 5334, 5505, and sections 3037 and 3038 of 

Public Law 105–178, $6,744,500,000, to remain available until expended, and to be derived from the Mass Transit Account of the 

Highway Trust Fund: Provided, That $3,528,153,000 shall be paid 

to the Federal Transit Administration’s formula grants account: 

Provided further, That $112,000,000 shall be paid to the Federal 

Transit Administration’s transit planning and research account: 

Provided further, That $68,250,000 shall be paid to the Federal 

Transit Administration’s administrative expenses account: Provided 

further, That $5,250,000 shall be paid to the Federal Transit Administration’s university transportation research account: Provided 

further, That $109,375,000 shall be paid to the Federal Transit Administration’s job access and reverse commute grants program: Provided further, That $2,921,472,000 shall be paid to the Federal 

Transit Administration’s capital investment grants account. 

CAPITAL INVESTMENT GRANTS

(INCLUDING TRANSFER OF FUNDS)

For necessary expenses to carry out 49 U.S.C. 5308, 5309, 5318, and 5327, $417,353,000, to remain available until expended: Provided, That no more than $3,338,825,000 of budget authority shall 

be available for these purposes: Provided further, That there shall 

be available for fixed guideway modernization, $1,214,400,000; 

there shall be available for the replacement, rehabilitation, and purchase of buses and related equipment and the construction of busrelated facilities, $675,000,000, which shall include $50,000,000 

made available under 5309(m)(3)(C) of this title, plus $50,000,000 

transferred from ‘‘Federal Transit Administration, Formula 

Grants’’; and there shall be available for new fixed guideway systems $1,449,425,000, together with $3,591,548 in unobligated balances made available in Public Law 106–346, and $22,554,144 in 

unobligated balances made available in Public Law 107–87, to be 

420 

available as follows: 

Atlanta, Georgia/North Springs (North Line Extension) ................... $265,410 

Baltimore, Maryland, Central Light Rail Double Track .................... 29,010,000 

Birmingham-Transit Corridor, Alabama ............................................. 1,000,000 

Boston, Massachusetts, Silver Line III ................................................. 3,000,000 

Capital Metro-Bus Rapid Transit, Texas ............................................. 1,000,000 

CATRAIL RTC Rail Project, Nevada ................................................... 1,000,000 

Charlotte, North Carolina, South Corridor Light Rail Project .......... 30,000,000 

Chicago, Illinois, Douglas Branch Reconstruction .............................. 85,000,000 

Chicago, Illinois, Ravenswood Line Extension .................................... 40,000,000 

Cleveland, Ohio, Euclid Corridor Transportation Project .................. 25,000,000 

Dallas, Texas NW/SE Extension .......................................................... 8,500,000 

Denver, Colorado, Southeast Corridor LRT ......................................... 80,000,000 

Dulles Corridor Rapid Transit Project, Virginia ................................. 25,000,000 

Fort Lauderdale, Florida, South Florida Commuter Rail Upgrades 11,409,506 

Harrisburg, Pennsylvania, Corridor One Rail MOS ........................... 2,000,000 

Hawaii and Alaska Ferry Boats ........................................................... 10,296,000 

Houston Advanced Metro Transit Plan, Texas .................................... 8,500,000 

I–5/I–205/SR50, Transit Loop, Washington and Oregon .................. 1,500,000 

Las Vegas, Nevada, Resort Corridor Fixed Guideway Project ............ 30,000,000 

Little Rock River Rail, Arkansas .......................................................... 3,500,000 

Los Angeles, California/MOS3 Metro Rail (North Hollywood) ......... 675,103 

Los Angeles, California, Eastside Light Rail Transit Project ............. 60,000,000 

Los Angeles, California, Gold Line Foothill Extension ....................... 500,000 

Metra Commuter Rail Expansions and Extensions, Illinois ............... 52,000,000 

Minneapolis, Minnesota, Hiawatha Light Rail Project ....................... 33,698,453 

Minneapolis, Minnesota, Northstar Commuter Rail Project .............. 5,000,000 

Nashville, Tennessee, East Corridor Commuter Rail .......................... 2,000,000 

New Jersey Trans-Hudson Midtown Corridor ..................................... 1,200,000 

New Orleans, Louisiana, Canal Street Corridor Project ..................... 16,747,023 

New York, New York Long Island Rail Road East Side Access ......... 100,000,000 

Norfolk, Virginia, Light Rail Transit Project ...................................... 2,000,000 

Northern New Jersey Hudson-Bergen Light Rail MOS2 .................... 100,000,000 

Northern New Jersey Newark Rail Link MOS 1 ................................. 319,463 

Northern New Jersey Newark-Elizabeth Rail Line MOS1 ................. 1,365,876 

Philadelphia, Pennsylvania, Schuylkill Valley MetroRail .................. 10,000,000 

Phoenix, Arizona, Central Phoenix/East Valley Light Rail ............... 75,000,000 

Pittsburgh, Pennsylvania, North Shore Light Rail Connector ........... 55,000,000 

Pittsburgh, Pennsylvania, Stage II Light Rail .................................... 1,140,792 

Portland, Oregon, Interstate Max Light Rail Extension ..................... 23,480,000 

Raleigh, North Carolina, Triangle Transit Authority Regional Rail 

Project .................................................................................................. 20,000,000 

Rhode Island Integrated Commuter Rail Project ................................ 6,000,000 

Regional Commuter Rail (Weber County to Salt Lake City), Utah .... 8,000,000 

Salt Lake City, Utah/CBD to University LRT .................................... 1,147,398 

Salt Lake City, Utah/Medical Center Extension ................................. 8,836,110 

San Diego, California, Mid-Coast Light Rail Extension ..................... 1,000,000 

San Diego, California, Mission Valley East Light Rail Extension ..... 81,640,000 

San Diego, California, Oceanside-Escondido Rail Corridor ............... 55,000,000 

San Francisco, California, BART Extension to San Fran International Airport .................................................................................. 100,000,000 

San Francisco, California, Muni Third Street Light Rail Project ..... 10,000,000 

San Juan, Puerto Rico, Tren Urbano Rapid Transit System ............. 44,620,000 

Santa Clara County, California, Silicon Valley Rapid Transit Corridor Project ........................................................................................ 2,500,000 

Seattle, Washington, Central Link Initial Segment ............................ 80,000,000 

Sound Transit Sounder Commuter Rail, Lakewood to Nisqually, 

Washington ......................................................................................... 4,000,000 

South Shore Commuter Rail, Indiana ................................................. 2,500,000 

St. Louis, Missouri/Metrolink St. Clair Extension ............................. 60,436 

Stamford, Connecticut Urban Transitway, Phase 2 ............................ 3,000,000 

Washington County, Oregon, Wilsonville to Beaverton Commuter 

Rail Project ......................................................................................... 9,000,000 

Washington, DC/Largo Extension, Maryland ..................................... 76,770,615 

421 

JOB ACCESS AND REVERSE COMMUTE GRANTS

For necessary expenses to carry out section 3037 of the Federal 

Transit Act of 1998, $15,625,000, to remain available until expended: Provided, That no more than $125,000,000 of budget authority shall be available for these purposes: Provided further, That 

up to $300,000 of the funds provided under this heading may be 

used by the Federal Transit Administration for technical assistance 

and support and performance reviews of the Job Access and Reverse 

Commute Grants program. 

GENERAL PROVISIONS—FEDERAL TRANSIT ADMINISTRATION

SEC. 160. The limitations on obligations for the programs of the 

Federal Transit Administration shall not apply to any authority 

under 49 U.S.C. 5338, previously made available for obligation, or 

to any other authority previously made available for obligation. 

SEC. 161. Notwithstanding any other provision of law, and except for fixed guideway modernization projects, funds made available by this Act under ‘‘Federal Transit Administration, Capital investment grants’’ for projects specified in this Act or identified in reports accompanying this Act not obligated by September 30, 2007, 

and other recoveries, shall be made available for other projects 

under 49 U.S.C. 5309. 

SEC. 162. Notwithstanding any other provision of law, any 

funds appropriated before October 1, 2004, under any section of 

chapter 53 of title 49, United States Code, that remain available for 

expenditure may be transferred to and administered under the most 

recent appropriation heading for any such section. 

SEC. 163. None of the funds in this Act shall be available to 

any Federal transit grantee after February 1, 2004, involved directly 

or indirectly, in any activity that promotes the legalization or medical use of any substance listed in schedule I of section 202 of the 

Controlled Substances Act (21 U.S.C. 812 et seq.). 

SEC. 164. From unobligated balances in the Federal Transit 

Administration’s Discretionary Grants account, not to exceed 

$72,792,311 shall be transferred as follows: to the Federal Transit 

Administration’s Formula Grants account, not to exceed 

$42,190,828; and to the Interstate Transfer Grants—Transit account, not to exceed $30,601,483: Provided, That these unobligated 

balances are used, together with Formula Grant funds that are 

available for reapportionment in such account, to restore obligation 

authority reduced due to a prior deficiency. 

SEC. 165. Funds made available for Alaska or Hawaii ferry 

boats or ferry terminal facilities pursuant to 49 U.S.C. 

5309(m)(2)(B) may be used to construct new vessels and facilities, 

or to improve existing vessels and facilities, including both the passenger and vehicle-related elements of such vessels and facilities, 

and for repair facilities: Provided, That not more than $3,000,000 

of the funds made available pursuant to 49 U.S.C. 5309(m)(2)(B) 

may be used by the State of Hawaii to initiate and operate a passenger ferryboat services demonstration project to test the viability 

of different intra-island and inter-island ferry boat routes and technology: Provided further, That notwithstanding 49 U.S.C. 

5302(a)(7), funds made available for Alaska or Hawaii ferry boats 

may be used to acquire passenger ferry boats and to provide pasVerDate Aug 04 2004 07:33 Dec 01, 2004 Jkt 096906 PO 00000 Frm 00425 Fmt 6659 Sfmt 6603 E:\HR\OC\HR792.XXX HR792
422 

senger ferry transportation services within areas of the State of Hawaii under the control or use of the National Park Service. 

SEC. 166. Notwithstanding any other provision of law, unobligated funds made available for a new fixed guideway systems 

projects under the heading ‘‘Federal Transit Administration, Capital Investment Grants’’ in any appropriations act prior to this Act 

may be used during this fiscal year to satisfy expenses incurred for 

such projects. 

SEC. 167. The Secretary shall continue the pilot program authorized under section 166 of the Consolidated Appropriations Act, 

2004, Public Law 108–199, 118 STAT. 309, for cooperative procurement of major capital equipment under sections 5307, 5309, and 

5311. The program shall be administered as required under subsections (b) through (g) of section 166, except that there shall be five 

pilot projects: Provided, That the Secretary shall evaluate all proposals based on selection criteria set forth in the announcement of 

the program and request for proposals (Federal Register Notice— 

Vol. 69, No. 120, Page 35127, June 23, 2004). All proposed projects 

shall be evaluated and the proposing party shall receive notification 

of acceptance or denial by no later than 90 days after the Secretary 

receives a request for review of a proposed project: Provided further, 

That not later than 30 days after delivery of the base order under 

each of the five pilot projects, the Secretary shall submit to the 

House and Senate Committees on Appropriations a report on the results of that pilot project. Each report shall evaluate any savings realized through the cooperative procurement and the benefits of incorporating cooperative procurement, as shown by that project, into 

the mass transit program as a whole. 

SEC. 168. Amounts made available under Chapter 53 of title 

49, United States Code and section 1108 of Public Law 102–240 to 

the Port Authority of Allegheny County for the Airport Busway/Wabash HOV Facility project that remain unexpended may be used by 

the Port Authority for the purchase of buses and bus-related equipment in accordance with 49 U.S.C. 5309. 

SEC. 169. Notwithstanding any other provision of law, any unobligated funds made available under the bus category of the Capital Investment Account in prior fiscal year Appropriations Act for 

the Greater New Haven Transit District Fuel Cell and Electric Bus 

project or CNG/alternative fuel vehicle project shall be transferred 

to and administered under the Transit Planning and Research account, subject to such terms and conditions as the Secretary deems 

appropriate. 

SEC. 170. Notwithstanding any other provision of law, any unobligated funds made available to the Matanuska Susitna Borough 

under ‘‘Federal Transit Administration, Buses and Bus Facilities’’ 

shall be available for expenditure on ferry boat and ferry facilities 

and related expenses as part of the Port MacKenzie Intermodal Facility project. 

SEC. 171. Notwithstanding any other provision of law, $8,900,000 of the funds made available under the new fixed guideway systems category of the Capital Investment Grants account in 

Public Law 107–87 for the ‘‘Honolulu, Hawaii, bus rapid transit 

project’’ shall be made available to the City and County of Honolulu 

for replacement, rehabilitation, and purchase of buses and related 

equipment and the construction of bus-related facilities under 49 

423 

U.S.C. 5309 and shall remain available to the City and County of 

Honolulu for those purposes until expended: Provided, That any remaining unobligated balance from said project in Public Law 107– 

87 shall be transferred for any eligible activity under Title 23 of the 

United States Code, and administered under that Title, for use on 

improvements to the Kapolei Interchange Complex and shall remain 

available until expended: Provided further, That funds made available in Public Law 108–10 for ‘‘Hawaii: BRT Systems, Appurtenances and Facilities’’ shall be generally available for bus and bus 

facilities by the City and County of Honolulu. 

SEC. 172. Notwithstanding any other provision of law, the Navy 

may receive funds from the State of Hawaii for the procurement of 

passenger ferry boats to provide passenger ferry transportation services for the Arizona War Memorial. 

SEC. 173. The Federal Transit Administration is directed to 

comply with Section 3042 of the Federal Transit Act of 1998 (Public 

Law 105–178, as amended; 112 Stat. 338) and is further directed 

to comply with the associated Committee report language contained 

in House Report 108–401, accompanying H.R. 2673, pages 997–998. 

SEC. 174. Hereafter, notwithstanding any other provision of 

law, for the purpose of calculating the non-New Starts share of the 

total project cost of both phases of San Francisco Muni’s Third 

Street Light Rail Transit project, the Secretary of Transportation 

shall include all non-New Starts contributions made towards Phase 

1 of the two-phase project for engineering, final design and construction, and also shall allow non-New Starts funds expended on 

one element or phase of the project to be used to meet the non-New 

Starts share requirement of any element or phase of the project: Provided further, That none of the funds provided in this Act for the 

San Francisco Muni Third Street Light Rail Transit Project shall 

be obligated if the Federal Transit Administration determines that 

the project is found to be ‘‘not recommended’’ after evaluation and 

computation of revised transportation system user benefit data. 

SEC. 175. Funds made available for the Burlington-Bennington, 

Vermont Commuter Rail project in Public Law 106–346, the Burlington-Middlebury, Vermont Commuter Rail project and Vermont 

Transportation Authority Rolling Stock in Public Law 108–7 that 

remain unobligated, and funds made available for the 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. 

424 

SEC. 177. Notwithstanding 49 U.S.C. 5336, any funds remaining available under Federal Transit Administration grant numbers 

NY–03–345–00, NY–03–0325–00, NY–03–0405, NY–90–X398–00, 

NY–90–X373–00; NY–90–X418–00, NY–90–X465–00 together with 

an amount not to exceed $19,200,000 in urbanized area formula 

funds that were allocated by the New York Metropolitan Transportation Council to the New York City Department of Transportation 

as a designated recipient under 49 U.S.C. 5307 may be made available to the New York Metropolitan Transportation Authority for eligible capital projects authorized under 49 U.S.C. 5307 and 5309 

subject to the agreements, obligations, and responsibilities as set 

forth in the contracts of assistance applicable to these grants. 

SEC. 178. Hereafter, fixed guideway extensions and new segments included in Metropolitan Transit Authority of Harris County, 

Texas, Resolutions 2003–77 and 2003–93, and approved by the voters on November 4, 2003, shall be considered as the preferred alternatives for purposes of 49 USC 5309(e)(1)(A), 23 CFR 771.123, and 

49 CFR 611.7. 

SEC. 179. Of the funds made available under the heading ‘‘Federal Transit Administration—Discretionary Grants’’ in Public Laws 

102–388 and 103–122 for the Hawthorne-Warwick Commuter Rail 

Project, $4,000,000 shall be available for the Scranton, Pennsylvania, NY City Rail Service Fixed Guideway Project to be carried 

out in accordance with 49 U.S.C. 5309, $1,100,000 shall be made 

available to study the feasibility of utilizing diesel multiple unit 

rolling stock on MOS–3 of the Hudson Bergen Light Rail Transit 

System to be carried out in accordance with 49 U.S.C. 5309, and 

$6,000,000 shall be transferred to the Federal Railroad Administration and made available for the New York and Susquehanna and 

Western Rail Road Diesel Multiple Unit Compliance and Demonstration Project to be carried out under terms and conditions as 

determined by the Secretary: Provided, That the Federal share shall 

be 80 percent of the net project cost of that demonstration project 

and funds for that project shall remain available until expended. 

SAINT LAWRENCE SEAWAY DEVELOPMENT CORPORATION

The Saint Lawrence Seaway Development Corporation is hereby 

authorized to make such expenditures, within the limits of funds 

and borrowing authority available to the Corporation, and in accord with law, and to make such contracts and commitments without regard to fiscal year limitations as provided by section 104 of 

the Government Corporation Control Act, as amended, as may be 

necessary in carrying out the programs set forth in the Corporation’s 

budget for the current fiscal year. 

OPERATIONS AND MAINTENANCE

(HARBOR MAINTENANCE TRUST FUND)

For necessary expenses for operations and maintenance of those 

portions of the Saint Lawrence Seaway operated and maintained by 

the Saint Lawrence Seaway Development Corporation, $15,900,000, 

to be derived from the Harbor Maintenance Trust Fund, pursuant 

to Public Law 99–662: Provided, That, of this amount, $1,500,000 

shall be for the concrete replacement project and related expenses at 

the Eisenhower and Snell Locks. 

425 

MARITIME ADMINISTRATION

MARITIME SECURITY PROGRAM

For necessary expenses to maintain and preserve a U.S.-flag 

merchant fleet to serve the national security needs of the United 

States, $98,700,000, to remain available until expended. 

OPERATIONS AND TRAINING

For necessary expenses of operations and training activities authorized by law, $109,478,000, of which $23,753,000 shall remain 

available until September 30, 2005, for salaries and benefits of employees of the United States Merchant Marine Academy; of which 

$13,138,000 shall remain available until expended for capital improvements at the United States Merchant Marine Academy; and of 

which $8,090,000 shall remain available until expended for the 

State Maritime Schools Schoolship Maintenance and Repair. 

SHIP DISPOSAL

For necessary expenses related to the disposal of obsolete vessels 

in the National Defense Reserve Fleet of the Maritime Administration, $21,616,000, to remain available until expended. 

MARITIME GUARANTEED LOAN (TITLE XI) PROGRAM ACCOUNT

(INCLUDING TRANSFER OF FUNDS)

For administrative expenses to carry out the guaranteed loan 

program, not to exceed $4,764,000, which shall be transferred to 

and merged with the appropriation for Operations and Training: 

Provided, That of the $25,000,000 authorized for the cost of guaranteed loans in Chapter 10 of Public Law 108–11, Making Emergency 

Wartime Supplemental Appropriations for the Fiscal Year 2003, 

and for Other Purposes, available until September 30, 2005, and 

pursuant to the Department of Transportation Inspector General report CR–2004–095 certifying that the recommendations of report 

CR–2003–031 have been implemented to the Inspector General’s satisfaction, up to $2,000,000 shall be used by the Department of 

Transportation to develop a comprehensive computer based financial monitoring system. 

NATIONAL DEFENSE TANK VESSEL CONSTRUCTION PROGRAM

For necessary expenses to carry out the program of financial assistance for the construction of new product tank vessels as authorized by section 53101 of title 46, United States Code, as amended, 

$75,000,000, to remain available until expended. 

SHIP CONSTRUCTION

(RESCISSION)

Of the unobligated balances available under this heading, 

$1,979,000 are rescinded. 

GENERAL PROVISIONS—MARITIME ADMINISTRATION

SEC. 180. Notwithstanding any other provision of this Act, the 

Maritime Administration is authorized to furnish utilities and servVerDate Aug 04 2004 07:33 Dec 01, 2004 Jkt 096906 PO 00000 Frm 00429 Fmt 6659 Sfmt 6603 E:\HR\OC\HR792.XXX HR792
426 

ices and make necessary repairs in connection with any lease, contract, or occupancy involving Government property under control of 

the Maritime Administration, and payments received therefore shall 

be credited to the appropriation charged with the cost thereof: Provided, That rental payments under any such lease, contract, or occupancy for items other than such utilities, services, or repairs shall 

be covered into the Treasury as miscellaneous receipts. 

SEC. 181. No obligations shall be incurred during the current 

fiscal year from the construction fund established by the Merchant 

Marine Act, 1936, or otherwise, in excess of the appropriations and 

limitations contained in this Act or in any prior appropriations Act. 

RESEARCH AND SPECIAL PROGRAMS ADMINISTRATION

RESEARCH AND SPECIAL PROGRAMS

For expenses necessary to discharge the functions of the Re- search 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 

427 

for obligation by individuals other than the Secretary of Transportation, or his designee. 

OFFICE OF INSPECTOR GENERAL

SALARIES AND EXPENSES

For necessary expenses of the Office of Inspector General to 

carry out the provisions of the Inspector General Act of 1978, as 

amended, $59,000,000: Provided, That the Inspector General shall 

have all necessary authority, in carrying out the duties specified in 

the Inspector General Act, as amended (5 U.S.C. App. 3) to investigate allegations of fraud, including false statements to the government (18 U.S.C. 1001), by any person or entity that is subject to regulation by the Department: Provided further, That the funds made 

available under this heading shall be used to investigate, pursuant 

to section 41712 of title 49, United States Code: (1) unfair or deceptive practices and unfair methods of competition by domestic and 

foreign air carriers and ticket agents; and (2) the compliance of domestic and foreign air carriers with respect to item (1) of this proviso. 

SURFACE TRANSPORTATION BOARD

SALARIES AND EXPENSES

For necessary expenses of the Surface Transportation Board, in- cluding services authorized by 5 U.S.C. 3109, $21,250,000: Provided, That notwithstanding any other provision of law, not to exceed $1,050,000 from fees established by the Chairman of the Surface Transportation Board shall be credited to this appropriation as 

offsetting collections and used for necessary and authorized expenses 

under this heading: Provided further, That the sum herein appropriated from the general fund shall be reduced on a dollar-for-dollar basis as such offsetting collections are received during fiscal 

year 2005, to result in a final appropriation from the general fund 

estimated at no more than $20,200,000. 

GENERAL PROVISIONS—DEPARTMENT OF TRANSPORTATION

(INCLUDING TRANSFERS OF FUNDS)

SEC. 185. During the current fiscal year applicable appropriations to the Department of Transportation shall be available for 

maintenance and operation of aircraft; hire of passenger motor vehicles and aircraft; purchase of liability insurance for motor vehicles 

operating in foreign countries on official department business; and 

uniforms or allowances therefor, as authorized by law (5 U.S.C. 

5901–5902). 

SEC. 186. Appropriations contained in this Act for the Department of Transportation shall be available for services as authorized 

by 5 U.S.C. 3109, but at rates for individuals not to exceed the per 

diem rate equivalent to the rate for an Executive Level IV. 

SEC. 187. None of the funds in this Act shall be available for 

salaries and expenses of more than 106 political and Presidential 

appointees in the Department of Transportation: Provided, That 

none of the personnel covered by this provision may be assigned on 

temporary detail outside the Department of Transportation. 

428 

SEC. 188. None of the funds in this Act shall be used to implement section 404 of title 23, United States Code. 

SEC. 189. (a) No recipient of funds made available in this Act 

shall disseminate personal information (as defined in 18 U.S.C. 

2725(3)) obtained by a State department of motor vehicles in connection with a motor vehicle record as defined in 18 U.S.C. 2725(1), except as provided in 18 U.S.C. 2721 for a use permitted under 18 

U.S.C. 2721. 

(b) Notwithstanding subsection (a), the Secretary shall not 

withhold funds provided in this Act for any grantee if a State is in 

noncompliance with this provision. 

SEC. 190. Funds received by the Federal Highway Administration, Federal Transit Administration, and Federal Railroad Administration from States, counties, municipalities, other public authorities, and private sources for expenses incurred for training may be 

credited respectively to the Federal Highway Administration’s ‘‘Federal-Aid Highways’’ account, the Federal Transit Administration’s 

‘‘Transit Planning and Research’’ account, and to the Federal Railroad Administration’s ‘‘Safety and Operations’’ account, except for 

State rail safety inspectors participating in training pursuant to 49 

U.S.C. 20105. 

SEC. 191. Notwithstanding any other provisions of law, rule or 

regulation, the Secretary of Transportation is authorized to allow 

the issuer of any preferred stock heretofore sold to the Department 

to redeem or repurchase such stock upon the payment to the Department of an amount determined by the Secretary. 

SEC. 192. None of the funds in this Act to the Department of 

Transportation may be used to make a grant unless the Secretary 

of Transportation notifies the House and Senate Committees on Appropriations not less than 3 full business days before any discretionary grant award, letter of intent, or full funding grant agreement totaling $1,000,000 or more is announced by the department 

or its modal administrations from: (1) any discretionary grant program of the Federal Highway Administration other than the emergency relief program; (2) the airport improvement program of the 

Federal Aviation Administration; or (3) any program of the Federal 

Transit Administration other than the formula grants and fixed 

guideway modernization programs: Provided, That no notification 

shall involve funds that are not available for obligation. 

SEC. 193. Rebates, refunds, incentive payments, minor fees and 

other funds received by the Department of Transportation from travel management centers, charge card programs, the subleasing of 

building space, and miscellaneous sources are to be credited to appropriations of the Department of Transportation and allocated to 

elements of the Department of Transportation using fair and equitable criteria and such funds shall be available until expended. 

SEC. 194. Amounts made available in this or any other Act that 

the Secretary determines represent improper payments by the Department of Transportation to a third party contractor under a financial assistance award, which are recovered pursuant to law, 

shall be available— 

(1) to reimburse the actual expenses incurred by the Department of Transportation in recovering improper payments; and 

429 

(2) to pay contractors for services provided in recovering 

improper payments: Provided, That amounts in excess of that 

required for paragraphs (1) and (2)— 

(A) shall be credited to and merged with the appropriation from which the improper payments were made, and 

shall be available for the purposes and period for which 

such appropriations are available; or 

(B) if no such appropriation remains available, shall 

be deposited in the Treasury as miscellaneous receipts: Provided, That prior to the transfer of any such recovery to an 

appropriations account, the Secretary shall notify the 

House and Senate Committees on Appropriations of the 

amount and reasons for such transfer: Provided further, 

That for purposes of this section, the term ‘‘improper payments’’, has the same meaning as that provided in section 

2(d)(2) of Public Law 107–300. 

SEC. 195. The Secretary of Transportation is authorized to 

transfer the unexpended balances available for the bonding assistance program from ‘‘Office of the Secretary, Salaries and expenses’’ 

to ‘‘Minority Business Outreach’’. 

SEC. 196. None of the funds made available in this Act to the 

Department of Transportation may be obligated for the Office of the 

Secretary of Transportation to approve assessments or reimbursable 

agreements pertaining to funds appropriated to the modal administrations in this Act, except for activities underway on the date of enactment of this Act, unless such assessments or agreements have 

completed the normal reprogramming process for Congressional notification. 

SEC. 197. Funds provided in this Act for the Working Capital 

Fund shall be reduced by $20,844,000, which limits fiscal year 2005 

Working Capital Fund obligational authority for elements of the Department of Transportation funded in this Act to no more than 

$130,210,000: Provided, That such reductions from the budget request shall be allocated by the Department of Transportation to 

each appropriations account in proportion to the amount included 

in each account for the Working Capital Fund. 

SEC. 198. For the purpose of any applicable law, for fiscal years 

2004 and 2005, the city of Norman, Oklahoma, shall be considered 

to be part of the Oklahoma City urbanized area. 

SEC. 199. Section 41716(b) of title 49, United States Code, is 

amended by adding before the period at the end the following: ‘‘; except that the Secretary may grant not to exceed 4 additional slot exemptions at LaGuardia Airport to an incumbent air carrier operating at least 20 but not more than 28 slots at such airport as of 

October 1, 2004, to provide air transportation between LaGuardia 

Airport and a small hub airport or nonhub airport’’. 

430 

TITLE II 

DEPARTMENT OF THE TREASURY 

DEPARTMENTAL OFFICES

SALARIES AND EXPENSES

(INCLUDING TRANSFER OF FUNDS)

For necessary expenses of the Departmental Offices including 

operation and maintenance of the Treasury Building and Annex; 

hire of passenger motor vehicles; maintenance, repairs, and improvements of, and purchase of commercial insurance policies for, 

real properties leased or owned overseas, when necessary for the performance of official business, $157,559,000, of which not to exceed 

$7,274,000 for executive direction program activities; not to exceed 

$7,200,000 for general counsel program activities; not to exceed 

$31,657,000 for economic policies and programs activities; not to exceed $26,072,000 for financial policies and programs activities; not 

to exceed $10,633,000 for terrorism and financial intelligence policies and programs activities; not to exceed $16,760,000 for Treasurywide management policies and programs activities; not to exceed 

$57,963,000 for administration programs activities: Provided, That 

the Secretary of the Treasury is authorized to transfer funds appropriated for any program activity of the Departmental Offices to any 

other program activity of the Departmental Offices upon notification 

to the House and Senate Committees on Appropriations: Provided 

further, That no appropriation for any program activity shall be increased or decreased by more than 2.5 percent by all such transfers: 

Provided further, That any change in funding greater than 2.5 percent shall be submitted for approval to the House and Senate Committees on Appropriations: Provided further, That the funds identified within the administration program activity to support the Office of Foreign Assets Control shall be transferred to ‘‘Office of Foreign Assets Control’’: Provided further, That this transfer authority 

shall be in addition to any other provided in this Act: Provided further, That of the amount appropriated under this heading, not to 

exceed $3,000,000, to remain available until September 30, 2006, for 

information technology modernization requirements; not to exceed 

$100,000 for official reception and representation expenses; and not 

to exceed $258,000 for unforeseen emergencies of a confidential nature, to be allocated and expended under the direction of the Secretary of the Treasury and to be accounted for solely on his certificate: Provided further, That of the amount appropriated under this 

heading, $3,393,000, to remain available until September 30, 2006, 

is for the Treasury-wide Financial Statement Audit Program, of 

which such amounts as may be necessary may be transferred to accounts of the Department’s offices and bureaus to conduct audits: 

Provided further, That this transfer authority shall be in addition 

to any other provided in this Act. 

431 

OFFICE OF FOREIGN ASSETS CONTROL

SALARIES AND EXPENSES

For necessary expenses of the Office of Foreign Assets Control, 

$22,291,000: Provided, That the funding available shall support no 

less than 138 full time equivalent positions. 

DEPARTMENT-WIDE SYSTEMS AND CAPITAL INVESTMENTS PROGRAMS

(INCLUDING TRANSFER OF FUNDS)

For development and acquisition of automatic data processing 

equipment, software, and services for the Department of the Treasury, $32,260,000, to remain available until September 30, 2007: 

Provided, That these funds shall be transferred to accounts and in 

amounts as necessary to satisfy the requirements of the Department’s offices, bureaus, and other organizations: Provided further, 

That this transfer authority shall be in addition to any other transfer authority provided in this Act: Provided further, That none of 

the funds appropriated shall be used to support or supplement ‘‘Internal Revenue Service, Information Systems’’ or ‘‘Internal Revenue 

Service, Business Systems Modernization’’. 

OFFICE OF INSPECTOR GENERAL

SALARIES AND EXPENSES

For necessary expenses of the Office of Inspector General in carrying out the provisions of the Inspector General Act of 1978, as 

amended, not to exceed $2,000,000 for official travel expenses, including hire of passenger motor vehicles; and not to exceed $100,000 

for unforeseen emergencies of a confidential nature, to be allocated 

and expended under the direction of the Inspector General of the 

Treasury, $16,500,000, of which not to exceed $2,500 shall be available for official reception and representation expenses. 

TREASURY INSPECTOR GENERAL FOR TAX ADMINISTRATION

SALARIES AND EXPENSES

For necessary expenses of the Treasury Inspector General for 

Tax Administration in carrying out the Inspector General Act of 

1978, as amended, including purchase (not to exceed 150 for replacement only for police-type use) and hire of passenger motor vehicles (31 U.S.C. 1343(b)); services authorized by 5 U.S.C. 3109, at 

such rates as may be determined by the Inspector General for Tax 

Administration; not to exceed $6,000,000 for official travel expenses; 

and not to exceed $500,000 for unforeseen emergencies of a confidential nature, to be allocated and expended under the direction of the 

Inspector General for Tax Administration, $129,126,000; and of 

which not to exceed $1,500 shall be available for official reception 

and representation expenses. 

AIR TRANSPORTATION STABILIZATION PROGRAM ACCOUNT

For necessary expenses to administer the Air Transportation 

Stabilization Board established by section 102 of the Air Transportation Safety and System Stabilization Act (Public Law 107–42), 

$2,000,000, to remain available until expended. 

432 

TREASURY BUILDING AND ANNEX REPAIR AND RESTORATION

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

EXPANDED ACCESS TO FINANCIAL SERVICES

(RESCISSION)

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

VIOLENT CRIME REDUCTION PROGRAM

(RESCISSION)

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

FINANCIAL CRIMES ENFORCEMENT NETWORK

SALARIES AND EXPENSES

For necessary expenses of the Financial Crimes Enforcement 

Network, including hire of passenger motor vehicles; travel expenses 

of non-Federal law enforcement personnel to attend meetings concerned with financial intelligence activities, law enforcement, and financial regulation; not to exceed $14,000 for official reception and 

representation expenses; and for assistance to Federal law enforcement agencies, with or without reimbursement, $72,502,000, of 

which $7,500,000 shall be available for BSA Direct; of which not to 

exceed $7,000,000 shall remain available until September 30, 2007; 

and of which $8,354,000 shall remain available until September 30, 

2006: Provided, That funds appropriated in this account may be 

used to procure personal services contracts: Provided further, That 

up to $350,000 of the funds under this heading may be available 

for planning, sponsoring, administering, receiving, and such other 

expenses as the Director deems necessary, including reception and 

representation expenses, to host the 2005 Annual Plenary of the 

Egmont Group. 

FINANCIAL MANAGEMENT SERVICE

SALARIES AND EXPENSES

For necessary expenses of the Financial Management Service, 

$230,930,000, of which not to exceed $9,220,000 shall remain available until September 30, 2007, for information systems modernization initiatives; and of which not to exceed $2,500 shall be available 

for official reception and representation expenses. 

ALCOHOL AND TOBACCO TAX AND TRADE BUREAU

SALARIES AND EXPENSES

For necessary expenses of carrying out section 1111 of the 

Homeland Security Act of 2002, including hire of passenger motor 

vehicles, $83,000,000; of which not to exceed $6,000 for official reception and representation expenses; not to exceed $50,000 for cooperative research and development programs for laboratory services; 

433 

and provision of laboratory assistance to State and local agencies 

with or without reimbursement. 

UNITED STATES MINT

UNITED STATES MINT PUBLIC ENTERPRISE FUND

Pursuant to section 5136 of title 31, United States Code, the 

United States Mint is provided funding through the United States 

Mint Public Enterprise Fund for costs associated with the production of circulating coins, numismatic coins, and protective services, 

including both operating expenses and capital investments. The aggregate amount of new liabilities and obligations incurred during 

fiscal year 2005 under such section 5136 for circulating coinage and 

protective service capital investments of the United States Mint 

shall not exceed $24,000,000. 

BUREAU OF THE PUBLIC DEBT

ADMINISTERING THE PUBLIC DEBT

For necessary expenses connected with any public-debt issues of 

the United States, $179,566,000, of which not to exceed $2,500 shall 

be available for official reception and representation expenses, and 

of which not to exceed $2,000,000 shall remain available until expended for systems modernization: Provided, That the sum appropriated herein from the General Fund for fiscal year 2005 shall be 

reduced by not more than $4,400,000 as definitive security issue fees 

and Treasury Direct Investor Account Maintenance fees are collected, so as to result in a final fiscal year 2005 appropriation from 

the general fund estimated at $175,166,000. In addition, $60,000 to 

be derived from the Oil Spill Liability Trust Fund to reimburse the 

Bureau for administrative and personnel expenses for financial 

management of the Fund, as authorized by section 1012 of Public 

Law 101–380. 

INTERNAL REVENUE SERVICE

PROCESSING, ASSISTANCE, AND MANAGEMENT

For necessary expenses of the Internal Revenue Service for prefiling 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 

434 

through prompt identification, referral and settlement; expanded 

customer service and public outreach programs, strengthened enforcement activities, and enhanced research efforts to reduce erroneous filings associated with the earned income tax credit; compiling statistics of income and conducting compliance research; purchase (for police-type use, not to exceed 850) and hire of passenger 

motor vehicles (31 U.S.C. 1343(b)); and services as authorized by 5 

U.S.C. 3109, at such rates as may be determined by the Commissioner, $4,398,729,000, of which not to exceed $1,000,000 shall remain available until September 30, 2007, for research: Provided, 

That up to $10,000,000 may be transferred as necessary from this 

account to the IRS Processing, Assistance, and Management appropriation or the IRS Information Systems appropriation solely for the 

purposes of management of the Earned Income Tax Credit compliance program and to reimburse the Social Security Administration 

for the cost of implementing section 1090 of the Taxpayer Relief Act 

of 1997 (Public Law 105–33): Provided further, That this transfer 

authority shall be in addition to any other transfer authority provided in this Act. 

INFORMATION SYSTEMS

For necessary expenses of the Internal Revenue Service for information systems and telecommunications support, including developmental information systems and operational information systems; 

the hire of passenger motor vehicles (31 U.S.C. 1343(b)); and services as authorized by 5 U.S.C. 3109, at such rates as may be determined by the Commissioner, $1,590,492,000, of which $200,000,000 

shall remain available until September 30, 2006. 

BUSINESS SYSTEMS MODERNIZATION

For necessary expenses of the Internal Revenue Service, 

$205,000,000, to remain available until September 30, 2007, for the 

capital asset acquisition of information technology systems, including management and related contractual costs of said acquisitions, 

including contractual costs associated with operations authorized by 

5 U.S.C. 3109: Provided, That none of these funds may be obligated 

until the Internal Revenue Service submits to the Committees on 

Appropriations, and such Committees approve, a plan for expenditure that: (1) meets the capital planning and investment control review requirements established by the Office of Management and 

Budget, including Circular A–11 part 3; (2) complies with the Internal Revenue Service’s enterprise architecture, including the modernization blueprint; (3) conforms with the Internal Revenue Service’s enterprise life cycle methodology; (4) is approved by the Internal Revenue Service, the Department of the Treasury, and the Office 

of Management and Budget; (5) has been reviewed by the Government Accountability Office; and (6) complies with the acquisition 

rules, requirements, guidelines, and systems acquisition management practices of the Federal Government. 

HEALTH INSURANCE TAX CREDIT ADMINISTRATION

For expenses necessary to implement the health insurance tax 

credit included in the Trade Act of 2002 (Public Law 107–210), 

$34,841,000. 

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GENERAL PROVISIONS—INTERNAL REVENUE SERVICE

SEC. 201. Not to exceed 5 percent of any appropriation made 

available in this Act to the Internal Revenue Service or not to exceed 

3 percent of appropriations under the heading ‘‘Tax Law Enforcement’’ may be transferred to any other Internal Revenue Service appropriation upon the advance approval of the Committees on Appropriations. 

SEC. 202. The Internal Revenue Service shall maintain a training program to ensure that Internal Revenue Service employees are 

trained in taxpayers’ rights, in dealing courteously with the taxpayers, and in cross-cultural relations. 

SEC. 203. The Internal Revenue Service shall institute and enforce policies and procedures that will safeguard the confidentiality 

of taxpayer information. 

SEC. 204. Funds made available by this or any other Act to the 

Internal Revenue Service shall be available for improved facilities 

and increased manpower to provide sufficient and effective 1–800 

help line service for taxpayers. The Commissioner shall continue to 

make the improvement of the Internal Revenue Service 1–800 help 

line service a priority and allocate resources necessary to increase 

phone lines and staff to improve the Internal Revenue Service 1–800 

help line service. 

GENERAL PROVISIONS—DEPARTMENT OF THE TREASURY

SEC. 210. Appropriations to the Department of the Treasury in 

this Act shall be available for uniforms or allowances therefor, as 

authorized by law (5 U.S.C. 5901), including maintenance, repairs, 

and cleaning; purchase of insurance for official motor vehicles operated in foreign countries; purchase of motor vehicles without regard 

to the general purchase price limitations for vehicles purchased and 

used overseas for the current fiscal year; entering into contracts with 

the Department of State for the furnishing of health and medical 

services to employees and their dependents serving in foreign countries; and services authorized by 5 U.S.C. 3109. 

SEC. 211. Not to exceed 2 percent of any appropriations in this 

Act made available to the Departmental Offices—Salaries and Expenses, Office of Inspector General, Financial Management Service, 

Alcohol and Tobacco Tax and Trade Bureau, Financial Crimes Enforcement Network, and Bureau of the Public Debt, may be transferred between such appropriations upon the advance approval of 

the Committees on Appropriations: Provided, That no transfer may 

increase or decrease any such appropriation by more than 2 percent. 

SEC. 212. Not to exceed 2 percent of any appropriation made 

available in this Act to the Internal Revenue Service may be transferred to the Treasury Inspector General for Tax Administration’s 

appropriation upon the advance approval of the Committees on Appropriations: Provided, That no transfer may increase or decrease 

any such appropriation by more than 2 percent. 

SEC. 213. Of the funds available for the purchase of law enforcement vehicles, no funds may be obligated until the Secretary of 

the Treasury certifies that the purchase by the respective Treasury 

bureau is consistent with Departmental vehicle management principles: Provided, That the Secretary may delegate this authority to 

the Assistant Secretary for Management. 

436 

SEC. 214. None of the funds appropriated in this Act or otherwise available to the Department of the Treasury or the Bureau of 

Engraving and Printing may be used to redesign the $1 Federal Reserve note. 

SEC. 215. The Secretary of the Treasury may transfer funds 

from ‘‘Financial management service, salaries and expenses’’ to 

‘‘Debt services’’ as necessary to cover the costs of debt collection: Provided, That such amounts shall be reimbursed to such salaries and 

expenses account from debt collections received in the Debt Services 

Account. 

SEC. 216. Section 122(g)(1) of Public Law 105–119 (5 U.S.C. 

3104 note), is further amended by striking ‘‘6 years’’ and inserting 

‘‘7 years’’. 

SEC. 217. None of the funds appropriated or otherwise made 

available by this or any other Act may be used by the United States 

Mint to construct or operate any museum without the explicit approval of the House Committee on Financial Services and the Senate Committee on Banking, Housing, and Urban Affairs. 

SEC. 218. None of the funds appropriated or otherwise made 

available by this or any other Act or source to the Department of 

the Treasury, the Bureau of Engraving and Printing, and the 

United States Mint, individually or collectively, may be used to consolidate any or all functions of the Bureau of Engraving and Printing and the United States Mint without the explicit approval of the 

House Committee on Financial Services; the Senate Committee on 

Banking, Housing, and Urban Affairs; the House Committee on Appropriations; and the Senate Committee on Appropriations. 

SEC. 219. Section 101(f) of the Treasury Department Appropriations Act, 1997 (division A of Public Law 104–208), as amended, is 

further amended by striking ‘‘hereby’’ and ‘‘until October 1, 2004,’’ 

and inserting ‘‘Hereafter’’ before the phrase ‘‘there is established’’. 

SEC. 220. (a) Section 3333 of title 31, United States Code, is 

amended as follows: 

(1) By revising paragraph (a)(1) to read as follows: 

‘‘(a)(1) The Secretary of the Treasury is not liable for a payment 

made by the Secretary or depositary in due course and without negligence, of— 

‘‘(A) a check, draft, or warrant drawn on the Treasury or 

the depositary; 

‘‘(B) an electronic payment issued by the Treasury or the 

depositary; and 

‘‘(C) a debt obligation guaranteed or assumed by the United 

States Government.’’; 

(2) By inserting after paragraph (a)(2) the following new paragraph: 

‘‘(3) The amount of the relief shall be charged to the Check Forgery Insurance Fund (31 U.S.C. 3343). A recovery or repayment of 

a loss for which replacement is made out of the fund shall be credited to the fund and is available for the purposes for which the fund 

was established.’’. 

(b) The Check Forgery Insurance Fund (31 U.S.C. 3343) shall 

be available to fund amounts relating to the payment of items listed 

in 31 U.S.C. 3333(a)(1), as amended above, prior to the enactment 

of this Act. 

437 

SEC. 221. Not later than 60 days after enactment of this Act, 

the Secretary of the Treasury shall submit to the Committees on Appropriations a report describing how statutory provisions addressing currency manipulation by America’s trading partners contained 

in, and relating to, Title 22 U.S.C. 5304, 5305, and 286y can be better clarified administratively to provide for improved and more predictable evaluation, and to enable the problem of currency manipulation to be better understood by the American people and the Congress. 

SEC. 222. Hereafter, notwithstanding any other provision of law 

governing the disclosure of income tax returns or return information, upon written request of the Chairman of the House or Senate 

Committee on Appropriations, the Commissioner of the Internal 

Revenue Service shall allow agents designated by such Chairman 

access to Internal Revenue Service facilities and any tax returns or 

return information contained therein. 

SEC. 223. TERRORISM AND FINANCIAL INTELLIGENCE. (a) IN

GENERAL.—Subchapter I of chapter 3 of title 31, United States 

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

‘‘§ 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— 

438 

‘‘(A) implementation of titles I and II of the Bank Secrecy Act; 

‘‘(B) United States economic sanctions programs; 

‘‘(C) combating terrorist financing; 

‘‘(D) combating financial crimes, including money 

laundering, counterfeiting, and other offenses threatening 

the integrity of the banking and financial systems; 

‘‘(E) other enforcement matters; 

‘‘(F) those intelligence analysis and coordination functions described in subsection (b); and 

‘‘(G) the security functions and programs of the Department of the Treasury. 

‘‘(5) REPORTS TO CONGRESS ON PROPOSED MEASURES.—The 

Undersecretary for Terrorism and Financial Crimes and the Assistant Secretary for Terrorist Financing shall report to the 

Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Financial Services of the House of 

Representatives not later than 72 hours after proposing by rule, 

regulation, order, or otherwise, any measure to reorganize the 

structure of the Department for combatting money laundering 

and terrorist financing, before any such proposal becomes effective. 

‘‘(6) OTHER OFFICES WITHIN OTFI.—Notwithstanding any 

other provision of law, the following offices of the Department 

of the Treasury shall be within the OTFI: 

‘‘(A) The Office of the Assistant Secretary for Intelligence and Analysis, which shall report directly to the Undersecretary for Terrorism and Financial Crimes. 

‘‘(B) The Office of the Assistant Secretary for Terrorist 

Financing, which shall report directly to the Undersecretary for Terrorism and Financial Crimes. 

‘‘(C) The Office of Foreign Assets Control (in this section referred to as the ‘OFAC’), which shall report directly 

to the Undersecretary for Terrorism and Financial Crimes. 

‘‘(D) The Executive Office for Asset Forfeiture, which 

shall report to the Undersecretary for Terrorism and Financial Crimes. 

‘‘(E) The Office of Intelligence and Analysis (in this section referred to as the ‘OIA’), which shall report to the Assistant Secretary for Intelligence and Analysis. 

‘‘(F) The Office of Terrorist Financing, which shall report to the Assistant Secretary for Terrorist Financing. 

‘‘(7) FINCEN.— 

‘‘(A) REPORTING TO UNDERSECRETARY.—The Financial 

Crimes Enforcement Network (in this section referred to as 

‘FinCEN’), a bureau of the Department of the Treasury, 

shall report to the Undersecretary for Terrorism and Financial Crimes. The Undersecretary for Terrorism and Financial Crimes may not redelegate its reporting authority over 

FinCEN. 

‘‘(B) OFFICE OF COMPLIANCE.—There is established 

within FinCEN, an Office of Compliance. 

‘‘(b) OFFICE OF INTELLIGENCE AND ANALYSIS.— 

439 

‘‘(1) ASSISTANT SECRETARY FOR INTELLIGENCE AND ANAL- YSIS.—The Assistant Secretary for Intelligence and Analysis 

shall head the OIA. 

‘‘(2) RESPONSIBILITIES.—The OIA shall be responsible for 

the receipt, analysis, collation, and dissemination of intelligence 

and counterintelligence information related to the operations 

and responsibilities of the entire Department of the Treasury, 

including all components and bureaus of the Department. 

‘‘(3) PRIMARY FUNCTIONS.—The primary functions of the 

OIA are— 

‘‘(A) to build a robust analytical capability on terrorist 

finance by coordinating and overseeing work involving intelligence analysts in all components of the Department of 

the Treasury, focusing on the highest priorities of the Department, as well as ensuring that the existing intelligence 

needs of the OFAC and FinCEN are met; and 

‘‘(B) to provide intelligence support to senior officials of 

the Department on a wide range of international economic 

and other relevant issues. 

‘‘(4) OTHER FUNCTIONS AND DUTIES.—The OIA shall— 

‘‘(A) carry out the intelligence support functions that 

are assigned, to the Office of Intelligence Support under 

section 311 (pursuant to section 105 of the Intelligence Authorization Act for Fiscal Year 2004); 

‘‘(B) serve in a liaison capacity with the intelligence 

community; and 

‘‘(C) represent the Department in various intelligence 

related activities. 

‘‘(5) DUTIES OF THE ASSISTANT SECRETARY.—The Assistant 

Secretary for Intelligence and Analysis shall serve as the Senior 

Officer Intelligence Community, and shall represent the Department in intelligence community fora, including the National 

Foreign Intelligence Board committees and the Intelligence 

Community Management Staff. 

‘‘(c) DELEGATION.—To the extent that any authorities, powers, 

and responsibilities over enforcement matters delegated to the Undersecretary for Terrorism and Financial Crimes, or the positions of 

Assistant Secretary for Terrorism and Financial Crimes, Assistant 

Secretary for Enforcement and Operations, or Deputy Assistant Secretary for Terrorist Financing and Financial Crimes, have not been 

transferred to the Department of Homeland Security, the Department of Justice, or the Assistant Secretary for Tax Policy (related 

to the customs revenue functions of the Bureau of Alcohol and Tobacco Tax and Trade), those remaining authorities, powers, and responsibilities are delegated to the Undersecretary for Terrorism and 

Financial Crimes. 

‘‘(d) DESIGNATION AS ENFORCEMENT ORGANIZATION.—The Office of Terrorism and Financial Intelligence (including any components thereof) is designated as a law enforcement organization of 

the Department of the Treasury for purposes of section 9703 of title 

31, United States Code, and other relevant authorities. 

‘‘(e) USE OF EXISTING RESOURCES.—The Secretary may employ 

personnel, facilities, and other Department of the Treasury resources 

available to the Secretary on the date of enactment of this section 

in carrying out this section, except as otherwise prohibited by law. 

440 

‘‘(f) REFERENCES.—References in this section to the ‘Secretary’, 

‘Undersecretary’, ‘Deputy Secretary’, ‘Deputy Assistant Secretary’, 

‘Office’, ‘Assistant Secretary’, and ‘Department’ are references to positions and offices of the Department of the Treasury, unless otherwise specified.’’. 

(b) CONFORMING AMENDMENTS.— (1) TITLE 31.—Section 311 of title 31, United States Code, 

is amended— 

(A) in subsection (a)— 

(i) by redesignating paragraphs (1) and (2) as 

paragraphs (2) and (3), respectively; and 

(ii) by inserting before paragraph (2), as so redesignated, the following: 

‘‘(1) be within the Office of Terrorism and Financial Intelligence;’’; and 

(B) in subsection (b), by striking ‘‘Enforcement’’ and inserting ‘‘Terrorism and Financial Crimes’’. 

(2) OTHER OFFICE ABOLISHED.—The Office of the Undersecretary for Enforcement of the Department of the Treasury, established in accordance with section 103 of the Treasury Department Appropriations Act, 1994 (Public Law 103-123) is 

abolished, and all rights, duties, and responsibilities of that office are transferred on the date of enactment of this Act to the 

Office of the Undersecretary for Terrorism and Financial 

Crimes of the Department of the Treasury in accordance with 

this section and the amendments made by this section, except 

as otherwise specifically provided in this section or the amendments made by this section, or other applicable law. 

TITLE III 

EXECUTIVE OFFICE OF THE PRESIDENT AND FUNDS 

APPROPRIATED TO THE PRESIDENT 

COMPENSATION OF THE PRESIDENT

For compensation of the President, including an expense 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 

441 

heading, up to $9,975,000 shall be available for reimbursements to 

the White House Communications Agency: Provided further, That of 

the funds appropriated under this heading, $2,475,000 shall be for 

the Homeland Security Council. 

EXECUTIVE RESIDENCE AT THE WHITE HOUSE

OPERATING EXPENSES

For the care, maintenance, repair and alteration, refurnishing, 

improvement, heating, and lighting, including electric power and 

fixtures, of the Executive Residence at the White House and official 

entertainment expenses of the President, $12,760,000, to be expended 

and accounted for as provided by 3 U.S.C. 105, 109, 110, and 112– 

114. 

REIMBURSABLE EXPENSES

For the reimbursable expenses of the Executive Residence at the 

White House, such sums as may be necessary: Provided, That all reimbursable operating expenses of the Executive Residence shall be 

made in accordance with the provisions of this paragraph: Provided 

further, That, notwithstanding any other provision of law, such 

amount for reimbursable operating expenses shall be the exclusive 

authority of the Executive Residence to incur obligations and to receive offsetting collections, for such expenses: Provided further, That 

the Executive Residence shall require each person sponsoring a reimbursable political event to pay in advance an amount equal to the 

estimated cost of the event, and all such advance payments shall be 

credited to this account and remain available until expended: Provided further, That the Executive Residence shall require the national committee of the political party of the President to maintain 

on deposit $25,000, to be separately accounted for and available for 

expenses relating to reimbursable political events sponsored by such 

committee during such fiscal year: Provided further, That the Executive Residence shall ensure that a written notice of any amount 

owed for a reimbursable operating expense under this paragraph is 

submitted to the person owing such amount within 60 days after 

such expense is incurred, and that such amount is collected within 

30 days after the submission of such notice: Provided further, That 

the Executive Residence shall charge interest and assess penalties 

and other charges on any such amount that is not reimbursed within such 30 days, in accordance with the interest and penalty provisions applicable to an outstanding debt on a United States Government claim under section 3717 of title 31, United States Code: Provided further, That each such amount that is reimbursed, and any 

accompanying interest and charges, shall be deposited in the Treasury as miscellaneous receipts: Provided further, That the Executive 

Residence shall prepare and submit to the Committees on Appropriations, by not later than 90 days after the end of the fiscal year 

covered by this Act, a report setting forth the reimbursable operating 

expenses of the Executive Residence during the preceding fiscal year, 

including the total amount of such expenses, the amount of such 

total that consists of reimbursable official and ceremonial events, 

the amount of such total that consists of reimbursable political 

events, and the portion of each such amount that has been reimbursed as of the date of the report: Provided further, That the ExecVerDate Aug 04 2004 07:33 Dec 01, 2004 Jkt 096906 PO 00000 Frm 00445 Fmt 6659 Sfmt 6603 E:\HR\OC\HR792.XXX HR792
442 

utive Residence shall maintain a system for the tracking of expenses 

related to reimbursable events within the Executive Residence that 

includes a standard for the classification of any such expense as political or nonpolitical: Provided further, That no provision of this 

paragraph may be construed to exempt the Executive Residence 

from any other applicable requirement of subchapter I or II of chapter 37 of title 31, United States Code. 

WHITE HOUSE REPAIR AND RESTORATION

For the repair, alteration, and improvement of the Executive 

Residence at the White House, $1,900,000, to remain available until 

expended, for required maintenance, safety and health issues, and 

continued preventative maintenance. 

COUNCIL OF ECONOMIC ADVISERS

SALARIES AND EXPENSES

For necessary expenses of the Council of Economic Advisers in 

carrying out its functions under the Employment Act of 1946 (15 

U.S.C. 1021), $4,040,000. 

OFFICE OF POLICY DEVELOPMENT

SALARIES AND EXPENSES

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

$2,300,000. 

NATIONAL SECURITY COUNCIL

SALARIES AND EXPENSES

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

OFFICE OF ADMINISTRATION

SALARIES AND EXPENSES

For necessary expenses of the Office of Administration, including services as authorized by 5 U.S.C. 3109 and 3 U.S.C. 107, and 

hire of passenger motor vehicles, $92,269,000, of which $12,075,000 

shall remain available until expended for the Capital Investment 

Plan for continued modernization of the information technology infrastructure within the Executive Office of the President: Provided, 

That $4,000,000 of Capital Investment Plan funds may not be obligated until the Executive Office of the President has submitted a report to the Committees on Appropriations that includes an Enterprise Architecture, as defined in OMB Circular A–130 and the Federal Chief Information Officers Council guidance, that is reviewed 

and approved by the Office of Management and Budget, reviewed by 

the U.S. Government Accountability Office, and approved by the 

Committees on Appropriations. 

443 

OFFICE OF MANAGEMENT AND BUDGET

SALARIES AND EXPENSES

For necessary expenses of the Office of Management and Budget, including hire of passenger motor vehicles and services as authorized by 5 U.S.C. 3109 and to carry out the provisions of chapter 

35 of title 44, United States Code, $68,411,000, of which not to exceed $1,500 shall be available for official representation expenses: 

Provided, That, as provided in 31 U.S.C. 1301(a), appropriations 

shall be applied only to the objects for which appropriations were 

made except as otherwise provided by law: Provided further, That 

none of the funds appropriated in this Act for the Office of Management and Budget may be used for the purpose of reviewing any agricultural marketing orders or any activities or regulations under 

the provisions of the Agricultural Marketing Agreement Act of 1937 

(7 U.S.C. 601 et seq.): Provided further, That none of the funds 

made available for the Office of Management and Budget by this 

Act may be expended for the altering of the transcript of actual testimony of witnesses, except for testimony of officials of the Office of 

Management and Budget, before the Committees on Appropriations 

or their subcommittees: Provided further, That the preceding shall 

not apply to printed hearings released by the Committees on Appropriations: Provided further, That none of the funds appropriated in 

this Act may be available to pay the salary or expenses of any employee of the Office of Management and Budget who calculates, prepares, or approves any tabular or other material that proposes the 

sub-allocation of budget authority or outlays by the Committees on 

Appropriations among their subcommittees: Provided further, That 

none of the funds provided in this or prior Acts shall be used, directly or indirectly, by the Office of Management and Budget, for 

evaluating or determining if water resource project or study reports 

submitted by the Chief of Engineers acting through the Secretary of 

the Army are in compliance with all applicable laws, regulations, 

and requirements relevant to the Civil Works water resource planning process: Provided further, That the Office of Management and 

Budget shall have not more than 60 days in which to perform budgetary policy reviews of water resource matters on which the Chief of 

Engineers has reported. The Director of the Office of Management 

and Budget shall notify the appropriate authorizing and Appropriations Committees when the 60-day review is initiated. If water resource reports have not been transmitted to the appropriate authorizing and appropriating committees within 15 days of the end of the 

OMB review period based on the notification from the Director, Congress shall assume OMB concurrence with the report and act accordingly. 

OFFICE OF NATIONAL DRUG CONTROL POLICY

SALARIES AND EXPENSES

For necessary expenses of the Office of National Drug Control 

Policy; for research activities pursuant to the Office of National 

Drug Control Policy Reauthorization Act of 1998 (21 U.S.C. 1701 et 

seq.); not to exceed $10,000 for official reception and representation 

expenses; and for participation in joint projects or in the provision 

of services on matters of mutual interest with nonprofit, research, or 

444 

public organizations or agencies, with or without reimbursement, 

$27,000,000; of which $1,350,000 shall remain available until expended for policy research and evaluation: Provided, That the Office 

is authorized to accept, hold, administer, and utilize gifts, both real 

and personal, public and private, without fiscal year limitation, for 

the purpose of aiding or facilitating the work of the Office. 

COUNTERDRUG TECHNOLOGY ASSESSMENT CENTER

(INCLUDING TRANSFER OF FUNDS)

For necessary expenses for the Counterdrug Technology Assessment Center for research activities pursuant to the Office of National Drug Control Policy Reauthorization Act of 1998 (21 U.S.C. 

1701 et seq.), $42,000,000, which shall remain available until expended, consisting of $18,000,000 for counternarcotics research and 

development projects, and $24,000,000 for the continued operation 

of the technology transfer program: Provided, That the $18,000,000 

for counternarcotics research and development projects shall be 

available for transfer to other Federal departments or agencies. 

FEDERAL DRUG CONTROL PROGRAMS

HIGH INTENSITY DRUG TRAFFICKING AREAS PROGRAM

(INCLUDING TRANSFER OF FUNDS)

For necessary expenses of the Office of National Drug Control 

Policy’s High Intensity Drug Trafficking Areas Program, 

$228,350,000, for drug control activities consistent with the approved strategy for each of the designated High Intensity Drug Trafficking Areas, of which no less than 51 percent shall be transferred 

to State and local entities for drug control activities, which shall be 

obligated within 120 days of the date of the enactment of this Act: 

Provided, That up to 49 percent, to remain available until September 30, 2006, may be transferred to Federal agencies and departments at a rate to be determined by the Director, of which not less 

than $2,000,000 shall be used for auditing services and associated 

activities, and at least $500,000 of the $2,000,000 shall be used to 

develop and implement a data collection system to measure the performance of the High Intensity Drug Trafficking Areas Program: 

Provided further, That High Intensity Drug Trafficking Areas Programs designated as of September 30, 2004, shall be funded at no 

less than the fiscal year 2004 initial allocation levels unless the Director submits to the Committees on Appropriations, and the Committees approve, justification for changes in those levels based on 

clearly articulated priorities for the High Intensity Drug Trafficking 

Areas Programs, as well as published Office of National Drug Control Policy performance measures of effectiveness: Provided further, 

That a request shall be submitted in compliance with the reprogramming guidelines to the Committees on Appropriations for 

approval prior to the obligation of funds of an amount in excess of 

the fiscal year 2005 budget request: Provided further, That not to 

exceed $2,000,000 of the funds made available under this heading 

in excess of the fiscal year 2005 budget request shall be available 

for the Consolidated Priority Organization Target program. 

445 

OTHER FEDERAL DRUG CONTROL PROGRAMS

(INCLUDING TRANSFER OF FUNDS)

For activities to support a national anti-drug campaign for 

youth, and for other purposes, authorized by the Office of National 

Drug Control Policy Reauthorization Act of 1998 (21 U.S.C. 1701 et 

seq.), $213,700,000, to remain available until expended, of which 

the following amounts are available as follows: $120,000,000 to support a national media campaign, as authorized by the Drug-Free 

Media Campaign Act of 1998; $80,000,000 to continue a program 

of matching grants to drug-free communities, of which $2,000,000 

shall be a directed grant to the Community Anti-Drug Coalitions of 

America for the National Community Anti-Drug Coalition Institute, 

as authorized in chapter 2 of the National Narcotics Leadership Act 

of 1988, as amended; $2,000,000 for the Counterdrug Intelligence 

Executive Secretariat; $750,000 for the National Drug Court Institute; $1,000,000 for the National Alliance for Model State Drug 

Laws; $7,500,000 for the United States Anti-Doping Agency for antidoping activities; $1,450,000 for the United States membership dues 

to the World Anti-Doping Agency; and $1,000,000 for evaluations 

and research related to National Drug Control Program performance measures: Provided, That such funds may be transferred to 

other Federal departments and agencies to carry out such activities: 

Provided further, That of the amounts appropriated for a national 

media campaign, not to exceed 10 percent shall be for administration, advertising production, research and testing, labor and related 

costs of the national media campaign. 

UNANTICIPATED NEEDS

For expenses necessary to enable the President to meet unanticipated needs, in furtherance of the national interest, security, or defense which may arise at home or abroad during the current fiscal 

year, as authorized by 3 U.S.C. 108, $1,000,000. 

SPECIAL ASSISTANCE TO THE PRESIDENT

SALARIES AND EXPENSES

For necessary expenses to enable the Vice President to provide 

assistance to the President in connection with specially assigned 

functions; services as authorized by 5 U.S.C. 3109 and 3 U.S.C. 

106, including subsistence expenses as authorized by 3 U.S.C. 106, 

which shall be expended and accounted for as provided in that section; and hire of passenger motor vehicles, $4,571,000. 

OFFICIAL RESIDENCE OF THE VICE PRESIDENT

OPERATING EXPENSES

(INCLUDING TRANSFER OF FUNDS)

For the care, operation, refurnishing, improvement, and to the 

extent not otherwise provided for, heating and lighting, including 

electric power and fixtures, of the official residence of the Vice President; the hire of passenger motor vehicles; and not to exceed $90,000 

for official entertainment expenses of the Vice President, to be accounted for solely on his certificate, $333,000: Provided, That adVerDate Aug 04 2004 07:33 Dec 01, 2004 Jkt 096906 PO 00000 Frm 00449 Fmt 6659 Sfmt 6603 E:\HR\OC\HR792.XXX HR792
446 

vances or repayments or transfers from this appropriation may be 

made to any department or agency for expenses of carrying out such 

activities. 

TITLE IV 

INDEPENDENT AGENCIES 

ARCHITECTURAL AND TRANSPORTATION BARRIERS COMPLIANCE

BOARD

SALARIES AND EXPENSES

For expenses necessary for the Architectural and Transportation 

Barriers Compliance Board, as authorized by section 502 of the Rehabilitation Act of 1973, as amended, $5,686,000: Provided, That, 

notwithstanding any other provision of law, there may be credited 

to this appropriation funds received for publications and training 

expenses. 

ELECTION ASSISTANCE COMMISSION

SALARIES AND EXPENSES

(INCLUDING TRANSFER OF FUNDS)

For necessary expenses to carry out the Help America Vote Act 

of 2002, $14,000,000, of which $2,800,000 shall be transferred to the 

National Institute of Standards and Technology for election reform 

activities authorized under the Help America Vote Act of 2002. 

FEDERAL ELECTION COMMISSION

SALARIES AND EXPENSES

For necessary expenses to carry out the provisions of the Federal 

Election Campaign Act of 1971, as amended, $52,159,000, of which 

no less than $4,700,000 shall be available for internal automated 

data processing systems, and of which not to exceed $5,000 shall be 

available for reception and representation expenses. 

FEDERAL LABOR RELATIONS AUTHORITY

SALARIES AND EXPENSES

For necessary expenses to carry out functions of the Federal 

Labor Relations Authority, pursuant to Reorganization Plan Numbered 2 of 1978, and the Civil Service Reform Act of 1978, including 

services authorized by 5 U.S.C. 3109, and including hire of experts 

and consultants, hire of passenger motor vehicles, and rental of conference rooms in the District of Columbia and elsewhere, 

$25,673,000: Provided, That public members of the Federal Service 

Impasses Panel may be paid travel expenses and per diem in lieu 

of subsistence as authorized by law (5 U.S.C. 5703) for persons employed intermittently in the Government service, and compensation 

as authorized by 5 U.S.C. 3109: Provided further, That notwithstanding 31 U.S.C. 3302, funds received from fees charged to nonFederal participants at labor-management relations conferences 

shall be credited to and merged with this account, to be available 

447 

without further appropriation for the costs of carrying out these conferences. 

(RESCISSION)

Of the unobligated balances under this heading from prior year 

appropriations, $3,000,000 are rescinded. 

FEDERAL MARITIME COMMISSION

SALARIES AND EXPENSES

For necessary expenses of the Federal Maritime Commission as 

authorized by section 201(d) of the Merchant Marine Act, 1936, as 

amended (46 U.S.C. App. 1111), including services as authorized by 

5 U.S.C. 3109; hire of passenger motor vehicles as authorized by 31 

U.S.C. 1343(b); and uniforms or allowances therefor, as authorized 

by 5 U.S.C. 5901–5902, $19,496,000: Provided, That not to exceed 

$2,000 shall be available for official reception and representation 

expenses. 

GENERAL SERVICES ADMINISTRATION

REAL PROPERTY ACTIVITIES

FEDERAL BUILDINGS FUND

LIMITATIONS ON AVAILABILITY OF REVENUE

(INCLUDING TRANSFER OF FUNDS)

To carry out the purposes of the Fund established pursuant to 

section 210(f) of the Federal Property and Administrative Services 

Act of 1949, as amended (40 U.S.C. 592), the revenues and collections deposited into the Fund shall be available for necessary expenses of real property management and related activities not otherwise provided for, including operation, maintenance, and protection 

of federally owned and leased buildings; rental of buildings in the 

District of Columbia; restoration of leased premises; moving governmental agencies (including space adjustments and telecommunications relocation expenses) in connection with the assignment, allocation and transfer of space; contractual services incident to cleaning or servicing buildings, and moving; repair and alteration of federally owned buildings including grounds, approaches and appurtenances; care and safeguarding of sites; maintenance, preservation, 

demolition, and equipment; acquisition of buildings and sites by 

purchase, condemnation, or as otherwise authorized by law; acquisition of options to purchase buildings and sites; conversion and extension of federally owned buildings; preliminary planning and design of projects by contract or otherwise; construction of new buildings (including equipment for such buildings); and payment of principal, interest, and any other obligations for public buildings acquired by installment purchase and purchase contract; in the aggregate amount of $7,217,043,000, of which: (1) $708,542,000 shall remain available until expended for construction (including funds for 

sites and expenses and associated design and construction services) 

of additional projects at the following locations: 

New Construction: 

California: 

448 

Los Angeles, Federal Bureau of Investigation Facility, $14,054,000 

Los Angeles, United States Courthouse, $314,385,000 

San Diego, United States Courthouse, $3,068,000 

District of Columbia: Southeast Federal Center Site Remediation, $2,650,000 

Illinois: 

Chicago, 10 West Jackson Place (Purchase), $53,170,000 

Maine: 

Calais, Border Station, $3,269,000 

Madawaska, Border Station, $1,760,000 

Maryland: 

Montgomery County, Food and Drug Administration Consolidation, $88,710,000 

Minnesota: 

Warroad, Border Station, $1,837,000 

New Mexico: 

Las Cruces, United States Courthouse, $60,600,000 

New York: 

Alexandria Bay, Border Station, $8,884,000 

Massena, Border Station, $15,000,000 

North Dakota: 

Dunseith, Border Station, $2,301,000 

Portal, Border Station, $22,351,000 

Texas: 

El Paso, Paso Del Norte Border Station, $26,191,000 

El Paso, United States Courthouse, $63,462,000 

El Paso, Ysleta Border Station, $2,491,000 

Vermont: 

Derby Line, Border Station, $3,190,000 

Norton, Border Station, $580,000 

Richford, Border Station, $589,000 Nonprospectus Construction, $10,000,000 

Judgment Fund repayment, $10,000,000: 

Provided, That each of the foregoing limits of costs on new construction projects may be exceeded to the extent that savings are effected 

in other such projects, but not to exceed 10 percent of the amounts 

included in an approved prospectus, if required, unless advance approval is obtained from the Committees on Appropriations of a 

greater amount: Provided further, That all funds for direct construction projects shall expire on September 30, 2006, and remain 

in the Federal Buildings Fund except for funds for projects as to 

which funds for design or other funds have been obligated in whole 

or in part prior to such date; (2) $980,222,000 shall remain available until expended for repairs and alterations, which includes associated design and construction services: 

Repairs and Alterations: 

District of Columbia: 

Eisenhower Executive Office Building, $5,000,000 

Federal Office Building 6, $8,267,000 

Hoover FBI Building, $10,242,000 

Mary E. Switzer Building, $80,335,000 

New Executive Office Building, $6,262,000 

Steam Distribution System, $2,000,000 

449 

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—Court- house, $36,644,000 

Missouri: 

Kansas City, Richard Bolling Federal Building, $40,048,000 

New York: 

New York, Foley Square Courthouse, $2,505,000 

Queens, Joseph P. Addabbo Federal Building, $5,455,000 

Ohio: 

Cincinnati, Potter Stewart Courthouse, $37,975,000 

Cleveland, Celebreeze Federal Building, $37,375,000 

Washington: Seattle, William Nakamura Courthouse, $50,210,000 

Special Emphasis Programs: Chlorofluorocarbons Program, $13,000,000 

Energy Program, $30,000,000 

Glass Fragment Retention, $20,000,000 

Design Program, $48,699,000 

Basic Repairs and Alterations, $393,500,000: 

Provided further, That funds made available in this or any previous 

Act in the Federal Buildings Fund for Repairs and Alterations 

shall, for prospectus projects, be limited to the amount identified for 

each project, except each project in this or any previous Act may be 

increased by an amount not to exceed 10 percent unless advance approval is obtained from the Committees on Appropriations of a 

greater amount: Provided further, That additional projects for 

which prospectuses have been fully approved may be funded under 

this category only if advance approval is obtained from the Committees on Appropriations: Provided further, That the amounts provided in this or any prior Act for ‘‘Repairs and Alterations’’ may be 

used to fund costs associated with implementing security improvements to buildings necessary to meet the minimum standards for security in accordance with current law and in compliance with the 

reprogramming guidelines of the appropriate Committees of the 

House and Senate: Provided further, That the difference between the 

funds appropriated and expended on any projects in this or any 

prior Act, under the heading ‘‘Repairs and Alterations’’, may be 

450 

transferred to Basic Repairs and Alterations or used to fund authorized increases in prospectus projects: Provided further, That all 

funds for repairs and alterations prospectus projects shall expire on 

September 30, 2006 and remain in the Federal Buildings Fund except funds for projects as to which funds for design or other funds 

have been obligated in whole or in part prior to such date: Provided 

further, That the amount provided in this or any prior Act for Basic 

Repairs and Alterations may be used to pay claims against the Government arising from any projects under the heading ‘‘Repairs and 

Alterations’’ or used to fund authorized increases in prospectus 

projects; (3) $161,442,000 for installment acquisition payments including payments on purchase contracts which shall remain available until expended; (4) $3,657,315,000 for rental of space which 

shall remain available until expended; and (5) $1,709,522,000 for 

building operations which shall remain available until expended: 

Provided further, That funds available to the General Services Administration shall not be available for expenses of any construction, 

repair, alteration and acquisition project for which a prospectus, if 

required by the Public Buildings Act of 1959, as amended, has not 

been approved, except that necessary funds may be expended for 

each project for required expenses for the development of a proposed 

prospectus: Provided further, That funds available in the Federal 

Buildings Fund may be expended for emergency repairs when advance approval is obtained from the Committees on Appropriations: 

Provided further, That notwithstanding any other provision of law, 

the Administrator of General Services is authorized and directed to 

proceed with site acquisition, design, and subject to availability of 

funds, construction and management and inspection, of a new Federal Building in Tuscaloosa, Alabama for which funds for site acquisition and design were provided in Public Law 108–199: Provided further, That amounts necessary to provide reimbursable special services to other agencies under section 210(f)(6) of the Federal 

Property and Administrative Services Act of 1949, as amended (40 

U.S.C. 592(b)(2)) and amounts to provide such reimbursable fencing, lighting, guard booths, and other facilities on private or other 

property not in Government ownership or control as may be appropriate to enable the United States Secret Service to perform its protective functions pursuant to 18 U.S.C. 3056, shall be available 

from such revenues and collections: Provided further, That revenues 

and collections and any other sums accruing to this Fund during 

fiscal year 2005, excluding reimbursements under section 210(f)(6) 

of the Federal Property and Administrative Services Act of 1949 (40 

U.S.C. 592(b)(2)) in excess of the aggregate new obligational authority authorized for Real Property Activities of the Federal Buildings 

Fund in this Act shall remain in the Fund and shall not be available for expenditure except as authorized in appropriations Acts. 

GENERAL ACTIVITIES

GOVERNMENT-WIDE POLICY

For expenses authorized by law, not otherwise provided for, for 

Government-wide policy and evaluation activities associated with 

the management of real and personal property assets and certain 

administrative services; Government-wide policy support responsibilities relating to acquisition, telecommunications, information 

451 

technology management, and related technology activities; and services as authorized by 5 U.S.C. 3109, $62,100,000. 

OPERATING EXPENSES

For expenses authorized by law, not otherwise provided for, for 

Government-wide activities associated with utilization and donation 

of surplus personal property; disposal of real property; providing 

Internet access to Federal information and services; agency-wide 

policy direction and management, and Board of Contract Appeals; 

accounting, records management, and other support services incident to adjudication of Indian Tribal Claims by the United States 

Court of Federal Claims; services as authorized by 5 U.S.C. 3109; 

and not to exceed $7,500 for official reception and representation expenses, $92,175,000. 

OFFICE OF INSPECTOR GENERAL

For necessary expenses of the Office of Inspector General and 

services authorized by 5 U.S.C. 3109, $42,351,000: Provided, That 

not to exceed $15,000 shall be available for payment for information 

and detection of fraud against the Government, including payment 

for recovery of stolen Government property: Provided further, That 

not to exceed $2,500 shall be available for awards to employees of 

other Federal agencies and private citizens in recognition of efforts 

and initiatives resulting in enhanced Office of Inspector General effectiveness. 

ELECTRONIC GOVERNMENT FUND

(INCLUDING TRANSFER OF FUNDS)

For necessary expenses in support of interagency projects that 

enable the Federal Government to expand its ability to conduct activities electronically, through the development and implementation 

of innovative uses of the Internet and other electronic methods, 

$3,000,000, to remain available until expended: Provided, That 

these funds may be transferred to Federal agencies to carry out the 

purposes of the Fund: Provided further, That this transfer authority 

shall be in addition to any other transfer authority provided in this 

Act: Provided further, That such transfers may not be made until 

10 days after a proposed spending plan and justification for each 

project to be undertaken has been submitted to the Committees on 

Appropriations. 

ALLOWANCES AND OFFICE STAFF FOR FORMER PRESIDENTS

(INCLUDING TRANSFER OF FUNDS)

For carrying out the provisions of the Act of August 25, 1958, 

as amended (3 U.S.C. 102 note), and Public Law 95–138, 

$3,106,000: Provided, That the Administrator of General Services 

shall transfer to the Secretary of the Treasury such sums as may 

be necessary to carry out the provisions of such Acts. 

452 

GENERAL PROVISIONS—GENERAL SERVICES ADMINISTRATION

(INCLUDING RESCISSION OF FUNDS)

SEC. 401. The appropriate appropriation or fund available to 

the General Services Administration shall be credited with the cost 

of operation, protection, maintenance, upkeep, repair, and improvement, included as part of rentals received from Government corporations pursuant to law (40 U.S.C. 129). 

SEC. 402. Funds available to the General Services Administration shall be available for the hire of passenger motor vehicles. 

SEC. 403. Funds in the Federal Buildings Fund made available 

for fiscal year 2005 for Federal Buildings Fund activities may be 

transferred between such activities only to the extent necessary to 

meet program requirements: Provided, That any proposed transfers 

shall be approved in advance by the Committees on Appropriations. 

SEC. 404. No funds made available by this Act shall be used 

to transmit a fiscal year 2006 request for United States Courthouse 

construction that: (1) does not meet the design guide standards for 

construction as established and approved by the General Services 

Administration, the Judicial Conference of the United States, and 

the Office of Management and Budget; and (2) does not reflect the 

priorities of the Judicial Conference of the United States as set out 

in its approved 5-year construction plan: Provided, That the fiscal 

year 2006 request must be accompanied by a standardized courtroom utilization study of each facility to be constructed, replaced, or 

expanded. 

SEC. 405. None of the funds provided in this Act may be used 

to increase the amount of occupiable square feet, provide cleaning 

services, security enhancements, or any other service usually provided through the Federal Buildings Fund, to any agency that does 

not pay the rate per square foot assessment for space and services 

as determined by the General Services Administration in compliance with the Public Buildings Amendments Act of 1972 (Public 

Law 92–313). 

SEC. 406. From funds made available under the heading ‘‘Federal Buildings Fund, Limitations on Availability of Revenue’’, 

claims against the Government of less than $250,000 arising from 

direct construction projects and acquisition of buildings may be liquidated from savings effected in other construction projects with 

prior notification to the Committees on Appropriations. 

SEC. 407. Notwithstanding 40 U.S.C. 524, 571, and 572, the 

Administrator of General Services may sell the Middle River Depot 

at Middle River, Maryland, and credit the proceeds of such sale as 

offsetting collections to the Federal Buildings Fund, to be available, 

in addition to amounts otherwise appropriated for such Fund, for 

such capital activities of the Fund as the Administrator may deem 

appropriate: Provided, That the Administrator shall, to the maximum extent practicable, cooperate and consult with Baltimore 

County, Maryland officials and other interested persons in communities located near the Middle River Depot so that the sale and use 

of the property is compatible with local economic development plans 

and is not inconsistent with local land use, environmental and zoning laws. 

SEC. 408. Section 572(a)(2)(ii) of title 40, United States Code, 

is amended by inserting the following before the period: ‘‘, highest 

453 

and best use of property studies, utilization of property studies, deed 

compliance inspection, and the expenses incurred in a relocation’’. 

SEC. 409. Of the amounts made available under the heading 

‘‘Federal Buildings Fund’’ for New Construction and Repairs and 

Alterations in this or any prior Act, a total amount of $106,000,000 

are rescinded: Provided, That the Administrator of General Services 

shall notify the Appropriations Committees of the House of Representatives and Senate of the specific projects, or parts thereof, 

from which funds have been rescinded within 30 days of enactment 

of this Act. 

SEC. 410. In order to address heightened security requirements 

for the proposed Moss United States Courthouse Annex project, the 

Administrator of General Services is authorized to acquire and demolish the real property, including land and improvements, located 

in Salt Lake City, Utah, at the corner of 400 South Street and West 

Temple, said land and improvements commonly known as the 

Shubrick Building; to use previously appropriated project funds to 

immediately initiate compliance procedures in accordance with the 

National Historic Preservation Act and the National Environmental 

Policy Act; and to redesign the proposed courthouse expansion to incorporate this new site. 

SEC. 411. CONVEYANCE OF LAND TO THE RECREATION AND PARK

COMMISSION FOR THE PARISH OF EAST BATON ROUGE, LOUISIANA. (a) CONVEYANCE.—Not later than 60 days after the date of enactment of this Act, the Postmaster General of the United States Postal 

Service shall convey, for the consideration specified in subsection 

(b), the land described in subsection (d), including any improvements thereon, to the General Services Administration. 

(b) PURCHASE PRICE.—Upon the conveyance described in subsection (a), the Administrator of General Services shall pay the 

United States Postal Service a purchase price equaling the fair market value not to exceed $975,000, which price may be paid by cash 

or credited to the existing USPS/GSA property swap program. 

(c) RECONVEYANCE.—Not later than 10 days after the conveyance described in subsection (a), the Administrator of General Services shall convey, without consideration by quitclaim deed and without recourse, the land described in subsection (d), including any improvements thereon, to the Recreation and Park Commission for the 

Parish of East Baton Rouge, Louisiana, for use as a downtown park 

or for other public purposes. 

(d) DESCRIPTION OF PROPERTY.—The land referred to in subsections (a) and (c) is the property formerly used as the Main Postal 

Office Carrier Annex in Baton Rouge, Louisiana and located at 750 

Florida Street. This land is situated north of Convention Street, 

south of Florida Street and west of 7th Street. This land comprises 

approximately 27,500 square feet and is improved by a one-story 

building. 

SEC. 412. Notwithstanding any other provision of law, the Administrator of General Services may convey, by sale, lease, exchange 

or otherwise, including through leaseback arrangements, real and 

related personal property, or interests therein, and retain the net 

proceeds of such dispositions in an account within the Federal 

Buildings Fund to be used for the General Services Administration’s 

real property capital needs: Provided, That all net proceeds realized 

under this section shall only be expended as authorized in annual 

454 

appropriations Acts: Provided further, That for the purposes of this 

section, the term ‘‘net proceeds’’ means the rental and other sums received less the costs of the disposition, and the term ‘‘real property 

capital needs’’ means any expenses necessary and incident to the 

agency’s real property capital acquisitions, improvements, and dispositions. 

SEC. 413. LAND CONVEYANCE, NAHANT, MASSACHUSETTS.—(a) 

CONVEYANCE AUTHORIZED.—Notwithstanding any other provision of 

law, the Administrator of the General Services Administration may 

sell all right, title, and interest of the United States in and to a parcel of real property, including improvements thereon, that is located 

at Castle Road, Gardner Road and Goddard Drive in Nahant, Massachusetts to the Town of Nahant. In the event a binding sales contract is not executed within 30 days of enactment the Administrator 

shall commence with a public, competitive sale of the property. 

(b) CONSIDERATION.—As consideration for conveyance under 

subsection (a), the Town of Nahant shall pay, in a single lump sum 

payment, $2,000,000. 

(c) DEPOSIT OF FUNDS.—Notwithstanding any other provision 

of law, the Administrator may deposit the net proceeds in the Real 

Property Relocation account of the General Services Administration. 

In the event proceeds exceed $2,000,000, the net amount in excess 

of $2,000,000 shall be deposited in the United States Coast Guard 

Housing Fund established under 14 U.S.C. Sec. 687. 

(d) DESCRIPTION OF PROPERTY.—The exact acreage and legal 

description of the real property to be conveyed under subsection (a) 

shall be determined by a survey satisfactory to the Administrator. 

The cost of the survey shall be borne by the purchaser. 

(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 

455 

adjudicate retirement appeals to be transferred from the Civil Service Retirement and Disability Fund in amounts determined by the 

Merit Systems Protection Board. 

MORRIS K. UDALL SCHOLARSHIP AND EXCELLENCE IN NATIONAL

ENVIRONMENTAL POLICY FOUNDATION

MORRIS K. UDALL SCHOLARSHIP AND EXCELLENCE IN NATIONAL

ENVIRONMENTAL POLICY TRUST FUND

(INCLUDING TRANSFER OF FUNDS)

For payment to the Morris K. Udall Scholarship and Excellence 

in National Environmental Policy Trust Fund, pursuant to the Morris K. Udall Scholarship and Excellence in National Environmental 

and Native American Public Policy Act of 1992 (20 U.S.C. 5601 et 

seq.), $1,996,000, to remain available until expended, of which up 

to $50,000 shall be used to conduct financial audits pursuant to the 

Accountability of Tax Dollars Act of 2002 (Public Law 107–289) notwithstanding sections 8 and 9 of Public Law 102–259: Provided, 

That up to 60 percent of such funds may be transferred by the Morris K. Udall Scholarship and Excellence in National Environmental 

Policy Foundation for the necessary expenses of the Native Nations 

Institute. 

ENVIRONMENTAL DISPUTE RESOLUTION FUND

For payment to the Environmental Dispute Resolution Fund to 

carry out activities authorized in the Environmental Policy and 

Conflict Resolution Act of 1998, $1,309,000, to remain available 

until expended. 

NATIONAL ARCHIVES AND RECORDS ADMINISTRATION

OPERATING EXPENSES

For necessary expenses in connection with the administration of 

the National Archives and Records Administration (including the 

Information Security Oversight Office) and archived Federal records 

and related activities, as provided by law, and for expenses necessary for the review and declassification of documents, and for the 

hire of passenger motor vehicles, $266,945,000: Provided, That the 

Archivist of the United States is authorized to use any excess funds 

available from the amount borrowed for construction of the National Archives facility, for expenses necessary to provide adequate 

storage for holdings. 

ELECTRONIC RECORDS ARCHIVES

For necessary expenses in connection with the development of 

the electronic records archives, to include all direct project costs associated with research, analysis, design, development, and program 

management, $35,914,000. 

REPAIRS AND RESTORATION

For the repair, alteration, and improvement of archives facilities, and to provide adequate storage for holdings, $13,432,000, to 

remain available until expended, of which $3,000,000 is for site 

preparation and construction management to construct a new reVerDate Aug 04 2004 07:33 Dec 01, 2004 Jkt 096906 PO 00000 Frm 00459 Fmt 6659 Sfmt 6603 E:\HR\OC\HR792.XXX HR792
456 

gional archives and records facility in Anchorage, Alaska, and of 

which $2,000,000 is for the repair and restoration of the plaza that 

surrounds the Lyndon Baines Johnson Presidential Library that is 

under the joint control and custody of the University of Texas: Provided, That such funds may be transferred directly to the University 

and used, together with University funds, for repair and restoration 

of the plaza and remain available until expended for this purpose. 

NATIONAL HISTORICAL PUBLICATIONS AND RECORDS COMMISSION

GRANTS PROGRAM

For necessary expenses for allocations and grants for historical 

publications and records as authorized by 44 U.S.C. 2504, as 

amended, $5,000,000, to remain available until expended. 

NATIONAL TRANSPORTATION SAFETY BOARD

SALARIES AND EXPENSES

For necessary expenses of the National Transportation Safety 

Board, including hire of passenger motor vehicles and aircraft; services as authorized by 5 U.S.C. 3109, but at rates for individuals not 

to exceed the per diem rate equivalent to the rate for a GS–15; uniforms, or allowances therefor, as authorized by law (5 U.S.C. 5901– 

5902) $76,700,000, of which not to exceed $2,000 may be used for 

official reception and representation expenses. 

(RESCISSION)

Of the available unobligated balances made available under 

Public Law 106–246, $8,000,000 are rescinded. 

OFFICE OF GOVERNMENT ETHICS

SALARIES AND EXPENSES

For necessary expenses to carry out functions of the Office of 

Government Ethics pursuant to the Ethics in Government Act of 

1978, as amended and the Ethics Reform Act of 1989, including 

services as authorized by 5 U.S.C. 3109, rental of conference rooms 

in the District of Columbia and elsewhere, hire of passenger motor 

vehicles, and not to exceed $1,500 for official reception and representation expenses, $11,238,000. 

OFFICE OF PERSONNEL MANAGEMENT

SALARIES AND EXPENSES

(INCLUDING TRANSFER OF TRUST FUNDS)

For necessary expenses to carry out functions of the Office of 

Personnel Management pursuant to Reorganization Plan Numbered 

2 of 1978 and the Civil Service Reform Act of 1978, including services as authorized by 5 U.S.C. 3109; medical examinations performed for veterans by private physicians on a fee basis; rental of 

conference rooms in the District of Columbia and elsewhere; hire of 

passenger motor vehicles; not to exceed $2,500 for official reception 

and representation expenses; advances for reimbursements to applicable funds of the Office of Personnel Management and the Federal 

457 

Bureau of Investigation for expenses incurred under Executive 

Order No. 10422 of January 9, 1953, as amended; and payment of 

per diem and/or subsistence allowances to employees where Voting 

Rights Act activities require an employee to remain overnight at his 

or her post of duty, $125,500,000, of which $12,000,000 shall remain available until September 30, 2007; and in addition 

$128,462,000 for administrative expenses, to be transferred from the 

appropriate trust funds of the Office of Personnel Management without regard to other statutes, including direct procurement of printed 

materials, for the retirement and insurance programs, of which 

$27,640,000 shall remain available until expended for the cost of 

automating the retirement recordkeeping systems: Provided, That 

the provisions of this appropriation shall not affect the authority to 

use applicable trust funds as provided by sections 8348(a)(1)(B), 

and 9004(f)(1)(A) and (2)(A) of title 5, United States Code: Provided 

further, That no part of this appropriation shall be available for 

salaries and expenses of the Legal Examining Unit of the Office of 

Personnel Management established pursuant to Executive Order No. 

9358 of July 1, 1943, or any successor unit of like purpose: Provided 

further, That the President’s Commission on White House Fellows, 

established by Executive Order No. 11183 of October 3, 1964, may, 

during fiscal year 2005, accept donations of money, property, and 

personal services: Provided further, That such donations, including 

those from prior years, may be used for the development of publicity 

materials to provide information about the White House Fellows, except that no such donations shall be accepted for travel or reimbursement of travel expenses, or for the salaries of employees of such 

Commission. 

OFFICE OF INSPECTOR GENERAL

SALARIES AND EXPENSES

(INCLUDING TRANSFER OF TRUST FUNDS)

For necessary expenses of the Office of Inspector General in carrying out the provisions of the Inspector General Act, as amended, 

including services as authorized by 5 U.S.C. 3109, hire of passenger 

motor vehicles, $1,627,000, and in addition, not to exceed 

$16,461,000 for administrative expenses to audit, investigate, and 

provide other oversight of the Office of Personnel Management’s retirement and insurance programs, to be transferred from the appropriate trust funds of the Office of Personnel Management, as determined by the Inspector General: Provided, That the Inspector General is authorized to rent conference rooms in the District of Columbia and elsewhere. 

GOVERNMENT PAYMENT FOR ANNUITANTS, EMPLOYEES HEALTH

BENEFITS

For payment of Government contributions with respect to retired employees, as authorized by chapter 89 of title 5, United States 

Code, and the Retired Federal Employees Health Benefits Act (74 

Stat. 849), as amended, such sums as may be necessary. 

458 

GOVERNMENT PAYMENT FOR ANNUITANTS, EMPLOYEE LIFE

INSURANCE

For payment of Government contributions with respect to employees retiring after December 31, 1989, as required by chapter 87 

of title 5, United States Code, such sums as may be necessary. 

PAYMENT TO CIVIL SERVICE RETIREMENT AND DISABILITY FUND

For financing the unfunded liability of new and increased annuity benefits becoming effective on or after October 20, 1969, as authorized by 5 U.S.C. 8348, and annuities under special Acts to be 

credited to the Civil Service Retirement and Disability Fund, such 

sums as may be necessary: Provided, That annuities authorized by 

the Act of May 29, 1944, as amended, and the Act of August 19, 

1950, as amended (33 U.S.C. 771–775), may hereafter be paid out 

of the Civil Service Retirement and Disability Fund. 

OFFICE OF SPECIAL COUNSEL

SALARIES AND EXPENSES

For necessary expenses to carry out functions of the Office of 

Special Counsel pursuant to Reorganization Plan Numbered 2 of 

1978, the Civil Service Reform Act of 1978 (Public Law 95–454), as 

amended, the Whistleblower Protection Act of 1989 (Public Law 

101–12), as amended, Public Law 103–424, and the Uniformed 

Services Employment and Reemployment Act of 1994 (Public Law 

103–353), including services as authorized by 5 U.S.C. 3109, payment of fees and expenses for witnesses, rental of conference rooms 

in the District of Columbia and elsewhere, and hire of passenger 

motor vehicles; $15,449,000. 

UNITED STATES POSTAL SERVICE

PAYMENT TO THE POSTAL SERVICE FUND

For payment to the Postal Service Fund for revenue forgone on 

free and reduced rate mail, pursuant to subsections (c) and (d) of 

section 2401 of title 39, United States Code, $90,709,000, of which 

$61,709,000 shall not be available for obligation until October 1, 

2005: Provided, That mail for overseas voting and mail for the 

blind shall continue to be free: Provided further, That 6-day delivery and rural delivery of mail shall continue at not less than the 

1983 level: Provided further, That none of the funds made available 

to the Postal Service by this Act shall be used to implement any 

rule, regulation, or policy of charging any officer or employee of any 

State or local child support enforcement agency, or any individual 

participating in a State or local program of child support enforcement, a fee for information requested or provided concerning an address of a postal customer: Provided further, That none of the funds 

provided in this Act shall be used to consolidate or close small rural 

and other small post offices in fiscal year 2005. 

EMERGENCY PREPAREDNESS

For an additional amount for ‘‘Payment to the Postal Service 

Fund’’ for emergency expenses to enable the Postal Service to protect 

postal employees and postal customers from exposure to hazardous 

459 

materials in the mail, $507,000,000, to remain available until expended: Provided, that the Postal Service shall submit a spending 

plan for funds under this heading to the Office of Management and 

Budget and the House and Senate Committees on Appropriations: 

Provided further, That the Government Accountability Office shall 

review the spending plan and capabilities of the systems to detect 

hazardous materials: Provided further, That $7,000,000 is for the 

mail irradiation facility in Washington, D.C.: Provided further, 

That the $7,000,000 specified for the mail irradiation facility is designated as an emergency requirement pursuant to section 402 of S. 

Con. Res. 95 (108th Congress), as made applicable to the House of 

Representatives by H. Res. 649 (108th Congress) and applicable to 

the Senate by section 14007 of Public Law 108–287. 

UNITED STATES TAX COURT

SALARIES AND EXPENSES

For necessary expenses, including contract reporting and other 

services as authorized by 5 U.S.C. 3109, $41,180,000: Provided, 

That travel expenses of the judges shall be paid upon the written 

certificate of the judge. 

TITLE V 

GENERAL PROVISIONS 

THIS ACT

(INCLUDING TRANSFERS OF FUNDS)

SEC. 501. Such sums as may be necessary for fiscal year 2005 

pay raises for programs funded in this Act shall be absorbed within 

the levels appropriated in this Act or previous appropriations Acts. 

SEC. 502. None of the funds in this Act shall be used for the 

planning or execution of any program to pay the expenses of, or otherwise compensate, non-Federal parties intervening in regulatory or 

adjudicatory proceedings funded in this Act. 

SEC. 503. None of the funds appropriated in this Act shall remain available for obligation beyond the current fiscal year, nor 

may any be transferred to other appropriations, unless expressly so 

provided herein. 

SEC. 504. The expenditure of any appropriation under this Act 

for any consulting service through procurement contract pursuant to 

section 3109 of title 5, United States Code, shall be limited to those 

contracts where such expenditures are a matter of public record and 

available for public inspection, except where otherwise provided 

under existing law, or under existing Executive order issued pursuant to existing law. 

SEC. 505. None of the funds made available in this Act may be 

transferred to any department, agency, or instrumentality of the 

United States Government, except pursuant to a transfer made by, 

or transfer authority provided in, this Act or any other appropriations Act. 

SEC. 506. None of the funds made available by this Act shall 

be available for any activity or for paying the salary of any Government employee where funding an activity or paying a salary to a 

460 

Government employee would result in a decision, determination, 

rule, regulation, or policy that would prohibit the enforcement of 

section 307 of the Tariff Act of 1930. 

SEC. 507. No part of any appropriation contained in this Act 

shall be available to pay the salary for any person filling a position, 

other than a temporary position, formerly held by an employee who 

has left to enter the Armed Forces of the United States and has satisfactorily completed his period of active military or naval service, 

and has within 90 days after his release from such service or from 

hospitalization continuing after discharge for a period of not more 

than 1 year, made application for restoration to his former position 

and has been certified by the Office of Personnel Management as 

still qualified to perform the duties of his former position and has 

not been restored thereto. 

SEC. 508. No funds appropriated pursuant to this Act may be 

expended by an entity unless the entity agrees that in expending the 

assistance the entity will comply with sections 2 through 4 of the Act 

of March 3, 1933 (41 U.S.C. 10a–10c, popularly known as the ‘‘Buy 

America Act’’). 

SEC. 509. No funds appropriated or otherwise made available 

under this Act shall be made available to any person or entity that 

has been convicted of violating the Buy American Act (41 U.S.C. 

10a–10c). 

SEC. 510. None of the funds provided in this Act, provided by 

previous appropriations Acts to the agencies or entities funded in 

this Act that remain available for obligation or expenditure in fiscal 

year 2005, or provided from any accounts in the Treasury derived 

by the collection of fees and available to the agencies funded by this 

Act, shall be available for obligation or expenditure through a reprogramming of funds that: (1) creates a new program; (2) eliminates a program, project, or activity; (3) increases funds or personnel for any program, project, or activity for which funds have 

been denied or restricted by the Congress; (4) proposes to use funds 

directed for a specific activity by either the House or Senate Committees on Appropriations for a different purpose; (5) augments existing programs, projects, or activities in excess of $5,000,000 or 10 

percent, whichever is less; (6) reduces existing programs, projects, or 

activities by $5,000,000 or 10 percent, whichever is less; or (7) creates, reorganizes, or restructures a branch, division, office, bureau, 

board, commission, agency, administration, or department different 

from the budget justifications submitted to the Committees on Appropriations or the table accompanying the Statement of the Managers accompanying this Act, whichever is more detailed, unless 

prior approval is received from the House and Senate Committees 

on Appropriations: Provided, That not later than 60 days after the 

date of enactment of this Act, each agency funded by this Act shall 

submit a report to the Committee on Appropriations of the Senate 

and of the House of Representatives to establish the baseline for application of reprogramming and transfer authorities for the current 

fiscal year: Provided further, That the report shall include (1) a 

table for each appropriation with a separate column to display the 

President’s budget request, adjustments made by Congress, adjustments due to enacted rescissions, if appropriate, and the fiscal year 

enacted level; (2) a delineation in the table for each appropriation 

both by object class and program, project, and activity as detailed 

461 

in the budget appendix for the respective appropriation; and (3) an 

identification of items of special congressional interest: Provided 

further, That the amount appropriated or limited for salaries and 

expenses for an agency shall be reduced by $100,000 per day for 

each day after the required date that the report has not been submitted to the Congress. 

SEC. 511. Except as otherwise specifically provided by law, not 

to exceed 50 percent of unobligated balances remaining available at 

the end of fiscal year 2005 from appropriations made available for 

salaries and expenses for fiscal year 2005 in this Act, shall remain 

available through September 30, 2006, for each such account for the 

purposes authorized: Provided, That a request shall be submitted to 

the Committees on Appropriations for approval prior to the expenditure of such funds: Provided further, That these requests shall be 

made in compliance with reprogramming guidelines. 

SEC. 512. None of the funds made available in this Act may be 

used by the Executive Office of the President to request from the 

Federal Bureau of Investigation any official background investigation report on any individual, except when— 

(1) such individual has given his or her express written 

consent for such request not more than 6 months prior to the 

date of such request and during the same presidential administration; or 

(2) such request is required due to extraordinary circumstances involving national security. 

SEC. 513. The cost accounting standards promulgated under 

section 26 of the Office of Federal Procurement Policy Act (Public 

Law 93–400; 41 U.S.C. 422) shall not apply with respect to a contract under the Federal Employees Health Benefits Program established under chapter 89 of title 5, United States Code. 

SEC. 514. For the purpose of resolving litigation and implementing any settlement agreements regarding the nonforeign area 

cost-of-living allowance program, the Office of Personnel Management may accept and utilize (without regard to any restriction on 

unanticipated travel expenses imposed in an Appropriations Act) 

funds made available to the Office pursuant to court approval. 

SEC. 515. No funds appropriated by this Act shall be available 

to pay for an abortion, or the administrative expenses in connection 

with any health plan under the Federal employees health benefits 

program which provides any benefits or coverage for abortions. 

SEC. 516. The provision of section 515 shall not apply where the 

life of the mother would be endangered if the fetus were carried to 

term, or the pregnancy is the result of an act of rape or incest. 

SEC. 517. In order to promote Government access to commercial 

information technology, the restriction on purchasing nondomestic 

articles, materials, and supplies set forth in the Buy American Act 

(41 U.S.C. 10a et seq.), shall not apply to the acquisition by the Federal Government of information technology (as defined in section 

11101 of title 40, United States Code, that is a commercial item (as 

defined in section 4(12) of the Office of Federal Procurement Policy 

Act (41 U.S.C. 403(12)). 

SEC. 518. Public Law 108–199 is amended in Division H, section 161, by inserting ‘‘and all Federal agencies’’ after ‘‘Office of 

Management and Budget’’. 

462 

SEC. 519. None of the funds made available in this Act may be 

used to finalize, implement, administer, or enforce— 

(1) the proposed rule relating to the determination that real 

estate brokerage is an activity that is financial in nature or incidental to a financial activity published in the Federal Register 

on January 3, 2001 (66 Fed. Reg. 307 et seq.); or 

(2) the revision proposed in such rule to section 1501.2 of 

title 12 of the Code of Federal Regulations. 

SEC. 520. TREATMENT OF THE TENNESSEE VALLEY AUTHORITY. 

The Securities Exchange Act of 1934 (15 U.S.C. 78a et seq.) is 

amended— 

(1) in section 3(a)(42)(B) (15 U.S.C. 78c(a)(42)(B)), by inserting ‘‘by the Tennessee Valley Authority or’’ after ‘‘issued or 

guaranteed’’; and 

(2) by adding at the end the following new section: 

‘‘SEC. 37. TENNESSEE VALLEY AUTHORITY. 

‘‘(a) IN GENERAL.—Commencing with the issuance by the Tennessee Valley Authority of an annual report on Commission Form 

10–K (or any successor thereto) for fiscal year 2006 and thereafter, 

the Tennessee Valley Authority shall file with the Commission, in 

accordance with such rules and regulations as the Commission has 

prescribed or may prescribe, such periodic, current, and supplementary information, documents, and reports as would be required 

pursuant to section 13 if the Tennessee Valley Authority were an 

issuer of a security registered pursuant to section 12. Notwithstanding the preceding sentence, the Tennessee Valley Authority 

shall not be required to register any securities under this title, and 

shall not be deemed to have registered any securities under this 

title. 

‘‘(b) LIMITED TREATMENT AS ISSUER.—Commencing with the 

issuance by the Tennessee Valley Authority of an annual report on 

Commission Form 10–K (or any successor thereto) for fiscal year 

2006 and thereafter, the Tennessee Valley Authority shall be deemed 

to be an issuer for purposes of section 10A, other than for subsection 

(m)(1) or (m)(3) of section 10A. The Tennessee Valley Authority shall 

not be required by this subsection to comply with the rules issued 

by any national securities exchange or national securities association in response to rules issued by the Commission pursuant to section 10A(m)(1). 

‘‘(c) NO EFFECT ON TVA AUTHORITY.—Nothing in this section 

shall be construed to diminish, impair, or otherwise affect the authority of the Board of Directors of the Tennessee Valley Authority 

to carry out its statutory functions under the Tennessee Valley Authority Act of 1933.’’. 

SEC. 521. Section 307 of the Denali Commission Act of 1998 (42 

U.S.C. 3121 note) is amended by adding at the end the following 

new subsection: 

‘‘(e) DOCKS, WATERFRONT TRANSPORTATION DEVELOPMENT, AND

RELATED INFRASTRUCTURE PROJECTS.—The Secretary of Transportation is authorized to make direct lump sum payments to the Commission to construct docks, waterfront development projects, and related transportation infrastructure, provided the local community 

provides a ten percent non-federal match in the form of any necessary land or planning and design funds. To carry out this section, 

463 

there is authorized to be appropriated such sums as may be necessary.’’. 

SEC. 522. (a) PRIVACY OFFICER.—Each agency shall have a 

Chief Privacy Officer to assume primary responsibility for privacy 

and data protection policy, including— 

(1) assuring that the use of technologies sustain, and do not 

erode, privacy protections relating to the use, collection, and 

disclosure of information in an identifiable form; 

(2) assuring that technologies used to collect, use, store, and 

disclose information in identifiable form allow for continuous 

auditing of compliance with stated privacy policies and practices governing the collection, use and distribution of information in the operation of the program; 

(3) assuring that personal information contained in Privacy 

Act systems of records is handled in full compliance with fair 

information practices as defined in the Privacy Act of 1974; 

(4) evaluating legislative and regulatory proposals involving collection, use, and disclosure of personal information by 

the Federal Government; 

(5) conducting a privacy impact assessment of proposed 

rules of the Department on the privacy of information in an 

identifiable form, including the type of personally identifiable 

information collected and the number of people affected; 

(6) preparing a report to Congress on an annual basis on 

activities of the Department that affect privacy, including complaints of privacy violations, implementation of section 552a of 

title 5, 11 United States Code, internal controls, and other relevant matters; 

(7) ensuring that the Department protects information in 

an identifiable form and information systems from unauthorized access, use, disclosure, disruption, modification, or destruction; 

(8) training and educating employees on privacy and data 

protection policies to promote awareness of and compliance with 

established privacy and data protection policies; and 

(9) ensuring compliance with the Departments established 

privacy and data protection policies. 

(b) ESTABLISHING PRIVACY AND DATA PROTECTION PROCEDURES

AND POLICIES.— (1) IN GENERAL.—Within 12 months of enactment of this 

Act, each agency shall establish and implement comprehensive 

privacy and data protection procedures governing the agency’s 

collection, use, sharing, disclosure, transfer, storage and security of information in an identifiable form relating to the agency 

employees and the public. Such procedures shall be consistent 

with legal and regulatory guidance, including OMB regulations, the Privacy Act of 1974, and section 208 of the E-Government Act of 2002. 

(c) RECORDING.—Each agency shall prepare a written report of 

its use of information in an identifiable form, along with its privacy 

and data protection policies and procedures and record it with the 

Inspector General of the agency to serve as a benchmark for the 

agency. Each report shall be signed by the agency privacy officer to 

verify that the agency intends to comply with the procedures in the 

report. By signing the report the privacy officer also verifies that the 

464 

agency is only using information in identifiable form as detailed in 

the report. 

(d) INDEPENDENT, THIRD-PARTY REVIEW.— (1) IN GENERAL.—At least every 2 years, each agency shall 

have performed an independent, third party review of the use 

of information in identifiable form as the privacy and data protection procedures of the agency to— 

(A) determine the accuracy of the description of the use 

of information in identifiable form; 

(B) determine the effectiveness of the privacy and data 

protection procedures; 

(C) ensure compliance with the stated privacy and data 

protection policies of the agency and applicable laws and 

regulations; and 

(D) ensure that all technologies used to collect, use, 

store, and disclose information in identifiable form allow 

for continuous auditing of compliance with stated privacy 

policies and practices governing the collection, use and distribution of information in the operation of the program. 

(2) PURPOSES.—The purposes of reviews under this subsection are to— 

(A) ensure the agency’s description of the use of information in an identifiable form is accurate and accounts for 

the agency’s current technology and its processing of information in an identifiable form. 

(B) measure actual privacy and data protection practices against the agency’s recorded privacy and data protection procedures; 

(C) ensure compliance and consistency with both online 

and offline stated privacy and data protection policies; and 

(D) provide agencies with ongoing awareness and recommendations regarding privacy and data protection procedures. 

(3) REQUIREMENTS OF REVIEW.—The Inspector General of 

each agency shall contract with an independent, third party 

that is a recognized leader in privacy consulting, privacy technology, data collection and data use management, and global 

privacy issues, to— 

(A) evaluate the agency’s use of information in identifiable form; 

(B) evaluate the privacy and data protection procedures 

of the agency; and 

(C) recommend strategies and specific steps to improve 

privacy and data protection management. 

(4) CONTENT.—Each review under this subsection shall include— 

(A) a review of the agency’s technology, practices and 

procedures with regard to the collection, use, sharing, disclosure, transfer and storage of information in identifiable 

form; 

(B) a review of the agency’s stated privacy and data 

protection procedures with regard to the collection, use, 

sharing, disclosure, transfer, and security of personal information in identifiable form relating to agency employees 

and the public; 

465 

(C) a detailed analysis of agency intranet, network and 

Websites for privacy vulnerabilities, including— 

(i) noncompliance with stated practices, procedures 

and policies; and 

(ii) risks for inadvertent release of information in 

an identifiable form from the website of the agency. 

(D) a review of agency compliance with this Act. 

(e) REPORT.— (1) IN GENERAL.—Upon completion of a review, the Inspector General of an agency shall submit to the head of that agency a detailed report on the review, including recommendations 

for improvements or enhancements to management of information in identifiable form, and the privacy and data protection 

procedures of the agency. 

(2) INTERNET AVAILABILITY.—Each agency shall make each 

independent third party review, and each report of the Inspector 

General relating to that review available to the public. 

(f) DEFINITION.—In this section, the definition of ‘‘identifiable 

form’’ is consistent with Public Law 107–347, the E-Government Act 

of 2002, and means any representation of information that permits 

the identity of an individual to whom the information applies to be 

reasonably inferred by either direct or indirect means. 

SEC. 523. None of the funds made available under this Act may 

be obligated or expended to establish or implement a pilot program 

under which not more than 10 designated essential air service communities located in proximity to hub airports are required to assume 10 percent of their essential air subsidy costs for a 4-year period commonly referred to as the EAS local participation program. 

SEC. 524. None of the funds made available in this Act may be 

used by the Council of Economic Advisers to produce an Economic 

Report of the President regarding the inclusion of employment at a 

retail fast food restaurant as part of the definition of manufacturing 

employment. 

SEC. 525. Section 302(e)(3)(B) of the Federal Election Campaign 

Act of 1971 (2 U.S.C. 432(e)(3)(B)) is amended by striking ‘‘$1,000’’ 

and inserting in its place ‘‘$2,000’’. 

SEC. 526. The Former Presidents Act, 3 U.S.C. 102, note, is 

amended to add the following at the end of Section 1(b): ‘‘Amounts 

provided for ‘Allowances and Office Staff for Former Presidents’ 

may be used to pay fees of an independent contractor who is not a 

member of the staff of the office of a former President for the review 

of Presidential records of a former President in connection with the 

transfer of such records to the National Archives and Records Administration or a Presidential Library without regard to the limitation on staff compensation set forth herein.’’. 

SEC. 527. Of funds so made available in Items 18 and 19 of the 

table contained in Section 3031 of Public Law 105–178, $5,000,000 

shall be available for the Buffalo, New York Inner Harbor Redevelopment Project; of funds made available in Public Law 104–50 for 

Crossroads Intermodal Station, New York, $1,000,000 shall be 

available for the Buffalo Inner Harbor Redevelopment Project; of the 

funds made available in Public 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 

466 

facility, $500,000 shall be available for the Buffalo, New York Inner 

Harbor Redevelopment Project; of funds made available in Public 

Law 108–7 for Buffalo Intermodal Transportation Center, 

$5,000,000 shall be available for the Buffalo, New York Inner Harbor Redevelopment Project. 

SEC. 528. Funds in this Act that are apportioned to the 

Charleston Area Regional Transportation Authority to carry out section 5307 of title 49, United States Code, may be used to acquire 

land, equipment, or facilities used in public transportation from another governmental authority in the same geographic area: Provided, That the non-Federal share under section 5307 may include 

revenues from the sale of advertising and concessions. 

SEC. 529. To the extent that funds remain available within the 

current budget for the project, the Secretary shall amend the Full 

Funding Grant Agreement for the Tri-Met Interstate light rail extension in Portland, Oregon, to allow acquisition of up to a total of 

twenty-four light rail vehicles. 

SEC. 530. Section 1023(h) of the Intermodal Surface Transportation Efficiency Act of 1991 (23 U.S.C. 127 note; Public Law 102– 

240 as amended by Section 347 of Public Law 108–7) is amended 

in paragraph (1) by striking ‘‘October 1, 2003’’ and inserting ‘‘October 1, 2005’’. 

SEC. 531. Unobligated funds in an amount not to exceed $4,500,000 that were designated to the North Country County Consortium, New York project in the conference report accompanying 

Public Law 108–99 under the Job Access and Reverse Commute Account shall be transferred to and administered under the bus category of the Capital Investment Grants Account and available for 

North Country Bus and Bus Related Equipment. 

SEC. 532. Section 312a(a) of the Federal Election Campaign Act 

of 1971 (2 U.S.C. 439a(a)) is amended— 

(1) by striking the ‘‘or’’ at the end of paragraph (a)(3); 

(2) by striking the period, and adding a semi-colon at the 

end of paragraph (a)(4); 

(3) by adding a new paragraph (a)(5) to read as follows: 

‘‘(5) for donations to State and local candidates subject to the 

provisions of State law; or’’; and 

(4) by adding a new paragraph (a)(6) to read as follows: 

‘‘(6) for any other lawful purpose unless prohibited by subsection (b) of this section.’’. 

SEC. 533. From funds made available in this Act under the 

headings ‘‘White House Office’’, ‘‘Executive Residence at the White 

House’’, ‘‘White House Repair and Restoration’’, ‘‘Council of Economic Advisors’’, ‘‘Office of Policy Development’’, ‘‘National Security 

Council’’, ‘‘Office of Administration’’, ‘‘Office of Management and 

Budget’’, ‘‘Office of National Drug Control Policy’’, ‘‘Special Assistance to the President’’, and ‘‘Official Residence of the Vice President’’, the Director of the Office of Management and Budget (or such 

other officer as the President may designate in writing), may, fifteen 

days after giving notice to the House and Senate Committees on Appropriations, transfer not to exceed ten percent of any such appropriation to any other such appropriation, to be merged with and 

available for the same time and for the same purposes as the appropriation to which transferred: Provided, That the amount of an appropriation shall not be increased by more than fifty percent by such 

467 

transfers: Provided further, That no amount shall be transferred 

from ‘‘Special Assistance to the President’’ or ‘‘Official Residence of 

the Vice President’’ without the approval of the Vice President. 

TITLE VI 

GENERAL PROVISIONS 

DEPARTMENTS, AGENCIES, AND CORPORATIONS

SEC. 601. Funds appropriated in this or any other Act may be 

used to pay travel to the United States for the immediate family of 

employees serving abroad in cases of death or life threatening illness of said employee. 

SEC. 602. No department, agency, or instrumentality of the 

United States receiving appropriated funds under this or any other 

Act for fiscal year 2005 shall obligate or expend any such funds, unless such department, agency, or instrumentality has in place, and 

will continue to administer in good faith, a written policy designed 

to ensure that all of its workplaces are free from the illegal use, possession, or distribution of controlled substances (as defined in the 

Controlled Substances Act) by the officers and employees of such department, agency, or instrumentality. 

SEC. 603. Unless otherwise specifically provided, the maximum 

amount allowable during the current fiscal year in accordance with 

section 16 of the Act of August 2, 1946 (60 Stat. 810), for the purchase of any passenger motor vehicle (exclusive of buses, ambulances, law enforcement, and undercover surveillance vehicles), is 

hereby fixed at $8,100 except station wagons for which the maximum shall be $9,100: Provided, That these limits may be exceeded 

by not to exceed $3,700 for police-type vehicles, and by not to exceed 

$4,000 for special heavy-duty vehicles: Provided further, That the 

limits set forth in this section may not be exceeded by more than 5 

percent for electric or hybrid vehicles purchased for demonstration 

under the provisions of the Electric and Hybrid Vehicle Research, 

Development, and Demonstration Act of 1976: Provided further, 

That the limits set forth in this section may be exceeded by the incremental cost of clean alternative fuels vehicles acquired pursuant 

to Public Law 101–549 over the cost of comparable conventionally 

fueled vehicles. 

SEC. 604. Appropriations of the executive departments and 

independent establishments for the current fiscal year available for 

expenses of travel, or for the expenses of the activity concerned, are 

hereby made available for quarters allowances and cost-of-living allowances, in accordance with 5 U.S.C. 5922–5924. 

SEC. 605. Unless otherwise specified during the current fiscal 

year, no part of any appropriation contained in this or any other Act 

shall be used to pay the compensation of any officer or employee of 

the Government of the United States (including any agency the majority of the stock of which is owned by the Government of the 

United States) whose post of duty is in the continental United 

States unless such person: (1) is a citizen of the United States; (2) 

is a person in the service of the United States on the date of the enactment of this Act who, being eligible for citizenship, has filed a 

declaration of intention to become a citizen of the United States 

prior to such date and is actually residing in the United States; (3) 

468 

is a person who owes allegiance to the United States; (4) is an alien 

from Cuba, Poland, South Vietnam, the countries of the former Soviet Union, or the Baltic countries lawfully admitted to the United 

States for permanent residence; (5) is a South Vietnamese, Cambodian, or Laotian refugee paroled in the United States after January 1, 1975; or (6) is a national of the People’s Republic of China 

who qualifies for adjustment of status pursuant to the Chinese Student Protection Act of 1992: Provided, That for the purpose of this 

section, an affidavit signed by any such person shall be considered 

prima facie evidence that the requirements of this section with respect to his or her status have been complied with: Provided further, 

That any person making a false affidavit shall be guilty of a felony, 

and, upon conviction, shall be fined no more than $4,000 or imprisoned for not more than 1 year, or both: Provided further, That the 

above penal clause shall be in addition to, and not in substitution 

for, any other provisions of existing law: Provided further, That any 

payment made to any officer or employee contrary to the provisions 

of this section shall be recoverable in action by the Federal Government. This section shall not apply to citizens of Ireland, Israel, or 

the Republic of the Philippines, or to nationals of those countries allied with the United States in a current defense effort, or to international broadcasters employed by the United States Information 

Agency, or to temporary employment of translators, or to temporary 

employment in the field service (not to exceed 60 days) as a result 

of emergencies. 

SEC. 606. Appropriations available to any department or agency 

during the current fiscal year for necessary expenses, including 

maintenance or operating expenses, shall also be available for payment to the General Services Administration for charges for space 

and services and those expenses of renovation and alteration of 

buildings and facilities which constitute public improvements performed in accordance with the Public Buildings Act of 1959 (73 

Stat. 749), the Public Buildings Amendments of 1972 (87 Stat. 216), 

or other applicable law. 

SEC. 607. In addition to funds provided in this or any other 

Act, all Federal agencies are authorized to receive and use funds resulting from the sale of materials, including Federal records disposed of pursuant to a records schedule recovered through recycling 

or waste prevention programs. Such funds shall be available until 

expended for the following purposes: 

(1) Acquisition, waste reduction and prevention, and recycling programs as described in Executive Order No. 13101 (September 14, 1998), including any such programs adopted prior 

to the effective date of the Executive order. 

(2) Other Federal agency environmental management programs, including, but not limited to, the development and implementation of hazardous waste management and pollution 

prevention programs. 

(3) Other employee programs as authorized by law or as 

deemed appropriate by the head of the Federal agency. 

SEC. 608. Funds made available by this or any other Act for administrative expenses in the current fiscal year of the corporations 

and agencies subject to chapter 91 of title 31, United States Code, 

shall be available, in addition to objects for which such funds are 

otherwise available, for rent in the District of Columbia; services in 

469 

accordance with 5 U.S.C. 3109; and the objects specified under this 

head, all the provisions of which shall be applicable to the expenditure of such funds unless otherwise specified in the Act by which 

they are made available: Provided, That in the event any functions 

budgeted as administrative expenses are subsequently transferred to 

or paid from other funds, the limitations on administrative expenses 

shall be correspondingly reduced. 

SEC. 609. No part of any appropriation for the current fiscal 

year contained in this or any other Act shall be paid to any person 

for the filling of any position for which he or she has been nominated after the Senate has voted not to approve the nomination of 

said person. 

SEC. 610. No part of any appropriation contained in this or any 

other Act shall be available for interagency financing of boards (except Federal Executive Boards), commissions, councils, committees, 

or similar groups (whether or not they are interagency entities) 

which do not have a prior and specific statutory approval to receive 

financial support from more than one agency or instrumentality. 

SEC. 611. Funds made available by this or any other Act to the 

Postal Service Fund (39 U.S.C. 2003) shall be available for employment of guards for all buildings and areas owned or occupied by 

the Postal Service and under the charge and control of the Postal 

Service, and such guards shall have, with respect to such property, 

the powers of special policemen provided by the first section of the 

Act of June 1, 1948, as amended (62 Stat. 281; 40 U.S.C. 318), and, 

as to property owned or occupied by the Postal Service, the Postmaster General may take the same actions as the Administrator of 

General Services may take under the provisions of sections 2 and 3 

of the Act of June 1, 1948, as amended (62 Stat. 281; 40 U.S.C. 

318a and 318b), attaching thereto penal consequences under the authority and within the limits provided in section 4 of the Act of June 

1, 1948, as amended (62 Stat. 281; 40 U.S.C. 318c). 

SEC. 612. None of the funds made available pursuant to the 

provisions of this Act shall be used to implement, administer, or enforce any regulation which has been disapproved pursuant to a resolution of disapproval duly adopted in accordance with the applicable law of the United States. 

SEC. 613. (a) Notwithstanding any other provision of law, and 

except as otherwise provided in this section, no part of any of the 

funds appropriated for fiscal year 2005, by this or any other Act, 

may be used to pay any prevailing rate employee described in section 5342(a)(2)(A) of title 5, United States Code— 

(1) during the period from the date of expiration of the limitation imposed by the comparable section for previous fiscal 

years until the normal effective date of the applicable wage survey adjustment that is to take effect in fiscal year 2005, in an 

amount that exceeds the rate payable for the applicable grade 

and step of the applicable wage schedule in accordance with 

such section; and 

(2) during the period consisting of the remainder of fiscal 

year 2005, in an amount that exceeds, as a result of a wage survey adjustment, the rate payable under paragraph (1) by more 

than the sum of— 

470 

(A) the percentage adjustment taking effect in fiscal 

year 2005 under section 5303 of title 5, United States Code, 

in the rates of pay under the General Schedule; and 

(B) the difference between the overall average percentage of the locality-based comparability payments taking effect in fiscal year 2005 under section 5304 of such title 

(whether by adjustment or otherwise), and the overall average percentage of such payments which was effective in the 

previous fiscal year under such section. 

(b) Notwithstanding any other provision of law, no prevailing 

rate employee described in subparagraph (B) or (C) of section 

5342(a)(2) of title 5, United States Code, and no employee covered 

by section 5348 of such title, may be paid during the periods for 

which subsection (a) is in effect at a rate that exceeds the rates that 

would be payable under subsection (a) were subsection (a) applicable to such employee. 

(c) For the purposes of this section, the rates payable to an employee who is covered by this section and who is paid from a schedule not in existence on September 30, 2004, shall be determined 

under regulations prescribed by the Office of Personnel Management. 

(d) Notwithstanding any other provision of law, rates of premium pay for employees subject to this section may not be changed 

from the rates in effect on September 30, 2004, except to the extent 

determined by the Office of Personnel Management to be consistent 

with the purpose of this section. 

(e) This section shall apply with respect to pay for service performed after September 30, 2004. 

(f) For the purpose of administering any provision of law (including any rule or regulation that provides premium pay, retirement, life insurance, or any other employee benefit) that requires 

any deduction or contribution, or that imposes any requirement or 

limitation on the basis of a rate of salary or basic pay, the rate of 

salary or basic pay payable after the application of this section shall 

be treated as the rate of salary or basic pay. 

(g) Nothing in this section shall be considered to permit or require the payment to any employee covered by this section at a rate 

in excess of the rate that would be payable were this section not in 

effect. 

(h) The Office of Personnel Management may provide for exceptions to the limitations imposed by this section if the Office determines that such exceptions are necessary to ensure the recruitment 

or retention of qualified employees. 

SEC. 614. During the period in which the head of any department or agency, or any other officer or civilian employee of the Government appointed by the President of the United States, holds office, no funds may be obligated or expended in excess of $5,000 to 

furnish or redecorate the office of such department head, agency 

head, officer, or employee, or to purchase furniture or make improvements for any such office, unless advance notice of such furnishing or redecoration is expressly approved by the Committees on 

Appropriations. For the purposes of this section, the term ‘‘office’’ 

shall include the entire suite of offices assigned to the individual, 

as well as any other space used primarily by the individual or the 

use of which is directly controlled by the individual. 

471 

SEC. 615. Notwithstanding section 1346 of title 31, United 

States Code, or section 610 of this Act, funds made available for the 

current fiscal year by this or any other Act shall be available for the 

interagency funding of national security and emergency preparedness telecommunications initiatives which benefit multiple Federal 

departments, agencies, or entities, as provided by Executive Order 

No. 12472 (April 3, 1984). 

SEC. 616. (a) None of the funds appropriated by this or any 

other Act may be obligated or expended by any Federal department, 

agency, or other instrumentality for the salaries or expenses of any 

employee appointed to a position of a confidential or policy-determining character excepted from the competitive service pursuant to 

section 3302 of title 5, United States Code, without a certification 

to the Office of Personnel Management from the head of the Federal 

department, agency, or other instrumentality employing the Schedule C appointee that the Schedule C position was not created solely 

or primarily in order to detail the employee to the White House. 

(b) The provisions of this section shall not apply to Federal employees or members of the armed services detailed to or from— 

(1) the Central Intelligence Agency; 

(2) the National Security Agency; 

(3) the Defense Intelligence Agency; 

(4) the offices within the Department of Defense for the collection of specialized national foreign intelligence through reconnaissance programs; 

(5) the Bureau of Intelligence and Research of the Department of State; 

(6) any agency, office, or unit of the Army, Navy, Air Force, 

and Marine Corps, the Department of Homeland Security, the 

Federal Bureau of Investigation and the Drug Enforcement Administration of the Department of Justice, the Department of 

Transportation, the Department of the Treasury, and the Department of Energy performing intelligence functions; and 

(7) the Director of Central Intelligence. 

SEC. 617. No department, agency, or instrumentality of the 

United States receiving appropriated funds under this or any other 

Act for the current fiscal year shall obligate or expend any such 

funds, unless such department, agency, or instrumentality has in 

place, and will continue to administer in good faith, a written policy 

designed to ensure that all of its workplaces are free from discrimination and sexual harassment and that all of its workplaces are not 

in violation of title VII of the Civil Rights Act of 1964, as amended, 

the Age Discrimination in Employment Act of 1967, and the Rehabilitation Act of 1973. 

SEC. 618. No part of any appropriation contained in this or any 

other Act shall be available for the payment of the salary of any officer or employee of the Federal Government, who— 

(1) prohibits or prevents, or attempts or threatens to prohibit or prevent, any other officer or employee of the Federal 

Government from having any direct oral or written communication or contact with any Member, committee, or subcommittee 

of the Congress in connection with any matter pertaining to the 

employment of such other officer or employee or pertaining to 

the department or agency of such other officer or employee in 

any way, irrespective of whether such communication or contact 

472 

is at the initiative of such other officer or employee or in response to the request or inquiry of such Member, committee, or 

subcommittee; or 

(2) removes, suspends from duty without pay, demotes, reduces in rank, seniority, status, pay, or performance of efficiency rating, denies promotion to, relocates, reassigns, transfers, disciplines, or discriminates in regard to any employment 

right, entitlement, or benefit, or any term or condition of employment of, any other officer or employee of the Federal Government, or attempts or threatens to commit any of the foregoing actions with respect to such other officer or employee, by 

reason of any communication or contact of such other officer or 

employee with any Member, committee, or subcommittee of the 

Congress as described in paragraph (1). 

SEC. 619. (a) None of the funds made available in this or any 

other Act may be obligated or expended for any employee training 

that— 

(1) does not meet identified needs for knowledge, skills, and 

abilities bearing directly upon the performance of official duties; 

(2) contains elements likely to induce high levels of emotional response or psychological stress in some participants; 

(3) does not require prior employee notification of the content and methods to be used in the training and written end of 

course evaluation; 

(4) contains any methods or content associated with religious or quasi-religious belief systems or ‘‘new age’’ belief systems as defined in Equal Employment Opportunity Commission 

Notice N–915.022, dated September 2, 1988; or 

(5) is offensive to, or designed to change, participants’ personal values or lifestyle outside the workplace. 

(b) Nothing in this section shall prohibit, restrict, or otherwise 

preclude an agency from conducting training bearing directly upon 

the performance of official duties. 

SEC. 620. No funds appropriated in this or any other Act may 

be used to implement or enforce the agreements in Standard Forms 

312 and 4414 of the Government or any other nondisclosure policy, 

form, or agreement if such policy, form, or agreement does not contain the following provisions: ‘‘These restrictions are consistent with 

and do not supersede, conflict with, or otherwise alter the employee 

obligations, rights, or liabilities created by Executive Order No. 

12958; section 7211 of title 5, United States Code (governing disclosures to Congress); section 1034 of title 10, United States Code, as 

amended by the Military Whistleblower Protection Act (governing 

disclosure to Congress by members of the military); section 

2302(b)(8) of title 5, United States Code, as amended by the Whistleblower Protection Act (governing disclosures of illegality, waste, 

fraud, abuse or public health or safety threats); the Intelligence 

Identities Protection Act of 1982 (50 U.S.C. 421 et seq.) (governing 

disclosures that could expose confidential Government agents); and 

the statutes which protect against disclosure that may compromise 

the national security, including sections 641, 793, 794, 798, and 952 

of title 18, United States Code, and section 4(b) of the Subversive 

Activities Act of 1950 (50 U.S.C. 783(b)). The definitions, requirements, obligations, rights, sanctions, and liabilities created by said 

Executive order and listed statutes are incorporated into this agreeVerDate Aug 04 2004 07:33 Dec 01, 2004 Jkt 096906 PO 00000 Frm 00476 Fmt 6659 Sfmt 6603 E:\HR\OC\HR792.XXX HR792
473 

ment and are controlling.’’: Provided, That notwithstanding the preceding paragraph, a nondisclosure policy form or agreement that is 

to be executed by a person connected with the conduct of an intelligence or intelligence-related activity, other than an employee or officer of the United States Government, may contain provisions appropriate to the particular activity for which such document is to be 

used. Such form or agreement shall, at a minimum, require that the 

person will not disclose any classified information received in the 

course of such activity unless specifically authorized to do so by the 

United States Government. Such nondisclosure forms shall also 

make it clear that they do not bar disclosures to Congress or to an 

authorized official of an executive agency or the Department of Justice that are essential to reporting a substantial violation of law. 

SEC. 621. No part of any funds appropriated in this or any 

other Act shall be used by an agency of the executive branch, other 

than for normal and recognized executive-legislative relationships, 

for publicity or propaganda purposes, and for the preparation, distribution or use of any kit, pamphlet, booklet, publication, radio, television or film presentation designed to support or defeat legislation 

pending before the Congress, except in presentation to the Congress 

itself. 

SEC. 622. None of the funds appropriated by this or any other 

Act may be used by an agency to provide a Federal employee’s home 

address to any labor organization except when the employee has authorized such disclosure or when such disclosure has been ordered 

by a court of competent jurisdiction. 

SEC. 623. None of the funds made available in this Act or any 

other Act may be used to provide any non-public information such 

as mailing or telephone lists to any person or any organization outside of the Federal Government without the approval of the Committees on Appropriations. 

SEC. 624. No part of any appropriation contained in this or any 

other Act shall be used for publicity or propaganda purposes within 

the United States not heretofor authorized by the Congress. 

SEC. 625. (a) In this section the term ‘‘agency’’— 

(1) means an Executive agency as defined under section 105 

of title 5, United States Code; 

(2) includes a military department as defined under section 

102 of such title, the Postal Service, and the Postal Rate Commission; and 

(3) shall not include the Government Accountability Office. 

(b) Unless authorized in accordance with law or regulations to 

use such time for other purposes, an employee of an agency shall use 

official time in an honest effort to perform official duties. An employee not under a leave system, including a Presidential appointee 

exempted under section 6301(2) of title 5, United States Code, has 

an obligation to expend an honest effort and a reasonable proportion of such employee’s time in the performance of official duties. 

SEC. 626. Notwithstanding 31 U.S.C. 1346 and section 610 of 

this Act, funds made available for the current fiscal year by this or 

any other Act to any department or agency, which is a member of 

the Joint Financial Management Improvement Program (JFMIP), 

shall be available to finance an appropriate share of JFMIP administrative costs, as determined by the JFMIP, but not to exceed a 

474 

total of $800,000 including the salary of the Executive Director and 

staff support. 

SEC. 627. Notwithstanding 31 U.S.C. 1346 and section 610 of 

this Act, the head of each Executive department and agency is hereby authorized to transfer to or reimburse ‘‘General Services Administration, Government-wide Policy’’ with the approval of the Director 

of the Office of Management and Budget, funds made available for 

the current fiscal year by this or any other Act, including rebates 

from charge card and other contracts: Provided, That these funds 

shall be administered by the Administrator of General Services to 

support Government-wide financial, information technology, procurement, and other management innovations, initiatives, and activities, as approved by the Director of the Office of Management 

and Budget, in consultation with the appropriate interagency 

groups designated by the Director (including the Chief Financial Officers Council and the Joint Financial Management Improvement 

Program for financial management initiatives, the Chief Information Officers Council for information technology initiatives, the 

Chief Human Capital Officers Council for human capital initiatives, and the Federal Acquisition Council for procurement initiatives). The total funds transferred or reimbursed shall not exceed 

$17,000,000. Such transfers or reimbursements may only be made 

15 days following notification of the Committees on Appropriations 

by the Director of the Office of Management and Budget. 

SEC. 628. None of the funds made available in this or any other 

Act may be used by the Office of Personnel Management or any 

other department or agency of the Federal Government to prohibit 

any agency from using appropriated funds as they see fit to independently contract with private companies to provide online employment applications and processing services. 

SEC. 629. Notwithstanding any other provision of law, a 

woman may breastfeed her child at any location in a Federal building or on Federal property, if the woman and her child are otherwise authorized to be present at the location. 

SEC. 630. Nothwithstanding section 1346 of title 31, United 

States Code, or section 610 of this Act, funds made available for the 

current fiscal year by this or any other Act shall be available for the 

interagency funding of specific projects, workshops, studies, and 

similar efforts to carry out the purposes of the National Science and 

Technology Council (authorized by Executive Order No. 12881), 

which benefit multiple Federal departments, agencies, or entities: 

Provided, That the Office of Management and Budget shall provide 

a report describing the budget of and resources connected with the 

National Science and Technology Council to the Committees on Appropriations, the House Committee on Science; and the Senate Committee on Commerce, Science, and Transportation 90 days after enactment of this Act. 

SEC. 631. Any request for proposals, solicitation, grant application, form, notification, press release, or other publications involving 

the distribution of Federal funds shall indicate the agency providing 

the funds, the Catalog of Federal Domestic Assistance Number, as 

applicable, and the amount provided: Provided, That this provision 

shall apply to direct payments, formula funds, and grants received 

by a State receiving Federal funds. 

475 

SEC. 632. Subsection (f) of section 403 of Public Law 103–356 

(31 U.S.C. 501 note), as amended, is further amended by striking 

‘‘October 1, 2004’’ and inserting ‘‘October 1, 2005’’. 

SEC. 633. (a) PROHIBITION OF FEDERAL AGENCY MONITORING

OF INDIVIDUALS’ INTERNET USE.—None of the funds made available 

in this or any other Act may be used by any Federal agency— 

(1) to collect, review, or create any aggregation of data, derived from any means, that includes any personally identifiable 

information relating to an individual’s access to or use of any 

Federal Government Internet site of the agency; or 

(2) to enter into any agreement with a third party (including another government agency) to collect, review, or obtain any 

aggregation of data, derived from any means, that includes any 

personally identifiable information relating to an individual’s 

access to or use of any nongovernmental Internet site. 

(b) EXCEPTIONS.—The limitations established in subsection (a) 

shall not apply to— 

(1) any record of aggregate data that does not identify particular persons; 

(2) any voluntary submission of personally identifiable information; 

(3) any action taken for law enforcement, regulatory, or supervisory purposes, in accordance with applicable law; or 

(4) any action described in subsection (a)(1) that is a system security action taken by the operator of an Internet site and 

is necessarily incident to the rendition of the Internet site services or to the protection of the rights or property of the provider 

of the Internet site. 

(c) DEFINITIONS.—For the purposes of this section: 

(1) The term ‘‘regulatory’’ means agency actions to implement, interpret or enforce authorities provided in law. 

(2) The term ‘‘supervisory’’ means examinations of the agency’s supervised institutions, including assessing safety and 

soundness, overall financial condition, management practices 

and policies and compliance with applicable standards as provided in law. 

SEC. 634. (a) None of the funds appropriated by this Act may 

be used to enter into or renew a contract which includes a provision 

providing prescription drug coverage, except where the contract also 

includes a provision for contraceptive coverage. 

(b) Nothing in this section shall apply to a contract with— 

(1) any of the following religious plans: 

(A) Personal Care’s HMO; and 

(B) OSF Health Plans, Inc.; and 

(2) any existing or future plan, if the carrier for the plan 

objects to such coverage on the basis of religious beliefs. 

(c) In implementing this section, any plan that enters into or renews a contract under this section may not subject any individual 

to discrimination on the basis that the individual refuses to prescribe or otherwise provide for contraceptives because such activities 

would be contrary to the individual’s religious beliefs or moral convictions. 

(d) Nothing in this section shall be construed to require coverage of abortion or abortion-related services. 

476 

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 (a) an individual with an unsatisfactory credit history 

where such card is used to pay travel expenses and the agency determines there is no suitable alternative payment mechanism available 

before issuing the card, or (b) an individual who lacks a credit history. Each Executive department and agency shall establish guidelines and procedures for disciplinary actions to be taken against 

agency personnel for improper, fraudulent, or abusive use of government charge cards, which shall include appropriate disciplinary actions for use of charge cards for purposes, and at establishments, 

that are inconsistent with the official business of the Department or 

agency or with applicable standards of conduct. 

SEC. 640. (a) The adjustment in rates of basic pay for employees 

under the statutory pay systems that takes effect in fiscal year 2005 

under sections 5303 and 5304 of title 5, United States Code, shall 

be an increase of 3.5 percent, and this adjustment shall apply to civilian employees in the Department of Defense and the Department 

477 

of Homeland Security and such adjustments shall be effective as of 

the first day of the first applicable pay period beginning on or after 

January 1, 2005. 

(b) Notwithstanding section 613 of this Act, the adjustment in 

rates of basic pay for the statutory pay systems that take place in 

fiscal year 2005 under sections 5344 and 5348 of title 5, United 

States Code, shall be no less than the percentage in paragraph (a) 

as employees in the same location whose rates of basic pay are adjusted pursuant to the statutory pay systems under section 5303 and 

5304 of title 5, United States Code. Prevailing rate employees at locations where there are no employees whose pay is increased pursuant to sections 5303 and 5304 of title 5 and prevailing rate employees described in section 5343(a)(5) of title 5 shall be considered to 

be located in the pay locality designated as ‘‘Rest of US’’ pursuant 

to section 5304 of title 5 for purposes of this paragraph. 

(c) Funds used to carry out this section shall be paid from appropriations, which are made to each applicable department or 

agency for salaries and expenses for fiscal year 2005. 

SEC. 641. (a) Not later than 180 days after the end of the fiscal 

year, the head of each Federal agency shall submit a report to Congress on the amount of the acquisitions made by the agency from 

entities that manufacture the articles, materials, or supplies outside 

of the United States in that fiscal year. 

(b) The report required by subsection (a) shall separately indicate— 

(1) the dollar value of any articles, materials, or supplies 

purchased that were manufactured outside of the United States; 

(2) an itemized list of all waivers granted with respect to 

such articles, materials, or supplies under the Buy American 

Act (41 U.S.C. 10a et seq.); and 

(3) a summary of the total procurement funds spent on 

goods manufactured in the United States versus funds spent on 

goods manufactured outside of the United States. 

(c) The head of each Federal agency submitting a report under 

subsection (a) shall make the report publicly available to the maximum extent practicable. 

(d) This section shall not apply to acquisitions made by an 

agency, or component thereof, that is an element of the intelligence 

community as set forth in or designated under section 3(4) of the 

National Security Act of 1947 (50 U.S.C. 401a(4)). 

SEC. 642. Notwithstanding any other provision of law, no executive branch agency shall purchase, construct, and/or lease any additional facilities, except within or contiguous to existing locations, 

to be used for the purpose of conducting Federal law enforcement 

training without the advance approval of the Committees on Appropriations, except that the Federal Law Enforcement Training Center 

is authorized to obtain the temporary use of additional facilities by 

lease, contract, or other agreement for training which cannot be accommodated in existing Center facilities. 

SEC. 643. (a) IN GENERAL.—Section 6402 of title 26, United 

States Code, is amended by redesignating subsections (f) through (k) 

as subsections (g) through (l), respectively, and by inserting after 

subsection (e) the following new subsection: 

‘‘(f) COLLECTION OF PAST-DUE, LEGALLY ENFORCEABLE STATE

UNEMPLOYMENT COMPENSATION DEBTS.— 

478 

‘‘(1) IN GENERAL.—Upon receiving notice from any State 

that a person owes a past-due, legally enforceable State unemployment compensation debt to such State, the Secretary shall, 

under such conditions as may be prescribed by the Secretary— 

‘‘(A) reduce the amount of any overpayment payable to 

such person by the amount of such unemployment compensation debt; 

‘‘(B) pay the amount by which such overpayment is reduced under subparagraph (A) to such State and notify 

such State of such person’s name, taxpayer identification 

number, address, and the amount collected; and 

‘‘(C) notify the person making such overpayment that 

the overpayment has been reduced by an amount necessary 

to satisfy a past-due, legally enforceable State unemployment compensation debt. If an offset is made pursuant to 

a joint return, the notice under subparagraph (B) shall include the names, taxpayer identification numbers, and addresses of each person filing such return. 

‘‘(2) PRIORITIES FOR OFFSET.—Any overpayment by a person 

shall be reduced pursuant to this subsection— 

‘‘(A) after such overpayment is reduced pursuant to— 

‘‘(i) subsection (a) with respect to any liability for 

any internal revenue tax on the part of the person who 

made the overpayment; 

‘‘(ii) subsection (c) with respect to past-due support; 

‘‘(iii) subsection (d) with respect to any past-due, 

legally enforceable debt owed to a Federal agency; and 

‘‘(B) before such overpayment is credited to the future 

liability for any Federal internal revenue tax of such person 

pursuant to subsection (b). If the Secretary receives notice 

from a State or States of more than one debt subject to 

paragraph (1) and/or subsection (e) that is owed by a person to such State or States, any overpayment by such person shall be applied against such debts in the order in 

which such debts accrued. 

‘‘(3) NOTICE; CONSIDERATION OF EVIDENCE.—No State may 

take action under this subsection until such State— 

‘‘(A) notifies the person owing the past-due legally enforceable State unemployment compensation debt that the 

State proposes to take action pursuant to this section; 

‘‘(B) gives such person at least 60 days to present evidence that all or part of such liability is not past-due or not 

legally enforceable; 

‘‘(C) considers any evidence presented by such person 

and determines that an amount of such debt is past-due 

and legally enforceable; and 

‘‘(D) satisfies such other conditions as the Secretary 

may prescribe to ensure that the determination made under 

subparagraph (C) is valid and that the State has made reasonable efforts to obtain payment of such unemployment 

compensation debt. 

‘‘(4) PAST-DUE, LEGALLY ENFORCEABLE STATE UNEMPLOY- MENT COMPENSATION DEBT.—For purposes of this subsection, 

the term ‘past-due, legally enforceable State unemployment compensation debt’ means overpayments of unemployment comVerDate Aug 04 2004 07:33 Dec 01, 2004 Jkt 096906 PO 00000 Frm 00482 Fmt 6659 Sfmt 6603 E:\HR\OC\HR792.XXX HR792
479 

pensation assessed under the law of a State certified by the Secretary of Labor pursuant to section 3304 of the Internal Revenue Code, which have become final under State law and remain uncollected. 

‘‘(5) REGULATIONS.—The Secretary shall issue regulations 

prescribing the time and manner in which States must submit 

notices of past-due, legally enforceable State unemployment 

compensation debt and the necessary information that must be 

contained in or accompany such notices. The regulations shall 

specify the minimum amount of debt to which the reduction 

procedure established by paragraph (1) may be applied. The 

regulations may require States to pay a fee to the Secretary, 

which may be deducted from amounts collected, to reimburse 

the Secretary for the cost of applying such procedure. Any fee 

paid to the Secretary pursuant to the preceding sentence shall 

be used to reimburse appropriations which bore all or part of 

the cost of applying such procedure. The regulations may include a requirement that States submit notices of past-due, legally enforceable State unemployment compensation debt to the 

Secretary via the Secretary of Labor in accordance with procedures established by the Secretary of Labor. Such procedures 

may require States to pay a fee to the Secretary of Labor to reimburse the Secretary of Labor for the costs of applying this 

subsection. Any such fee shall be established in consultation 

with the Secretary of the Treasury. Any fee paid to the Secretary 

of Labor may be deducted from amounts collected and shall be 

used to reimburse the appropriation account which bore all or 

part of the cost of applying this subsection. 

‘‘(6) ERRONEOUS PAYMENT TO STATE.—Any State receiving 

notice from the Secretary that an erroneous payment has been 

made to such State under paragraph (1) shall pay promptly to 

the Secretary, in accordance with such regulations as the Secretary may prescribe, an amount equal to the amount of such 

erroneous payment (without regard to whether any other 

amounts payable to such State under such paragraph have been 

paid to such State).’’. 

(b) Disclosure of certain information to States requesting refund 

offsets for past-due legally enforceable State unemployment compensation debt. 

(1) Paragraph (10) of section 6103(l) is amended by striking 

‘‘(c), (d), or (e)’’ each place it appears and inserting ‘‘(c), (d), (e) 

or (f).’’ 

(2) Paragraph (10)(A) of section 6103(l) is amended by inserting ‘‘and to officers and employees of the Department of 

Labor in connection with a reduction under subsection (f) of section 6402’’ after the words ‘‘section 6402’’. 

(3) The heading of paragraph (10) is amended by striking 

‘‘subsection (c), (d), or (e) of section 6402 and inserting ‘‘subsection (c), (d), (e) or (f) of section 6402.’’. 

(c) CONFORMING AMENDMENTS.— 

(1) Subsection (a) of section 6402 is amended by striking 

‘‘(c), (d), and (e),’’ and inserting ‘‘(c), (d), (e) and (f)’’. 

(2) Paragraph (2) of section 6402(d) is amended by striking 

‘‘and before such overpayment is reduced pursuant to subsection 

480 

(e)’’ and inserting ‘‘and before such overpayment is reduced pursuant to subsections (e) and (f)’’. 

(3) Subsection (g) of section 6402, as redesignated by subsection (a), is amended by striking ‘‘(c), (d) or (e)’’ and inserting 

‘‘(c), (d), (e) or (f)’’. 

(4) Subsection (i) of section 6402, as redesignated by subsection (a), is amended by striking ‘‘subsection (c) or (e)’’ and inserting ‘‘subsection (c), (e) or (f)’’. 

(d) EFFECTIVE DATE.—The amendments made by this section 

shall be effective as to refunds payable under section 6402 of the Internal Revenue Code on or after the date of enactment. 

SEC. 644. Notwithstanding section 1346 of title 31, United 

States Code, and section 610 of this Act and any other provision of 

law, the head of each appropriate executive department and agency 

shall transfer to or reimburse the Federal Aviation Administration, 

upon the direction of the Director of the Office of Management and 

Budget, funds made available by this or any other Act for the purposes described below, and shall submit budget requests for such 

purposes. These funds shall be administered by the Federal Aviation Administration, in consultation with the appropriate interagency groups designated by the Director and shall be used to ensure the uninterrupted, continuous operation of the Midway Atoll 

Airfield by the Federal Aviation Administration pursuant to an 

operational agreement with the Department of the Interior for the 

entirety of fiscal year 2005 and any period thereafter that precedes 

the enactment of the Transportation, Treasury, and Independent 

Agencies Appropriations Act, 2006. The Director of the Office of 

Management and Budget shall mandate the necessary transfers 

after determining an equitable allocation between the appropriate 

executive departments and agencies of the responsibility for funding 

the continuous operation of the Midway Atoll Airfield based on, but 

not limited to, potential use, interest in maintaining aviation safety, 

and applicability to governmental operations and agency mission. 

The total funds transferred or reimbursed shall not exceed 

$6,000,000 for any twelve-month period. Such sums shall be sufficient to ensure continued operation of the airfield throughout the period cited above. Funds shall be available for operation of the airfield or airfield-related capital upgrades. The Director of the Office 

of Management and Budget shall notify the Committees on Appropriations of such transfers or reimbursements within 15 days of this 

Act. Such transfers or reimbursements shall begin within 30 days 

of enactment of this Act. 

SEC. 645. (a) DESIGNATION.—The United States courthouse located at 95 Seventh Street in San Francisco, California, shall be 

known and designated as the ‘‘James R. Browning United States 

Courthouse’’. 

(b) Any reference in a law, map, regulation, document, paper, 

or other record of the United States to the United States courthouse 

referred to in section (a) shall be deemed to be a reference to the 

‘‘James R. Browning United States Courthouse’’. 

This division may be cited as the ‘‘Transportation, Treasury, 

Independent Agencies, and General Government Appropriations Act, 

2005’’. 

481 

DIVISION I—DEPARTMENTS OF VETERANS AFFAIRS AND 

HOUSING AND URBAN DEVELOPMENT, AND INDEPENDENT AGENCIES APPROPRIATIONS ACT, 2005 

TITLE I—DEPARTMENT OF VETERANS AFFAIRS 

VETERANS BENEFITS ADMINISTRATION

COMPENSATION AND PENSIONS

(INCLUDING TRANSFER OF FUNDS)

For the payment of compensation benefits to or on behalf of veterans and a pilot program for disability examinations as authorized 

by law (38 U.S.C. 107, chapters 11, 13, 18, 51, 53, 55, and 61); pension benefits to or on behalf of veterans as authorized by law (38 

U.S.C. chapters 15, 51, 53, 55, and 61; 92 Stat. 2508); and burial 

benefits, emergency and other officers’ retirement pay, adjusted-service credits and certificates, payment of premiums due on commercial 

life insurance policies guaranteed under the provisions of article IV 

of the Soldiers’ and Sailors’ Civil Relief Act of 1940 (50 U.S.C. App. 

540 et seq.) and for other benefits as authorized by law (38 U.S.C. 

107, 1312, 1977, and 2106, chapters 23, 51, 53, 55, and 61; 50 

U.S.C. App. 540–548; 43 Stat. 122, 123; 45 Stat. 735; 76 Stat. 

1198), $32,607,688,000, to remain available until expended: Provided, That not to exceed $20,703,000 of the amount appropriated 

under this heading shall be reimbursed to ‘‘General operating expenses’’ and ‘‘Medical services’’ for necessary expenses in implementing those provisions authorized in the Omnibus Budget Reconciliation Act of 1990, and in the Veterans’ Benefits Act of 1992 (38 

U.S.C. chapters 51, 53, and 55), the funding source for which is specifically provided as the ‘‘Compensation and pensions’’ appropriation: Provided further, That such sums as may be earned on an actual qualifying patient basis, shall be reimbursed to ‘‘Medical facilities revolving fund’’ to augment the funding of individual medical 

facilities for nursing home care provided to pensioners as authorized. 

READJUSTMENT BENEFITS

For the payment of readjustment and rehabilitation benefits to 

or on behalf of veterans as authorized by law (38 U.S.C. chapters 

21, 30, 31, 34, 35, 36, 39, 51, 53, 55, and 61), $2,556,232,000, to 

remain available until expended: Provided, That expenses for rehabilitation program services and assistance which the Secretary is 

authorized to provide under section 3104(a) of title 38, United 

States Code, other than under subsection (a)(-1), (2), (5), and (11) 

of that section, shall be charged to this account. 

VETERANS INSURANCE AND INDEMNITIES

For military and naval insurance, national service life insurance, servicemen’s indemnities, service-disabled veterans insurance, 

and veterans mortgage life insurance as authorized by 38 U.S.C. 

chapter 19; 70 Stat. 887; 72 Stat. 487, $44,380,000, to remain available until expended. 

482 

VETERANS HOUSING BENEFIT PROGRAM FUND PROGRAM ACCOUNT

(INCLUDING TRANSFER OF FUNDS)

For the cost of direct and guaranteed loans, such sums as may 

be necessary to carry out the program, as authorized by 38 U.S.C. 

chapter 37, as amended: Provided, That such costs, including the 

cost of modifying such loans, shall be as defined in section 502 of 

the Congressional Budget Act of 1974, as amended: Provided further, That during fiscal year 2005, within the resources available, 

not to exceed $500,000 in gross obligations for direct loans are authorized for specially adapted housing loans. 

In addition, for administrative expenses to carry out the direct 

and guaranteed loan programs, $154,075,000, which may be transferred to and merged with the appropriation for ‘‘General operating 

expenses’’. 

VOCATIONAL REHABILITATION LOANS PROGRAM ACCOUNT

(INCLUDING TRANSFER OF FUNDS)

For the cost of direct loans, $47,000, as authorized by 38 U.S.C. 

chapter 31, as amended: Provided, That such costs, including the 

cost of modifying such loans, shall be as defined in section 502 of 

the Congressional Budget Act of 1974, as amended: Provided further, That funds made available under this heading are available 

to subsidize gross obligations for the principal amount of direct 

loans not to exceed $4,108,000. 

In addition, for administrative expenses necessary to carry out 

the direct loan program, $311,000, which may be transferred to and 

merged with the appropriation for ‘‘General operating expenses’’. 

NATIVE AMERICAN VETERAN HOUSING LOAN PROGRAM ACCOUNT

(INCLUDING TRANSFER OF FUNDS)

For administrative expenses to carry out the direct loan program authorized by 38 U.S.C. chapter 37, subchapter V, as amended, $571,000, which may be transferred to and merged with the appropriation for ‘‘General operating expenses’’: Provided, That no new 

loans in excess of $50,000,000 may be made in fiscal year 2005. 

GUARANTEED TRANSITIONAL HOUSING LOANS FOR HOMELESS

VETERANS PROGRAM ACCOUNT

For the administrative expenses to carry out the guaranteed 

transitional housing loan program authorized by 38 U.S.C. chapter 

37, subchapter VI, not to exceed $750,000 of the amounts appropriated by this Act for ‘‘General operating expenses’’ and ‘‘Medical 

administration’’ may be expended. 

VETERANS HEALTH ADMINISTRATION

MEDICAL SERVICES

(INCLUDING TRANSFER OF FUNDS)

For necessary expenses for furnishing, as authorized by law, inpatient and outpatient care and treatment to beneficiaries of the Department of Veterans Affairs and veterans described in paragraphs 

483 

(1) through (8) of section 1705(a) of title 38, United States Code, including care and treatment in facilities not under the jurisdiction 

of the department and including medical supplies and equipment 

and salaries and expenses of health-care employees hired under title 

38, United States Code, and aid to State homes as authorized by 

section 1741 of title 38, United States Code; $19,472,777,000, plus 

reimbursements: Provided, That of the funds made available under 

this heading, not to exceed $1,100,000,000 shall be available until 

September 30, 2006: Provided further, That, notwithstanding any 

other provision of law, the Secretary of Veterans Affairs shall establish a priority for treatment for veterans who are service-connected 

disabled, lower income, or have special needs: Provided further, 

That, notwithstanding any other provision of law, the Secretary of 

Veterans Affairs shall give priority funding for the provision of 

basic medical benefits to veterans in enrollment priority groups 1 

through 6: Provided further, That of the funds made available 

under this heading, the Secretary may transfer up to $400,000,000, 

to remain available until expended, to ‘‘Construction, major 

projects’’ for purposes of implementing CARES subject to a determination by the Secretary that such funds will improve access and 

quality of veteran’s health care needs: Provided further, That, during the fiscal year ending September 30, 2005, the Secretary may 

transfer not more than $125,000,000 of the unobligated balances in 

this account and amounts made available under this heading to 

‘‘General operating expenses’’ for costs associated with processing 

claims where the basis of the entitlement is claimed disability incurred as a result of a veteran’s service, subject to a determination 

by the Secretary of Veterans Affairs that such additional funds are 

necessary: Provided further, That, notwithstanding any other provision of law, the Secretary of Veterans Affairs may authorize the dispensing of prescription drugs from Veterans Health Administration 

facilities to enrolled veterans with privately written prescriptions 

based on requirements established by the Secretary: Provided further, That the implementation of the program described in the previous proviso shall incur no additional cost to the Department of 

Veterans Affairs: Provided further, That for the DOD VA Health 

Care Sharing Incentive Fund, as authorized by section 721 of Public 

Law 107–314, a minimum of $15,000,000, to remain available until 

expended, for any purpose authorized by 38 U.S.C. 8111. 

MEDICAL ADMINISTRATION

For necessary expenses in the administration of the medical, 

hospital, nursing home, domiciliary, construction, supply, and research activities, as authorized by law; administrative expenses in 

support of capital policy activities; information technology hardware 

and software; uniforms or allowances therefor, as authorized by sections 5901–5902 of title 5, United States Code; and administrative 

and legal expenses of the department for collecting and recovering 

amounts owed the department as authorized under chapter 17 of 

title 38, United States Code, and the Federal Medical Care Recovery 

Act (42 U.S.C. 2651 et seq.); $4,705,000,000, of which $250,000,000 

shall be available until September 30, 2006, plus reimbursements. 

484 

MEDICAL FACILITIES

For necessary expenses for the maintenance and operation of 

hospitals, nursing homes, and domiciliary facilities and other necessary facilities for the Veterans Health Administration; for administrative expenses in support of planning, design, project management, real property acquisition and disposition, construction and 

renovation of any facility under the jurisdiction or for the use of the 

department; for oversight, engineering and architectural activities 

not charged to project costs; for repairing, altering, improving or 

providing facilities in the several hospitals and homes under the jurisdiction of the department, not otherwise provided for, either by 

contract or by the hire of temporary employees and purchase of materials; for leases of facilities; and for laundry and food services, 

$3,745,000,000, of which $250,000,000 shall be available until September 30, 2006. 

MEDICAL AND PROSTHETIC RESEARCH

For necessary expenses in carrying out programs of medical and 

prosthetic research and development as authorized by chapter 73 of 

title 38, United States Code, to remain available until September 

30, 2006, $405,593,000, plus reimbursements. 

DEPARTMENTAL ADMINISTRATION

GENERAL OPERATING EXPENSES

For necessary operating expenses of the Department of Veterans 

Affairs, not otherwise provided for, including administrative expenses in support of department-wide capital planning, management and policy activities, uniforms or allowances therefor; not to 

exceed $25,000 for official reception and representation expenses; 

hire of passenger motor vehicles; and reimbursement of the General 

Services Administration for security guard services, and the Department of Defense for the cost of overseas employee mail, 

$1,324,753,000: Provided, That expenses for services and assistance 

authorized under 38 U.S.C. 3104(a)(1), (2), (5), and (11) that the 

Secretary determines are necessary to enable entitled veterans: (1) to 

the maximum extent feasible, to become employable and to obtain 

and maintain suitable employment; or (2) to achieve maximum 

independence in daily living, shall be charged to this account: Provided further, That the Veterans Benefits Administration shall be 

funded at not less than $1,027,193,000: Provided further, That of 

the funds made available under this heading, not to exceed 

$66,000,000 shall be available for obligation until September 30, 

2006: Provided further, That from the funds made available under 

this heading, the Veterans Benefits Administration may purchase 

up to two passenger motor vehicles for use in operations of that Administration in Manila, Philippines. 

NATIONAL CEMETERY ADMINISTRATION

For necessary expenses of the National Cemetery Administration for operations and maintenance, not otherwise provided for, including uniforms or allowances therefor; cemeterial expenses as authorized by law; purchase of one passenger motor vehicle for use in 

cemeterial operations; and hire of passenger motor vehicles, 

485 

$148,925,000: Provided, That of the funds made available under 

this heading, not to exceed $7,400,000 shall be available until September 30, 2006. 

OFFICE OF INSPECTOR GENERAL

For necessary expenses of the Office of Inspector General in carrying out the provisions of the Inspector General Act of 1978, as 

amended, $69,711,000, to remain available until September 30, 

2006. 

CONSTRUCTION, MAJOR PROJECTS

For constructing, altering, extending and improving any of the 

facilities including parking projects under the jurisdiction or for the 

use of the Department of Veterans Affairs, or for any of the purposes 

set forth in sections 316, 2404, 2406, 8102, 8103, 8106, 8108, 8109, 

8110, and 8122 of title 38, United States Code, including planning, 

architectural and engineering services, maintenance or guarantee 

period services costs associated with equipment guarantees provided 

under the project, services of claims analysts, offsite utility and 

storm drainage system construction costs, and site acquisition, 

where the estimated cost of a project is more than the amount set 

forth in 38 U.S.C. 8104(a)(3)(A) or where funds for a project were 

made available in a previous major project appropriation, 

$458,800,000, to remain available until expended, of which 

$370,709,000 shall be for Capital Asset Realignment for Enhanced 

Services (CARES) activities; and of which $8,091,000 shall be to 

make reimbursements as provided in 41 U.S.C. 612 for claims paid 

for contract disputes: Provided, That except for advance planning 

activities, including needs assessments which may or may not lead 

to capital investments, and other capital asset management related 

activities, such as portfolio development and management activities, 

and investment strategy studies funded through the advance planning fund and the planning and design activities funded through 

the design fund and CARES funds, including needs assessments 

which may or may not lead to capital investments, none of the funds 

appropriated under this heading shall be used for any project which 

has not been approved by the Congress in the budgetary process: 

Provided further, That funds provided in this appropriation for fiscal year 2005, for each approved project (except those for CARES activities referenced above) shall be obligated: (1) by the awarding of 

a construction documents contract by September 30, 2005; and (2) 

by the awarding of a construction contract by September 30, 2006: 

Provided further, That the Secretary of Veterans Affairs shall 

promptly report in writing to the Committees on Appropriations any 

approved major construction project in which obligations are not incurred within the time limitations established above. 

CONSTRUCTION, MINOR PROJECTS

For constructing, altering, extending, and improving any of the 

facilities including parking projects under the jurisdiction or for the 

use of the Department of Veterans Affairs, including planning and 

assessments of needs which may lead to capital investments, architectural and engineering services, maintenance or guarantee period 

services costs associated with equipment guarantees provided under 

486 

the project, services of claims analysts, offsite utility and storm 

drainage system construction costs, and site acquisition, or for any 

of the purposes set forth in sections 316, 2404, 2406, 8102, 8103, 

8106, 8108, 8109, 8110, 8122, and 8162 of title 38, United States 

Code, where the estimated cost of a project is equal to or less than 

the amount set forth in 38 U.S.C. 8104(a)(3)(A), $230,779,000, to remain available until expended, along with unobligated balances of 

previous ‘‘Construction, minor projects’’ appropriations which are 

hereby made available for any project where the estimated cost is 

equal to or less than the amount set forth in 38 U.S.C. 

8104(a)(3)(A), of which $182,100,000 shall be for Capital Asset Realignment for Enhanced Services (CARES) activities: Provided, 

That from amounts appropriated under this heading, additional 

amounts may be used for CARES activities upon notification of and 

approval by the Committees on Appropriations: Provided further, 

That funds in this account shall be available for: (1) repairs to any 

of the nonmedical facilities under the jurisdiction or for the use of 

the department which are necessary because of loss or damage 

caused by any natural disaster or catastrophe; and (2) temporary 

measures necessary to prevent or to minimize further loss by such 

causes. 

GRANTS FOR CONSTRUCTION OF STATE EXTENDED CARE FACILITIES

For grants to assist States to acquire or construct State nursing 

home and domiciliary facilities and to remodel, modify or alter existing hospital, nursing home and domiciliary facilities in State 

homes, for furnishing care to veterans as authorized by 38 U.S.C. 

8131–8137, $105,163,000, to remain available until expended. 

GRANTS FOR THE CONSTRUCTION OF STATE VETERANS CEMETERIES

For grants to aid States in establishing, expanding, or improving State veterans cemeteries as authorized by 38 U.S.C. 2408, 

$32,000,000, to remain available until expended. 

ADMINISTRATIVE PROVISIONS

(INCLUDING TRANSFER OF FUNDS)

SEC. 101. Any appropriation for fiscal year 2005 for ‘‘Compensation and pensions’’, ‘‘Readjustment benefits’’, and ‘‘Veterans insurance and indemnities’’ may be transferred to any other of the 

mentioned appropriations. 

SEC. 102. Appropriations available to the Department of Veterans Affairs for fiscal year 2005 for salaries and expenses shall be 

available for services authorized by 5 U.S.C. 3109 hire of passenger 

motor vehicles; lease of a facility or land or both; and uniforms or 

allowances therefore, as authorized by 5 U.S.C. 5901–5902. 

SEC. 103. No appropriations in this Act for the Department of 

Veterans Affairs (except the appropriations for ‘‘Construction, major 

projects’’, ‘‘Construction, minor projects’’, and the ‘‘Parking revolving 

fund’’) shall be available for the purchase of any site for or toward 

the construction of any new hospital or home. 

SEC. 104. No appropriations in this Act for the Department of 

Veterans Affairs shall be available for hospitalization or examination of any persons (except beneficiaries entitled under the laws bestowing such benefits to veterans, and persons receiving such treatVerDate Aug 04 2004 07:33 Dec 01, 2004 Jkt 096906 PO 00000 Frm 00490 Fmt 6659 Sfmt 6603 E:\HR\OC\HR792.XXX HR792
487 

ment under 5 U.S.C. 7901–7904 or 42 U.S.C. 5141–5204), unless reimbursement of cost is made to the ‘‘Medical services’’ account at 

such rates as may be fixed by the Secretary of Veterans Affairs. 

SEC. 105. Appropriations available to the Department of Veterans Affairs for fiscal year 2005 for ‘‘Compensation and pensions’’, 

‘‘Readjustment benefits’’, and ‘‘Veterans insurance and indemnities’’ 

shall be available for payment of prior year accrued obligations required to be recorded by law against the corresponding prior year 

accounts within the last quarter of fiscal year 2004. 

SEC. 106. Appropriations accounts available to the Department 

of Veterans Affairs for fiscal year 2005 shall be available to pay 

prior year obligations of corresponding prior year appropriations accounts resulting from title X of the Competitive Equality Banking 

Act, Public Law 100–86, except that if such obligations are from 

trust fund accounts they shall be payable from ‘‘Compensation and 

pensions’’. 

SEC. 107. Notwithstanding any other provision of law, during 

fiscal year 2005, the Secretary of Veterans Affairs shall, from the 

National Service Life Insurance Fund (38 U.S.C. 1920), the Veterans’ Special Life Insurance Fund (38 U.S.C. 1923), and the 

United States Government Life Insurance Fund (38 U.S.C. 1955), 

reimburse the ‘‘General operating expenses’’ account for the cost of 

administration of the insurance programs financed through those 

accounts: Provided, That reimbursement shall be made only from 

the surplus earnings accumulated in an insurance program in fiscal 

year 2005 that are available for dividends in that program after 

claims have been paid and actuarially determined reserves have 

been set aside: Provided further, That if the cost of administration 

of an insurance program exceeds the amount of surplus earnings accumulated in that program, reimbursement shall be made only to 

the extent of such surplus earnings: Provided further, That the Secretary shall determine the cost of administration for fiscal year 2005 

which is properly allocable to the provision of each insurance program and to the provision of any total disability income insurance 

included in such insurance program. 

SEC. 108. Notwithstanding any other provision of law, the Department of Veterans Affairs shall continue the Franchise Fund 

pilot program authorized to be established by section 403 of Public 

Law 103–356 until October 1, 2005: Provided, That the Franchise 

Fund, established by title I of Public Law 104–204 to finance the 

operations of the Franchise Fund pilot program, shall continue 

until October 1, 2005. 

SEC. 109. Amounts deducted from enhanced-use lease proceeds 

to reimburse an account for expenses incurred by that account during a prior fiscal year for providing enhanced-use lease services, 

may be obligated during the fiscal year in which the proceeds are 

received. 

SEC. 110. Funds available in any Department of Veterans Affairs appropriation for fiscal year 2005 or funds for salaries and 

other administrative expenses shall also be available to reimburse 

the Office of Resolution Management and the Office of Employment 

Discrimination Complaint Adjudication for all services provided at 

rates which will recover actual costs but not exceed $29,318,000 for 

the Office of Resolution Management and $3,059,000 for the Office 

of Employment and Discrimination Complaint Adjudication: ProVerDate Aug 04 2004 07:33 Dec 01, 2004 Jkt 096906 PO 00000 Frm 00491 Fmt 6659 Sfmt 6603 E:\HR\OC\HR792.XXX HR792
488 

vided, That payments may be made in advance for services to be 

furnished based on estimated costs: Provided further, That amounts 

received shall be credited to ‘‘General operating expenses’’ for use by 

the office that provided the service. 

SEC. 111. No appropriations in this Act for the Department of 

Veterans Affairs shall be available to enter into any new lease of 

real property if the estimated annual rental is more than $300,000 

unless the Secretary submits a report which the Committees on Appropriations of the Congress approve within 30 days following the 

date on which the report is received. 

SEC. 112. No funds of the Department of Veterans Affairs shall 

be available for hospital care, nursing home care, or medical services provided to any person under chapter 17 of title 38, United 

States Code, for a non-service-connected disability described in section 1729(a)(2) of such title, unless that person has disclosed to the 

Secretary of Veterans Affairs, in such form as the Secretary may require, current, accurate third-party reimbursement information for 

purposes of section 1729 of such title: Provided, That the Secretary 

may recover, in the same manner as any other debt due the United 

States, the reasonable charges for such care or services from any 

person who does not make such disclosure as required: Provided 

further, That any amounts so recovered for care or services provided 

in a prior fiscal year may be obligated by the Secretary during the 

fiscal year in which amounts are received. 

SEC. 113. Of the amounts provided in this Act, $25,000,000 

shall be for information technology initiatives to support the enterprise architecture of the Department of Veterans Affairs. 

SEC. 114. None of the funds made available to the Department 

in this Act, or any other Act, may be used to implement sections 2 

and 5 of Public Law 107–287. 

SEC. 115. (a) Hereafter receipts that would otherwise be credited to the accounts listed in subsection (c) shall be deposited into 

the Medical Care Collections Fund, and shall be transferred to and 

merged with the ‘‘Medical services’’ account, in fiscal year 2005 and 

subsequent years, to remain available until expended, to carry out 

the purposes of the ‘‘Medical services’’ account. 

(b) The unobligated balances in the accounts listed in subsection (c), shall be transferred to and merged with the ‘‘Medical 

services’’ account in fiscal year 2005 and subsequent years, and remain available until expended, to carry out the purposes of the 

‘‘Medical services’’ account: Provided, That the obligated balances in 

these accounts may be transferred to the ‘‘Medical services’’ account 

at the discretion of the Secretary of Veterans Affairs and shall remain available until expended. 

(c) Veterans Extended Care Revolving Fund; Medical Facilities 

Revolving Fund; Special Therapeutic and Rehabilitation Fund; 

Nursing Home Revolving Fund; Veterans Health Services Improvement Fund; and Parking Revolving Fund. 

SEC. 116. (a) The Secretary of Veterans Affairs shall conduct by 

contract a program of recovery audits for the fee basis and other 

medical services contracts with respect to payments for hospital 

care. Notwithstanding section 3302(b) of title 31, United States 

Code, amounts collected, by setoff or otherwise, as the result of such 

audits shall be available, without fiscal year limitation, for the purposes for which funds are appropriated under ‘‘Medical services’’ 

489 

and the purposes of paying a contractor a percent of the amount collected as a result of an audit carried out by the contractor. 

(b) All amounts so collected under subsection (a) with respect to 

a designated health care region (as that term is defined in section 

1729A(d)(2) of title 38, United States Code) shall be allocated, net 

of payments to the contractor, to that region. 

SEC. 117. Notwithstanding any other provision of law, at the 

discretion of the Secretary of Veterans Affairs, proceeds or revenues 

derived from enhanced-use leasing activities (including disposal) 

that are deposited into the Medical Care Collections Fund may be 

transferred and merged with ‘‘Construction, major projects’’ and 

‘‘Construction, minor projects’’ accounts and be used for construction 

(including site acquisition and disposition), alterations and improvements of any medical facility under the jurisdiction or for the 

use of the Department of Veterans Affairs. Such sums as realized 

are in addition to the amount provided for in ‘‘Construction, major 

projects’’ and ‘‘Construction, minor projects’’. 

SEC. 118. Amounts made available under ‘‘Medical services’’ are 

available— 

(1) for furnishing recreational facilities, supplies, and 

equipment; and 

(2) for funeral expenses, burial expenses, and other expenses 

incidental to funerals and burials for beneficiaries receiving 

care in the department. 

SEC. 119. That such sums as may be deposited to the Medical 

Care Collections Fund pursuant to 38 U.S.C. 1729A may be transferred to ‘‘Medical services’’, to remain available until expended for 

the purposes of this account. 

SEC. 120. Amounts made available for fiscal year 2005 under 

the ‘‘Medical services’’, ‘‘Medical administration’’, and ‘‘Medical facilities’’ accounts may be transferred between the accounts to the extent necessary to implement the restructuring of the Veterans Health 

Administration accounts after notice of the amount and purpose of 

the transfer is provided to the Committees on Appropriations of the 

Senate and House of Representatives and a period of 30 days has 

elapsed: Provided, That the limitation on transfers is 20 percent in 

fiscal year 2005. 

SEC. 121. Any appropriation for fiscal year 2005 for the Veterans Benefits Administration made available under the heading 

‘‘General operating expenses’’ may be transferred to the ‘‘Veterans 

Housing Benefit Program Fund Program Account’’ for the purpose 

of providing funds for the nationwide property management contract if the administrative costs of such contract exceed $8,800,000 

in the budget year. 

SEC. 122. The Department of Veterans Affairs is authorized to 

expend such sums as are available in the unobligated balances of 

the funds originally appropriated to ‘‘Medical Care’’ for emergency 

expenses resulting from the January 1994 earthquake in Southern 

California in Public Law 103–211, Emergency Supplemental Appropriations Act of 1994, for the same purposes of the ‘‘Medical Services’’ account, to remain available until expended. 

SEC. 123. Notwithstanding any other provision of law, the Secretary of Veterans Affairs (Secretary) shall allow veterans eligible 

under existing VA Medical Care requirements and who reside in 

Alaska to obtain medical care services from medical facilities supVerDate Aug 04 2004 07:33 Dec 01, 2004 Jkt 096906 PO 00000 Frm 00493 Fmt 6659 Sfmt 6603 E:\HR\OC\HR792.XXX HR792
490 

ported by the Indian Health Services or tribal organizations. The 

Secretary shall (1) limit the application of this provision to rural 

Alaskan veterans in areas where an existing VA facility or VA-contracted service is unavailable, (2) require participating veterans and 

facilities to comply with all appropriate rules and regulations, as established by the Secretary, (3) require this provision to be consistent 

with CARES, and (4) result in no additional cost to the Department 

of Veterans Affairs or the Indian Health Service. 

SEC. 124. Of the funds made available under the heading ‘‘Construction, minor projects’’ in Chapter 11 of Division B of the Military Construction Appropriations and Emergency Hurricane Supplemental Appropriations Act, 2005, Public Law 108–324, the Secretary of Veterans Affairs may transfer up to $19,800,000 to the 

‘‘Medical Facilities’’ account for non-recurring maintenance expenses 

related to hurricane and tropical storm damage. 

TITLE II—DEPARTMENT OF HOUSING AND URBAN 

DEVELOPMENT 

PUBLIC AND INDIAN HOUSING

TENANT-BASED RENTAL ASSISTANCE

(INCLUDING TRANSFER OF FUNDS)

For activities and assistance for the provision of tenant-based 

rental assistance authorized under the United States Housing Act 

of 1937, as amended (42 U.S.C. 1437 et seq.) (‘the Act’ herein), not 

otherwise provided for, $14,885,000,000, to remain available until 

expended, of which $10,685,000,000 shall be available on October 1, 

2004 and $4,200,000,000 shall be available on October 1, 2005: Provided, That the amounts made available under this heading are 

provided as follows: (1) $13,462,989,000 for renewals of expiring section 8 tenant-based annual contributions contracts (including renewals of 

enhanced vouchers under any provision of law authorizing such 

assistance under section 8(t) of the Act): Provided, That notwithstanding any other provision of law, from amounts provided under this paragraph, the Secretary for the calendar year 

2005 funding cycle shall renew such contracts for each public 

housing agency based on verified Voucher Management System 

(VMS) leasing and cost data averaged for the months of May, 

June, and July of 2004, and by applying the 2005 Annual Adjustment Factor as established by the Secretary, and by making 

any necessary adjustments for the costs associated with the 

first-time renewal of tenant protection or HOPE VI vouchers: 

Provided further, That if such data is not available, verifiable, 

or complete, the Secretary shall use verified VMS leasing and 

cost data averaged for the months of February, March, and 

April of 2004, and by applying the 2005 Annual Adjustment 

Factor as established by the Secretary, and by making any necessary adjustments for the costs associated with the first-time 

renewal of tenant protection or HOPE VI vouchers: Provided 

further, That if such data is not available, verifiable, or complete, the Secretary shall use leasing and cost data from the 

most recent end-of-year financial statements for public housing 

agency fiscal years ending no later than March 31, 2004, and 

491 

by applying the 2005 Annual Adjustment Factor as established 

by the Secretary, and by making any necessary adjustments for 

the costs associated with the first-time renewal of tenant protection or HOPE VI vouchers: Provided further, That the Secretary 

shall, to the extent necessary to stay within the amount provided under this paragraph, pro rate each public housing agency’s allocation otherwise established pursuant to this paragraph: Provided further, That the entire amount provided 

under this paragraph shall be obligated to the public housing 

agencies based on the allocation and pro rata method described 

above: Provided further, That public housing agencies participating in the Moving to Work demonstration shall be funded 

pursuant to their Moving to Work agreements and shall be subject to the same pro rata adjustments under the previous proviso: Provided further, That none of the funds provided in this 

paragraph may be used to support a total number of unit 

months under lease which exceeds a public housing agency’s authorized level of units under contract; 

(2) $163,000,000 for section 8 rental assistance for relocation and replacement of housing units that are demolished or 

disposed of pursuant to the Omnibus Consolidated Rescissions 

and Appropriations Act of 1996 (Public Law 104–134), conversion of section 23 projects to assistance under section 8, the 

family unification program under section 8(x) of the Act, relocation of witnesses in connection with efforts to combat crime in 

public and assisted housing pursuant to a request from a law 

enforcement or prosecution agency, enhanced vouchers under 

any provision of law authorizing such assistance under section 

8(t) of the Act, and tenant protection assistance, including replacement and relocation assistance; 

(3) $46,000,000 for family self-sufficiency coordinators 

under section 23 of the Act; 

(4) $2,904,000 shall be transferred to the Working Capital 

Fund; and 

(5) $1,210,107,000 for administrative and other expenses of 

public housing agencies in administering the section 8 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 

492 

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; and 

(3) $2,000,000 shall be transferred to the Working Capital 

Fund. 

PUBLIC HOUSING CAPITAL FUND

(INCLUDING TRANSFER OF FUNDS)

For the Public Housing Capital Fund Program to carry out capital and management activities for public housing agencies, as authorized under section 9 of the United States Housing Act of 1937, 

as amended (42 U.S.C. 1437g) (the ‘‘Act’’) $2,600,000,000, to remain 

available until September 30, 2008: Provided, That notwithstanding 

any other provision of law or regulation, during fiscal year 2005, 

the Secretary may not delegate to any Department official other 

than the Deputy Secretary and the Assistant Secretary for Public 

and Indian Housing any authority under paragraph (2) of section 

9(j) regarding the extension of the time periods under such section: 

Provided further, That for purposes of such section 9(j), the term 

‘‘obligate’’ means, with respect to amounts, that the amounts are 

subject to a binding agreement that will result in outlays, immediately or in the future: Provided further, That of the total amount 

provided under this heading, up to $38,700,000 shall be for carrying out activities under section 9(h) of such Act, of which 

$12,500,000 shall be for the provision of remediation services to 

public housing agencies identified as ‘‘troubled’’ under the Section 

8 Management Assessment Program and for surveys used to calculate local Fair Market Rents and assess housing conditions in 

connection with rental assistance under section 8 of the Act: Provided further, That $10,150,000 shall be transferred to the Working 

Capital Fund: Provided further, That no funds may be used under 

this heading for the purposes specified in section 9(k) of the United 

States Housing Act of 1937, as amended: Provided further, That of 

the total amount provided under this heading, up to $30,000,000 

shall be available for the Secretary of Housing and Urban Development to make grants, notwithstanding section 205 of this Act, to 

public housing agencies for emergency capital needs resulting from 

unforeseen emergencies and natural disasters occurring in fiscal 

year 2005: Provided further, That of the total amount provided 

under this heading, $53,500,000 shall be for supportive services, 

493 

service coordinators and congregate services as authorized by section 34 of the Act and the Native American Housing Assistance and 

Self-Determination Act of 1996: Provided further, That up to 

$3,000,000 is to support the costs of administrative and judicial receiverships in effect prior to date of enactment of this Act: Provided 

further, That of the total amount provided under this heading, 

$15,000,000 shall be for Neighborhood Networks grants for activities authorized in section 9(d)(1)(E) of the United States Housing 

Act of 1937, as amended, of which up to $1,000,000 may be used 

for technical assistance in connection with such grants as authorized in section 9(h)(8) of such Act: Provided further, That notwithstanding any other provision of law, amounts made available in the 

previous proviso shall be awarded to public housing agencies on a 

competitive basis: Provided further, That notwithstanding section 

9(d)(1)(E) of the United States Housing Act of 1937, any Neighborhood Networks computer center established with funding made 

available under this heading in this or any other Act, shall be available for use by residents of public housing and residents of other 

housing assisted with funding made available under this title in 

this Act or any other Act. 

PUBLIC HOUSING OPERATING FUND

For 2005 payments to public housing agencies for the operation 

and management of public housing, as authorized by section 9(e) of 

the United States Housing Act of 1937, as amended (42 U.S.C. 

1437g(e)), $2,458,000,000, of which $10,000,000 in bonus funds 

shall be provided to public housing agencies that assist program 

participants in moving away from dependency on housing assistance programs: Provided, That of the total amount provided under 

this heading, $8,000,000 shall be for programs, as determined appropriate by the Attorney General, which assist in the investigation, 

prosecution, and prevention of violent crimes and drug offenses in 

public and federally-assisted low-income housing, including Indian 

housing, which shall be administered by the Department of Justice 

through a cooperative agreement with the Department of Housing 

and Urban Development: Provided further, That any such 2005 payment shall be provided in an amount sufficient to cover only the period beginning with the start of a public housing agency’s fiscal 

year and ending on December 31, 2005: Provided further, That for 

fiscal year 2006 and all fiscal years thereafter, the Secretary shall 

provide assistance under this heading to public housing agencies on 

a calendar year basis: Provided further, That, in fiscal year 2005 

and all fiscal years hereafter, no amounts under this heading in any 

appropriations Act may be used for payments to public housing 

agencies for the costs of operation and management of public housing for any year prior to the current year of such Act: Provided further, That no funds may be used under this heading for the purposes specified in section 9(k) of the United States Housing Act of 

1937, as amended. 

REVITALIZATION OF SEVERELY DISTRESSED PUBLIC HOUSING (HOPE

VI)

For grants to public housing agencies for demolition, site revitalization, replacement housing, and tenant-based assistance grants 

to projects as authorized by section 24 of the United States Housing 

494 

Act of 1937, as amended, $144,000,000, to remain available until 

September 30, 2006, of which the Secretary may use up to 

$4,000,000 for technical assistance and contract expertise, to be provided directly or indirectly by grants, contracts or cooperative agreements, including training and cost of necessary travel for participants in such training, by or to officials and employees of the department and of public housing agencies and to residents: Provided, 

That none of such funds shall be used directly or indirectly by 

granting competitive advantage in awards to settle litigation or pay 

judgments, unless expressly permitted herein. 

NATIVE AMERICAN HOUSING BLOCK GRANTS

(INCLUDING TRANSFERS OF FUNDS)

For the Native American Housing Block Grants program, as 

authorized under title I of the Native American Housing Assistance 

and Self-Determination Act of 1996 (NAHASDA) (25 U.S.C. 4111 et 

seq.), $627,000,000, to remain available until expended, of which 

$2,200,000 shall be contracted through the Secretary as technical 

assistance and capacity building to be used by the National American Indian Housing Council in support of the implementation of 

NAHASDA; of which $4,500,000 shall be to support the inspection 

of Indian housing units, contract expertise, training, and technical 

assistance in the training, oversight, and management of Indian 

housing and tenant-based assistance, including up to $300,000 for 

related travel; and of which $2,600,000 shall be transferred to the 

Working Capital Fund: Provided, That of the amount provided 

under this heading, $2,000,000 shall be made available for the cost 

of guaranteed notes and other obligations, as authorized by title VI 

of NAHASDA: Provided further, That such costs, including the costs 

of modifying such notes and other obligations, shall be as defined 

in section 502 of the Congressional Budget Act of 1974, as amended: 

Provided further, That these funds are available to subsidize the 

total principal amount of any notes and other obligations, any part 

of which is to be guaranteed, not to exceed $17,926,000: Provided 

further, That for administrative expenses to carry out the guaranteed loan program, up to $150,000 from amounts in the first proviso, which shall be transferred to and merged with the appropriation for ‘‘Salaries and expenses’’, to be used only for the administrative costs of these guarantees. 

INDIAN HOUSING LOAN GUARANTEE FUND PROGRAM ACCOUNT

(INCLUDING TRANSFER OF FUNDS)

For the cost of guaranteed loans, as authorized by section 184 

of the Housing and Community Development Act of 1992 (12 U.S.C. 

1715z–13a), $5,000,000, to remain available until expended: Provided, That such costs, including the costs of modifying such loans, 

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

of 1974, as amended: Provided further, That these funds are available to subsidize total loan principal, any part of which is to be 

guaranteed, not to exceed $145,345,000. 

In addition, for administrative expenses to carry out the guar- anteed loan program, up to $250,000 from amounts in the first 

paragraph, which shall be transferred to and merged with the apVerDate Aug 04 2004 07:33 Dec 01, 2004 Jkt 096906 PO 00000 Frm 00498 Fmt 6659 Sfmt 6603 E:\HR\OC\HR792.XXX HR792
495 

propriation for ‘‘Salaries and expenses’’, to be used only for the administrative costs of these guarantees. 

NATIVE HAWAIIAN HOUSING LOAN GUARANTEE FUND PROGRAM

ACCOUNT

(INCLUDING TRANSFER OF FUNDS)

For the cost of guaranteed loans, as authorized by section 184A 

of the Housing and Community Development Act of 1992 (12 U.S.C. 

1715z–13b), $1,000,000, to remain available until expended: Provided, That such costs, including the costs of modifying such loans, 

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

of 1974, as amended: Provided further, That these funds are available to subsidize total loan principal, any part of which is to be 

guaranteed, not to exceed $37,403,000. 

In addition, for administrative expenses to carry out the guaranteed loan program, up to $35,000 from amounts in the first paragraph, which shall be transferred to and merged with the appropriation for ‘‘Salaries and expenses’’, to be used only for the administrative costs of these guarantees. 

COMMUNITY PLANNING AND DEVELOPMENT

HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS

For carrying out the Housing Opportunities for Persons with 

AIDS program, as authorized by the AIDS Housing Opportunity Act 

(42 U.S.C. 12901 et seq.), $284,000,000, to remain available until 

September 30, 2006: Provided, That the Secretary shall renew all 

expiring contracts for permanent supportive housing that were funded under section 854(c)(3) of such Act that meet all program requirements before awarding funds for new contracts and activities authorized under this section: Provided further, That the Secretary 

may use up to $2,500,000 of the funds under this heading for training, oversight, and technical assistance activities. 

RURAL HOUSING AND ECONOMIC DEVELOPMENT

For the Office of Rural Housing and Economic Development in 

the Department of Housing and Urban Development, $24,000,000 to 

remain available until expended, which amount shall be competitively awarded by September 1, 2005, to Indian tribes, State housing finance agencies, State community and/or economic development agencies, local rural nonprofits and community development 

corporations to support innovative housing and economic development activities in rural areas. 

EMPOWERMENT ZONES/ENTERPRISE COMMUNITIES

For grants in connection with a second round of empowerment 

zones and enterprise communities, $10,000,000, to remain available 

until September 30, 2005, for ‘‘Urban Empowerment Zones’’, as authorized in section 1391(g) of the Internal Revenue Code of 1986 (26 

U.S.C. 1391(g)), including $666,666 for each empowerment zone for 

use in conjunction with economic development activities consistent 

with the strategic plan of each empowerment zone. 

496 

COMMUNITY DEVELOPMENT FUND

(INCLUDING TRANSFERS OF FUNDS)

For assistance to units of State and local government, and to 

other entities, for economic and community development activities, 

and for other purposes, $4,709,000,000, to remain available until 

September 30, 2007 unless otherwise specified: Provided, That of the 

amount provided, $4,150,035,000 is for carrying out the community 

development block grant program under title I of the Housing and 

Community Development Act of 1974, as amended (the ‘‘Act’’ herein) 

(42 U.S.C. 5301 et seq.): Provided further, That unless explicitly 

provided for under this heading (except for planning grants provided in the third paragraph and amounts made available in the 

second paragraph), not to exceed 20 percent of any grant made with 

funds appropriated under this heading (other than a grant made 

available in this paragraph to the Housing Assistance Council or 

the National American Indian Housing Council, or a grant using 

funds under section 107(b)(3) of the Act) shall be expended for planning and management development and administration: Provided 

further, That $69,000,000 shall be for grants to Indian tribes notwithstanding section 106(a)(1) of such Act, of which, notwithstanding any other provision of law (including Section 205 of this 

Act), up to $4,000,000 may be used for emergencies that constitute 

imminent threats to health and safety; $3,300,000 shall be for a 

grant to the Housing Assistance Council; $2,400,000 shall be for a 

grant to the National American Indian Housing Council; $4,800,000 

shall be available as a grant to the National Housing Development 

Corporation, for operating expenses not to exceed $2,000,000 and for 

a program of affordable housing acquisition and rehabilitation; 

$4,800,000 shall be available as a grant to the Raza Development 

Fund of La Raza for the HOPE Fund, of which $500,000 is for technical assistance and fund management, and $4,300,000 is for investments in the HOPE Fund and financing to affiliated organizations; $43,700,000 shall be for grants pursuant to section 107 of the 

Act, of which $9,000,000 shall be for the Native Hawaiian block 

grant authorized under title VIII of the Native American Housing 

Assistance and Self-Determination Act of 1996, to remain available 

until expended, of which $500,000 shall be for training and technical assistance; $3,465,000 shall be transferred to the Working 

Capital Fund; $25,000,000 shall be for grants pursuant to the Self 

Help Homeownership Opportunity Program; $34,500,000 shall be 

for capacity building, of which $30,000,000 shall be for Capacity 

Building for Community Development and Affordable Housing for 

LISC and the Enterprise Foundation for activities as authorized by 

section 4 of the HUD Demonstration Act of 1993 (42 U.S.C. 9816 

note), as in effect immediately before June 12, 1997, with not less 

than $5,000,000 of the funding to be used in rural areas, including 

tribal areas, and of which $4,500,000 shall be for capacity building 

activities administered by Habitat for Humanity International; 

$2,000,000 shall be for the Special Olympics National Games Organizing Committee for planning, equipment, and operational expenses associated with the 2006 games in Ames, Iowa; $62,000,000 

shall be available for YouthBuild program activities authorized by 

subtitle D of title IV of the Cranston-Gonzalez National Affordable 

Housing Act, as amended, and such activities shall be an eligible 

497 

activity with respect to any funds made available under this heading: Provided, That local YouthBuild programs that demonstrate an 

ability to leverage private and nonprofit funding shall be given a 

priority for YouthBuild funding: Provided further, That no more 

than 10 percent of any grant award under the YouthBuild program 

may be used for administrative costs: Provided further, That of the 

amount made available for YouthBuild not less than $9,000,000 is 

for grants to establish YouthBuild programs in underserved and 

rural areas and $2,000,000 is to be made available for a grant to 

YouthBuild USA for capacity building for community development 

and affordable housing activities as specified in section 4 of the 

HUD Demonstration Act of 1993, as amended. 

Of the amount made available under this heading, $42,000,000 

shall be available for neighborhood initiatives that are utilized to 

improve the conditions of distressed and blighted areas and neighborhoods, to stimulate investment, economic diversification, and 

community revitalization in areas with population outmigration or 

a stagnating or declining economic base, or to determine whether 

housing benefits can be integrated more effectively with welfare reform initiatives: Provided, That amounts made available under this 

paragraph shall be provided in accordance with the terms and conditions specified in the statement of managers accompanying this 

Act. 

Of the amount made available under this heading, 

$262,000,000 shall be available for grants for the Economic Development Initiative (EDI) to finance a variety of targeted economic investments in accordance with the terms and conditions specified in 

the statement of managers accompanying this Act: Provided, That 

none of the funds provided under this paragraph may be used for 

program operations. 

The referenced statement of the managers under this heading in 

Public Law 108–7 is deemed to be amended with respect to item 

number 2 with respect to amounts made available for the City of 

Boaz, Alabama by striking ‘‘facilities renovation and expansion’’ 

and inserting ‘‘construction of a new library’’. 

The referenced statement of the managers under this heading in 

Public Law 108–7 is deemed to be amended with respect to item 

number 740 by striking ‘‘facilities renovation and construction’’ and 

inserting ‘‘an economic development planning study’’. 

The referenced statement of the managers under this heading in 

Public Law 108–7 is deemed to be amended with respect to item 

number 254 by striking ‘‘Greater Community Council in Louisville, 

Kentucky for construction of a facility for low-income, disabled persons’’ and inserting ‘‘Portland Promise, Inc. in Louisville, Kentucky 

for a multi-purpose facility’’. 

The referenced statement of the managers under this heading in 

Public Law 108–7 is deemed to be amended with respect to item 

number 10 with respect to amounts made available to the St. Stephen Family Life Center in Louisville, Kentucky by striking ‘‘renovation’’ and inserting ‘‘construction’’. 

The referenced statement of the managers under this heading in 

Public Law 108–7 is deemed to be amended with respect to item 

number 584 with respect to amounts made available for Queens 

Borough Public Library in Queens, New York by striking ‘‘for faciliVerDate Aug 04 2004 07:33 Dec 01, 2004 Jkt 096906 PO 00000 Frm 00501 Fmt 6659 Sfmt 6603 E:\HR\OC\HR792.XXX HR792
498 

ties rehabilitation and expansion of the Parsons Boulevard complex’’ 

and inserting ‘‘for facilities construction and renovations’’. 

The referenced statement of the managers under this heading in 

Public Law 108–199 is deemed to be amended with respect to item 

number 198 by striking ‘‘$160,000 for the Pine Mountain Beautification and Economic Development project in Harris County, Georgia for streetscape improvements’’ and inserting ‘‘$60,000 for the 

Beautification and Economic Development project in Harris County, 

Georgia for construction; and $100,000 for the Beautification and 

Economic Development project in the Town of Pine Mountain, Georgia for streetscape improvements’’. 

The referenced statement of the managers under this heading in 

Public Law 108–199 is deemed to be amended with respect to item 

number 96 with respect to amounts made available for the City of 

Corona, California by striking ‘‘construction’’ and inserting ‘‘rehabilitation and conversion’’. 

The referenced statement of the managers under this heading in 

Public Law 108–199 is deemed to be amended with respect to item 

number 257 with respect to amounts made available for Fort Dodge, 

Iowa by inserting ‘‘planning, design and’’ before the word ‘‘facilities’’. 

The referenced statement of the managers under this heading in 

Public Law 108–199 is deemed to be amended with respect to item 

number 776 with respect to amounts made available for Rice University by inserting ‘‘planning, design and’’ before the word ‘‘construction’’. 

The referenced statement of the managers under this heading in 

Public Law 108–199 is deemed to be amended with respect to item 

number 535 by striking ‘‘facilities renovation, expansion and buildout for the D’Youville College Library Improvement project’’ and inserting ‘‘Administration building renovation’’. 

The referenced statement of the managers under this heading in 

Public Law 108–7 is deemed to be amended with respect to item 

number 215 by striking ‘‘construction of a fieldhouse located at 39th 

and Cottage Grove’’ and inserting ‘‘costs associated with construction of a LULA lift at Ogden Park’’. 

The referenced statement of the managers under this heading in 

Public Law 108–7 is deemed to be amended with respect to item 

number 831 by striking ‘‘Bread and Rose in Olympia, Washington 

for renovations to a homeless shelter’’ and inserting ‘‘Catholic Community Services in Olympia, Washington for construction of a 

homeless shelter’’. 

The referenced statement of the managers under this heading in 

Public Law 108–199 is deemed to be amended with respect to item 

number 303 by striking ‘‘Maine Environmental’’ and inserting ‘‘Marine Environmental’’. 

The referenced statement of the managers under this heading in 

Public Law 108–199 is deemed to be amended with respect to item 

number 163 by striking ‘‘a special needs evacuation, senior, multipurpose center’’ and inserting ‘‘for Lakefront improvements to Lake 

Toho’’. 

The referenced statement of the managers under this heading in 

Public Law 108–199 is deemed to be amended with respect to item 

number 499 by striking ‘‘relocation of and renovations to the Wolcott 

499 

Carriage House’’ and inserting ‘‘facilities improvements to Erie 

Canal parks’’. 

The referenced statement of the managers under this heading in 

title II of Public Law 107–73; H. Rept. 107–272 is deemed to be 

amended by striking ‘‘Southern New Mexico Fair and Rodeo in 

Dona Ana County for infrastructure improvements and to build a 

multipurpose event center;’’ and insert in lieu thereof ‘‘Dona Ana 

County, New Mexico, for the Southern New Mexico State Fair to 

make infrastructure improvements and to build a multi-purpose 

event center;’’. 

The referenced statement of the managers under this heading in 

title II of Division G of the Consolidated Appropriations Resolution, 

2004 (Public Law 108–199; H. Rept. 108–401) is deemed to be 

amended with respect to item 218 by striking ‘‘construction’’ and insert in lieu thereof ‘‘planning and design’’. 

The statement of managers accompanying Public Law 106–74, 

as amended by chapter 8 of title II of the Emergency Supplemental 

Act, 2000 (Public Law 106–246), is further amended by inserting ‘‘, 

to remain available to be expended until September 30, 2007,’’ after 

‘‘$25,000,000’’. 

The referenced statement of managers under the heading in title 

II of Division G of the Consolidated Appropriations Resolution, 

2004 (Public Law 108–199; H. Rpt. 108–401) is deemed to be 

amended with respect to numbers 418 and 423 by striking out both 

specified grants and inserting in lieu thereof ‘‘418. $900,000 to 

Northland Neighborhoods, Inc. in Clay County, Missouri for the expansion of the current Home Repair Program to provide home repairs to low- to moderate-income neighborhoods;’’. 

The referenced statement of managers under this heading in 

title II of Division G of the Consolidated Appropriations Resolution, 

2004 (Public Law 108–199; H. Rept. 108–401) is deemed to be 

amended with respect to item 791 by inserting ‘‘for planning and design’’ after ‘‘Texas’’. 

The referenced statement of managers under this heading in 

title II of Division G of the Consolidated Appropriations Resolution, 

2004 (Public Law 108–199; H. Rept. 108–401) is deemed to be 

amended with respect to item 218 by striking ‘‘construction’’ and inserting in lieu thereof ‘‘planning and design’’. 

The referenced statement of the managers under this heading in 

Public Law 108–199 is deemed to be amended with respect to item 

number 169 by striking ‘‘for renovation of an aviation high technology facility’’ and inserting in lieu thereof ‘‘for a feasibility study 

of a facilities improvement to the Airco Complex and surrounding 

properties’’. 

The referenced statement of the managers under this heading in 

Public Law 108–7 is deemed to be amended with respect to item 

number 740 by striking ‘‘for facilities renovation and construction’’ 

and inserting ‘‘for development and continuation of the National 

Medal of Honor Museum of Military History’’. 

The referenced statement of the managers under this heading in 

Public Law 108–199 is deemed to be amended with respect to item 

number 163 by striking ‘‘for a special needs evacuation, senior, multipurpose center’’ and inserting ‘‘for construction at the Lakefront 

Improvement Project’’. 

500 

The referenced statement of the managers under this heading in 

Public Law 108–7 is deemed to be amended with respect to item 

number 54 by striking ‘‘for renovation of facilities’’ and inserting 

‘‘for the Screen Education Center’’. 

The referenced statement of the managers under this heading in 

Public Law 108–199 is deemed to be amended with respect to item 

number 104 by striking ‘‘to Sonoma State University in California 

for construction of the Green Music Center’’ and inserting ‘‘to Center 

Point, Inc. to acquire and renovate a facility for the adolescent residential treatment center’’. 

The referenced statement of the managers under this heading in 

Public Law 108–199 is deemed to be amended with respect to item 

number 4 by striking ‘‘for renovation of the Old Uniontown Middle 

School’’ and inserting ‘‘for enhancements to facilities for industrial 

development’’. 

The referenced statement of the managers under this heading in 

Public Law 108–199 is deemed to be amended with respect to item 

number 583 by striking ‘‘$200,000 to the North Carolina Museum 

of Natural Sciences for construction of the Nature Research Center’’ 

and inserting ‘‘$200,000 to the Friends of the North Carolina Museum of Natural Sciences for construction of the Nature Research 

Center’’. 

The referenced statement of the managers under this heading in 

Public Law 108–199 is deemed to be amended with respect to item 

number 469 by striking ‘‘to Rutgers University in New Jersey land 

acquisition for LEAP University High School’’ and inserting ‘‘to the 

LEAP Academy University Charter High School in Camden City, 

New Jersey for facilities construction, renovation, and buildout’’. 

The referenced statement of the managers under this heading in 

Public Law 108–199 is deemed to be amended with respect to item 

number 575 by striking ‘‘construction’’ and inserting ‘‘acquisition, 

renovation’’. 

The referenced statement of the managers under this heading in 

Public Law 108–199 is deemed to be amended with respect to item 

number 683 by striking ‘‘for construction related to Bailey Park and 

downtown streetscape, beautification, building renovation and restoration’’ and inserting ‘‘for master plan development, building acquisition, demolition, renovation and restoration’’. 

Section 167 of division H of Public Law 108–199 is amended 

by allocating the funding made available under the heading ‘‘Community Development Fund for project number 177 (House Report 

108–235) to ‘‘the Chicago Children’s Choir Academy in Illinois for 

facility design and construction’’. 

The referenced statement of the managers under this heading in 

title II of Division G of the Consolidated Appropriations Resolution, 

2004 (Public Law 108–199; H. Rept. 108–401) is deemed to be 

amended with respect to item 24 by striking ‘‘Tuscaloosa County 

Commission for Community Development in Tuscaloosa County, 

Alabama;’’ and insert in lieu thereof ‘‘City of Tuscaloosa for community development in Tuscaloosa, Alabama;’’. 

The referenced statement of the managers under this heading in 

title II of Division G of the Consolidated Appropriations Resolution, 

2004 (Public Law 108–199; H. Rept. 108–401) is deemed to be 

amended with respect to item 796 by striking ‘‘Community Center’’ 

and insert in lieu thereof ‘‘Convention Center’’. 

501 

COMMUNITY DEVELOPMENT LOAN GUARANTEES PROGRAM ACCOUNT

(INCLUDING TRANSFER OF FUNDS)

For the cost of guaranteed loans, $6,000,000, to remain available until September 30, 2006, as authorized by section 108 of the 

Housing and Community Development Act of 1974, as amended: 

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

loans, shall be as defined in section 502 of the Congressional Budget Act of 1974, as amended: Provided further, That these funds are 

available to subsidize total loan principal, any part of which is to 

be guaranteed, not to exceed $275,000,000, notwithstanding any aggregate limitation on outstanding obligations guaranteed in section 

108(k) of the Housing and Community Development Act of 1974, as 

amended. 

In addition, for administrative expenses to carry out the guaranteed loan program, $1,000,000, which shall be transferred to and 

merged with the appropriation for ‘‘Salaries and expenses’’. 

BROWNFIELDS REDEVELOPMENT

For competitive economic development grants, as authorized by 

section 108(q) of the Housing and Community Development Act of 

1974, as amended, for Brownfields redevelopment projects, 

$24,000,000, to remain available until September 30, 2006. 

HOME INVESTMENT PARTNERSHIPS PROGRAM

(INCLUDING TRANSFER OF FUNDS)

For the HOME investment partnerships program, as authorized 

under title II of the Cranston-Gonzalez National Affordable Housing 

Act, as amended, $1,865,000,000, to remain available until September 30, 2007: Provided, That of the total amount provided in 

this paragraph, up to $42,000,000 shall be available for housing 

counseling under section 106 of the Housing and Urban Development Act of 1968, and $2,000,000 shall be transferred to the Working Capital Fund. 

In addition to amounts otherwise made available under this 

heading, $50,000,000, to remain available until September 30, 

2007, for assistance to homebuyers as authorized under title I of the 

American Dream Downpayment Act. 

HOMELESS ASSISTANCE GRANTS

(INCLUDING TRANSFER OF FUNDS)

For the emergency shelter grants program as authorized under 

subtitle B of title IV of the McKinney-Vento Homeless Assistance 

Act, as amended; the supportive housing program as authorized 

under subtitle C of title IV of such Act; the section 8 moderate rehabilitation single room occupancy program as authorized under the 

United States Housing Act of 1937, as amended, to assist homeless 

individuals pursuant to section 441 of the McKinney-Vento Homeless Assistance Act; and the shelter plus care program as authorized 

under subtitle F of title IV of such Act, $1,250,515,000, of which 

$1,230,515,000 shall remain available until September 30, 2007, 

and of which $20,000,000 shall remain available until expended: 

Provided, That not less than 30 percent of funds made available, exVerDate Aug 04 2004 07:33 Dec 01, 2004 Jkt 096906 PO 00000 Frm 00505 Fmt 6659 Sfmt 6603 E:\HR\OC\HR792.XXX HR792
502 

cluding amounts provided for renewals under the shelter plus care 

program, shall be used for permanent housing: Provided further, 

That all funds awarded for services shall be matched by 25 percent 

in funding by each grantee: Provided further, That the Secretary 

shall renew on an annual basis expiring contracts or amendments 

to contracts funded under the shelter plus care program if the program is determined to be needed under the applicable continuum of 

care and meets appropriate program requirements and financial 

standards, as determined by the Secretary: Provided further, That 

all awards of assistance under this heading shall be required to coordinate and integrate homeless programs with other mainstream 

health, social services, and employment programs for which homeless populations may be eligible, including Medicaid, State Children’s Health Insurance Program, Temporary Assistance for Needy 

Families, Food Stamps, and services funding through the Mental 

Health and Substance Abuse Block Grant, Workforce Investment 

Act, and the Welfare-to-Work grant program: Provided further, That 

up to $11,500,000 of the funds appropriated under this heading 

shall be available for the national homeless data analysis project 

and technical assistance: Provided further, That $2,500,000 of the 

funds appropriated under this heading shall be transferred to the 

Working Capital Fund: Provided further, That all balances for 

Shelter Plus Care renewals previously funded from the Shelter Plus 

Care Renewal account shall be transferred to this account, to be 

available for Shelter Plus Care renewals in fiscal year 2005. 

HOUSING PROGRAMS

HOUSING FOR THE ELDERLY

(INCLUDING TRANSFER OF FUNDS)

For capital advances, including amendments to capital advance 

contracts, for housing for the elderly, as authorized by section 202 

of the Housing Act of 1959, as amended, and for project rental assistance for the elderly under section 202(c)(2) of such Act, including 

amendments to contracts for such assistance and renewal of expiring contracts for such assistance for up to a 1-year term, and for 

supportive services associated with the housing, $747,000,000, to remain available until September 30, 2008, of which amount 

$50,000,000 shall be for service coordinators and the continuation 

of existing congregate service grants for residents of assisted housing projects, and of which amount up to $25,000,000 shall be for 

grants under section 202b of the Housing Act of 1959 (12 U.S.C. 

1701q–2) for conversion of eligible projects under such section to assisted living or related use and for emergency capital repairs as determined by the Secretary: Provided, That of the amount made 

available under this heading, $18,000,000 shall be available to the 

Secretary of Housing and Urban Development only for making competitive grants to private nonprofit organizations and consumer cooperatives for covering costs of architectural and engineering work, 

site control, and other planning relating to the development of supportive housing for the elderly that is eligible for assistance under 

section 202 of the Housing Act of 1959 (12 U.S.C. 1701q): Provided 

further, That $450,000 shall be transferred to the Working Capital 

Fund: Provided further, That the Secretary may waive the proviVerDate Aug 04 2004 07:33 Dec 01, 2004 Jkt 096906 PO 00000 Frm 00506 Fmt 6659 Sfmt 6603 E:\HR\OC\HR792.XXX HR792
503 

sions of section 202 governing the terms and conditions of project 

rental assistance, except that the initial contract term for such assistance shall not exceed 5 years in duration. 

Title II of the Departments of Veterans Affairs and Housing 

and Urban Development, and Independent Agencies Appropriations 

Act, 2004, is amended under this heading by striking the fourth 

proviso. 

HOUSING FOR PERSONS WITH DISABILITIES

(INCLUDING TRANSFER OF FUNDS)

For capital advance contracts, including amendments to capital 

advance contracts, for supportive housing for persons with disabilities, as authorized by section 811 of the Cranston-Gonzalez National Affordable Housing Act, for project rental assistance for supportive housing for persons with disabilities under section 811(d)(2) 

of such Act, including amendments to contracts for such assistance 

and renewal of expiring contracts for such assistance for up to a 1- 

year term, and for supportive services associated with the housing 

for persons with disabilities as authorized by section 811(b)(1) of 

such Act, and for tenant-based rental assistance contracts entered 

into pursuant to section 811 of such Act, $240,000,000: Provided, 

That $450,000 shall be transferred to the Working Capital Fund: 

Provided further, That, of the amount provided under this heading 

$28,890,000 shall be for amendments to existing tenant-based assistance contracts entered into prior to fiscal year 2004 (only one 

amendment authorized for any such contract): Provided further, 

That of the amount provided under this heading, the Secretary may 

make available up to $10,000,000 for incremental tenant-based rental assistance, as authorized by section 811 of such Act, (which assistance is five years in duration): Provided further, That all tenantbased assistance made available under this heading shall continue 

to remain available only to persons with disabilities: Provided further, That the Secretary may waive the provisions of section 811 

governing the terms and conditions of project rental assistance and 

tenant-based assistance, except that the initial contract term for 

such assistance shall not exceed five years in duration. 

Title II of the Departments of Veterans Affairs and Housing 

and Urban Development, and Independent Agencies Appropriations 

Act, 2004, is amended under this heading by striking the fourth 

proviso and inserting ‘‘ Provided further, That all section 811 balances outstanding, as of September 30, 2003, shall be transferred to 

the appropriation under this heading.’’. 

FLEXIBLE SUBSIDY FUND

(TRANSFER OF FUNDS)

From the Rental Housing Assistance Fund, all uncommitted 

balances of excess rental charges as of September 30, 2004, and any 

collections made during fiscal year 2005 and all subsequent fiscal 

years, shall be transferred to the Flexible Subsidy Fund, as authorized by section 236(g) of the National Housing Act, as amended. 

504 

MANUFACTURED HOUSING FEES TRUST FUND

For necessary expenses as authorized by the National Manufactured Housing Construction and Safety Standards Act of 1974, as 

amended (42 U.S.C. 5401 et seq.), up to $13,000,000 to remain 

available until expended, to be derived from the Manufactured 

Housing Fees Trust Fund: Provided, That not to exceed the total 

amount appropriated under this heading shall be available from the 

general fund of the Treasury to the extent necessary to incur obligations and make expenditures pending the receipt of collections to the 

Fund pursuant to section 620 of such Act: Provided further, That 

the amount made available under this heading from the general 

fund shall be reduced as such collections are received during fiscal 

year 2005 so as to result in a final fiscal year 2005 appropriation 

from the general fund estimated at not more than $0 and fees pursuant to such section 620 shall be modified as necessary to ensure 

such a final fiscal year 2005 appropriation. 

FEDERAL HOUSING ADMINISTRATION

MUTUAL MORTGAGE INSURANCE PROGRAM ACCOUNT

(INCLUDING TRANSFER OF FUNDS)

During fiscal year 2005, commitments to guarantee loans to 

carry out the purposes of section 203(b) of the National Housing Act, 

as amended, shall not exceed a loan principal of $185,000,000,000. 

During fiscal year 2005, obligations to make direct loans to 

carry out the purposes of section 204(g) of the National Housing Act, 

as amended, shall not exceed $50,000,000: Provided, That the foregoing amount shall be for loans to nonprofit and governmental entities in connection with sales of single family real properties owned 

by the Secretary and formerly insured under the Mutual Mortgage 

Insurance Fund. 

For administrative expenses necessary to carry out the guaranteed and direct loan program, $356,906,000, of which not to exceed 

$352,906,000 shall be transferred to the appropriation for ‘‘Salaries 

and expenses’’; and not to exceed $4,000,000 shall be transferred to 

the appropriation for ‘‘Office of Inspector General’’. In addition, for 

administrative contract expenses, $78,000,000, of which $15,000,000 

shall be transferred to the Working Capital Fund: Provided, That 

to the extent guaranteed loan commitments exceed $65,500,000,000 

on or before April 1, 2005, an additional $1,400 for administrative 

contract expenses shall be available for each $1,000,000 in additional guaranteed loan commitments (including a pro rata amount 

for any amount below $1,000,000), but in no case shall funds made 

available by this proviso exceed $30,000,000. 

GENERAL AND SPECIAL RISK PROGRAM ACCOUNT

(INCLUDING TRANSFER OF FUNDS)

For the cost of guaranteed loans, as authorized by sections 238 

and 519 of the National Housing Act (12 U.S.C. 1715z–3 and 

1735c), including the cost of loan guarantee modifications, as that 

term is defined in section 502 of the Congressional Budget Act of 

1974, as amended, $10,000,000, to remain available until expended: 

Provided, That these funds are available to subsidize total loan 

505 

principal, any part of which is to be guaranteed, of up to 

$35,000,000,000. 

Gross obligations for the principal amount of direct loans, as 

authorized by sections 204(g), 207(l), 238, and 519(a) of the National Housing Act, shall not exceed $50,000,000, of which not to exceed $30,000,000 shall be for bridge financing in connection with 

the sale of multifamily real properties owned by the Secretary and 

formerly insured under such Act; and of which not to exceed 

$20,000,000 shall be for loans to nonprofit and governmental entities in connection with the sale of single-family real properties 

owned by the Secretary and formerly insured under such Act. 

In addition, for administrative expenses necessary to carry out 

the guaranteed and direct loan programs, $227,767,000, of which 

$207,767,000 shall be transferred to the appropriation for ‘‘Salaries 

and expenses’’; and of which $20,000,000 shall be transferred to the 

appropriation for ‘‘Office of Inspector General’’. 

In addition, for administrative contract expenses necessary to 

carry out the guaranteed and direct loan programs, $86,000,000, of 

which $9,600,000 shall be transferred to the Working Capital Fund: 

Provided, That to the extent guaranteed loan commitments exceed 

$8,426,000,000 on or before April 1, 2005, an additional $1,980 for 

administrative contract expenses shall be available for each 

$1,000,000 in additional guaranteed loan commitments over 

$8,426,000,000 (including a pro rata amount for any increment 

below $1,000,000), but in no case shall funds made available by this 

proviso exceed $14,400,000. 

GOVERNMENT NATIONAL MORTGAGE ASSOCIATION

GUARANTEES OF MORTGAGE-BACKED SECURITIES LOAN GUARANTEE

PROGRAM ACCOUNT

(INCLUDING TRANSFER OF FUNDS)

New commitments to issue guarantees to carry out the purposes 

of section 306 of the National Housing Act, as amended (12 U.S.C. 

1721(g)), shall not exceed $200,000,000,000, to remain available 

until September 30, 2006. 

For administrative expenses necessary to carry out the guaranteed mortgage-backed securities program, $10,695,000, to be derived 

from the GNMA guarantees of mortgage-backed securities guaranteed loan receipt account, of which not to exceed $10,695,000, shall 

be transferred to the appropriation for ‘‘Salaries and expenses’’. 

POLICY DEVELOPMENT AND RESEARCH

RESEARCH AND TECHNOLOGY

For contracts, grants, and necessary expenses of programs of research and studies relating to housing and urban problems, not otherwise provided for, as authorized by title V of the Housing and 

Urban Development Act of 1970, as amended (12 U.S.C. 1701z–1 et 

seq.), including carrying out the functions of the Secretary under 

section 1(a)(1)(i) of Reorganization Plan No. 2 of 1968, $45,500,000, 

to remain available until September 30, 2006: Provided, That of the 

total amount provided under this heading, $7,000,000 shall be for 

the Partnership for Advancing Technology in Housing (PATH) IniVerDate Aug 04 2004 07:33 Dec 01, 2004 Jkt 096906 PO 00000 Frm 00509 Fmt 6659 Sfmt 6603 E:\HR\OC\HR792.XXX HR792
506 

tiative: Provided further, that of the amounts made available for 

PATH under this heading, $3,500,000 shall not be subject to the requirements of section 205 of this title. 

FAIR HOUSING AND EQUAL OPPORTUNITY

FAIR HOUSING ACTIVITIES

For contracts, grants, and other assistance, not otherwise provided for, as authorized by title VIII of the Civil Rights Act of 1968, 

as amended by the Fair Housing Amendments Act of 1988, and section 561 of the Housing and Community Development Act of 1987, 

as amended, $46,500,000, to remain available until September 30, 

2006, of which $20,000,000 shall be to carry out activities pursuant 

to such section 561: Provided, That no funds made available under 

this heading shall be used to lobby the executive or legislative 

branches of the Federal Government in connection with a specific 

contract, grant or loan. 

OFFICE OF LEAD HAZARD CONTROL

LEAD HAZARD REDUCTION

For the Lead Hazard Reduction Program, as authorized by section 1011 of the Residential Lead-Based Paint Hazard Reduction 

Act of 1992, $168,000,000, to remain available until September 30, 

2006, of which $9,900,000 shall be for the Healthy Homes Initiative, 

pursuant to sections 501 and 502 of the Housing and Urban Development Act of 1970 that shall include research, studies, testing, and 

demonstration efforts, including education and outreach concerning 

lead-based paint poisoning and other housing-related diseases and 

hazards: Provided, That for purposes of environmental review, pursuant to the National Environmental Policy Act of 1969 (42 U.S.C. 

4321 et seq.) and other provisions of law that further the purposes 

of such Act, a grant under the Healthy Homes Initiative, Operation 

Lead Elimination Action Plan (LEAP), or the Lead Technical Studies program under this heading or under prior appropriations Acts 

for such purposes under this heading, shall be considered to be 

funds for a special project for purposes of § 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 pre1940 units of rental housing; and (2) a disproportionately high 

number of documented cases of lead-poisoned children: Provided 

further, That each grantee receiving funds under the previous proviso shall target those privately owned units and multifamily buildings that are occupied by low-income families as defined under section 3(b)(2) of the United States Housing Act of 1937: Provided further, That not less than 90 percent of the funds made available 

under this paragraph shall be used exclusively for abatement, inspections, risk assessments, temporary relocations and interim control of lead-based hazards as defined by 42 U.S.C. 4851: Provided 

further, That each recipient of funds provided under the first proviso shall make a matching contribution in an amount not less than 

25 percent: Provided further, That each applicant shall submit a deVerDate Aug 04 2004 07:33 Dec 01, 2004 Jkt 096906 PO 00000 Frm 00510 Fmt 6659 Sfmt 6603 E:\HR\OC\HR792.XXX HR792
507 

tailed plan and strategy that demonstrates adequate capacity that 

is acceptable to the Secretary to carry out the proposed use of funds 

pursuant to a Notice of Funding Availability. 

MANAGEMENT AND ADMINISTRATION

SALARIES AND EXPENSES

(INCLUDING TRANSFER OF FUNDS)

For necessary administrative and non-administrative expenses 

of the Department of Housing and Urban Development, not otherwise provided for, including purchase of uniforms, or allowances 

therefor, as authorized by 5 U.S.C. 5901–5902; hire of passenger 

motor vehicles; services as authorized by 5 U.S.C. 3109; and not to 

exceed $25,000 for official reception and representation expenses, 

$1,120,000,000, of which $560,673,000 shall be provided from the 

various funds of the Federal Housing Administration, $10,695,000 

shall be provided from funds of the Government National Mortgage 

Association, $1,000,000 shall be provided from the ‘‘Community development loan guarantees program’’ account, $150,000 shall be 

provided by transfer from the ‘‘Native American housing block 

grants’’ account, $250,000 shall be provided by transfer from the 

‘‘Indian housing loan guarantee fund program’’ account and 

$35,000 shall be transferred from the ‘‘Native Hawaiian housing 

loan guarantee fund’’ account: Provided, That funds made available 

under this heading shall only be allocated in the manner specified 

in the report accompanying this Act unless the Committees on Appropriations of both the House of Representatives and the Senate 

are notified of any changes in an operating plan or reprogramming: 

Provided further, That no official or employee of the Department 

shall be designated as an allotment holder unless the Office of the 

Chief Financial Officer (OCFO) has determined that such allotment 

holder has implemented an adequate system of funds control and 

has received training in funds control procedures and directives: 

Provided further, That the Chief Financial Officer shall establish 

positive control of and maintain adequate systems of accounting for 

appropriations and other available funds as required by 31 U.S.C. 

1514: Provided further, That for purposes of funds control and determining whether a violation exists under the Anti-Deficiency Act 

(31 U.S.C. 1341 et seq.), the point of obligation shall be the executed 

agreement or contract, except with respect to insurance and guarantee programs, certain types of salaries and expenses funding, and 

incremental funding that is authorized under an executed agreement or contract, and shall be designated in the approved funds 

control plan: Provided further, That the Chief Financial Officer 

shall: (1) appoint qualified personnel to conduct investigations of 

potential or actual violations; (2) establish minimum training requirements and other qualifications for personnel that may be appointed to conduct investigations; (3) establish guidelines and timeframes for the conduct and completion of investigations; (4) prescribe the content, format and other requirements for the submission 

of final reports on violations; and (5) prescribe such additional policies and procedures as may be required for conducting investigations of, and administering, processing, and reporting on, potential 

and actual violations of the Anti-Deficiency Act and all other statVerDate Aug 04 2004 07:33 Dec 01, 2004 Jkt 096906 PO 00000 Frm 00511 Fmt 6659 Sfmt 6603 E:\HR\OC\HR792.XXX HR792
508 

utes 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. 

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 

509 

requirements under Subtitle B of such Act: Provided further, That 

not to exceed the amount provided herein shall be available from the 

general fund of the Treasury to the extent necessary to incur obligations and make expenditures pending the receipt of collections to the 

Fund: Provided further, That the general fund amount shall be reduced as collections are received during the fiscal year so as to result in a final appropriation from the general fund estimated at not 

more than $0. 

PUBLIC AND INDIAN HOUSING

HOUSING CERTIFICATE FUND

(RESCISSION)

Of the unobligated balances, including recaptures and carryover, remaining from funds appropriated to the Department of 

Housing and Urban Development under this heading or the heading 

‘‘Annual contributions for assisted housing’’ or any other heading 

for fiscal year 2004 and prior years, $1,557,000,000 is rescinded, to 

be effected by the Secretary no later than September 30, 2005: Provided, That any such balances governed by reallocation provisions 

under the statute authorizing the program for which the funds were 

originally appropriated shall be available for the rescission: Provided further, That any obligated balances of contract authority 

from fiscal year 1974 and prior that have been terminated shall be 

cancelled: Provided further, That no amounts recaptured from 

amounts appropriated in prior years under this heading or the 

heading ‘‘Annual contributions for assisted housing’’ and no carryover of such appropriated amounts for project-based assistance shall 

be available for the calendar year 2005 funding cycle for activities 

provided for under the heading ‘‘Tenant-based rental assistance’’: 

Provided further, That amounts recaptured under this heading or 

the heading ‘‘Annual contributions for assisted housing’’ from 

amounts appropriated for project-based section 8 activities may be 

used for amendments to section 8 project-based subsidy contracts or 

for performance-based contract administrators, notwithstanding the 

purposes for which such amounts were appropriated. 

DRUG ELIMINATION GRANTS FOR LOW-INCOME HOUSING

(RESCISSION)

Of the unobligated balances remaining from funds appropriated in fiscal year 2001 and prior years under the heading ‘‘Drug 

elimination grants for low-income housing’’, $5,000,000 are rescinded. 

NATIVE AMERICAN HOUSING BLOCK GRANTS

(RESCISSION)

Of the unobligated balances remaining from funds appropriated in fiscal year 2004 and prior years under the heading ‘‘Native American housing block grants’’ for activities related to title VI 

of NAHASDA, $21,000,000 are rescinded. 

510 

INDIAN HOUSING LOAN GUARANTEE PROGRAM ACCOUNT

(RESCISSION)

Of the unobligated balances remaining from funds appropriated in fiscal year 2004 and prior years under the heading ‘‘Indian housing loan guarantee fund program account’’ for activities 

related to the cost of guaranteed loans, $33,000,000 are rescinded. 

HOUSING PROGRAMS

RENTAL HOUSING ASSISTANCE

(RESCISSION)

Of the amounts made available under the heading ‘‘Rent Supplement’’ in Public Law 98–63 for amendments to contracts under 

section 101 of the Housing and Urban Development Act of 1965 (12 

U.S.C. 1701s) and section 236(f)(2) of the National Housing Act (12 

U.S.C. 1715z–1) in State-aided, non-insured rental housing projects, 

up to $675,000,000 is cancelled. 

FEDERAL HOUSING ADMINISTRATION

GENERAL AND SPECIAL RISK PROGRAM ACCOUNT

(RESCISSION)

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

‘‘General and special risk program account’’, $30,000,000 are rescinded. 

ADMINISTRATIVE PROVISIONS

SEC. 201. Fifty percent of the amounts of budget authority, or 

in lieu thereof 50 percent of the cash amounts associated with such 

budget authority, that are recaptured from projects described in section 1012(a) of the Stewart B. McKinney Homeless Assistance 

Amendments Act of 1988 (42 U.S.C. 1437 note) shall be rescinded, 

or in the case of cash, shall be remitted to the Treasury, and such 

amounts of budget authority or cash recaptured and not rescinded 

or remitted to the Treasury shall be used by State housing finance 

agencies or local governments or local housing agencies with 

projects approved by the Secretary of Housing and Urban Development for which settlement occurred after January 1, 1992, in accordance with such section. Notwithstanding the previous sentence, 

the Secretary may award up to 15 percent of the budget authority 

or cash recaptured and not rescinded or remitted to the Treasury to 

provide project owners with incentives to refinance their project at 

a lower interest rate. 

SEC. 202. None of the amounts made available under this Act 

may be used during fiscal year 2005 to investigate or prosecute 

under the Fair Housing Act any otherwise lawful activity engaged 

in by one or more persons, including the filing or maintaining of a 

non-frivolous legal action, that is engaged in solely for the purpose 

of achieving or preventing action by a Government official or entity, 

or a court of competent jurisdiction. 

511 

SEC. 203. (a) Notwithstanding section 854(c)(1)(A) of the AIDS 

Housing Opportunity Act (42 U.S.C. 12903(c)(1)(A)), from any 

amounts made available under this title for fiscal year 2005 that 

are allocated under such section, the Secretary of Housing and 

Urban Development shall allocate and make a grant, in the amount 

determined under subsection (b), for any State that— 

(1) received an allocation in a prior fiscal year under clause 

(ii) of such section; and 

(2) is not otherwise eligible for an allocation for fiscal year 

2005 under such clause (ii) because the areas in the State outside of the metropolitan statistical areas that qualify under 

clause (i) in fiscal year 2005 do not have the number of cases 

of acquired immunodeficiency syndrome (AIDS) required under 

such clause. 

(b) The amount of the allocation and grant for any State described in subsection (a) shall be an amount based on the cumulative number of AIDS cases in the areas of that State that are outside of metropolitan statistical areas that qualify under clause (i) of 

such section 854(c)(1)(A) in fiscal year 2005, in proportion to AIDS 

cases among cities and States that qualify under clauses (i) and (ii) 

of such section and States deemed eligible under subsection (a). 

(c) Notwithstanding any other provision of law, the amount allocated for fiscal year 2005 under section 854(c) of the AIDS Housing Opportunity Act (42 U.S.C. 12903(c)), to the City of New York, 

New York, on behalf of the New York-Wayne-White Plains, New 

York-New Jersey Metropolitan Division (hereafter ‘‘metropolitan division’’) of the New York-Newark-Edison, NY-NJ-PA Metropolitan 

Statistical Area, shall be adjusted by the Secretary of Housing and 

Urban Development by: (a) allocating to the City of Jersey City, New 

Jersey, the proportion of the metropolitan area’s or division’s 

amount that is based on the number of cases of AIDS reported in 

the portion of the metropolitan area or division that is located in 

Hudson County, New Jersey, and adjusting for the proportion of the 

metropolitan division’s high incidence bonus if this area in New 

Jersey also has a higher than average per capita incidence of AIDS; 

and (b) allocating to the City of Paterson, New Jersey, the proportion of the metropolitan area’s or division’s amount that is based on 

the number of cases of AIDS reported in the portion of the metropolitan area or division that is located in Bergen County and Passaic County, New Jersey, and adjusting for the proportion of the 

metropolitan division’s high incidence bonus if this area in New 

Jersey also has a higher than average per capita incidence of AIDS. 

The recipient cities shall use amounts allocated under this subsection to carry out eligible activities under section 855 of the AIDS 

Housing Opportunity Act (42 U.S.C. 12904) in their respective portions of the metropolitan division that is located in New Jersey. 

SEC. 204. (a) During fiscal year 2005, in the provision of rental 

assistance under section 8(o) of the United States Housing Act of 

1937 (42 U.S.C. 1437f(o)) in connection with a program to demonstrate the economy and effectiveness of providing such assistance 

for use in assisted living facilities that is carried out in the counties 

of the State of Michigan specified in subsection (b) of this section, 

notwithstanding paragraphs (3) and (18)(B)(iii) of such section 8(o), 

a family residing in an assisted living facility in any such county, 

on behalf of which a public housing agency provides assistance purVerDate Aug 04 2004 07:33 Dec 01, 2004 Jkt 096906 PO 00000 Frm 00515 Fmt 6659 Sfmt 6603 E:\HR\OC\HR792.XXX HR792
512 

suant to section 8(o)(18) of such Act, may be required, at the time 

the family initially receives such assistance, to pay rent in an 

amount exceeding 40 percent of the monthly adjusted income of the 

family by such a percentage or amount as the Secretary of Housing 

and Urban Development determines to be appropriate. 

(b) The counties specified in this subsection are Oakland County, Macomb County, Wayne County, and Washtenaw County, in the 

State of Michigan. 

SEC. 205. Except as explicitly provided in law, any grant, cooperative agreement or other assistance made pursuant to title II of 

this Act shall be made on a competitive basis and in accordance 

with section 102 of the Department of Housing and Urban Development Reform Act of 1989. 

SEC. 206. Funds of the Department of Housing and Urban Development subject to the Government Corporation Control Act or section 402 of the Housing Act of 1950 shall be available, without regard to the limitations on administrative expenses, for legal services 

on a contract or fee basis, and for utilizing and making payment 

for services and facilities of the Federal National Mortgage Association, Government National Mortgage Association, Federal Home 

Loan Mortgage Corporation, Federal Financing Bank, Federal Reserve banks or any member thereof, Federal Home Loan banks, and 

any insured bank within the meaning of the Federal Deposit Insurance Corporation Act, as amended (12 U.S.C. 1811–1831). 

SEC. 207. Unless otherwise provided for in this Act or through 

a reprogramming of funds, no part of any appropriation for the Department of Housing and Urban Development shall be available for 

any program, project or activity in excess of amounts set forth in the 

budget estimates submitted to Congress. 

SEC. 208. Corporations and agencies of the Department of 

Housing and Urban Development which are subject to the Government Corporation Control Act, as amended, are hereby authorized 

to make such expenditures, within the limits of funds and borrowing authority available to each such corporation or agency and 

in accordance with law, and to make such contracts and commitments without regard to fiscal year limitations as provided by section 104 of such Act as may be necessary in carrying out the programs set forth in the budget for 2005 for such corporation or agency except as hereinafter provided: Provided, That collections of these 

corporations and agencies may be used for new loan or mortgage 

purchase commitments only to the extent expressly provided for in 

this Act (unless such loans are in support of other forms of assistance provided for in this or prior appropriations Acts), except that 

this proviso shall not apply to the mortgage insurance or guaranty 

operations of these corporations, or where loans or mortgage purchases are necessary to protect the financial interest of the United 

States Government. 

SEC. 209. None of the funds provided in this title for technical 

assistance, training, or management improvements may be obligated or expended unless HUD provides to the Committees on Appropriations a description of each proposed activity and a detailed 

budget estimate of the costs associated with each program, project 

or activity as part of the Budget Justifications. For fiscal year 2005, 

HUD shall transmit this information to the Committees by March 

15, 2005 for 30 days of review. 

513 

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 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 

514 

to carry out eligible activities within the portion of the metropolitan 

statistical area located in that State. 

SEC. 213. Notwithstanding any other provision of law, for this 

fiscal year and every fiscal year thereafter, funds appropriated for 

housing for the elderly, as authorized by section 202 of the Housing 

Act of 1959, as amended, and for supportive housing for persons 

with disabilities, as authorized by section 811 of the Cranston-Gonzalez National Affordable Housing Act, shall be available for the 

cost of maintaining and disposing of such properties that are acquired or otherwise become the responsibility of the Department. 

SEC. 214. The Secretary of Housing and Urban Development 

shall submit an annual report no later than August 30, 2005 and 

annually thereafter to the House and Senate Committees on Appropriations regarding the number of Federally assisted units under 

lease and the per unit cost of these units to the Department of Housing and Urban Development. 

SEC. 215. The Department of Housing and Urban Development 

shall submit the Department’s fiscal year 2006 congressional budget 

justifications to the Committees on Appropriations of the House of 

Representatives and the Senate using the identical structure provided under this Act and only in accordance with the direction specified in the report accompanying this Act. 

SEC. 216. That incremental voucher previously made available 

under the heading ‘‘Housing Certificate Fund’’ for non-elderly disabled families shall, to the extent practicable, continue to be provided to non-elderly disabled families upon turnover. 

SEC. 217. The installment contract between the Village of 

Hanna City, Illinois and the General Services Administration is in 

the nature of a purchase money mortgage which will be paid off at 

initial closing. The Department of Housing and Urban Development 

shall accept the Village of Hanna City, Illinois’ holding of equitable 

title to this property as sufficient for the purposes of the section 202 

housing program. 

SEC. 218. A public housing agency or such other entity that administers Federal housing assistance in the states of Alaska, Iowa, 

and Mississippi shall not be required to include a resident of public 

housing or a recipient of assistance provided under section 8 of the 

United States Housing Act of 1937 on the board of directors or a 

similar governing board of such agency or entity as required under 

section (2)(b) of such Act. Each public housing agency or other entity 

that administers Federal housing assistance under section 8 in the 

states of Alaska, Iowa and Mississippi shall establish an advisory 

board of not less than 6 residents of public housing or recipients of 

section 8 assistance to provide advice and comment to the public 

housing agency or other administering entity on issues related to 

public housing and section 8. Such advisory board shall meet not 

less than quarterly. 

SEC. 219. (a) Section 536(b)(1) of the National Housing Act (12 

U.S.C. 1735f–14(b)(1)) is amended by adding the following new subparagraph at the end: 

‘‘(J) Failure to perform a required physical inspection 

of the mortgaged property.’’. 

(b) Section 537(c)(1)(B)(ii) of such Act (12 U.S.C. 1735f– 

15(c)(1)(B)(ii)) is amended by inserting after ‘‘rents,’’ the following: 

‘‘other revenues, or contract rights,’’. 

515 

(c) Section 537(c)(1)(B)(x) of such Act (12 U.S.C. 1735f– 

15(c)(1)(B)(x)) is amended to read as follows: 

‘‘(x) Failure to furnish the Secretary, by the expiration of the 90-day period beginning on the first day 

after the completion of each fiscal year (unless the Secretary has approved an extension of the 90-day period 

in writing), with a complete annual financial report, in 

accordance with requirements prescribed by the Secretary, including requirements that the report be— 

‘‘(I) based upon an examination of the books 

and records of the mortgagor; 

‘‘(II) prepared and certified to by an independent public accountant or a certified public accountant (unless the Secretary has waived this requirement in writing); and 

‘‘(III) certified to by the mortgagor or an authorized representative of the mortgagor. 

‘‘The Secretary shall approve an extension where the mortgagor 

demonstrates that failure to comply with this clause is due to events 

beyond the control of the mortgagor.’’. 

SEC. 220. Section 421 of the Housing and Community Development Act of 1987 (12 U.S.C. 1715z–4a) is amended— 

(1) in subsection (a)(1)(A), by inserting after ‘‘project’’ the 

following: ‘‘, nursing home, intermediate care facility, board 

and care home, assisted living facility, or hospital’’; 

(2) in subsection (a)(1)(B), by inserting after ‘‘is’’ the following: ‘‘or, at the time of the violations, was’’; 

(3) in the second sentence of subsection (a)(1), by striking 

‘‘project’’ and inserting ‘‘property’’; 

(4) in subsection (a)(2) by striking ‘‘which’’ and all that follows through ‘‘any owner’’ and inserting the following: ‘‘that 

owns or operates a property, as identified in the regulatory 

agreement, including but not limited to— 

‘‘(A) any stockholder holding 25 percent or more interest of a corporation that owns that property; 

‘‘(B) any beneficial owner of the property under any 

business or trust; 

‘‘(C) any officer, director, or partner of an entity owning 

or controlling the property; 

‘‘(D) any nursing home lessee or operator; 

‘‘(E) any hospital lessee or operator; 

‘‘(F) any other person or entity that controls the property regardless of that person or entity’s official relationship 

to the property; and 

‘‘(G) any heir, assignee, successor in interest, or agent 

of any person or entity described in the preceding subparagraphs’’; 

(5) in subsection (c), by striking ‘‘project’’ the first two 

places it appears and inserting ‘‘property’’; and 

(6) in subsection (d), by striking ‘‘project’’ and inserting ‘‘a 

property’s’’. 

SEC. 221. Section 204(h) of the National Housing Act (12 

U.S.C. 1710(h)) is amended— 

(1) in paragraph (2)— 

516 

(A) by striking ‘‘following assets of the Secretary’’ and 

inserting ‘‘following categories of assets of the Secretary, 

unless the Secretary determines at any time that the asset 

property is economically or otherwise infeasible to rehabilitate or that the best use of the asset property is as open 

space (including park land)’’; 

(B) in subparagraph (B)(ii), by inserting after ‘‘Act’’ the 

following: ‘‘except for mortgages insured under or made 

pursuant to sections 235, 247, or 255’’; and 

(C) by striking subparagraph (C); 

(2) in the second sentence of paragraph (3), by inserting 

after ‘‘government’’ the following: ‘‘, States, and Indian tribes’’; 

(3) in paragraph (4)— 

(A) in subparagraph (A)(i), by inserting after ‘‘government’’ the following: ‘‘, State, or Indian tribe’’; 

(B) by revising subparagraph (B)(ii) to read as follows: 

‘‘(ii) purchases all assets of the Secretary in the 

category or categories of eligible assets set forth in the 

sale agreement required under paragraph (7) that, at 

any time during the period which shall be set forth in 

the sale agreement— 

‘‘(I) are or become eligible for purchase under 

this subsection; and 

‘‘(II) are located in the asset control area of the 

purchaser; and’’; and 

(C) in subparagraph (C), by striking ‘‘purchase of eligible assets under’’ and inserting ‘‘purchase of the category or 

categories of eligible assets set forth in the sale agreement 

under’’; 

(4) in paragraph (6)— 

(A) by revising subparagraph (C) to read as follows: 

‘‘(C) DISCOUNTS.—The Secretary, in the sole discretion 

of the Secretary, shall establish the discount under this 

paragraph for an eligible asset. In determining the discount, the Secretary may consider the condition of the asset 

property, the extent of resources available to the preferred 

purchaser, the comprehensive revitalization plan undertaken by such purchaser, the financial safety and soundness of the Mutual Mortgage Insurance Fund, and any 

other circumstances the Secretary considers appropriate’’; 

and 

(B) by striking subparagraph (D); 

(5) in paragraph (7)(A), by striking ‘‘eligible assets to be 

purchased and the interests sold’’ and inserting ‘‘category or 

categories of eligible assets to be purchased and, based on the 

purchaser’s capacity to manage and dispose of assets, the maximum number of assets owned by the Secretary at the time the 

sale agreement is executed that shall be sold to the purchaser’’; 

and 

(6) in paragraph (8)— 

(A) in subparagraph (F), by inserting after ‘‘State’’ the 

following: ‘‘, and any agency or instrumentality thereof that 

is established pursuant to legislation and designated by the 

chief executive officer to act on behalf of the jurisdiction 

with regard to the provisions of this subsection’’; and 

517 

(B) by adding the following new subparagraphs at the 

end: 

‘‘(G) STATE.—The term ‘State’ means any State of the 

United States, the District of Columbia, the Commonwealth 

of Puerto Rico, Guam, American Samoa, the Virgin Islands, the Northern Mariana Islands, or any agency or instrumentality thereof that is established pursuant to legislation and designated by the chief executive officer to act on 

behalf of the State with regard to provisions of this subjection. 

‘‘(H) INDIAN TRIBE.—The term ‘‘Indian tribe’’ has the 

same meaning as in section 248(i)(I) of this Act.’’. 

SEC. 222. Section 203(c) of the National Housing Act (12 U.S.C. 

1709(c)), as amended, is further amended in paragraph (1) by striking ‘‘subsections (n) and (k)’’ and inserting ‘‘subsection (n)’’ and 

striking ‘‘or (k)’’. 

SEC. 223. Section 203(c)(2)(A) of the National Housing Act (12 

U.S.C. 1709(c)(2)(A)) is amended in the last sentence after ‘‘subparagraph’’ by inserting the following: ‘‘, provided that the mortgagor refinances the unpaid principal obligation under title II of this Act’’. 

This provision shall apply to loans that become insured on or after 

date of enactment of this Act. 

SEC. 224. The portion of any athletic scholarship assistance 

that is available for housing costs shall be considered adjusted income for purposes of section 3(b)(5) of the United States Housing Act 

of 1937. The Secretary of Housing and Urban Development shall by 

notice establish criteria under which persons who receive athletic 

scholarship assistance may be denied housing assistance under the 

United States Housing Act of 1937. 

SEC. 225. The funds made available for Native Alaskans under 

the heading ‘‘Native American Housing Block Grants’’ in title II of 

this Act shall be allocated to the same Native Alaskan housing 

block grant recipients that received funds in fiscal year 2004. 

TITLE III—INDEPENDENT AGENCIES 

AMERICAN BATTLE MONUMENTS COMMISSION

SALARIES AND EXPENSES

For necessary expenses, not otherwise provided for, of the American Battle Monuments Commission, including the acquisition of 

land or interest in land in foreign countries; purchases and repair 

of uniforms for caretakers of national cemeteries and monuments 

outside of the United States and its territories and possessions; rent 

of office and garage space in foreign countries; purchase (one for replacement only) and hire of passenger motor vehicles; not to exceed 

$7,500 for official reception and representation expenses; and insurance of official motor vehicles in foreign countries, when required by 

law of such countries, $41,100,000, to remain available until expended. 

FOREIGN CURRENCY FLUCTUATIONS ACCOUNT

For necessary expenses, not otherwise provided for, of the Amer- ican Battle Monuments Commission, $12,000,000, to remain available until expended, for purposes authorized by 36 U.S.C. 2109. 

518 

CHEMICAL SAFETY AND HAZARD INVESTIGATION BOARD

SALARIES AND EXPENSES

For necessary expenses in carrying out activities pursuant to 

section 112(r)(6) of the Clean Air Act, as amended, including hire 

of passenger vehicles, uniforms or allowances therefore, as authorized by 5 U.S.C. 5901–5902, and for services authorized by 5 U.S.C. 

3109 but at rates for individuals not to exceed the per diem equivalent to the maximum rate payable for senior level positions under 

5 U.S.C. 5376, $9,100,000: Provided, That the Chemical Safety and 

Hazard Investigation Board (Board) shall have not more than three 

career Senior Executive Service positions: Provided further, That 

notwithstanding any other provision of law, the individual appointed to the position of Inspector General of the Environmental 

Protection Agency (EPA) shall, by virtue of such appointment, also 

hold the position of Inspector General of the Board: Provided further, That notwithstanding any other provision of law, the Inspector 

General of the Board shall utilize personnel of the Office of Inspector General of EPA in performing the duties of the Inspector General of the Board, and shall not appoint any individuals to positions 

within the Board. 

EMERGENCY FUND

For necessary expenses of the Chemical Safety and Hazard Investigation Board for accident investigations not otherwise provided 

for, $400,000, to remain available until expended. 

DEPARTMENT OF THE TREASURY

COMMUNITY DEVELOPMENT FINANCIAL INSTITUTIONS

COMMUNITY DEVELOPMENT FINANCIAL INSTITUTIONS FUND PROGRAM

ACCOUNT

To carry out the Community Development Banking and Financial Institutions Act of 1994, including services authorized by 5 

U.S.C. 3109, but at rates for individuals not to exceed the per diem 

rate equivalent to the rate for ES–3, $55,522,000, to remain available until September 30, 2006, of which $4,000,000 shall be for financial assistance, technical assistance, training and outreach programs designed to benefit Native American, Native Hawaiian, and 

Alaskan Native communities and provided primarily through qualified community development lender organizations with experience 

and expertise in community development banking and lending in 

Indian country, Native American organizations, tribes and tribal organizations and other suitable providers, and up to $14,900,000 

may be used for administrative expenses, including administration 

of the New Markets Tax Credit, up to $6,000,000 may be used for 

the cost of direct loans, and up to $250,000 may be used for administrative expenses to carry out the direct loan program: Provided, 

That the cost of direct loans, including the cost of modifying such 

loans, shall be as defined in section 502 of the Congressional Budget Act of 1974, as amended: Provided further, That these funds are 

available to subsidize gross obligations for the principal amount of 

direct loans not to exceed $11,000,000. 

519 

CONSUMER PRODUCT SAFETY COMMISSION

SALARIES AND EXPENSES

For necessary expenses of the Consumer Product Safety Commission, including hire of passenger motor vehicles, services as authorized by 5 U.S.C. 3109, but at rates for individuals not to exceed 

the per diem rate equivalent to the maximum rate payable under 5 

U.S.C. 5376, purchase of nominal awards to recognize non-Federal 

officials’ contributions to Commission activities, and not to exceed 

$500 for official reception and representation expenses, $62,650,000. 

CORPORATION FOR NATIONAL AND COMMUNITY SERVICE

NATIONAL AND COMMUNITY SERVICE PROGRAMS OPERATING

EXPENSES

(INCLUDING TRANSFER OF FUNDS)

For necessary expenses for the Corporation for National and 

Community Service (the ‘‘Corporation’’) in carrying out programs, 

activities, and initiatives under the National and Community Service Act of 1990 (the ‘‘Act’’) (42 U.S.C. 12501 et seq.), $545,884,000, 

to remain available until September 30, 2006: Provided, That not 

more than $290,000,000 of the amount provided under this heading 

shall be available for grants under the National Service Trust Program authorized under subtitle C of title I of the Act (42 U.S.C. 

12571 et seq.) (relating to activities of the AmeriCorps program), including grants to organizations operating projects under the 

AmeriCorps Education Awards Program (without regard to the requirements of sections 121(d) and (e), section 131(e), section 132, 

and sections 140(a), (d), and (e) of the Act): Provided further, That 

not less than $144,000,000 of the amount provided under this heading, to remain available without fiscal year limitation, shall be 

transferred to the National Service Trust for educational awards 

authorized under subtitle D of title I of the Act (42 U.S.C. 12601), 

of which up to $3,900,000 shall be available to support national 

service scholarships for high school students performing community 

service, and of which $13,000,000 shall be held in reserve as defined 

in Public Law 108–45: Provided further, That in addition to 

amounts otherwise provided to the National Service Trust under the 

second proviso, the Corporation may transfer funds from the 

amount provided under the first proviso, to the National Service 

Trust authorized under subtitle D of title I of the Act (42 U.S.C. 

12601) upon determination that such transfer is necessary to support the activities of national service participants and after notice 

is transmitted to Congress: Provided further, That of the amount 

provided under this heading for grants under the National Service 

Trust program authorized under subtitle C of title I of the Act, not 

more than $55,000,000 may be used to administer, reimburse, or 

support any national service program authorized under section 

121(d)(2) of such Act (42 U.S.C. 12581(d)(2)): Provided further, 

That not more than $13,334,000 shall be available for quality and 

innovation activities authorized under subtitle H of title I of the Act 

(42 U.S.C. 12853 et seq.), of which $4,000,000 shall be available for 

challenge grants to non-profit organizations: Provided further, That 

notwithstanding subtitle H of title I of the Act (42 U.S.C. 12853), 

520 

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 communitybased service-learning programs authorized under subtitle B of title 

I of the Act (42 U.S.C. 12521 et seq.): Provided further, That 

$3,550,000 shall be available for audits and other evaluations authorized under section 179 of the Act (42 U.S.C. 12639): Provided 

further, That $10,000,000 of the funds made available under this 

heading shall be made available for the Points of Light Foundation 

for activities authorized under title III of the Act (42 U.S.C. 12661 

et seq.), of which not more than $2,500,000 may be used to support 

an endowment fund, the corpus of which shall remain intact and 

the interest income from which shall be used to support activities 

described in title III of the Act, provided that the Foundation may 

invest the corpus and income in federally insured bank savings accounts or comparable interest bearing accounts, certificates of deposit, money market funds, mutual funds, obligations of the United 

States, and other market instruments and securities but not in real 

estate investments: Provided further, That no funds shall be available for national service programs run by Federal agencies authorized under section 121(b) of such Act (42 U.S.C. 12571(b)): Provided 

further, That $4,500,000 of the funds made available under this 

heading shall be made available to America’s Promise—The Alliance for Youth, Inc.: Provided further, That to the maximum extent 

practicable, the Corporation shall increase significantly the level of 

matching funds and in-kind contributions provided by the private 

sector, and shall reduce the total Federal costs per participant in all 

programs. 

SALARIES AND EXPENSES

For necessary expenses of administration as provided under section 501(a)(4) of the National and Community Service Act of 1990 

(42 U.S.C. 12501 et seq.) including payment of salaries, authorized 

travel, hire of passenger motor vehicles, the rental of conference 

rooms in the District of Columbia, the employment of experts and 

consultants authorized under 5 U.S.C. 3109, and not to exceed 

$2,500 for official reception and representation expenses, 

$26,000,000. 

OFFICE OF INSPECTOR GENERAL

For necessary expenses of the Office of Inspector General in carrying out the Inspector General Act of 1978, as amended, 

$6,000,000, to remain available until September 30, 2006. 

521 

ADMINISTRATIVE PROVISIONS

Notwithstanding any other provision of law, the term ‘‘qualified 

student loan’’ with respect to national service education awards 

shall mean any loan determined by an institution of higher education to be necessary to cover a student’s cost of attendance at such 

institution and made, insured, or guaranteed directly to a student 

by a State agency, in addition to other meanings under section 

148(b)(7) of the National and Community Service Act. 

Notwithstanding any other provision of law, funds made available under section 129(d)(5)(B) of the National and Community 

Service Act to assist entities in placing applicants who are individuals with disabilities may be provided to any entity that receives a 

grant under section 121 of the Act. 

The Inspector General of the Corporation for National and 

Community Service shall conduct random audits of the grantees 

that administer activities under the AmeriCorps programs and 

shall levy sanctions in accordance with standard Inspector General 

audit resolution procedures which include, but are not limited to, 

debarment of any grantee (or successor in interest or any entity with 

substantially the same person or persons in control) that has been 

determined to have committed any substantial violations of the requirements of the AmeriCorps programs, including any grantee that 

has been determined to have violated the prohibition of using Federal funds to lobby the Congress: Provided, That the Inspector General shall obtain reimbursements in the amount of any misused 

funds from any grantee that has been determined to have committed 

any substantial violations of the requirements of the AmeriCorps 

programs. 

For fiscal year 2005, the Corporation shall make any significant changes to program requirements or policy only through public 

notice and comment rulemaking. For fiscal year 2005, during any 

grant selection process, no officer or employee of the Corporation 

shall knowingly disclose any covered grant selection information regarding such selection, directly or indirectly, to any person other 

than an officer or employee of the Corporation that is authorized by 

the Corporation to receive such information. 

U.S. COURT OF APPEALS FOR VETERANS CLAIMS

SALARIES AND EXPENSES

For necessary expenses for the operation of the United States 

Court of Appeals for Veterans Claims as authorized by 38 U.S.C. 

7251–7298, $17,250,000, of which $1,100,000 shall be available for 

the purpose of providing financial assistance as described, and in 

accordance with the process and reporting procedures set forth, 

under this heading in Public Law 102–229. 

DEPARTMENT OF DEFENSE—CIVIL

CEMETERIAL EXPENSES, ARMY

SALARIES AND EXPENSES

For necessary expenses, as authorized by law, for maintenance, 

operation, and improvement of Arlington National Cemetery and 

Soldiers’ and Airmen’s Home National Cemetery, including the purVerDate Aug 04 2004 07:33 Dec 01, 2004 Jkt 096906 PO 00000 Frm 00525 Fmt 6659 Sfmt 6603 E:\HR\OC\HR792.XXX HR792
522 

chase of one passenger motor vehicle for replacement only, and not 

to exceed $1,000 for official reception and representation expenses, 

$29,600,000, to remain available until expended. 

DEPARTMENT OF HEALTH AND HUMAN SERVICES

NATIONAL INSTITUTES OF HEALTH

NATIONAL INSTITUTE OF ENVIRONMENTAL HEALTH SCIENCES

For necessary expenses for the National Institute of Environmental Health Sciences in carrying out activities set forth in section 

311(a) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended, and section 126(g) of 

the Superfund Amendments and Reauthorization Act of 1986, 

$80,486,000. 

AGENCY FOR TOXIC SUBSTANCES AND DISEASE REGISTRY

TOXIC SUBSTANCES AND ENVIRONMENTAL PUBLIC HEALTH

For necessary expenses for the Agency for Toxic Substances and 

Disease Registry (ATSDR) in carrying out activities set forth in sections 104(i), 111(c)(4), and 111(c)(14) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 

(CERCLA), as amended; section 118(f) of the Superfund Amendments and Reauthorization Act of 1986 (SARA), as amended; and 

section 3019 of the Solid Waste Disposal Act, as amended, 

$76,654,000: Provided, That notwithstanding any other provision of 

law, in lieu of performing a health assessment under section 

104(i)(6) of CERCLA, the Administrator of ATSDR may conduct 

other appropriate health studies, evaluations, or activities, including, without limitation, biomedical testing, clinical evaluations, 

medical monitoring, and referral to accredited health care providers: Provided further, That in performing any such health assessment or health study, evaluation, or activity, the Administrator 

of ATSDR shall not be bound by the deadlines in section 

104(i)(6)(A) of CERCLA: Provided further, That none of the funds 

appropriated under this heading shall be available for ATSDR to 

issue in excess of 40 toxicological profiles pursuant to section 104(i) 

of CERCLA during fiscal year 2005, and existing profiles may be 

updated as necessary. 

ENVIRONMENTAL PROTECTION AGENCY

SCIENCE AND TECHNOLOGY

(INCLUDING TRANSFER OF FUNDS)

For science and technology, including research and development 

activities, which shall include research and development activities 

under the Comprehensive Environmental Response, Compensation, 

and Liability Act of 1980, as amended; necessary expenses for personnel and related costs and travel expenses, including uniforms, or 

allowances therefor, as authorized by 5 U.S.C. 5901–5902; services 

as authorized by 5 U.S.C. 3109, but at rates for individuals not to 

exceed the per diem rate equivalent to the maximum rate payable 

for senior level positions under 5 U.S.C. 5376; procurement of labVerDate Aug 04 2004 07:33 Dec 01, 2004 Jkt 096906 PO 00000 Frm 00526 Fmt 6659 Sfmt 6603 E:\HR\OC\HR792.XXX HR792
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oratory equipment and supplies; other operating expenses in support 

of research and development; construction, alteration, repair, rehabilitation, and renovation of facilities, not to exceed $85,000 per 

project, $750,061,000, which shall remain available until September 

30, 2006: Provided, That of the amounts made available under this 

heading $1,000,000 shall be transferred to the Office of Environmental Quality Management fund. 

ENVIRONMENTAL PROGRAMS AND MANAGEMENT

For environmental programs and management, including necessary expenses, not otherwise provided for, for personnel and related costs and travel expenses, including uniforms, or allowances 

therefor, as authorized by 5 U.S.C. 5901–5902; services as authorized by 5 U.S.C. 3109, but at rates for individuals not to exceed the 

per diem rate equivalent to the maximum rate payable for senior 

level positions under 5 U.S.C. 5376; hire of passenger motor vehicles; hire, maintenance, and operation of aircraft; purchase of reprints; library memberships in societies or associations which issue 

publications to members only or at a price to members lower than 

to subscribers who are not members; construction, alteration, repair, 

rehabilitation, and renovation of facilities, not to exceed $85,000 per 

project; and not to exceed $9,000 for official reception and representation expenses, $2,313,409,000, which shall remain available until 

September 30, 2006, including administrative costs of the 

brownfields program under the Small Business Liability Relief and 

Brownfields Revitalization Act of 2002. 

OFFICE OF INSPECTOR GENERAL

For necessary expenses of the Office of Inspector General in carrying out the provisions of the Inspector General Act of 1978, as 

amended, and for construction, alteration, repair, rehabilitation, 

and renovation of facilities, not to exceed $85,000 per project, 

$38,000,000, to remain available until September 30, 2006. 

BUILDINGS AND FACILITIES

For construction, repair, improvement, extension, alteration, 

and purchase of fixed equipment or facilities of, or for use by, the 

Environmental Protection Agency, $39,000,000, to remain available 

until expended. 

HAZARDOUS SUBSTANCE SUPERFUND

(INCLUDING TRANSFERS OF FUNDS)

For necessary expenses to carry out the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 

(CERCLA), as amended, including sections 111(c)(3), (c)(5), (c)(6), 

and (e)(4) (42 U.S.C. 9611), and for construction, alteration, repair, 

rehabilitation, and renovation of facilities, not to exceed $85,000 per 

project; $1,257,537,000, to remain available until expended, consisting of such sums as are available in the Trust Fund upon the 

date of enactment of this Act as authorized by section 517(a) of the 

Superfund Amendments and Reauthorization Act of 1986 (SARA) 

and up to $1,257,537,000 as a payment from general revenues to the 

Hazardous Substance Superfund for purposes as authorized by section 517(b) of SARA, as amended: Provided, That funds approVerDate Aug 04 2004 07:33 Dec 01, 2004 Jkt 096906 PO 00000 Frm 00527 Fmt 6659 Sfmt 6603 E:\HR\OC\HR792.XXX HR792
524 

priated under this heading may be allocated to other Federal agencies in accordance with section 111(a) of CERCLA: Provided further, That of the funds appropriated under this heading, 

$13,000,000 shall be transferred to the ‘‘Office of Inspector General’’ 

appropriation to remain available until September 30, 2006, and 

$36,097,000 shall be transferred to the ‘‘Science and technology’’ appropriation to remain available until September 30, 2006. 

LEAKING UNDERGROUND STORAGE TANK PROGRAM

For necessary expenses to carry out leaking underground storage tank cleanup activities authorized by section 205 of the Superfund Amendments and Reauthorization Act of 1986, and for construction, alteration, repair, rehabilitation, and renovation of facilities, not to exceed $85,000 per project, $70,000,000, to remain available until expended. 

OIL SPILL RESPONSE

For expenses necessary to carry out the Environmental Protection Agency’s responsibilities under the Oil Pollution Act of 1990, 

$16,000,000, to be derived from the Oil Spill Liability trust fund, 

to remain available until expended. 

STATE AND TRIBAL ASSISTANCE GRANTS

For environmental programs and infrastructure assistance, including capitalization grants for State revolving funds and performance partnership grants, $3,604,182,000, to remain available until 

expended, of which $1,100,000,000 shall be for making capitalization grants for the Clean Water State Revolving Funds under title 

VI of the Federal Water Pollution Control Act, as amended (the 

‘‘Act’’), of which up to $50,000,000 shall be available for loans, including interest free loans as authorized by 33 U.S.C. 1383(d)(1)(A), 

to municipal, inter-municipal, interstate, or State agencies or nonprofit entities for projects that provide treatment for or that minimize sewage or stormwater discharges using one or more approaches which include, but are not limited to, decentralized or distributed stormwater controls, decentralized wastewater treatment, 

low-impact development practices, conservation easements, stream 

buffers, or wetlands restoration; $850,000,000 shall be for capitalization grants for the Drinking Water State Revolving Funds under 

section 1452 of the Safe Drinking Water Act, as amended, except 

that, notwithstanding section 1452(n) of the Safe Drinking Water 

Act, as amended, none of the funds made available under this heading in this Act, or in previous appropriations Acts, shall be reserved 

by the Administrator for health effects studies on drinking water 

contaminants; $50,000,000 shall be for architectural, engineering, 

planning, design, construction and related activities in connection 

with the construction of high priority water and wastewater facilities in the area of the United States-Mexico Border, after consultation with the appropriate border commission; $45,000,000 shall be 

for grants to the State of Alaska to address drinking water and 

waste infrastructure needs of rural and Alaska Native Villages: Provided, That, of these funds (1) the State of Alaska shall provide a 

match of 25 percent, (2) no more than 5 percent of the funds may 

be used for administrative and overhead expenses, and (3) not later 

525 

than October 1, 2005 the State of Alaska shall make awards consistent with the statewide priority list established in 2004 for all 

water, sewer, waste disposal, and similar projects carried out by the 

State of Alaska that are funded under section 221 of the Federal 

Water Pollution Control Act (33 U.S.C. 1301) or the Consolidated 

Farm and Rural Development Act (7 U.S.C. 1921 et seq.) which 

shall allocate not less than 25 percent of the funds provided for 

projects in regional hub communities; $4,000,000 shall be for remediation of above ground leaking fuel tanks pursuant to Public Law 

106–554; $309,925,000 shall be for making grants for the construction of drinking water, wastewater and storm water infrastructure 

and for water quality protection in accordance with the terms and 

conditions specified for such grants in the joint explanatory statement of the managers accompanying this Act, and, for purposes of 

these grants, each grantee shall contribute not less than 45 percent 

of the cost of the project unless the grantee is approved for a waiver 

by the Agency; $90,000,000 shall be to carry out section 104(k) of 

the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA), as amended, including grants, interagency agreements, and associated program support costs; 

$7,500,000 for a cost-shared grant program to school districts for 

necessary upgrades of their diesel bus fleets; and $1,145,757,000 

shall be for grants, including associated program support costs, to 

States, federally recognized tribes, interstate agencies, tribal consortia, and air pollution control agencies for multi-media or single 

media pollution prevention, control and abatement and related activities, including activities pursuant to the provisions set forth 

under this heading in Public Law 104–134, and for making grants 

under section 103 of the Clean Air Act for particulate matter monitoring and data collection activities of which and subject to terms 

and conditions specified by the Administrator, of which $50,000,000 

shall be for carrying out section 128 of CERCLA, as amended, and 

$19,500,000 shall be for Environmental Information Exchange Network grants, including associated program support costs, and 

$18,000,000 shall be for making competitive targeted watershed 

grants: Provided further, That for fiscal year 2005, State authority 

under section 302(a) of Public Law 104–182 shall remain in effect: 

Provided further, That notwithstanding section 603(d)(7) of the Act, 

the limitation on the amounts in a State water pollution control revolving fund that may be used by a State to administer the fund 

shall not apply to amounts included as principal in loans made by 

such fund in fiscal year 2005 and prior years where such amounts 

represent costs of administering the fund to the extent that such 

amounts are or were deemed reasonable by the Administrator, accounted for separately from other assets in the fund, and used for 

eligible purposes of the fund, including administration: Provided 

further, That for fiscal year 2005, and notwithstanding section 

518(f) of the Act, the Administrator is authorized to use the amounts 

appropriated for any fiscal year under section 319 of that Act to 

make grants to Indian tribes pursuant to sections 319(h) and 518(e) 

of that Act: Provided further, That for fiscal year 2005, notwithstanding the limitation on amounts in section 518(c) of the Act, up 

to a total of 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 furVerDate Aug 04 2004 07:33 Dec 01, 2004 Jkt 096906 PO 00000 Frm 00529 Fmt 6659 Sfmt 6603 E:\HR\OC\HR792.XXX HR792
526 

ther, That no funds provided by this legislation to address the 

water, wastewater and other critical infrastructure needs of the 

colonias in the United States along the United States-Mexico border 

shall be made available to a county or municipal government unless 

that government has established an enforceable local ordinance, or 

other zoning rule, which prevents in that jurisdiction the development or construction of any additional colonia areas, or the development within an existing colonia the construction of any new home, 

business, or other structure which lacks water, wastewater, or other 

necessary infrastructure: Provided further, That the referenced 

statement of the managers under this heading in Public Law 108– 

7, in reference to item number 471, is deemed to be amended by 

striking everything after ‘‘for’’ and inserting, ‘‘for water infrastructure improvements’’: Provided further, That the referenced statement 

of the managers under this heading in Public Law 108–199, in reference to item number 22, is deemed to be amended by striking everything after ‘‘22.’’ and inserting, ‘‘$200,000 to Jackson County, 

Alabama, for water system improvements and $200,000 to the City 

of Muscle Shoals, Alabama, for water and sewer infrastructure improvements’’: Provided further, That the referenced statement of the 

managers under this heading in Public Law 108–199, in reference 

to item number 158, is deemed to be amended by inserting ‘‘water 

and’’ after ‘‘for’’: Provided further, That the referenced statement of 

the managers under this heading in Public Law 107–73 is deemed 

to be amended by striking ‘‘Southeast’’ in reference to item 9 and inserting ‘‘Southwest’’: Provided further, That the referenced statement 

of the managers under this heading in Public Law 107–73, in reference to item number 103, is deemed to be amended by striking everything after the word ‘‘for’’, and adding, ‘‘the City of Chicago, Illinois for water infrastructure improvements at the Thomas Jefferson 

and Lakeview Pumping Stations’’: Provided further, That the referenced statement of the managers under this heading in Public 

Law 108–199, in reference to item number 484, is deemed to be 

amended by striking ‘‘City of Norfolk’’ and inserting ‘‘Portsmouth 

Virginia’’: Provided further, That the referenced statement of the 

managers under this heading in Public Law 108–199, in reference 

to item number 283, is deemed to be amended by striking ‘‘City of 

Kalispell, Montana’’ and inserting ‘‘Flathead County Water and 

Sewer District No. 1—Evergreen’’: Provided further, That the referenced statement of managers under this heading in Public Law 

108–7, in reference to item number 139, is deemed to be amended 

by striking ‘‘State of Hawaii Health Department’’ and inserting 

‘‘County of Hawaii’’: Provided further, That the referenced statement 

of managers under this heading in Public Law 108–199, in reference to item number 148, is deemed to be amended by striking everything after the word ‘‘for’’ and inserting ‘‘the replacement of cesspools in Hawaii, $250,000 to the City and County of Honolulu for 

Varona Village, $500,000 to the County of Hawaii and the remainder to the Housing and Community Development Corporation of 

Hawaii;’’: Provided further, That the referenced statement of the 

managers under this heading in Public Law 108–199, in reference 

to item number 388, is deemed to be amended by striking everything 

after the word ‘‘for’’ and inserting ‘‘the Southeast Water Treatment 

Plant in Lawton, Oklahoma for water and wastewater infrastructure improvements;’’: Provided further, That the referenced stateVerDate Aug 04 2004 07:33 Dec 01, 2004 Jkt 096906 PO 00000 Frm 00530 Fmt 6659 Sfmt 6603 E:\HR\OC\HR792.XXX HR792
527 

ment of the managers under this heading in Public Law 106–377, 

in reference to item number 46, is deemed to be amended by striking, ‘‘to construct pump stations, force mains, storage lagoons and 

spray irrigation facility’’, and inserting, ‘‘for wastewater treatment 

improvements’’: Provided further, That the referenced statement of 

the managers under this heading in Public Law 108–199, in reference to item number 409, is deemed to be amended by striking 

‘‘City of’’ and ‘‘Pennsylvania’’: Provided further, That the referenced 

statement of the managers under this heading in Public Law 108– 

199, in reference to item number 265, is deemed to be amended by 

striking, ‘‘Franklin County’’, and inserting, ‘‘Okhissa Lake Sewer 

District’’: Provided further, That the referenced statement of the 

managers under this heading in Public Law 108–199, in reference 

to item number 322, is deemed to be amended by inserting ‘‘and 

water’’ after ‘‘wastewater’’: Provided further, That the referenced 

statement of the managers under this heading in Public Law 108– 

199, in reference to item number 173, is deemed to be amended by 

inserting ‘‘planning, design and’’ prior to ‘‘construction’’: Provided 

further, notwithstanding any other provision of law, the Environmental Protection Agency and the New York State Department of 

Environmental Conservation are authorized to award a $2,000,000 

grant to the Town of Wheatfield, Niagara County, New York for the 

construction of sanitary collector sewers from funds realloted to the 

State of New York under title II of the Clean Water Act: Provided 

further, That the referenced statement of the managers under this 

heading in Public Law 108–199, in reference to item number 184, 

is deemed to be amended by striking ‘‘be divided equally between’’ 

and by striking ‘‘and’’ and inserting in place of ‘‘and’’, ‘‘or’’. 

ADMINISTRATIVE PROVISIONS

For fiscal year 2005, notwithstanding 31 U.S.C. 6303(1) and 

6305(1), the Administrator of the Environmental Protection Agency, 

in carrying out the Agency’s function to implement directly Federal 

environmental programs required or authorized by law in the absence of an acceptable tribal program, may award cooperative agreements to federally-recognized Indian Tribes or Intertribal consortia, 

if authorized by their member Tribes, to assist the Administrator in 

implementing Federal environmental programs for Indian Tribes required or authorized by law, except that no such cooperative agreements may be awarded from funds designated for State financial 

assistance agreements. 

The Administrator of the Environmental Protection Agency is 

authorized to collect and obligate pesticide registration service fees 

in accordance with section 33 of the Federal Insecticide, Fungicide, 

and Rodenticide Act (as added by subsection (f)(2) of the Pesticide 

Registration Improvement Act of 2003), as amended. 

Notwithstanding CERCLA 104(k)(4)(B)(i)(IV), appropriated 

funds for fiscal year 2005 may be used to award grants or loans 

under section 104(k) of CERCLA to eligible entities that satisfy all 

of the elements set forth in CERCLA section 101(40) to qualify as 

a bona fide prospective purchaser except that the date of acquisition 

of the property was prior to the date of enactment of the Small Business Liability Relief and Brownfield Revitalization Act of 2001. 

The Administrator may hereafter receive and use funds contributed by a non-Federal sponsor as its share of the cost of a project 

528 

to carry out a project under paragraph (c)(12) of section 118 of the 

Federal Water Pollution Control Act, as amended. 

EXECUTIVE OFFICE OF THE PRESIDENT

OFFICE OF SCIENCE AND TECHNOLOGY POLICY

For necessary expenses of the Office of Science and Technology 

Policy, in carrying out the purposes of the National Science and 

Technology Policy, Organization, and Priorities Act of 1976 (42 

U.S.C. 6601 and 6671), hire of passenger motor vehicles, and services as authorized by 5 U.S.C. 3109, not to exceed $2,500 for official 

reception and representation expenses, and rental of conference 

rooms in the District of Columbia, $6,379,000. 

COUNCIL ON ENVIRONMENTAL QUALITY AND OFFICE OF

ENVIRONMENTAL QUALITY

For necessary expenses to continue functions assigned to the 

Council on Environmental Quality and Office of Environmental 

Quality pursuant to the National Environmental Policy Act of 1969, 

the Environmental Quality Improvement Act of 1970, and Reorganization Plan No. 1 of 1977, and not to exceed $750 for official reception and representation expenses, $3,284,000: Provided, That 

notwithstanding section 202 of the National Environmental Policy 

Act of 1970, the Council shall consist of one member, appointed by 

the President, by and with the advice and consent of the Senate, 

serving as chairman and exercising all powers, functions, and duties of the Council. 

FEDERAL DEPOSIT INSURANCE CORPORATION

OFFICE OF INSPECTOR GENERAL

For necessary expenses of the Office of Inspector General in carrying out the provisions of the Inspector General Act of 1978, as 

amended, $30,125,000, to be derived from the Bank Insurance 

Fund, the Savings Association Insurance Fund, and the FSLIC Resolution Fund. 

GENERAL SERVICES ADMINISTRATION

FEDERAL CITIZEN INFORMATION CENTER FUND

For necessary expenses of the Federal Citizen Information Center, including services authorized by 5 U.S.C. 3109, $14,907,000, to 

be deposited into the Federal Citizen Information Center Fund: Provided, That the appropriations, revenues, and collections deposited 

into the Fund shall be available for necessary expenses of Federal 

Citizen Information Center activities in the aggregate amount not to 

exceed $27,000,000. Appropriations, revenues, and collections accruing to this Fund during fiscal year 2005 in excess of such amount 

shall remain in the Fund and shall not be available for expenditure 

except as authorized in appropriations Acts. 

529 

UNITED STATES INTERAGENCY COUNCIL ON HOMELESSNESS

OPERATING EXPENSES

For necessary expenses (including payment of salaries, authorized travel, hire of passenger motor vehicles, the rental of conference 

rooms, and the employment of experts and consultants under section 

3109 of title 5, United States Code) of the United States Interagency 

Council on Homelessness in carrying out the functions pursuant to 

title II of the McKinney-Vento Homeless Assistance Act, as amended, 

$1,500,000. 

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

SCIENCE, AERONAUTICS AND EXPLORATION

(INCLUDING TRANSFER OF FUNDS)

For necessary expenses, not otherwise provided for, in the conduct and support of science, aeronautics and exploration research 

and development activities, including research, development, operations, support and services; maintenance; construction of facilities 

including repair, rehabilitation, revitalization, and modification of 

facilities, construction of new facilities and additions to existing facilities, facility planning and design, and restoration, and acquisition or condemnation of real property, as authorized by law; environmental compliance and restoration; space flight, spacecraft control and communications activities including operations, production, and services; program management; personnel and related 

costs, including uniforms or allowances therefor, as authorized by 

5 U.S.C. 5901–5902; travel expenses; purchase and hire of passenger 

motor vehicles; not to exceed $35,000 for official reception and representation expenses; and purchase, lease, charter, maintenance and 

operation of mission and administrative aircraft, $7,742,550,000, to 

remain available until September 30, 2006, of which amounts as determined by the Administrator for salaries and benefits; training, 

travel and awards; facility and related costs; information technology 

services; science, engineering, fabricating and testing services; and 

other administrative services may be transferred to ‘‘Exploration capabilities’’ in accordance with section 312(b) of the National Aeronautics and Space Act of 1958, as amended by Public Law 106–377. 

EXPLORATION CAPABILITIES

(INCLUDING TRANSFER OF FUNDS)

For necessary expenses, not otherwise provided for, in the conduct and support of exploration capabilities research and development activities, including research, development, operations, support 

and services; maintenance; construction of facilities including repair, rehabilitation, revitalization and modification of facilities, 

construction of new facilities and additions to existing facilities, facility planning and design, and acquisition or condemnation of real 

property, as authorized by law; environmental compliance and restoration; space flight, spacecraft control and communications activities including operations, production, and services; program management; personnel and related costs, including uniforms or allowances therefor, as authorized by 5 U.S.C. 5901–5902; travel exVerDate Aug 04 2004 07:33 Dec 01, 2004 Jkt 096906 PO 00000 Frm 00533 Fmt 6659 Sfmt 6603 E:\HR\OC\HR792.XXX HR792
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penses; purchase and hire of passenger motor vehicles; not to exceed 

$35,000 for official reception and representation expenses; and purchase, lease, charter, maintenance and operation of mission and administrative aircraft, $8,425,850,000, to remain available until September 30, 2006, of which amounts as determined by the Administrator for salaries and benefits; training, travel and awards; facility 

and related costs; information technology services; science, engineering, fabricating and testing services; and other administrative services may be transferred to ‘‘Science, aeronautics and exploration’’ in 

accordance with section 312(b) of the National Aeronautics and 

Space Act of 1958, as amended by Public Law 106–377. 

OFFICE OF INSPECTOR GENERAL

For necessary expenses of the Office of Inspector General in carrying out the Inspector General Act of 1978, as amended, 

$31,600,000. 

ADMINISTRATIVE PROVISIONS

Notwithstanding the limitation on the availability of funds appropriated for ‘‘Science, aeronautics and exploration’’, or ‘‘Exploration capabilities’’ by this appropriations Act, when any activity 

has been initiated by the incurrence of obligations for construction 

of facilities or environmental compliance and restoration activities 

as authorized by law, such amount available for such activity shall 

remain available until expended. This provision does not apply to 

the amounts appropriated for institutional minor revitalization and 

construction of facilities, and institutional facility planning and design. 

Notwithstanding the limitation on the availability of funds appropriated for ‘‘Science, aeronautics and exploration’’, or ‘‘Exploration capabilities’’ by this appropriations Act, the amounts appropriated for construction of facilities shall remain available until 

September 30, 2007. 

The unexpired balances of prior appropriations to NASA for activities for which funds are provided under this Act may be transferred to the new account established for the appropriation that provides such activity under this Act. Balances so transferred may be 

merged with funds in the newly established account and thereafter 

may be accounted for as one fund under the same terms and conditions but shall remain available for the same period of time as 

originally appropriated. 

From amounts made available in this Act for these activities, 

subject to the operating plan procedures of the House and Senate 

Committees on Appropriations, the Administrator may transfer 

amounts between the ‘‘Science, aeronautics, and exploration’’ account and the ‘‘Exploration capabilities’’ account. 

Funds for announced prizes otherwise authorized shall remain 

available, without fiscal year limitation, until the prize is claimed 

or the offer is withdrawn. Funding shall not be made available for 

Centennial Challenges unless authorized. 

Funding made available under the headings ‘‘Exploration Capabilities’’ and ‘‘Science, aeronautics, and exploration’’ in this Act 

shall be governed by the terms and conditions specified in the statement of managers except to the extent changes are made in accordVerDate Aug 04 2004 07:33 Dec 01, 2004 Jkt 096906 PO 00000 Frm 00534 Fmt 6659 Sfmt 6603 E:\HR\OC\HR792.XXX HR792
531 

ance 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 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 

532 

Foundation Act of 1950, as amended, including authorized travel, 

$175,050,000, to remain available until expended. 

EDUCATION AND HUMAN RESOURCES

For necessary expenses in carrying out science and engineering 

education and human resources programs and activities pursuant 

to the National Science Foundation Act of 1950, as amended (42 

U.S.C. 1861–1875), including services as authorized by 5 U.S.C. 

3109, and rental of conference rooms in the District of Columbia, 

$848,207,000, to remain available until September 30, 2006: Provided, That to the extent that the amount of this appropriation is 

less than the total amount authorized to be appropriated for included program activities, all amounts, including floors and ceilings, specified in the authorizing Act for those program activities or 

their subactivities shall be reduced proportionally: Provided further, 

That not to exceed $5,500,000 of these funds shall be for all costs, 

direct and indirect, associated with personnel assignments under 

the Intergovernmental Personnel Act. 

SALARIES AND EXPENSES

For salaries and expenses necessary in carrying out the National Science Foundation Act of 1950, as amended (42 U.S.C. 

1861–1875); services authorized by 5 U.S.C. 3109; hire of passenger 

motor vehicles; not to exceed $9,000 for official reception and representation expenses; uniforms or allowances therefor, as authorized 

by 5 U.S.C. 5901–5902; rental of conference rooms in the District of 

Columbia; and reimbursement of the General Services Administration for security guard services; $225,000,000: Provided, That contracts may be entered into under ‘‘Salaries and expenses’’ in fiscal 

year 2005 for maintenance and operation of facilities, and for other 

services, to be provided during the next fiscal year. 

OFFICE OF THE NATIONAL SCIENCE BOARD

For necessary expenses (including payment of salaries, authorized travel, hire of passenger motor vehicles, the rental of conference 

rooms in the District of Columbia, and the employment of experts 

and consultants under section 3109 of title 5, United States Code) 

involved in carrying out section 4 of the National Science Foundation Act of 1950 (42 U.S.C. 1863) and Public Law 86–209 (42 

U.S.C. 1880 et seq.), $4,000,000: Provided, That not more than 

$9,000 shall be available for official reception and representation 

expenses. 

OFFICE OF INSPECTOR GENERAL

For necessary expenses of the Office of Inspector General as authorized by the Inspector General Act of 1978, as amended, 

$10,110,000, to remain available until September 30, 2006. 

NEIGHBORHOOD REINVESTMENT CORPORATION

PAYMENT TO THE NEIGHBORHOOD REINVESTMENT CORPORATION

For payment to the Neighborhood Reinvestment Corporation for 

use in neighborhood reinvestment activities, as authorized by the 

Neighborhood Reinvestment Corporation Act (42 U.S.C. 8101–8107), 

533 

$115,000,000, of which $5,000,000 shall be for a multi-family rental 

housing program. 

SELECTIVE SERVICE SYSTEM

SALARIES AND EXPENSES

For necessary expenses of the Selective Service System, including expenses of attendance at meetings and of training for uniformed personnel assigned to the Selective Service System, as authorized by 5 U.S.C. 4101–4118 for civilian employees; purchase of 

uniforms, or allowances therefor, as authorized by 5 U.S.C. 5901– 

5902; hire of passenger motor vehicles; services as authorized by 5 

U.S.C. 3109; and not to exceed $750 for official reception and representation expenses; $26,300,000: Provided, That during the current fiscal year, the President may exempt this appropriation from 

the provisions of 31 U.S.C. 1341, whenever the President deems 

such action to be necessary in the interest of national defense: Provided further, That none of the funds appropriated by this Act may 

be expended for or in connection with the induction of any person 

into the Armed Forces of the United States. 

WHITE HOUSE COMMISSION ON THE NATIONAL MOMENT OF

REMEMBRANCE

For necessary expenses of the White House Commission on the 

National Moment of Remembrance, $250,000. 

TITLE IV—GENERAL PROVISIONS 

SEC. 401. No part of any appropriation contained in this Act 

shall remain available for obligation beyond the current fiscal year 

unless expressly so provided herein. 

SEC. 402. No funds appropriated by this Act may be expended— 

(1) pursuant to a certification of an officer or employee of 

the United States unless— 

(A) such certification is accompanied by, or is part of, 

a voucher or abstract which describes the payee or payees 

and the items or services for which such expenditure is 

being made; or 

(B) the expenditure of funds pursuant to such certification, and without such a voucher or abstract, is specifically authorized by law; and 

(2) unless such expenditure is subject to audit by the General Accounting Officer or is specifically exempt by law from 

such audit. 

SEC. 403. None of the funds provided in this Act to any department or agency may be obligated or expended for: (1) the transportation of any officer or employee of such department or agency between the domicile and the place of employment of the officer or employee, with the exception of an officer or employee authorized such 

transportation under 31 U.S.C. 1344 or 5 U.S.C. 7905 or (2) to provide a cook, chauffeur, or other personal servants to any officer or 

employee of such department or agency. 

SEC. 404. None of the funds provided in this Act may be used 

for payment, through grants or contracts, to recipients that do not 

share in the cost of conducting research resulting from proposals not 

534 

specifically solicited by the Government: Provided, That the extent 

of cost sharing by the recipient shall reflect the mutuality of interest 

of the grantee or contractor and the Government in the research. 

SEC. 405. None of the funds provided in this Act may be used, 

directly or through grants, to pay or to provide reimbursement for 

payment of the salary of a consultant (whether retained by the Federal Government or a grantee) at more than the daily equivalent of 

the rate paid for level IV of the Executive Schedule, unless specifically authorized by law. 

SEC. 406. None of the funds provided in this Act may be used 

to pay the expenses of, or otherwise compensate, non-Federal parties 

intervening in regulatory or adjudicatory proceedings. Nothing herein affects the authority of the Consumer Product Safety Commission 

pursuant to section 7 of the Consumer Product Safety Act (15 U.S.C. 

2056 et seq.). 

SEC. 407. Except as otherwise provided under existing law, or 

under an existing Executive order issued pursuant to an existing 

law, the obligation or expenditure of any appropriation under this 

Act for contracts for any consulting service shall be limited to contracts which are: (1) a matter of public record and available for 

public inspection; and (2) thereafter included in a publicly available 

list of all contracts entered into within 24 months prior to the date 

on which the list is made available to the public and of all contracts 

on which performance has not been completed by such date. The list 

required by the preceding sentence shall be updated quarterly and 

shall include a narrative description of the work to be performed 

under each such contract. 

SEC. 408. None of the funds appropriated in this Act may be 

used to implement any cap on reimbursements to grantees for indirect costs, except as published in Office of Management and Budget 

Circular A–21. 

SEC. 409. Such sums as may be necessary for fiscal year 2005 

pay raises for programs funded by this Act shall be absorbed within 

the levels appropriated in this Act. 

SEC. 410. (a) It is the sense of the Congress that, to the greatest 

extent practicable, all equipment and products purchased with 

funds made available in this Act should be American-made. 

(b) In providing financial assistance to, or entering into any 

contract with, any entity using funds made available in this Act, the 

head of each Federal agency, to the greatest extent practicable, shall 

provide to such entity a notice describing the statement made in 

subsection (a) by the Congress. 

SEC. 411. None of the funds made available in this Act may be 

used for any program, project, or activity, when it is made known 

to the Federal entity or official to which the funds are made available that the program, project, or activity is not in compliance with 

any Federal law relating to risk assessment, the protection of private property rights, or unfunded mandates. 

SEC. 412. Except in the case of entities that are funded solely 

with Federal funds or any natural persons that are funded under 

this Act, none of the funds in this Act shall be used for the planning 

or execution of any program to pay the expenses of, or otherwise 

compensate, non-Federal parties to lobby or litigate in respect to adjudicatory proceedings funded in this Act. A chief executive officer 

of any entity receiving funds under this Act shall certify that none 

535 

of these funds have been used to engage in the lobbying of the Federal Government or in litigation against the United States unless 

authorized under existing law. 

SEC. 413. No part of any funds appropriated in this Act shall 

be used by an agency of the executive branch, other than for normal 

and recognized executive-legislative relationships, for publicity or 

propaganda purposes, and for the preparation, distribution or use 

of any kit, pamphlet, booklet, publication, radio, television or film 

presentation designed to support or defeat legislation pending before 

the Congress, except in presentation to the Congress itself. 

SEC. 414. All departments and agencies funded under this Act 

are encouraged, within the limits of the existing statutory authorities and funding, to expand their use of ‘‘E-Commerce’’ technologies 

and procedures in the conduct of their business practices and public 

service activities. 

SEC. 415. None of the funds made available in this Act may be 

transferred to any department, agency, or instrumentality of the 

United States Government except pursuant to a transfer made by, 

or transfer authority provided in, this Act or any other appropriation Act. 

SEC. 416. None of the funds provided in this Act to any department or agency shall be obligated or expended to procure passenger 

automobiles as defined in 15 U.S.C. 2001 with an EPA estimated 

miles per gallon average of less than 22 miles per gallon. 

SEC. 417. Section 313 of the National Aeronautics and Space 

Act of 1958, as amended, is further amended in subsection (A)— 

(1) by striking ‘‘2004’’ and inserting ‘‘2005’’; and 

(2) by striking ‘‘Space flight capabilities’’ and inserting ‘‘Exploration capabilities’’. 

SEC. 418. None of the funds made available in this Act may be 

used to implement any policy prohibiting the Directors of the Veterans Integrated Service Networks from conducting outreach or 

marketing to enroll new veterans within their respective Networks. 

SEC. 419. It is the sense of Congress that no veteran should 

wait more than 30 days for an initial doctor’s appointment. 

SEC. 420. None of the funds made available to NASA in this 

Act may be used for voluntary separation incentive payments as provided for in subchapter II of chapter 35 of title 5, United States 

Code, unless the Administrator of NASA has first certified to Congress that such payments would not result in the loss of skills related to the safety of the Space Shuttle or the International Space 

Station or to the conduct of independent safety oversight in the National Aeronautics and Space Administration. 

SEC. 421. (a) TREATMENT OF PIONEER HOMES IN ALASKA AS

STATE HOME FOR VETERANS.—For this fiscal year and each fiscal 

year hereafter, the Secretary of Veterans Affairs may— 

(1) treat the Pioneer Homes in the State of Alaska collectively as a single State home for veterans for purposes of section 

1741 of title 38, United States Code; and 

(2) make per diem payments to the State of Alaska for care 

provided to veterans in the Pioneer Homes in accordance with 

the provisions of that section. 

(b) TREATMENT NOTWITHSTANDING NON-VETERAN RESIDENCY.—The Secretary may treat the Pioneer Homes as a State 

536 

home under subsection (a) notwithstanding the residency of non-veterans in one or more of the Pioneer Homes. 

(c) PIONEER HOMES DEFINED.—In this section, the term ‘‘Pioneer Homes’’ means the six regional homes in the State of Alaska 

known as Pioneer Homes, which are located in the following: 

(1) Anchorage, Alaska. 

(2) Fairbanks, Alaska. 

(3) Juneau, Alaska. 

(4) Ketchikan, Alaska. 

(5) Palmer, Alaska. 

(6) Sitka, Alaska. 

(d) LIMITATION.—The number of beds occupied by veterans collectively in the six Pioneer Homes listed under subsection (c) for 

which per diem would be paid under this authority shall not exceed 

the number of veterans in state beds that otherwise would be permitted in Alaska under the Department of Veterans Affairs state 

home regulations governing the number of beds per veteran population. 

SEC. 422. Of the amounts available to the National Aeronautics 

and Space Administration, such sums as may be necessary for the 

benefit of the families of the astronauts who died on board the 

Space Shuttle Columbia on February 1, 2003, are available under 

the terms of section 203(c)(13) of the National Aeronautics and 

Space Act of 1958, as amended, independent of the limitations established therein. 

SEC. 423. Section 428 of the Departments of Veterans Affairs 

and Housing and Urban Development, and Independent Agencies 

Appropriations Act, 2004 is amended— 

(1) in subsection (c), by inserting ‘‘new’’ before ‘‘spark ignition engines’’; and 

(2) in subsection (d), by striking out ‘‘The prohibition in 

subsection (e)’’ and inserting in lieu thereof: ‘‘The prohibition in 

subsection (c)’’. 

SEC. 424. In addition to the amounts otherwise provided in this 

or any other Act for fiscal year 2005, for ‘‘Department of Housing 

and Urban Development, Community Development Fund’’, 

$31,000,000 to remain available until expended for a grant to The 

Hudson River Park Trust for planning, design and reconstruction 

of Pier 86 in New York City. 

SEC. 425. From within funds available to the Secretary of Veterans Affairs, $200,000 shall be made available until expended to 

Eric and Brian Simon of Minneapolis, Minnesota, to be divided 

evenly between the individuals. 

SEC. 426. (a) WAIVER OF REQUIREMENTS.—Subject to section 2, 

the limitation on the release of funds in section 104(g)(2) of the 

Housing and Community Development Act of 1974 (42 U.S.C. 5304) 

shall not apply to the Village of Chickasaw Sewer Collection and 

Treatment System, located in the Village of Chickasaw, Mercer 

County, Ohio. 

(b) APPLICABILITY.—Section 1 only applies to the grant that was 

awarded to the Village of Chickasaw (Ohio Small Cities CDBG 

Grant # C–W–03–283–1), for the period beginning September 1, 2003 

and ending October 31, 2005 and in the amount of $600,000. 

(c) ENVIRONMENTAL REVIEWS.—Notwithstanding the provisions 

of this Act, the Village of Chickasaw must complete all appropriate 

537 

environmental reviews in a timely manner and to the satisfaction 

of the state of Ohio. 

This division may be cited as the ‘‘Departments of Veterans Affairs and Housing and Urban Development, and Independent Agencies Appropriations Act, 2005’’. 

DIVISION J—OTHER MATTERS 

TITLE I—MISCELLANEOUS PROVISIONS AND OFFSETS 

SEC. 101. For an additional amount for the Department of Energy for the weatherization assistance program pursuant to 42 

U.S.C. 6861 et seq. and notwithstanding section 3003(d)(2) of Public 

Law 99–509, $230,000,000, to remain available until expended. 

SEC. 102. Section 1201(a) of the Ronald W. Reagan National 

Defense Authorization Act for Fiscal Year 2005 (Public Law 108– 

375) is amended by striking ‘‘$300,000,000’’ in the matter preceding 

paragraph (1) and inserting ‘‘$500,000,000’’. 

SEC. 103. (a) The District of Columbia Appropriations Act, 2005 

(Public Law 108–335) is amended as follows: 

(1) The paragraph under the heading ‘‘CAPITAL OUTLAY’’ is 

amended by striking ‘‘For construction projects, an increase of 

$1,087,649,000, of which $839,898,000 shall be from local 

funds, $38,542,000 from Highway Trust funds, $37,000,000 

from the Rights-of-way funds, $172,209,000 from Federal grant 

funds, and a rescission of $361,763,000 from local funds appropriated under this heading in prior fiscal years, for a net 

amount of $725,886,000, to remain available until expended;’’ 

and inserting ‘‘For construction projects, an increase of 

$1,102,039,000, of which $839,898,000 shall be from local 

funds, $38,542,000 from Highway Trust funds, $51,390,000 

from the Rights-of-way funds, $172,209,000 from Federal grant 

funds, and a rescission of $361,763,000 from local funds appropriated under this heading in prior fiscal years, for a net 

amount of $740,276,000, to remain available until expended;’’. 

(2) Section 340(a) is amended to read as follows: 

‘‘(a) Section 603(e)(3)(E) of the Student Loan Marketing Association Reorganization Act of 1996 (20 U.S.C. 1155(e)(3)(E)) is 

amended— 

‘‘(1) by striking ‘and’ at the end of subclause (II); 

‘‘(2) by striking the period at the end of subclause (III) and 

inserting ‘; and’; and 

‘‘(3) by adding at the end the following new subclause: 

‘‘(IV) obtaining lease guarantees (in accordance with regulations promulgated by the Office of 

Public Charter School Financing).’’. 

(3) Section 342 is amended to read as follows: 

‘‘SEC. 342. PUBLIC SCHOOL SERVICES TO CHARTER SCHOOLS. 

Section 2209(b) of the District of Columbia School Reform Act of 

1995 (sec. 38–1802.09(b), D.C. Official Code) is amended as follows: 

‘‘(1) In paragraph (1)— 

‘‘(A) by amending subparagraph (A) to read as follows: 

‘(A) IN GENERAL.—Notwithstanding any other provision 

of law, regulation, or order relating to the disposition of a 

facility or property described in subparagraph (B), the 

Mayor and the District of Columbia government shall give 

538 

a right of first offer with respect to any facility or property 

described in subparagraph (B) not previously purchased, 

leased, or transferred, or under contract to be purchased, 

leased, or transferred, or the subject of a previously proposed resolution submitted by the Mayor on or before December 1, 2004, to the Council of the District of Columbia 

seeking authority for disposition of such facility or property, 

or under an Exclusive Rights Agreement executed on or before December 1, 2004, to an eligible applicant whose petition to establish a public charter school has been conditionally approved under section 2203(d)(2), or a Board of 

Trustees, with respect to the purchase, lease, transfer, or 

use of a facility or property described in subparagraph (B).’; 

‘‘(B) by amending subparagraph (B)(iii) to read as follows: 

‘(iii) with respect to which— 

‘(I) the Board of Education has transferred jurisdiction to the Mayor and over which the Mayor 

has jurisdiction on the effective date of this subclause; or 

‘(II) over which the Mayor or any successor 

agency gains jurisdiction after the effective date of 

this subclause.’; and 

‘‘(C) by adding at the end the following new subparagraph: 

‘(C) TERMS OF PURCHASE OR LEASE.—The terms of purchase or lease of a facility or property described in subparagraph (B) shall— 

‘(i) be negotiated by the Mayor in accordance with 

written rules or regulations as determined by the 

Mayor, and published in the District of Columbia Register; 

‘(ii) include rent or an acquisition price, as applicable, that is at the appraised value of the property 

based on use of the property for school purposes; and 

‘(iii) include a lease period, if the property is to be 

leased, of not less than 25 years, and renewable for additional 25-year periods as long as the eligible applicant or Board of Trustees maintains its charter.’. 

‘‘(2) In paragraph (2)(A), by striking ‘first preference’ and 

inserting ‘a right of first offer’. 

‘‘(3) By adding at the end the following new paragraph: 

‘(3) CONVERSION PUBLIC CHARTER SCHOOLS.—Any District 

of Columbia public school that was approved to become a conversion public charter school under section 2201 before the effective date of this subsection or is approved to become a conversion public charter school after the effective date of this subsection, shall have the right to exclusively occupy the facilities 

the school occupied as a District of Columbia public school 

under a lease for a period of not less than 25 years, renewable 

for additional 25-year periods as long as the school maintains 

its charter at the appraised value of the property based on use 

of the property for school purposes.’.’’. 

(4) Section 347 is amended by striking paragraphs (1) and 

(2) and inserting the following: 

539 

‘‘(1) by striking subsection (f) and inserting the following: 

‘(f) AUDIT.—The Board shall maintain its accounts according to 

Generally Accepted Accounting Principles. The Board shall provide 

for an audit of the financial statements of the Board by an independent certified public accountant in accordance with Government 

auditing standards for financial audits issued by the Comptroller 

General. The findings and recommendations of any such audit shall 

be forwarded to the Mayor, the Council of the District of Columbia, 

and the Office of the Chief Financial Officer of the District of Columbia.’; and 

‘‘(2) by adding at the end the following new subsection: 

‘(h) CONTRACTING AND PROCUREMENT.—The Board shall have 

the authority to solicit, award, and execute contracts independently 

of the Office of Contracting and Procurement and the Chief Procurement Officer.’.’’. 

(b) The amendments made by this section shall take effect as 

if included in the enactment of the District of Columbia Appropriations Act, 2005. 

SEC. 104. The Secretary of the Department of Homeland Security shall transfer up to $40,000,000 from funds appropriated to the 

Coast Guard’s ‘‘Acquisition, Construction, and Improvements’’ account in fiscal year 2005 from the Rescue 21 project to the HH–65 

re-engining project, subject to 15-day advance notification to the 

House and Senate Committees on Appropriations. 

SEC. 105. Section 203(m) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5133(m)) is amended 

by striking ‘‘December 31, 2004’’ and inserting ‘‘December 31, 2005’’. 

SEC. 106. Notwithstanding the amounts in the detailed funding 

table included in House Report 108–774, the appropriation for 

‘‘Transportation Security Administration, Maritime and Land Security’’ shall include the following: ‘‘Credentialing, $5,000,000; TWIC, 

$15,000,000; Hazardous materials truck tracking, $2,000,000; Hazardous materials safety, $17,000,000; Enterprise staffing, 

$24,000,000; Rail security, $12,000,000; Offsetting collections, 

$¥27,000,000’’. 

SEC. 107. The matter under the heading ‘‘Military Construction, 

Navy and Marine Corps’’ in the Military Construction Appropriations Act, 2005 (division A of Public Law 108–324), is amended by 

striking ‘‘$1,069,947,000’’ and inserting ‘‘$1,065,597,000’’ and the 

matter under the heading ‘‘Military Construction, Naval Reserve’’ in 

such Act is amended by striking ‘‘$44,246,000’’ and inserting 

‘‘$48,596,000’’. 

SEC. 108. Notwithstanding any other provision of law, in addition to amounts otherwise made available in the Department of Defense Appropriations Act, 2005 (Public Law 108–287), an additional 

$2,000,000 is hereby appropriated and shall be made available 

under the heading ‘‘Shipbuilding and Conversion, Navy’’, only for 

the Secretary of the Navy for the purpose of acquiring a vessel with 

the Coast Guard registration number 225115: Provided, That the 

Secretary of the Navy shall provide for the transportation of the vessel from its present location: Provided further, That the Secretary of 

the Navy may lend, give, or otherwise dispose of the vessel at his 

election pursuant to 10 U.S.C. section 2572, 7545, or 7306, or using 

such procedures as the Secretary deems appropriate, and to such reVerDate Aug 04 2004 07:33 Dec 01, 2004 Jkt 096906 PO 00000 Frm 00543 Fmt 6659 Sfmt 6603 E:\HR\OC\HR792.XXX HR792
540 

cipient as the Secretary deems appropriate, without regard to these 

provisions. 

SECTION 109. DESIGNATION OF NATIONAL TREE. 

(a) DESIGNATION.—Chapter 3 of title 36, United States Code, is 

amended by adding at the end the following: 

‘‘§ 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— 

(a) provides for the suspension of the payment of benefits, 

modifies the conditions under which the payment of benefits is 

suspended, or suspends actual adjustments in benefit payments 

in accordance with section 203(a)(3)(B) of said Act (29 U.S.C. 

§ 1053(a)(3)(B)) and applicable regulations, and 

(b) applies to participants who have not retired before the 

adoption of such amendment. 

SEC. 111. (a) The head of each Federal agency or department 

shall— 

(1) provide each new employee of the agency or department 

with educational and training materials concerning the United 

States Constitution as part of the orientation materials provided to the new employee; and 

(2) provide educational and training materials concerning 

the United States Constitution to each employee of the agency 

or department on September 17 of each year. 

(b) Each educational institution that receives Federal funds for 

a fiscal year shall hold an educational program on the United 

States Constitution on September 17 of such year for the students 

served by the educational institution. 

(c) Title 36 of the United States Code is amended— 

(1) in section 106— 

(A) in the heading, by inserting ‘‘Constitution Day and’’ 

before ‘‘Citizenship Day’’; 

(B) in subsection (a), by striking ‘‘is Citizenship Day.’’ 

and inserting ‘‘is designated as Constitution Day and Citizenship Day.’’; 

(C) in subsection (b)— 

(i) by inserting ‘‘Constitution Day and’’ before 

‘‘Citizenship Day’’; and 

541 

(ii) by striking ‘‘commemorates’’ and inserting 

‘‘commemorate’’; and 

(iii) by striking ‘‘recognizes’’ and inserting ‘‘recognize’’; 

(D) in subsection (c), by inserting ‘‘Constitution Day 

and’’ before ‘‘Citizenship Day’’ both places where such term 

appears; and 

(E) in subsection (d), by inserting ‘‘Constitution Day 

and’’ before ‘‘Citizenship Day’’; and 

(2) in the item relating to section 106 of the table of contents, by inserting ‘‘Constitution Day and’’ before ‘‘Citizenship 

Day’’. 

(d) This section shall be without fiscal year limitation. 

SEC. 112. (a) Notwithstanding any other provision of law or 

any contract, (1) the rates in effect on November 15, 2004, under the 

tariff (the ‘‘tariff’’) required by FCC 94–116 (reduced three percent 

annually starting January 1, 2006) shall apply beginning 45 days 

after the date of enactment of this Act through December 31, 2009, 

to the sale and purchase of interstate switched wholesale service elements offered by any provider originating or terminating anywhere 

in the area (the ‘‘market’’) described in section 4.7 of the tariff (collectively, the ‘‘covered services’’); (2) beginning April 1, 2005, 

through December 31, 2009, no provider of covered services may 

provide, and no purchaser of such services may obtain, covered services in the same contract with services other than those that originate or terminate in the market, if the covered services in the contract represent more than five percent of such contract’s total value; 

and (3) revenues collected hereunder (less costs) for calendar years 

2005 through 2009 shall be used to support and expand the network 

in the market. 

(b) Effective on the date of enactment of this Act, (1) the conditions described in FCC 95–334 and the related conditions imposed 

in FCC 94–116, FCC 95–427, and FCC 96–485, and (2) all pending 

proceedings relating to the tariff, shall terminate. Thereafter, the 

State regulatory commission with jurisdiction over the market shall 

treat all interexchange carriers serving the market the same with respect to the provision of intrastate services, with the goal of reducing 

regulation, and shall not require such carriers to file reports based 

on the Uniform System of Accounts. 

(c) Any provider may file to enforce this section (including damages and injunctive relief) before the FCC (whose final order may 

be appealed under 47 U.S.C. 402(a)) or under 47 U.S.C. 207 if the 

FCC fails to issue a final order within 90 days of a filing. Nothing 

herein shall affect rate integration, carrier-of-last-resort obligations 

of any carrier or its successor, or the purchase of covered services 

by any rural telephone company (as defined in 47 U.S.C. 153(37)), 

or an affiliate under its control, for its provision of retail interstate 

interexchange services originating in the market. 

SEC. 113. Direct loans, credits, insurance and guarantees of the 

Export-Import Bank or its agents may be made available for or in 

Libya, notwithstanding section 507 or similar provisions in the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 2005, or prior acts making appropriations for foreign 

operations, export financing, and related programs, if the President 

542 

determines that to do so is important to the national security interests of the United States. 

SEC. 114. (a) Section 146 of Pub. L. 108–199 is amended: 

(1) by striking ‘‘section 386 of the Energy Policy Act of 

2003’’ and inserting in lieu thereof ‘‘section 116 of Division C 

of Pub. L. 108–324’’; 

(2) by striking ‘‘, except that upon that Act becoming law, 

section 386 is amended through this Act:’’ and inserting ‘‘and 

section 116 of Division C of Pub. L. 108–324 is amended:’’ 

(3) by striking ‘‘paragraph 386(b)(1)’’ and inserting in lieu 

thereof ‘‘paragraph (b)(1) of section 116 of Division C of Pub. 

L. 108–324’’; 

(4) by striking ‘‘paragraph 386(c)(2)’’ and inserting in lieu 

thereof ‘‘paragraph (c)(2) of section 116 of Division C of Pub. L. 

108–324’’; and 

(5) by striking ‘‘paragraph 386(g)(4)’’ and inserting in lieu 

thereof ‘‘paragraph (g)(4) of section 116 of Division C of Pub. L. 

324; 

(b) Section 116(b) of Division C of Pub. L. 108–324, the Military 

Construction bill, is amended by adding a new paragraph as follows: 

‘‘(4) Such loan guarantee may be utilized only by the project 

chosen by the Federal Energy Regulatory Commission as the 

qualified project.’’ 

SEC. 115. Any unobligated 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 MEMO- RIAL.—The Mt. Soledad Veterans Memorial located within the 

Soledad Natural Park in San Diego, California, which consists of 

a 29 foot-tall cross and surrounding granite memorial walls containing plaques engraved with the names and photographs of veterans of the United States Armed Forces, is hereby designated as a 

national memorial honoring veterans of the United States Armed 

Forces. 

(b) ACQUISITION AND ADMINISTRATION BY UNITED STATES.—Not 

later than 90 days after the date on which the City of San Diego, 

California, offers to donate the Mt. Soledad Veterans Memorial to 

the United States, the Secretary of the Interior shall accept, on behalf of the United States, all right, title, and interest of the City in 

and to the Mt. Soledad Veterans Memorial. 

(c) ADMINISTRATION OF MEMORIAL.—Upon acquisition of the 

Mt. Soledad Veterans Memorial by the United States, the Secretary 

of the Interior shall administer the Mt. Soledad Veterans Memorial 

as a unit of the National Park System, except that the Secretary 

shall enter into a memorandum of understanding with the Mt. 

Soledad Memorial Association for the continued maintenance by the 

Association of the cross and surrounding granite memorial walls 

and plaques of the Memorial. 

(d) LEGAL DESCRIPTION.—The Mt. Soledad Veterans Memorial 

referred to in this section is all that portion of Pueblo lot 1265 of 

the Pueblo Lands of San Diego in the City and County of San 

Diego, California, according to the map thereof prepared by James 

543 

Pascoe in 1879, a copy of which was filed in the office of the County 

Recorder of San Diego County on November 14, 1921, and is known 

as miscellaneous map NO. 36, more particularly described as follows: The area bounded by the back of the existing inner sidewalk 

on top of Mt. Soledad, being also a circle with a radius of 84 feet, 

the center of which circle is located as follows: Beginning at the 

Southwesterly corner of such Pueblo Lot 1265, such corner being 

South 17 degrees 14′33′′ East (Record South 17 degrees 14′09′′ East) 

607.21 feet distant along the westerly line of such Pueblo lot 1265 

from the intersection with the North line of La Jolla Scenic Drive 

South as described and dedicated as parcel 2 of City Council Resolution NO. 216644 adopted August 25, 1976; thence North 39 degrees 59′24′′ East 1147.62 feet to the center of such circle. The exact 

boundaries and legal description of the Mt. Soledad Veterans Memorial shall be determined by a survey prepared jointly by the City 

of San Diego and the Secretary of the Interior. Upon acquisition of 

the Mt. Soledad Veterans Memorial by the United States, the 

boundaries of the Memorial may not be expanded. 

SEC. 117. Notwithstanding any other provisions of law, except 

section 551 of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 2005, $80,000,000 of the funds 

appropriated for the Department of Defense for fiscal year 2005 may 

be transferred with the concurrence of the Secretary of Defense to 

the Department of State under ‘‘Peacekeeping Operations.’’ 

SEC. 118. In addition, for construction and related expenses of a facility for the United States Institute of Peace, $100,000,000, to 

remain available until expended. 

SEC. 119. Notwithstanding any other provision of law, in addition to amounts otherwise provided in this or any other act for fiscal 

year 2005, the following amounts are appropriated: $2,000,000 for 

the Helen Keller National Center for Deaf-Blind Youths and Adults 

for activities authorized under the Helen Keller National Center Act; 

and for the Department of Health and Human Services, Health Resources and Services Administration, $1,000,000 for the Hospital for 

Special Surgery to establish a National Center for Musculoskeletal 

Research, New York, New York, for facilities and equipment; and 

for the Department of Health and Human Services, Health Resources and Services Administration, $1,000,000 for the Jesse 

Helms Nursing Center at Union Regional Medical Center, Union 

County, North Carolina for facilities and equipment. 

SEC. 120. In addition to any amounts provided in this or any 

other Act for fiscal year 2005, $1,000,000 is appropriated for necessary expenses of the Benjamin A. Gilman Institute for Political 

and International Studies program at the State University of New 

York’s Orange County Community College in Orange, New York. 

SEC. 121. WEIGHT LIMITATIONS.—The next to the last sentence 

of section 127(a) of title 23, United States Code, is amended by 

striking ‘‘Interstate Route 95’’ and inserting ‘‘Interstate Routes 89, 

93, and 95.’’ 

SEC. 122. (a) ACROSS-THE-BOARD RESCISSIONS.—There is hereby rescinded an amount equal to 0.83 percent of— 

(1) the budget authority provided (or obligation limitation imposed) for fiscal year 2005 for any discretionary account in divisions 

A through J of this Act and in any other fiscal year 2005 appropriation Act (except any fiscal year 2005 supplemental appopriation Act, 

544 

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 

SECTION 1. SHORT TITLE. 

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

SEC. 2. FINDINGS AND PURPOSES. 

(a) FINDINGS.—Congress finds the following: 

(1) The American Revolution, inspired by the spirit of liberty and independence among the inhabitants of the original 13 

colonies of Great Britain, was an event of global significance 

having a profound and lasting effect upon American Government, laws, culture, society, and values. 

(2) The years 2000 through 2008 mark the 225th anniversary of the Revolutionary War. 

(3) Every generation of American citizens should have an 

opportunity to understand and appreciate the continuing legacy 

of the American Revolution. 

(4) This 225th anniversary provides an opportunity to enhance public awareness and understanding of the impact of the 

American Revolution’s legacy on the lives of citizens today. 

(5) Although the National Park Service administers battlefields, historical parks, historic sites, and programs that address elements of the story of the American Revolution, there is 

a need to establish partnerships that link sites and programs 

administered by the National Park Service with those of other 

Federal and non-Federal entities in order to place the story of 

the American Revolution in the broad context of its causes, consequences, and meanings. 

(6) The story and significance of the American Revolution 

can best engage the American people through a national program of the National Park Service that links historic structures 

and sites, routes, activities, community projects, exhibits, and 

545 

multimedia materials, in a manner that is both unified and 

flexible. 

(b) PURPOSES.—The purposes of this Act are as follows: 

(1) To recognize the enduring importance of the American 

Revolution in the lives of American citizens today. 

(2) To authorize the National Park Service to coordinate, 

connect, and facilitate Federal and non-Federal activities to 

commemorate, honor, and interpret the history of the American 

Revolution, its significance, and its relevance to the shape and 

spirit of American Government and society. 

SEC. 3. 225TH ANNIVERSARY OF THE AMERICAN REVOLUTION COMMEMORATION PROGRAM. 

(a) IN GENERAL.—The Secretary of the Interior (hereinafter in 

this Act referred to as the ‘‘Secretary’’) shall establish a program to 

be known as the ‘‘225th Anniversary of the American Revolution 

Commemoration’’ (hereinafter in this Act referred to as the ‘‘225th 

Anniversary’’). In administering the 225th Anniversary, the Secretary shall— 

(1) produce and disseminate to appropriate persons educational materials, such as handbooks, maps, interpretive 

guides, or electronic information related to the 225th Anniversary and the American Revolution; 

(2) enter into appropriate cooperative agreements and 

memoranda of understanding to provide technical assistance 

under subsection (c); 

(3) assist in the protection of resources associated with the 

American Revolution; 

(4) enhance communications, connections, and collaboration among the National Park Service units and programs related to the Revolutionary War; 

(5) expand the research base for American Revolution interpretation and education; and 

(6) create and adopt an official, uniform symbol or device 

for the theme ‘‘Lighting Freedom’s Flame: American Revolution, 

225th Anniversary’’ and issue regulations for its use. 

(b) ELEMENTS.—The 225th Anniversary shall encompass the 

following elements: 

(1) All units and programs of the National Park Service determined by the Secretary to pertain to the American Revolution. 

(2) Other governmental and nongovernmental sites, facilities, and programs of an educational, research, or interpretive 

nature that are documented to be directly related to the American Revolution. 

(3) Through the Secretary of State, the participation of the 

Governments of the United Kingdom, France, the Netherlands, 

Spain, and Canada. 

(c) COOPERATIVE AGREEMENTS AND MEMORANDA OF UNDERSTANDING.—To achieve the purposes of this Act and to ensure effective coordination of the Federal and non-Federal elements of the 

225th Anniversary with National Park Service units and programs, 

the Secretary may enter into cooperative agreements and memoranda of understanding with, and provide technical assistance to, 

the following: 

546 

(1) The heads of other Federal agencies, States, units of 

local government, and private entities. 

(2) In cooperation with the Secretary of State, the Governments of the United Kingdom, France, the Netherlands, Spain, 

and Canada. 

(d) AUTHORIZATION OF APPROPRIATIONS.—There is authorized 

to be appropriated to the Secretary to carry out this Act $500,000 

for each of fiscal years 2004 through 2009. 

SEC. 1. TITLE III—RURAL AIR SERVICE IMPROVEMENTS. 

(a) SHORT TITLE.—This title may be cited as the ‘‘Rural Air 

Service Improvement Act of 2004’’. 

(b) FURTHER AMENDMENTS.—The amendments made by this 

section are further amendments to section 5402 of title 39, United 

States Code, including the amendments made by section 3002 of the 

2002 Supplemental Appropriations Act for Further Recovery From 

and Response To Terrorist Attacks on the United States (Public 

Law 107–206) to that section of title 39, United States Code. 

(c) EXISTING MAINLINE CARRIERS.—Section 5402(a)(10) of title 

39, United States Code, is amended by striking subparagraph (C) 

and inserting the following: 

‘‘(C) actually engaged in the carriage, on scheduled 

service within the State of Alaska, of mainline nonpriority 

bypass mail tendered to it under its designator code.’’. 

(d) NONPRIORITY BYPASS MAIL.—Section 5402(g) of title 39, 

United States Code, is amended by striking the matter preceding 

paragraph (2) and inserting the following: 

‘‘(g)(1)(A) The Postal Service, in selecting carriers of nonpriority 

bypass mail to any point served by more than 1 carrier in the State 

of Alaska, shall adhere to an equitable tender policy within a qualified group of carriers, in accordance with the regulations of the 

Postal Service, and shall, at a minimum, require that any such carrier— 

‘‘(i) hold a certificate of public convenience and necessity 

issued under section 41102(a) of title 49; 

‘‘(ii) operate at least to such point at least the number of 

scheduled flights each week established under subparagraph 

(B)(i); 

‘‘(iii) exhibit an adherence to such scheduled flights; and 

‘‘(iv) have provided scheduled service with at least the number of scheduled noncontract flights each week established 

under subparagraph (B)(ii) between 2 points within the State of 

Alaska for at least 12 consecutive months with aircraft— 

‘‘(I) up to 7,500 pounds payload capacity before being 

selected as a carrier of nonpriority bypass mail at an applicable intra-Alaska bush service mail rate; and 

‘‘(II) over 7,500 pounds payload capacity before being 

selected as a carrier of nonpriority bypass mail at the intraAlaska 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)— 

547 

‘‘(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. 1. SHORT TITLE. 

This title may be cited as the ‘‘L–1 Visa and H–1B Visa Reform 

Act’’. 

Subtitle A—L–1 Visa Reform 

SEC. 11. SHORT TITLE. 

This subtitle may be cited as the ‘‘L–1 Visa (Intracompany 

Transferee) Reform Act of 2004’’. 

SEC. 12. NONIMMIGRANT L–1 VISA CATEGORY. 

(a) IN GENERAL.—Section 214(c)(2) of the Immigration and Nationality Act (8 U.S.C. 1184(c)(2)) is amended by adding at the end 

the following: 

‘‘(F) An alien who will serve in a capacity involving 

specialized knowledge with respect to an employer for purposes of section 101(a)(15)(L) and will be stationed primarily at the worksite of an employer other than the petitioning employer or its affiliate, subsidiary, or parent shall 

not be eligible for classification under section 101(a)(15)(L) 

if— 

‘‘(i) the alien will be controlled and supervised 

principally by such unaffiliated employer; or 

‘‘(ii) the placement of the alien at the worksite of 

the unaffiliated employer is essentially an arrangement 

to provide labor for hire for the unaffiliated employer, 

548 

rather than a placement in connection with the provision of a product or service for which specialized 

knowledge specific to the petitioning employer is necessary.’’. 

(b) APPLICABILITY.—The amendment made by subsection (a) 

shall apply to petitions filed on or after the effective date of this subtitle, whether for initial, extended, or amended classification. 

SEC. 13. REQUIREMENT FOR PRIOR CONTINUOUS EMPLOYMENT FOR 

CERTAIN INTRACOMPANY TRANSFEREES. 

(a) IN GENERAL.—Section 214(c)(2)(A) of the Immigration and 

Nationality Act (8 U.S.C. 1184(c)(2)(A)) is amended by striking the 

last sentence (relating to reduction of the 1-year period of continuous 

employment abroad to 6 months). 

(b) APPLICABILITY.—The amendment made by subsection (a) 

shall apply only to petitions for initial classification filed on or after 

the effective date of this subtitle. 

SEC. 14. MAINTENANCE OF STATISTICS BY THE DEPARTMENT OF 

HOMELAND SECURITY. 

(a) IN GENERAL.—The Department of Homeland Security shall 

maintain statistics regarding petitions filed, approved, extended, 

and amended with respect to nonimmigrants described in section 

101(a)(15)(L) of the Immigration and Nationality Act (8 U.S.C. 

1101(a)(15)(L)), including the number of such nonimmigrants who 

are classified on the basis of specialized knowledge and the number 

of nonimmigrants who are classified on the basis of specialized 

knowledge in order to work primarily at offsite locations. 

(b) APPLICABILITY.—Subsection (a) shall apply to petitions filed 

on or after the effective date of this subtitle. 

SEC. 15. INSPECTOR GENERAL REPORT ON L VISA PROGRAM. 

Not later than 6 months after the date of enactment of this Act, 

the Inspector General of the Department of Homeland Security 

shall, consistent with the authority granted the Department under 

section 428 of the Homeland Security Act of 2002 (6 U.S.C. 236), 

examine and report to the Committees on the Judiciary of the House 

of Representatives and the Senate on the vulnerabilities and potential abuses in the visa program carried out under section 214(c) of 

the Immigration and Nationality Act (8 U.S.C. 1184(c)) with respect 

to nonimmigrants described in section 101(a)(15)(L) of such Act (8 

U.S.C. 1101(a)(15)(L)). 

SEC. 16. ESTABLISHMENT OF TASK FORCE. 

(a) ESTABLISHMENT.—Not later than 6 months after the date of 

enactment of this Act, there shall be established an L Visa Interagency Task Force that consists of representatives from the Department of Homeland Security, the Department of Justice, and the Department of State. The Secretaries of each Department and each relevant bureau of the Department of Homeland Security shall appoint 

designees to the L Visa Interagency Task Force. The L Visa Interagency Task Force shall consult with other agencies deemed appropriate. 

(b) REPORT.—Not later than 6 months after the submission of 

the report by the Inspector General of the Department of Homeland 

Security in accordance with section 6, the L Visa Interagency Task 

Force shall report to the Committees on the Judiciary of the House 

of Representatives and the Senate on the efforts to implement the 

549 

recommendations set forth by the Inspector General’s report. The L 

Visa Interagency Task Force shall note specific areas of agreement 

and disagreement, and make recommendations to Congress on the 

findings of the Task Force, including any suggestions for legislation. 

The Task Force shall also review other additional issues as may be 

raised by the Inspector General’s report or by the Task Force’s own 

deliberations regarding the policies and purposes of the visa program relative to national goals and transnational commerce. 

SEC. 17. EFFECTIVE DATE. 

This subtitle and the amendments made by this subtitle shall 

take effect 180 days after the date of enactment of this Act. 

Subtitle B—H–1B Visa Reform 

SEC. 21. SHORT TITLE. 

This subtitle may be cited as the ‘‘H–1B Visa Reform Act of 

2004’’. 

SEC. 22. TEMPORARY WORKER PROVISIONS. 

(a) ATTESTATION REQUIREMENTS FOR H–1B WORKERS.—Section 

212(n)(1)(E)(ii) of the Immigration and Nationality Act (8 U.S.C. 

1182(n)(1)(E)(ii)) is amended by striking ‘‘October 1, 2003,’’. 

(b) H–1B EMPLOYER PETITIONS.—Section 214(c)(9) of the Immigration and Nationality Act (8 U.S.C. 1184(c)(9)) is amended— 

(1) in subparagraph (A), by striking ‘‘October 1, 2003’’; 

(2) in subparagraph (B), by striking ‘‘$1,000’’ and inserting 

‘‘$1,500’’; and 

(3) in subparagraph (B), by inserting before the period ‘‘except that the fee shall be half the amount for each such petition 

by any employer with not more than 25 full-time equivalent employees who are employed in the United States (determined by 

including any affiliate or subsidiary of such employer)’’. 

SEC. 23. H–1B PREVAILING WAGE LEVEL. 

Section 212(p) of the Immigration and Nationality Act (8 

U.S.C. 1182(p)) is amended by adding at the end the following: 

‘‘(3) The prevailing wage required to be paid pursuant to 

subsections (a)(5)(A), (n)(1)(A)(i)(II), and (t)(1)(A)(i)(II) shall be 

100 percent of the wage determined pursuant to those sections. 

‘‘(4) Where the Secretary of Labor uses, or makes available 

to employers, a governmental survey to determine the prevailing 

wage, such survey shall provide at least 4 levels of wages commensurate with experience, education, and the level of supervision. Where an existing government survey has only 2 levels, 

2 intermediate levels may be created by dividing by 3, the difference between the 2 levels offered, adding the quotient thus 

obtained to the first level and subtracting that quotient from the 

second level.’’. 

SEC. 24. DEPARTMENT OF LABOR INVESTIGATIVE AUTHORITIES. 

(a) SECRETARY OF LABOR INVESTIGATIVE AUTHORITY.— 

(1) IN GENERAL.—Section 212(n)(2) of the Immigration and 

Nationality Act (8 U.S.C. 1182(n)(2)) is amended by inserting 

after subparagraph (F) the following: 

‘‘(G)(i) The Secretary of Labor may initiate an investigation of any employer that employs nonimmigrants described in section 101(a)(15)(H)(i)(b) if the Secretary of 

550 

Labor has reasonable cause to believe that the employer is 

not in compliance with this subsection. In the case of an investigation under this clause, the Secretary of Labor (or the 

acting Secretary in the case of the absence of disability of 

the Secretary of Labor) shall personally certify that reasonable cause exists and shall approve commencement of the 

investigation. The investigation may be initiated for reasons other than completeness and obvious inaccuracies by 

the employer in complying with this subsection . 

‘‘(ii) If the Secretary of Labor receives specific credible 

information from a source who is likely to have knowledge 

of an employer’s practices or employment conditions, or an 

employer’s compliance with the employer’s labor condition 

application under paragraph (1), and whose identity is 

known to the Secretary of Labor, and such information provides reasonable cause to believe that the employer has 

committed a willful failure to meet a condition of paragraph (1)(A), (1)(B), (1)(C), (1)(E), (1)(F), or (1)(G)(i)(I), has 

engaged in a pattern or practice of failures to meet such a 

condition, or has committed a substantial failure to meet 

such a condition that affects multiple employees, the Secretary of Labor may conduct an investigation into the alleged failure or failures. The Secretary of Labor may withhold the identity of the source from the employer, and the 

source’s identity shall not be subject to disclosure under 

section 552 of title 5, United States Code. 

‘‘(iii) The Secretary of Labor shall establish a procedure for any person desiring to provide to the Secretary of 

Labor information described in clause (ii) that may be 

used, in whole or in part, as the basis for the commencement of an investigation described in such clause, to provide the information in writing on a form developed and 

provided by the Secretary of Labor and completed by or on 

behalf of the person. The person may not be an officer or 

employee of the Department of Labor, unless the information satisfies the requirement of clause (iv)(II) (although an 

officer or employee of the Department of Labor may complete the form on behalf of the person). 

‘‘(iv) Any investigation initiated or approved by the Secretary of Labor under clause (ii) shall be based on information that satisfies the requirements of such clause and 

that— 

‘‘(I) originates from a source other than an officer 

or employee of the Department of Labor; or 

‘‘(II) was lawfully obtained by the Secretary of 

Labor in the course of lawfully conducting another Department of Labor investigation under this Act of any 

other Act. 

‘‘(v) The receipt by the Secretary of Labor of information submitted by an employer to the Attorney General or 

the Secretary of Labor for purposes of securing the employment of a nonimmigrant described in section 

101(a)(15)(H)(i)(b) shall not be considered a receipt of information for purposes of clause (ii). 

551 

‘‘(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; 

552 

‘‘(II) the person or entity has been provided a period of not less than 10 business days (beginning after 

the date of the explanation) within which to correct the 

failure; and 

‘‘(III) the person or entity has not corrected the failure voluntarily within such period. 

‘‘(iii) A person or entity that, in the course of an investigation, is found to have violated the prevailing wage requirements set forth in paragraph (1)(A), shall not be assessed fines or other penalties for such violation if the person or entity can establish that the manner in which the 

prevailing wage was calculated was consistent with recognized industry standards and practices. 

‘‘(iv) Clauses (i) and (iii) shall not apply to a person or 

entity that has engaged in or is engaging in a pattern or 

practice of willful violations this subsection.’’. 

(c) SECRETARY OF LABOR REPORT.—Not later than January 31 

of each year, the Secretary of Labor shall report to the Committees 

on the Judiciary of the Senate and the House of Representatives on 

the investigations undertaken based on— 

(1) the authorities described in clauses (i) and (ii) of section 

212(n)(2)(G) of the Immigration and Nationality Act (8 U.S.C. 

1182(n)(2)(G)(i) and (ii)); and 

(2) the expenditures by the Secretary of Labor described in 

section 286(v)(2)(D) of the Immigration and Nationality Act (8 

U.S.C. 1356(v)(2)(D)). 

SEC. 25. EXEMPTION OF CERTAIN ALIENS FROM NUMERICAL LIMITATIONS ON H–1B NONIMMIGRANTS. 

(a) IN GENERAL.—Section 214(g)(5) of the Immigration and Nationality Act (8 U.S.C. 1184(g)(5)) is amended— 

(1) in the matter preceding subparagraph (A), by striking 

‘‘is employed (or has received an offer of employment) at’’; 

(2) in subparagraph (A)— 

(A) by inserting ‘‘is employed (or has received an offer 

of employment) at’’ before ‘‘an institution’’; and 

(B) by striking ‘‘or’’ at the end; 

(3) in subparagraph (B)— 

(A) by inserting ‘‘is employed (or has received an offer 

of employment) at’’ before ‘‘a nonprofit’’; and 

(B) by striking the period and inserting ‘‘; or’’; and 

(4) by adding at the end the following: 

‘‘(C) has earned a master’s or higher degree from a 

United States institution of higher education (as defined in 

section 101(a) of the Higher Education Act of 1965 (20 

U.S.C. 1001(a)), until the number of aliens who are exempted from such numerical limitation during such year exceeds 20,000.’’. 

(b) STATISTICS.—Beginning on the date of enactment of this Act, 

the Secretary of Homeland Security shall maintain statistical information on the country of origin and occupation of, educational level 

maintained by, and compensation paid to, each alien who is issued 

a visa or otherwise provided nonimmigrant status and is exempt 

under section 214(g)(5) of the Immigration and Nationality Act (8 

U.S.C. 1184(g)(5)) for each fiscal year. The statistical information 

shall be included in the annual report to Congress under section 

553 

416(c) of the American Competitiveness and Workforce Improvement 

Act of 1998 (Public Law 105–277; 112 Stat. 2681–655). 

SEC. 26. FRAUD PREVENTION AND DETECTION FEE. 

(a) IMPOSITION OF FEE.—Section 214(c) of the Immigration and 

Nationality Act (8 U.S.C. 1184(c)) is amended by adding at the end 

the following: 

‘‘(12)(A) In addition to any other fees authorized by law, the 

Secretary of Homeland Security shall impose a fraud prevention and detection fee on an employer filing a petition under 

paragraph (1)— 

‘‘(i) initially to grant an alien nonimmigrant status described in subparagraph (H)(i)(b) or (L) of section 

101(a)(15); or 

‘‘(ii) to obtain authorization for an alien having such 

status to change employers. 

‘‘(B) In addition to any other fees authorized by law, the 

Secretary of State shall impose a fraud prevention and detection fee on an alien filing an application abroad for a visa authorizing admission to the United States as a nonimmigrant 

described in section 101(a)(15)(L), if the alien is covered under 

a blanket petition described in paragraph (2)(A). 

‘‘(C) The amount of the fee imposed under subparagraph 

(A) or (B) shall be $500. 

‘‘(D) The fee imposed under subparagraph (A) or (B) shall 

only apply to principal aliens and not to the spouses or children 

who are accompanying or following to join such principal 

aliens. 

‘‘(E) Fees collected under this paragraph shall be deposited 

in the Treasury in accordance with section 286(v).’’. 

(b) ESTABLISHMENT OF ACCOUNT; USE OF FEES.—Section 286 of 

the Immigration and Nationality Act (8 U.S.C. 1356) is amended by 

adding at the end the following: 

‘‘(v) H–1B AND L FRAUD PREVENTION AND DETECTION ACCOUNT.— 

‘‘(1) IN GENERAL.—There is established in the general fund 

of the Treasury a separate account, which shall be known as 

the ‘H–1B and L Fraud Prevention and Detection Account’. Notwithstanding any other provision of law, there shall be deposited as offsetting receipts into the account all fees collected 

under section 214(c)(12). 

‘‘(2) USE OF FEES TO COMBAT FRAUD.— 

‘‘(A) SECRETARY OF STATE.—One-third of the amounts 

deposited into the H–1B and L Fraud Prevention and Detection Account shall remain available to the Secretary of 

State until expended for programs and activities at United 

States embassies and consulates abroad— 

‘‘(i) to increase the number diplomatic security personnel assigned exclusively to the function of preventing and detecting fraud by applicants for visas described in subparagraph (H)(i) or (L) of section 

101(a)(15); 

‘‘(ii) otherwise to prevent and detect such fraud 

pursuant to the terms of a memorandum of understanding or other cooperative agreement between the 

554 

Secretary of State and the Secretary of Homeland Security; and 

‘‘(iii) upon request by the Secretary of Homeland 

Security, to assist such Secretary in carrying out the 

fraud prevention and detection programs and activities 

described in subparagraph (B). 

‘‘(B) SECRETARY OF HOMELAND SECURITY.—One-third 

of the amounts deposited into the H–1B and L Fraud Prevention and Detection Account shall remain available to 

the Secretary of Homeland Security until expended for programs and activities to prevent and detect fraud with respect to petitions under paragraph (1) or (2)(A) of section 

214(c) to grant an alien nonimmigrant status described in 

subparagraph (H)(i) or (L) of section 101(a)(15). 

‘‘(C) SECRETARY OF LABOR.—One-third of the amounts 

deposited into the H–1B and L Fraud Prevention and Detection Account shall remain available to the Secretary of 

Labor until expended for enforcement programs and activities described in section 212(n). 

‘‘(D) CONSULTATION.—The Secretary of State, the Secretary of Homeland Security, and the Secretary of Labor 

shall consult one another with respect to the use of the 

funds in the H–1B and L Fraud Prevention and Detection 

Account.’’. 

(c) EFFECTIVE DATE.—The amendments made by this section 

shall take effect on the date of enactment of this Act, and the fees 

imposed under such amendments shall apply to petitions under section 214(c) of the Immigration and Nationality Act, and applications for nonimmigrant visas under section 222 of such Act, filed on 

or after the date that is 90 days after the date of the enactment of 

this Act. 

SEC. 27. CHANGE OF FEE FORMULA. 

Section 286(s) of the Immigration and Nationality Act (8 U.S.C. 

1356(s)) is amended— 

(1) in paragraph (2), by striking ‘‘55 percent’’ and inserting 

‘‘50 percent’’; 

(2) in paragraph (3), by striking ‘‘22 percent’’ and inserting 

‘‘30 percent’’; 

(3) in paragraph (4)(A), by striking ‘‘15 percent’’ and inserting ‘‘10 percent’’; 

(4) in paragraph (5)— 

(A) by striking ‘‘4 percent’’ and inserting ‘‘5 percent’’; 

and 

(B) by striking ‘‘Attorney General’’ each place that term 

appears and inserting ‘‘Secretary of Homeland Security’’; 

and 

(5) in paragraph (6), by striking ‘‘Beginning with fiscal 

year 2000,’’ and all that follows through ‘‘within a 7-day period.’’ and inserting ‘‘Beginning with fiscal year 2000, 5 percent 

of the amounts deposited into the H–1B Nonimmigrant Petitioner Account shall remain available to the Secretary of Labor 

until expended for decreasing the processing time for applications under section 212(n)(1).’’. 

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SEC. 28. GRANTS FOR JOB TRAINING FOR EMPLOYMENT IN HIGH 

GROWTH INDUSTRIES. 

Section 414(c) of the American Competitiveness and Workforce 

Improvement Act of 1998 (112 Stat. 2681–653) is amended to read 

as follows: 

‘‘(c) JOB TRAINING GRANTS.— 

‘‘(1) IN GENERAL.—The Secretary of Labor shall use funds 

available under section 286(s)(2) of the Immigration and Nationality Act (8 U.S.C. 1356(s)(2)) to award grants to eligible 

entities to provide job training and related activities for workers 

to assist them in obtaining or upgrading employment in industries and economic sectors identified pursuant to paragraph (4) 

that are projected to experience significant growth and ensure 

that job training and related activities funded by such grants 

are coordinated with the public workforce investment system. 

‘‘(2) USE OF FUNDS.— 

‘‘(A) TRAINING PROVIDED.—Funds under this subsection 

may be used to provide job training services and related activities that are designed to assist workers (including unemployed and employed workers) in gaining the skills and 

competencies needed to obtain or upgrade career ladder employment positions in the industries and economic sectors 

identified pursuant to paragraph (4). 

‘‘(B) ENHANCED TRAINING PROGRAMS AND INFORMATION.—In order to facilitate the provision of job training 

services described in subparagraph (A), funds under this 

subsection may be used to assist in the development and 

implementation of model activities such as developing appropriate curricula to build core competencies and train 

workers, identifying and disseminating career and skill information, and increasing the integration of community 

and technical college activities with activities of businesses 

and the public workforce investment system to meet the 

training needs for the industries and economic sectors identified pursuant to paragraph (4). 

‘‘(3) ELIGIBLE ENTITIES.—Grants under this subsection may 

be awarded to partnerships of private and public sector entities, 

which may include— 

‘‘(A) businesses or business-related nonprofit organizations, such as trade associations; 

‘‘(B) education and training providers, including community colleges and other community-based organizations; 

and 

‘‘(C) entities involved in administering the workforce 

investment system established under title I of the Workforce 

Investment Act of 1998, and economic development agencies. 

‘‘(4) HIGH GROWTH INDUSTRIES AND ECONOMIC SECTORS.— 

For purposes of this subsection, the Secretary of Labor, in consultation with State workforce investment boards, shall identify 

industries and economic sectors that are projected to experience 

significant growth, taking into account appropriate factors, 

such as the industries and sectors that— 

‘‘(A) are projected to add substantial numbers of new 

jobs to the economy; 

556 

‘‘(B) are being transformed by technology and innovation requiring new skill sets for workers; 

‘‘(C) are new and emerging businesses that are projected to grow; or 

‘‘(D) have a significant impact on the economy overall 

or on the growth of other industries and economic sectors. 

‘‘(5) EQUITABLE DISTRIBUTION.—In awarding grants under 

this subsection, the Secretary of Labor shall ensure an equitable 

distribution of such grants across geographically diverse areas. 

‘‘(6) LEVERAGING OF RESOURCES AND AUTHORITY TO RE- QUIRE MATCH.— ‘‘(A) LEVERAGING OF RESOURCES.—In awarding grants 

under this subsection, the Secretary of Labor shall take into 

account, in addition to other factors the Secretary determines are appropriate— 

‘‘(i) the extent to which resources other than the 

funds provided under this subsection will be made 

available by the eligible entities applying for grants to 

support the activities carried out under this subsection; 

and 

‘‘(ii) the ability of such entities to continue to carry 

out and expand such activities after the expiration of 

the grants. 

‘‘(B) AUTHORITY TO REQUIRE MATCH.—The Secretary of 

Labor may require the provision of specified levels of a 

matching share of cash or noncash resources from resources 

other than the funds provided under this subsection for 

projects funded under this subsection. 

‘‘(7) PERFORMANCE ACCOUNTABILITY.—The Secretary of 

Labor shall require grantees to report on the employment outcomes obtained by workers receiving training under this subsection using indicators of performance that are consistent with 

other indicators used for employment and training programs 

administered by the Secretary, such as entry into employment, 

retention in employment, and increases in earnings. The Secretary of Labor may also require grantees to participate in evaluations of projects carried out under this subsection.’’. 

SEC. 29. NATIONAL SCIENCE FOUNDATION LOW-INCOME SCHOLARSHIP PROGRAM. 

(a) EXPANSION OF ELIGIBILITY.—Section 414(d)(2)(A)(iii) of the 

American Competitiveness and Workforce Improvement Act of 1998 

(42 U.S.C. 1869c(d)(2)(A)(iii)) is amended by striking ‘‘or computer 

science.’’ and inserting ‘‘computer science, or other technology and 

science programs designated by the Director.’’. 

(b) INCREASE IN AWARD AMOUNT.—Section 414(d)(3) of the 

American Competitiveness and Workforce Improvement Act of 1998 

(42 U.S.C. 1869c(d)(3)) is amended by striking ‘‘$3,125 per year’’ 

and inserting ‘‘$10,000 per year’’. 

(c) FUNDS.—Section 414(d)(4) of the American Competitiveness 

and Workforce Improvement Act of 1998 (42 U.S.C. 1869c(d)(4)) is 

amended by adding at the end the following: ‘‘The Director may use 

no more than 50 percent of such funds for undergraduate programs 

for curriculum development, professional and workforce development, and to advance technological education. Funds for these other 

programs may be used for purposes other than scholarships.’’. 

557 

(d) PUBLICATION OF ELIGIBLE PROGRAMS.—Section 414(d) of the 

American Competitiveness and Workforce Improvement Act of 1998 

(42 U.S.C. 1869c(d)) is amended by adding at the end the following: 

‘‘(5) FEDERAL REGISTER.—Not later than 60 days after the 

date of enactment of the L–1 Visa and H–1B Visa Reform Act, 

the Director shall publish in the Federal Register a list of eligible programs of study.’’. 

SEC. 30. EFFECTIVE DATES. 

(a) IN GENERAL.—Except as provided in subsection (b), this subtitle and the amendments made by this subtitle shall take effect 90 

days after the date of enactment of this Act. 

(b) EXCEPTIONS.—The amendments made by sections ll22(b), ll26(a), and ll27 shall take effect upon the date of enactment 

of this Act. 

TITLE V—NATIONAL AVIATION HERITAGE AREA 

SEC. 1. SHORT TITLE. 

This title may be cited as the ‘‘National Aviation Heritage Area 

Act’’. 

SEC. 2. FINDINGS AND PURPOSE. 

(a) FINDINGS.—Congress finds the following: 

(1) Few technological advances have transformed the world 

or our Nation’s economy, society, culture, and national character as the development of powered flight. 

(2) The industrial, cultural, and natural heritage legacies 

of the aviation and aerospace industry in the State of Ohio are 

nationally significant. 

(3) Dayton, Ohio, and other defined areas where the development of the airplane and aerospace technology established 

our Nation’s leadership in both civil and military aeronautics 

and astronautics set the foundation for the 20th Century to be 

an American Century. 

(4) Wright-Patterson Air Force Base in Dayton, Ohio, is the 

birthplace, the home, and an integral part of the future of aerospace. 

(5) The economic strength of our Nation is connected integrally to the vitality of the aviation and aerospace industry, 

which is responsible for an estimated 11,200,000 American jobs. 

(6) The industrial and cultural heritage of the aviation and 

aerospace industry in the State of Ohio includes the social history and living cultural traditions of several generations. 

(7) The Department of the Interior is responsible for protecting and interpreting the Nation’s cultural and historic resources, and there are significant examples of these resources 

within Ohio to merit the involvement of the Federal Government to develop programs and projects in cooperation with the 

Aviation Heritage Foundation, Incorporated, the State of Ohio, 

and other local and governmental entities to adequately conserve, protect, and interpret this heritage for the educational 

and recreational benefit of this and future generations of Americans, while providing opportunities for education and revitalization. 

(8) Since the enactment of the Dayton Aviation Heritage 

Preservation Act of 1992 (Public Law 102–419), partnerships 

558 

among the Federal, State, and local governments and the private sector have greatly assisted the development and preservation of the historic aviation resources in the Miami Valley. 

(9) An aviation heritage area centered in Southwest Ohio is 

a suitable and feasible management option to increase collaboration, promote heritage tourism, and build on the established 

partnerships among Ohio’s historic aviation resources and related sites. 

(10) A critical level of collaboration among the historic 

aviation resources in Southwest Ohio cannot be achieved without a congressionally established national heritage area and the 

support of the National Park Service and other Federal agencies which own significant historic aviation-related sites in 

Ohio. 

(11) The Aviation Heritage Foundation, Incorporated, 

would be an appropriate management entity to oversee the development of the National Aviation Heritage Area. 

(12) Five National Park Service and Dayton Aviation Heritage Commission studies and planning documents: ‘‘Study of Alternatives: Dayton’s Aviation Heritage’’, ‘‘Dayton Aviation Heritage National Historical Park Suitability/Feasibility Study’’, 

‘‘Dayton Aviation Heritage General Management Plan’’, ‘‘Dayton 

Historic Resources Preservation and Development Plan’’, and 

Heritage Area Concept Study, demonstrated that sufficient historical resources exist to establish the National Aviation Heritage Area. 

(13) With the advent of the 100th anniversary of the first 

powered flight in 2003, it is recognized that the preservation of 

properties nationally significant in the history of aviation is an 

important goal for the future education of Americans. 

(14) Local governments, the State of Ohio, and private sector interests have embraced the heritage area concept and desire 

to enter into a partnership with the Federal government to preserve, protect, and develop the Heritage Area for public benefit. 

(15) The National Aviation Heritage Area would complement and enhance the aviation-related resources within the 

National Park Service, especially the Dayton Aviation Heritage 

National Historical Park, Ohio. 

(b) PURPOSE.—The purpose of this title is to establish the Heritage Area to— 

(1) encourage and facilitate collaboration among the facilities, sites, organizations, governmental entities, and educational 

institutions within the Heritage Area to promote heritage tourism and to develop educational and cultural programs for the 

public; 

(2) preserve and interpret for the educational and inspirational benefit of present and future generations the unique and 

significant contributions to our national heritage of certain historic and cultural lands, structures, facilities, and sites within 

the National Aviation Heritage Area; 

(3) encourage within the National Aviation Heritage Area 

a broad range of economic opportunities enhancing the quality 

of life for present and future generations; 

(4) provide a management framework to assist the State of 

Ohio, its political subdivisions, other areas, and private organiVerDate Aug 04 2004 07:33 Dec 01, 2004 Jkt 096906 PO 00000 Frm 00562 Fmt 6659 Sfmt 6603 E:\HR\OC\HR792.XXX HR792
559 

zations, or combinations thereof, in preparing and implementing an integrated Management Plan to conserve their aviation heritage and in developing policies and programs that will 

preserve, enhance, and interpret the cultural, historical, natural, recreation, and scenic resources of the Heritage Area; and 

(5) authorize the Secretary to provide financial and technical assistance to the State of Ohio, its political subdivisions, 

and private organizations, or combinations thereof, in preparing and implementing the private Management Plan. 

SEC. 3. DEFINITIONS. 

For purposes of this title: 

(1) BOARD.—The term ‘‘Board’’ means the Board of Directors of the Foundation. 

(2) FINANCIAL ASSISTANCE.—The term ‘‘financial assistance’’ means funds appropriated by Congress and made available to the management entity for the purpose of preparing and 

implementing the Management Plan. 

(3) HERITAGE AREA.—The term ‘‘Heritage Area’’ means the 

National Aviation Heritage Area established by section 104 to 

receive, distribute, and account for Federal funds appropriated 

for the purpose of this title. 

(4) MANAGEMENT PLAN.—The term ‘‘Management Plan’’ 

means the management plan for the Heritage Area developed 

under section 106. 

(5) MANAGEMENT ENTITY.—The term ‘‘management entity’’ 

means the Aviation Heritage Foundation, Incorporated (a nonprofit corporation established under the laws of the State of 

Ohio). 

(6) PARTNER.—The term ‘‘partner’’ means a Federal, State, 

or local governmental entity, organization, private industry, 

educational institution, or individual involved in promoting the 

conservation and preservation of the cultural and natural resources of the Heritage Area. 

(7) SECRETARY.—The term ‘‘Secretary’’ means the Secretary 

of the Interior. 

(8) TECHNICAL ASSISTANCE.—The term ‘‘technical assistance’’ means any guidance, advice, help, or aid, other than financial assistance, provided by the Secretary. 

SEC. 4. NATIONAL AVIATION HERITAGE AREA. 

(a) ESTABLISHMENT.—There is established in the States of Ohio 

and Indiana, the National Aviation Heritage Area. 

(b) BOUNDARIES.—The Heritage Area shall include the following: 

(1) A core area consisting of resources in Montgomery, 

Greene, Warren, Miami, Clark, Champaign, Shelby, and 

Auglaize Counties in Ohio. 

(2) The Neil Armstrong Air & Space Museum, Wapakoneta, 

Ohio. 

(3) Sites, buildings, and districts within the core area recommended by the Management Plan. 

(c) MAP.—A map of the Heritage Area shall be included in the 

Management Plan. The map shall be on file in the appropriate offices of the National Park Service, Department of the Interior. 

560 

(d) MANAGEMENT ENTITY.—The management entity for the Heritage Area shall be the Aviation Heritage Foundation. 

SEC. 5. AUTHORITIES AND DUTIES OF THE MANAGEMENT ENTITY. 

(a) AUTHORITIES.—For purposes of implementing the Management Plan, the management entity may use Federal funds made 

available through this title to— 

(1) make grants to, and enter into cooperative agreements 

with, the State of Ohio and political subdivisions of that State, 

private organizations, or any person; 

(2) hire and compensate staff; and 

(3) enter into contracts for goods and services. 

(b) DUTIES.—The management entity shall— 

(1) develop and submit to the Secretary for approval the 

proposed Management Plan in accordance with section 106; 

(2) give priority to implementing actions set forth in the 

Management Plan, including taking steps to assist units of government and nonprofit organizations in preserving resources 

within the Heritage Area; 

(3) consider the interests of diverse governmental, business, 

and nonprofit groups within the Heritage Area in developing 

and implementing the Management Plan; 

(4) maintain a collaboration among the partners to promote 

heritage tourism and to assist partners to develop educational 

and cultural programs for the public; 

(5) encourage economic viability in the Heritage Area consistent with the goals of the Management Plan; 

(6) assist units of government and nonprofit organizations 

in— 

(A) establishing and maintaining interpretive exhibits 

in the Heritage Area; 

(B) developing recreational resources in the Heritage 

Area; 

(C) increasing public awareness of and appreciation for 

the historical, natural, and architectural resources and 

sites in the Heritage Area; and 

(D) restoring historic buildings that relate to the purposes of the Heritage Area; 

(7) conduct public meetings at least quarterly regarding the 

implementation of the Management Plan; 

(8) submit substantial amendments to the Management 

Plan to the Secretary for the approval of the Secretary; and 

(9) for any year in which Federal funds have been received 

under this title— 

(A) submit an annual report to the Secretary that sets 

forth the accomplishments of the management entity and 

its expenses and income; 

(B) make available to the Secretary for audit all 

records relating to the expenditure of such funds and any 

matching funds; and 

(C) require, with respect to all agreements authorizing 

expenditure of Federal funds by other organizations, that 

the receiving organizations make available to the Secretary 

for audit all records concerning the expenditure of such 

funds. 

(c) USE OF FEDERAL FUNDS.— 

561 

(1) IN GENERAL.—The management entity shall not use 

Federal funds received under this title to acquire real property 

or an interest in real property. 

(2) OTHER SOURCES.—Nothing in this title precludes the 

management entity from using Federal funds from other 

sources for authorized purposes. 

SEC. 6. MANAGEMENT PLAN. 

(a) PREPARATION OF PLAN.—Not later than 3 years after the 

date of the enactment of this title, the management entity shall submit to the Secretary for approval a proposed Management Plan that 

shall take into consideration State and local plans and involve residents, public agencies, and private organizations in the Heritage 

Area. 

(b) CONTENTS.—The Management Plan shall incorporate an integrated and cooperative approach for the protection, enhancement, 

and interpretation of the natural, cultural, historic, scenic, and recreational resources of the Heritage Area and shall include the following: 

(1) An inventory of the resources contained in the core area 

of the Heritage Area, including the Dayton Aviation Heritage 

Historical Park, the sites, buildings, and districts listed in section 202 of the Dayton Aviation Heritage Preservation Act of 

1992 (Public Law 102–419), and any other property in the Heritage Area that is related to the themes of the Heritage Area 

and that should be preserved, restored, managed, or maintained because of its significance. 

(2) An assessment of cultural landscapes within the Heritage Area. 

(3) Provisions for the protection, interpretation, and enjoyment of the resources of the Heritage Area consistent with the 

purposes of this title. 

(4) An interpretation plan for the Heritage Area. 

(5) A program for implementation of the Management Plan 

by the management entity, including the following: 

(A) Facilitating ongoing collaboration among the partners to promote heritage tourism and to develop educational and cultural programs for the public. 

(B) Assisting partners planning for restoration and 

construction. 

(C) Specific commitments of the partners for the first 5 

years of operation. 

(6) The identification of sources of funding for implementing the plan. 

(7) A description and evaluation of the management entity, 

including its membership and organizational structure. 

(c) DISQUALIFICATION FROM FUNDING.—If a proposed Management Plan is not submitted to the Secretary within 3 years of the 

date of the enactment of this title, the management entity shall be 

ineligible to receive additional funding under this title until the 

date on which the Secretary receives the proposed Management 

Plan. 

(d) APPROVAL AND DISAPPROVAL OF MANAGEMENT PLAN.—The 

Secretary, in consultation with the State of Ohio, shall approve or 

disapprove the proposed Management Plan submitted under this 

562 

title not later than 90 days after receiving such proposed Management Plan. 

(e) ACTION FOLLOWING DISAPPROVAL.—If the Secretary disapproves a proposed Management Plan, the Secretary shall advise 

the management entity in writing of the reasons for the disapproval 

and shall make recommendations for revisions to the proposed Management Plan. The Secretary shall approve or disapprove a proposed revision within 90 days after the date it is submitted. 

(f) APPROVAL OF AMENDMENTS.—The Secretary shall review 

and approve substantial amendments to the Management Plan. 

Funds appropriated under this title may not be expended to implement any changes made by such amendment until the Secretary approves the amendment. 

SEC. 7. TECHNICAL AND FINANCIAL ASSISTANCE; OTHER FEDERAL 

AGENCIES. 

(a) TECHNICAL AND FINANCIAL ASSISTANCE.—Upon the request 

of the management entity, the Secretary may provide technical assistance, on a reimbursable or nonreimbursable basis, and financial 

assistance to the Heritage Area to develop and implement the management plan. The Secretary is authorized to enter into cooperative 

agreements with the management entity and other public or private 

entities for this purpose. In assisting the Heritage Area, the Secretary shall give priority to actions that in general assist in— 

(1) conserving the significant natural, historic, cultural, 

and scenic resources of the Heritage Area; and 

(2) providing educational, interpretive, and recreational opportunities consistent with the purposes of the Heritage Area. 

(b) DUTIES OF OTHER FEDERAL AGENCIES.—Any Federal agency 

conducting or supporting activities directly affecting the Heritage 

Area shall— 

(1) consult with the Secretary and the management entity 

with respect to such activities; 

(2) cooperate with the Secretary and the management entity 

in carrying out their duties under this title; 

(3) to the maximum extent practicable, coordinate such activities with the carrying out of such duties; and 

(4) to the maximum extent practicable, conduct or support 

such activities in a manner which the management entity determines will not have an adverse effect on the Heritage Area. 

SEC. 8. COORDINATION BETWEEN THE SECRETARY AND THE SECRETARY OF DEFENSE AND THE ADMINISTRATOR OF NASA. 

The decisions concerning the execution of this title as it applies 

to properties under the control of the Secretary of Defense and the 

Administrator of the National Aeronautics and Space Administration shall be made by such Secretary or such Administrator, in consultation with the Secretary of the Interior. 

SEC. 9. REQUIREMENTS FOR INCLUSION OF PRIVATE PROPERTY. 

(a) NOTIFICATION AND CONSENT OF PROPERTY OWNERS REQUIRED.—No privately owned property shall be preserved, conserved, or promoted by the management plan for the Heritage Area 

until the owner of that private property has been notified in writing 

by the management entity and has given written consent for such 

preservation, conservation, or promotion to the management entity. 

563 

(b) LANDOWNER WITHDRAW.—Any owner of private property included within the boundary of the Heritage Area shall have their 

property immediately removed from the boundary by submitting a 

written request to the management entity. 

SEC. 10. PRIVATE PROPERTY PROTECTION. 

(a) ACCESS TO PRIVATE PROPERTY.—Nothing in this title shall 

be construed to— 

(1) require any private property owner to allow public access (including Federal, State, or local government access) to 

such private property; or 

(2) modify any provision of Federal, State, or local law 

with regard to public access to or use of private property. 

(b) LIABILITY.—Designation of the Heritage Area shall not be 

considered to create any liability, or to have any effect on any liability under any other law, of any private property owner with respect 

to any persons injured on such private property. 

(c) RECOGNITION OF AUTHORITY TO CONTROL LAND USE.— 

Nothing in this title shall be construed to modify the authority of 

Federal, State, or local governments to regulate land use. 

(d) PARTICIPATION OF PRIVATE PROPERTY OWNERS IN HERITAGE

AREA.—Nothing in this title shall be construed to require the owner 

of any private property located within the boundaries of the Heritage Area to participate in or be associated with the Heritage Area. 

(e) EFFECT OF ESTABLISHMENT.—The boundaries designated for 

the Heritage Area represent the area within which Federal funds 

appropriated for the purpose of this title may be expended. The establishment of the Heritage Area and its boundaries shall not be 

construed to provide any nonexisting regulatory authority on land 

use within the Heritage Area or its viewshed by the Secretary, the 

National Park Service, or the management entity. 

SEC. 11. AUTHORIZATION OF APPROPRIATIONS. 

(a) IN GENERAL.—To carry out this title there is authorized to 

be appropriated $10,000,000, except that not more than $1,000,000 

may be appropriated to carry out this title for any fiscal year. 

(b) FIFTY PERCENT MATCH.—The Federal share of the cost of 

activities carried out using any assistance or grant under this title 

shall not exceed 50 percent. 

SEC. 12. SUNSET PROVISION. 

The authority of the Secretary to provide assistance under this 

title terminates on the date that is 15 years after the date that funds 

are first made available for this title. 

SEC. 13. WRIGHT COMPANY FACTORY STUDY AND REPORT. 

(a) STUDY.— 

(1) IN GENERAL.—The Secretary shall conduct a special resource study updating the study required under section 104 of 

the Dayton Aviation Heritage Preservation Act of 1992 (Public 

Law 102–419) and detailing alternatives for incorporating the 

Wright Company factory as a unit of Dayton Aviation Heritage 

National Historical Park. 

(2) CONTENTS.—The study shall include an analysis of alternatives for including the Wright Company factory as a unit 

of Dayton Aviation Heritage National Historical Park that detail management and development options and costs. 

564 

(3) CONSULTATION.—In conducting the study, the Secretary 

shall consult with the Delphi Corporation, the Aviation Heritage Foundation, State and local agencies, and other interested 

parties in the area. 

(b) REPORT.—Not later than 3 years after funds are first made 

available for this section, the Secretary shall submit to the Committee on Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate a report describing the results of the study conducted under this section. 

TITLE VI—OIL REGION NATIONAL HERITAGE AREA 

SEC. 1. SHORT TITLE; DEFINITIONS. 

(a) SHORT TITLE.—This title may be cited as the ‘‘Oil Region 

National Heritage Area Act.’’. 

(b) DEFINITIONS.—For purposes of this title, the following definitions shall apply: 

(1) HERITAGE AREA.—The term ‘‘Heritage Area’’ means the 

Oil Region National Heritage Area established in section 3(a). 

(2) MANAGEMENT ENTITY.—The term ‘‘management entity’’ 

means the Oil Heritage Region, Inc., or its successor entity. 

(3) SECRETARY.—The term ‘‘Secretary’’ means the Secretary 

of the Interior. 

SEC. 2. FINDINGS AND PURPOSE. 

(a) FINDINGS.—The Congress finds the following: 

(1) The Oil Region of Northwestern Pennsylvania, with numerous sites and districts listed on the National Register of 

Historic Places, and designated by the Governor of Pennsylvania as one of the State Heritage Park Areas, is a region with 

tremendous physical and natural resources and possesses a 

story of State, national, and international significance. 

(2) The single event of Colonel Edwin Drake’s drilling of 

the world’s first successful oil well in 1859 has affected the industrial, natural, social, and political structures of the modern 

world. 

(3) Six national historic districts are located within the 

State Heritage Park boundary, in Emlenton, Franklin, Oil City, 

and Titusville, as well as 17 separate National Register sites. 

(4) The Allegheny River, which was designated as a component of the national wild and scenic rivers system in 1992 by 

Public Law 102–271, traverses the Oil Region and connects several of its major sites, as do some of the river’s tributaries such 

as Oil Creek, French Creek, and Sandy Creek. 

(5) The unspoiled rural character of the Oil Region provides many natural and recreational resources, scenic vistas, 

and excellent water quality for people throughout the United 

States to enjoy. 

(6) Remnants of the oil industry, visible on the landscape 

to this day, provide a direct link to the past for visitors, as do 

the historic valley settlements, riverbed settlements, plateau developments, farmlands, and industrial landscapes. 

(7) The Oil Region also represents a cross section of American history associated with Native Americans, frontier settlements, the French and Indian War, African Americans and the 

565 

Underground Railroad, and immigration of Swedish and Polish individuals, among others. 

(8) Involvement by the Federal Government shall serve to 

enhance the efforts of the Commonwealth of Pennsylvania, local 

subdivisions of the Commonwealth of Pennsylvania, volunteer 

organizations, and private businesses, to promote the cultural, 

national, and recreational resources of the region in order to 

fulfill their full potential. 

(b) PURPOSE.—The purpose of this title is to enhance a cooperative management framework to assist the Commonwealth of Pennsylvania, its units of local government, and area citizens in conserving, enhancing, and interpreting the significant features of the 

lands, water, and structures of the Oil Region, in a manner consistent with compatible economic development for the benefit and inspiration of present and future generations in the Commonwealth of 

Pennsylvania and the United States. 

SEC. 3. OIL REGION NATIONAL HERITAGE AREA. 

(a) ESTABLISHMENT.—There is hereby established the Oil Region National Heritage Area. 

(b) BOUNDARIES.—The boundaries of the Heritage Area shall 

include all of those lands depicted on a map entitled ‘‘Oil Region 

National Heritage Area’’, numbered OIRE/20,000 and dated October, 2000. The map shall be on file in the appropriate offices of the 

National Park Service. The Secretary of the Interior shall publish 

in the Federal Register, as soon as practical after the date of the enactment of this Act, a detailed description and map of the boundaries established under this subsection. 

(c) MANAGEMENT ENTITY.—The management entity for the Heritage Area shall be the Oil Heritage Region, Inc., the locally based 

private, nonprofit management corporation which shall oversee the 

development of a management plan in accordance with section 5(b). 

SEC. 4. COMPACT. 

To carry out the purposes of this title, the Secretary shall enter 

into a compact with the management entity. The compact shall include information relating to the objectives and management of the 

area, including a discussion of the goals and objectives of the Heritage Area, including an explanation of the proposed approach to conservation and interpretation and a general outline of the protection 

measures committed to by the Secretary and management entity. 

SEC. 5. AUTHORITIES AND DUTIES OF MANAGEMENT ENTITY. 

(a) AUTHORITIES OF THE MANAGEMENT ENTITY.—The management entity may use funds made available under this title for purposes of preparing, updating, and implementing the management 

plan developed under subsection (b). Such purposes may include— 

(1) making grants to, and entering into cooperative agreements with, States and their political subdivisions, private organizations, or any other person; 

(2) hiring and compensating staff; and 

(3) undertaking initiatives that advance the purposes of the 

Heritage Area. 

(b) MANAGEMENT PLAN.—The management entity shall develop 

a management plan for the Heritage Area that— 

566 

(1) presents comprehensive strategies and recommendations 

for conservation, funding, management, and development of the 

Heritage Area; 

(2) takes into consideration existing State, county, and local 

plans and involves residents, public agencies, and private organizations working in the Heritage Area; 

(3) includes a description of actions that units of government and private organizations have agreed to take to protect 

the resources of the Heritage Area; 

(4) specifies the existing and potential sources of funding to 

protect, manage, and develop the Heritage Area; 

(5) includes an inventory of the resources contained in the 

Heritage Area, including a list of any property in the Heritage 

Area that is related to the themes of the Heritage Area and that 

should be preserved, restored, managed, developed, or maintained because of its natural, cultural, historic, recreational, or 

scenic significance; 

(6) describes a program for implementation of the management plan by the management entity, including plans for restoration and construction, and specific commitments for that 

implementation that have been made by the management entity 

and any other persons for the first 5 years of implementation; 

(7) lists any revisions to the boundaries of the Heritage 

Area proposed by the management entity and requested by the 

affected local government; and 

(8) includes an interpretation plan for the Heritage Area. 

(c) DEADLINE; TERMINATION OF FUNDING.— (1) DEADLINE.—The management entity shall submit the 

management plan to the Secretary within 2 years after the 

funds are made available for this title. 

(2) TERMINATION OF FUNDING.—If a management plan is 

not submitted to the Secretary in accordance with this subsection, the management entity shall not qualify for Federal assistance under this title. 

(d) DUTIES OF MANAGEMENT ENTITY.—The management entity 

shall— 

(1) give priority to implementing actions set forth in the 

compact and management plan; 

(2) assist units of government, regional planning organizations, and nonprofit organizations in— 

(A) establishing and maintaining interpretive exhibits 

in the Heritage Area; 

(B) developing recreational resources in the Heritage 

Area; 

(C) increasing public awareness of and appreciation for 

the natural, historical, and architectural resources and 

sites in the Heritage Area; 

(D) the restoration of any historic building relating to 

the themes of the Heritage Area; 

(E) ensuring that clear signs identifying access points 

and sites of interest are put in place throughout the Heritage Area; and 

(F) carrying out other actions that the management entity determines to be advisable to fulfill the purposes of this 

title; 

567 

(3) encourage by appropriate means economic viability in 

the Heritage Area consistent with the goals of the management 

plan; 

(4) consider the interest of diverse governmental, business, 

and nonprofit groups within the Heritage Area; and 

(5) for any year in which Federal funds have been provided 

to implement the management plan under subsection (b)— 

(A) conduct public meetings at least annually regarding the implementation of the management plan; 

(B) submit an annual report to the Secretary setting 

forth accomplishments, expenses and income, and each person to which any grant was made by the management entity in the year for which the report is made; and 

(C) require, for all agreements entered into by the management entity authorizing expenditure of Federal funds by 

any other person, that the person making the expenditure 

make available to the management entity for audit all 

records pertaining to the expenditure of such funds. 

(e) PROHIBITION ON THE ACQUISITION OF REAL PROPERTY.—The 

management entity may not use Federal funds received under this 

title to acquire real property or an interest in real property. 

SEC. 6. DUTIES AND AUTHORITIES OF THE SECRETARY. 

(a) TECHNICAL AND FINANCIAL ASSISTANCE.— (1) IN GENERAL.— (A) OVERALL ASSISTANCE.—The Secretary may, upon 

the request of the management entity, and subject to the 

availability of appropriations, provide technical and financial assistance to the management entity to carry out its 

duties under this title, including updating and implementing a management plan that is submitted under section 5(b) and approved by the Secretary and, prior to such 

approval, providing assistance for initiatives. 

(B) OTHER ASSISTANCE.—If the Secretary has the resources available to provide technical assistance to the 

management entity to carry out its duties under this title 

(including updating and implementing a management plan 

that is submitted under section 5(b) and approved by the 

Secretary and, prior to such approval, providing assistance 

for initiatives), upon the request of the management entity 

the Secretary shall provide such assistance on a reimbursable basis. This subparagraph does not preclude the Secretary from providing nonreimbursable assistance under 

subparagraph (A). 

(2) PRIORITY.—In assisting the management entity, the Secretary shall give priority to actions that assist in the— 

(A) implementation of the management plan; 

(B) provision of educational assistance and advice regarding land and water management techniques to conserve the significant natural resources of the region; 

(C) development and application of techniques promoting the preservation of cultural and historic properties; 

(D) preservation, restoration, and reuse of publicly and 

privately owned historic buildings. 

(E) design and fabrication of a wide range of interpretive materials based on the management plan, including 

568 

guide brochures, visitor displays, audio-visual and interactive exhibits, and educational curriculum materials for 

public education; and 

(F) implementation of initiatives prior to approval of 

the management plan. 

(3) DOCUMENTATION OF STRUCTURES.—The Secretary, acting through the Historic American Building Survey and the 

Historic American Engineering Record, shall conduct studies 

necessary to document the industrial, engineering, building, 

and architectural history of the Heritage Area. 

(b) APPROVAL AND DISAPPROVAL OF MANAGEMENT PLANS.—The 

Secretary, in consultation with the Governor of Pennsylvania, shall 

approve a management plan submitted under this title 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 5(b) that 

make substantial changes. Funds appropriated under this title may 

not be expended to implement such changes until the Secretary approves the amendments. 

(e) EFFECT OF INACTION.—If the Secretary does not approve or 

disapprove a management plan, revision, or change within 90 days 

after it is submitted to the Secretary, then such management plan, 

revision, or change shall be deemed to have been approved by the 

Secretary. 

SEC. 7. DUTIES OF OTHER FEDERAL ENTITIES. 

Any Federal entity conducting or supporting activities directly 

affecting the Heritage Area shall— 

(1) consult with the Secretary and the management entity 

with respect to such activities; 

(2) cooperate with the Secretary and the management entity 

in carrying out their duties under this rule and, to the maximum extent practicable, coordinate such activities with the carrying out of such duties; and 

(3) to the maximum extent practicable, conduct or support 

such activities in a manner that the management entity determines shall not have an adverse effect on the Heritage Area. 

569 

SEC. 8. SUNSET. 

The Secretary may not make any grant or provide any assistance under this title after the expiration of the 15-year period beginning on the date that funds are first made available for this title. 

SEC. 9. REQUIREMENTS FOR INCLUSION OF PRIVATE PROPERTY. 

(a) NOTIFICATION AND CONSENT OF PROPERTY OWNERS RE- QUIRED.—No privately owned property shall be preserved, conserved, or promoted by the management plan for the Heritage Area 

until the owner of that private property has been notified in writing 

by the management entity and has given written request consent for 

such preservation, conservation, or promotion to the management 

entity. 

(b) LANDOWNER WITHDRAW.—Any owner of private property included within the boundary of the Heritage Area shall have their 

property immediately removed from the boundary by submitting a 

written request to the management entity. 

SEC. 10. PRIVATE PROPERTY PROTECTION. 

(a) ACCESS TO PRIVATE PROPERTY.—Nothing in this title shall 

be construed to— 

(1) require any private property owner to allow public access (including Federal, State, or local government access) to 

such private property; or 

(2) modify any provision of Federal, State, or local law 

with regard to public access to or use of private property. 

(b) LIABILITY.—Designation of the Heritage Area shall not be 

considered to create any liability, or to have any effect on any liability under any other law, of any private property owner with respect 

to any persons injured on such private property. 

(c) RECOGNITION OF AUTHORITY TO CONTROL LAND USE.— Nothing in this title shall be construed to modify the authority of 

Federal, State, or local governments to regulate land use. 

(d) PARTICIPATION OF PRIVATE PROPERTY OWNERS IN HERITAGE

AREA.—Nothing in this title shall be construed to require the owner 

of any private property located within the boundaries of the Heritage Area to participate in or be associated with the Heritage Area. 

(e) EFFECT OF ESTABLISHMENT.—The boundaries designated for 

the Heritage Area represent the area within which Federal funds 

appropriated for the purpose of this title may be expended. The establishment of the Heritage Area and its boundaries shall not be 

construed to provide any nonexisting regulatory authority on land 

use within the Heritage Area or its viewshed by the Secretary, the 

National Park Service, or the management entity. 

SEC. 11. USE OF FEDERAL FUNDS FROM OTHER SOURCES. 

Nothing in this title shall preclude the management entity from 

using Federal funds available under Acts other than this title for 

the purposes for which those funds were authorized. 

SEC 12. AUTHORIZATION OF APPROPRIATIONS. 

(a) IN GENERAL.—There are authorized to be appropriated to 

carry out this title— (1) not more than $1,000,000 for any fiscal year; and 

(2) not more than a total of $10,000,000. 

(b) 50 PERCENT MATCH.—Financial assistance provided under 

this title may not be used to pay more than 50 percent of the total 

cost of any activity carried out with that assistance. 

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TITLE VII—MISSISSIPPI GULF COAST 

NATIONAL HERITAGE AREA ACT 

SECTION 1. SHORT TITLE. 

This title may be cited as the ‘‘Mississippi Gulf Coast National 

Heritage Area Act’’. 

SEC. 2. CONGRESSIONAL FINDINGS. 

Congress finds that— 

(1) the 6-county area in southern Mississippi located on the 

Gulf of Mexico and in the Mississippi Coastal Plain has a 

unique identity that is shaped by— 

(A) the coastal and riverine environment; and 

(B) the diverse cultures that have settled in the area; 

(2) The area is rich with diverse cultural and historical significance, including— 

(A) early Native American settlements; and 

(B) Spanish, French, and English settlements originating in the 1600s; 

(3) the area includes spectacular natural, scenic, and recreational resources; 

(4) there is broad support from local governments and other 

interested individuals for the establishment of the Mississippi 

Gulf Coast National Heritage Area to coordinate and assist in 

the preservation and interpretation of those resources; 

(5) the Comprehensive Resource Management Plan, coordinated by the Mississippi Department of Marine Resources— 

(A) is a collaborative effort of the Federal Government 

and State and local governments in the area; and 

(B) is a natural foundation on which to establish the 

Heritage Area; and 

(6) establishment of the Heritage Area would assist local 

communities and residents in preserving the unique cultural, 

historical, and natural resources of the area. 

SEC. 3. DEFINITIONS. 

In this Act: 

(1) HERITAGE AREA.—The term ‘‘Heritage Area’’ means the 

Mississippi Gulf Coast National Heritage Area established by 

section 4(a). 

(2) COORDINATING ENTITY.—The term ‘‘coordinating entity’’ 

means the coordinating entity for the Heritage Area designated 

by section 4(c). 

(3) MANAGEMENT PLAN.—The term ‘‘management plan’’ 

means the management plan for the Heritage Area developed 

under section 5. 

(4) SECRETARY.—The term ‘‘Secretary’’ means the Secretary 

of the Interior. 

(5) STATE.—The term ‘‘State’’ means the State of Mississippi. 

SEC. 4. MISSISSIPPI GULF COAST NATIONAL HERITAGE AREA. 

(a) ESTABLISHMENT.—There is established in the State the Mississippi Gulf Coast National Heritage Area. 

571 

(b) BOUNDARIES.—The Heritage Area shall consist of the counties of Pearl River, Stone, George, Hancock, Harrison, and Jackson 

in the State. 

(c) COORDINATING ENTITY.— 

(1) IN GENERAL.—The Mississippi Department of Marine 

Resources, in consultation with the Mississippi Department of 

Archives and History, shall serve as the coordinating entity for 

the Heritage Area. 

(2) OVERSIGHT COMMITTEE.—The coordinating entity shall 

ensure that each of the 6 counties included in the Heritage Area 

is appropriately represented on any oversight committee. 

SEC. 5. MANAGEMENT PLAN. 

(a) IN GENERAL.—Not later than 3 years after the date of enactment of this Act, the coordinating entity shall develop and submit 

to the Secretary a management plan for the Heritage Area. 

(b) REQUIREMENTS.—The management plan shall— 

(1) provide recommendations for the conservation, funding, 

management, interpretation, and development of the cultural, 

historical, archaeological, natural, and recreational resources of 

the Heritage Area; 

(2) identify sources of funding for the Heritage Area; 

(3) include— 

(A) an inventory of the cultural, historical, archaeological, natural, and recreational resources of the Heritage 

Area; and 

(B) an analysis of ways in which Federal, State, tribal, 

and local programs may best be coordinated to promote the 

purposes of this Act; 

(4) provide recommendations for educational and interpretive programs to inform the public about the resources of the 

Heritage Area; and 

(5) involve residents of affected communities and tribal and 

local governments. 

(c) FAILURE TO SUBMIT.—If a management plan is not submitted to the Secretary by the date specified in subsection (a), the 

Secretary shall not provide any additional funding under this Act 

until a management plan for the Heritage Area is submitted to the 

Secretary. 

(d) APPROVAL OR DISAPPROVAL OF THE MANAGEMENT PLAN.— 

(1) IN GENERAL.—Not later than 90 days after receipt of the 

management plan under subsection (a), the Secretary shall approve or disapprove the management plan. 

(2) ACTION FOLLOWING DISAPPROVAL.—If the Secretary disapproves a management plan under paragraph (1), the Secretary shall— 

(A) advise the coordinating entity in writing of the reasons for disapproval; 

(B) make recommendations for revision of the management plan; and 

(C) allow the coordinating entity to submit to the Secretary revisions to the management plan. 

(e) REVISION.—After approval by the Secretary of the management plan, the coordinating entity shall periodically— 

(1) review the management plan; and 

572 

(2) submit to the Secretary, for review and approval by the 

Secretary, any recommendations for revisions to the management plan. 

SEC. 6. AUTHORITIES AND DUTIES OF COORDINATING ENTITY. 

(a) AUTHORITIES.—For purposes of developing and implementing the management plan and otherwise carrying out this Act, 

the coordinating entity may make grants to and provide technical 

assistance to tribal and local governments, and other public and 

private entities. 

(b) DUTIES.—In addition to developing the management plan 

under section 5, in carrying out this Act, the coordinating entity 

shall— 

(1) implement the management plan; and 

(2) assist local and tribal governments and non-profit 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. 7. TECHNICAL AND FINANCIAL ASSISTANCE; OTHER FEDERAL 

AGENCIES. 

(a) IN GENERAL.—On the request of the coordinating entity, the 

Secretary may provide technical and financial assistance to the coordinating entity for use in the development and implementation of 

the management plan. 

(b) PROHIBITION OF CERTAIN REQUIREMENTS.—The Secretary 

may not, as a condition of the provision of technical or financial assistance under this section, require any recipient of the assistance to 

impose or modify any land use restriction or zoning ordinance. 

573 

SEC. 8. EFFECT OF ACT. 

Nothing in this Act— 

(1) affects or authorizes the coordinating entity to interfere 

with— 

(A) the right of any person with respect to private property; or 

(B) any local zoning ordinance or land use plan; 

(2) restricts an Indian tribe from protecting cultural or religious sites on tribal land; 

(3) modifies, enlarges, or diminishes the authority of any 

State, tribal, or local government to regulate any use of land 

under any other law (including regulations); 

(4)(A) modifies, enlarges, or diminishes the authority of the 

State to manage fish and wildlife in the Heritage Area, including the regulation of fishing and hunting; or 

(B) authorizes the coordinating entity to assume any management authorities over such lands; or 

(5) diminishes the trust responsibilities or government-togovernment obligations of the United States to any federally 

recognized Indian tribe. 

SEC. 9. 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. 

TITLE VIII—FEDERAL LANDS RECREATION ENHANCEMENT 

ACT 

SECTION 1. SHORT TITLE AND TABLE OF CONTENTS. 

(a) SHORT TITLE.—This title may be cited as the ‘‘Federal 

Lands Recreation Enhancement Act’’. 

(b) TABLE OF CONTENTS.—The table of contents of this Act is 

as follows: 

Sec. 1. Short title and table of contents. 

Sec. 2. Definitions. 

Sec. 3. Recreation fee authority. 

Sec. 4. Public participation. 

Sec. 5. Recreation passes. 

Sec. 6. Cooperative agreements. 

Sec. 7. Special account and distribution of fees and revenues. 

Sec. 8. Expenditures. 

Sec. 9. Reports. 

Sec. 10. Sunset provision. 

Sec. 11. Volunteers. 

Sec. 12. Enforcement and protection of receipts. 

Sec. 13. Repeal of superseded admission and use fee authorities. 

Sec. 14. Relation to other laws and fee collection authorities. 

Sec. 15. Limitation on use of fees for employee bonuses. 

SEC. 2. DEFINITIONS. 

In this Act: 

(1) STANDARD AMENITY RECREATION FEE.—The term ‘‘standard amenity recreation fee’’ means the recreation fee authorized 

by section 3(f). 

574 

(2) EXPANDED AMENITY RECREATION FEE.—The term ‘‘expanded amenity recreation fee’’ means the recreation fee authorized by section 3(g). 

(3) ENTRANCE FEE.—The term ‘‘entrance fee’’ means the 

recreation fee authorized to be charged to enter onto lands managed by the National Park Service or the United States Fish 

and Wildlife Service. 

(4) FEDERAL LAND MANAGEMENT AGENCY.—The term ‘‘Federal land management agency’’ means the National Park Service, the United States Fish and Wildlife Service, the Bureau of 

Land Management, the Bureau of Reclamation, or the Forest 

Service. 

(5) FEDERAL RECREATIONAL LANDS AND WATERS.—The term 

‘‘Federal recreational lands and waters’’ means lands or waters 

managed by a Federal land management agency. 

(6) NATIONAL PARKS AND FEDERAL RECREATIONAL LANDS

PASS.—The term ‘‘National Parks and Federal Recreational 

Lands Pass’’ means the interagency national pass authorized by 

section 5. 

(7) PASSHOLDER.—The term ‘‘passholder’’ means the person 

who is issued a recreation pass. 

(8) RECREATION FEE.—The term ‘‘recreation fee’’ means an 

entrance fee, standard amenity recreation fee, expanded amenity recreation fee, or special recreation permit fee. 

(9) RECREATION PASS.—The term ‘‘recreation pass’’ means 

the National Parks and Federal Recreational Lands Pass or one 

of the other recreation passes available as authorized by section 

5. 

(10) SECRETARY.—The term ‘‘Secretary’’ means— 

(A) the Secretary of the Interior, with respect to a Federal land management agency (other than the Forest Service); and 

(B) the Secretary of Agriculture, with respect to the 

Forest Service. 

(11) SECRETARIES.—The term ‘‘Secretaries’’ means the Secretary of the Interior and the Secretary of Agriculture acting 

jointly. 

(12) SPECIAL ACCOUNT.—The term ‘‘special account’’ means 

the special account established in the Treasury under section 7 

for a Federal land management agency. 

(13) SPECIAL RECREATION PERMIT FEE.—The term ‘‘special 

recreation permit fee’’ means the fee authorized by section 3(h). 

SEC. 3. RECREATION FEE AUTHORITY. 

(a) AUTHORITY OF SECRETARY.—Beginning in fiscal year 2005 

and thereafter, the Secretary may establish, modify, charge, and collect recreation fees at Federal recreational lands and waters as provided for in this section. 

(b) BASIS FOR RECREATION FEES.—Recreation fees shall be established in a manner consistent with the following criteria: 

(1) The amount of the recreation fee shall be commensurate 

with the benefits and services provided to the visitor. 

(2) The Secretary shall consider the aggregate effect of 

recreation fees on recreation users and recreation service providers. 

575 

(3) The Secretary shall consider comparable fees charged 

elsewhere and by other public agencies and by nearby private 

sector operators. 

(4) The Secretary shall consider the public policy or management objectives served by the recreation fee. 

(5) The Secretary shall obtain input from the appropriate 

Recreation Resource Advisory Committee, as provided in section 

4(d). 

(6) The Secretary shall consider such other factors or criteria as determined appropriate by the Secretary. 

(c) SPECIAL CONSIDERATIONS.—The Secretary shall establish 

the minimum number of recreation fees and shall avoid the collection of multiple or layered recreation fees for similar uses, activities, 

or programs. 

(d) LIMITATIONS ON RECREATION FEES.— 

(1) PROHIBITION ON FEES FOR CERTAIN ACTIVITIES OR SERVICES.—The Secretary shall not charge any standard amenity 

recreation fee or expanded amenity recreation fee for Federal 

recreational lands and waters administered by the Bureau of 

Land Management, the Forest Service, or the Bureau of Reclamation under this Act for any of the following: 

(A) Solely for parking, undesignated parking, or picnicking along roads or trailsides. 

(B) For general access unless specifically authorized 

under this section. 

(C) For dispersed areas with low or no investment unless specifically authorized under this section. 

(D) For persons who are driving through, walking 

through, boating through, horseback riding through, or 

hiking through Federal recreational lands and waters without using the facilities and services. 

(E) For camping at undeveloped sites that do not provide a minimum number of facilities and services as described in subsection (g)(2)(A). 

(F) For use of overlooks or scenic pullouts. 

(G) For travel by private, noncommercial vehicle over 

any national parkway or any road or highway established 

as a part of the Federal-aid System, as defined in section 

101 of title 23, United States Code, which is commonly 

used by the public as a means of travel between two places 

either or both of which are outside any unit or area at 

which recreation fees are charged under this Act. 

(H) For travel by private, noncommercial vehicle, boat, 

or aircraft over any road or highway, waterway, or airway 

to any land in which such person has any property right 

if such land is within any unit or area at which recreation 

fees are charged under this Act. 

(I) For any person who has a right of access for hunting or fishing privileges under a specific provision of law 

or treaty. 

(J) For any person who is engaged in the conduct of official Federal, State, Tribal, or local government business. 

(K) For special attention or extra services necessary to 

meet the needs of the disabled. 

576 

(2) RELATION TO FEES FOR USE OF HIGHWAYS OR ROADS.— 

An entity that pays a special recreation permit fee or similar 

permit fee shall not be subject to a road cost-sharing fee or a 

fee for the use of highways or roads that are open to private, 

noncommercial use within the boundaries of any Federal recreational lands or waters, as authorized under section 6 of Public Law 88–657 (16 U.S.C. 537; commonly known as the Forest 

Roads and Trails Act). 

(3) PROHIBITION ON FEES FOR CERTAIN PERSONS OR

PLACES.—The Secretary shall not charge an entrance fee or 

standard amenity recreation fee for the following: 

(A) Any person under 16 years of age. 

(B) Outings conducted for noncommercial educational 

purposes by schools or bona fide academic institutions. 

(C) The U.S.S. Arizona Memorial, Independence National Historical Park, any unit of the National Park System within the District of Columbia, or Arlington HouseRobert 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. 

577 

(f) STANDARD AMENITY RECREATION FEE.—Except as limited by 

subsection (d), the Secretary may charge a standard amenity recreation fee for Federal recreational lands and waters under the jurisdiction of the Bureau of Land Management, the Bureau of Reclamation, or the Forest Service, but only at the following: 

(1) A National Conservation Area. 

(2) A National Volcanic Monument. 

(3) A destination visitor or interpretive center that provides 

a broad range of interpretive services, programs, and media. 

(4) An area— 

(A) that provides significant opportunities for outdoor 

recreation; 

(B) that has substantial Federal investments; 

(C) where fees can be efficiently collected; and 

(D) that contains all of the following amenities: 

(i) Designated developed parking. 

(ii) A permanent toilet facility. 

(iii) A permanent trash receptacle. 

(iv) Interpretive sign, exhibit, or kiosk. 

(v) Picnic tables. 

(vi) Security services. 

(g) EXPANDED AMENITY RECREATION FEE.— 

(1) NPS AND USFWS AUTHORITY.—Except as limited by subsection (d), the Secretary of the Interior may charge an expanded amenity recreation fee, either in addition to an entrance 

fee or by itself, at Federal recreational lands and waters under 

the jurisdiction of the National Park Service or the United 

States Fish and Wildlife Service when the Secretary of the Interior determines that the visitor uses a specific or specialized facility, equipment, or service. 

(2) OTHER FEDERAL LAND MANAGEMENT AGENCIES.—Except 

as limited by subsection (d), the Secretary may charge an expanded amenity recreation fee, either in addition to a standard 

amenity fee or by itself, at Federal recreational lands and waters under the jurisdiction of the Forest Service, the Bureau of 

Land Management, or the Bureau of Reclamation, but only for 

the following facilities or services: 

(A) Use of developed campgrounds that provide at least 

a majority of the following: 

(i) Tent or trailer spaces. 

(ii) Picnic tables. 

(iii) Drinking water. 

(iv) Access roads. 

(v) The collection of the fee by an employee or 

agent of the Federal land management agency. 

(vi) Reasonable visitor protection. 

(vii) Refuse containers. 

(viii) Toilet facilities. 

(ix) Simple devices for containing a campfire. 

(B) Use of highly developed boat launches with specialized facilities or services such as mechanical or hydraulic 

boat lifts or facilities, multi-lane paved ramps, paved parking, restrooms and other improvements such as boarding 

floats, loading ramps, or fish cleaning stations. 

578 

(C) Rental of cabins, boats, stock animals, lookouts, 

historic structures, group day-use or overnight sites, audio 

tour devices, portable sanitation devices, binoculars or 

other equipment. 

(D) Use of hookups for electricity, cable, or sewer. 

(E) Use of sanitary dump stations. 

(F) Participation in an enhanced interpretive program 

or special tour. 

(G) Use of reservation services. 

(H) Use of transportation services. 

(I) Use of areas where emergency medical or first-aid 

services are administered from facilities staffed by public 

employees or employees under a contract or reciprocal 

agreement with the Federal Government. 

(J) Use of developed swimming sites that provide at 

least a majority of the following: 

(i) Bathhouse with showers and flush toilets. 

(ii) Refuse containers. 

(iii) Picnic areas. 

(iv) Paved parking. 

(v) Attendants, including lifeguards. 

(vi) Floats encompassing the swimming area. 

(vii) Swimming deck. 

(h) SPECIAL RECREATION PERMIT FEE.—The Secretary may 

issue a special recreation permit, and charge a special recreation 

permit fee in connection with the issuance of the permit, for specialized recreation uses of Federal recreational lands and waters, such 

as group activities, recreation events, motorized recreational vehicle 

use. 

SEC. 4. PUBLIC PARTICIPATION. 

(a) IN GENERAL.—As required in this section, the Secretary 

shall provide the public with opportunities to participate in the development of or changing of a recreation fee established under this 

Act. 

(b) ADVANCE NOTICE.—The Secretary shall publish a notice in 

the Federal Register of the establishment of a new recreation fee 

area for each agency 6 months before establishment. The Secretary 

shall publish notice of a new recreation fee or a change to an existing recreation fee established under this Act in local newspapers 

and publications located near the site at which the recreation fee 

would be established or changed. 

(c) PUBLIC INVOLVEMENT.—Before establishing any new recreation fee area, the Secretary shall provide opportunity for public involvement by— 

(1) establishing guidelines for public involvement; 

(2) establishing guidelines on how agencies will demonstrate on an annual basis how they have provided information to the public on the use of recreation fee revenues; and 

(3) publishing the guidelines in paragraphs (1) and (2) in 

the Federal Register. 

(d) RECREATION RESOURCE ADVISORY COMMITTEE.— 

(1) ESTABLISHMENT.— 

(A) AUTHORITY TO ESTABLISH.—Except as provided in 

subparagraphs (C) and (D), the Secretary or the Secretaries 

shall establish a Recreation Resource Advisory Committee 

579 

in each State or region for Federal recreational lands and 

waters managed by the Forest Service or the Bureau of 

Land Management to perform the duties described in paragraph (2). 

(B) NUMBER OF COMMITTEES.—The Secretary may have 

as many additional Recreation Resource Advisory Committees in a State or region as the Secretary considers necessary for the effective operation of this Act. 

(C) EXCEPTION.—The Secretary shall not establish a 

Recreation Resource Advisory Committee in a State if the 

Secretary determines, in consultation with the Governor of 

the State, that sufficient interest does not exist to ensure 

that participation on the Committee is balanced in terms of 

the points of view represented and the functions to be performed. 

(D) USE OF OTHER ENTITIES.—In lieu of establishing a 

Recreation Resource Advisory Committee under subparagraph (A), the Secretary may use a Resource Advisory Committee established pursuant to another provision of law and 

in accordance with that law or a recreation fee advisory 

board otherwise established by the Secretary to perform the 

duties specified in paragraph (2). 

(2) DUTIES.—In accordance with the procedures required by 

paragraph (9), a Recreation Resource Advisory Committee may 

make recommendations to the Secretary regarding a standard 

amenity recreation fee or an expanded amenity recreation fee, 

whenever the recommendations relate to public concerns in the 

State or region covered by the Committee regarding— 

(A) the implementation of a standard amenity recreation fee or an expanded amenity recreation fee or the establishment of a specific recreation fee site; 

(B) the elimination of a standard amenity recreation 

fee or an expanded amenity recreation fee; or 

(C) the expansion or limitation of the recreation fee 

program. 

(3) MEETINGS.—A Recreation Resource Advisory Committee 

shall meet at least annually, but may, at the discretion of the 

Secretary, meet as often as needed to deal with citizen concerns 

about the recreation fee program in a timely manner. 

(4) NOTICE OF REJECTION.—If the Secretary rejects the recommendation of a Recreation Resource Advisory Committee, the 

Secretary shall issue a notice that identifies the reasons for rejecting the recommendation to the Committee on Resources of 

the House of Representatives and the Committee on Energy and 

Natural Resources of the Senate not later than 30 days before 

the Secretary implements a decision pertaining to that recommendation. 

(5) COMPOSITION OF THE ADVISORY COMMITTEE.— 

(A) NUMBER.—A Recreation Resource Advisory Committee shall be comprised of 11 members. 

(B) NOMINATIONS.—The Governor and the designated 

county official from each county in the relevant State or Region may submit a list of nominations in the categories described under subparagraph (D). 

580 

(C) APPOINTMENT.—The Secretary may appoint members of the Recreation Resource Advisory Committee from 

the list as provided in subparagraph (B). 

(D) BROAD AND BALANCED REPRESENTATION.—In appointing the members of a Recreation Resource Advisory 

Committee, the Secretary shall provide for a balanced and 

broad representation from the recreation community that 

shall include the following: 

(i) Five persons who represent recreation users and 

that include, as appropriate, persons representing the 

following: 

(I) Winter motorized recreation, such as 

snowmobiling. 

(II) Winter non-motorized recreation, such as 

snowshoeing, cross country and down hill skiing, 

and snowboarding. 

(III) Summer motorized recreation, such as 

motorcycles, boaters, and off-highway vehicles. 

(IV) Summer nonmotorized recreation, such as 

backpacking, horseback riding, mountain biking, 

canoeing, and rafting. 

(V) Hunting and fishing. 

(ii) Three persons who represent interest groups 

that include, as appropriate, the following: 

(I) Motorized outfitters and guides. 

(II) Non-motorized outfitters and guides. 

(III) Local environmental groups. 

(iii) Three persons, as follows: 

(I) State tourism official to represent the State. 

(II) A person who represents affected Indian 

tribes. 

(III) A person who represents affected local 

government interests. 

(6) TERM.— 

(A) LENGTH OF TERM.—The Secretary shall appoint the 

members of a Recreation Resource Advisory Committee for 

staggered terms of two and three years beginning on the 

date the members are first appointed. The Secretary may 

reappoint members to subsequent two- or three-year terms. 

(B) EFFECT OF VACANCY.—The Secretary shall make 

appointments to fill a vacancy on a Recreation Resource 

Advisory Committee as soon as practicable after the vacancy has occurred. 

(C) EFFECT OF UNEXPECTED VACANCY.—Where an unexpected vacancy occurs, the Governor and the designated 

county officials from each county in the relevant state shall 

provide the Secretary with a list of nominations in the relevant category, as described under paragraph (5)(D), not 

later than two months after notification of the vacancy. To 

the extent possible, a vacancy shall be filled in the same 

category and term in which the original appointment was 

made. 

(7) CHAIRPERSON.—The chairperson of a Recreation Resource Advisory Committee shall be selected by the majority 

vote of the members of the Committee. 

581 

(8) QUORUM.—Eight members shall constitute a quorum. A 

quorum must be present to constitute an official meeting of a 

Recreation Resource Advisory Committee. 

(9) APPROVAL PROCEDURES.—A Recreation Resource Advisory Committee shall establish procedures for making recommendations to the Secretary. A recommendation may be submitted to the Secretary only if the recommendation is approved 

by a majority of the members of the Committee from each of the 

categories specified in paragraph (5)(D) and general public support for the recommendation is documented. 

(10) COMPENSATION.—Members of the Recreation Resource 

Advisory Committee shall not receive any compensation. 

(11) PUBLIC PARTICIPATION IN THE RECREATION RESOURCE

ADVISORY COMMITTEE.— (A) NOTICE OF MEETINGS.—All meetings of a Recreation Resource Advisory Committee shall be announced at 

least one week in advance in a local newspaper of record 

and the Federal Register, and shall be open to the public. 

(B) RECORDS.—A Recreation Resource Advisory Committee shall maintain records of the meetings of the Recreation Resource Advisory Committee and make the records 

available for public inspection. 

(12) FEDERAL ADVISORY COMMITTEE ACT.—A Recreation Resource Advisory Committee is subject to the provisions of the 

Federal Advisory Committee Act (5 U.S.C. App.). 

(e) MISCELLANEOUS ADMINISTRATIVE PROVISIONS REGARDING

RECREATION FEES AND RECREATION PASSES.— (1) NOTICE OF ENTRANCE FEES, STANDARD AMENITY RECRE- ATION FEES, AND PASSES.—The Secretary shall post clear notice 

of any entrance fee, standard amenity recreation fee, and available recreation passes at appropriate locations in each unit or 

area of a Federal land management agency where an entrance 

fee or a standard amenity recreation fee is charged. The Secretary shall include such notice in publications distributed at 

the unit or area. 

(2) NOTICE OF RECREATION FEE PROJECTS.—To the extent 

practicable, the Secretary shall post clear notice of locations 

where work is performed using recreation fee or recreation pass 

revenues collected under this Act. 

SEC. 5. RECREATION PASSES. 

(a) AMERICA THE BEAUTIFUL—THE NATIONAL PARKS AND FEDERAL RECREATIONAL LANDS PASS.— 

(1) AVAILABILITY AND USE.—The Secretaries shall establish, 

and may charge a fee for, an interagency national pass to be 

known as the ‘‘America the Beautiful—the National Parks and 

Federal Recreational Lands Pass’’, which shall cover the entrance fee and standard amenity recreation fee for all Federal 

recreational lands and waters for which an entrance fee or a 

standard amenity recreation fee is charged. 

(2) IMAGE COMPETITION FOR RECREATION PASS.—The Secretaries shall hold an annual competition to select the image to 

be used on the National Parks and Federal Recreational Lands 

Pass for a year. The competition shall be open to the public and 

used as a means to educate the American people about Federal 

recreational lands and waters. 

582 

(3) NOTICE OF ESTABLISHMENT.—The Secretaries shall publish a notice in the Federal Register when the National Parks 

and Federal Recreational Lands Pass is first established and 

available for purchase. 

(4) DURATION.—The National Parks and Federal Recreational Lands Pass shall be valid for a period of 12 months 

from the date of the issuance of the recreation pass to a 

passholder, except in the case of the age and disability discounted passes issued under subsection (b). 

(5) PRICE.—The Secretaries shall establish the price at 

which the National Parks and Federal Recreational Lands Pass 

will be sold to the public. 

(6) SALES LOCATIONS AND MARKETING.— 

(A) IN GENERAL.—The Secretary shall sell the National 

Parks and Federal Recreational Lands Pass at all Federal 

recreational lands and waters at which an entrance fee or 

a standard amenity recreation fee is charged and at such 

other locations as the Secretaries consider appropriate and 

feasible. 

(B) USE OF VENDORS.—The Secretary may enter into 

fee management agreements as provided in section 6. 

(C) MARKETING.—The Secretaries shall take such actions as are appropriate to provide for the active marketing 

of the National Parks and Federal Recreational Lands 

Pass. 

(7) ADMINISTRATIVE GUIDELINES.—The Secretaries shall 

issue guidelines on administration of the National Parks and 

Federal Recreational Lands Pass, which shall include agreement on price, the distribution of revenues between the Federal 

land management agencies, the sharing of costs, benefits provided, marketing and design, adequate documentation for age 

and disability discounts under subsection (b), and the issuance 

of that recreation pass to volunteers. The Secretaries shall take 

into consideration all relevant visitor and sales data available 

in establishing the guidelines. 

(8) DEVELOPMENT AND IMPLEMENTATION AGREEMENTS.— The Secretaries may enter into cooperative agreements with governmental and nongovernmental entities for the development 

and implementation of the National Parks and Federal Recreational Lands Pass Program. 

(9) PROHIBITION ON OTHER NATIONAL RECREATION

PASSES.—The Secretary may not establish any national recreation pass, except as provided in this section. 

(b) DISCOUNTED PASSES.— 

(1) AGE DISCOUNT.—The Secretary shall make the National 

Parks and Federal Recreational Lands Pass available, at a cost 

of $10.00, to any United States citizen or person domiciled in 

the United States who is 62 years of age or older, if the citizen 

or person provides adequate proof of such age and such citizenship or residency. The National Parks and Federal Recreational 

Lands Pass made available under this subsection shall be valid 

for the lifetime of the pass holder. 

(2) DISABILITY DISCOUNT.—The Secretary shall make the 

National Parks and Federal Recreational Lands Pass available, 

without charge, to any United States citizen or person domiVerDate Aug 04 2004 07:33 Dec 01, 2004 Jkt 096906 PO 00000 Frm 00586 Fmt 6659 Sfmt 6603 E:\HR\OC\HR792.XXX HR792
583 

ciled in the United States who has been medically determined 

to be permanently disabled for purposes of section 7(20)(B)(i)of 

the Rehabilitation Act of 1973 (29 U.S.C. 705(20)(B)(i)), if the 

citizen or person provides adequate proof of the disability and 

such citizenship or residency. The National Parks and Federal 

Recreational Lands Pass made available under this subsection 

shall be valid for the lifetime of the passholder. 

(c) SITE-SPECIFIC AGENCY PASSES.—The Secretary may establish and charge a fee for a site-specific pass that will cover the entrance fee or standard amenity recreation fee for particular Federal 

recreational lands and waters for a specified period not to exceed 12 

months. 

(d) REGIONAL MULTIENTITY PASSES.— 

(1) PASSES AUTHORIZED.—The Secretary may establish and 

charge a fee for a regional multientity pass that will be accepted 

by one or more Federal land management agencies or by one or 

more governmental or nongovernmental entities for a specified 

period not to exceed 12 months. To include a Federal land management agency or governmental or nongovernmental entity 

over which the Secretary does not have jurisdiction, the Secretary shall obtain the consent of the head of such agency or entity. 

(2) REGIONAL MULTIENTITY PASS AGREEMENT.—In order to 

establish a regional multientity pass under this subsection, the 

Secretary shall enter into a regional multientity pass agreement 

with all the participating agencies or entities on price, the distribution of revenues between participating agencies or entities, 

the sharing of costs, benefits provided, marketing and design, 

and the issuance of the pass to volunteers. The Secretary shall 

take into consideration all relevant visitor and sales data available when entering into this agreement. 

(e) DISCOUNTED OR FREE ADMISSION DAYS OR USE.—The Secretary may provide for a discounted or free admission day or use 

of Federal recreational lands and waters. 

(f) EFFECT ON EXISTING PASSPORTS AND PERMITS.— 

(1) EXISTING PASSPORTS.—A passport issued under section 

4 of the Land and Water Conservation Fund Act of 1965 (16 

U.S.C. 460l–6a) or title VI of the National Parks Omnibus 

Management Act of 1998 (Public Law 105–391; 16 U.S.C. 5991– 

5995), such as the Golden Eagle Passport, the Golden Age Passport, the Golden Access Passport, and the National Parks Passport, that was valid on the day before the publication of the 

Federal Register notice required under subsection (a)(3) shall be 

valid in accordance with the terms agreed to at the time of 

issuance of the passport, to the extent practicable, and remain 

in effect until expired, lost, or stolen. 

(2) PERMITS.—A permit issued under section 4 of the Land 

and Water Conservation Fund Act of 1965 that was valid on 

the day before the date of the enactment of this Act shall be 

valid and remain in effect until expired, revoked, or suspended. 

SEC. 6. COOPERATIVE AGREEMENTS. 

(a) FEE MANAGEMENT AGREEMENT.—Notwithstanding chapter 

63 of title 31, United States Code, the Secretary may enter into a 

fee management agreement, including a contract, which may proVerDate Aug 04 2004 07:33 Dec 01, 2004 Jkt 096906 PO 00000 Frm 00587 Fmt 6659 Sfmt 6603 E:\HR\OC\HR792.XXX HR792
584 

vide for a reasonable commission, reimbursement, or discount, with 

the following entities for the following purposes: 

(1) With any governmental or nongovernmental entity, including those in a gateway community, for the purpose of obtaining fee collection and processing services, including visitor 

reservation services. 

(2) With any governmental or nongovernmental entity, including those in a gateway community, for the purpose of obtaining emergency medical services. 

(3) With any governmental entity, including those in a gateway community, to obtain law enforcement services. 

(b) REVENUE SHARING.—A State or legal subdivision of a State 

that enters into an agreement with the Secretary under subsection 

(a) may share in a percentage of the revenues collected at the site 

in accordance with that fee management agreement. 

(c) COUNTY PROPOSALS.—The Secretary shall consider any proposal submitted by a county to provide services described in subsection (a). If the Secretary decides not to enter into a fee management agreement with the county under subsection (a), the Secretary 

shall notify the county in writing of the decision, identifying the reasons for the decision. The fee management agreement may include 

cooperative site planning and management provisions. 

SEC. 7. SPECIAL ACCOUNT AND DISTRIBUTION OF FEES AND REVENUES. 

(a) SPECIAL ACCOUNT.—The Secretary of the Treasury shall establish a special account in the Treasury for each Federal land 

management agency. 

(b) DEPOSITS.—Subject to subsections (c), (d), and (e), revenues 

collected by each Federal land management agency under this Act 

shall— 

(1) be deposited in its special account; and 

(2) remain available for expenditure, without further appropriation, until expended. 

(c) DISTRIBUTION OF RECREATION FEES AND SINGLE-SITE AGENCY PASS REVENUES.— 

(1) LOCAL DISTRIBUTION OF FUNDS.— 

(A) RETENTION OF REVENUES.—Not less than 80 percent of the recreation fees and site-specific agency pass revenues collected at a specific unit or area of a Federal land 

management agency shall remain available for expenditure, 

without further appropriation, until expended at that unit 

or area. 

(B) REDUCTION.—The Secretary may reduce the percentage allocation otherwise applicable under subparagraph (A) to a unit or area of a Federal land management 

agency, but not below 60 percent, for a fiscal year if the 

Secretary determines that the revenues collected at the unit 

or area exceed the reasonable needs of the unit or area for 

which expenditures may be made for that fiscal year. 

(2) AGENCY-WIDE DISTRIBUTION OF FUNDS.—The balance of 

the recreation fees and site-specific agency pass revenues collected at a specific unit or area of a Federal land management 

and not distributed in accordance with paragraph (1) shall remain available to that Federal land management agency for exVerDate Aug 04 2004 07:33 Dec 01, 2004 Jkt 096906 PO 00000 Frm 00588 Fmt 6659 Sfmt 6603 E:\HR\OC\HR792.XXX HR792
585 

penditure on an agency-wide basis, without further appropriation, until expended. 

(3) OTHER AMOUNTS.—Other amounts collected at other locations, including recreation fees collected by other entities or 

for a reservation service, shall remain available, without further appropriation, until expended in accordance with guidelines established by the Secretary. 

(d) DISTRIBUTION OF NATIONAL PARKS AND FEDERAL RECREATIONAL LANDS PASS REVENUES.—Revenues collected from the 

sale of the National Parks and Federal Recreational Lands Pass 

shall be deposited in the special accounts established for the Federal 

land management agencies in accordance with the guidelines issued 

under section 5(a)(7). 

(e) DISTRIBUTION OF REGIONAL MULTIENTITY PASS REVENUES.—Revenues collected from the sale of a regional multientity 

pass authorized under section 5(d) shall be deposited in each participating Federal land management agency’s special account in accordance with the terms of the region multientity pass agreement for 

the regional multientity pass. 

SEC. 8. EXPENDITURES. 

(a) USE OF FEES AT SPECIFIC SITE OR AREA.—Amounts available for expenditure at a specific site or area— 

(1) shall be accounted for separately from the amounts collected; 

(2) may be distributed agency-wide; and 

(3) shall be used only for— 

(A) repair, maintenance, and facility enhancement related directly to visitor enjoyment, visitor access, and 

health and safety; 

(B) interpretation, visitor information, visitor service, 

visitor needs assessments, and signs; 

(C) habitat restoration directly related to wildlife-dependent recreation that is limited to hunting, fishing, wildlife observation, or photography; 

(D) law enforcement related to public use and recreation; 

(E) direct operating or capital costs associated with the 

recreation fee program; and 

(F) a fee management agreement established under section 6(a) or a visitor reservation service. 

(b) LIMITATION ON USE OF FEES.—The Secretary may not use 

any recreation fees for biological monitoring on Federal recreational 

lands and waters under the Endangered Species Act of 1973 for listed or candidate species. 

(c) ADMINISTRATION, OVERHEAD, AND INDIRECT COSTS.—The 

Secretary may use not more 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— 

586 

(1) the National Parks and Federal Recreational Lands 

Pass during the five-year period beginning on the date the joint 

guidelines are issued under section 5(a)(7); and 

(2) a regional multientity pass authorized section 5(d) during the five-year period beginning on the date the regional 

multientity pass agreement for that recreation pass takes effect. 

SEC. 9. REPORTS. 

Not later than May 1, 2006, and every three years thereafter, 

the Secretary shall submit to the Congress a report detailing the status of the recreation fee program conducted for Federal recreational 

lands and waters, including an evaluation of the recreation fee program, examples of projects that were funded using such fees, and 

future projects and programs for funding with fees, and containing 

any recommendations for changes in the overall fee system. 

SEC. 10. SUNSET PROVISION. 

The authority of the Secretary to carry out this Act shall terminate 10 years after the date of the enactment of this Act. 

SEC. 11. VOLUNTEERS. 

(a) AUTHORITY TO USE VOLUNTEERS.—The Secretary may use 

volunteers, as appropriate, to collect recreation fees and sell recreation passes. 

(b) WAIVER OR DISCOUNT OF FEES; SITE-SPECIFIC AGENCY

PASS.—In exchange for volunteer services, the Secretary may waive 

or discount an entrance fee, standard amenity recreation fee, or an 

expanded amenity recreation fee that would otherwise apply to the 

volunteer or issue to the volunteer a site-specific agency pass authorized under section 5(c). 

(c) NATIONAL PARKS AND FEDERAL RECREATIONAL LANDS

PASS.—In accordance with the guidelines issued under section 

5(a)(7), the Secretaries may issue a National Parks and Federal 

Recreational Lands Pass to a volunteer in exchange for significant 

volunteer services performed by the volunteer. 

(d) REGIONAL MULTIENTITY PASSES.—The Secretary may issue 

a regional multientity pass authorized under section 5(d) to a volunteer in exchange for significant volunteer services performed by the 

volunteer, if the regional multientity pass agreement under which 

the regional multientity pass was established provides for the 

issuance of the pass to volunteers. 

SEC. 12. ENFORCEMENT AND PROTECTION OF RECEIPTS. 

(a) ENFORCEMENT AUTHORITY.—The Secretary concerned shall 

enforce payment of the recreation fees authorized by this Act. 

(b) EVIDENCE OF NONPAYMENT.—If the display of proof of payment of a recreation fee, or the payment of a recreation fee within 

a certain time period is required, failure to display such proof as 

required or to pay the recreation fee within the time period specified 

shall constitute nonpayment. 

(c) JOINT LIABILITY.—The registered owner and any occupant of 

a vehicle charged with a nonpayment violation involving the vehicle 

shall be jointly liable for penalties imposed under this section, unless the registered owner can show that the vehicle was used without 

the registered owner’s express or implied permission. 

(d) LIMITATION ON PENALTIES.—The failure to pay a recreation 

fee established under this Act shall be punishable as a Class A or 

587 

Class B misdemeanor, except that in the case of a first offense of 

nonpayment, the fine imposed may not exceed $100, notwithstanding section 3571(e) of title 18, United States Code. 

SEC. 13. REPEAL OF SUPERSEDED ADMISSION AND USE FEE AUTHORITIES. 

(a) LAND AND WATER CONSERVATION FUND ACT.—Subsections 

(a), (b), (c), (d), (e), (f), (g), and (i) of section 4 of the Land and 

Water Conservation Fund Act of 1965 (16 U.S.C. 460l–6a et seq.) 

are repealed, except that the Secretary may continue to issue Golden 

Eagle Passports, Golden Age Passports, and Golden Access Passports under such section until the date the notice required by section 

5(a)(3) is published in the Federal Register regarding the establishment of the National Parks and Federal Recreational Lands Pass. 

(b) RECREATIONAL FEE DEMONSTRATION PROGRAM.—Section 

315 of the Department of the Interior and Related Agencies Appropriations Act, 1996 (as contained in section 101(c) of Public Law 

104–134; 16 U.S.C. 460l–6a), is repealed. 

(c) ADMISSION PERMITS FOR REFUGE UNITS.—Section 201 of the 

Emergency Wetlands Resources Act of 1986 (16 U.S.C. 3911) is repealed. 

(d) NATIONAL PARK PASSPORT, GOLDEN EAGLE PASSPORT, GOLDEN AGE PASSPORT, AND GOLDEN ACCESS PASSPORT.—Effective 

on the date the notice required by section 5(a)(3) is published in the 

Federal Register, the following provisions of law authorizing the establishment of a national park passport program or the establishment and sale of a national park passport, Golden Eagle Passport, 

Golden Age Passport, or Golden Access Passport are repealed: 

(1) Section 502 of the National Parks Omnibus Management Act of 1998 (Public Law 105–391; 16 U.S.C. 5982). 

(2) Title VI of the National Parks Omnibus Management 

Act of 1998 (Public Law 105–391; 16 U.S.C. 5991–5995). 

(e) TREATMENT OF UNOBLIGATED FUNDS.— (1) LAND AND WATER CONSERVATION FUND SPECIAL AC- COUNTS.—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. 

588 

(3) RECREATIONAL FEE DEMONSTRATION PROGRAM.—Any 

funds collected in accordance with section 315 of the Department of the Interior and Related Agencies Appropriations Act, 

1996 (as contained in section 101(c) of Public Law 104–134; 16 

U.S.C. 460l–6a), that are unobligated on the day before the date 

of the enactment of this Act shall be transferred to the appropriate special account and shall be available to the Secretary in 

accordance with this Act. 

(4) ADMISSION PERMITS FOR REFUGE UNITS.—Any funds collected in accordance with section 201 of the Emergency Wetlands Resources Act of 1986 (16 U.S.C. 3911) that are available 

as provided in subsection (c)(A) of such section and are unobligated on the day before the date of the enactment of this Act 

shall be transferred to the special account of the United States 

Fish and Wildlife Service for use in accordance with this Act. 

(f) EFFECT OF REGULATIONS.—A regulation or policy issued 

under a provision of law repealed by this section shall remain in 

effect to the extent such a regulation or policy is consistent with the 

provisions of this Act until the Secretary issues a regulation, guideline, or policy under this Act that supersedes the earlier regulation. 

SEC. 14. RELATION TO OTHER LAWS AND FEE COLLECTION AUTHORITIES. 

(a) FEDERAL AND STATE LAWS UNAFFECTED.—Nothing in this 

Act shall authorize Federal hunting or fishing licenses or fees or 

charges for commercial or other activities not related to recreation, 

affect any rights or authority of the States with respect to fish and 

wildlife, or repeal or modify any provision of law that permits 

States or political subdivisions of States to share in the revenues 

from Federal lands or, except as provided in subsection (b), any provision of law that provides that any fees or charges collected at particular Federal areas be used for or credited to specific purposes or 

special funds as authorized by that provision of law. 

(b) RELATION TO REVENUE ALLOCATION LAWS.—Amounts collected under this Act, and the existence of a fee management agreement with a governmental entity under section 6(a), may not be 

taken into account for the purposes of any of the following laws: 

(1) The sixth paragraph under the heading ‘‘FOREST SERVICE’’ in the Act of May 23, 1908 (16 U.S.C. 500). 

(2) Section 13 of the Act of March 1, 1911 (16 U.S.C. 500; 

commonly known as the Weeks Act). 

(3) The fourteenth paragraph under the heading ‘‘FOREST

SERVICE’’ in the Act of March 4, 1913 (16 U.S.C. 501). 

(4) Section 33 of the Bankhead-Jones Farm Tenant Act (7 

U.S.C. 1012). 

(5) Title II of the Act of August 8, 1937, and the Act of May 

24, 1939 (43 U.S.C. 1181f et seq.). 

(6) Section 6 of the Act of June 14, 1926 (43 U.S.C. 869– 

4). 

(7) Chapter 69 of title 31, United States Code. 

(8) Section 401 of the Act of June 15, 1935 (16 U.S.C. 715s; 

commonly known as the Refuge Revenue Sharing Act). 

(9) The Secure Rural Schools and Community Self-Determination Act of 2000 (Public Law 106–393; 16 U.S.C. 500 

note), except that the exception made for such Act by this subsection is unique and is not intended to be construed as preceVerDate Aug 04 2004 07:33 Dec 01, 2004 Jkt 096906 PO 00000 Frm 00592 Fmt 6659 Sfmt 6603 E:\HR\OC\HR792.XXX HR792
589 

dent for amounts collected from the use of Federal lands under 

any other provision of law. 

(10) Section 2 of the Boulder Canyon Project Adjustment 

Act (43 U.S.C. 618a). 

(11) The Federal Water Project Recreation Act (16 U.S.C. 

460l–12 et seq.). 

(12) The first section of the Act of June 17, 1902, as amended or supplemented (43 U.S.C. 391). 

(13) The Act of February 25, 1920 (30 U.S.C. 181 et seq.; 

commonly known as the Mineral Leasing Act). 

(14) Section 4(e) of the Southern Nevada Public Land Management Act of 1998 (Public Law 105–263; 31 U.S.C. 6901 

note). 

(15) Section 5(a) of the Lincoln County Land Act of 2000 

(Public Law 106–298; 114 Stat. 1047). 

(16) Any other provision of law relating to revenue allocation. 

(c) CONSIDERATION OF OTHER FUNDS COLLECTED.—Amounts 

collected under any other law may not be disbursed under this Act. 

(d) SOLE RECREATION FEE AUTHORITY.—Recreation fees 

charged under this Act shall be in lieu of fees charged for the same 

purposes under any other provision of law. 

(e) FEES CHARGED BY THIRD PARTIES.—Notwithstanding any 

other provision of this Act, a third party may charge a fee for providing a good or service to a visitor of a unit or area of the Federal 

land management agencies in accordance with any other applicable 

law or regulation. 

(f) MIGRATORY BIRD HUNTING STAMP ACT.—Revenues from the 

stamp established under the Act of March 16, 1934 (16 U.S.C. 718 

et seq.; commonly known as the Migratory Bird Hunting Stamp Act 

or Duck Stamp Act), shall not be covered by this Act. 

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

Notwithstanding any other provision of law, fees collected 

under the authorities of this Act may not be used for employee bonuses. 

TITLE IX—SATELLITE HOME VIEWER EXTENSION AND 

REAUTHORIZATION ACT OF 2004 

SECTION 1. SHORT TITLES; TABLE OF CONTENTS. 

(a) SHORT TITLES.—This title may be cited as the ‘‘Satellite 

Home Viewer Extension and Reauthorization Act of 2004’’ or the ‘‘W. 

J. (Billy) Tauzin Satellite Television Act of 2004’’. 

(b) TABLE OF CONTENTS.—The table of contents for this Act is 

as follows: 

Sec. 1. Short titles; table of contents. 

TITLE I—STATUTORY LICENSE FOR SATELLITE CARRIERS 

Sec. 101. Extension of authority. 

Sec. 102. Reporting of subscribers; significantly viewed and other signals; technical 

amendments. 

Sec. 103. Statutory license for satellite carriers outside local markets. 

Sec. 104. Statutory license for satellite retransmission of low power television stations. 

Sec. 105. Definitions. 

Sec. 106. Effect on certain proceedings. 

590 

Sec. 107. Statutory license for satellite carriers retransmitting superstation signals 

to commercial establishments. 

Sec. 108. Expedited consideration of voluntary agreements to provide satellite secondary transmissions to local markets. 

Sec. 109. Study. 

Sec. 110. Additional study. 

Sec. 111 Special rules. 

Sec. 112. Technical amendment. 

TITLE II—FEDERAL COMMUNICATIONS COMMISSION OPERATIONS 

Sec. 201. Extension of retransmission consent exemption. 

Sec. 202. Cable/satellite comparability. 

Sec. 203. Carriage of local stations on a single dish. 

Sec. 204. Replacement of distant signals with local signals. 

Sec. 205. Additional notices to subscribers, networks, and stations concerning signal 

carriage. 

Sec. 206. Privacy rights of satellite subscribers. 

Sec. 207. Reciprocal bargaining obligations. 

Sec. 208. Study of impact on cable television service. 

Sec. 209. Reduction of required tests. 

Sec. 210. Satellite carriage of television stations in noncontiguous States. 

Sec. 211. Carriage of television signals to certain subscribers. 

Sec. 212. Digital transition savings provision. 

Sec. 213. Authorizing broadcast service in unserved areas of Alaska. 

TITLE I—STATUTORY LICENSE FOR 

SATELLITE CARRIERS 

SEC. 101. EXTENSION OF AUTHORITY. 

(a) IN GENERAL.—Section 4(a) of the Satellite Home Viewer Act 

of 1994 (17 U.S.C. 119 note; Public Law 103–369; 108 Stat. 3481) 

is amended by striking ‘‘December 31, 2004’’ and inserting ‘‘December 31, 2009’’. 

(b) EXTENSION FOR CERTAIN SUBSCRIBERS.—Section 119(e) of 

title 17, United States Code, is amended by striking ‘‘December 31, 

2004’’ and inserting ‘‘December 31, 2009’’. 

SEC. 102. REPORTING OF SUBSCRIBERS; SIGNIFICANTLY VIEWED AND 

OTHER SIGNALS; TECHNICAL AMENDMENTS. 

Section 119(a) of title 17, United States Code, is amended— 

(1) in paragraph (1)— 

(A) in the paragraph heading, by striking ‘‘AND PBS

SATELLITE FEED’’; 

(B) in the first sentence, by striking ‘‘(3), (4), and (6)’’ 

and inserting ‘‘(5), (6), and (8)’’; 

(C) in the first sentence, by striking ‘‘or by the Public 

Broadcasting Service satellite feed’’; and 

(D) by striking the second sentence; 

(2) in paragraph (2)— 

(A) in subparagraph (A), by striking ‘‘(3), (4), (5), and 

(6)’’ and inserting ‘‘(5), (6), (7), and (8)’’; and 

(B) by striking subparagraph (C) and inserting the following: 

‘‘(C) EXCEPTIONS.— 

‘‘(i) STATES WITH SINGLE FULL-POWER NETWORK

STATION.—In a State in which there is licensed by the 

Federal Communications Commission a single fullpower station that was a network station on January 

1, 1995, the statutory license provided for in subparaVerDate Aug 04 2004 07:33 Dec 01, 2004 Jkt 096906 PO 00000 Frm 00594 Fmt 6659 Sfmt 6603 E:\HR\OC\HR792.XXX HR792
591 

graph (A) shall apply to the secondary transmission by 

a satellite carrier of the primary transmission of that 

station to any subscriber in a community that is located within that State and that is not within the first 

50 television markets as listed in the regulations of the 

Commission as in effect on such date (47 CFR 76.51). 

‘‘(ii) STATES WITH ALL NETWORK STATIONS AND

SUPERSTATIONS IN SAME LOCAL MARKET.—In a State in 

which all network stations and superstations licensed 

by the Federal Communications Commission within 

that State as of January 1, 1995, are assigned to the 

same local market and that local market does not encompass all counties of that State, the statutory license 

provided under subparagraph (A) shall apply to the 

secondary transmission by a satellite carrier of the primary transmissions of such station to all subscribers in 

the State who reside in a local market that is within 

the first 50 major television markets as listed in the 

regulations of the Commission as in effect on such date 

(section 76.51 of title 47 of the Code of Federal Regulations). 

‘‘(iii) ADDITIONAL STATIONS.—In the case of that 

State in which are located 4 counties that— 

‘‘(I) on January 1, 2004, were in local markets 

principally comprised of counties in another State, 

and 

‘‘(II) had a combined total of 41,340 television 

households, according to the U.S. Television 

Household Estimates by Nielsen Media Research 

for 2004, 

the statutory license provided under subparagraph (A) 

shall apply to secondary transmissions by a satellite 

carrier to subscribers in any such county of the primary transmissions of any network station located in 

that State, if the satellite carrier was making such secondary transmissions to any subscribers in that county 

on January 1, 2004. 

‘‘(iv) CERTAIN ADDITIONAL STATIONS.—If 2 adjacent 

counties in a single State are in a local market comprised principally of counties located in another State, 

the statutory license provided for in subparagraph (A) 

shall apply to the secondary transmission by a satellite 

carrier to subscribers in those 2 counties of the primary 

transmissions of any network station located in the 

capital of the State in which such 2 counties are located, if— 

‘‘(I) the 2 counties are located in a local market that is in the top 100 markets for the year 2003 

according to Nielsen Media Research; and 

‘‘(II) the total number of television households 

in the 2 counties combined did not exceed 10,000 

for the year 2003 according to Nielsen Media Research. 

‘‘(v) APPLICABILITY OF ROYALTY RATES.—The royalty rates under subsection (b)(1)(B) apply to the secVerDate Aug 04 2004 07:33 Dec 01, 2004 Jkt 096906 PO 00000 Frm 00595 Fmt 6659 Sfmt 6603 E:\HR\OC\HR792.XXX HR792
592 

ondary transmissions to which the statutory license 

under subparagraph (A) applies under clauses (i), (ii), 

(iii), and (iv). 

‘‘(D) SUBMISSION OF SUBSCRIBER LISTS TO NET- WORKS.— 

‘‘(i) INITIAL LISTS.—A satellite carrier that makes 

secondary transmissions of a primary transmission 

made by a network station pursuant to subparagraph 

(A) shall, 90 days after commencing such secondary 

transmissions, submit to the network that owns or is 

affiliated with the network station— 

‘‘(I) a list identifying (by name and address, 

including street or rural route number, city, State, 

and zip code) all subscribers to which the satellite 

carrier makes secondary transmissions of that primary transmission to subscribers in unserved 

households; and 

‘‘(II) a separate list, aggregated by designated 

market area (as defined in section 122(j)) (by name 

and address, including street or rural route number, city, State, and zip code), which shall indicate 

those subscribers being served pursuant to paragraph (3), relating to significantly viewed stations. 

‘‘(ii) MONTHLY LISTS.—After the submission of the 

initial lists under clause (i), on the 15th of each month, 

the satellite carrier shall submit to the network— 

‘‘(I) a list identifying (by name and address, 

including street or rural route number, city, State, 

and zip code) any persons who have been added or 

dropped as subscribers under clause (i)(I) since the 

last submission under clause (i); and 

‘‘(II) a separate list, aggregated by designated 

market area (by name and street address, including street or rural route number, city, State, and 

zip code), identifying those subscribers whose service pursuant to paragraph (3), relating to significantly viewed stations, has been added or dropped. 

‘‘(iii) USE OF SUBSCRIBER INFORMATION.—Subscriber information submitted by a satellite carrier 

under this subparagraph may be used only for purposes of monitoring compliance by the satellite carrier 

with this subsection. 

‘‘(iv) APPLICABILITY.—The submission requirements 

of this subparagraph shall apply to a satellite carrier 

only if the network to which the submissions are to be 

made places on file with the Register of Copyrights a 

document identifying the name and address of the person to whom such submissions are to be made. The 

Register shall maintain for public inspection a file of 

all such documents.’’; 

(3) by striking paragraph (8); 

(4) by redesignating paragraphs (9) through (12) as paragraphs (10) through (13), respectively; 

(5) by redesignating paragraphs (3) through (7) as paragraphs (5) through (9), respectively; 

593 

(6) by inserting after paragraph (2) the following: 

‘‘(3) SECONDARY TRANSMISSIONS OF SIGNIFICANTLY VIEWED

SIGNALS.— 

‘‘(A) IN GENERAL.—Notwithstanding the provisions of 

paragraph (2)(B), and subject to subparagraph (B) of this 

paragraph, the statutory license provided for in paragraphs 

(1) and (2) shall apply to the secondary transmission of the 

primary transmission of a network station or a superstation to a subscriber who resides outside the station’s local 

market (as defined in section 122(j)) but within a community in which the signal has been determined by the Federal Communications Commission, to be significantly 

viewed in such community, pursuant to the rules, regulations, and authorizations of the Federal Communications 

Commission in effect on April 15, 1976, applicable to determining with respect to a cable system whether signals are 

significantly viewed in a community. 

‘‘(B) LIMITATION.—Subparagraph (A) shall apply only 

to secondary transmissions of the primary transmissions of 

network stations and superstations to subscribers who receive secondary transmissions from a satellite carrier pursuant to the statutory license under section 122. 

‘‘(C) WAIVER.— 

‘‘(i) IN GENERAL.—A subscriber who is denied the 

secondary transmission of the primary transmission of 

a network station under subparagraph (B) may request 

a waiver from such denial by submitting a request, 

through the subscriber’s satellite carrier, to the network 

station in the local market affiliated with the same network where the subscriber is located. The network station shall accept or reject the subscriber’s request for a 

waiver within 30 days after receipt of the request. If the 

network station fails to accept or reject the subscriber’s 

request for a waiver within that 30-day period, that 

network station shall be deemed to agree to the waiver 

request. Unless specifically stated by the network station, a waiver that was granted before the date of the 

enactment of the Satellite Home Viewer Extension and 

Reauthorization Act of 2004 under section 339(c)(2) of 

the Communications Act of 1934 shall not constitute a 

waiver for purposes of this subparagraph. 

‘‘(ii) SUNSET.—The authority under clause (i) to 

grant waivers shall terminate on December 31, 2008, 

and any such waiver in effect shall terminate on that 

date.’’; 

(7) in paragraph (2)(B)(i), by adding at the end the following new sentence: ‘‘The limitation in this clause shall not 

apply to secondary transmissions under paragraph (3).’’. 

SEC. 103. STATUTORY LICENSE FOR SATELLITE CARRIERS OUTSIDE 

LOCAL MARKETS. 

Section 119 of title 17, United States Code, is amended as follows: 

(1) Subsection (a) is amended by inserting after paragraph 

(3), as added by section 102 of this Act, the following: 

594 

‘‘(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 SIG- NALS.—In the case of a subscriber of a satellite carrier 

who is eligible to receive the secondary transmission of 

the primary analog transmission of a network station 

solely by reason of subsection (e) (in this subparagraph 

referred to as a ‘distant analog signal’), and who, as of 

October 1, 2004, is receiving the distant analog signal 

of that network station, the following shall apply: 

‘‘(I) In a case in which the satellite carrier 

makes available to the subscriber the secondary 

transmission of the primary analog transmission 

of a local network station affiliated with the same 

television network pursuant to the statutory license 

under section 122, the statutory license under 

paragraph (2) shall apply only to secondary transmissions by that satellite carrier to that subscriber 

of the distant analog signal of a station affiliated 

with the same television network— 

‘‘(aa) if, within 60 days after receiving the 

notice of the satellite carrier under section 

338(h)(1) of the Communications Act of 1934, 

the subscriber elects to retain the distant analog signal; but 

‘‘(bb) only until such time as the subscriber elects to receive such local analog signal. 

‘‘(II) Notwithstanding subclause (I), the statutory license under paragraph (2) shall not apply 

with respect to any subscriber who is eligible to receive the distant analog signal of a television network station solely by reason of subsection (e), unless the satellite carrier, within 60 days after the 

date of the enactment of the Satellite Home Viewer 

Extension and Reauthorization Act of 2004, submits to that television network a list, aggregated 

by designated market area (as defined in section 

122(j)(2)(C)), that— 

‘‘(aa) identifies that subscriber by name 

and address (street or rural route number, 

city, State, and zip code) and specifies the distant analog signals received by the subscriber; 

and 

‘‘(bb) states, to the best of the satellite carrier’s knowledge and belief, after having made 

diligent and good faith inquiries, that the subscriber is eligible under subsection (e) to receive the distant analog signals. 

‘‘(ii) FOR THOSE NOT RECEIVING DISTANT ANALOG

SIGNALS.—In the case of any subscriber of a satellite 

carrier who is eligible to receive the distant analog signal of a network station solely by reason of subsection 

595 

(e) and who did not receive a distant analog signal of 

a station affiliated with the same network on October 

1, 2004, the statutory license under paragraph (2) shall 

not apply to secondary transmissions by that satellite 

carrier to that subscriber of the distant analog signal 

of a station affiliated with the same network. 

‘‘(B) RULES FOR OTHER SUBSCRIBERS.—In the case of a 

subscriber of a satellite carrier who is eligible to receive the 

secondary transmission of the primary analog transmission 

of a network station under the statutory license under paragraph (2) (in this subparagraph referred to as a ‘distant 

analog signal’), other than subscribers to whom subparagraph (A) applies, the following shall apply: 

‘‘(i) In a case in which the satellite carrier makes 

available to that subscriber, on January 1, 2005, the 

secondary transmission of the primary analog transmission of a local network station affiliated with the 

same television network pursuant to the statutory license under section 122, the statutory license under 

paragraph (2) shall apply only to secondary transmissions by that satellite carrier to that subscriber of 

the distant analog signal of a station affiliated with 

the same television network if the subscriber’s satellite 

carrier, not later than March 1, 2005, submits to that 

television network a list, aggregated by designated 

market area (as defined in section 122(j)(2)(C)), that 

identifies that subscriber by name and address (street 

or rural route number, city, State, and zip code) and 

specifies the distant analog signals received by the subscriber. 

‘‘(ii) In a case in which the satellite carrier does 

not make available to that subscriber, on January 1, 

2005, the secondary transmission of the primary analog transmission of a local network station affiliated 

with the same television network pursuant to the statutory license under section 122, the statutory license 

under paragraph (2) shall apply only to secondary 

transmissions by that satellite carrier of the distant 

analog signal of a station affiliated with the same network to that subscriber if— 

‘‘(I) that subscriber seeks to subscribe to such 

distant analog signal before the date on which 

such carrier commences to provide pursuant to the 

statutory license under section 122 the secondary 

transmissions of the primary analog transmission 

of stations from the local market of such local network station; and 

‘‘(II) the satellite carrier, within 60 days after 

such date, submits to each television network a list 

that identifies each subscriber in that local market 

provided such an analog signal by name and address (street or rural route number, city, State, and 

zip code) and specifies the distant analog signals 

received by the subscriber. 

596 

‘‘(C) FUTURE APPLICABILITY.—The statutory license 

under paragraph (2) shall not apply to the secondary transmission by a satellite carrier of a primary analog transmission of a network station to a person who— 

‘‘(i) is not a subscriber lawfully receiving such secondary transmission as of the date of the enactment of 

the Satellite Home Viewer Extension and Reauthorization Act of 2004; and 

‘‘(ii) at the time such person seeks to subscribe to 

receive such secondary transmission, resides in a local 

market where the satellite carrier makes available to 

that person the secondary transmission of the primary 

analog transmission of a local network station affiliated with the same television network pursuant to the 

statutory license under section 122, and such secondary 

transmission of such primary transmission can reach 

such person. 

‘‘(D) SPECIAL RULES FOR DISTANT DIGITAL SIGNALS.— The statutory license under paragraph (2) shall apply to 

secondary transmissions by a satellite carrier to a subscriber of primary digital transmissions of network stations 

if such secondary transmissions to such subscriber are permitted under section 339(a)(2)(D) of the Communications 

Act of 1934, as in effect on the day after the date of the enactment of the Satellite Home Viewer Extension and Reauthorization Act of 2004, except that the reference to section 

73.683(a) of title 47, Code of Federal Regulations, referred 

to in section 339(a)(2)(D)(i)(I) shall refer to such section as 

in effect on the date of the enactment of the Satellite Home 

Viewer Extension and Reauthorization Act of 2004. 

‘‘(E) OTHER PROVISIONS NOT AFFECTED.—This paragraph shall not affect the applicability of the statutory license to secondary transmissions under paragraph (3) or to 

unserved households included under paragraph (12). 

‘‘(F) WAIVER.—A subscriber who is denied the secondary transmission of a network station under subparagraph (C) or (D) may request a waiver from such denial by 

submitting a request, through the subscriber’s satellite carrier, to the network station in the local market affiliated 

with the same network where the subscriber is located. The 

network station shall accept or reject the subscriber’s request for a waiver within 30 days after receipt of the request. If the network station fails to accept or reject the subscriber’s request for a waiver within that 30-day period, 

that network station shall be deemed to agree to the waiver 

request. Unless specifically stated by the network station, a 

waiver that was granted before the date of the enactment 

of the Satellite Home Viewer Extension and Reauthorization Act of 2004 under section 339(c)(2) of the Communications Act of 1934 shall not constitute a waiver for purposes 

of this subparagraph. 

‘‘(G) AVAILABLE DEFINED.—For purposes of this paragraph, a satellite carrier makes available a secondary 

transmission of the primary transmission of a local station 

to a subscriber or person if the satellite carrier offers that 

597 

secondary transmission to other subscribers who reside in 

the same zip code as that subscriber or person.’’. 

(2) Subsection (a) is amended by adding at the end the following: 

‘‘(14) WAIVERS.—A subscriber who is denied the secondary 

transmission of a signal of a network station under subsection 

(a)(2)(B) may request a waiver from such denial by submitting 

a request, through the subscriber’s satellite carrier, to the network station asserting that the secondary transmission is prohibited. The network station shall accept or reject a subscriber’s 

request for a waiver within 30 days after receipt of the request. 

If a television network station fails to accept or reject a subscriber’s request for a waiver within the 30-day period after receipt of the request, that station shall be deemed to agree to the 

waiver request and have filed such written waiver. Unless specifically stated by the network station, a waiver that was granted before the date of the enactment of the Satellite Home Viewer 

Extension and Reauthorization Act of 2004 under section 

339(c)(2) of the Communications Act of 1934, and that was in 

effect on such date of enactment, shall constitute a waiver for 

purposes of this paragraph.’’. 

(3) Subsection (b)(1) is amended by striking subparagraph 

(B) and inserting the following: 

‘‘(B) a royalty fee for that 6-month period, computed by 

multiplying the total number of subscribers receiving each 

secondary transmission of each superstation or network station during each calendar month by the appropriate rate in 

effect under this section.’’. 

(4) Subsection (b)(1) is further amended by adding at the 

end the following flush sentence: ‘‘Notwithstanding the provisions of subparagraph (B), a satellite carrier whose secondary 

transmissions are subject to statutory licensing under paragraph (1) or (2) of subsection (a) shall have no royalty obligation for secondary transmissions to a subscriber under paragraph (3) of such subsection.’’. 

(5) Subsection (c) is amended to read as follows: 

‘‘(c) ADJUSTMENT OF ROYALTY FEES.— 

‘‘(1) APPLICABILITY AND DETERMINATION OF ROYALTY FEES

FOR ANALOG SIGNALS.— 

‘‘(A) INITIAL FEE.—The appropriate fee for purposes of 

determining the royalty fee under subsection (b)(1)(B) for 

the secondary transmission of the primary analog transmissions of network stations and superstations shall be the 

appropriate fee set forth in part 258 of title 37, Code of Federal Regulations, as in effect on July 1, 2004, as modified 

under this paragraph. 

‘‘(B) FEE SET BY VOLUNTARY NEGOTIATION.—On or before January 2, 2005, the Librarian of Congress shall cause 

to be published in the Federal Register of the initiation of 

voluntary negotiation proceedings for the purpose of determining the royalty fee to be paid by satellite carriers for the 

secondary transmission of the primary analog transmission 

of network stations and superstations under subsection 

(b)(1)(B). 

598 

‘‘(C) NEGOTIATIONS.—Satellite carriers, distributors, 

and copyright owners entitled to royalty fees under this section shall negotiate in good faith in an effort to reach a voluntary agreement or agreements for the payment of royalty 

fees. Any such satellite carriers, distributors and copyright 

owners may at any time negotiate and agree to the royalty 

fee, and may designate common agents to negotiate, agree 

to, or pay such fees. If the parties fail to identify common 

agents, the Librarian of Congress shall do so, after requesting recommendations from the parties to the negotiation 

proceeding. The parties to each negotiation proceeding shall 

bear the cost thereof. 

‘‘(D) AGREEMENTS BINDING ON PARTIES; FILING OF

AGREEMENTS; PUBLIC NOTICE.—(i) Voluntary agreements 

negotiated at any time in accordance with this paragraph 

shall be binding upon all satellite carriers, distributors, 

and copyright owners that a parties thereto. Copies of such 

agreements shall be filed with the Copyright Office within 

30 days after execution in accordance with regulations that 

the Register of Copyrights shall prescribe. 

‘‘(ii)(I) Within 10 days after publication in the Federal 

Register of a notice of the initiation of voluntary negotiation 

proceedings, parties who have reached a voluntary agreement may request that the royalty fees in that agreement be 

applied to all satellite carriers, distributors, and copyright 

owners without convening an arbitration proceeding pursuant to subparagraph (E). 

‘‘(II) Upon receiving a request under subclause (I), the 

Librarian of Congress shall immediately provide public notice of the royalty fees from the voluntary agreement and afford parties an opportunity to state that they object to those 

fees. 

‘‘(III) The Librarian shall adopt the royalty fees from 

the voluntary agreement for all satellite carriers, distributors, and copyright owners without convening an arbitration proceeding unless a party with an intent to participate 

in the arbitration proceeding and a significant interest in 

the outcome of that proceeding objects under subclause (II). 

‘‘(E) PERIOD AGREEMENT IS IN EFFECT.—The obligation 

to pay the royalty fees established under a voluntary agreement which has been filed with the Copyright Office in accordance with this paragraph shall become effective on the 

date specified in the agreement, and shall remain in effect 

until December 31, 2009, or in accordance with the terms 

of the agreement, whichever is later. 

‘‘(F) FEE SET BY COMPULSORY ARBITRATION.— 

‘‘(i) NOTICE OF INITIATION OF PROCEEDINGS.—On 

or before May 1, 2005, the Librarian of Congress shall 

cause notice to be published in the Federal Register of 

the initiation of arbitration proceedings for the purpose 

of determining the royalty fee to be paid for the secondary transmission of primary analog transmission of 

network stations and superstations under subsection 

(b)(1)(B) by satellite carriers and distributors— 

599 

‘‘(I) in the absence of a voluntary agreement 

filed in accordance with subparagraph (D) that establishes royalty fees to be paid by all satellite carriers and distributors; or 

‘‘(II) if an objection to the fees from a voluntary agreement submitted for adoption by the 

Librarian of Congress to apply to all satellite carriers, distributors, and copyright owners is received under subparagraph (D) from a party with 

an intent to participate in the arbitration proceeding and a significant interest in the outcome of 

that proceeding. 

Such arbitrary proceeding shall be conducted under 

chapter 8 as in effect on the day before the date of the 

enactment of the Copyright Royalty and Distribution 

Act of 2004. 

‘‘(ii) ESTABLISHMENT OF ROYALTY FEES.—In determining royalty fees under this subparagraph, the copyright arbitration royalty panel appointed under chapter 

8, as in effect on the day before the date of the enactment of the Copyright Royalty and Distribution Act of 

2004 shall establish fees for the secondary transmissions of the primary analog transmission of network stations and superstations that most clearly represent the fair market value of secondary transmissions, except that the Librarian of Congress and 

any copyright arbitration royalty panel shall adjust 

those fees to account for the obligations of the parties 

under any applicable voluntary agreement filed with 

the Copyright Office pursuant to subparagraph (D). In 

determining the fair market value, the panel shall base 

its decision on economic, competitive, and programming information presented by the parties, including— 

‘‘(I) the competitive environment in which such 

programming is distributed, the cost of similar signals in similar private and compulsory license 

marketplaces, and any special features and conditions of the retransmission marketplace; 

‘‘(II) the economic impact of such fees on copyright owners and satellite carriers; and 

‘‘(III) the impact on the continued availability 

of secondary transmissions to the public. 

‘‘(iii) PERIOD DURING WHICH DECISION OF ARBITRATION PANEL OR ORDER OF LIBRARIAN EFFECTIVE.—The 

obligation to pay the royalty fee established under a determination which— 

‘‘(I) is made by a copyright arbitration royalty 

panel in an arbitration proceeding under this 

paragraph and is adopted by the Librarian of Congress under section 802(f), as in effect on the day 

before the date of the enactment of the Copyright 

Royalty and Distribution Act of 2004; or 

‘‘(II) is established by the Librarian under section 802(f) as in effect on the day before such date 

600 

of enactment shall be effective as of January 1, 

2005. 

‘‘(iv) PERSONS SUBJECT TO ROYALTY FEE.—The royalty fee referred to in (iii) shall be binding on all satellite carriers, distributors and copyright owners, who 

are not party to a voluntary agreement filed with the 

Copyright Office under subparagraph (D). 

‘‘(2) APPLICABILITY AND DETERMINATION OF ROYALTY FEES

FOR DIGITAL SIGNALS.—The process and requirements for establishing the royalty fee payable under subsection (b)(1)(B) for the 

secondary transmission of the primary digital transmissions of 

network stations and superstations shall be the same as that set 

forth in paragraph (1) for the secondary transmission of the primary analog transmission of network stations and superstations, except that— 

‘‘(A) the initial fee under paragraph (1)(A) shall be the 

rates set forth in section 298.3(b)(1) and (2) of title 37, Code 

of Federal Regulations, as in effect on the date of the enactment of the Satellite Home Viewer Extension and Reauthorization Act of 2004, reduced by 22.5 percent; 

‘‘(B) the notice of initiation of arbitration proceedings 

required in paragraph (1)(F)(i) shall be published on or before December 31, 2005; and 

‘‘(C) the royalty fees that are established for the secondary transmission of the primary digital transmission of 

network stations and superstations in accordance with to 

the procedures set forth in paragraph (1)(F)(iii) and are 

payable under subsection (b)(1)(B)— 

‘‘(i) shall be reduced by 22.5 percent; and 

‘‘(ii) shall be adjusted by the Librarian of Congress 

on January 1, 2007, and on January 1 of each year 

thereafter, to reflect any changes occurring during the 

preceding 12 months in the cost of living as determined 

by the most recent Consumer Price Index (for all consumers and items) published by the Secretary of 

Labor.’’. 

(6) Subsection (a)(7), as redesignated by section 102(5) of 

this Act, is amended— 

(A) in subparagraph (A), by striking ‘‘who does not reside in an unserved household’’ and inserting ‘‘who is not 

eligible to receive the transmission under this section’’; 

(B) in subparagraph (B), by striking ‘‘who do not reside 

in unserved households’’ and inserting ‘‘who are not eligible 

to receive the transmission under this section’’; and 

(C) in subparagraph (D), by striking ‘‘is for private 

home viewing to an unserved household’’ and inserting ‘‘is 

to a subscriber who is eligible to receive the secondary 

transmission under this section’’. 

SEC. 104. STATUTORY LICENSE FOR SATELLITE RETRANSMISSION OF 

LOW POWER TELEVISION STATIONS. 

(a) IN GENERAL.—Section 119(a) of title 17, United States Code 

(as amended by sections 102 and 103 of this Act), is further amended by adding at the end the following: 

‘‘(15) CARRIAGE OF LOW POWER TELEVISION STATIONS.— 

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‘‘(A) IN GENERAL.—Notwithstanding paragraph (2)(B), 

and subject to subparagraphs (B) through (F) of this paragraph, the statutory license provided for in paragraphs (1) 

and (2) shall apply to the secondary transmission of the 

primary transmission of a network station or a superstation that is licensed as a low power television station, to a 

subscriber who resides within the same local market. 

‘‘(B) GEOGRAPHIC LIMITATION.— ‘‘(i) NETWORK STATIONS.—With respect to network 

stations, secondary transmissions provided for in subparagraph (A) shall be limited to secondary transmissions to subscribers who— 

‘‘(I) reside in the same local market as the station originating the signal; and 

‘‘(II) reside within 35 miles of the transmitter 

site of such station, except that in the case of such 

a station located in a standard metropolitan statistical area which has 1 of the 50 largest populations of all standard metropolitan statistical 

areas (based on the 1980 decennial census of population taken by the Secretary of Commerce), the 

number of miles shall be 20. 

‘‘(ii) SUPERSTATIONS.—With respect to superstations, secondary transmissions provided for in subparagraph (A) shall be limited to secondary transmissions to subscribers who reside in the same local 

market as the station originating the signal. 

‘‘(C) NO APPLICABILITY TO REPEATERS AND TRANSLATORS.—Secondary transmissions provided for in subparagraph (A) shall not apply to any low power television 

station that retransmits the programs and signals of another television station for more than 2 hours each day. 

‘‘(D) ROYALTY FEES.—Notwithstanding subsection 

(b)(1)(B), a satellite carrier whose secondary transmissions 

of the primary transmissions of a low power television station are subject to statutory licensing under this section 

shall have no royalty obligation for secondary transmissions to a subscriber who resides within 35 miles of the 

transmitter site of such station, except that in the case of 

such a station located in a standard metropolitan statistical area which has 1 of the 50 largest populations of all 

standard metropolitan statistical areas (based on the 1980 

decennial census of population taken by the Secretary of 

Commerce), the number of miles shall be 20. Carriage of a 

superstation that is a low power television station within 

the station’s local market, but outside of the 35-mile or 20- 

mile radius described in the preceding sentence, shall be 

subject to royalty payments under section (b)(1)(B). 

‘‘(E) LIMITATION TO SUBSCRIBERS TAKING LOCAL-INTO- LOCAL SERVICE.—Secondary transmissions provided for in 

subparagraph (A) may be made only to subscribers who receive secondary transmissions of primary transmissions 

from that satellite carrier pursuant to the statutory license 

under section 122, and only in conformity with the requirements under 340(b) of the Communications Act of 1934, as 

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in effect on the date of the enactment of the Satellite Home 

Viewer Extension and Reauthorization Act of 2004.’’. 

SEC. 105. DEFINITIONS. 

Section 119(d) of title 17, United States Code, is amended— 

(1) in paragraph (2)(A), by striking ‘‘a television broadcast 

station’’ and inserting ‘‘a television station licensed by the Federal Communications Commission’’; 

(2) by amending paragraph (9) to read as follows: 

‘‘(9) SUPERSTATION.—The term ‘superstation’ means a television station, other than a network station, licensed by the 

Federal Communications Commission, that is secondarily 

transmitted by a satellite carrier.’’; 

(3) in paragraph (10)— 

(A) in subparagraph (B), by striking ‘‘granted under 

regulations established under section 339(c)(2) of the Communications Act of 1934’’ and inserting ‘‘that meets the 

standards of subsection (a)(14) whether or not the waiver 

was granted before the date of the enactment of the Satellite Home Viewer Extension and Reauthorization Act of 

2004’’; and 

(B) in subparagraph (D), by striking ‘‘(a)(11)’’ and inserting ‘‘(a)(12)’’; and 

(4) by striking paragraphs (11) and (12) and inserting the 

following: 

‘‘(11) LOCAL MARKET.—The term ‘local market’ has the 

meaning given such term under section 122(j), except that with 

respect to a low power television station, the term ‘local market’ 

means the designated market area in which the station is located. 

‘‘(12) LOW POWER TELEVISION STATION.—The term ‘low 

power television station’ means a low power television as defined under section 74.701(f) of title 47, Code of Federal Regulations, as in effect on June 1, 2004. For purposes of this paragraph, the term ‘low power television station’ includes a low 

power television station that has been accorded primary status 

as a Class A television licensee under section 73.6001(a) of title 

47, Code of Federal Regulations. 

‘‘(13) COMMERCIAL ESTABLISHMENT.—The term ‘commercial 

establishment’— 

‘‘(A) means an establishment used for commercial purposes, such as a bar, restaurant, private office, fitness club, 

oil rig, retail store, bank or other financial institution, supermarket, automobile or boat dealership, or any other establishment with a common business area; and 

‘‘(B) does not include a multi-unit permanent or temporary dwelling where private home viewing occurs, such 

as a hotel, dormitory, hospital, apartment, condominium, 

or prison.’’. 

SEC. 106. EFFECT ON CERTAIN PROCEEDINGS. 

Nothing in this title shall modify any remedy imposed on a 

party that is required by the judgment of a court in any action that 

was brought before May 1, 2004, against that party for a violation 

of section 119 of title 17, United States Code. 

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SEC. 107. STATUTORY LICENSE FOR SATELLITE CARRIERS RETRANSMITTING SUPERSTATION SIGNALS TO COMMERCIAL 

ESTABLISHMENTS. 

(a) IN GENERAL.—Section 119 of title 17, United States Code, 

is amended— 

(1) in subsection (a)(1)— 

(A) by inserting ‘‘or for viewing in a commercial establishment’’ after ‘‘for private home viewing’’ each place it appears; and 

(B) by striking ‘‘household’’ and inserting ‘‘subscriber’’; 

(2) in subsection (b), by striking ‘‘for private home viewing’’ 

each place it appears; 

(3) in subsection (d)(1)— 

(A) by striking ‘‘for private home viewing’’; and 

(B) by inserting ‘‘in accordance with the provisions of 

this section’’ before the period; 

(4) in subsection (d)(6), by inserting ‘‘pursuant to this section’’ before the period; and 

(5) in subsection (d)(8)— 

(A) by striking ‘‘who’’ and inserting ‘‘or entity that’’; 

(B) by striking ‘‘for private home viewing’’; and 

(C) by inserting ‘‘in accordance with the provisions of 

this section’’ before the period. 

(b) CONFORMING AMENDMENTS.—Subsections (a)(4) and 

(d)(1)(A) of section 111 of title 17, United States Code, are each 

amended by striking ‘‘for private home viewing’’. 

SEC. 108. EXPEDITED CONSIDERATION OF VOLUNTARY AGREEMENTS 

TO PROVIDE SATELLITE SECONDARY TRANSMISSIONS TO 

LOCAL MARKETS. 

Section 119 of title 17, United States Code, is amended by adding at the end the following: 

‘‘(f) EXPEDITED CONSIDERATION BY JUSTICE DEPARTMENT OF

VOLUNTARY AGREEMENTS TO PROVIDE SATELLITE SECONDARY

TRANSMISSIONS TO LOCAL MARKETS.— 

‘‘(1) IN GENERAL.—In a case in which no satellite carrier 

makes available, to subscribers located in a local market, as defined in section 122(j)(2), the secondary transmission into that 

market of a primary transmission of one or more television 

broadcast stations licensed by the Federal Communications 

Commission, and two or more satellite carriers request a business review letter in accordance with section 50.6 of title 28, 

Code of Federal Regulations (as in effect on July 7, 2004), in 

order to assess the legality under the antitrust laws of proposed 

business conduct to make or carry out an agreement to provide 

such secondary transmission into such local market, the appropriate official of the Department of Justice shall respond to the 

request no later than 90 days after the date on which the request is received. 

‘‘(2) DEFINITION.—For purposes of this subsection, the term 

‘antitrust laws’— 

‘‘(A) has the meaning given that term in subsection (a) 

of the first section of the Clayton Act (15 U.S.C. 12(a)), except that such term includes section 5 of the Federal Trade 

Commission Act (15 U.S.C. 45) to the extent such section 5 

applies to unfair methods of competition; and 

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‘‘(B) includes any State law similar to the laws referred 

to in paragraph (1).’’. 

SEC. 109. STUDY. 

No later than June 30, 2008, the Register of Copyrights shall 

report to the Committee on the Judiciary of the House of Representatives and the Committee on the Judiciary of the Senate the Register’s findings and recommendations on the operation and revision 

of the statutory licenses under sections 111, 119, and 122 of title 17, 

United States Code. The report shall include, but not be limited to, 

the following: 

(1) A comparison of the royalties paid by licensees under 

such sections, including historical rates of increases in these 

royalties, a comparison between the royalties under each such 

section and the prices paid in the marketplace for comparable 

programming. 

(2) An analysis of the differences in the terms and conditions of the licenses under such sections, an analysis of whether 

these differences are required or justified by historical, technological, or regulatory differences that affect the satellite and 

cable industries, and an analysis of whether the cable or satellite industry is placed in a competitive disadvantage due to 

these terms and conditions. 

(3) An analysis of whether the licenses under such sections 

are still justified by the bases upon which they were originally 

created. 

(4) An analysis of the correlation, if any, between the royalties, or lack thereof, under such sections and the fees charged 

to cable and satellite subscribers, addressing whether cable and 

satellite companies have passed to subscribers any savings realized as a result of the royalty structure and amounts under 

such sections. 

(5) An analysis of issues that may arise with respect to the 

application of the licenses under such sections to the secondary 

transmissions of the primary transmissions of network stations 

and superstations that originate as digital signals, including 

issues that relate to the application of the unserved household 

limitations under section 119 of title 17, United States Code, 

and to the determination of royalties of cable systems and satellite carriers. 

SEC. 110. ADDITIONAL STUDY. 

No later than December 31, 2005, the Register of Copyrights 

shall report to the Committee on the Judiciary of the House of Representatives and the Committee on the Judiciary of the Senate the 

Register’s findings and recommendations on the following: 

(1) The extent to which the unserved household limitation 

for network stations contained in section 119 of title 17, United 

States Code, has operated efficiently and effectively and has forwarded the goal of title 17, United States Code, to protect copyright owners of over-the-air television programming, including 

what amendments, if any, are necessary to effectively identify 

the application of the limitation to individual households to receive secondary transmissions of primary digital transmissions 

of network stations. 

605 

(2) The extent to which secondary transmissions of primary 

transmissions of network stations and superstations under section 119 of title 17, United States Code, harm copyright owners 

of broadcast programming throughout the United States and 

the effect, if any, of the statutory license under section 122 of 

title 17, United States Code, in reducing such harm. 

SEC. 111. SPECIAL RULES. 

(a) RESTRICTIONS ON TRANSMISSION OF DISTANT TELEVISION

STATIONS IN AREAS OF ALASKA WHERE LOCAL-INTO-LOCAL SERVICE

IS AVAILABLE.—Section 119(a) of title 17, United States Code, is 

amended by adding at the end thereof the following: 

‘‘(16) RESTRICTED TRANSMISSION OF OUT-OF-STATE DISTANT

NETWORK SIGNALS INTO CERTAIN MARKETS.— 

‘‘(A) OUT-OF-STATE NETWORK AFFILIATES.—Notwithstanding any other provision of this title, the statutory license in this subsection and subsection (b) shall not apply 

to any secondary transmission of the primary transmission 

of a network station located outside of the State of Alaska 

to any subscriber in that State to whom the secondary 

transmission of the primary transmission of a television 

station located in that State is made available by the satellite carrier pursuant to section 122. 

‘‘(B) EXCEPTION.—The limitation in subparagraph (A) 

shall not apply to the secondary transmission of the primary transmission of a digital signal of a network station 

located outside of the State of Alaska if at the time that the 

secondary transmission is made, no television station licensed to a community in the State and affiliated with the 

same network makes primary transmissions of a digital 

signal.’’. 

(b) EXTRA DMA DEEMED LOCAL.—Section 122(j)(2) of title 17, 

United States Code, is amended by adding at the end thereof the 

following: 

‘‘(D) CERTAIN AREAS OUTSIDE OF ANY DESIGNATED MARKET AREA.—Any census area, borough, or other area in the 

State of Alaska that is outside of a designated market area, 

as determined by Nielsen Media Research, shall be deemed 

to be part of one of the local markets in the State of Alaska. 

A satellite carrier may determine which local market in the 

State of Alaska will be deemed to be the relevant local market in connection with each subscriber in such census area, 

borough, or other area.’’. 

SEC. 112. TECHNICAL AMENDMENT. 

Section 803(b)(1)(A)(i)(V) of title 17, United States Code, as 

amended by the Copyright Royalty and Distribution Reform Act of 

2004, is amended by inserting before the period at the end the following: ‘‘, except that in the case of proceedings under section 111 

that are scheduled to commence in 2005, such notice may not be 

published. 

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TITLE II—FEDERAL COMMUNICATIONS 

COMMISSION OPERATIONS 

SEC. 201. EXTENSION OF RETRANSMISSION CONSENT EXEMPTION. 

Section 325(b)(2)(C) of the Communications Act of 1934 (47 

U.S.C. 325(b)(2)(C)) is amended by striking ‘‘December 31, 2004’’ 

and inserting ‘‘December 31, 2009’’. 

SEC. 202. CABLE/SATELLITE COMPARABILITY. 

(a) AMENDMENT.—Part I of title III of the Communications Act 

of 1934 is amended by inserting after section 339 (47 U.S.C. 339) 

the following new section: 

‘‘SEC. 340. SIGNIFICANTLY VIEWED SIGNALS PERMITTED TO BE CARRIED. 

‘‘(a) SIGNIFICANTLY VIEWED STATIONS.—In addition to the 

broadcast signals that subscribers may receive under section 338 

and 339, a satellite carrier is also authorized to retransmit to a subscriber located in a community the signal of any station located outside the local market in which such subscriber is located, to the extent such signal— 

‘‘(1) has, before the date of enactment of the Satellite Home 

Viewer Extension and Reauthorization Act of 2004, been determined by the Federal Communications Commission to be a signal a cable operator may carry as significantly viewed in such 

community, except to the extent that such signal is prevented 

from being carried by a cable system in such community under 

the Commission’s network nonduplication and syndicated exclusivity rules; or 

‘‘(2) is, after such date of enactment, determined by the 

Commission to be significantly viewed in such community in 

accordance with the same standards and procedures concerning 

shares of viewing hours and audience surveys as are applicable 

under the rules, regulations, and authorizations of the Commission to determining with respect to a cable system whether signals are significantly viewed in a community. 

‘‘(b) LIMITATIONS.— 

‘‘(1) ANALOG SERVICE LIMITED TO SUBSCRIBERS TAKING

LOCAL-INTO-LOCAL SERVICE.—With respect to a signal that 

originates as an analog signal of a network station, this section 

shall apply only to retransmissions to subscribers of a satellite 

carrier who receive retransmissions of a signal that originates 

as an analog signal of a local network station from that satellite carrier pursuant to section 338. 

‘‘(2) DIGITAL SERVICE LIMITATIONS.—With respect to a signal that originates as a digital signal of a network station, this 

section shall apply only if— 

‘‘(A) the subscriber receives from the satellite carrier 

pursuant to section 338 the retransmission of the digital 

signal of a network station in the subscriber’s local market 

that is affiliated with the same television network; and 

‘‘(B) either— 

‘‘(i) the retransmission of the local network station 

occupies at least the equivalent bandwidth as the digital signal retransmitted pursuant to this section; or 

607 

‘‘(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 AF- FILIATES.—The limitations in paragraphs (1) and (2) shall not 

prohibit a retransmission under this section to a subscriber located in a local market in which there are no network stations 

affiliated with the same television network as the station whose 

signal is being retransmitted pursuant to this section. 

‘‘(4) AUTHORITY TO GRANT STATION-SPECIFIC WAIVERS.— Paragraphs (1) and (2) shall not prohibit a retransmission of 

a network station to a subscriber if and to the extent that the 

network station in the local market in which the subscriber is 

located, and that is affiliated with the same television network, 

has privately negotiated and affirmatively granted a waiver 

from the requirements of paragraph (1) and (2) to such satellite 

carrier with respect to retransmission of the significantly 

viewed station to such subscriber. 

‘‘(c) PUBLICATION AND MODIFICATIONS OF LISTS; REGULATIONS.— 

‘‘(1) IN GENERAL.—The Commission shall— 

‘‘(A) within 60 days after the date of enactment of the 

Satellite Home Viewer Extension and Reauthorization Act 

of 2004— 

‘‘(i) publish a list of the stations that are eligible 

for retransmission under subsection (a) (1) and the 

communities in which such stations are eligible for 

such retransmission; and 

‘‘(ii) commence a rulemaking proceeding to implement this section by publication of a notice of proposed 

rulemaking; 

‘‘(B) adopt rules pursuant to such rulemaking within 

one year after such date of enactment. 

‘‘(2) PUBLIC AVAILABILITY OF LIST.—The Commission shall 

make readily available to the public in electronic form, on the 

Internet website of the Commission or other comparable facility, 

a list of the stations that are eligible for retransmission under 

subsection (a) and the communities in which such stations are 

eligible for such retransmission. The Commission shall update 

such list within 10 business days after the date on which the 

Commission issues an order making any modification of such 

stations and communities. 

‘‘(3) MODIFICATIONS.—In addition to cable operators and 

television broadcast station licensees, the Commission shall permit a satellite carrier to petition for decisions and orders— 

‘‘(A) by which stations may be added to those that are 

eligible for retransmission under subsection (a), and by 

which communities may be added in which such stations 

are eligible for such retransmission; and 

‘‘(B) by which network nonduplication or syndicated exclusivity regulations are applied to the retransmission in 

accordance with subsection (e). 

‘‘(d) EFFECT ON OTHER OBLIGATIONS AND RIGHTS.— 

‘‘(1) NO EFFECT ON CARRIAGE OBLIGATIONS.—Carriage of a 

signal under this section is not mandatory, and any right of a 

608 

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 EXCLU- SIVITY.— ‘‘(1) NOT APPLICABLE EXCEPT AS PROVIDED BY COMMISSION

REGULATIONS.—Signals eligible to be carried under this section 

are not subject to the Commission’s regulations concerning network nonduplication or syndicated exclusivity unless, pursuant 

to regulations adopted by the Commission, the Commission determines to permit network nonduplication or syndicated exclusivity to apply within the appropriate zone of protection. 

‘‘(2) LIMITATION.—Nothing in this subsection or Commission regulations shall permit the application of network nonduplication or syndicated exclusivity regulations to the retransmission of distant signals of network stations that are carried 

by a satellite carrier pursuant to a statutory license under section 119(a)(2)(A) or (B) of title 17, United States Code, with respect to persons who reside in unserved households, under 

119(a)(4)(A), or under section 119(a)(12), of such title. 

‘‘(f) ENFORCEMENT.— ‘‘(1) ORDERS AND DAMAGES.—Upon complaint, the Commission shall issue a cease and desist order to any satellite carrier 

found to have violated this section in carrying any television 

broadcast station. Such order may, if a complaining station requests damages— 

‘‘(A) provide for the award of damages to a complaining station that establishes that the violation was 

committed in bad faith, in an amount up to $50 per subscriber, per station, per day of the violation; and 

‘‘(B) provide for the award of damages to a prevailing 

satellite carrier if the Commission determines that the complaint was frivolous, in an amount up to $50 per subscriber 

alleged to be in violation, per station alleged, per day of the 

alleged violation. 

‘‘(2) COMMISSION DECISION.—The Commission shall issue a 

final determination resolving a complaint brought under this 

subsection not later than 180 days after the submission of a 

complaint under this subsection. The Commission may hear 

witnesses if it clearly appears, based on written filings by the 

parties, that there is a genuine dispute about material facts. Except as provided in the preceding sentence, the Commission may 

issue a final ruling based on written filings by the parties. 

‘‘(3) REMEDIES IN ADDITION.—The remedies under this subsection are in addition to any remedies available under title 17, 

United States Code. 

‘‘(4) NO EFFECT ON COPYRIGHT PROCEEDINGS.—Any determination, action, or failure to act of the Commission under this 

subsection shall have no effect on any proceeding under title 17, 

United States Code, and shall not be introduced in evidence in 

609 

any proceeding under that title. In no instance shall a Commission enforcement proceeding under this subsection be required 

as a predicate to the pursuit of a remedy available under title 

17. 

‘‘(g) NOTICES CONCERNING SIGNIFICANTLY VIEWED STATIONS.— Each satellite carrier that proposes to commence the retransmission 

of a station pursuant to this section in any local market shall— 

‘‘(1) not less than 60 days before commencing such retransmission, provide a written notice to any television broadcast 

station in such local market of such proposal; and 

‘‘(2) designate on such carrier’s website all significantly 

viewed signals carried pursuant to section 340 and the communities in which the signals are carried. 

‘‘(h) ADDITIONAL CORRESPONDING CHANGES IN REGULATIONS.— 

‘‘(1) COMMUNITY-BY-COMMUNITY ELECTIONS.—The Commission shall, no later than October 30, 2005, revise section 76.66 

of its regulations (47 CFR 76.66), concerning satellite broadcast 

signal carriage, to permit (at the next cycle of elections under 

section 325) a television broadcast station that is located in a 

local market into which a satellite carrier retransmits a television broadcast station pursuant to section 338, to elect, with 

respect to such satellite carrier, between retransmission consent 

pursuant to such section 325 and mandatory carriage pursuant 

to section 338 separately for each county within such station’s 

local market, if— 

‘‘(A) the satellite carrier has notified the station, pursuant to paragraph (3), that it intends to carry another affiliate of the same network pursuant to this section during the 

relevant election period in the station’s local market; or 

‘‘(B) on the date notification under paragraph (3) was 

due, the satellite carrier was retransmitting into the station’s local market pursuant to this section an affiliate of 

the same television network. 

‘‘(2) UNIFIED NEGOTIATIONS.—In revising its regulations as 

required by paragraph (1), the Commission shall provide that 

any such station shall conduct a unified negotiation for the entire portion of its local market for which retransmission consent 

is elected. 

‘‘(3) ADDITIONAL PROVISIONS.—The Commission shall, no 

later than October 30, 2005, revise its regulations to provide the 

following: 

‘‘(A) NOTIFICATIONS BY SATELLITE CARRIER.—A satellite 

carrier’s retransmission of television broadcast stations 

pursuant to this section shall be subject to the following 

limitations: 

‘‘(i) In any local market in which the satellite carrier provides service pursuant to section 338 on the 

date of enactment of the Satellite Home Viewer Extension and Reauthorization Act of 2004, the carrier may 

notify a television broadcast station in that market, at 

least 60 days prior to any date on which the station 

must thereafter make an election under section 76.66 of 

the Commission’s regulations (47 CFR 76.66), of— 

‘‘(I) each affiliate of the same television network that the carrier reserves the right to reVerDate Aug 04 2004 07:33 Dec 01, 2004 Jkt 096906 PO 00000 Frm 00613 Fmt 6659 Sfmt 6603 E:\HR\OC\HR792.XXX HR792
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transmit into that station’s local market pursuant 

to this section during the next election cycle under 

such section of such regulations; and 

‘‘(II) for each such affiliate, the communities 

into which the satellite carrier reserves the right to 

make such retransmissions. 

‘‘(ii) In any local market in which the satellite carrier commences service pursuant to section 338 after 

the date of enactment of the Satellite Home Viewer Extension and Reauthorization Act of 2004, the carrier 

may notify a station in that market, at least 60 days 

prior to the introduction of such service in that market, 

and thereafter at least 60 days prior to any date on 

which the station must thereafter make an election 

under section 76.66 of the Commission’s regulations 

(47 CFR 76.66), of each affiliate of the same television 

network that the carrier reserves the right to retransmit 

into that station’s local market during the next election 

cycle under such section of such regulations. 

‘‘(iii) Beginning with the 2005 election cycle, a satellite carrier may only retransmit pursuant to this section during the pertinent election period a signal— 

‘‘(I) as to which it has provided the notifications set forth in clauses (i) and (ii); or 

‘‘(II) that it was retransmitting into the local 

market under this section as of the date such notifications were due. 

‘‘(B) HARMONIZATION OF ELECTIONS AND RETRANSMISSION CONSENT AGREEMENTS.—If a satellite carrier notifies a television broadcast station that it reserves the right 

to retransmit an affiliate of the same television network 

during the next election cycle pursuant to this section, the 

station may choose between retransmission consent and 

mandatory carriage for any portion of the 3-year election 

cycle that is not covered by an existing retransmission consent agreement. 

‘‘(i) DEFINITIONS.—As used in this section: 

‘‘(1) LOCAL MARKET; SATELLITE CARRIER; SUBSCRIBER; TELEVISION BROADCAST STATION.—The terms ‘local market’, ‘satellite 

carrier’, ‘subscriber’, and ‘television broadcast station’ have the 

meanings given such terms in section 338(k). 

‘‘(2) NETWORK STATION; TELEVISION NETWORK.—The terms 

‘network station’ and ‘television network’ have the meanings 

given such terms in section 339(d). 

‘‘(3) COMMUNITY.—The term ‘community’ means— 

‘‘(A) a county or a cable community, as determined 

under the rules, regulations, and authorizations of the 

Commission applicable to determining with respect to a 

cable system whether signals are significantly viewed; or 

‘‘(B) a satellite community, as determined under such 

rules, regulations, and authorizations (or revisions thereof) 

as the Commission may prescribe in implementing the requirements of this section. 

611 

‘‘(4) BANDWIDTH.—The terms ‘equivalent bandwidth’ and 

‘entire bandwidth’ shall be defined by the Commission by regulation, except that this paragraph shall not be construed— 

‘‘(A) to prevent a satellite operator from using compression technology; 

‘‘(B) to require a satellite operator to use the identical 

bandwidth or bit rate as the local or distant broadcaster 

whose signal it is retransmitting; 

‘‘(C) to require a satellite operator to use the identical 

bandwidth or bit rate for a local network station as it does 

for a distant network station; 

‘‘(D) to affect a satellite operator’s obligations under 

subsection (a)(1); or 

‘‘(E) to affect the definitions of ‘program related’ and 

‘primary video’.’’. 

SEC. 203. CARRIAGE OF LOCAL STATIONS ON A SINGLE DISH. 

(a) AMENDMENTS.—Section 338 of the Communications Act of 

1934 (47 U.S.C. 338(d)) is amended— 

(1) by redesignating subsections (g) and (h) as subsections 

(j) and (k), respectively; and 

(2) by inserting after subsection (f) the following new subsection: 

‘‘(g) CARRIAGE OF LOCAL STATIONS ON A SINGLE DISH.— 

‘‘(1) SINGLE DISH.—Each satellite carrier that retransmits 

the analog signals of local television broadcast stations in a 

local market shall retransmit such analog signals in such market by means of a single reception antenna and associated 

equipment. 

‘‘(2) EXCEPTION.—If the carrier retransmits signals in the 

digital television service, the carrier shall retransmit such digital signals in such market by means of a single reception antenna and associated equipment, but such antenna and associated equipment may be separate from the single reception antenna and associated equipment used for analog television service signals. 

‘‘(3) EFFECTIVE DATE.—The requirements of paragraphs (1) 

and (2) of this subsection shall apply on and after 18 months 

after the date of enactment of the Satellite Home Viewer Extension and Reauthorization Act of 2004. 

‘‘(4) NOTICE OF DISRUPTIONS.—A carrier that is providing 

signals of a local television broadcast station in a local market 

under this section on the date of enactment of the Satellite 

Home Viewer Extension and Reauthorization Act of 2004 shall, 

not later than 15 months after such date of enactment, provide 

to the licensees for such stations and the carrier’s subscribers in 

such local market a notice that displays prominently and conspicuously a clear statement of— 

‘‘(A) any reallocation of signals between different reception antennas and associated equipment that the carrier intends to make in order to comply with the requirements of 

this subsection; 

‘‘(B) the need, if any, for subscribers to obtain an additional reception antenna and associated equipment to receive such signals; and 

612 

‘‘(C) any cessation of carriage or other material change 

in the carriage of signals as a consequence of the requirements of this paragraph.’’. 

(b) CONFORMING AMENDMENTS: COMMISSION ENFORCEMENT OF

SECTION; LOW POWER TELEVISION STATIONS.— (1) Section 338(a) of such Act is amended by striking paragraphs (1) and (2) and inserting the following: 

‘‘(1) IN GENERAL.—Each satellite carrier providing, under 

section 122 of title 17, United States Code, secondary transmissions to subscribers located within the local market of a television broadcast station of a primary transmission made by 

that station shall carry upon request the signals of all television 

broadcast stations located within that local market, subject to 

section 325(b). 

‘‘(2) REMEDIES FOR FAILURE TO CARRY.—In addition to the 

remedies available to television broadcast stations under section 

501(f) of title 17, United States Code, the Commission may use 

the Commission’s authority under this Act to assure compliance 

with the obligations of this subsection, but in no instance shall 

a Commission enforcement proceeding be required as a predicate to the pursuit of a remedy available under such section 

501(f). 

‘‘(3) LOW POWER STATION CARRIAGE OPTIONAL.—No low 

power television station whose signals are provided under section 119(a)(14) of title 17, United States Code, shall be entitled 

to insist on carriage under this section, regardless of whether 

the satellite carrier provides secondary transmissions of the primary transmissions of other stations in the same local market 

pursuant to section 122 of such title, nor shall any such carriage be considered in connection with the requirements of subsection (c) of this section.’’. 

(2) Section 338(c)(1) of such Act is amended by striking 

‘‘subsection (a)’’ and inserting ‘‘subsection (a)(1)’’. 

(3) Section 338(k) of such Act (as redesignated by subsection (a)(1)) is amended— 

(A) by redesignating paragraphs (4) through (7) as 

paragraphs (5) through (8), respectively; and 

(B) by inserting after paragraph (3) the following new 

paragraph: 

‘‘(4) LOW POWER TELEVISION STATION.—The term ‘low power 

television station’ means a low power television station as defined under section 74.701(f) of title 47, Code of Federal Regulations, as in effect on June 1, 2004. For purposes of this paragraph, the term ‘low power television station’ includes a low 

power television station that has been accorded primary status 

as a Class A television licensee under section 73.6001(a) of title 

47, Code of Federal Regulations.’’. 

SEC. 204. REPLACEMENT OF DISTANT SIGNALS WITH LOCAL SIGNALS. 

(a) REPLACEMENT.—Section 339(a) of the Communications Act 

of 1934 (47 U.S.C. 339(a)) is amended— 

(1) in paragraph (1), by adding at the end the following 

new sentence: ‘‘Such two network stations may be comprised of 

both the analog signal and digital signal of not more than two 

network stations.’’; 

(2) by redesignating paragraph (2) as paragraph (3); 

613 

(3) by inserting after paragraph (1) the following new paragraph: 

‘‘(2) REPLACEMENT OF DISTANT SIGNALS WITH LOCAL SIG- NALS.—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 ANA- LOG SIGNALS.— ‘‘(i) FOR THOSE RECEIVING DISTANT 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 solely by reason of section 119(e) of title 17, 

United States Code (in this subparagraph referred to 

as a ‘distant analog signal’), and who, as of October 1, 

2004, is receiving the distant analog signal of that network station, the following shall apply: 

‘‘(I) In a case in which the satellite carrier 

makes available to the subscriber the analog signal 

of a local network station affiliated with the same 

television network pursuant to section 338, the carrier may only provide the secondary transmissions 

of the distant analog signal of a station affiliated 

with the same network to that subscriber— 

‘‘(aa) if, within 60 days after receiving the 

notice of the satellite carrier under section 

338(h)(1) of this Act, the subscriber elects to 

retain the distant analog signal; but 

‘‘(bb) only until such time as the subscriber elects to receive such local analog signal. 

‘‘(II) Notwithstanding subclause (I), the carrier 

may not retransmit the distant analog signal to 

any subscriber who is eligible to receive the analog 

signal of a network station solely by reason of section 119(e) of title 17, United States Code, unless 

such carrier, within 60 days after the date of the 

enactment of the Satellite Home Viewer Extension 

and Reauthorization Act of 2004, submits to that 

television network the list and statement required 

by subparagraph (F)(i). 

‘‘(ii) FOR THOSE NOT RECEIVING DISTANT ANALOG

SIGNALS.—In the case of any subscriber of a satellite 

carrier who is eligible to receive the distant analog signal of a network station solely by reason of section 

119(e) of title 17, United States Code, and who did not 

receive a distant analog signal of a station affiliated 

with the same network on October 1, 2004, the carrier 

may not provide the secondary transmissions of the 

distant analog signal of a station affiliated with the 

same network to that subscriber. 

‘‘(B) RULES FOR OTHER SUBSCRIBERS TO ANALOG 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 

614 

‘distant analog signal’), other than subscribers to whom 

subparagraph (A) applies, the following shall apply: 

‘‘(i) In a case in which the satellite carrier makes 

available to that subscriber, on January 1, 2005, the 

analog signal of a local network station affiliated with 

the same television network pursuant to section 338, 

the carrier may only provide the secondary transmissions of the distant analog signal of a station affiliate with the same network to that subscriber if the 

subscriber’s satellite carrier, not later than March 1, 

2005, submits to that television network the list and 

statement required by subparagraph (F)(i). 

‘‘(ii) In a case in which the satellite carrier does 

not make available to that subscriber, on January 1, 

2005, the analog signal of a local network station pursuant to section 338, the carrier may only provide the 

secondary transmissions of the distant analog signal of 

a station affiliated with the same network to that subscriber if— 

‘‘(I) that subscriber seeks to subscribe to such 

distant analog signal before the date on which 

such carrier commences to carry pursuant to section 338 the analog signals of stations from the 

local market of such local network station; and 

‘‘(II) the satellite carrier, within 60 days after 

such date, submits to each television network the 

list and statement required by subparagraph 

(F)(ii). 

‘‘(C) FUTURE APPLICABILITY.—A satellite carrier may 

not provide a distant analog signal (within the meaning of 

subparagraph (A) or (B)) to a person who— 

‘‘(i) is not a subscriber lawfully receiving such secondary transmission as of the date of the enactment of 

the Satellite Home Viewer Extension and Reauthorization Act of 2004; and 

‘‘(ii) at the time such person seeks to subscribe to 

receive such secondary transmission, resides in a local 

market where the satellite carrier makes available to 

that person the analog signal of a local network station 

affiliated with the same television network pursuant to 

section 338, and the retransmission of such signal by 

such carrier can reach such subscriber. 

‘‘(D) SPECIAL RULES FOR DISTANT DIGITAL SIGNALS.— 

‘‘(i) ELIGIBILITY.—In the case of a subscriber of a 

satellite carrier who, with respect to a local network 

station— 

‘‘(I) is a subscriber whose household is located 

outside the coverage area of the analog signal of 

such station as predicted by the model specified in 

subsection (c)(3) of this section for the signal intensity required under section 73.683(a) of title 47 of 

the Code of Federal Regulations, or a successor 

regulation; 

615 

‘‘(II) is in an unserved household as determined under section 119(d)(1)(A) of title 17, United 

States Code; or 

‘‘(III) is, after the date on which the conditions 

required by clause (vii) are met with respect to 

such station, determined under clause (vi) of this 

subparagraph to be unable to receive a digital signal of such local network station that exceeds the 

signal intensity standard specified in such clause; 

such subscriber is eligible to receive the digital signal 

of a distant network station affiliated with the same 

network under this section (in this subparagraph referred to as a ‘distant digital signal’) subject to the provisions of this subparagraph. 

‘‘(ii) PRE-ENACTMENT DISTANT DIGITAL SIGNAL SUBSCRIBERS.—Any eligible subscriber under this subparagraph who is a lawful subscriber to such a distant digital signal as of the date of enactment of the Satellite 

Home Viewer Extension and Reauthorization Act of 

2004 may continue to receive such distant digital signal, whether or not such subscriber elects to subscribe 

to local digital signals. 

‘‘(iii) LOCAL-TO-LOCAL ANALOG MARKETS.—In a 

case in which the satellite carrier makes available to 

an eligible subscriber under this subparagraph the 

analog signal of a local network station pursuant to 

section 338, the carrier may only provide the distant 

digital signal of a station affiliated with the same network to that subscriber if— 

‘‘(I) in the case of any local market in the 48 

contiguous States of the United States, the distant 

digital signal is the secondary transmission of a 

station whose prime time network programming is 

generally broadcast simultaneously with, or later 

than, the prime time network programming of the 

affiliate of the same network in the local market; 

‘‘(II) in any local market, the retransmission of 

the distant digital signal of the distant station occupies at least the equivalent bandwidth (as such 

term is defined by the Commission under section 

340(h)(4)) as the digital signal broadcast by such 

station; and 

‘‘(III) the subscriber subscribes to the analog 

signal of such local network station within 60 days 

after such signal is made available by the satellite 

carrier, and adds to or replaces such analog signal 

with the digital signal from such local network 

station within 60 days after such signal is made 

available by the satellite carrier, except that such 

distant digital signal may continue to be provided 

to a subscriber who cannot be reached by the satellite transmission of the local digital signal. 

‘‘(iv) LOCAL-TO-LOCAL DIGITAL MARKETS.—After the 

date on which a satellite carrier makes available the 

digital signal of a local network station, the carrier 

616 

may not offer the distant digital signal of a network 

station affiliated with the same television network to 

any new subscriber to such distant digital signal after 

such date, except that such distant digital signal may 

be provided to a new subscriber who cannot be reached 

by the satellite transmission of the local digital signal. 

‘‘(v) NON-LOCAL-TO-LOCAL MARKETS.—After the 

date of enactment of the Satellite Home Viewer Extension and Reauthorization Act of 2004, if the satellite 

carrier does not make available the digital signal of a 

local network station in a local market, the satellite 

carrier may offer a new subscriber after such date who 

is eligible under this subparagraph a distant digital 

signal from a station affiliated with the same network 

and, in the case of any local market in the 48 contiguous States of the United States, whose prime time network programming is generally broadcast simultaneously with, or later than, the prime time network 

programming of the affiliate of the same network in the 

local market, except that— 

‘‘(I) such carrier may continue to provide such 

distant digital signal to such a subscriber after the 

date on which the carrier makes available the digital signal of a local network station affiliated with 

such network only if such subscriber subscribes to 

the digital signal from such local network station; 

and 

‘‘(II) the limitation contained in subclause (I) 

of this clause shall not apply to a subscriber that 

cannot be reached by the satellite transmission of 

the local digital signal. 

‘‘(vi) SIGNAL TESTING FOR DIGITAL SIGNALS.— 

‘‘(I) A subscriber shall be eligible for a distant 

digital signal under clause (i)(III) if such subscriber is determined, based on a test conducted in 

accordance with section 73.686(d) of title 47, Code 

of Federal Regulations, or any successor regulation, not to be able to receive a signal that exceeds 

the signal intensity standard in section 

73.622(e)(1) of title 47, Code of Federal Regulations, as in effect on the date of enactment of the 

Satellite Home Viewer Extension and Reauthorization Act of 2004. 

‘‘(II) Such test shall be conducted, upon written request for a digital signal strength test by the 

subscriber to the satellite carrier, within 30 days 

after the date the subscriber submits such request 

for the test. Such test shall be conducted by a 

qualified and independent person selected by the 

satellite carrier and the network station or stations, or who has been previously approved by the 

satellite carrier and by each affected network station but not previously disapproved. A tester may 

not be so disapproved for a test after the tester has 

commenced such test. 

617 

‘‘(III) Unless the satellite carrier and the network station or stations otherwise agree, the costs 

of conducting the test shall be borne as follows: 

‘‘(aa) If the subscriber is not eligible for a 

distant digital signal under clause (i)(I) of this 

subparagraph (by reason of being outside of 

the coverage area of the analog signal), the 

satellite carrier may request the station licensee for a waiver. 

‘‘(bb) If the licensee agrees to a waiver, or 

fails to respond to a waiver request within 30 

days, the subscriber may receive such distant 

digital signal. 

‘‘(cc) If the licensee refuses to grant a 

waiver, the subscriber may request the satellite 

carrier to conduct the test. 

‘‘(dd) If the satellite carrier requests the 

test and— 

‘‘(AA) the station’s signal is determined to exceed such signal intensity standard, the costs of the test shall be borne by the satellite 

carrier; 

‘‘(BB) the station’s signal is determined to not exceed such signal intensity standard, the costs of the test shall be borne by the licensee. 

‘‘(ee) If the satellite carrier does not request the test, or fails to respond within 30 

days, the subscriber may request the test be 

conducted under the supervision of the carrier, 

and the costs of the test shall be borne by the 

subscriber in accordance with regulations prescribed by the Commission. Such regulations 

shall also require the carrier to notify the subscriber of the typical costs of such test. 

‘‘(vii) TRIGGER EVENTS FOR USE OF TESTING.—A 

subscriber shall not be eligible for a distant digital signal under clause (i)(III) pursuant to a test conducted 

under clause (vii) until— 

‘‘(I) in the case of a subscriber whose household is located within the area predicted to be 

served (by the predictive model for analog signals 

under subsection (b)(3) of this section) by the signal of a local network station and who is seeking 

a distant digital signal of a station affiliated with 

the same network as that local network station— 

‘‘(aa) April 30, 2006, if such local network 

station is within the top 100 television markets 

and— 

‘‘(AA) has received a tentative digital television service channel 

designation that is the same as such station’s current digital television service channel; or 

‘‘(BB) has been found by the Commission to have lost interference protection; or 

‘‘(bb) July 15, 2007, for any other local 

network stations, other than translator stations licensed to broadcast on the date of enVerDate Aug 04 2004 07:33 Dec 01, 2004 Jkt 096906 PO 00000 Frm 00621 Fmt 6659 Sfmt 6603 E:\HR\OC\HR792.XXX HR792
618 

actment of the Satellite Home Viewer Extension and Reauthorization Act of 2004; or 

‘‘(II) in the case of a translator station, one 

year after the date on which the Commission completes all actions necessary for the allocation and 

assignment of digital television licenses to television translator stations. 

‘‘(viii) TESTING WAIVERS.—Upon request by a local 

network station, the Commission may grant a waiver 

with respect to such station to the beginning of testing 

under clause (vii), and prohibit subscribers from receiving digital signal strength testing with respect to such 

station. Such a request shall be filed not less than 5 

months prior to the implementation deadline specified 

in such clause, and the Commission shall act on such 

request by such implementation deadline. Such a waiver shall expire at the end of not more than 6 months, 

except that a waiver may be renewed upon a proper 

showing. The Commission may only grant such a request upon submission of clear and convincing evidence that the station’s digital signal coverage is limited due to the unremediable presence of one or more 

of the following: 

‘‘(I) the need for international coordination or 

approvals; 

‘‘(II) clear zoning or environmental legal impediments; 

‘‘(III) force majeure; 

‘‘(IV) the station experiences a substantial decrease in its digital signal coverage area due to necessity of using side-mounted antenna; 

‘‘(V) substantial technical problems that result 

in a station experiencing a substantial decrease in 

its coverage area solely due to actions to avoid interference with emergency response providers; or 

‘‘(VI) no satellite carrier is providing the retransmission of the analog signals of local network 

stations under section 338 in the local market. 

Under no circumstances may such a waiver be based 

upon financial exigency. 

‘‘(ix) SPECIAL WAIVER PROVISION FOR TRANSLATORS.—Upon request by a television translator station, the Commission may grant, for not more than 3 

years, a waiver with respect to such station to the beginning of testing under clause (vii), and prohibit subscribers from receiving digital signal strength testing 

with respect to such station, if the Commission determines that the translator station is not broadcasting a 

digital signal due to one or more of the following: 

‘‘(I) frequent occurrence of inclement weather; 

or 

‘‘(II) mountainous terrain at the transmitter 

tower location. 

619 

‘‘(x) SAVINGS PROVISION.—Nothing in this subparagraph shall be construed to affect a satellite carrier’s 

obligations under section 338. 

‘‘(xi) DEFINITION.—For purposes of clause (viii), the 

term ‘emergency response providers’ means Federal, 

State, or local governmental and nongovernmental 

emergency public safety, law enforcement, fire, emergency response, emergency medical (including hospital 

emergency facilities), and related personnel, organizations, agencies, or authorities. 

‘‘(E) AUTHORITY TO GRANT STATION-SPECIFIC WAIVERS.—This paragraph shall not prohibit a retransmission 

of a distant analog signal or distant digital signal (within 

the meaning of subparagraph (A), (B), or (D)) of any distant network station to any subscriber to whom the signal 

of a local network station affiliated with the same network 

is available, if and to the extent that such local network 

station has affirmatively granted a waiver from the requirements of this paragraph to such satellite carrier with 

respect to retransmission of such distant network station to 

such subscriber. 

‘‘(F) NOTICES TO NETWORKS OF DISTANT SIGNAL SUBSCRIBERS.— 

‘‘(i) Within 60 days after the date of enactment of 

the Satellite Home Viewer Extension and Reauthorization Act of 2004, each satellite carrier that provides a 

distant signal of a network station to a subscriber pursuant to subparagraph (A) or (B)(i) of this paragraph 

shall submit to each network— 

‘‘(I) a list, aggregated by designated market 

area, identifying each subscriber provided such a 

signal by— 

‘‘(aa) name; 

‘‘(bb) address (street or rural route number, city, State, and zip code); and 

‘‘(cc) the distant network signal or signals 

received; and 

‘‘(II) a statement that, to the best of the carrier’s knowledge and belief after having made diligent and good faith inquiries, the subscriber is 

qualified under the existing law to receive the distant network signal or signals pursuant to subparagraph (A) or (B)(i) of this paragraph. 

‘‘(ii) Within 60 days after the date a satellite carrier commences to carry pursuant to section 338 the 

signals of stations from a local market, such a satellite 

carrier that provides a distant signal of a network station to a subscriber pursuant to subparagraph (B)(ii) of 

this paragraph shall submit to each network— 

‘‘(I) a list identifying each subscriber in that 

local market provided such a signal by— 

‘‘(aa) name; 

‘‘(bb) address (street or rural route number, city, State, and zip code); and 

620 

‘‘(cc) the distant network signal or signals 

received; and 

‘‘(II) a statement that, to the best of the carrier’s knowledge and belief after having made diligent and good faith inquiries, the subscriber is 

qualified under the existing law to receive the distant network signal or signals pursuant to subparagraph (B)(ii) of this paragraph. 

‘‘(G) OTHER PROVISIONS NOT AFFECTED.—This paragraph shall not affect the eligibility of a subscriber to receive secondary transmissions under section 340 of this Act 

or as an unserved household included under section 

119(a)(12) of title 17, United States Code. 

‘‘(H) AVAILABLE DEFINED.—For purposes of this paragraph, a satellite carrier makes available a local signal to 

a subscriber or person if the satellite carrier offers that 

local signal to other subscribers who reside in the same zip 

code as that subscriber or person.’’; and 

(4) in paragraph (3) (as redesignated by paragraph (2) of 

this subsection), by adding at the end the following: ‘‘, except 

that paragraph (2)(D) of this subsection, relating to the provision of distant digital signals, shall be enforceable under the 

provisions of section 340(f)’’. 

(b) STUDY OF DIGITAL STRENGTH TESTING PROCEDURES.—Section 339(c) of such Act (47 U.S.C. 339(c)) is amended by striking 

paragraph (1) and inserting the following: 

‘‘(1) STUDY OF DIGITAL STRENGTH TESTING PROCEDURES.— ‘‘(A) STUDY REQUIRED.—Not later than one year after 

the date of the enactment of the Satellite Home Viewer Extension and Reauthorization Act of 2004, the Federal Communications Commission shall complete an inquiry regarding whether, for purposes of identifying if a household is 

unserved by an adequate digital signal under section 

119(d)(10) of title 17, United States Code, the digital signal 

strength standard in section 73.622(e)(1) of title 47, Code of 

Federal Regulations, or the testing procedures in section 

73.686(d) of title 47, Code of Federal Regulations, such 

statutes or regulations should be revised to take into account the types of antennas that are available to consumers. 

‘‘(B) STUDY CONSIDERATIONS.—In conducting the study 

under this paragraph, the Commission shall consider 

whether— 

‘‘(i) to account for the fact that an antenna can be 

mounted on a roof or placed in a home and can be 

fixed or capable of rotating; 

‘‘(ii) section 73.686(d) of title 47, Code of Federal 

Regulations, should be amended to create different procedures for determining if the requisite digital signal 

strength is present than for determining if the requisite 

analog signal strength is present; 

‘‘(iii) a standard should be used other than the 

presence of a signal of a certain strength to ensure that 

a household can receive a high-quality picture using 

antennas of reasonable cost and ease of installation; 

621 

‘‘(iv) to develop a predictive methodology for determining whether a household is unserved by an adequate digital signal under section 119(d)(10) of title 17, 

United States Code; 

‘‘(v) there is a wide variation in the ability of reasonably priced consumer digital television sets to receive over-the-air signals, such that at a given signal 

strength some may be able to display high-quality pictures while others cannot, whether such variation is related to the price of the television set, and whether such 

variation should be factored into setting a standard for 

determining whether a household is unserved by an 

adequate digital signal; and 

‘‘(vi) to account for factors such as building loss, 

external interference sources, or undesired signals from 

both digital television and analog television stations 

using either the same or adjacent channels in nearby 

markets, foliage, and man-made clutter. 

‘‘(C) REPORT.—Not later than one year after the date of 

the enactment of the Satellite Home Viewer Extension and 

Reauthorization Act of 2004, the Federal Communications 

Commission shall submit to the Committee on Energy and 

Commerce of the House of Representatives and the Committee on Commerce, Science, and Transportation of the 

Senate a report containing— 

‘‘(i) the results of the study under this paragraph; 

and 

‘‘(ii) recommendations, if any, as to what changes 

should be made to Federal statutes or regulations.’’. 

SEC. 205. ADDITIONAL NOTICES TO SUBSCRIBERS, NETWORKS, AND 

STATIONS CONCERNING SIGNAL CARRIAGE. 

Section 338 of the Communications Act of 1934 (47 U.S.C. 338) 

is further amended by inserting after subsection (g) (as added by 

section 203) the following new subsection: 

‘‘(h) ADDITIONAL NOTICES TO SUBSCRIBERS, NETWORKS, AND

STATIONS CONCERNING SIGNAL CARRIAGE.— 

‘‘(1) NOTICES TO AND ELECTIONS BY SUBSCRIBERS CONCERNING GRANDFATHERED SIGNALS.—Any carrier that provides 

a distant signal of a network station to a subscriber pursuant 

section 339(a)(2)(A) shall— 

‘‘(A) within 60 days after the local signal of a network 

station of the same television network is available pursuant 

to section 338, or within 60 days after the date of enactment of the Satellite Home Viewer Extension and Reauthorization Act of 2004, whichever is later, send a notice to the 

subscriber— 

‘‘(i) offering to substitute the local network signal 

for the duplicating distant network signal; and 

‘‘(ii) informing the subscriber that, if the subscriber 

fails to respond in 60 days, the subscriber will lose the 

distant network signal but will be permitted to subscribe to the local network signal; and 

‘‘(B) if the subscriber— 

‘‘(i) elects to substitute such local network signal 

within such 60 days, switch such subscriber to such 

622 

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 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 

623 

identification of the types of persons to whom the disclosure 

may be made; 

‘‘(C) the period during which such information will be 

maintained by the satellite carrier; 

‘‘(D) the times and place at which the subscriber may 

have access to such information in accordance with paragraph (5); and 

‘‘(E) the limitations provided by this section with respect to the collection and disclosure of information by a 

satellite carrier and the right of the subscriber under paragraphs (7) and (9) to enforce such limitations. 

In the case of subscribers who have entered into such an agreement before the effective date of this subsection, such notice 

shall be provided within 180 days of such date and at least 

once a year thereafter. 

‘‘(2) DEFINITIONS.—For purposes of this subsection, other 

than paragraph (9)— 

‘‘(A) the term ‘personally identifiable information’ does 

not include any record of aggregate data which does not 

identify particular persons; 

‘‘(B) the term ‘other service’ includes any wire or radio 

communications service provided using any of the facilities 

of a satellite carrier that are used in the provision of satellite service; and 

‘‘(C) the term ‘satellite carrier’ includes, in addition to 

persons within the definition of satellite carrier, any person 

who— 

‘‘(i) is owned or controlled by, or under common 

ownership or control with, a satellite carrier; and 

‘‘(ii) provides any wire or radio communications 

service. 

‘‘(3) PROHIBITIONS.— 

‘‘(A) CONSENT TO COLLECTION.—Except as provided in 

subparagraph (B), a satellite carrier shall not use any facilities used by the satellite carrier to collect personally 

identifiable information concerning any subscriber without 

the prior written or electronic consent of the subscriber concerned. 

‘‘(B) EXCEPTIONS.—A satellite carrier may use such facilities to collect such information in order to— 

‘‘(i) obtain information necessary to render a satellite service or other service provided by the satellite 

carrier to the subscriber; or 

‘‘(ii) detect unauthorized reception of satellite communications. 

‘‘(4) DISCLOSURE.— 

‘‘(A) CONSENT TO DISCLOSURE.—Except as provided in 

subparagraph (B), a satellite carrier shall not disclose personally identifiable information concerning any subscriber 

without the prior written or electronic consent of the subscriber concerned and shall take such actions as are necessary to prevent unauthorized access to such information 

by a person other than the subscriber or satellite carrier. 

‘‘(B) EXCEPTIONS.—A satellite carrier may disclose such 

information if the disclosure is— 

624 

‘‘(i) necessary to render, or conduct a legitimate 

business activity related to, a satellite service or other 

service provided by the satellite carrier to the subscriber; 

‘‘(ii) subject to paragraph (9), made pursuant to a 

court order authorizing such disclosure, if the subscriber is notified of such order by the person to whom 

the order is directed; 

‘‘(iii) a disclosure of the names and addresses of 

subscribers to any satellite service or other service, if— 

‘‘(I) the satellite carrier has provided the subscriber the opportunity to prohibit or limit such 

disclosure; and 

‘‘(II) the disclosure does not reveal, directly or 

indirectly, the— 

‘‘(aa) extent of any viewing or other use by 

the subscriber of a satellite service or other 

service provided by the satellite carrier; or 

‘‘(bb) the nature of any transaction made 

by the subscriber over any facilities used by 

the satellite carrier; or 

‘‘(iv) to a government entity as authorized under 

chapters 119, 121, or 206 of title 18, United States 

Code, except that such disclosure shall not include 

records revealing satellite subscriber selection of video 

programming from a satellite carrier. 

‘‘(5) ACCESS BY SUBSCRIBER.—A satellite subscriber shall be 

provided access to all personally identifiable information regarding that subscriber which is collected and maintained by 

a satellite carrier. Such information shall be made available to 

the subscriber at reasonable times and at a convenient place 

designated by such satellite carrier. A satellite subscriber shall 

be provided reasonable opportunity to correct any error in such 

information. 

‘‘(6) DESTRUCTION OF INFORMATION.—A satellite carrier 

shall destroy personally identifiable information if the information is no longer necessary for the purpose for which it was collected and there are no pending requests or orders for access to 

such information under paragraph (5) or pursuant to a court 

order. 

‘‘(7) PENALTIES.—Any person aggrieved by any act of a satellite carrier in violation of this section may bring a civil action 

in a United States district court. The court may award— 

‘‘(A) actual damages but not less than liquidated damages computed at the rate of $100 a day for each day of violation or $1,000, whichever is higher; 

‘‘(B) punitive damages; and 

‘‘(C) reasonable attorneys’ fees and other litigation costs 

reasonably incurred. 

The remedy provided by this subsection shall be in addition to 

any other lawful remedy available to a satellite subscriber. 

‘‘(8) RULE OF CONSTRUCTION.—Nothing in this title shall be 

construed to prohibit any State from enacting or enforcing laws 

consistent with this section for the protection of subscriber privacy. 

625 

‘‘(9) COURT ORDERS.—Except as provided in paragraph 

(4)(B)(iv), a governmental entity may obtain personally identifiable information concerning a satellite subscriber pursuant to a 

court order only if, in the court proceeding relevant to such 

court order— 

‘‘(A) such entity offers clear and convincing evidence 

that the subject of the information is reasonably suspected 

of engaging in criminal activity and that the information 

sought would be material evidence in the case; and 

‘‘(B) the subject of the information is afforded the opportunity to appear and contest such entity’s claim.’’. 

(b) EFFECTIVE DATE.—Section 338(i) of the Communications 

Act of 1934 (47 U.S.C. 338(i)) as amended by subsection (a) of this 

section shall be effective 60 days after the date of enactment of this 

Act. 

SEC. 207. RECIPROCAL BARGAINING OBLIGATIONS. 

(a) AMENDMENTS.—Section 325(b)(3)(C) of the Communications 

Act of 1934 (47 U.S.C. 325(b)(3)(C)) is amended— 

(1) by striking ‘‘Within 45 days’’ and all that follows 

through ‘‘1999, the’’ and inserting ‘‘The’’; 

(2) by striking the second sentence; 

(3) by striking ‘‘and’’ at the end of clause (i); 

(4) in clause (ii)— 

(A) by striking ‘‘January 1, 2006’’ and inserting ‘‘January 1, 2010’’; and 

(B) by striking the period at the end and inserting ‘‘; 

and’’; and 

(5) by adding at the end the following new clauses: 

‘‘(iii) until January 1, 2010, prohibit a multichannel video programming distributor from failing to 

negotiate in good faith for retransmission consent 

under this section, and it shall not be a failure to negotiate in good faith if the distributor enters into retransmission consent agreements containing different terms 

and conditions, including price terms, with different 

broadcast stations if such different terms and conditions are based on competitive marketplace considerations.’’. 

(b) DEADLINE.—The Federal Communications Commission 

shall prescribe regulations to implement the amendments made by 

subsection (a)(5) within 180 days after the date of enactment of this 

Act. 

SEC. 208. STUDY OF IMPACT ON CABLE TELEVISION SERVICE. 

(a) STUDY REQUIRED.—No later than 9 months after the date 

of enactment of the Satellite Home Viewer Extension and Reauthorization Act of 2004, the Federal Communications Commission shall 

complete an inquiry regarding the impact on competition in the 

multichannel video programming distribution market of the current 

retransmission consent, network nonduplication, syndicated exclusivity, and sports blackout rules, including the impact of those rules 

on the ability of rural cable operators to compete with direct broadcast satellite industry in the provision of digital broadcast television 

signals to consumers. Such report shall include such recommendaVerDate Aug 04 2004 07:33 Dec 01, 2004 Jkt 096906 PO 00000 Frm 00629 Fmt 6659 Sfmt 6603 E:\HR\OC\HR792.XXX HR792
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tions for changes in any statutory provisions relating to such rules 

as the Commission deems appropriate. 

(b) REPORT REQUIRED.—The Federal Communications Commission shall submit a report on the results of the inquiry required by 

subsection (a) to the Committee on Energy and Commerce of the 

House of Representatives and the Committee on Commerce, Science, 

and Transportation of the Senate not later than 9 months after the 

date of the enactment of this Act. 

SEC. 209. REDUCTION OF REQUIRED TESTS. 

Section 339(c)(4) of the Communications Act of 1934 (47 U.S.C. 

339(c)(4)) is amended by inserting after subparagraph (C) the following new subparagraphs: 

‘‘(D) REDUCTION OF VERIFICATION BURDENS.—Within 

one year after the date of enactment of the Satellite Home 

Viewer Extension and Reauthorization Act of 2004, the 

Commission shall by rule exempt from the verification requirements of subparagraph (A) any request for a test made 

by a subscriber to a satellite carrier to whom the retransmission of the signals of local broadcast stations is available under section 338 from such carrier. 

‘‘(E) EXCEPTION.—A satellite carrier may refuse to engage in the testing process. If the carrier does so refuse, a 

subscriber in a local market in which the satellite carrier 

does not offer the signals of local broadcast stations under 

section 338 may, at his or her own expense, authorize a signal intensity test to be performed pursuant to the procedures specified by the Commission in section 73.686(d) of 

title 47, Code of Federal Regulations, by a tester who is approved by the satellite carrier and by each affected network 

station, or who has been previously approved by the satellite carrier and by each affected network station but not 

previously disapproved. A tester may not be so disapproved 

for a test after the tester has commenced such test. The tester shall give 5 business days advance written notice to the 

satellite carrier and to the affected network station or stations. A signal intensity test conducted in accordance with 

this subparagraph shall be determinative of the signal 

strength received at that household for purposes of determining whether the household is capable of receiving a 

Grade B intensity signal.’’. 

SEC. 210. SATELLITE CARRIAGE OF TELEVISION STATIONS IN NONCONTIGUOUS STATES. 

Section 338(a) of the Communications Act of 1934 (47 U.S.C. 

338(a)) is amended by adding at the end the following: 

‘‘(4) CARRIAGE OF SIGNALS OF LOCAL STATIONS IN CERTAIN

MARKETS.—A satellite carrier that offers multichannel video 

programming distribution service in the United States to more 

than 5,000,000 subscribers shall (A) within 1 year after the date 

of the enactment of the Satellite Home Viewer Extension and 

Reauthorization Act of 2004, retransmit the signals originating 

as analog signals of each television broadcast station located in 

any local market within a State that is not part of the contiguous United States, and (B) within 30 months after such date 

of enactment retransmit the signals originating as digital sigVerDate Aug 04 2004 07:33 Dec 01, 2004 Jkt 096906 PO 00000 Frm 00630 Fmt 6659 Sfmt 6603 E:\HR\OC\HR792.XXX HR792
627 

nals of each such station. The retransmissions of such stations 

shall be made available to substantially all of the satellite carrier’s subscribers in each station’s local market, and the retransmissions of the stations in at least one market in the State 

shall be made available to substantially all of the satellite carrier’s subscribers in areas of the State that are not within a designated market area. The cost to subscribers of such retransmissions shall not exceed the cost of retransmissions of local television stations in other States. Within 1 year after the date of 

enactment of that Act, the Commission shall promulgate regulations concerning elections by television stations in such State 

between mandatory carriage pursuant to this section and retransmission consent pursuant to section 325(b), which shall 

take into account the schedule on which local television stations 

are made available to viewers in such State.’’. 

SEC. 211. CARRIAGE OF TELEVISION SIGNALS TO CERTAIN SUBSCRIBERS. 

Part I of title III of the Communications Act of 1934 (47 U.S.C. 

301 et seq.) is amended by inserting after section 339 the following: 

‘‘SEC. 341. CARRIAGE OF TELEVISION SIGNALS TO CERTAIN SUBSCRIBERS. 

‘‘(a)(1) IN GENERAL.—A cable operator or satellite carrier may 

elect to retransmit, to subscribers in an eligible county— 

‘‘(A) any television broadcast stations that are located in 

the State in which the county is located and that any cable operator or satellite carrier was retransmitting to subscribers in 

the county on January 1, 2004; or 

‘‘(B) up to 2 television broadcast stations located in the 

State in which the county is located, if the number of television 

broadcast stations that the cable operator or satellite carrier is 

authorized to carry under paragraph (1) is less than 3. 

‘‘(2) DEEMED SIGNIFICANTLY VIEWED.—Any station described in 

subsection (a) is deemed to be significantly viewed in the eligible 

county within the meaning of section 76.54 of the Commission’s regulations (47 C.F.R. 76.54). 

‘‘(3) DEFINITION OF ELIGIBLE COUNTY.—For purposes of this 

section, the term ‘‘eligible county’’ means any 1 of 4 counties that— 

‘‘(A) are in a single State; 

‘‘(B) on January 1, 2004, were each in designated market 

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.’’. 

628 

SEC. 212. DIGITAL TRANSITION SAVINGS PROVISION. 

Nothing in the dates by which requirements or other provisions 

are effective under this Act or the amendments made by this Act 

shall be construed— 

(1) to impair the authority of the Federal Communications 

Commission to take any action with respect to the transition by 

television broadcasters to the digital television service; or 

(2) to require the Commission to take any such action. 

SEC. 213. AUTHORIZING BROADCAST SERVICE IN UNSERVED AREAS OF 

ALASKA. 

Title III of the Communications Act of 1934 is amended as follows: 

(1) In section 307(c)(3)— 

(A) by striking ‘‘any hearing’’ and inserting in lieu 

thereof ‘‘any administrative or judicial hearing’’; and 

(B) by inserting ‘‘or section 402’’ after ‘‘section 405’’. 

(2) In section 307, by adding at the end the following new 

subsection: 

‘‘(f) Notwithstanding any other provision of law, (1) any holder 

of a broadcast license may broadcast to an area of Alaska that otherwise does not have access to over the air broadcasts via translator, 

microwave, or other alternative signal delivery even if another holder of a broadcast license begins broadcasting to such area, (2) any 

holder of a broadcast license who has broadcast to an area of Alaska that did not have access to over the air broadcasts via translator, 

microwave, or other alternative signal delivery may continue providing such service even if another holder of a broadcast license begins broadcasting to such area, and shall not be fined or subject to 

any other penalty, forfeiture, or revocation related to providing such 

service including any fine, penalty, forfeiture, or revocation for continuing to operate notwithstanding orders to the contrary.’’. 

(3) In section 312(g), by inserting before the period at the 

end the following: ‘‘, except that the Commission may extend or 

reinstate such station license if the holder of the station license 

prevails in an administrative or judicial appeal, the applicable 

law changes, or for any other reason to promote equity and fairness. Any broadcast license revoked or terminated in Alaska in 

a proceeding related to broadcasting via translator, microwave, 

or other alternative signal delivery is reinstated’’. 

TITLE X—SNAKE RIVER WATER RIGHTS ACT OF 2004 

SECTION 1. SHORT TITLE. 

This title may be cited as the ‘‘Snake River Water Rights Act 

of 2004’’. 

SEC. 2. PURPOSES. 

The purposes of this Act are— 

(1) to resolve some of the largest outstanding issues with respect to the Snake River Basin Adjudication in Idaho in such 

a manner as to provide important benefits to the United States, 

the State of Idaho, the Nez Perce Tribe, the allottees, and citizens of the State; 

(2) to achieve a fair, equitable, and final settlement of all 

claims of the Nez Perce Tribe, its members, and allottees and 

629 

the United States on behalf of the Tribe, its members, and 

allottees to the water of the Snake River Basin within Idaho; 

(3) to authorize, ratify, and confirm the Agreement among 

the parties submitted to the Snake River Basin Adjudication 

Court and provide all parties with the benefits of the Agreement; 

(4) to direct— 

(A) the Secretary, acting through the Bureau of Reclamation, the Bureau of Land Management, the Bureau of 

Indian Affairs, and other agencies; and 

(B) the heads of other Federal agencies authorized to 

execute and perform actions necessary to carry out the 

Agreement; 

to perform all of their obligations under the Agreement and this 

Act; and 

(5) to authorize the actions and appropriations necessary 

for the United States to meet the obligations of the United 

States under the Agreement and this Act. 

SEC. 3. DEFINITIONS. 

In this Act: 

(1) AGREEMENT.—The term ‘‘Agreement’’ means the document titled ‘‘Mediator’s Term Sheet’’ dated April 20, 2004, and 

submitted on that date to the SRBA Court in SRBA Consolidated Subcase 03–10022 and SRBA Consolidated Subcase 67– 

13701, with all appendices to the document. 

(2) ALLOTTEE.—The term ‘‘allottee’’ means a person that 

holds a beneficial real property interest in an Indian allotment 

that is— 

(A) located within the Nez Perce Reservation; and 

(B) held in trust by the United States. 

(3) CONSUMPTIVE USE RESERVED WATER RIGHT.—The term 

‘‘consumptive use reserved water right’’ means the Federal reserved water right of 50,000 acre-feet per year, as described in 

the Agreement, to be decreed to the United States in trust for 

the Tribe and the allottees, with a priority date of 1855. 

(4) PARTIES.—The term ‘‘parties’’ means the United States, 

the State, the Tribe, and any other entity or person that submitted, or joined in the submission of, the Agreement to the 

SRBA Court on April 20, 2004. 

(5) SECRETARY.—The term ‘‘Secretary’’ means the Secretary 

of the Interior. 

(6) SNAKE RIVER BASIN.—The term ‘‘Snake River Basin’’ 

means the geographic area in the State described in paragraph 

3 of the Commencement Order issued by the SRBA Court on 

November 19, 1987. 

(7) SPRINGS OR FOUNTAINS WATER RIGHT.—The term 

‘‘springs or fountains water right’’ means the Tribe’s treaty right 

of access to and use of water from springs or fountains on Federal public land within the area ceded by the Tribe in the Treaty of June 9, 1863 (14 Stat. 647), as recognized under the Agreement. 

(8) SRBA.—The term ‘‘SRBA’’ means the Snake River 

Basin Adjudication litigation before the SRBA Court styled as 

In re Snake River Basin Adjudication, Case No. 39576. 

630 

(9) SRBA COURT.—The term ‘‘SRBA Court’’ means the District Court of the Fifth Judicial District of the State of Idaho, 

In and For the County of Twin Falls in re Snake River Basin 

Adjudication. 

(10) STATE.—The term ‘‘State’’ means the State of Idaho. 

(11) TRIBE.—The term ‘‘Tribe’’ means the Nez Perce Tribe. 

SEC. 4. APPROVAL, RATIFICATION, AND CONFIRMATION OF AGREEMENT. 

(a) IN GENERAL.—Except to the extent that the Agreement conflicts with this Act, the Agreement is approved, ratified, and confirmed. 

(b) EXECUTION AND PERFORMANCE.—The Secretary and the 

other heads of Federal agencies with obligations under the Agreement shall execute and perform all actions, consistent with this Act, 

that are necessary to carry out the Agreement. 

SEC. 5. BUREAU OF RECLAMATION WATER USE. 

(a) IN GENERAL.—As part of the overall implementation of the 

Agreement, the Secretary shall take such actions consistent with the 

Agreement, this Act, and water law of the State as are necessary to 

carry out the Snake River Flow Component of the Agreement. 

(b) MITIGATION FOR CHANGE OF USE OF WATER.— 

(1) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be appropriated to the Secretary $2,000,000 for a 1-time 

payment to local governments to mitigate for the change of use 

of water acquired by the Bureau of Reclamation under section 

III.C.6 of the Agreement. 

(2) DISTRIBUTION OF FUNDS.—Funds made available under 

paragraph (1) shall be distributed by the Secretary to local governments in accordance with a plan provided to the Secretary 

by the State. 

(3) PAYMENTS.—Payments by the Secretary shall be made 

on a pro rata basis as water rights are acquired by the Bureau 

of Reclamation. 

SEC. 6. BUREAU OF LAND MANAGEMENT LAND TRANSFER. 

(a) TRANSFER.— 

(1) IN GENERAL.—The Secretary shall transfer land selected 

by the Tribe under paragraph (2) to the Bureau of Indian Affairs to be held in trust for the Tribe. 

(2) LAND SELECTION.—The land transferred shall be selected by the Tribe from a list of parcels of land managed by 

the Bureau of Land Management that are available for transfer, as depicted on the map entitled ‘‘North Idaho BLM Land 

Eligible for Selection by the Nez Perce Tribe’’ dated May 2004, 

on file with the Director of the Bureau of Land Management, 

not including any parcel designated on the map as being on the 

Clearwater River or Lolo Creek. 

(3) MAXIMUM VALUE.—The land selected by the Tribe for 

transfer shall be limited to a maximum value in total of not 

more than $7,000,000, as determined by an independent appraisal of fair market value prepared in accordance with the 

Uniform Standards of Professional Appraisal Practice and the 

Uniform Appraisal Standards for Federal Land Acquisitions. 

(b) EXISTING RIGHTS AND USES.— 

631 

(1) IN GENERAL.—On any land selected by the Tribe under 

subsection (a)(2), any use in existence on the date of transfer 

under subsection (a) under a lease or permit with the Bureau 

of Land Management, including grazing, shall remain in effect 

until the date of expiration of the lease or permit, unless the 

holder of the lease or permit requests an earlier termination of 

the lease or permit, in which case the Secretary shall grant the 

request. 

(2) AVAILABILITY OF AMOUNTS.—Amounts that accrue to the 

United States under a lease or permit described in paragraph 

(1) from sales, bonuses, royalties, and rentals relating to any 

land transferred to the Tribe under this section shall be made 

available to the Tribe by the Secretary in the same manner as 

amounts received from other land held by the Secretary in trust 

for the Tribe. 

(c) DATE OF TRANSFER.—No land shall be transferred to the 

Bureau of Indian Affairs to be held in trust for the Tribe under this 

section until the waivers and releases under section 10(a) take effect. 

(d) AUTHORIZATION OF APPROPRIATIONS.— (1) IN GENERAL.—There is authorized to be appropriated to the Secretary $200,000 for 1-time payments to local governments to mitigate for the transfer of land by the Bureau of 

Land Management to the Tribe under section I.F of the Agreement. 

(2) PAYMENTS.—Payments under paragraph (1) shall be 

made on a pro rata basis as parcels of land are acquired by the 

Tribe. 

SEC. 7. WATER RIGHTS. 

(a) HOLDING IN TRUST.— (1) IN GENERAL.—The consumptive use reserved water right 

shall— 

(A) be held in trust by the United States for the benefit 

of the Tribe and allottees as set forth in this section; and 

(B) be subject to section 7 of the Act of February 8, 

1887 (25 U.S.C. 381). 

(2) SPRINGS OR FOUNTAINS WATER RIGHT.—The springs or 

fountains water right of the Tribe shall be held in trust by the 

United States for the benefit of the Tribe. 

(3) ALLOTTEES.—Allottees shall be entitled to a just and equitable allocation of the consumptive use reserved water right 

for irrigation purposes. 

(b) WATER CODE.— 

(1) ENACTMENT OF WATER CODE.—Not later than 3 years 

after the date of enactment of this Act, the Tribe shall enact a 

water code, subject to any applicable provision of law, that— 

(A) manages, regulates, and controls the consumptive 

use reserved water right so as to allocate water for irrigation, domestic, commercial, municipal, industrial, cultural, 

or other uses; and 

(B) includes, subject to approval of the Secretary— 

(i) a due process system for the consideration and 

determination of any request by an allottee, or any successor in interest to an allottee, for an allocation of 

such water for irrigation purposes on allotted land, including a process for an appeal and adjudication of deVerDate Aug 04 2004 07:33 Dec 01, 2004 Jkt 096906 PO 00000 Frm 00635 Fmt 6659 Sfmt 6603 E:\HR\OC\HR792.XXX HR792
632 

nied or disputed distribution of water and for resolution of contested administrative decisions; and 

(ii) a process to protect the interests of allottees 

when entering into any lease under subsection (e). 

(2) SECRETARIAL APPROVAL.—Any provision of the water 

code and any amendments to the water code that affect the 

rights of the allottees shall be subject to approval by the Secretary, and no such provision or amendment shall be valid 

until approved by the Secretary. 

(3) INTERIM ADMINISTRATION.—The Secretary shall administer the consumptive use reserved water right until such date 

as the water code described in paragraph (2) has been enacted 

by the Tribe and the Secretary has approved the relevant portions of the water code. 

(c) EXHAUSTION OF REMEDIES.—Before asserting any claim 

against the United States under section 7 of the Act of February 8, 

1887 (25 U.S.C. 381) or other applicable law, a claimant shall exhaust remedies available under the Tribe’s water code and Tribal 

law. 

(d) PETITION TO THE SECRETARY.—Following exhaustion of 

remedies in accordance with subsection (c), a claimant may petition 

the Secretary for relief. 

(e) SATISFACTION OF CLAIMS.— 

(1) IN GENERAL.—The water rights and other benefits 

granted or confirmed by the Agreement and this Act shall be in 

full satisfaction of all claims for water rights and injuries to 

water rights of the allottees. 

(2) SATISFACTION OF ENTITLEMENTS.—Any entitlement to 

water of any allottee under Federal law shall be satisfied out 

of the consumptive use reserved water right. 

(3) COMPLETE SUBSTITUTION.—The water rights, resources, 

and other benefits provided by this Act are a complete substitution for any rights that may have been held by, or any claims 

that may have been asserted by, allottees within the exterior 

boundaries of the Reservation before the date of enactment of 

this Act. 

(f) ABANDONMENT, FORFEITURE, OR NONUSE.—The consumptive 

use reserved water right and the springs or fountains water right 

shall not be subject to loss by abandonment, forfeiture, or nonuse. 

(g) LEASE OF WATER.— 

(1) IN GENERAL.—Subject to the water code, the Tribe, without further approval of the Secretary, may lease water to which 

the Tribe is entitled under the consumptive use reserved water 

right through any State water bank in the same manner and 

subject to the same rules and requirements that govern any 

other lessor of water to the water bank. 

(2) FUNDS.—Any funds accruing to the Tribe from any 

lease under paragraph (1) shall be the property of the Tribe, 

and the United States shall have no trust obligation or other 

obligation to monitor, administer, or account for any consideration received by the Tribe under any such lease. 

SEC. 8. TRIBAL FUNDS. 

(a) DEFINITION OF FUND.—In this section, the term ‘‘Fund’’ 

means— 

633 

(1) the Nez Perce Tribe Water and Fisheries Fund established under subsection (b)(1); and 

(2) the Nez Perce Tribe Domestic Water Supply Fund established under subsection (b)(2). 

(b) ESTABLISHMENT.—There are established in the Treasury of 

the United States— 

(1) a fund to be known as the ‘‘Nez Perce Tribe Water and 

Fisheries Fund’’, to be used to pay or reimburse costs incurred 

by the Tribe in acquiring land and water rights, restoring or 

improving fish habitat, or for fish production, agricultural development, cultural preservation, water resource development, 

or fisheries-related projects; and 

(2) a fund to be known as the ‘‘Nez Perce Domestic Water 

Supply Fund’’, to be used to pay the costs for design and construction of water supply and sewer systems for tribal communities, including a water quality testing laboratory. 

(c) MANAGEMENT OF THE FUNDS.—The Secretary shall manage 

the Funds, make investments from the Funds, and make amounts 

available from the Funds for distribution to the Tribe consistent 

with the American Indian Trust Fund Management Reform Act of 

1994 (25 U.S.C. 4001 et seq.), this Act, and the Agreement. 

(d) INVESTMENT OF THE FUNDS.—The Secretary shall invest 

amounts in the Funds in accordance with— 

(1) the Act of April 1, 1880 (25 U.S.C. 161; 21 Stat. 70, 

chapter 41); 

(2) the first section of the Act of June 24, 1938 (25 U.S.C. 

162a; 52 Stat. 1037, chapter 648); and 

(3) subsection (c). 

(e) AVAILABILITY OF AMOUNTS FROM THE FUNDS.—Amounts 

made available under subsection (h) shall be available for expenditure or withdrawal only after the waivers and releases under section 

10(a) take effect. 

(f) EXPENDITURES AND WITHDRAWAL.— (1) TRIBAL MANAGEMENT PLAN.— 

(A) IN GENERAL.—The Tribe may withdraw all or part 

of amounts in the Funds on approval by the Secretary of 

a tribal management plan as described in the American Indian Trust Fund Management Reform Act of 1994 (25 

U.S.C. 4001 et seq.). 

(B) REQUIREMENTS.—In addition to the requirements 

under the American Indian Trust Fund Management Reform Act of 1994 (25 U.S.C. 4001 et seq.), the tribal management plan shall require that the Tribe spend any 

amounts withdrawn from the Funds in accordance with the 

purposes described in subsection (b). 

(C) ENFORCEMENT.—The Secretary may take judicial 

or administrative action to enforce the provisions of any 

tribal management plan to ensure that any amounts withdrawn from the Funds under the plan are used in accordance with this Act and the Agreement. 

(D) LIABILITY.—If the Tribe exercises the right to withdraw amounts from the Funds, neither the Secretary nor 

the Secretary of the Treasury shall retain any liability for 

the expenditure or investment of the amounts. 

(2) EXPENDITURE PLAN.— 

634 

(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 BaVerDate Aug 04 2004 07:33 Dec 01, 2004 Jkt 096906 PO 00000 Frm 00638 Fmt 6659 Sfmt 6603 E:\HR\OC\HR792.XXX HR792
635 

sins 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— 

636 

(A) shall be permanent and enforceable; and 

(B) shall survive any subsequent termination of any 

component of the settlement described in the Agreement or 

this Act. 

(5) EFFECTIVE DATE.—The waivers and releases under this 

subsection shall take effect on the date on which the Secretary 

causes to be published in the Federal Register a statement of 

findings that the actions set forth in section IV.L of the Agreement— 

(A) have been completed, including issuance of a judgment and decree by the SRBA court from which no further 

appeal may be taken; and 

(B) have been determined by the United States on behalf of the Tribe and the allottees, the Tribe, and the State 

of Idaho to be consistent in all material aspects with the 

Agreement. 

(b) WAIVER AND RELEASE OF CLAIMS AGAINST THE UNITED

STATES.— 

(1) IN GENERAL.—In consideration of performance by the 

United States of all actions required by the Agreement and this 

Act, including the appropriation of all funds authorized under 

sections 8(h) and 9(d)(1), the Tribe shall execute a waiver and 

release of the United States from— 

(A) all claims for water rights within the Snake River 

Basin, injuries to such water rights, or breach of trust 

claims for failure to protect, acquire, or develop such water 

rights that accrued at any time up to and including the effective date determined under paragraph (2); 

(B) all claims for injuries to the Tribe’s treaty fishing 

rights, to the extent that such injuries result or resulted 

from reductions in the quantity of water available in the 

Snake River Basin; 

(C) all claims of breach of trust for failure to protect 

Nez Perce springs or fountains treaty rights reserved in article VIII of the Treaty of June 9, 1863 (14 Stat. 651); and 

(D) all claims of breach of trust arising out of the negotiation of or resulting from the adoption of the Agreement. 

(2) EFFECTIVE DATE.— 

(A) IN GENERAL.—The waiver and release contained in 

this subsection shall take effect on the date on which the 

amounts authorized under sections 8(h) and 9(d)(1) are appropriated. 

(B) PERIODS OF LIMITATION; EQUITABLE CLAIMS.— 

(i) IN GENERAL.—All periods of limitation and 

time-based equitable defenses applicable to the claims 

set forth in paragraph (1) are tolled for the period between the date of enactment of this Act until the earlier 

of— 

(I) the date on which the amounts authorized 

under sections 8(h) and 9(d)(1) are appropriated; 

or 

(II) October 1, 2017. 

(ii) EFFECT OF SUBPARAGRAPH.—This subparagraph neither revives any claim nor tolls any period of 

637 

limitation or time-based equitable defense that may 

have expired before the date of enactment of this Act. 

(3) DEFENSE.—The making of the amounts of appropriations authorized under sections 8(h) and 9(d)(1) shall constitute 

a complete defense to any claim pending in any court of the 

United States on the date on which the appropriations are 

made. 

(c) RETENTION OF RIGHTS.— (1) IN GENERAL.—The Tribe shall retain all rights not specifically waived or released in the Agreement or this Act. 

(2) DWORSHAK PROJECT.—Nothing in the Agreement or this 

Act constitutes a waiver by the Tribe of any claim against the 

United States resulting from the construction and operation of 

the Dworshak Project (Project PWI 05090), other than those 

specified in subparagraphs (A) and (B) of subsection (b)(1). 

(3) FUTURE ACQUISITION OF WATER RIGHTS.—Nothing in 

the Agreement or this Act precludes the Tribe or allottees, or the 

United States as trustee for the Tribe or allottees, from purchasing or otherwise acquiring water rights in the future to the 

same extent as any other entity in the State. 

SEC. 11. MISCELLANEOUS. 

(a) GENERAL DISCLAIMER.—The parties expressly reserve all 

rights not specifically granted, recognized, or relinquished by the 

settlement described in the Agreement or this Act. 

(b) DISCLAIMER REGARDING OTHER AGREEMENTS AND PRECE- DENT.— (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 impleVerDate Aug 04 2004 07:33 Dec 01, 2004 Jkt 096906 PO 00000 Frm 00641 Fmt 6659 Sfmt 6603 E:\HR\OC\HR792.XXX HR792
638 

ment a flow augmentation plan beneficial to fish and consistent 

with the Agreement. 

(2) CONTENTS OF PLAN.—The flow augmentation plan may 

include provisions beneficial to recreational uses of the reservoir 

through maintenance of the full level of the reservoir for prolonged periods during the summer months. 

(f) JURISDICTION.— (1) NO EFFECT ON SUBJECT MATTER JURISDICTION.—Nothing in the Agreement or this Act restricts, enlarges, or otherwise 

determines the subject matter jurisdiction of any Federal, State, 

or Tribal court. 

(2) CONSENT TO JURISDICTION.—The United States consents to jurisdiction in a proper forum for purposes of enforcing 

the provisions of the Agreement. 

(3) EFFECT OF SUBSECTION.—Nothing in this subsection 

confers jurisdiction on any State court to— 

(A) enforce Federal environmental laws regarding the 

duties of the United States; or 

(B) conduct judicial review of Federal agency action. 

DIVISION K—SMALL BUSINESS 

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

(a) SHORT TITLE.—This division may be cited as the ‘‘Small 

Business Reauthorization and Manufacturing Assistance Act of 

2004’’. 

(b) TABLE OF CONTENTS.—The table of contents for this division 

is as follows: 

TITLE I—SMALL BUSINESS REAUTHORIZATION AND MANUFACTURING 

Sec. 1. Short title; table of contents. 

Subtitle A—Small manufacturers assistance 

Sec. 101. Express loans. 

Sec. 102. Loan guarantee fees. 

Sec. 103. Increase in guarantee amount and institution of associated fee. 

Sec. 104. Debenture size. 

Sec. 105. Job requirements. 

Sec. 106. Report regarding national database of small manufacturers. 

Sec. 107. International trade. 

Subtitle B—Authorizations 

CHAPTER 1—PROGRAM AUTHORIZATION LEVELS AND ADDITIONAL REAUTHORIZATIONS

Sec. 121. Program authorization levels. 

Sec. 122. Additional reauthorizations. 

CHAPTER 2—PAUL D. COVERDELL DRUG-FREE WORKPLACE PROGRAM AUTHORIZATIONS

AND SUNDRY AMENDMENTS

Sec. 123. Paul D. Coverdell drug-free workplace program authorization provisions. 

Sec. 124. Grant provisions. 

Sec. 125. Drug-free communities coalitions as eligible intermediaries. 

Sec. 126. Promotion of effective practices of eligible intermediaries. 

Sec. 127. Report to Congress. 

Subtitle C—Administration Management 

Sec. 131. Lender examination and review fees. 

Sec. 132. Gifts and co-sponsorship of events. 

639 

Subtitle D—Entrepreneurial development programs 

CHAPTER 1—OFFICE OF ENTREPRENEURIAL DEVELOPMENT

Sec. 141. Service Corps of Retired Executives. 

Sec. 142. Small business development center program. 

CHAPTER 2—OFFICE OF VETERANS BUSINESS DEVELOPMENT

Sec. 143. Advisory Committee on Veterans Business Affairs. 

Sec. 144. Outreach grants for veterans. 

Sec. 145. Authorization of appropriations. 

Sec. 146. National Veterans Business Development Corporation. 

CHAPTER 3—MANUFACTURING AND ENTREPRENEURIAL DEVELOPMENT

Sec. 147. Small Business Manufacturing Task Force. 

Subtitle E—HUBZone Program 

Sec. 151. Streamlining and revision of HUBZone eligibility requirements. 

Sec. 152. Expansion of qualified areas. 

Sec. 153. Price evaluation preference. 

Sec. 154. HUBZone Authorizations. 

Sec. 155. Participation in federally funded projects. 

Subtitle F—Small business lending companies 

Sec. 161. Supervisory and enforcement authority for small business lending companies. 

Sec. 162. Definitions relating to small business lending companies. 

TITLE II—MISCELLANEOUS AMENDMENTS 

Sec. 201. Amendment to definition of equity capital with respect to issuers of participating securities. 

Sec. 202. Investment of excess funds. 

Sec. 203. Surety bond amendments. 

Sec. 204. Effective date for certain fees. 

TITLE I—SMALL BUSINESS REAUTHORIZATION AND MANUFACTURING 

Subtitle A—Small Manufacturers 

Assistance 

SEC. 101. EXPRESS LOANS. 

(a) IN GENERAL.—Section 7(a) of the Small Business Act (15 

U.S.C. 636(a)) is amended by adding at the end the following: 

‘‘(31) EXPRESS LOANS.— 

‘‘(A) DEFINITIONS.—As used in this paragraph: 

‘‘(i) The term ‘express lender’ means any lender authorized by the Administration to participate in the Express Loan Program. 

‘‘(ii) The term ‘express loan’ means any loan made 

pursuant to this paragraph in which a lender utilizes 

to the maximum extent practicable its own loan analyses, procedures, and documentation. 

‘‘(iii) The term ‘Express Loan Program’ means the 

program for express loans established by the Administration under paragraph (25)(B), as in existence on 

April 5, 2004, with a guaranty rate of not more than 

50 percent. 

‘‘(B) RESTRICTION TO EXPRESS LENDER.—The authority 

to make an express loan shall be limited to those lenders 

640 

deemed qualified to make such loans by the Administration. Designation as an express lender for purposes of making an express loan shall not prohibit such lender from taking any other action authorized by the Administration for 

that lender pursuant to this subsection. 

‘‘(C) GRANDFATHERING OF EXISTING LENDERS.—Any express lender shall retain such designation unless the Administration determines that the express lender has violated the law or regulations promulgated by the Administration or modifies the requirements to be an express lender 

and the lender no longer satisfies those requirements. 

‘‘(D) MAXIMUM LOAN AMOUNT.—The maximum loan 

amount under the Express Loan Program is $350,000. 

‘‘(E) OPTION TO PARTICIPATE.—Except as otherwise provided in this paragraph, the Administration shall take no 

regulatory, policy, or administrative action, without regard 

to whether such action requires notification pursuant to 

paragraph (24), that has the effect of requiring a lender to 

make an express loan pursuant to subparagraph (D).’’. 

(b) EFFECTIVE DATE.—The amendment made by subsection (a) 

shall take effect on the date of enactment of this Act. 

SEC. 102. LOAN GUARANTEE FEES. 

(a) ADDITIONAL GUARANTEE FEE LEVEL.—Section 7(a)(18)(A) of 

the Small Business Act (15 U.S.C. 636(a)(18)(A)) is amended to 

read as follows: 

‘‘(A) IN GENERAL.—With respect to each loan guaranteed under this subsection (other than a loan that is repayable in 1 year or less), the Administration shall collect a 

guarantee fee, which shall be payable by the participating 

lender, and may be charged to the borrower, as follows: 

‘‘(i) A guarantee fee not to exceed 2 percent of the 

deferred participation share of a total loan amount 

that is not more than $150,000. 

‘‘(ii) A guarantee fee not to exceed 3 percent of the 

deferred participation share of a total loan amount 

that is more than $150,000, but not more than 

$700,000. 

‘‘(iii) A guarantee fee not to exceed 3.5 percent of 

the deferred participation share of a total loan amount 

that is more than $700,000. 

‘‘(iv) In addition to the fee under clause (iii), a 

guarantee fee equal to 0.25 percent of any portion of 

the deferred participation share that is more than 

$1,000,000.’’. 

(b) CLERICAL AMENDMENT.—Section 7(a)(18) of the Small Business Act (15 U.S.C. 636(a)(18)) is amended by striking subparagraph (C). 

(c) YEARLY FEE.—Section 7(a)(23) of the Small Business Act (15 

U.S.C. 636(a)(23)) is amended— 

(1) in the heading, by striking ‘‘ANNUAL’’ and inserting 

‘‘YEARLY’’; 

(2) by striking subparagraph (A) and inserting the following: 

‘‘(A) IN GENERAL.—With respect to each loan approved 

under this subsection, the Administration shall assess, colVerDate Aug 04 2004 07:33 Dec 01, 2004 Jkt 096906 PO 00000 Frm 00644 Fmt 6659 Sfmt 6603 E:\HR\OC\HR792.XXX HR792
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lect, and retain a fee, not to exceed 0.55 percent per year of 

the outstanding balance of the deferred participation share 

of the loan, in an amount established once annually by the 

Administration in the Administration’s annual budget request to Congress, as necessary to reduce to zero the cost to 

the Administration of making guarantees under this subsection. As used in this paragraph, the term ‘cost’ has the 

meaning given that term in section 502 of the Federal 

Credit Reform Act of 1990 (2 U.S.C. 661a).’’; 

(3) in subparagraph (B), by striking ‘‘annual’’ and inserting 

‘‘yearly’’; and 

(4) by adding at the end the following: 

‘‘(C) LOWERING OF BORROWER FEES.—If the Administration determines that fees paid by lenders and by small 

business borrowers for guarantees under this subsection 

may be reduced, consistent with reducing to zero the cost to 

the Administration of making such guarantees— 

‘‘(i) the Administration shall first consider reducing fees paid by small business borrowers under 

clauses (i) through (iii) of paragraph (18)(A), to the 

maximum extent possible; and 

‘‘(ii) fees paid by small business borrowers shall 

not be increased above the levels in effect on the date 

of enactment of this subparagraph.’’. 

SEC. 103. INCREASE IN GUARANTEE AMOUNT AND INSTITUTION OF ASSOCIATED FEE. 

(a) INCREASE IN AMOUNT PERMITTED TO BE OUTSTANDING AND

COMMITTED.—Section 7(a)(3)(A) of the Small Business Act (15 

U.S.C. 636(a)(3)(A)) is amended by striking ‘‘$1,000,000’’ and inserting ‘‘$1,500,000’’. 

(b) EFFECTIVE DATE.—The amendment made by subsection (a) 

shall take effect on the date of enactment of this Act. 

SEC. 104. DEBENTURE SIZE. 

Section 502(2) of the Small Business Investment Act of 1958 (15 

U.S.C. 696(2)) is amended to read as follows: 

‘‘(2) MAXIMUM AMOUNT.— 

‘‘(A) IN GENERAL.—Loans made by the Administration 

under this section shall be limited to— 

‘‘(i) $1,500,000 for each small business concern if 

the loan proceeds will not be directed toward a goal or 

project described in subparagraph (B) or (C); 

‘‘(ii) $2,000,000 for each small business concern if 

the loan proceeds will be directed toward 1 or more of 

the public policy goals described under section 

501(d)(3); and 

‘‘(iii) $4,000,000 for each project of a small manufacturer. 

‘‘(B) DEFINITION.—As used in this paragraph, the term 

‘small manufacturer’ means a small business concern— 

‘‘(i) the primary business of which is classified in 

sector 31, 32, or 33 of the North American Industrial 

Classification System; and 

‘‘(ii) all of the production facilities of which are located in the United States.’’. 

642 

SEC. 105. JOB REQUIREMENTS. 

Section 501 of the Small Business Investment Act of 1958 (15 

U.S.C. 695) is amended by adding at the end the following: 

‘‘(e)(1) A project meets the objective set forth in subsection (d)(1) if the project creates or retains one job for every $50,000 guaranteed 

by the Administration, except that the amount is $100,000 in the 

case of a project of a small manufacturer. 

‘‘(2) Paragraph (1) does not apply to a project for which eligibility is based on the objectives set forth in paragraph (2) or (3) of 

subsection (d), if the development company’s portfolio of outstanding 

debentures creates or retains one job for every $50,000 guaranteed 

by the Administration. 

‘‘(3) For projects in Alaska, Hawaii, State-designated enterprise 

zones, empowerment zones and enterprise communities, labor surplus areas, as determined by the Secretary of Labor, and for other 

areas designated by the Administrator, the development company’s 

portfolio may average not more than $75,000 per job created or retained. 

‘‘(4) Loans for projects of small manufacturers shall be excluded 

from calculations under paragraph (2) or (3). 

‘‘(5) Under regulations prescribed by the Administrator, the Administrator may waive, on a case-by-case basis or by regulation, any 

requirement of this subsection (other than paragraph (4)). With respect to any waiver the Administrator is prohibited from adopting 

a dollar amount that is lower than the amounts set forth in paragraphs (1), (2), and (3). 

‘‘(6) As used in this subsection, the term ‘small manufacturer’ 

means a small business concern— 

‘‘(A) the primary business of which is classified in sector 31, 

32, or 33 of the North American Industrial Classification System; and 

‘‘(B) all of the production facilities of which are located in 

the United States.’’. 

SEC. 106. REPORT REGARDING NATIONAL DATABASE OF SMALL MANUFACTURERS. 

(a) STUDY AND REPORT.—The Administrator, in consultation 

with the Association of Small Business Development Centers authorized by section 21(k) of the Small Business Act (15 U.S.C. 

648(k)), shall— 

(1) study the feasibility of creating a national database of 

small manufacturers that institutions of higher education could 

access for purposes of meeting procurement needs; and 

(2) not later than 1 year after the date of enactment of this 

Act, submit a report to the Congress regarding the findings and 

conclusions of such study. 

(b) COST ESTIMATE.—The report referred to in subsection (a)(2) 

shall include an estimate of the cost of creating and maintaining 

the database described in subsection (a)(1). 

(c) DEFINITION.—As used in this section, the term ‘‘small manufacturer’’ means a small business concern— 

(1) the primary business of which is classified in sector 31, 

32, or 33 of the North American Industrial Classification System; and 

(2) all of the production facilities of which are located in 

the United States. 

643 

SEC. 107. INTERNATIONAL TRADE. 

(a) IN GENERAL.—Section 7(a)(16) of the Small Business Act (15 

U.S.C. 636(a)(16)) is amended to read as follows: 

‘‘(16) INTERNATIONAL TRADE.— ‘‘(A) IN GENERAL.—If the Administrator determines 

that a loan guaranteed under this subsection will allow an 

eligible small business concern that is engaged in or adversely affected by international trade to improve its competitive position, the Administrator may make such loan to 

assist such concern in— 

‘‘(i) the financing of the acquisition, construction, 

renovation, modernization, improvement, or expansion 

of productive facilities or equipment to be used in the 

United States in the production of goods and services 

involved in international trade; or 

‘‘(ii) the refinancing of existing indebtedness that is 

not structured with reasonable terms and conditions. 

‘‘(B) SECURITY.—Each loan made under this paragraph 

shall be secured by a first lien position or first mortgage on 

the property or equipment financed by the loan or on other 

assets of the small business concern. 

‘‘(C) ENGAGED IN INTERNATIONAL TRADE.—For purposes 

of this paragraph, a small business concern is engaged in 

international trade if, as determined by the Administrator, 

the small business concern is in a position to expand existing export markets or develop new export markets. 

‘‘(D) ADVERSELY AFFECTED BY INTERNATIONAL TRADE.— 

For purposes of this paragraph, a small business concern 

is adversely affected by international trade if, as determined by the Administrator, the small business concern— 

‘‘(i) is confronting increased competition with foreign firms in the relevant market; and 

‘‘(ii) is injured by such competition. 

‘‘(E) FINDINGS BY CERTAIN FEDERAL AGENCIES.—For 

purposes of subparagraph (D)(ii) the Administrator shall 

accept any finding of injury by the International Trade 

Commission or any finding of injury by the Secretary of 

Commerce pursuant to chapter 3 of title II of the Trade Act 

of 1974.’’. 

(b) LIMITATION INCREASE.—Section 7(a)(3)(B) of the Small 

Business Act (15 U.S.C. 636(a)(3)(B)) is amended— 

(1) by striking ‘‘$1,250,000’’ and inserting ‘‘$1,750,000’’; 

and 

(2) by striking ‘‘$750,000’’ and inserting ‘‘$1,250,000’’. 

(c) EFFECTIVE DATE.—The amendments made by this section 

shall take effect on the date of enactment of this Act. 

Subtitle B—Authorizations 

CHAPTER 1—PROGRAM AUTHORIZATION LEVELS AND 

ADDITIONAL REAUTHORIZATIONS 

SEC. 121. PROGRAM AUTHORIZATION LEVELS. 

Section 20 of the Small Business Act (15 U.S.C. 631 note) is 

amended— 

644 

(1) in subsection (a)(1), by striking ‘‘certification’’ each place 

it appears in subparagraphs (D) and (E) and inserting ‘‘accreditation’’; and 

(2) by striking subsections (c) through (i) and inserting the 

following: 

‘‘(c) DISASTER MITIGATION PILOT PROGRAM.—The following program levels are authorized for loans under section 7(b)(1)(C): 

‘‘(1) $15,000,000 for fiscal year 2005. 

‘‘(2) $15,000,000 for fiscal year 2006. 

‘‘(d) FISCAL YEAR 2005.— 

‘‘(1) PROGRAM LEVELS.—The following program levels are 

authorized for fiscal year 2005: 

‘‘(A) For the programs authorized by this Act, the Administration is authorized to make— 

‘‘(i) $75,000,000 in technical assistance grants, as 

provided in section 7(m); and 

‘‘(ii) $105,000,000 in direct loans, as provided in 

7(m). 

‘‘(B) For the programs authorized by this Act, the Administration is authorized to make $23,050,000,000 in deferred participation loans and other financings. Of such 

sum, the Administration is authorized to make— 

‘‘(i) $16,500,000,000 in general business loans, as 

provided in section 7(a); 

‘‘(ii) $6,000,000,000 in certified development company financings, as provided in section 7(a)(13) and as 

provided in section 504 of the Small Business Investment Act of 1958; 

‘‘(iii) $500,000,000 in loans, as provided in section 

7(a)(21); and 

‘‘(iv) $50,000,000 in loans, as provided in section 

7(m). 

‘‘(C) For the programs authorized by title III of the 

Small Business Investment Act of 1958, the Administration 

is authorized to make— 

‘‘(i) $4,250,000,000 in purchases of participating 

securities; and 

‘‘(ii) $3,250,000,000 in guarantees of debentures. 

‘‘(D) For the programs authorized by part B of title IV 

of the Small Business Investment Act of 1958, the Administration is authorized to enter into guarantees not to exceed 

$6,000,000,000, of which not more than 50 percent may be 

in bonds approved pursuant to section 411(a)(3) of that Act. 

‘‘(E) The Administration is authorized to make grants 

or enter into cooperative agreements for a total amount of 

$7,000,000 for the Service Corps of Retired Executives program authorized by section 8(b)(1). 

‘‘(2) ADDITIONAL AUTHORIZATIONS.— 

‘‘(A) There are authorized to be appropriated to the Administration for fiscal year 2005 such sums as may be necessary to carry out the provisions of this Act not elsewhere 

provided for, including administrative expenses and necessary loan capital for disaster loans pursuant to section 

7(b), and to carry out the Small Business Investment Act 

645 

of 1958, including salaries and expenses of the Administration. 

‘‘(B) Notwithstanding any other provision of this paragraph, for fiscal year 2005— 

‘‘(i) no funds are authorized to be used as loan capital for the loan program authorized by section 7(a)(21) 

except by transfer from another Federal department or 

agency to the Administration, unless the program level 

authorized for general business loans under paragraph 

(1)(B)(i) is fully funded; and 

‘‘(ii) the Administration may not approve loans on 

its own behalf or on behalf of any other Federal department or agency, by contract or otherwise, under terms 

and conditions other than those specifically authorized 

under this Act or the Small Business Investment Act of 

1958, except that it may approve loans under section 

7(a)(21) of this Act in gross amounts of not more than 

$2,000,000. 

‘‘(e) FISCAL YEAR 2006.— 

‘‘(1) PROGRAM LEVELS.—The following program levels are 

authorized for fiscal year 2006: 

‘‘(A) For the programs authorized by this Act, the Administration is authorized to make— 

‘‘(i) $80,000,000 in technical assistance grants, as 

provided in section 7(m); and 

‘‘(ii) $110,000,000 in direct loans, as provided in 

7(m). 

‘‘(B) For the programs authorized by this Act, the Administration is authorized to make $25,050,000,000 in deferred participation loans and other financings. Of such 

sum, the Administration is authorized to make— 

‘‘(i) $17,000,000,000 in general business loans, as 

provided in section 7(a); 

‘‘(ii) $7,500,000,000 in certified development company financings, as provided in section 7(a)(13) and as 

provided in section 504 of the Small Business Investment Act of 1958; 

‘‘(iii) $500,000,000 in loans, as provided in section 

7(a)(21); and 

‘‘(iv) $50,000,000 in loans, as provided in section 

7(m). 

‘‘(C) For the programs authorized by title III of the 

Small Business Investment Act of 1958, the Administration 

is authorized to make— 

‘‘(i) $4,500,000,000 in purchases of participating 

securities; and 

‘‘(ii) $3,500,000,000 in guarantees of debentures. 

‘‘(D) For the programs authorized by part B of title IV 

of the Small Business Investment Act of 1958, the Administration is authorized to enter into guarantees not to exceed 

$6,000,000,000, of which not more than 50 percent may be 

in bonds approved pursuant to section 411(a)(3) of that Act. 

‘‘(E) The Administration is authorized to make grants 

or enter into cooperative agreements for a total amount of 

646 

$7,000,000 for the Service Corps of Retired Executives program authorized by section 8(b)(1). 

‘‘(2) ADDITIONAL AUTHORIZATIONS.— ‘‘(A) There are authorized to be appropriated to the Administration for fiscal year 2006 such sums as may be necessary to carry out the provisions of this Act not elsewhere 

provided for, including administrative expenses and necessary loan capital for disaster loans pursuant to section 

7(b), and to carry out the Small Business Investment Act 

of 1958, including salaries and expenses of the Administration. 

‘‘(B) Notwithstanding any other provision of this paragraph, for fiscal year 2006— 

‘‘(i) no funds are authorized to be used as loan capital for the loan program authorized by section 7(a)(21) 

except by transfer from another Federal department or 

agency to the Administration, unless the program level 

authorized for general business loans under paragraph 

(1)(B)(i) is fully funded; and 

‘‘(ii) the Administration may not approve loans on 

its own behalf or on behalf of any other Federal department or agency, by contract or otherwise, under terms 

and conditions other than those specifically authorized 

under this Act or the Small Business Investment Act of 

1958, except that it may approve loans under section 

7(a)(21) of this Act in gross amounts of not more than 

$2,000,000.’’. 

SEC. 122. ADDITIONAL REAUTHORIZATIONS. 

(a) DRUG-FREE WORKPLACE PROGRAM ASSISTANCE.—Section 

21(c)(3)(T) of the Small Business Act (15 U.S.C. 648(c)(3)(T)) is 

amended by striking ‘‘October 1, 2003’’ and inserting ‘‘October 1, 

2006’’. 

(b) SMALL BUSINESS DEVELOPMENT CENTERS.—Section 

21(a)(4)(C) of the Small Business Act (15 U.S.C. 648(a)(4)(C)) is 

amended— 

(1) by striking clause (vii) and inserting the following: 

‘‘(vii) AUTHORIZATION OF APPROPRIATIONS.—There are 

authorized to be appropriated to carry out this subparagraph— ‘‘(I) $130,000,000 for fiscal year 2005; and 

‘‘(II) $135,000,000 for fiscal year 2006.’’; 

(2) by redesignating clause (viii) as clause (ix); and 

(3) by inserting after clause (vii) the following: 

‘‘(viii) LIMITATION.—From the funds appropriated pursuant to clause (vii), the Administration shall reserve not 

less than $1,000,000 in each fiscal year to develop portable 

assistance for startup and sustainability non-matching 

grant programs to be conducted by eligible small business 

development centers in communities that are economically 

challenged as a result of a business or government facility 

downsizing or closing, which has resulted in the loss of jobs 

or small business instability. A non-matching grant under 

this clause shall not exceed $100,000, and shall be used for 

small business development center personnel expenses and 

related small business programs and services.’’. 

647 

CHAPTER 2—PAUL D. COVERDELL DRUG-FREE WORKPLACE PROGRAM AUTHORIZATIONS AND SUNDRY 

AMENDMENTS 

SEC. 123. PAUL D. COVERDELL DRUG-FREE WORKPLACE PROGRAM AUTHORIZATION PROVISIONS. 

(a) IN GENERAL.—Section 27(g)(1) of the Small Business Act (15 

U.S.C. 654(g)(1)) is amended by striking ‘‘, $5,000,000’’ in the first 

sentence and all that follows through ‘‘subsection’’ in the second sentence and inserting the following: ‘‘(other than subsection (b)(2)), 

$5,000,000 for each of fiscal years 2005 and 2006. Amounts made 

available under this paragraph’’. 

(b) LIMITATION ON AUTHORIZATION FOR SMALL BUSINESS DEVELOPMENT CENTERS.—Section 27(g)(2) of the Small Business Act 

(15 U.S.C. 654(g)) is amended by striking ‘‘this subsection, not more 

than the greater of 10 percent or $1,000,000’’ and inserting ‘‘paragraph (1) for each of fiscal years 2005 and 2006, not more than the 

greater of 10 percent or $500,000’’. 

(c) ADDITIONAL AUTHORIZATION FOR TECHNICAL ASSISTANCE

GRANTS.—Section 27(g) of the Small Business Act (15 U.S.C. 

654(g)) is amended by adding at the end the following: 

‘‘(3) ADDITIONAL AUTHORIZATION FOR TECHNICAL ASSISTANCE GRANTS.—There are authorized to be appropriated to 

carry out subsection (b)(2), $1,500,000 for each of fiscal years 

2005 and 2006. Amounts made available under this paragraph 

shall remain available until expended.’’. 

(d) LIMITATION ON ADMINISTRATIVE COSTS.—Section 27(g) of 

the Small Business Act (15 U.S.C. 654(g)), as amended by subsection (c), is further amended by adding at the end the following: 

‘‘(4) LIMITATION ON ADMINISTRATIVE COSTS.—Not more 

than 5 percent of the total amount made available under this 

subsection for any fiscal year shall be used for administrative 

costs (determined without regard to the administrative costs of 

eligible intermediaries).’’. 

SEC. 124. GRANT PROVISIONS. 

(a) ADDITIONAL GRANTS FOR TECHNICAL ASSISTANCE.—Section 

27(b) of the Small Business Act (15 U.S.C. 654) is amended— 

(1) by striking ‘‘There is established’’ and inserting the following: 

‘‘(1) IN GENERAL.—There is established’’; and 

(2) by adding at the end the following new paragraph: 

‘‘(2) ADDITIONAL GRANTS FOR TECHNICAL ASSISTANCE.—In 

addition to grants under paragraph (1), the Administrator may 

make grants to, or enter into cooperative agreements or contracts with, any grantee for the purpose of providing, in cooperation with one or more small business development centers, 

technical assistance to small business concerns seeking to establish a drug-free workplace program.’’. 

(b) 2-YEAR GRANTS.—Section 27(b) of the Small Business Act 

(15 U.S.C. 654(b)), as amended by subsection (a), is further amended by adding at the end the following: 

‘‘(3) 2-YEAR GRANTS.—Each grant made under this subsection shall be for a period of 2 years, subject to an annual 

performance review by the Administrator.’’. 

648 

SEC. 125. DRUG-FREE COMMUNITIES COALITIONS AS ELIGIBLE INTERMEDIARIES. 

Section 27(a)(2)(D) of the Small Business Act (15 U.S.C. 

654(a)(2)) is amended to read as follows: 

‘‘(D)(i) the purpose of which is— 

‘‘(I) to develop comprehensive drug-free workplace programs or to supply drug-free workplace 

services; or 

‘‘(II) to provide other forms of assistance and 

services to small business concerns; or 

‘‘(ii) that is eligible to receive a grant under chapter 2 of the National Narcotics Leadership Act of 1988 

(21 U.S.C. 1521 et seq.).’’. 

SEC. 126. PROMOTION OF EFFECTIVE PRACTICES OF ELIGIBLE INTERMEDIARIES. 

Section 27(c) of the Small Business Act (15 U.S.C. 654(c)) is 

amended to read as follows: 

‘‘(c) PROMOTION OF EFFECTIVE PRACTICES OF ELIGIBLE INTER- MEDIARIES.— 

‘‘(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.’’. 

649 

SEC. 127. REPORT TO CONGRESS. 

Not later than March 31, 2006, the Administrator, in consultation with the Secretary of Labor, the Secretary of Health and 

Human Services, and the Director of National Drug Control Policy, 

shall submit to Congress a report that— 

(1) analyzes the information collected under section 27(c) of 

the Small Business Act; 

(2) identifies trends in such information; and 

(3) evaluates the effectiveness of the drug-free workplace 

programs established with assistance under section 27 of the 

Small Business Act (15 U.S.C. 654). 

Subtitle C—Administration Management 

SEC. 131. LENDER EXAMINATION AND REVIEW FEES. 

Section 5(b) of the Small Business Act (15 U.S.C. 634(b)) is 

amended— 

(1) in paragraph (12), by striking ‘‘and’’ at the end; 

(2) in paragraph (13), by striking the period at the end and 

inserting ‘‘; and’’; and 

(3) by adding at the end the following: 

‘‘(14) require any lender authorized to make loans under 

section 7 of this Act to pay examination and review fees, which 

shall be deposited in the account for salaries and expenses of 

the Administration, and shall be available for the costs of examinations, reviews, and other lender oversight activities.’’. 

SEC. 132. GIFTS AND CO-SPONSORSHIP OF EVENTS. 

(a) IN GENERAL.—Section 4 of the Small Business Act (15 

U.S.C. 633) is amended by adding at the end the following: 

‘‘(g) GIFTS.— ‘‘(1) IN GENERAL.—The Administrator may, for purposes of 

this Act, the Small Business Investment Act of 1954, and title 

IV of the Women’s Business Ownership Act of 1988, solicit, accept, hold, administer, utilize, and dispose of gifts, devises, and 

bequests of cash, property (including tangible, intangible, real, 

and personal), subsistence, and services. Notwithstanding any 

other provision of law, the Administrator may utilize gifts, devises, or bequests for marketing and outreach activities, including the cost of promotional materials and wearing apparel. 

‘‘(2) AUDITS.—Any gift, devise, or bequest of cash accepted 

by the Administrator shall be held in a separate account and 

shall be subject to semi-annual audits by the Inspector General 

of the Administration who shall report his findings to the Congress. 

‘‘(3) CONFLICTS OF INTEREST.—No gift, devise, or bequest 

shall be solicited or accepted under the authority of this subsection if such solicitation or acceptance would, in the determination of the General Counsel, create a conflict of interest. 

‘‘(4) ACCEPTANCE OF SERVICES AND FACILITIES FOR DISASTER LOAN PROGRAM.—The Administrator may accept the services and facilities of Federal, State, and local agencies and 

groups, both public and private, and utilize such gratuitous 

services and facilities as may, from time to time, be necessary, 

to further the objectives of section 7(b). 

650 

‘‘(h) CO-SPONSORSHIP OF EVENTS.— 

‘‘(1) AUTHORIZATION.—The Administrator, after consultation with the General Counsel, may provide assistance for the 

benefit of small business through Administration-sponsored activities, through cosponsored activities with any eligible entity, 

or through such other activities that the Administrator determines to be appropriate, including recognition events. 

‘‘(2) ELIGIBLE ENTITY.—For purposes of this subsection, the 

term ‘eligible entity’ means any for-profit or not-for-profit entity, 

any Federal, State, or local government official, or any Federal, 

State, or local government entity. 

‘‘(3) PROHIBITION ON ENDORSEMENTS.—The Administrator 

shall ensure that the Administration and any eligible entities 

that cosponsor activities receive appropriate recognition for such 

cosponsorship, and that such recognition does not constitute or 

imply an endorsement by the Administration of any product or 

service of such entity. 

‘‘(4) AUTHORITY TO CHARGE FEES.—Notwithstanding any 

other provision of law, the Administrator may charge a participant in any activity sponsored or cosponsored by the Administration a minimal fee, and retain and use such fee to cover the 

costs of such activity. 

‘‘(5) LIMITED DELEGATION.—The Administrator may not 

delegate the authority described in this subsection except to the 

Deputy Administrator, an Associate Administrator, or an Assistant Administrator. 

‘‘(6) REPORT TO CONGRESS.—The Inspector General of the 

Administration shall report semi-annually to Congress on the 

Administrator’s use of authority under this subsection. 

‘‘(7) RULEMAKING.—Not later than 180 days after the date 

of enactment of this subsection, the Administrator shall promulgate regulations to carry out the provisions of this subsection.’’. 

(b) CONFORMING AMENDMENTS.—Section 8(b)(1)(A) of the Small 

Business Act (15 U.S.C. 637(b)(1)(A)) is amended— 

(1) by striking clause (ii); 

(2) by striking ‘‘(1)(A) to provide—’’ and all that follows 

through ‘‘business concerns—’’ and inserting the following: 

‘‘(1)(A) to provide technical, managerial, and informational 

aids to small business concerns—’’; 

(3) by redesignating subclauses (I) through (IV) as clauses 

(i) through (iv), respectively; 

(4) by redesignating items (aa) and (bb) of clause (ii), as so 

redesignated by paragraph (3), as subclauses (I) and (II), respectively; and 

(5) by striking ‘‘; and’’ at the end of clause (iv), as so redesignated by paragraph (3), and inserting a period. 

(c) SUNSET PROVISION.—The amendments made by this section 

are repealed on October 1, 2006. 

651 

Subtitle D—Entrepreneurial Development 

Programs 

CHAPTER 1—OFFICE OF ENTREPRENEURIAL 

DEVELOPMENT 

SEC. 141. SERVICE CORPS OF RETIRED EXECUTIVES. 

(a) IN GENERAL.—Section 8(b)(1)(B) of the Small Business Act 

(15 U.S.C. 637(b)(1)(B)) is amended— 

(1) by striking ‘‘this Act; and to’’, and inserting ‘‘this Act. 

To’’; 

(2) by striking ‘‘may maintain at its headquarters’’ and all 

that follows through ‘‘That any’’ and inserting ‘‘shall maintain 

at its headquarters and pay the salaries, benefits, and expenses 

of a volunteer and professional staff to manage and oversee the 

program. Any’’; and 

(3) by striking the period at the end and inserting ‘‘and the 

management of the contributions received.’’. 

(b) REGULATIONS.—The Administration shall, not later than 

180 days after the date of enactment of this Act, promulgate regulations to carry out the amendments made by subsection (a). 

SEC. 142. SMALL BUSINESS DEVELOPMENT CENTER PROGRAM. 

(a) PRIVACY REQUIREMENTS.—Section 21(a) of the Small Business Act (15 U.S.C. 648(a)) is amended by adding at the end the following: 

‘‘(7) PRIVACY REQUIREMENTS.— 

‘‘(A) IN GENERAL.—A small business development center, consortium of small business development centers, or 

contractor or agent of a small business development center 

may not disclose the name, address, or telephone number of 

any individual or small business concern receiving assistance under this section without the consent of such individual or small business concern, unless— 

‘‘(i) the Administrator is ordered to make such a 

disclosure by a court in any civil or criminal enforcement action initiated by a Federal or State agency; or 

‘‘(ii) the Administrator considers such a disclosure 

to be necessary for the purpose of conducting a financial audit of a small business development center, but 

a disclosure under this clause shall be limited to the 

information necessary for such audit. 

‘‘(B) ADMINISTRATOR USE OF INFORMATION.—This section shall not— 

‘‘(i) restrict Administrator access to program activity data; or 

‘‘(ii) prevent the Administrator from using client 

information to conduct client surveys. 

‘‘(C) REGULATIONS.— 

‘‘(i) IN GENERAL.—The Administrator shall issue 

regulations to establish standards— 

‘‘(I) for disclosures with respect to financial 

audits under subparagraph (A)(ii); and 

‘‘(II) for client surveys under subparagraph 

(B)(ii), including standards for oversight of such 

652 

surveys and for dissemination and use of client information. 

‘‘(ii) MAXIMUM PRIVACY PROTECTION.—Regulations 

under this subparagraph, shall, to the extent practicable, provide for the maximum amount of privacy 

protection. 

‘‘(iii) INSPECTOR GENERAL.—Until the effective date 

of regulations under this subparagraph, any client survey and the use of such information shall be approved 

by the Inspector General who shall include such approval in his semi-annual report.’’. 

(b) TERM CHANGE.—Section 21(k) of the Small Business Act (15 

U.S.C. 648(k)) is amended— 

(1) by striking ‘‘CERTIFICATION’’ each place it appears and 

inserting ‘‘ACCREDITATION’’; and 

(2) by striking ‘‘certification’’ each place it appears and inserting ‘‘accreditation’’. 

CHAPTER 2—OFFICE OF VETERANS BUSINESS 

DEVELOPMENT 

SEC. 143. ADVISORY COMMITTEE ON VETERANS BUSINESS AFFAIRS. 

(a) RETENTION OF DUTIES.—Section 33(h) of the Small Business 

Act (15 U.S.C. 657c(h)) is amended by striking ‘‘October 1, 2004’’ 

and inserting ‘‘October 1, 2006’’. 

(b) EXTENSION OF AUTHORITY.—Section 203(h) of the Veterans 

Entrepreneurship and Small Business Development Act of 1999 (15 

U.S.C. 657b note) is amended by striking ‘‘September 30, 2004’’ and 

inserting ‘‘September 30, 2006’’. 

SEC. 144. OUTREACH GRANTS FOR VETERANS. 

Section 8(b)(17) of the Small Business Act (15 U.S.C. 

637(b)(17)) is amended by inserting before the period at the end the 

following: ‘‘, veterans, and members of a reserve component of the 

Armed Forces’’. 

SEC. 145. AUTHORIZATION OF APPROPRIATIONS. 

Section 32 of the Small Business Act (15 U.S.C. 657b) is 

amended by adding at the end the following: 

‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 

to be appropriated to carry out this section— ‘‘(1) $1,500,000 for fiscal year 2005; and 

‘‘(2) $2,000,000 for fiscal year 2006.’’. 

SEC. 146. NATIONAL VETERANS BUSINESS DEVELOPMENT CORPORATION. 

Section 33(a) of the Small Business Act (15 U.S.C. 657c(a)) is 

amended by adding at the end the following: ‘‘Notwithstanding any 

other provision of law, the Corporation is a private entity and is not 

an agency, instrumentality, authority, entity, or establishment of the 

United States Government.’’. 

CHAPTER 3—MANUFACTURING AND ENTREPRENEURIAL 

DEVELOPMENT 

SEC. 147. SMALL BUSINESS MANUFACTURING TASK FORCE. 

(a) ESTABLISHMENT.—The Administrator of the Small Business 

Administration (referred to in this subtitle as the ‘‘Administrator’’) 

653 

shall establish a Small Business Manufacturing Task Force (referred to in this section as the ‘‘Task Force’’) to address the concerns 

of small manufacturers. 

(b) CHAIR.—The Administrator shall assign a member of the 

Task Force to serve as chair of the Task Force. 

(c) DUTIES.—The Task Force shall— 

(1) evaluate and identify whether programs and services 

are sufficient to serve the needs of small manufacturers; 

(2) actively promote the programs and services of the Small 

Business Administration that serve small manufacturers; and 

(3) identify and study the unique conditions facing small 

manufacturers and develop and propose policy initiatives to 

support and assist small manufacturers. 

(d) MEETINGS.— 

(1) FREQUENCY.—The Task Force shall meet not less than 

4 times per year, and more frequently if necessary to perform 

its duties. 

(2) QUORUM.—A majority of the members of the Task Force 

shall constitute a quorum to approve recommendations or reports. 

(e) PERSONNEL MATTERS.— 

(1) COMPENSATION OF MEMBERS.—Each member of the 

Task Force shall serve without compensation in addition to that 

received for services rendered as an officer or employee of the 

United States. 

(2) DETAIL OF SBA EMPLOYEES.—Any employee of the Small 

Business Administration may be detailed to the Task Force 

without reimbursement, and such detail shall be without interruption or loss of civil service status or privilege. 

(f) REPORT.—Not later than 1 year after the date of enactment 

of this Act, and annually thereafter, the Task Force shall submit a 

report containing the findings and recommendations of the task 

force to— 

(1) the President; 

(2) the Committee on Small Business and Entrepreneurship 

of the Senate; and 

(3) the Committee on Small Business of the House of Representatives. 

Subtitle E—HUBZone Program 

SEC. 151. STREAMLINING AND REVISION OF HUBZONE ELIGIBILITY REQUIREMENTS. 

(a) IN GENERAL.—Section 3(p) of the Small Business Act (15 

U.S.C. 632(p)) is amended— 

(1) in paragraph (3)— 

(A) by amending subparagraph (A) to read as follows: 

‘‘(A) a small business concern that is at least 51 percent 

owned and controlled by United States citizens;’’ 

(B) in subparagraph (C), by striking ‘‘or’’ at the end; 

(C) in subparagraph (D)(ii), by striking the period at 

the end and inserting ‘‘; or’’; and 

(D) by adding at the end the following: 

‘‘(E) a small business concern that is— 

654 

‘‘(i) a small agricultural cooperative organized or 

incorporated in the United States; 

‘‘(ii) wholly owned by 1 or more small agricultural 

cooperatives organized or incorporated in the United 

States; or 

‘‘(iii) owned in part by 1 or more small agricultural cooperatives organized or incorporated in the 

United States, if all owners are small business concerns or United States citizens.’’; and 

(2) in paragraph (5)(A)(i)(I)(aa), by striking ‘‘or (D)’’ and inserting ‘‘(C), (D), or (E)’’. 

(b) CONFORMING AMENDMENT.—Section 3(j) of the Small Business Act (15 U.S.C. 632(j)) is amended by striking ‘‘of section 

7(b)(2)’’. 

SEC. 152. EXPANSION OF QUALIFIED AREAS. 

(a) TREATMENT OF CERTAIN AREAS AS HUBZONES.— (1) BASE CLOSURE AREAS.—Section 3(p)(1) of the Small 

Business Act (15 U.S.C. 632(p)(1)) is amended— 

(A) in subparagraph (C), by striking ‘‘or’’ at the end; 

(B) in subparagraph (D), by striking the period at the 

end and inserting ‘‘; or’’; and 

(C) by adding at the end the following: 

‘‘(E) base closure areas.’’ 

(2) HUBZONE STATUS TIME LINE AND COMMENCEMENT.—A 

base closure area that has undergone final closure shall be 

treated as a HUBZone for purposes of the Small Business Act 

for a period of 5 years. 

(3) DEFINITION.—Section 3(p)(4) of the Small Business Act 

(15 U.S.C. 632(p)(4)) is amended by adding at the end the following: 

‘‘(D) BASE CLOSURE AREA.—The term ‘base closure area’ 

means lands within the external boundaries of a military 

installation that were closed through a privatization process under the authority of— 

‘‘(i) the Defense Base Closure and Realignment Act 

of 1990 (part A of title XXIX of Division B of Public 

Law 101–510; 10 U.S.C. 2687 note); 

‘‘(ii) title II of the Defense Authorization Amendments and Base Closure and Realignment Act (Public 

Law 100–526; 10 U.S.C. 2687 note); 

‘‘(iii) section 2687 of title 10, United States Code; 

or 

‘‘(iv) any other provision of law authorizing or directing the Secretary of Defense or the Secretary of a 

military department to dispose of real property at the 

military installation for purposes relating to base closures of redevelopment, while retaining the authority to 

enter into a leaseback of all or a portion of the property 

for military use.’’ 

(b) QUALIFIED NONMETROPOLITAN COUNTY.—Section 

3(p)(4)(B)(ii)(II) of the Small Business Act (15 U.S.C. 

632(p)(4)(B)(ii)(II)) is amended to read as follows: 

‘‘(II) the unemployment rate is not less than 

140 percent of the average unemployment rate for 

the United States or for the State in which such 

655 

county is located, whichever is less, based on the 

most recent data available from the Secretary of 

Labor.’’ 

(c) TEMPORARY QUALIFIED AREAS EXTENSION AND QUALIFIED

AREAS STUDY.— (1) REDESIGNATED AREA.—Section 3(p)(4)(C) of the Small 

Business Act (15 U.S.C. 632(p)(4)(C)) is amended by striking 

‘‘only for the 3-year period following’’ and inserting the following: 

‘‘ only until the later of— 

‘‘(i) the date on which the Census Bureau publicly 

releases the first results from the 2010 decennial census; or 

‘‘(ii) 3 years after’’ 

(2) STUDY AND REPORT.— (A) STUDY.—The Independent Office of Advocacy of the 

Small Business Administration shall conduct a study of the 

HUBZone program to measure the effectiveness of the definitions under section 3(p)(4) of the Small Business Act (15 

U.S.C. 632(p)(4)) relating to HUBZone qualified areas for 

the purposes of economic impact on small business development and jobs creation. 

(B) REPORT.—Not later than May 1, 2008, the Independent Office of Advocacy shall submit a report to the 

Committee on Small Business and Entrepreneurship of the 

Senate and the Committee on Small Business of the House 

of Representatives that contains— 

(i) the results of the study conducted under paragraph (1); and 

(ii) any proposed changes to the existing definitions 

under section 3(p)(4) of the Small Business Act (15 

U.S.C. 632(p)(4)) relating to HUBZone qualified areas. 

SEC. 153. PRICE EVALUATION PREFERENCE. 

Section 31(b)(3) of the Small Business Act (15 U.S.C. 

657a(b)(3)) is amended— 

(1) by redesignating subparagraph (C) as subparagraph 

(D); and 

(2) by adding at the end the following: 

‘‘(C) PROCUREMENT OF COMMODITIES FOR INTERNATIONAL FOOD AID EXPORT OPERATIONS.—The price evaluation preference for purchases of agricultural commodities 

by the Secretary of Agriculture for export operations 

through international food aid programs administered by 

the Farm Service Agency shall be 5 percent on the first portion of a contract to be awarded that is not greater than 20 

percent of the total volume of each commodity being procured in a single invitation.’’ 

SEC. 154. HUBZONE AUTHORIZATIONS. 

Section 31(d) of the Small Business Act (15 U.S.C. 657a(d)) is 

amended by striking ‘‘2001 through 2003’’ and inserting ‘‘2004 

through 2006’’. 

SEC. 155. PARTICIPATION IN FEDERALLY FUNDED PROJECTS. 

Any small business concern that is certified, or otherwise meets 

the criteria for participation in any program under section 8(a) of 

656 

the Small Business Act (15 U.S.C. 637(a)), shall not be required by 

any State, or political subdivision thereof, to meet additional criteria or certification, unrelated to the capability to provide the requested products or services, in order to participate as a small disadvantaged business in any program or project that is funded, in 

whole or in part, by the Federal Government. 

Subtitle F—Small Business Lending 

Companies 

SEC. 161. SUPERVISORY AND ENFORCEMENT AUTHORITY FOR SMALL 

BUSINESS LENDING COMPANIES. 

Section 23 of the Small Business Act (15 U.S.C. 650) is amended to read as follows: 

‘‘SEC. 23. SUPERVISORY AND ENFORCEMENT AUTHORITY FOR SMALL 

BUSINESS LENDING COMPANIES. 

‘‘(a) IN GENERAL.—The Administrator is authorized— 

‘‘(1) to supervise the safety and soundness of small business 

lending companies and non-Federally regulated lenders; 

‘‘(2) with respect to small business lending companies to set 

capital standards to regulate, to examine, and to enforce laws 

governing such companies, in accordance with the purposes of 

this Act; and 

‘‘(3) with respect to non-Federally regulated lenders to regulate, to examine, and to enforce laws governing the lending activities of such lenders under section 7(a) in accordance with 

the purposes of this Act. 

‘‘(b) CAPITAL DIRECTIVE.— ‘‘(1) IN GENERAL.—If the Administrator determines that a 

small business lending company is being operated in an imprudent manner, the Administrator may, in addition to any other 

action authorized by law, issue a directive to such company to 

increase capital to such level as the Administrator determines 

will result in the safe and sound operation of such company. 

‘‘(2) DELEGATION.—The Administrator may not delegate the 

authority granted under paragraph (1) except to an Associate 

Deputy Administrator. 

‘‘(3) REGULATIONS.—The Administrator shall issue regulations outlining the conditions under which the Administrator 

may determine the level of capital pursuant to paragraph (1). 

‘‘(c) CIVIL ACTION.—If a small business lending company violates this Act, the Administrator may institute a civil action in an 

appropriate district court to terminate the rights, privileges, and 

franchises of the company under this Act. 

‘‘(d) REVOCATION OR SUSPENSION OF LOAN AUTHORITY.— 

‘‘(1) The Administrator may revoke or suspend the authority of a small business lending company or a non-Federally regulated lender to make, service or liquidate business loans authorized by section 7(a) of this Act— 

‘‘(A) for false statements knowingly made in any written submission required under this Act; 

‘‘(B) for omission of a material fact from any written 

submission required under this Act; 

‘‘(C) for willful or repeated violation of this Act; 

657 

‘‘(D) for willful or repeated violation of any condition 

imposed by the Administrator with respect to any application, request, or agreement under this Act; or 

‘‘(E) for violation of any cease and desist order of the 

Administrator under this section. 

‘‘(2) The Administrator may revoke or suspend authority 

under paragraph (1) only after a hearing under subsection (f). 

The Administrator may delegate power to revoke or suspend authority under paragraph (1) only to the Deputy Administrator 

and only if the Administrator is unavailable to take such action. 

‘‘(A) The Administrator, after finding extraordinary circumstances and in order to protect the financial or legal 

position of the United States, may issue a suspension order 

without conducting a hearing pursuant to subsection (f). If 

the Administrator issues a suspension under the preceding 

sentence, the Administrator shall within two business days 

follow the procedures set forth in subsection (f). 

‘‘(B) Any suspension under paragraph (1) shall remain 

in effect until the Administrator makes a decision pursuant 

to subparagraph (4) to permanently revoke the authority of 

the small business lending company or non-Federally regulated lender, suspend the authority for a time certain, or 

terminate the suspension. 

‘‘(3) The small business lending company or non-Federally 

regulated lender must notify borrowers of a revocation and that 

a new entity has been appointed to service their loans. The Administrator or an employee of the Administration designated by 

the Administrator may provide such notice to the borrower. 

‘‘(4) Any revocation or suspension under paragraph (1) 

shall be made by the Administrator except that the Administrator shall delegate to an administrative law judge as that 

term is used in section 3105 of title 5, United States Code the 

authority to conduct any hearing required under subsection (f). 

The Administrator shall base the decision to revoke on the 

record of the hearing. 

‘‘(e) CEASE AND DESIST ORDER.— 

‘‘(1) Where a small business lending company, a non-Federally regulated lender, or other person violates this Act or is engaging or is about to engage in any acts or practices which constitute or will constitute a violation of this Act, the Administrator may order, after the opportunity for hearing pursuant to 

subsection (f), the company, lender, or other person to cease and 

desist from such action or failure to act. The Administrator 

may delegate the authority under the preceding sentence only to 

the Deputy Administrator and only if the Administrator is unavailable to take such action. 

‘‘(2) The Administrator, after finding extraordinary circumstances and in order to protect the financial or legal position of the United States, may issue a cease and desist order 

without conducting a hearing pursuant to subsection (f). If the 

Administrator issues a cease and desist order under the preceding sentence, the Administrator shall within two business 

days follow the procedures set forth in subsection (f). 

658 

‘‘(3) The Administrator may further order such small business lending company or non-Federally regulated lender or 

other person to take such action or to refrain from such action 

as the Administrator deems necessary to insure compliance with 

this Act. 

‘‘(4) A cease and desist order under this subsection may 

also provide for the suspension of authority to lend in subsection (d). 

‘‘(f) PROCEDURE FOR REVOCATION OR SUSPENSION OF LOAN AUTHORITY AND FOR CEASE AND DESIST ORDER.— 

‘‘(1) Before revoking or suspending authority under subsection (d) or issuing a cease and desist order under subsection 

(e), the Administrator shall serve an order to show cause upon 

the small business lending company, non-Federally regulated 

lender, or other person why an order revoking or suspending 

the authority or a cease and desist order should not be issued. 

The order to show cause shall contain a statement of the matters of fact and law asserted by the Administrator and the legal 

authority and jurisdiction under which a hearing is to be held, 

and shall set forth that a hearing will be held before an administrative law judge at a time and place stated in the order. 

Such hearing shall be conducted pursuant to the provisions of 

sections 554, 556, and 557 of title 5, United States Code. If 

after hearing, or a waiver thereof, the Administrator determines 

that an order revoking or suspending the authority or a cease 

and desist order should be issued, the Administrator shall 

promptly issue such order, which shall include a statement of 

the findings of the Administrator and the grounds and reasons 

therefor and specify the effective date of the order, and shall 

cause the order to be served on the small business lending company, non-Federally regulated lender, or other person involved. 

‘‘(2) Witnesses summoned before the Administrator shall be 

paid by the party at whose instance they were called the same 

fees and mileage that are paid witnesses in the courts of the 

United States. 

‘‘(3) A cease and desist order, suspension or revocation 

issued by the Administrator, after the hearing under this subsection is final agency action for purposes of chapter 7 of title 

5, United States Code. An adversely aggrieved party shall have 

20 days from the date of issuance of the cease and desist order, 

suspension or revocation, to seek judicial review in an appropriate district court. 

‘‘(g) REMOVAL OR SUSPENSION OF MANAGEMENT OFFICIAL.— 

‘‘(1) DEFINITION.—In this section, the term ‘management official’ means, with respect to a small business lending company 

or a non-Federally regulated lender, an officer, director, general 

partner, manager, employee, agent, or other participant in the 

management of the affairs of the company’s or lender’s activities 

under section 7(a) of this Act. 

‘‘(2) REMOVAL OF MANAGEMENT OFFICIAL.— 

‘‘(A) NOTICE.—The Administrator may serve upon any 

management official a written notice of its intention to remove that management official if, in the opinion of the Administrator, the management official— 

659 

‘‘(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— 

‘‘(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. 

660 

‘‘(3) AUTHORITY TO SUSPEND OR PROHIBIT PARTICIPATION.— ‘‘(A) IN GENERAL.—In order to protect a small business 

lending company, a non-Federally regulated lender or the 

interests of the Administration or the United States, the 

Administrator may suspend from office or prohibit from 

further participation in any manner in the management or 

conduct of the affairs of a small business lending company 

or a non-Federally regulated lender a management official 

by written notice to such effect served upon the management official. Such suspension or prohibition may prohibit 

the management official from making, servicing, reviewing, 

approving, or liquidating any loan under section 7(a) of 

this Act. 

‘‘(B) EFFECTIVENESS.—A suspension or prohibition 

under subparagraph (A)— 

‘‘(i) shall take effect upon service of notice under 

paragraph (2); and 

‘‘(ii) unless stayed by a court in proceedings authorized by subparagraph (C), shall remain in effect— 

‘‘(I) pending the completion of the administrative proceedings pursuant to a notice of intention 

to remove served under paragraph (2); and 

‘‘(II) until such time as the Administrator dismisses the charges specified in the notice, or, if an 

order of removal or prohibition is issued against 

the management official, until the effective date of 

any such order. 

‘‘(C) JUDICIAL REVIEW OF SUSPENSION PRIOR TO HEARING.—Not later than 10 days after a management official 

is suspended or prohibited from participation under subparagraph (A), the management official may apply to an 

appropriate district court for a stay of the suspension or 

prohibition pending the completion of the administrative 

proceedings pursuant to a notice of intent to remove served 

upon the management official under paragraph (2). 

‘‘(4) AUTHORITY TO SUSPEND ON CRIMINAL CHARGES.— ‘‘(A) IN GENERAL.—If a management official is charged 

in any information, indictment, or complaint authorized by 

a United States attorney, with a felony involving dishonesty 

or breach of trust, the Administrator may, by written notice 

served upon the management official, suspend the management official from office or prohibit the management official from further participation in any manner in the management or conduct of the affairs of the small business 

lending company or non-Federally regulated lender. 

‘‘(B) EFFECTIVENESS.—A suspension or prohibition 

under subparagraph (A) shall remain in effect until the information, indictment, or complaint is finally disposed of, 

or until terminated by the Administrator or upon an order 

of a district court. 

‘‘(C) AUTHORITY UPON CONVICTION.—If a judgment of 

conviction with respect to an offense described in subparagraph (A) is entered against a management official, then at 

such time as the judgment is not subject to further judicial 

review (and for purposes of this subparagraph shall not inVerDate Aug 04 2004 07:33 Dec 01, 2004 Jkt 096906 PO 00000 Frm 00664 Fmt 6659 Sfmt 6603 E:\HR\OC\HR792.XXX HR792
661 

clude 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 DISPOSI- TION.—A finding of not guilty or other disposition of 

charges described in subparagraph (A) shall not preclude 

the Administrator from instituting proceedings under subsection (e) or (f). 

‘‘(5) NOTIFICATION TO SMALL BUSINESS LENDING COMPANY

OR A NON-FEDERALLY REGULATED LENDER.—Copies of each notice required to be served on a management official under this 

section shall also be served upon the small business lending 

company or non-Federally regulated lender involved. 

‘‘(6) FINAL AGENCY ACTION AND JUDICIAL REVIEW.— 

‘‘(A) ISSUANCE OF ORDERS.—After a hearing under this 

subsection, and not later than 30 days after the Administrator notifies the parties that the case has been submitted 

for final decision, the Administrator shall render a decision 

in the matter (which shall include findings of fact upon 

which its decision is predicated), and shall issue and cause 

to be served upon each party to the proceeding an order or 

orders consistent with this section. The decision of the Administrator shall constitute final agency action for purposes 

of chapter 7 of title 5, United States Code. 

‘‘(B) JUDICIAL REVIEW.—An adversely aggrieved party 

shall have 20 days from the date of issuance of the order 

to seek judicial review in an appropriate district court. 

‘‘(h) APPOINTMENT OF RECEIVER.— 

‘‘(1) In any proceeding under subsection (f)(4) or subsection 

(g)(6)(C), the court may take exclusive jurisdiction of a small 

business lending company or a non-Federally regulated lender 

and appoint a receiver to hold and administer the assets of the 

company or lender. 

‘‘(2) Upon request of the Administrator, the court may appoint the Administrator as a receiver under paragraph (1). 

‘‘(i) POSSESSION OF ASSETS.— ‘‘(1) If a small business lending company or a non-Federally regulated lender is not in compliance with capital requirements or is insolvent, the Administrator may take possession of 

the portfolio of loans guaranteed by the Administrator and sell 

such loans to a third party by means of a receiver appointed 

under subsection (h). 

‘‘(2) If a small business lending company or a non-Federally regulated lender is not in compliance with capital requirements or is insolvent or otherwise operating in an unsafe and 

unsound condition, the Administrator may take possession of 

servicing activities of loans that are guaranteed by the Administrator and sell such servicing rights to a third party by means 

of a receiver appointed under subsection (h). 

‘‘(j) PENALTIES AND FORFEITURES.— ‘‘(1) Except as provided in paragraph (2), a small business 

lending company or a non-Federally regulated lender which 

violates any regulation or written directive issued by the AdVerDate Aug 04 2004 07:33 Dec 01, 2004 Jkt 096906 PO 00000 Frm 00665 Fmt 6659 Sfmt 6603 E:\HR\OC\HR792.XXX HR792
662 

ministrator regarding the filing of any regular or special report 

shall pay to the United States a civil penalty of not more than 

$5,000 for each day of the continuance of the failure to file such 

report, unless it is shown that such failure is due to reasonable 

cause and not due to willful neglect. The civil penalties under 

this subsection may be enforced in a civil action brought by the 

Administrator. The penalties under this subsection shall not 

apply to any affiliate of a small business lending company that 

procures at least 10 percent of its annual purchasing requirements from small manufacturers. 

‘‘(2) The Administrator may by rules and regulations that 

shall be codified in the Code of Federal Regulations, after an 

opportunity for notice and comment, or upon application of an 

interested party, at any time previous to such failure, by order, 

after notice and opportunity for hearing which shall be conducted pursuant to sections 554, 556, and 557 of title 5, United 

States Code, exempt in whole or in part, any small business 

lending company or non-Federally regulated lender from paragraph (1), upon such terms and conditions and for such period 

of time as it deems necessary and appropriate, if the Administrator finds that such action is not inconsistent with the public 

interest or the protection of the Administration. The Administrator may for the purposes of this section make any alternative 

requirements appropriate to the situation.’’. 

SEC. 162. DEFINITIONS RELATING TO SMALL BUSINESS LENDING COMPANIES. 

Section 3 of the Small Business Act (15 U.S.C. 632) is amended 

by adding at the end the following new subsection: 

‘‘(r) DEFINITIONS RELATING TO SMALL BUSINESS LENDING COMPANIES.—As used in section 23 of this Act: 

‘‘(1) SMALL BUSINESS LENDING COMPANY.—The term ‘small 

business lending company’ means a business concern that is authorized by the Administrator to make loans pursuant to section 

7(a) and whose lending activities are not subject to regulation 

by any Federal or State regulatory agency. 

‘‘(2) NON-FEDERALLY REGULATED SBA LENDER.—The term 

‘non-Federally regulated SBA lender’ means a business concern 

if— 

‘‘(A) such concern is authorized by the Administrator to 

make loans under section 7; 

‘‘(B) such concern is subject to regulation by a State; 

and 

‘‘(C) the lending activities of such concern are not regulated by any Federal banking authority.’’. 

TITLE II—MISCELLANEOUS 

AMENDMENTS 

SEC. 201. AMENDMENT TO DEFINITION OF EQUITY CAPITAL WITH RESPECT TO ISSUERS OF PARTICIPATING SECURITIES. 

Section 303(g)(4) of the Small Business Investment Act of 1958 

(15 U.S.C. 683 (g)(4)) is amended— 

(1) in the first sentence, by striking ‘‘subsection’’ and inserting ‘‘Act’’; and 

663 

(2) in the second sentence, by striking ‘‘contingent upon and 

limited to the extent of earnings’’ and inserting ‘‘from appropriate sources, as determined by the Administration’’. 

SEC. 202. INVESTMENT OF EXCESS FUNDS. 

Section 308(b) of the Small Business Investment Act (15 U.S.C. 

687(b)) is amended by striking the last sentence and inserting the 

following: ‘‘Any such company that is licensed before October 1, 

2004 and has outstanding financings is authorized to invest funds 

not needed for its operations— 

‘‘(1) in direct obligations of, or obligations guaranteed as to 

principal and interest by, the United States; 

‘‘(2) in certificates of deposit or other accounts of federally 

insured banks or other federally insured depository institutions, 

if the certificates or other accounts mature or are otherwise fully 

available not more than 1 year after the date of the investment; 

or 

‘‘(3) in mutual funds, securities, or other instruments that 

consist of, or represent pooled assets of, investments described 

in paragraphs (1) or (2).’’. 

SEC. 203. SURETY BOND AMENDMENTS. 

(a) CLARIFICATION OF MAXIMUM SURETY BOND GUARANTEE.— 

Section 411(a)(1) of the Small Business Investment Act of 1958 (15 

U.S.C. 694b(a)(1)) is amended by striking ‘‘contract up to’’ and inserting ‘‘total work order or contract amount at the time of bond execution that does not exceed’’. 

(b) AUDIT FREQUENCY.—Section 411(g)(3) of the Small Business 

Investment Act of 1958 (15 U.S.C. 694b(g)(3)) is amended by striking ‘‘each year’’ and inserting ‘‘every three years’’. 

(c) REPEAL.—Section 207 of the Small Business Reauthorization 

and Amendment Act of 1988 (15 U.S.C. 694b note) is repealed. 

SEC. 204. EFFECTIVE DATE FOR CERTAIN FEES. 

Section 503(f) of the Small Business Investment Act of 1958 (15 

U.S.C. 697(f)) is amended by striking ‘‘, but’’ and all that follows 

through the end and inserting a period. 

And the Senate agree to the same. 

JIM KOLBE, 

JOE KNOLLENBERG, 

JERRY LEWIS, 

ROGER F. WICKER, 

HENRY BONILLA, 

DAVID VITTER, 

MARK STEVEN KIRK, 

ANDER CRENSHAW, 

BILL YOUNG, 

RALPH REGULA, 

DAVID L. HOBSON, 

STEVEN R. ROTHMAN, 

Managers on the Part of the House. 

MITCH MCCONNELL, 

THAD COCHRAN, 

JUDD GREGG, 

RICHARD C. SHELBY, 

ROBERT F. BENNETT, 

664 

BEN NIGHTHORSE CAMPBELL, CHRISTOPHER S. BOND, MIKE DEWINE, TED STEVENS, Managers on the Part of the Senate. 

(665) 

JOINT EXPLANATORY STATEMENT OF THE COMMITTEE OF 

CONFERENCE 

The managers on the part of the House and Senate at the conference on the disagreeing votes of the two Houses on the amendment of the Senate to the bill (H.R. 4818) making appropriations 

for foreign operations, export financing, and related programs for 

the fiscal year ending September 30, 2005, and for other purposes, 

submit the following joint statement to the House and Senate in 

explanation of the effect of the action agreed upon by the managers 

and recommended in the accompanying conference report. 

This conference agreement includes the Agriculture, Rural Development, Food and Drug Administration, and Related Agencies 

Appropriations Act, 2005; the Departments of Commerce, Justice, 

and State, the Judiciary, and Related Agencies Appropriations Act, 

2005; the Energy and Water Development Appropriations Act, 

2005; the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 2005; the Interior and Related Agencies 

Appropriations Act, 2005; the Departments of Labor, Health and 

Human Services, and Education, and Related Agencies Appropriations Act, 2005; the Legislative Branch Appropriations Act, 2005; 

the Transportation, Treasury, and Independent Agencies Appropriations Act, 2005; the Departments of Veterans Affairs and Housing and Urban Development, and Independent Agencies Appropriations Act, 2005; and other matters included in division J. 

DIVISION A—AGRICULTURE, RURAL DEVELOPMENT, FOOD 

AND DRUG ADMINISTRATION, AND RELATED AGENCIES 

APPROPRIATIONS ACT, 2005 

CONGRESSIONAL DIRECTIVES 

The statement of the managers remains silent on provisions 

that were in both the House and Senate bills that remain unchanged by this conference agreement, except as noted in this 

statement of the managers. 

The conferees agree that executive branch wishes cannot substitute for Congress’ own statements as to the best evidence of congressional intentions—that is, the official reports of the Congress. 

The conferees further point out that funds in this Act must be used 

for the purposes for which appropriated, as required by section 

1301 of title 31 of the United States Code, which provides: ‘‘Appropriations shall be applied only to the objects for which the appropriations were made except as otherwise provided by law.’’ 

The House and Senate report language that is not changed by 

the conference is approved by the committee of conference. The 

statement of the managers, while repeating some report language 

for emphasis, does not intend to negate the language referred to 

above unless expressly provided herein. 

666 

In cases in which the House or the Senate have directed the 

submission of a report, such report is to be submitted to both the 

House and Senate Committees on Appropriations. 

TITLE I—AGRICULTURAL PROGRAMS 

PRODUCTION, PROCESSING, AND MARKETING

OFFICE OF THE SECRETARY

The conference agreement provides $5,124,000 for the Office of the Secretary as proposed by the Senate instead of $4,185,000 as 

proposed by the House. 

The conference agreement provides the fiscal year 2004 funding level for cross-cutting trade negotiations and biotechnology resources in the following accounts: Office of the Secretary; Animal 

and Plant Health Inspection Service; Grain Inspection, Packers and 

Stockyards Administration; and the Foreign Agricultural Service. 

The conferees appreciate receiving the detailed information 

provided in the Explanatory Notes prepared by the Department 

and rely heavily on this information when considering budget proposals. These materials have traditionally been prepared for the 

sole use of the Committees on Appropriations in a format consistent with the organization and operation of the programs and 

the structure of the Appropriations Act. At the direction of the Office of Management and Budget, the Department has changed the 

format and content of these materials to focus on broader goals and 

objectives rather than the major program structure followed in the 

Act, and in the actual conduct of the programs. The new organization and content does not present budget information in a format 

useful to the deliberations of the Committees. For fiscal year 2006 

and future years, the Department is directed to present Explanatory Notes in a format consistent with the presentation used for 

the fiscal year 2002 Budget. Any deviations from that format are 

to be approved in advance by the Committees. 

The Homeland Security Act of 2002 transferred a number of 

functions previously under the direct jurisdiction of USDA to the 

newly created Department of Homeland Security [DHS]. Among 

these functions were research and diagnostic activities located at 

Plum Island, New York, and Agricultural Quarantine Inspection 

[AQI] activities located along our nation’s borders and at select 

transportation centers. The conferees are aware of ongoing concerns within the agriculture sector that the transfer of these responsibilities may shift the focus away from agriculture to other 

priority areas of DHS. In order to ensure that the interests of U.S. 

agriculture are protected and that the intent of the Homeland Security Act of 2002 is being fully met, including the proper allocation of AQI and other funds, the conferees request the Government 

Accountability Office to provide a report, no later than March 1, 

2005, on the coordination between USDA and DHS in protecting 

the U.S. agriculture sector, including a description of the long-term 

objectives of joint activities at Plum Island and the effectiveness of 

AQI and other inspection activities. 

On previous occasions, both Committees have made clear that 

they expect the administration to abide by the statutory set-aside 

667 

for non-emergency food aid programs. The Bill Emerson Humanitarian Trust (BEHT) exists so that the United States can provide 

emergency food aid above the appropriated level and not have to 

reduce funding for non-emergency programs. The conferees are concerned that the administration has continued to use non-emergency 

funds for emergency purposes. The conferees urge the administration to use the trust for its intended purpose. If the administration 

continues to waive the non-emergency set-aside for emergencies 

that could be funded from the BEHT, the Committees may consider 

taking action to ensure this does not continue. 

Despite numerous communications from the Congress over the 

past year urging USDA to improve the utilization and budget of 

the U.S. National Arboretum, operated by the Agricultural Research Service, the Department continues to neglect the management of this important public resource. The Department has failed 

to conclude longstanding discussions to enter into effective fundraising initiatives through the not-for-profit association, Friends of 

the National Arboretum, which would offer the prospects of enhanced financial resources beyond federal taxpayers’ dollars. At the 

same time, the Department has failed to manage the budget of the 

Arboretum in a manner that adequately provides for its current 

and future needs, including appropriate security and public access 

measures. The conferees are disturbed by the inadequacy of the Department’s actions to date, and direct the Secretary to take immediate steps to address and resolve these inadequacies. The conferees direct the Secretary to submit a written report, within 30 

days of enactment of this Act, to the Committees on Appropriations 

on the steps taken as well as plans for any additional steps to address such concerns. The report shall include a timetable for implementation and monitoring of results. 

EXECUTIVE OPERATIONS

CHIEF ECONOMIST

The conference agreement provides $10,317,000 for the Office 

of the Chief Economist instead of $10,810,000 as proposed by the 

House and $9,817,000 as proposed by the Senate. 

The conference agreement provides an increase of $1,500,000 

for a preferred procurement system and a labeling system for biobased products. 

NATIONAL APPEALS DIVISION

The conference agreement provides $14,331,000 for the National Appeals Division instead of $14,526,000 as proposed by the 

House and $14,154,000 as proposed by the Senate. The conferees 

provide an increase of $477,000 to be applied to the highest priority 

needs for which additional funding was requested. 

OFFICE OF BUDGET AND PROGRAM ANALYSIS

The conference agreement provides $8,228,000 for the Office of 

Budget and Program Analysis instead of $8,246,000 as proposed by 

the House and $8,128,000 as proposed by the Senate. 

668 

HOMELAND SECURITY STAFF

The conference agreement provides $775,000 for Homeland Security Staff instead of $508,000 as proposed by the House and 

$1,000,000 as proposed by the Senate. Of the amount provided, 

$270,000 is to continue operations originally funded by 

counterterrorism/homeland security supplemental funds. 

OFFICE OF THE CHIEF INFORMATION OFFICER

The conference agreement provides $16,595,000 for the Office 

of the Chief Information Officer instead of $15,608,000 as proposed 

by the House and $17,595,000 as proposed by the Senate. The conferees provide an increase of $1,000,000 to be applied to the highest priority needs for which additional funding was requested. 

The conferees have learned that the Department transferred 

more than $16,000,000 in agency funds to the Office of the Chief 

Information Officer in fiscal years 2003 and 2004 to help finance 

several Presidential eGovernment initiatives. The Department testified that, in addition, it collected fiscal years 2003 and 2004 funds 

in unspecified amounts from USDA agencies for its own 

eGovernment initiatives. The conferees are extremely disturbed 

that the Department has failed to comply with Section 718 of Public Law 108–199 that plainly states that no funds may be transferred to the Office of the Chief Information Officer without the 

prior approval of the Committees on Appropriations of both Houses 

of Congress. The USDA General Counsel’s office advised the USDA 

Chief Information Officer in a memorandum dated April 20, 2004, 

that the Department notify the Committees of its intention to 

transfer funds to the Office of the Chief Information Officer and 

await a response. Yet, in spite of the clear legislative language and 

the General Counsel’s advice, the Department proceeded to transfer these funds without the notification and approval of Congress. 

The Department further testified that the cost of these 

eGovernment initiatives will exceed $40,000,000 in fiscal year 

2005, and about its plans to use the Greenbook mechanism to manage agency contributions towards funding these initiatives. The 

conferees again direct that no funds be transferred, contributed, 

pooled or otherwise made available from the agencies to the Office 

of the Chief Information Officer without the prior approval of the 

Committees on Appropriations of both Houses of Congress. The 

conferees further direct that the Department provide, no later than 

February 1, 2005, a report on the fiscal years 2003, 2004, and estimated 2005 funds, transferred to the Office of the Chief Information Officer through interagency agreements, the Greenbook mechanism, or any other means. The report should identify the amounts 

transferred or otherwise made available, by Agency, how those 

funds were or are to be used and the impact of the transfers on 

agency program activities. 

COMMON COMPUTING ENVIRONMENT

The conference agreement provides $125,585,000 for common 

computing environment as proposed by the Senate. The House proposed funding these activities within the affected mission areas. 

669 

The conferees are aware that the acquisition of geospatial data 

and Geographic Information System technologies is critical to the 

Department of Agriculture’s plans to modernize its County Service 

Centers and install a common computing environment that optimizes information sharing, customer service, and staff efficiencies, 

and improves the Department’s ability to track and react to natural 

and/or man-made disasters. Within the funds provided in this Act, 

the conferees encourage the Department to provide the appropriate 

level of support to the National Agricultural Imagery Program for 

the acquisition of geospatial data and Geographic Information System technologies. 

OFFICE OF THE CHIEF FINANCIAL OFFICER

The conference agreement provides $5,742,000 for the Office of 

the Chief Financial Officer as proposed by the Senate instead of 

$5,811,000 as proposed by the House. 

WORKING CAPITAL FUND

The conference agreement provides $12,850,000 for the Working Capital Fund as proposed by the House. The Senate bill contained no such account. The conference agreement also includes a 

general provision (Section 705) that authorizes the Secretary to 

transfer unobligated balances of other accounts to the Working 

Capital Fund. 

OFFICE OF THE ASSISTANT SECRETARY FOR CIVIL RIGHTS

The conference agreement provides $818,000 for the Office of 

the Assistant Secretary for Civil Rights instead of $803,000 as proposed by the House and $819,000 as proposed by the Senate. 

OFFICE OF CIVIL RIGHTS

The conference agreement provides $19,889,000 for the Office 

of Civil Rights instead of $19,452,000 as proposed by the House 

and $20,347,000 as proposed by the Senate. The conferees provide 

an increase of $1,458,000 to be applied to the highest priority needs 

for which additional funding was requested. 

OFFICE OF THE ASSISTANT SECRETARY FOR ADMINISTRATION

The conference agreement provides $669,000 for the Office of 

the Assistant Secretary for Administration as proposed by the 

House instead of $682,000 as proposed by the Senate. 

AGRICULTURE BUILDINGS AND FACILITIES AND RENTAL PAYMENTS

The conference agreement provides $163,870,000 for agriculture buildings and facilities and rental payments instead of 

$128,216,000 as proposed by the House and $170,870,000 as proposed by the Senate. The conferees provide an increase of 

$3,000,000 for building operations and maintenance to be applied 

to the highest priority needs for which additional funding was requested. 

670 

HAZARDOUS MATERIALS MANAGEMENT

The conference agreement provides $15,532,000 as proposed by 

the Senate instead of $15,730,000 as proposed by the House. 

DEPARTMENTAL ADMINISTRATION

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

$22,939,000 as proposed by the House. 

OFFICE OF THE ASSISTANT SECRETARY FOR CONGRESSIONAL

RELATIONS

The conference agreement provides $3,852,000 for the Office of 

the Assistant Secretary for Congressional Relations as proposed by 

the House and the Senate. 

OFFICE OF COMMUNICATIONS

The conference agreement provides $9,365,000 as proposed by 

the Senate instead of $9,378,000 as proposed by the House. 

The conferees direct the Office of Communications to continue 

providing them with copies of open source news material made 

available to USDA officials through the use of appropriated funds. 

OFFICE OF THE INSPECTOR GENERAL

The conference agreement provides $78,289,000 for the Office 

of the Inspector General as proposed by the Senate instead of 

$78,392,000 as proposed by the House. 

OFFICE OF THE GENERAL COUNSEL

The conference agreement provides $35,861,000 for the Office 

of the General Counsel instead of $35,486,000 as proposed by the 

House and $36,236,000 as proposed by the Senate. The conferees 

provide an increase of $625,000 to be applied to the highest priority 

needs for which additional funding was requested. 

OFFICE OF THE UNDER SECRETARY FOR RESEARCH, EDUCATION AND

ECONOMICS

The conference agreement provides $592,000 for the Office of 

the Under Secretary for Research, Education and Economics as 

proposed by the House instead of $605,000 as proposed by the Senate. 

ECONOMIC RESEARCH SERVICE

The conference agreement provides $74,768,000 for the Economic Research Service instead of $76,575,000 as proposed by the 

House and $75,268,000 as proposed by the Senate. The conferees 

provide an increase of $3,500,000 to be applied to the highest priority needs for which additional funding was requested. 

The conference agreement does not adopt House report language for a comprehensive study of WIC-only stores. 

671 

NATIONAL AGRICULTURAL STATISTICS SERVICE

The conference agreement provides $129,480,000 for the National Agricultural Statistics Service instead of $128,661,000 as 

proposed by the House and $130,299,000 as proposed by the Senate. The conferees provide an increase of $2,681,000 for requested 

program initiatives for agricultural estimates. Also included in this 

amount is $22,405,000 for the Census of Agriculture as proposed by 

the Senate, instead of $22,520,000 as proposed by the House. 

AGRICULTURAL RESEARCH SERVICE

SALARIES AND EXPENSES

The conference agreement provides $1,110,887,000 for the Agricultural Research Service, Salaries and Expenses, instead of 

$1,057,029,000 as proposed by the House and $1,090,261,000 as 

proposed by the Senate. 

The conferees have agreed to increased funding for the following areas of research: Budgeted increases, as follows: Controlling Invasive Species, $500,000; Genetic Resources, $400,000; 

Genomics Research, $1,200,000; Food Safety, $4,313,000; Controlling Exotic/Emerging Diseases, $3,217,000 of which $800,000 is for 

soybean rust research at Ames, IA, and Beltsville, MD; Native 

Plant Disease Recovery System, $1,800,000; Information Technology/Cyber Security, $150,000; Library and Information Services, 

$400,000; Obesity Epidemic and Promote a Healthier Lifestyle, 

$500,000; and Climate Change Research Initiative, $519,000. 

Further increases, as follows: Aflotoxin in Cotton, Phoenix, AZ, 

$150,000; Agricultural Genome Bioinformatics, Ames, IA 

(Bioinformatics Institute for Model Plant Species), $125,000; Air 

Quality Research, Logan, UT (Utah State University), $125,000; 

Animal Waste Treatment, Florence, SC, $50,000; Appalachian Horticulture Research, Poplarville, MS (U TN/TN State), $200,000; 

Aquaculture Initiative for Mid-Atlantic Highlands, Leetown, WV, 

$100,000; Aquaculture Research (University of Idaho, Hagerman 

Fish Culture Exp. Station), $125,000; Arbuscular Mycorrhizal 

Fungi (Rodale Institute), $46,000; Arkansas Children’s Nutrition 

Center, Little Rock, AR, $125,000; Biological Control and Agriculture Research, Gainesville, FL, $50,000; Biotechnology Research 

and Development Corporation, Peoria, IL, $80,000; Bovine Genetics, Beltsville, MD (U CT/U IL), $100,000; Catfish Genome, Auburn, AL, $225,000; Central Great Plains Research Station, Akron, 

CO, $50,000; Cereal Crops Research, Madison, WI, $100,000; Cereal Disease Research, St. Paul, MN, $25,000; Chronic Diseases of 

Children, Houston, TX (Baylor U/Peanut Institute), $125,000; Citrus and Horticulture Research, Ft. Pierce, FL, $125,000; Citrus 

Waste Utilization, Winter Haven, FL, $42,124; Coffee and Cocoa 

Research, Miami, FL, and Beltsville, MD, $200,000; Corn 

Germplasm, Ames, IA, $150,000; Cotton Pathology Research, 

Shafter, CA, $100,000; Cropping Systems Research (U TN/West TN 

Ag Experiment Station), $75,000; Dairy Forage (Madison, WI) 

$225,000; Delta Nutrition Intervention Initiative, Little Rock, AR 

(Southern U Center for Food Nutrition and Health Promotion), 

$50,000; Food Fermentation Research, Raleigh, NC, $100,000; ForVerDate Aug 04 2004 07:33 Dec 01, 2004 Jkt 096906 PO 00000 Frm 00675 Fmt 6601 Sfmt 6601 E:\HR\OC\HR792.XXX HR792
672 

age and Range Research (Logan, UT), $125,000; Ft. Pierce Horticultural Research Laboratory (Ft. Pierce, FL), $100,000; Foundry 

Sand By-products Utilization (Beltsville, MD), $50,000; Golden 

Nematode (Ithaca, NY), $50,000; Grand Forks Human Nutrition 

Lab (Grand Forks, ND), $75,000; Grape Genetics (Geneva, NY), 

$125,000; Grape Rootstock (Geneva, NY) $150,000; Grapefruit 

Juice/Drug Interaction, Winter Haven, FL, $3,708; Greenhouse and 

Hydroponics Research, Wooster, OH, $25,000; Hides and Leather 

Research, Wyndmoor, PA, $75,000; Human Nutrition Research 

Center on Aging (Boston, MA) (Equipment), $100,000; Improved 

Crop Production Practices, Auburn, AL, Auburn University, 

$225,000; Improved Forage-Livestock Production, Lexington, KY, 

$90,000; Livestock and Range Research (Ft. Keogh, MT), $50,000; 

Mid-West/Mid-South Irrigation (Columbia, MO), $26,728; National 

Cold Water Marine Aquaculture (Franklin, ME), $50,000; Northern 

Plains Agricultural Research Lab (Sidney, MT), $75,000; Noxious 

Weeds in the Desert Southwest (Las Cruces, NM), $63,000; Nutrition Interventions, $50,000; Obesity Research/Children’s Nutrition 

Research Center (Houston, TX), $175,000, and Human Nutrition 

Research on Aging (Boston, MA), $125,000; Ogallala Aquifer 

(Bushland, TX), $850,000; Organic Minor Crop Research (Salinas, 

CA), $125,000; Pecan Scab Research (Byron, GA), $100,000; 

Phytoestrogen Research, SRRC (Tulane/Xavier/U of Toledo), 

$100,000; Poisonous Plant Research Laboratory (Logan, UT), 

$225,000; Potato Storage (Madison, WI), $1,593; Poult EnteritisMortality Syndrome (Athens, GA), $50,000; Quantify Basin Water 

Budget Components in the Southwest (Tucson, AZ), $125,000; Regional Grains Genotyping (Raleigh, NC), $100,000; Residue Management in Sugarcane, Houma, LA, $125,000; Salmonella, Listeria, 

E. coli, and other food pathogens (Wyndmoor, PA), $199,931 (of 

which $50,000 goes to Penn State); Seafood Waste, Fairbanks, AK 

(U of AK), $160,000 (of which $50,000 goes to the State of Alaska); 

Seismic and Acoustic Technologies and Soils (Oxford, MS), 

$125,000; Sorghum Research (Bushland, TX), $125,000; Southeastern Fruit and Tree Nut Research (Byron, GA), $200,000; Soybean and Nitrogen Fixation (Raleigh, NC), $100,000; Sudden Oak 

Disease/Sudden Oak Disease Syndrome (Ft. Detrick, MD/Davis, 

CA), $200,000; Sugarbeet Research (Kimberly, ID), $75,000; Sugarcane Variety Research (Canal Point, FL), $175,000; Sustainable 

Viticulture Research (Davis, CA), $50,000; Transmissible 

Spongiform Encephalopathies, $225,000; Tree Fruit Quality Research (Wenatchee, WA), $175,000; Turfgrass Research (Beaver, 

WV), $150,000; United States National Arboretum (Washington, 

D.C.), $125,000; U.S. Pacific Basin Agricultural Research Center, 

Hilo, HI (Univ HI Manoa/Univ HI Hilo), $125,000; Vaccines and 

Microbe Control for Fish Health (Auburn University), $20,000; 

Verticillium Wilt (Salinas, CA), $125,000; Waste Management Research, Bowling Green, KY (Western Kentucky University), 

$137,500; and Wild Rice Research (St. Paul, MN), $50,000. 

The conference agreement continues the fiscal year 2004 level 

of funding for all research projects proposed to be terminated in the 

President’s budget as provided in House Report 108–584 and Senate Report 108–340 accompanying the fiscal year 2005 Agriculture 

Appropriations bills, including the following at all locations: AquaVerDate Aug 04 2004 07:33 Dec 01, 2004 Jkt 096906 PO 00000 Frm 00676 Fmt 6601 Sfmt 6601 E:\HR\OC\HR792.XXX HR792
673 

culture Density Research (Stuttgart, AR); Water Resources Management (Tifton, GA); Water Use Management Technology (Tifton, 

GA); Great Basins Rangeland (Boise, ID); Source Water Protection 

(West Lafeyette, IN); Great Basins Rangeland (Reno, NV); Western 

Grazinglands (Reno, NV); and, Pasture Systems and Watershed 

Management (University Park, PA). The conference agreement provides an increase of $125,000 for 

the Children’s Nutrition Research Center at Houston, TX, for a cooperative research project with Baylor College of Medicine and the 

Peanut Institute to examine ways to prevent the onset of chronic 

diseases and the growing problem of overweight children. 

The conferees direct that a portion of the funding for grape 

rootstock should be allocated to support the ongoing grape industry 

research strategic planning process. The conference agreement provides an increase of $75,000 

above the fiscal year 2004 level for the Grand Forks Human Nutrition Laboratory for a cooperative agreement with the Northern 

Great Plains Research Laboratory, Mandan, ND, the University of 

North Dakota, and North Dakota State University on a healthy 

beef initiative. 

The conferees note the growing concern raised by the soybean 

industry due to the threat of soybean rust. The conferees also note 

the recent announcement by the Department of Agriculture that 

soybean rust has now been confirmed in the United States. Soybean rust is a fungus that appears on the leaves of the plant and 

eventually causes premature defoliation which brings about substantial yield loss. The conferees encourage the Department to accelerate research on plant varieties that improve tolerance to soybean rust pathogens. 

The conferees do not include funding for the development of a 

wine grape foundation block of certified ‘‘clean’’ rootstock in ARS. 

The conference agreement provides funding for this vital research 

in the Cooperative State Research, Education, and Extension Service account. 

BUILDINGS AND FACILITIES

The conference agreement provides $187,838,000 for the Agricultural Research Service, Buildings and Facilities, instead of 

$202,000,000 as proposed by the House and $172,838,000 as proposed by the Senate. 

The following items reflect the conference agreement: National 

Center for Animal Health (Ames, Iowa), $122,000,000; Grape 

Genomics Research Center (Davis, California), $3,000,000; U.S. Agricultural Research Station (Salinas, California), $3,000,000; U.S. 

Pacific Basin Agricultural Research Center (Hilo, Hawaii), 

$3,000,000; Aquaculture Facility (Aberdeen/Billingsley Creek, 

Idaho) $1,000,000; National Center for Agricultural Utilization Research (Peoria, Illinois), $3,000,000; Animal Waste Management 

Research Laboratory (Bowling Green, Kentucky), $2,300,000; Forage-Animal Research Laboratory (Lexington, Kentucky) $3,000,000; 

ARS Sugarcane Research Laboratory (Houma, Louisiana), 

$3,000,000; Northeast Marine Cold Water Aquaculture Research 

Center (Orono/Franklin, Maine), $3,000,000; Beltsville Agricultural 

Research Center (Beltsville, Maryland), $3,000,000; Jamie Whitten 

674 

Delta States Research Center (Stoneville, Mississippi), $3,000,000; 

Poultry Science Research Facility (Starkville, Mississippi), 

$3,000,000; National Plant and Genetics Security Center (Columbia, Missouri), $5,000,000; Animal Bioscience Facility (Bozeman, 

Montana), $2,000,000; Center for Grape Genetics (Geneva, New 

York), $3,000,000; Center for Crop-based Health Genomics (Ithaca, 

New York), $3,000,000; University of Toledo (Toledo, Ohio), 

$2,000,000; Southern Plains Research Station (Woodward, Oklahoma), $3,000,000; U.S. Vegetable Laboratory (Charleston, South 

Carolina), $3,000,000; ARS Research Laboratory (Pullman, Washington), $3,000,000; Appalachian Fruit Laboratory (Kearneysville, 

West Virginia), $3,638,000; and, Nutrient Management Laboratory 

(Marshfield, Wisconsin), $4,900,000. 

The conferees note that there is widespread interest in additional construction and renovation of ARS facilities throughout the 

country. This is not surprising when considering the fact that many 

of the existing facilities are decades old. The conferees continue to 

believe that the ARS needs a master plan for addressing these 

needs. Until such a master plan can be developed, however, the 

Committees will not consider funding requests for projects for 

which a prospectus has not been completed and submitted to the 

Committees by March 1 of each year. Each prospectus shall, at a 

minimum, include the following information: the feasibility, requirements, and scope of the proposed project; details on building 

size, cost, associated facilities, scientific capacity, and other requirements; and details on existing and planned program and resource requirements. Further, the conferees strongly encourage the 

ARS to determine the merits and priority for these projects. 

The purpose and intent of the ARS Buildings and Facilities account is to provide new, replacement, and modernized Federal laboratories and facilities needed to carry out and strengthen ARS research and to protect the Government’s significant investment in 

these Federal assets. As noted in House Report 108–584 and Senate Report 108–340, there has been widespread interest in additional construction and renovation of the Department’s research facilities throughout the country. The conferees encourage ARS to 

consider the development of a master plan that deals with ARS 

programs and related buildings priorities. This will be useful to the 

Committees in assessing and determining ARS in-house laboratory 

requirements. 

COOPERATIVE STATE RESEARCH, EDUCATION, AND EXTENSION

SERVICE

RESEARCH AND EDUCATION ACTIVITIES

The conference agreement provides $660,781,000 for research 

and education activities instead of $628,607,000 as proposed by the 

House and $628,492,000 as proposed by the Senate. 

The conference agreement includes bill language for the following items: West Virginia State University as proposed by the 

Senate instead of West Virginia State College as proposed by the 

House; and, $500,000 for resident instruction grants for insular 

areas as proposed by the House. 

The following table reflects the conference agreement: 

675 

Cooperative State Research, Education, and Extension Service—research and 

education activities 

[Dollars in thousands] 

FY 2005 Conference 

Hatch Act ................................................................................................ $180,148 

McIntire Stennis Cooperative Forestry ................................................ 22,384 

Evans-Allen Program ............................................................................ 37,000 

National Research Initiative ................................................................. 181,000 

Special Research Grants ....................................................................... 136,564 

Animal Health and Disease (Sec. 1433) ............................................... 5,098 

1994 Institutions Research Program .................................................... 1,087 

Joe Skeen Institute for Rangeland Restoration (NM, TX, MT) ......... 1,000 

Graduate Fellowship Grants ................................................................ 3,000 

Institution Challenge Grants ................................................................ 5,500 

Multicultural Scholars Program ........................................................... 998 

Hispanic Education Partnership Grants ............................................. 5,645 

Secondary/2-year Post-secondary ......................................................... 1,000 

Capacity Building Grants (1890 Institutions) ..................................... 12,411 

Payments to the 1994 Institutions ....................................................... 2,250 

Alaska Native-serving and Native Hawaiian-serving Education 

Grants ................................................................................................. 3,500 

Resident Instruction Grants for Insular Areas ................................... 500 

Subtotal ........................................................................................ 599,085 

Federal Administration: 

Ag-based Industrial Lubricants (IA) ............................................. 527 

Agriculture Development in the American Pacific ...................... 490 

Agriculture Waste Utilization (WV) .............................................. 654 

Agriculture Water Policy (GA) ...................................................... 898 

Alternative Fuels Characterization Laboratory (ND) .................. 284 

Animal Waste Management (OK) ................................................. 298 

Aquaculture (OH) ........................................................................... 853 

Aquaculture (PA) ............................................................................ 222 

Biotechnology Research (MS) ........................................................ 667 

Botanical Research (UT) ................................................................ 896 

Center for Agricultural and Rural Development (IA) .................. 600 

Center for Food Industry Excellence (TX) .................................... 874 

Center for Innovative Food Technology (OH) ............................... 1,154 

Center for North American Studies (TX) ..................................... 1,000 

Climate Forecasting (FL) ............................................................... 3,631 

Cotton Research (TX) ..................................................................... 2,500 

Council for Agriculture Science and Technology (Funded thru 

SRG in FY 2004) ......................................................................... 150 

Data Information System (REEIS) ............................................... 2,444 

Dietary Intervention (OH) (Funded thru SRG in FY 2004) ........ 1,148 

Electronic Grants Administration System ................................... 1,944 

Feed Efficiency (WV) ...................................................................... 152 

Global Environmental Management (Funded thru NRCS in 

2004) ............................................................................................. 1,000 

High Value Horticultural Crops (VA) ........................................... 572 

Hispanic Leadership in Agriculture (TX) (Funded thru SRG in 

House) .......................................................................................... 550 

Greenhouse Nurseries (OH) ........................................................... 732 

Income Enhancement Demonstration (OH) (Funded thru Extension in FY 2004) ..................................................................... 731 

Information Technology (GA) ........................................................ 372 

Livestock Marketing Information Center (CO) ............................ 175 

Mariculture (NC) ............................................................................ 320 

Mississippi Valley State University, Curriculum Development 933 

Monitoring Agricultural Sewage Sludge Application (OH) ......... 1,287 

Office of Extramural Programs (Grants) ...................................... 401 

Pasteurization of Shell Eggs (MI) ................................................. 1,247 

Pay Costs and FERS ...................................................................... 2,665 

Peer Panels ..................................................................................... 312 

Phytoremediation Plant Research (OH) ....................................... 785 

PM–10 Study (WA) (moved from SRG in FY 2004) ..................... 390 

676 

FY 2005 Conference 

Precision Agriculture, Tennessee Valley Research Center (AL) 604 

Produce Pricing (AZ) ...................................................................... 76 

Rural Systems (MS) ....................................................................... 311 

Salmon Quality Standards (AK) .................................................... 167 

Shrimp Aquaculture (AZ, HI, MS, MA, SC, LA, TX) ................... 3,973 

Sustainable Agricultural Freshwater Conservation (TX) ............ 1,820 

Urban Silviculture (NY) ................................................................. 270 

Vitis Gene Discovery (MO) ............................................................ 608 

Water Pollutants (WV) ................................................................... 569 

Water Quality (ND) ........................................................................ 443 

Wetland Plants (WV) ...................................................................... 190 

Total, Federal Administration ................................................... 42,889 

Other: 

Alternative Crops ........................................................................... 1,196 

Aquaculture Centers (Sec. 1475) ................................................... 4,000 

Critical Agricultural Materials Act ............................................... 1,111 

Sustainable Agriculture ................................................................. 12,500 

Total, Other ................................................................................. 18,807 

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

Cooperative State Research, Education, and Extension Service—research and 

education activities, special research grants 

[Dollars in thousands] 

FY 2005 Conference 

Advanced Genetic Technologies (KY) ................................................... $650 

Advanced Spatial Technologies (MS) ................................................... 943 

Aegilops Cylindricum (Jointed Goatgrass) (WA) ................................. 358 

Agricultural Diversification (HI) .......................................................... 113 

Agricultural Diversity/Red River Cooridor (MN, ND) ........................ 597 

Agriculture Science (OH) ...................................................................... 547 

Agriculture Water Usage (GA) ............................................................. 260 

Agroecology (MD) ................................................................................... 390 

Air Quality (TX) ..................................................................................... 1,074 

Alliance for Food Protection (NE, GA) ................................................. 316 

Alternative Nutrient Management (VT) .............................................. 174 

Alternative Salmon Products (AK) ....................................................... 1,108 

Alternative Uses for Tobacco (MD) ...................................................... 335 

Animal Disease Research (WY) ............................................................ 336 

Animal Science Food Safety Consortium (AR, KS, IA) ....................... 1,444 

Apple Fireblight (MI, NY) ..................................................................... 483 

Aquaculture (AR) ................................................................................... 207 

Aquaculture (WA, ID) ............................................................................ 770 

Aquaculture (LA) ................................................................................... 332 

Aquaculture (MS) ................................................................................... 521 

Aquaculture (NC) ................................................................................... 280 

Aquaculture (VA) ................................................................................... 190 

Aquaculture Product and Marketing Development (WV) ................... 711 

Armilliaria Root Rot (MI) ...................................................................... 151 

Asparagus Technology and Production (WA) ...................................... 250 

Babcock Institute (WI) .......................................................................... 569 

Beef Technology Transfer (MO) ............................................................ 261 

Berry Research (AK) .............................................................................. 1,790 

Biobased Nanocomposite Research (ND) ............................................. 178 

Biomass-based Energy Research (OK, MS) ......................................... 1,023 

Biotechnology (NC) ................................................................................ 289 

Biotechnology Test Production (IA) ...................................................... 469 

Bovine Tuberculosis (MI) ...................................................................... 355 

Brucellosis Vaccine (MT) ....................................................................... 444 

Center for Public Lands and Rural Economies (UT) .......................... 225 

Center for Rural Studies (VT) .............................................................. 351 

Chesapeake Bay Agroecology (MD) ...................................................... 317 

Childhood Obesity and Nutrition (VT) ................................................. 192 

677 

FY 2005 Conference 

Citrus Canker (FL) ................................................................................ 474 

Citrus Tristeza (WA) ............................................................................. 697 

Competitiveness of Agricultural Products (WA) ................................. 652 

Computational Agriculture (NY) .......................................................... 241 

Cool Season Legume Research (ID, WA) ............................................. 569 

Cotton Fiber Quality (GA) .................................................................... 474 

Cranberry/Blueberry (MA) .................................................................... 153 

Cranberry/Blueberry Disease and Breeding (NJ) ............................... 355 

Crop Integration and Production (SD) ................................................. 297 

Crop Diversification Center (MO) ........................................................ 378 

Crop Pathogens (NC) ............................................................................. 253 

Dairy and Meat Goat Research (TX) .................................................... 100 

Dairy Farm Profitability (PA) ............................................................... 472 

Delta Rural Revitalization (MS) ........................................................... 246 

Designing Foods for Health (TX) .......................................................... 1,624 

Diaprepes/Root Weevil (FL) .................................................................. 450 

Drought Mitigation (NE) ....................................................................... 213 

Drought Management (UT) ................................................................... 786 

Efficient Irrigation (NM, TX) ................................................................ 1,500 

Environmental Biotechnology (RI) ....................................................... 617 

Environmental Research (NY) .............................................................. 376 

Environmental Risk Factors/Cancer (NY) ........................................... 219 

Environmentally Safe Products (VT) ................................................... 746 

Ethnobotany Research (AK) .................................................................. 284 

Exotic Pest Diseases (CA) ..................................................................... 1,945 

Expanded Wheat Pasture (OK) ............................................................ 275 

Farm Injuries and Illnesses (NC) ......................................................... 299 

Feed Barley for Rangeland Cattle (MT) .............................................. 741 

Feed Efficiency in Cattle (FL) .............................................................. 297 

Feedstock Conversion (SD) ................................................................... 673 

Fish and Shellfish Technologies (VA) .................................................. 457 

Food Chain Economic Analysis (IA) ..................................................... 419 

Floriculture (HI) .................................................................................... 355 

Food and Agriculture Policy Research Institute (IA, MO) ................. 1,549 

Food Marketing Policy Center (CT) ..................................................... 584 

Food Quality (AK) .................................................................................. 344 

Food Safety (AL) .................................................................................... 1,100 

Food Safety (OK, ME) ........................................................................... 556 

Food Safety (TX) .................................................................................... 189 

Food Safety Research Consortium ....................................................... 900 

Food Safety Risk Assessment (ND) ...................................................... 1,377 

Food Security (WA) ................................................................................ 401 

Food Systems Research Group (WI) ..................................................... 521 

Forages for Advancing Livestock Production (KY) ............................. 393 

Forestry (AR) .......................................................................................... 465 

Fruit/Vegetable Market Analaysis (AZ/MO) ........................................ 326 

Functional Genomics (UT) .................................................................... 1,484 

Future Foods (IL) ................................................................................... 549 

Generic Commodity Promotions, Research and Evaluation (NY) ...... 192 

Genomics (MS) ....................................................................................... 890 

Geographic Information System ........................................................... 1,716 

Global Change ........................................................................................ 2,000 

Grain Sorghum (KS) .............................................................................. 137 

Grapefruit Juice/Drug Interaction (FL) ............................................... 347 

Grass Seed Cropping for Sustainable Agriculture (WA, OR, ID) ...... 454 

Grazing Research (WI) .......................................................................... 262 

Greenhouse Crop Production (AK) ....................................................... 449 

Horn Fly Research (AL) ........................................................................ 167 

Human Nutrition (IA) ........................................................................... 655 

Human Nutrition (LA) .......................................................................... 712 

Human Nutrition (NY) .......................................................................... 585 

Hydroponic Tomato Production (OH) ................................................... 180 

Illinois-Missouri Alliance for Biotechnology ........................................ 1,179 

Improved Dairy Management Practices (PA) ...................................... 355 

Improved Fruit Practices (MI) .............................................................. 212 

Increasing Shelf Life of Agricultural Commodities (ID) ..................... 829 

Infectious Disease Research (CO) ......................................................... 784 

678 

FY 2005 Conference 

Institute for Biobased Products and Food Science (MT) .................... 567 

Institute for Food Science and Engineering (AR) ............................... 1,119 

Integrated Production Systems (OK) ................................................... 207 

International Arid Lands Consortium (AZ) ......................................... 584 

Iowa Biotechnology Consortium ........................................................... 1,789 

Leopold Center Hypoxia Project (IA) ................................................... 224 

Livestock and Dairy Policy (NY, TX) ................................................... 900 

Livestock Genome Sequencing (IL) ...................................................... 821 

Livestock Waste (IA) ............................................................................. 268 

Lowbush Blueberry Research (ME) ...................................................... 236 

Maple Research (VT) ............................................................................. 133 

Meadow Foam (OR) ............................................................................... 262 

Michigan Biotechnology Consortium .................................................... 559 

Midwest Advanced Food Manufacturing Alliance (NE) ..................... 528 

Midwest Agricultural Products (IA) ..................................................... 617 

Midwest Poultry Consortium (IA) ........................................................ 688 

Milk Safety (PA) .................................................................................... 709 

Minor Use Animal Drugs ...................................................................... 588 

Molluscan Shellfish (OR) ....................................................................... 351 

Montana Sheep Institute ...................................................................... 574 

Multi-commodity Research (OR) ........................................................... 356 

Multi-cropping Strategies for Aquaculture (HI) .................................. 110 

National Beef Cattle Genetic Evaluation Consortium (NY) ............... 786 

National Biological Impact Assessment Program (VA) ...................... 253 

National Center for Soybean Technology (MO) ................................... 948 

Nematode Resistance Genetic Engineering (NM) ............................... 140 

Nevada Arid Rangelands Initiative (NV) ............................................. 484 

New Crop Opportunities (AK) .............................................................. 447 

New Crop Opportunities (KY) .............................................................. 730 

Nursery, Greenhouse, Turf Specialities (AL) ...................................... 275 

Oil Resources from Desert Plants (NM) .............................................. 213 

Organic Cropping (WA) ......................................................................... 362 

Organic Waste Utilization (NM) ........................................................... 94 

Oyster Post Harvest Treatment (FL) ................................................... 450 

Ozone Air Quality (CA) ......................................................................... 404 

Pasture and Forage Research (UT) ...................................................... 225 

Peach Tree Short Life (SC) ................................................................... 267 

Perrenial Wheat (WA) ........................................................................... 142 

Pest Control Alternatives (SC) ............................................................. 271 

Phytophthora Root Rot (NM) ................................................................ 183 

Pierce’s Disease (CA) ............................................................................. 2,088 

Plant, Drought, and Disease Resistance Gene Cataloging (NM) ....... 235 

Potato Research ..................................................................................... 1,509 

Precision Agriculture (KY) .................................................................... 680 

Preharvest Food Safety (KS) ................................................................ 193 

Preservation and Processing Research (OK) ....................................... 200 

Protein Utilitzation (IA) ........................................................................ 811 

Rangeland Ecosystem (NM) .................................................................. 284 

Regional Barley Gene Mapping Project (OR) ...................................... 688 

Regionalized Implications of Farm Programs (MO, TX) .................... 766 

Rice Agronomy (MO) ............................................................................. 214 

Ruminant Nutrition (MT, ND, SD, WY) .............................................. 474 

Rural Development Centers (LA, ND) ................................................. 232 

Rural Obesity (NY) ................................................................................ 189 

Rural Policies Institute (NE, IA, MO) .................................................. 1,215 

Russian Wheat Aphid (CO) ................................................................... 292 

Seafood Harvesting, Processing and Marketing (AK) ......................... 1,067 

Seafood and Aquaculture Harvesting, Prcessing and Marketing 

(MS) ..................................................................................................... 269 

Seafood Safety (MA) .............................................................................. 439 

Seed Research (AK) ............................................................................... 358 

Seed Technology (SD) ............................................................................ 357 

Small Fruit Research (OR, WA, ID) ..................................................... 425 

Soil and Environmental Quality (DE) .................................................. 283 

Southwest Consortium for Plant Genetics and Water Resources 

(NM) .................................................................................................... 376 

Soybean Cyst Nematode (MO) .............................................................. 708 

679 

FY 2005 Conference 

Soybean Research (IL) ........................................................................... 963 

STEEP III—Water Quality in Northwest ............................................ 645 

Sudden Oak Death (CA) ........................................................................ 94 

Sustainable Agriculture (CA) ................................................................ 519 

Sustainable Agriculture (MI) ................................................................ 387 

Sustainable Agriculture and Natural Resources (PA) ........................ 192 

Sustainable Beef Supply (MT) .............................................................. 945 

Sustainable Engineered Materials from Renewable Sources (VA) .... 608 

Swine and Other Animal Waste Management (NC) ........................... 470 

Tick Borne Disease Prevention (RI) ..................................................... 144 

Tillage, Silviculture, Waste Management (LA) ................................... 428 

Tri-state Joint Peanut Research (AL) .................................................. 567 

Tropical Aquaculture (FL) .................................................................... 213 

Tropical and Subtropical Research/T-Star ........................................... 9,474 

Uniform Farm Management Program (MN) ....................................... 283 

Value-added Product Development from Agriculture Resources 

(MT) ..................................................................................................... 408 

Virtual Plant Database Enhancement Project (MO) .......................... 711 

Viticulture Consortium (NY, CA, PA) .................................................. 1,850 

Water Conservation, (KS) ..................................................................... 75 

Water Use Efficiency and Water Quality Enhancements (GA) ......... 474 

Weed Control (ND) ................................................................................ 387 

West Nile Virus (IL) .............................................................................. 500 

Wetland Plants (LA) .............................................................................. 567 

Wheat Genetic Research (KS) ............................................................... 246 

Wheat Sawfly Research (MT) ............................................................... 525 

Wine Grape Foundation Block (WA) .................................................... 325 

Wood Utilization (OR, MS, NC, MN, ME, MI, ID, TN, AK, WV) ...... 6,285 

Wool Research (TX, MT, WY) ............................................................... 300 

Subtotal, Special Research Grants ............................................ 121,284 

Improved Pest Control: 

Expert IPM Decision Support Systsem ........................................ 158 

Integrated Pest Management ........................................................ 2,439 

Minor Crop Pest Management (IR–4) ........................................... 11,235 

Pest Management Alternatives ..................................................... 1,448 

Total, Improved Pest Control ..................................................... 15,280 

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

The conference agreement provides $3,000,000 for Graduate 

Fellowship Grants instead of $4,500,000 as proposed by the House, 

and $2,883,000 as proposed by the Senate. 

The conference agreement provides $5,645,000 for Hispanic 

Education Partnership Grants as proposed by the House instead of 

$4,645,000 as proposed by the Senate. 

The conference agreement provides $1,148,000 for Dietary 

Intervention in Ohio. Of this amount, $735,000 is provided for Ohio 

State University and $413,000 is for the University of Toledo. 

The conference agreement provides $316,000 for the Alliance 

for Food Protection. Of this amount, $158,000 shall be used to continue integrated fruit and vegetable research at the University of 

Georgia. 

The conference agreement provides $1,108,000 for alternative 

salmon products research. Of this amount, $443,000 shall be used 

to continue research into and development of baby food containing 

salmon. 

The conference agreement provides $1,549,000 for the Food 

and Agriculture Policy Research Institute. Of that amount, $79,000 

680 

shall be used to fund the Center for Agricultural and Trade Policies 

for the Northern Plains Region at North Dakota State University. The conference agreement provides $1,790,000 for berry re- search. Of this amount, $1,400,000 shall be used for nutraceutical 

research at the University of Alaska-Fairbanks. The conference agreement provides $528,000 for the Midwest 

Advanced Food Marketing Alliance in Nebraska. Of this amount, 

$98,000 shall be used for food allergens research to be conducted 

at the University of Nebraska-Lincoln Food Allergy Research & Resource Program. 

NATIVE AMERICAN INSTITUTIONS ENDOWMENT FUND

The conference agreement provides $12,000,000 for the Native 

American Institutions Endowment Fund as proposed by both the 

House and Senate. 

EXTENSION ACTIVITIES

The conference agreement provides $449,225,000 for extension activities instead of $440,349,000 as proposed by the House and 

$443,061,000 as proposed by the Senate. 

The conference agreement includes bill language for the following: West Virginia State University as proposed by the Senate 

instead of West Virginia State College as proposed by the House; 

$1,981,000 for payments for rural health and safety education as 

proposed by the Senate; and, $2,667,000 for grants to youth organizations as proposed by the Senate. 

The following table reflects the conference agreement: 

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

[Dollars in thousands] 

FY 2005 Conference 

Smith-Lever Sections 3(b) and 3(c) ...................................................... $277,742 

Smith-Lever Section 3(d): 

Farm Safety .................................................................................... 4,600 

Food and Nutrition Education (EFNEP) ...................................... 58,909 

Indian Reservation Agents ............................................................ 1,774 

Pest Management ........................................................................... 10,000 

Sustainable Agriculture ................................................................. 4,100 

Youth at Risk .................................................................................. 7,538 

Youth Farm Safety Education and Certification ......................... 444 

Total Section 3(d) Programs ....................................................... 87,365 

1890 Colleges and Tuskegee ................................................................. 33,133 

1890 Facilities Grants (Sec. 1447) ........................................................ 16,912 

Renewable Resources Extension Act (RREA) ...................................... 4,093 

Rural Health and Safety Education ..................................................... 1,981 

Extension Services at the 1994 Institutions ........................................ 3,273 

Grants to Youth Organizations ............................................................ 2,667 

Subtotal ........................................................................................ 427,166 

Federal Administration and Special Grants: 

Ag in the Classroom ....................................................................... 736 

Agricultural and Entrepreneurship Education (WI) .................... 241 

Alabama Beef Connection .............................................................. 393 

Beef Producers Improvement (AR) ................................................ 182 

Conservation Technology Transfer (WI) ....................................... 467 

Dairy Education (IA) ...................................................................... 231 

Dairy Industry Revitalization (WI) ............................................... 300 

681 

FY 2005 Conference 

Diabetes Detection, Prevention (WA) ........................................... 1,093 

E-commerce (MS) ............................................................................ 334 

Efficient Irrigation (NM, TX) ......................................................... 2,179 

Enterpreneurial Alternatives (PA) ................................................ 336 

Extension Specialist (MS) .............................................................. 133 

Food Animal Residue Avoidance Database (FARAD) .................. 812 

Food Preparation and Marketing (AK) ......................................... 334 

Food Product Development (AK) ................................................... 476 

General Administration ................................................................. 5,842 

Health Education Leadership (KY) ............................................... 850 

Iowa Vitality Center ....................................................................... 250 

National Center for Agriculture Safety (IA) ................................. 243 

National Wild Turkey Federation ................................................. 225 

Nursery Production (RI) ................................................................. 297 

Nutrition Enhancement (WI) ......................................................... 973 

Ohio-Israel Agriculture Initiative ................................................. 569 

Oquirrh Institute ............................................................................ 284 

Pilot Technology Transfer (OK, MS) ............................................. 300 

Pilot Technology Transfer (WI) ..................................................... 233 

Potato Pest Management (WI) ...................................................... 379 

Range Improvement (NM) ............................................................. 234 

Resilient Communities (NY) .......................................................... 131 

Rural Business Enhancement (WI) ............................................... 190 

Rural Development (AK) ................................................................ 688 

Rural Development (NM) ............................................................... 351 

Rural Technologies (HI, WI) .......................................................... 312 

Urban Horticulture (WI) ................................................................ 817 

Urban Market Development (NY) ................................................. 275 

Web-based Agriculture Classes (MO) ........................................... 179 

Wood Biomass as an Alternative Farm Product (NY) ................. 190 

Total, Federal Administration ................................................... 22,059 

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

Within funds provided for the farm safety program, the conference agreement includes $4,600,000 for the AgrAbility project as 

proposed by the House instead of $3,312,000 as proposed by the 

Senate. 

The conference agreement provides $736,000 for Ag in the Classroom. Of that amount, no less than $125,000 shall be used to 

expand efforts in Illinois to promote consumption of healthy foods 

and proper school nutrition. The conference agreement provides $973,000 for nutrition en- hancement. Of this amount, $25,000 shall be used for a cooperative 

agreement with the Research Institute of Family Health and 

Wellness at Marywood University in Scranton, Pennsylvania. 

INTEGRATED ACTIVITIES

The conference agreement provides $55,153,000 for integrated activities instead of $66,255,000 as proposed by the House and 

$57,242,000 as proposed by the Senate. 

The following table reflects the conference agreement: 

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

[Dollars in thousands] 

FY 2005 conference 

Water Quality ........................................................................................ $12,971 

Food Safety ............................................................................................. 14,967 

Regional Pest Management Centers .................................................... 4,200 

Crops at Risk from FQPA Implementation ......................................... 1,400 

FQPA Risk Mitigation Program for Major Food Crop Systems ......... 4,500 

682 

FY 2005 conference 

Methyl Bromide Transition Program ................................................... 3,131 

Organic Transition Program ................................................................. 1,889 

International Science and Education Grants Program ...................... 1,000 

Critical Issues Program ......................................................................... 750 

Regional Rural Development Centers Program .................................. 1,345 

Homeland Security, Food and Agriculture Defense Initiative ........... 9,000 

Total, Integrated Activities ........................................................ 55,153 

OUTREACH FOR SOCIALLY DISADVANTAGED FARMERS

The conference agreement provides $5,935,000 for Outreach for 

Socially Disadvantaged Farmers as proposed by both the House 

and Senate. 

OFFICE OF THE UNDER SECRETARY FOR MARKETING AND

REGULATORY PROGRAMS

The conference agreement provides $721,000 for the Office of 

the Under Secretary for Marketing and Regulatory Programs as 

proposed by the House instead of $733,000 as proposed by the Senate. 

ANIMAL AND PLANT HEALTH INSPECTION SERVICE

SALARIES AND EXPENSES

The conference agreement provides $814,623,000 for the Animal and Plant Health Inspection Service (APHIS) instead of 

$831,823,000 as proposed by the House and $786,866,000 as proposed by the Senate. 

The conferees direct that projects identified in House Report 

108–193, Senate Report 108–107, and House Report 108–401 that 

were directed to be funded in fiscal year 2004 are not funded for 

fiscal year 2005 unless specifically mentioned in this conference report and the reports of the House and Senate that accompany this 

Act. Further, the conferees direct APHIS not to redirect funding for 

programs and activities without prior notification to and approval 

by the House and Senate Committees on Appropriations in accordance with the reprogramming procedures specified in this Act. 

The following table reflects the conference agreement: 

Animal and Plant Health Inspection Service 

[In thousands of dollars] 

Program Conference 

recommendation 

Pest and Disease Exclusion: 

Agricultural quarantine inspection ............................................... $25,292 

Cattle ticks ...................................................................................... 6,720 

Foreign animal diseases/FMD ....................................................... 8,740 

Fruit fly exclusion and detection ................................................... 58,343 

Import-export inspection ................................................................ 12,874 

Screwworm ...................................................................................... 27,374 

Trade issues resolution management ........................................... 12,578 

Tropical bont tick ............................................................................ 425 

Total, Pest and Disease Exclusion ............................................. 152,346 

Plant and Animal Health Monitoring: 

Animal health monitoring & surveillance .................................... 145,082 

Animal and plant health regulatory enforcement ....................... 9,382 

683 

Program Conference 

recommendation 

Bio Surveillance .............................................................................. 2,000 

Emergency management systems ................................................. 12,968 

Pest detection .................................................................................. 27,132 

Total, Plant & Animal Health Monitoring ................................ 196,564 

Pest and Disease Management: 

Aquaculture ..................................................................................... 1,255 

Biological control ............................................................................ 9,429 

Boll weevil ....................................................................................... 47,500 

Brucellosis ....................................................................................... 10,356 

Chronic wasting disease ................................................................. 18,839 

Emerging plant pests ..................................................................... 101,567 

Golden nematode ............................................................................ 801 

Grasshopper and Mormon cricket ................................................. 5,528 

Gypsy moth ..................................................................................... 4,768 

Imported fire ant ............................................................................ 2,148 

Johnes disease ................................................................................ 18,740 

Low pathogen avian influenza ....................................................... 23,000 

Noxious weeds ................................................................................. 1,991 

Pink bollworm ................................................................................. 2,150 

Plum pox ......................................................................................... 3,471 

Pseudorabies ................................................................................... 4,350 

Scrapie ............................................................................................. 17,768 

Tuberculosis .................................................................................... 14,937 

Wildlife services operations ........................................................... 73,756 

Witchweed ....................................................................................... 1,523 

Total, Pest and Disease Management ....................................... 363,877 

Animal Care: 

Anilam welfare ................................................................................ 16,618 

Horse protection ............................................................................. 497 

Total, Animal Care ..................................................................... 17,115 

Scientific and Technical Services: 

Biosecurity ...................................................................................... 1,988 

Information technology infrastructure .......................................... 4,589 

Biotechnology regulatory services ................................................. 9,504 

Environmental Compliance ........................................................... 2,624 

Plant methods development labs ................................................... 8,381 

Veterianary biologics ...................................................................... 15,513 

Veterinary diagnostics ................................................................... 20,575 

Wilflife services methods development ......................................... 17,428 

Total, Scientific and Technical Services .................................... 80,602 

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

Physical security .................................................................................... 0 

Total, Salaries and Expenses ..................................................... 814,623 

The conferees provide the following increases in the APHIS 

salaries and expenses account for new and enhanced activities related to the Food and Agriculture Defense Initiative: $33,197,000 

for a national animal identification program, $3,600,000 for state 

cooperative agreements, $2,000,000 for biosurveillance, $2,500,000 

for the control of select agents, $2,303,000 for the National Veterinary Vaccine Bank, $8,641,000 for BSE testing, and $2,900,000 for 

the national animal laboratory network. 

Animal Health Monitoring and Surveillance.—The conference 

agreement includes $145,082,000 for Animal Health Monitoring 

684 

and Surveillance. Within that amount, the conference agreement 

provides an increase of $33,197,000 for the National Animal Identification System (NAIS) and includes bill language naming the 

amount and requiring a report on the system components. The conferees note that, in addition, the Secretary transferred $18,792,997 

from the Commodity Credit Corporation for animal identification in 

April 2004. The conference agreement includes not less than $2,000,000 for 

a cooperative agreement with the Wisconsin Department of Agriculture, Trade and Consumer Protection to continue work carried 

out by the Wisconsin Livestock Identification Consortium. The conferees provide $600,000 for the Farm Animal Identification and Records (FAIR) program. Both the Wisconsin consortium and the FAIR project should also be eligible to apply for additional cooperative agreement funding for animal identification, 

which is funded within the NAIS total. 

The conference agreement provides the full increase requested, $8,641,000 over the fiscal year 2004 level, for activities related to 

Bovine Spongiform Encephalopathy (BSE). In addition, the conferees note that the Department has available $69,900,000, which 

the Secretary transferred in March 2004 from the Commodity 

Credit Corporation (CCC) to fund an intensive BSE surveillance 

and testing program. That funding will allow APHIS to conduct 

testing for approximately 268,000 animals within a 12 to 18 month 

period starting June 1, 2004; as of November 9, 2004, APHIS has 

tested 106,484 cattle. The conferees note that the CCC-transferred 

amount will cover all BSE testing during that timeframe. The conference agreement includes: $300,000 to assist in creating a database of North Carolina’s agriculture industry for rapid 

response capabilities; funding of the New Mexico Rapid Syndrome 

Validation Program at $450,000 to support early detection of pathogens in animals and prevent their spread; $300,000 for Iowa State’s 

work regarding risk assessments of genetically modified agricultural products; $746,000 for an alkaline digester for the Ohio Agriculture Research and Development Center in Wooster, Ohio; and 

$298,000 to address bio-safety issues relating to antibiotic-resistant 

strains of bacteria in Vermont. 

The conference agreement includes increases of $3,600,000 for 

cooperative agreements with states and $1,900,000 for cooperative 

agreements as part of the National Animal Health Laboratory Network. 

Import-Export Inspection.—The conferees provide $12,874,000 

for import-export inspection, including an increase of $1,000,000 for 

select agents, and an increase of $500,000 for a cooperative agreement with the California County Pest Detection Augmentation Program. 

Emerging Plant Pests.—The conference agreement includes an 

increase of $8,469,000 above the amount available in fiscal year 

2004. The conferees provide $36,578,000 for citrus canker eradication; $23,190,000 for Pierce’s Disease/Glassy-winged sharpshooter; $5,000,000 for Emerald Ash borer; $3,000,000 for Sudden 

Oak Death; and $29,168,000 for the Asian long-horned beetle. The 

conferees provide $100,000 of funding for hydrilla eradication 

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685 

ginia and North Carolina. Funding for Karnal bunt, olive fruit fly, 

and miscellaneous pests continue at the fiscal year 2004 level. 

The conferees expect the Secretary to utilize authorities and 

resources of the Commodity Credit Corporation (CCC) to provide 

assistance in response to animal and plant health threats. 

Johne’s Disease.—The conference agreement provides $18,740,000 for Johne’s Disease. From within that amount, the conference agreement provides the fiscal year 2004 funding level to 

continue cooperative agreements with the Wisconsin Department of 

Agriculture, Trade and Consumer Protection. 

Low Pathogenic Avian Influenza.—The conferees provide $23,000,000 for activities relating to the prevention, control, and 

eradication of Low Pathogenic Avian Influenza (LPAI) to remain 

available until expended. Within the total amount, $12,000,000 is 

for indemnities, $3,000,000 is for surveillance activities, up to 

$2,000,000 is for reagents and costs of administering tests, and up 

to $2,000,000 is for live bird market closure for disinfection, as 

needed. Full funding for other LPAI activities that were included 

in the budget request is included in the total. The conferees are 

concerned that LPAI, which appears to be endemic in certain live 

bird markets in urban areas, could mutate into highly pathogenic 

forms. To prevent this from happening, a robust surveillance and 

control system in both commercial poultry industries and live bird 

markets is important. The conferees believe that industry cooperation and program fairness will be maximized through the indemnification of losses. 

Wildlife Services Operations.—The conferees direct that, other 

than funding for the specific items noted in this statement, the 

funds provided in the Wildlife Services Operations line item are 

available for general operations needs. 

The conferees do not concur with the President’s request to reduce funding in the Wildlife Services account to allow cooperators 

to assume a larger share of the costs associated with these activities. 

The conferees provide $1,215,000 for wolf predation management, of which $1,065,000 is for Wisconsin, Minnesota, and Michigan, and $150,000 is for New Mexico and Arizona. The conference 

agreement does not include separate funding for Minnesota, as proposed by the House. 

The conference agreement continues funding for the following 

projects: $300,000 for beaver management in North Carolina; 

$250,000 for crop and aquaculture losses in southwest Missouri; 

$625,000 for game bird predation work with the University of Georgia; $100,000 for predation wildlife services in western Virginia; 

$120,000 for blackbird control in Louisiana; $1,300,000 for predator 

control programs in Montana, Idaho, and Wyoming; $1,000,000 for 

wildlife services in Texas; $150,000 for beaver management and 

damage in Wisconsin; $515,000 for brown tree snake management 

in Guam; $310,000 for Hawaii and Guam operations; $300,000 for 

sandhill cranes in Idaho; $50,000 for control of feral hogs in Missouri; $1,000,000 for cormorant control in New York; $150,000 for 

cormorant control in Michigan; $100,000 for cormorant control in 

the Lake Champlain basin; $750,000 for wildlife service operations 

with the South Dakota Department of Game, Fish, and Parks to 

686 

meet the growing demands of controlling predatory, nuisance, and 

diseased animals; $550,000 for the management of beavers in Mississippi; $335,000 to continue control measures for minimizing 

blackbird damage to sunflowers in North Dakota and $33,000 for 

those purposes in South Dakota; $120,000 for blackbird management efforts in Louisiana; $174,000 for Kansas blackbird control; 

$247,000 for the Jack Berryman Institute, Utah; $199,000 for beaver control in Kentucky; $325,000 for Delta states operations; 

$199,000 for geese control in New York; $249,000 for the New 

Hampshire State operations; and $474,000 for the Nevada Division 

of Wildlife. The conferees do not provide $50,000 for the Cooperative Livestock Protection Program in Pennsylvania as proposed by 

the Senate. 

The conference agreement includes $21,850,000 for a cooperative oral rabies vaccination program. This amount includes an increase of $1,000,000, of which not less than $420,000 is directed to 

go to the state of Florida for bait and related costs. 

Emergency management systems.—The conference agreement includes $12,968,000 for emergency management systems, which 

includes a total of $4,000,000 for emergency coordinators and a 

total of $3,000,000 to establish a vaccine bank. 

Pest Detection.—The conference agreement includes $1,500,000 for select agents, $200,000 for a remote sensing, hyperspectral imaging and light detection and ranging project; and an increase of 

$1,000,000 for surveys through the Cooperative Agricultural Pest 

Surveys system. 

Chronic wasting disease.—For chronic wasting disease, the conferees provide $18,839,000. The conferees direct that of this 

amount $1,750,000 is for Wisconsin and $250,000 is for Alaska. 

Funding for Utah and the Conservation Medicine Center of Chicago remains at fiscal year 2004 levels. 

Veterinary Diagnostics.—The conferees provide an increase of $1,000,000 for the National Animal Health Laboratory Network, as 

requested. The conferees do not continue the funding for equipment 

needs recommended in the Senate report. 

Wildlife Services Methods Development.—The conference agreement includes $17,428,000 for wildlife services methods development. Within that amount, the conferees provide $400,000 in funding for the National Wildlife Research Station in Kingsville, Texas, 

to address emerging infectious disease issues associated with wildlife populations; $498,000 for the Jack Berryman Institute, Utah, 

for addressing wildlife damage management issues; and $352,000 

to continue research efforts at the National Wildlife Research Center field station in Starkville, MS, for resolving problems regarding 

bird damage to aquaculture farms in the Southeast. 

Agricultural Quarantine Inspection.—For fiscal year 2005, the 

conferees provide $25,292,000 for the AQI appropriated account to 

conduct preclearance quarantine inspections. The conferees have 

included the fiscal year 2004 funding level for interline activities 

in Hawaii as proposed by the Senate, assume the reduction of 

$1,246,000 due to one-time equipment purchases, and provide an 

increase of $490,000 for the National Germplasm Laboratory. 

Boll Weevil Eradication.—The conferees provide $47,500,000 

for fiscal year 2005 to continue the Boll Weevil Eradication ProVerDate Aug 04 2004 07:33 Dec 01, 2004 Jkt 096906 PO 00000 Frm 00690 Fmt 6601 Sfmt 6601 E:\HR\OC\HR792.XXX HR792
687 

gram, as proposed by the Senate instead of $47,000,000 as proposed by the House. 

Brucellosis.—The conferees provide an increase of $114,000 

above the fiscal year 2004 level for the brucellosis program. This 

amount continues funding at the fiscal year 2004 level for Montana 

to protect the State’s brucellosis-free status and for the operation 

of the bison quarantine facility and the testing of bison that surround Yellowstone National Park. 

Noxious Weeds.—The conferees provide $1,991,000 for the noxious weeds account. This amount includes $199,000 for the Nez 

Perce Bio-control Center to increase the availability and distribution of biological control organisms used in an integrated weed 

management system, and $298,000 for the Kiski Basin Initiative. 

The conference agreement provides continued funding at the 

fiscal year 2004 level for an invasive species program to prevent 

the spread of cogongrass in Mississippi, and requests that the 

agency take necessary steps to address this invasive weed as a regional infestation problem. 

Fruit fly exclusion and detection.—The conferees include 

$58,343,000 for fruit fly exclusion and detection, a $1,000,000 increase over the fiscal year 2004 level. Of the increase, $100,000 is 

for Texas. 

Grasshopper and mormon cricket.—The conference agreement 

includes $5,528,000 for grasshopper and mormon cricket control. Of 

this amount, no less than $1,000,000 is for activities in Utah and 

funding for Nevada is at no less than the fiscal year 2004 level for 

survey, control and eradication activities. 

Pierce’s Disease/Glassy-winged Sharpshooter.—The conferees 

strongly object to the recent decision of the Office of Management 

and Budget (OMB) to deny funding that the Secretary identified as 

necessary to combat the glassy-winged sharpshooter and to contain 

Pierce’s Disease. The conferees note that OMB’s decision to deny 

this funding has needlessly increased the serious threat posed by 

Pierce’s Disease to California’s multi-billion dollar wine and grape 

industries, constituted an unwelcome intrusion upon the Secretary’s exercise of discretion, and was in total disregard of the fact 

that 33 Members of Congress supported the Secretary’s request for 

these funds. The conferees further note that OMB’s decision in this 

matter contradicted the direction provided to OMB by Congress in 

fiscal year 2004 to ‘‘disregard any arbitrarily imposed cost-share requirements.’’ Accordingly, the conferees strongly encourage OMB to 

approve the $5.2 million USDA requested for efforts to combat 

Pierce’s Disease. 

The conferees recognize the work conducted in Texas related to 

the glassy-winged sharpshooter, and direct the Department to continue this work. 

Vine Mealy Bug.—The conferees are concerned about the effect 

of the vine mealy bug (Planoccocus ficus) on grapes. Over 900,000 

acres of grapes are threatened by this pest. The conferees encourage APHIS to appropriately address this emerging threat through 

the funds available to the agency. 

The conferees direct the agency to initiate a cooperative agreement with the Louisiana Department of Wildlife and Fisheries for 

688 

development of diagnostics related to disease affecting the domestic 

alligator industry. 

The conferees have included language under the Office of the 

Secretary to address concerns that the veterinary diagnostic work 

conducted at Plum Island, New York, remains focused on agriculture. 

BUILDINGS AND FACILITIES

The conference agreement provides $4,967,000 for Animal and 

Plant Health Inspection Service Buildings and Facilities as proposed by the Senate instead of $4,996,000 as proposed by the 

House. 

AGRICULTURAL MARKETING SERVICE

MARKETING SERVICES

The conference agreement provides $75,698,000 for the Agricultural Marketing Service instead of $75,892,000 as proposed by 

the House and $78,198,000 as proposed by the Senate. 

The conferees do not include Senate bill language or funding 

under this section for a web-based supply chain management system, but the conference agreement does provide funding for this 

system under the section 32 account. 

The conferees provide $2,000,000 for activities relating to organic standards. The conferees continue to encourage AMS to use 

this funding to finalize the hiring of an executive director for the 

National Organic Standards Board (NOSB), to create a Peer Review Panel to oversee the USDA accreditation process for organic 

certifiers, and to improve scientific technical support for the NOSB. 

The conferees also encourage AMS to regularly collect and report 

agricultural price trends in the organic industry. 

LIMITATION ON ADMINISTRATIVE EXPENSES

The conference agreement provides $64,459,000 as proposed by 

both the House and Senate. 

FUNDS FOR STRENGTHENING MARKETS, INCOME, AND SUPPLY

(SECTION 32)

The conference agreement provides $15,800,000 for Funds for 

Strengthening Markets, Income, and Supply as proposed by the 

House and Senate. 

The conferees are aware that farmed salmon imports have undercut the market for Alaska wild salmon creating a domestic surplus of wild pink salmon. The conferees encourage the Department 

to use all existing authorities under the section 32 program to purchase surplus domestic salmon and stabilize the domestic salmon 

industry. The conferees are aware that section 32 funds have been 

used to assist food producers affected by adverse market conditions 

caused by an imbalance of supply and demand. 

The conferees strongly encourage the Department to begin development of the Web-based Supply Chain Management System, 

which will benefit the programs of the Agricultural Marketing 

Service, the Farm Service Agency, and the Food and Nutrition 

689 

Service, as well as enhancing food distribution to schools and other 

feeding outlets. Administrative expenses to support section 32 purposes are expressly allowed, and section 32 funds, accordingly, 

should be used to fund support computer systems. The conferees 

believe that all of the cost of the Web-based Supply Chain Management System should be financed from section 32. The first phase 

of the system should be funded at no less than $10,000,000, as included in the Commodity Purchase Support line in the following 

table. 

Section 32 

FY 2005 conference 

Appropriation (30% of Customs Receipts) ........................................... $6,030,964,691 

Less Transfers: 

Food and Nutrition Service ............................................................ ¥5,152,962,000 

Commerce Department .................................................................. ¥77,538,934 

Total, Transfers ........................................................................... ¥5,230,500,934 

Budget Authority ................................................................................... 800,463,757 

Unobligated Balance Available, Start of Year ..................................... 408,050,634 

Recoveries of Prior Year Obligations ................................................... 0 

Rescission ............................................................................................... ¥163,000,000 

Available for Obligation ........................................................................ 1,045,514,391 

Less Obligations: 

Commodity Procurement: 

Child Nutrition Programs (Entitlement Commodities) ............... 400,000,000 

State Option Contract .................................................................... 5,000,000 

Removal of Defective Commodities ............................................... 1,000,000 

Emergency Surplus Removal ......................................................... 73,865,287 

Disaster Relief ................................................................................ 332,202,000 

Estimated Future Needs ................................................................ 196,415,104 

Total, Commodity Procurement ................................................. 1,008,482,391 

Administrative Funds: 

Commodity Purchase Support ....................................................... 21,232,000 

Marketing Agreements and Orders .............................................. 15,800,000 

Total, Administrative Funds ...................................................... 37,032,000 

Total Obligations ......................................................................... 1,045,514,391 

Unobligated Balance Available, End of Year ...................................... 0 

PAYMENTS TO STATES AND POSSESSIONS

The conference agreement provides $3,847,000 for Payments to 

States and Possessions as proposed by the Senate instead of 

$1,347,000 as proposed by the House. 

The conference agreement includes bill language and funding 

for a specialty markets grant as proposed by the Senate. 

GRAIN INSPECTION, PACKERS AND STOCKYARDS ADMINISTRATION

SALARIES AND EXPENSES

The conference agreement provides $37,299,000 for the Grain 

Inspection, Packers and Stockyards Administration as proposed by 

the Senate instead of $37,540,000 as proposed by the House. 

690 

The conference agreement provides an increase of $1,000,000 

for budgeted increases including IT security and BSE-related activities. 

The conference agreement includes $500,000 to continue the 

product verification protocols pilot program, in conjunction with the 

Missouri, Illinois, and Iowa Corn Growers Associations. The pilot 

program is to establish controls for regulated seed varieties and 

augment grain marketing. 

LIMITATION ON INSPECTION AND WEIGHING SERVICES EXPENSES

The conference agreement provides $42,463,000 as proposed by 

the House and Senate. 

OFFICE OF THE UNDER SECRETARY FOR FOOD SAFETY

The conference agreement provides $595,000 for the Office of 

the Under Secretary for Food Safety as proposed by the House instead of $608,000 as proposed by the Senate. 

FOOD SAFETY AND INSPECTION SERVICE

The conference agreement provides $823,760,000 for the Food 

Safety and Inspection Service, instead of $824,746,000 as proposed 

by the House and $823,757,000 as proposed by the Senate. 

The conferees include bill language, as proposed by the Senate, 

regarding full-time equivalent positions for inspections and enforcement of laws and regulations related to the Humane Methods of 

Slaughter Act. 

The conference agreement includes bill language to provide 

$3,000,000 for the Humane Animal Tracking System, a component 

of the Field Automation and Information Management System 

(FAIM). These funds will remain available until September 30, 

2006. The conferees direct FSIS to provide notice to the Committees on Appropriations prior to obligating funds for this purpose, 

with details on specific costs associated with this action, a schedule 

for incorporation, and how this action will benefit enforcement of 

the Humane Methods of Slaughter Act regulations. The conference agreement includes $20,653,000 for regulatory 

and scientific training. The conferees provide the following increases: $17,267,000 for frontline inspectors and humane slaughter enforcement; $3,000,000 

for surveillance related to Bovine Spongiform Encephalopathy; 

$7,153,000 for entry-level training for field employees, food safety 

regulatory essentials training, and biosecurity training; $2,100,000 

for biosurveillance; $2,000,000 for the Food Emergency Response 

Network (FERN); $1,500,000 for FERN data systems; and $350,000 

for microbiological baseline studies, bringing total funding for this 

activity to $2,000,000. 

The conferees commend FSIS for beginning to include photographs of recalled products and website addresses of manufacturers 

in recall press release notices. The conferees urge FSIS to continue 

to do this to the greatest extent possible and also to ask manufacturers if they will voluntarily provide information on retail outlets 

of recalled products for inclusion on the FSIS press release, so that 

consumers may readily locate them. 

691 

Food Safety and Inspection Service, funding by activity 

[In thousands of dollars] 

Food Safety & Inspection: 

Federal ............................................................................................. $742,305 

State ................................................................................................ 52,175 

International ................................................................................... 19,335 

Codex ...................................................................................................... 2,726 

FAIM Project .......................................................................................... 7,219 

Total ............................................................................................. 823,760 

OFFICE OF THE UNDER SECRETARY FOR FARM AND FOREIGN

AGRICULTURAL SERVICES

The conference agreement provides $631,000 for the Office of 

the Under Secretary for Farm and Foreign Agricultural Services as 

proposed by the House instead of $648,000 as proposed by the Senate. 

FARM SERVICE AGENCY

SALARIES AND EXPENSES

The conference agreement provides $1,007,597,000 for the 

Farm Service Agency instead of $1,060,471,000 as proposed by the 

House and $1,004,032,000 as proposed by the Senate. The conferees direct that of this amount $854,000 shall be for additional 

salaries and expenses to carry out disaster assistance related activities. 

STATE MEDIATION GRANTS

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

DAIRY INDEMNITY PROGRAM

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

AGRICULTURAL CREDIT INSURANCE FUND PROGRAM ACCOUNT

The following table reflects the conference agreement: 

Farm Ownership Loans: 

Direct ............................................................................................... ($210,000,000) 

Subsidy ............................................................................................ 11,235,000 

Guaranteed ..................................................................................... (1,400,000,000) 

Subsidy ............................................................................................ 7,420,000 

Farm Operating Loans: 

Direct ............................................................................................... (650,000,000) 

Subsidy ............................................................................................ 65,585,000 

Unsubsidized Guaranteed .............................................................. (1,100,000,000) 

Subsidy ............................................................................................ 35,530,000 

Subsidized guaranteed ................................................................... (285,000,000) 

Subsidy ............................................................................................ 37,934,000 

Indian tribe land acquisition ......................................................... (2,000,000) 

Subsidy ............................................................................................ 105,000 

Boll weevil eradication ................................................................... (100,000,000) 

Subsidy ............................................................................................ 0 

ACIF expenses: 

Salaries and expenses (transfer to FSA) ...................................... 293,764,000 

Administrative expenses ................................................................ 8,000,000 

692 

RISK MANAGEMENT AGENCY

The conference agreement provides $72,044,000 for the Risk 

Management Agency as proposed by the House and the Senate. 

FEDERAL CROP INSURANCE CORPORATION FUND

The conference agreement provides an appropriation of such 

sums as may be necessary for the Federal Crop Insurance Corporation Fund (estimated to be $4,095,128,000 in the President’s fiscal 

year 2005 Budget Request), as proposed by the House and Senate. 

COMMODITY CREDIT CORPORATION FUND

REIMBURSEMENT FOR NET REALIZED LOSSES

The conference agreement provides an appropriation of such 

sums as may be necessary for Reimbursement for Net Realized 

Losses of the Commodity Credit Corporation (estimated to be 

$16,452,377,000 in the President’s fiscal year 2005 Budget Request), as proposed by the House and Senate. 

HAZARDOUS WASTE MANAGEMENT

The conference agreement provides a limitation of $5,000,000 

for Hazardous Waste Management, as proposed by the House and 

Senate. 

TITLE II—CONSERVATION PROGRAMS 

OFFICE OF THE UNDER SECRETARY FOR NATURAL RESOURCES AND

ENVIRONMENT

The conference agreement provides $741,000 for the Office of 

the Under Secretary for Natural Resources and Environment instead of $731,000 as proposed by the House and $758,000 as proposed by the Senate. 

The conferees direct the Natural Resources Conservation Service (NRCS) to provide the Committees on Appropriations a report 

no later than 90 days after enactment of this Act detailing the 

steps necessary and the funds required to complete the Kagman 

watershed project in the Northern Mariana Islands. 

The conference agreement directs the NRCS to provide funding 

from within the Mississippi Wetland Reserve Program allocation to 

restore catfish ponds to functioning wetlands in order to reduce 

flooding, improve water quality, and provide habitat for aquatic 

wildlife. 

NATURAL RESOURCES CONSERVATION SERVICE

CONSERVATION OPERATIONS

The conference agreement includes $837,360,000 for Conservation Operations, instead of $854,132,000 as proposed by the House 

and $845,863,000 as proposed by the Senate. The agreement includes statutory language to make the funds in this account available until June 30, 2006, instead of the funds remaining available 

until expended, as proposed by the Senate. 

693 

The Committee provides $23,500,000 for the Grazing Lands 

Conservation Initiative, $10,500,000 for snow surveys, $14,433,000 

for Plant Materials Centers, and $87,196,000 for the Soil Surveys 

Program. 

Misuse of discretionary funds.—The conferees are concerned 

about the misuse of discretionary conservation technical assistance 

funds. The fiscal year 2004 instructions to State Conservationists 

from the Chief of NRCS, state, ‘‘Your fiscal and performance responsibilities include . . . Assuring that all planning that occurs before the approval of an application for Farm Bill conservation programs is charged to Conservation Technical Assistance (CTA), but 

charge the planning that occurs after the application has been approved (contract planning) to the benefiting program . . .’’. This instruction is in clear violation of provisions of Public Law 108–199, 

which are restated in this Act, directing that none of the funds 

made available to NRCS may be used to provide technical assistance ‘‘with respect to programs listed in section 1241(a) of the Food 

Security Act of 1985.’’ The Office of the General Counsel has opined 

that the language is clear in its prohibition of the use of discretionary CTA funds for Farm Bill conservation programs. The NRCS 

is directed to provide the Committees on Appropriations with a detailed accounting of all CTA funds that were used for Farm Bill 

conservation programs at any point in fiscal years 2003 and 2004, 

including the amounts and dates of any charges made to CTA during the planning process before application approval, by January 

15, 2005. 

State funding allocations.—The conferees are concerned that 

funding allocations to the States are being reduced in proportion to 

Congressional earmarks funded in the Conservation Operations account. The conferees direct the Chief of the NRCS, in making the 

fiscal year 2005 Conservation Operations funding allocations to the 

States, to treat Congressional earmarks as additions to the States’ 

funding allocation. The conferees direct the NRCS to provide a report to the Committees on Appropriations, not later than 45 days 

after the enactment of this Act, including the following: fiscal year 

2004 Conservation Operations Allocation by State, fiscal year 2005 

Conservation Operations Allocation by State, the fiscal year 2005 

Congressional Earmarks by State, and the Total Conservation Operations Allocation by State. 

Projects identified with a specific dollar amount in House Report 108–401 that were directed to be funded by the conferees for 

fiscal year 2004 or identified with a specific dollar amount in 

House Report 108–584 or Senate Report 108–340 are not funded 

for fiscal year 2005, unless specifically mentioned herein. 

The conferees direct NRCS to obligate the funds for the 

projects named within this account within 45 days of enactment, 

and to provide a report within 60 days of enactment to the Committees on Appropriations regarding those obligations, and specifically noting any projects for which funding has been delayed beyond 45 days and the reason for the delay. 

The following funds are directed to be used in cooperative 

agreements continued with the same cooperator entities as in the 

fiscal year 2004 agreements, unless otherwise noted. 

694 

Cooperative agreement between the Alabama Department of 

Conservation and Natural Resources and the Alabama Wildlife 

Federation for conservation education in Millbrook, Alabama— 

$450,000; Obtain/evaluate materials for cold region seeds of plants 

in conjunction w/ Alaska Division of Agriculture (AK)—$315,000; 

Native Plant Materials (evaluating and developing) (AK)— 

$315,000; GIS-based mapping/hyperspectral imaging of agriculture 

lands (AK)—$400,000; NRI pilot development (AK)—$1,200,000; 

Cooperative agreement w/ Soil and Water Conservation District 

(AK)—$1,500,000; National Water Management Center (AR)— 

$2,612,500; Little Red River Irrigation Project (AR)—$399,000; 

Study to determine logistics of transportation/coordination of excess 

nutrient management (AR)—$225,000; East Valley Conservation 

District/Santa Ana Watershed Authority Non-native Plant Removal 

(CA) —$1,000,000; Monterey Bay Sanctuary (CA)—$600,000; Cooperative agreement with the Municipal Water District of Orange 

County, California—$100,000; Cooperative agreement w/ Tufts University to improve conservation practices (CT)—$480,000; Pilot 

projects for technology systems resulting in nutrient reduction 

(FL)—$5,500,000; Manatee Agriculture Reuse System (FL)— 

$2,000,000; Lake Okeechobee Watershed project planning (FL)— 

$310,000; Suwannee, Dixie, and Lafayette Counties dairy and poultry waste treatment (FL)—$280,000; Cooperative agreement w/ 

Green Institute (FL)— $340,000; Implementation of pilot projects 

for nutrient reducing waste treatment systems (FL)—$720,000; 

Georgia Soil and Water Conservation Commission Cooperative 

Agreement (GA)—$3,600,000; Community nutrient management facilities (GA)—$350,000; PMC for Native Plants to clean up the Island of Kahoolawe (HI)—$108,000; Molokai Agriculture Community Committee (HI)—$250,000; Agricultural development/resource 

conservation—Molokai (HI)—$740,000; Idaho One Plan (ID)— 

$200,000; Conversion to sprinkler irrigation—Minidoka (ID)— 

$950,000; Basalt and ground water protection project (ID)— 

$275,000; Ecological site description project w/ ID Association of 

Conservation Districts (ID)—$300,000; Trees Forever Program 

(IL)—$100,000; Iroquois River watershed (IL)—$468,000; Illinois 

River Agricultural Conservation Project w/ Ducks Unlimited (IL)— 

$244,000; Wildlife habitat education program in conjunction w/National Wild Turkey Federation (IL)—$244,000; Cooperative agreement with Kane County, Illinois, for Blackberry Creek watershed 

(IL)—$360,000; Illinois River Basin—EQIP; Hungry Canyon/Loess 

Hills Erosion Control/Western Iowa (IA)—$1,200,000; Trees Forever Program (IA)—$100,000; CEMSA w/ Iowa Soybean Association 

(IA)—$431,500; Cooperative agreement w/ Northern Iowa University (IA)—$450,000; Innovative environmental technology program 

(IN)—$650,000; Soil erosion control cost-share program/soil survey 

program (KY)—$2,800,000; Technical assistance to provide grants 

to Soil Conservation Districts in Kentucky (KY)—$940,000; Cooperative agreement w/ Western Kentucky University (KY)—$400,000; 

Dairy waste remediation-Lake Ponchartrain Basin (LA)—$295,000; 

Cooperative agreement w/ LSU on effectiveness of agriculture and 

forestry (LA)—$336,500; False River sedimentation/Bayou Grosse 

(LA)—$150,000; Chesapeake Bay activities (MD)—$6,000,000; Conservation related to cranberry production (MA/WI)—$570,000; 

695 

Weed It Now—Taconic Mountains (MA/NY/CT)—$200,000; Great 

Lakes pilot program for conservation (MI)—$575,000; Mississippi 

Conservation Initiative (MS)—$2,500,000; Delta Water Resources 

Study (MS) $700,000; Delta Conservation Demonstration Center, 

Washington County (MS) $1,400,000; Soil erosion/Alcorn State 

(MS)—$175,000; Cattle and nutrient management in stream crossings (MS)—$900,000; Choctaw County feasibility study for surface 

impoundment (MS)—$230,000; Wildlife Management Institute 

(MS)—$5,813,000; Humphrey’s County Hospital flood protection 

(MS)—$125,000; Drainage improvements/Hinds County (MS)— 

$250,000; Drainage improvements, Port Gibson, (MS)—$397,000; 

Rankin County-Richland Creek Watershed (MS)—$250,000; Rankin 

County erosion control project, Mill Creek (MS)—$225,000; Upper 

White River Water Quality Project in southern Missouri (MO)— 

$391,500; Lake Tahoe Basin Soil Conservation Project (NV/CA)— 

$500,000; Great Basin Land and Water study (NV)—$300,000; 

State conservation cost share program (NJ)—$950,000; Riparian 

restoration activities along Rio Grande and Pecos River (NM)— 

$540,000; Pastureland Management/Rotational Grazing (NY)— 

$600,000; Best management practices/Skaneateles and Owasco Watersheds (NY)—$325,000; Address non-point pollution in Onondaga 

and Oneida Lake Watersheds (NY)—$500,000; Phase II/Watershed 

Agriculture Council in Walton (NY)—$700,000 of which $80,000 is 

for monitoring the easements purchased by the Council’s Whole 

Farm Easement Program; Pace University Land Use Law Center 

(NY)—$200,000; technical assistance to address water quality problems in Sodus Bay watershed, Wayne County (NY)—$250,000; New 

York State Agriculture and Environment Management Program 

(NY)—$800,000; Long Island Sound watershed initiative (NY)— 

$200,000; Erosion control/stabilization for Hudson River shoreline 

(NY)—$250,000; Technical assistance to livestock/poultry industry 

(NC)—$450,000; West Cary Watershed and Farmland Protection 

Project (NC)—$300,000; Red River Flood Prevention/Energy and 

Environmental Research Center (ND)—$1,000,000; North Central 

Planning Council water utilization/Devil’s Lake (ND)—$350,000; 

Maumee Watershed Hydrological Study and Flood Mitigation Plan 

(OH)—$1,000,000; Oregon Garden, Silverton (OR)—$325,000; Native grassland demo project in the vicinity of Tar Creek (OK)— 

$2,350,000; Pawcatuck Watershed (RI)—$500,000; Study to characterize land use change while preserving natural resources in cooperation with Clemson University (SC)—$1,200,000; GIS based 

Model to integrate commodity and conservation (SC)—$900,000; 

Bexar, Medina, Uvalde Counties irrigation in Edwards Aquifer 

(TX)—$500,000; Field office telecommunications pilot program/advanced soil survey methods (TX)—$2,400,000; Leon River Restoration project (TX)—$100,000; Range vegetation pilot project, Ft. 

Hood (TX)—$500,000; a cooperative agreement with the Texas 

Water Resources Institute to implement a watershed protection 

plan for Tarrant County (TX)—$500,000; AFO/CAFO Pilot Project 

(UT)—$300,000; Dry Creek/Neff’s Grove project (UT)—$1,050,000; 

Study to examine effects of vegetative manipulation on water yields 

w/ Utah State (UT)—$625,000; Washington Fields (UT)— 

$1,125,000; Utah Conservation Initiative (UT)—$1,000,000; Reduce 

phosphorus loading into Lake Champlain (VT)—$295,000; Pilot 

696 

farm viability program project (VT) $233,500; Walla Walla watershed alliance (WA)—$500,000; Design/implement natural stream 

restoration initiatives (WV)—$785,000; Soil survey geographic 

database in the Mid-Atlantic Highlands (WV)—$190,000; Poultry 

Litter Composting (WV)—$160,000; Potomac and Ohio River Basin 

Soil Nutrient Project (WV)—$300,000; Appalachian Small Farmer 

Outreach Program (WV)—$860,000; GIS Center of Excellence at 

West Virginia University (WV)—$4,418,500; Grazing Lands Initiative/Wisconsin Department of Ag (WI)—$950,000; Examine benefits 

of using vegetative buffers w/ Univ. of Wisconsin—Madison (WI)— 

$550,000; Conservation land internship program (WI)—$114,000; 

Wisconsin Tribal Conservation Advisory Committee cooperative 

agreement (WI)—$287,500; Cooperative agreement w/Sand County 

Foundation (WI)—$1,050,000; University of Wisconsin cooperative 

agreement on conservation tech transfer (WI)—$300,000; Cooperative agreement with Pioneer Farm (WI)—$300,000; Soil survey 

mapping project (WY)—$300,000; Audubon at Home Pilot Program—$500,000; Great Lakes Basin Program for Soil & Erosion 

Sediment—$2,500,000; On-Farm Management Systems Evaluation 

Network—$200,000; Watershed management demo program/ 

NPPC—$548,000; National Fish and Wildlife Foundation Partnerships—$3,000,000; Source water protection project to States showing greatest need—$3,250,000; and Operation Oak Program to restore hardwoods—$350,000. 

The conferees provide $900,000 for the continued development 

of a geographic information system database in South Carolina to 

integrate commodity and conservation program data at the field 

level for watershed analysis and other purposes as the agency 

deems appropriate. The conferees encourage the agency to consider 

the designation of the University of South Carolina Earth Sciences 

Resources Institute as an Information Technology Center of Excellence. 

The conferees recognize that the High Plains Aquifer, with the 

Ogallala Aquifer as its most important component, lies beneath 

eight States and is the primary source of water for all reported 

uses in western Kansas. The conferees are aware that the aquifer 

is depleting at alarming rates and absent conservation efforts could 

be dry within two decades. The conferees urge the agency to give 

consideration to the use of ground and surface water funding for 

projects in Kansas that will conserve this aquifer. 

The conferees support the preservation of the last tallgrass 

prairie in North America, most of which is located in the Flint Hills 

region of Kansas. The conferees recognize that the tallgrass prairie 

provides rich ranching lands, open spaces, and habitat for a diverse 

assemblage of plants and animals. The conferees urge the agency 

to give consideration to the use of all appropriate funding sources 

for projects in Kansas that will preserve and protect this unique 

area. 

Edwards Aquifer.—The conferees encourage the Agency to provide technical and financial assistance to the Edwards Aquifer Authority, San Antonio Water Systems, and other local entities, regarding plugging of wells to address pollution concerns. 

The conferees appreciate previous efforts by NRCS to conserve 

sage grouse habitat in the western United States. The conferees 

697 

encourage the agency to use no less than $5,000,000 in fiscal year 

2005 to enhance its efforts on sage grouse habitat conservation. Additionally, NRCS should consider using such funds on public land 

grazing leases in addition to private lands. 

Plant Materials Centers.—The conference agreement provides 

funding to complete construction of the Fallon, Nevada, Plant Materials Center, $1,500,000, and of the storage facility at the Alaska 

Plant Materials Center, $1,350,000. The conference agreement provides funding for the Kika de la Garza Plant Materials Center at 

no less than the fiscal year 2004 level, to continue the work conducted at the Center. 

WATERSHED SURVEYS AND PLANNING

The conference agreement provides $7,083,000 for Watershed 

Surveys and Planning instead of $11,083,000 as proposed by the 

House and $7,500,000 as proposed by the Senate. 

The conferees are concerned that additional watershed surveys 

and planning work is being initiated at a time when ongoing planning is not being completed in a timely manner, and the backlog 

for watershed project implementation and construction continues to 

mount. The conferees direct the Chief of NRCS to evaluate and 

rank planning efforts in order to fund and complete the most promising projects based upon merit, and notify the Committees on Appropriations of the selected watershed projects. 

WATERSHED AND FLOOD PREVENTION OPERATIONS

The conference agreement provides $75,576,000 for Watershed 

and Flood Prevention Operations instead of $86,487,000 as proposed by the House and $64,000,000 as proposed by the Senate. 

The conferees include bill language which limits the amount 

spent on technical assistance to not more than $35,000,000. 

The conferees include funding to complete the next phase of 

projects listed in the House and Senate reports. 

WATERSHED REHABILITATION PROGRAM

The conference agreement provides $27,500,000 for the Watershed Rehabilitation Program instead of $30,091,000 as proposed by 

the House and $25,000,000 as proposed by the Senate. 

The conferees direct that funding under this program be provided for rehabilitation of structures determined to be of high priority need in order to protect property and ensure public safety. 

RESOURCE CONSERVATION AND DEVELOPMENT

The conference agreement provides $51,641,000 for Resource 

Conservation and Development as proposed by the House instead 

of $50,760,000 as proposed by the Senate. 

The conferees include bill language as proposed by the House 

that directs the Secretary to enter into an agreement with a national association related to the Resource Conservation and Development program, and directs that such an agreement must maintain the same matching, contribution requirements and funding set 

forth in previous agreements. 

698 

The conferees also include bill language that limits funding for 

national headquarters activities as proposed by the House. 

TITLE III—RURAL DEVELOPMENT PROGRAMS 

OFFICE OF THE UNDER SECRETARY FOR RURAL DEVELOPMENT

The conference agreement provides $632,000 for the Office of 

the Under Secretary for Rural Development as proposed by the 

House instead of $645,000 as proposed by the Senate. 

The conferees direct the Under Secretary to give consideration 

to the following projects or organizations requesting financial and/ 

or technical assistance, and grants and/or loans made available 

under the Rural Development mission area: Las Lomas Colonia, 

Starr County (TX), park and youth center; City of Benevides (TX), 

infrastructure for town park; City of Penitas (TX), development of 

wildlife park; City of Rio Grande City (TX), improvements for 

neighborhood pocket park; water and waste disposal loans for 

Pojoaque Pueblo (NM); and Union-Lincoln Regional Water Supply 

Initiative (LA), for alternative water supply program. 

The conferees expect the Under Secretary to approve these 

projects only when such applications are judged to be meritorious 

when subject to established review procedures. 

The conference agreement includes a general provision (Section 793) that provides $2,250,000 to assist in the establishment of pilot 

cooperative healthcare purchasing alliances for farmers, ranchers, 

small businesses and non-profit organizations in Wisconsin and 

Minnesota. The conferees expect the Department to provide the 

grant within 60 days of enactment of this Act to the Wisconsin 

Federation of Cooperatives, of which $2,000,000 is for the establishment of a stop loss fund and of which $250,000 is for administrative expenses, including actuarial studies. 

RURAL COMMUNITY ADVANCEMENT PROGRAM

The conference agreement provides $716,049,000 for the Rural Community Advancement Program (RCAP) instead of $668,408,000 

as proposed by the House and $733,360,000 as proposed by the 

Senate. 

The conference agreement provides $89,180,000 for rural com- munity programs; $552,689,000 for rural utilities programs, of 

which $1,000,000 is for grants to nonprofit organizations to finance 

construction, refurbishing, and servicing of individually-owned 

household water well systems in rural areas, and of which 

$500,000 is for revolving funds for financing water and wastewater 

projects; and $74,180,000 is for rural business and cooperative development programs. 

The conference agreement provides $25,000,000 for loans and 

grants to benefit Federally Recognized Native American Tribes. 

The conference agreement provides $4,500,000 for community 

facilities grants to tribal colleges. The conference agreement provides $6,350,000 for the Rural 

Community Development Initiative. 

The conference agreement provides $1,000,000 for grants to 

the Delta Regional Authority for any Rural Community Advancement Program purpose. 

699 

The conference agreement provides $18,250,000 for technical 

assistance grants for rural water and waste systems. The conference agreement provides $5,600,000 for the Rural Community Assistance Programs, of which $800,000 shall be for a 

qualified national Native American Organization to provide technical assistance for rural water systems for tribal communities. The conference agreement provides $13,500,000 for a circuit 

rider program. The conference agreement provides $26,000,000 for rural and 

Native villages in Alaska. The conference agreement provides $21,000,000 for facilities in 

rural communities with extreme unemployment and severe economic depression. The conference agreement provides $28,000,000 to be transferred to the Rural Utilities Service, High Energy Cost Grants Account. 

The conference agreement does not include $200,000 for 

predevelopment planning grants from the Rural Community Development Initiative. 

The conferees expect the Department to continue Rural Community Advancement Program predevelopment planning grants. 

The conferees encourage the Department to provide a rural 

business enterprise grant for the Tioga County Rural Economic 

Area Partnership Zone to coordinate and facilitate local community 

development projects in Tioga County, New York. 

The following table indicates the distribution of funding for the 

RCAP: 

Community Facilities ............................................................................ $89,180,000 

Business-Cooperative Development ..................................................... 74,180,000 

Water and Waste ................................................................................... 552,689,000 

Total ............................................................................................. 716,049,000 

Directed spending: 

Federally Recognized Native American Tribes ............................ 25,000,000 

Rural Community Development Initiative ................................... 6,350,000 

Technical Assistance for Rural Transportation ........................... 750,000 

Delta Regional Authority ............................................................... 1,000,000 

Colonias ........................................................................................... 25,000,000 

Alaska Villages ............................................................................... 26,000,000 

Technical Assistance ...................................................................... 18,250,000 

Circuit Rider ................................................................................... 13,500,000 

EZ/EC and REAP ........................................................................... 22,166,000 

Economic Impact Initiative Grants ............................................... 21,000,000 

High Energy Cost Grants .............................................................. 28,000,000 

RCAP ............................................................................................... 5,600,000 

Nonprofit individually-owned water well grants ......................... 1,000,000 

Water and Wastewater Revolving Funds ..................................... 500,000 

Tribal Colleges ................................................................................ 4,500,000 

RURAL DEVELOPMENT SALARIES AND EXPENSES

The conference agreement provides $148,452,000 for Rural Development Salaries and Expenses instead of $171,250,000 as proposed by the House and $143,452,000 as proposed by the Senate. 

The conferees provide an increase of $5,000,000 within the 

Rural Development Salaries and Expenses account to be used to 

complete the consolidation of St. Louis Rural Development activities at the Goodfellow facility. The conferees further request the 

700 

Department to provide the Committees on Appropriations a report 

on the status of the consolidation within 60 days after enactment 

of this Act. 

RURAL HOUSING SERVICE

RURAL HOUSING INSURANCE FUND PROGRAM ACCOUNT

The conference agreement provides a total subsidy of $228,256,000 for activities under the Rural Housing Insurance 

Fund Program Account instead of $230,030,000 as proposed by the 

House and $228,847,000 as proposed by the Senate. 

The conference agreement provides for an estimated loan pro- gram level of $4,720,843,000 instead of $4,686,906,000 as proposed 

by the House and $4,157,691,000 as proposed by the Senate. 

The conference agreement provides for a transfer of $448,342,000 to salaries and expenses as proposed by the Senate 

instead of $448,889,000 as proposed by the House. 

The conference agreement includes a provision authorizing 

housing funds initially allocated to Alaska to be available until 

September 30, 2006. 

The conference agreement does not include bill language restricting the section 515 rental housing program to repair and rehabilitation. 

The conferees include a general provision (Section 726) to increase the guarantee fee for the guaranteed single-family housing 

loan program to two percent. The conferees are concerned that in 

fiscal years 2003 and 2004, the Rural Housing Service needed to 

exercise the Secretary’s interchange authority to transfer additional budget authority to avoid shutting down the guaranteed loan 

program. The fiscal year 2005 President’s budget request included 

only a small increase in loan level above the appropriated fiscal 

year 2004 level. Raising the guarantee fee to two percent will allow 

this guarantee loan program to more effectively use its budget authority. 

The following table indicates loan and subsidy levels provided 

in the conference agreement: 

Rural Housing Insurance Fund Program Account 

Loan authorizations: 

Single family (sec. 502) .................................................................. ($1,150,000,000) 

Unsubsidized guaranteed ............................................................... (3,309,297,000) 

Housing repair (sec. 504) ............................................................... (35,000,000) 

Rental housing (sec. 515) ............................................................... (100,000,000) 

Site loans (sec. 524) ........................................................................ (5,045,000) 

Multi-family housing guarantees .................................................. (100,000,000) 

Multi-family housing credit sales .................................................. (1,501,000) 

Single family housing credit sales ................................................. (10,000,000) 

Self help housing land development ............................................. (10,000,000) 

Total, Loan authorizations ......................................................... (4,720,843,000) 

Loan subsidies: 

Single family (sec. 502) .................................................................. 133,170,000 

Unsubsidized guaranteed ............................................................... 33,608,000 

Housing repair (sec. 504) ............................................................... 10,171,000 

Rental housing (sec. 515) ............................................................... 47,090,000 

Site loans (sec. 524) ........................................................................ — 

Multi-family housing guarantees .................................................. 3,490,000 

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Rural Housing Insurance Fund Program Account—Continued 

Multi-family housing credit sales .................................................. 727,000 

Single family housing credit sales ................................................. — 

Self help housing land development ............................................. — 

Total, Loan subsidies .................................................................. 228,256,000 

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

RENTAL ASSISTANCE PROGRAM

The conference agreement provides $592,000,000 for the Rental 

Assistance Program as proposed by the House instead of 

$585,900,000 as proposed by the Senate. 

MUTUAL AND SELF-HELP HOUSING GRANTS

The conference agreement provides $34,000,000 for Mutual 

and Self-Help Housing Grants as proposed by the House and Senate. 

RURAL HOUSING ASSISTANCE GRANTS

The conference agreement provides $43,992,000 for Rural 

Housing Assistance Grants instead of $42,500,000 as proposed by 

the House and $46,992,000 as proposed by the Senate. 

The conferees provide $3,000,000 for the preservation of the 

section 515 multi-family housing portfolio. The conferees encourage 

the Secretary to issue a Notice of Funding Availability within 90 

days of enactment of this Act. The Secretary should give funding 

priority to entities with equal or greater matching funds, including 

housing tax credits for rural housing assistance. Additional priority 

should be provided to entities with experience in the administration of revolving loan funds and the preservation of multi-family 

housing. 

The conference agreement provides $1,800,000 for Empowerment Zones and Enterprise Communities and communities designated by the Secretary of Agriculture as Rural Economic Area 

Partnership Zones. 

FARM LABOR PROGRAM ACCOUNT

The conference agreement provides $34,118,000 for the Farm 

Labor Program Account instead of $36,765,000 as proposed by the 

House and $31,471,000 as proposed by the Senate. 

The conference agreement provides $38,500,000 for an estimated loan program level, $18,118,000 for loan subsidies, and 

$16,000,000 for grants. 

RURAL BUSINESS-COOPERATIVE SERVICE

RURAL DEVELOPMENT LOAN FUND PROGRAM ACCOUNT

The conference agreement provides an estimated loan program 

level of $34,213,000 with a subsidy of $15,868,000 for the Rural Development Loan Fund as proposed by the House and Senate. 

The conference agreement provides for a transfer of $4,316,000 

to the Rural Development salaries and expenses account as proVerDate Aug 04 2004 07:33 Dec 01, 2004 Jkt 096906 PO 00000 Frm 00705 Fmt 6601 Sfmt 6601 E:\HR\OC\HR792.XXX HR792
702 

posed by the Senate instead of $4,321,000 as proposed by the 

House. 

The conference agreement includes $3,449,000 for Mississippi Delta Region counties, of which up to $1,500,000 is for the Delta 

Regional Authority. 

RURAL ECONOMIC DEVELOPMENT LOAN FUND PROGRAM ACCOUNT

The conference agreement provides an estimated loan program 

level of $25,003,000 for the Rural Economic Development Loan 

Fund Program Account with a subsidy of $4,698,000 as proposed 

by the House and Senate to remain available until expended. 

RURAL COOPERATIVE DEVELOPMENT GRANTS

The conference agreement provides $24,000,000 for Rural Cooperative Development Grants as proposed by the Senate instead 

of $23,500,000 as proposed by the House. 

The conference agreement provides $15,500,000 for valueadded agricultural product market development grants. 

RURAL EMPOWERMENT ZONES AND ENTERPRISE COMMUNITIES GRANTS

The conference agreement provides $12,500,000 for Rural Empowerment Zones and Enterprise Communities Grants as proposed 

by the Senate instead of $11,419,000 as proposed by the House. 

The conference agreement includes bill language providing 

that $1,000,000 shall be for third round empowerment zones. 

RENEWABLE ENERGY PROGRAM

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

$20,000,000 as proposed by the Senate. 

RURAL UTILITIES SERVICE

RURAL ELECTRIFICATION AND TELECOMMUNICATIONS LOANS PROGRAM

ACCOUNT

The conference agreement provides a total subsidy of 

$5,158,000 for activities under the Rural Electrification and Telecommunications Loans Program Account. The conference agreement provides for an estimated loan program level of 

$4,840,000,000 as proposed by the House and Senate. 

The conference agreement provides for a transfer of 

$38,277,000 to the Rural Development salaries and expenses account as proposed by the Senate instead of $38,323,000 as proposed 

by the House. 

The conferees are concerned by the Department’s reprogramming of the Rural Electrification and Telecommunications Loan 

Program in fiscal year 2004. The program levels are estimates, not 

limitations, and the affected direct loan program levels had negative subsidy rates in fiscal year 2004. If the program levels with 

negative subsidy rates in this account are insufficient to meet the 

expected demand, the program level should be increased with no 

offset to another program level. The Committees on Appropriations 

continue to require notification of any reprogramming and expect 

703 

that all loan level reprogramming be consistent with this paragraph. 

The following table indicates loan and subsidy levels provided 

in the conference agreement: 

Rural Electrification and Telecommunications Loans Program Account 

Loan authorizations: 

Electric: 

Direct, 5 percent ...................................................................... ($120,000,000) 

Direct, Muni ............................................................................. (100,000,000) 

Direct, FFB .............................................................................. (2,000,000,000) 

Direct, Treasury rate .............................................................. (1,000,000,000) 

Guaranteed .............................................................................. (100,000,000) 

Guaranteed underwriting ....................................................... (1,000,000,000) 

Subtotal ................................................................................ (4,320,000,000) 

Telecommunications: 

Direct, 5 percent ...................................................................... (145,000,000) 

Direct, Treasury rate .............................................................. (250,000,000) 

Direct, FFB .............................................................................. (125,000,000) 

Subtotal ................................................................................ (520,000,000) 

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

Loan subsidies: 

Electric: 

Direct, 5 percent ...................................................................... 3,648,000 

Direct, Muni ............................................................................. 1,350,000 

Guaranteed .............................................................................. 60,000 

Subtotal ................................................................................ 5,058,000 

Telecommunications: Direct, Treasury rate ................................. 100,000 

Total, loan subsidies ................................................................... 5,158,000 

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

RURAL TELEPHONE BANK PROGRAM ACCOUNT

The conference agreement provides an estimated loan program 

level of $175,000,000 for the Rural Telephone Bank Program Account as proposed by the House and Senate. 

The conference agreement provides for a transfer of $3,152,000 

to the Rural Development salaries and expenses account as proposed by the House and the Senate. 

DISTANCE LEARNING, TELEMEDICINE, AND BROADBAND PROGRAM

The conference agreement provides $56,425,000 for the Distance Learning, Telemedicine, and Broadband Program instead of 

$44,594,000 as proposed by the House and $60,064,000 as proposed 

by the Senate. 

The conference agreement provides for an estimated loan program level of $50,000,000 for distance learning and telemedicine 

and $550,000,000 for broadband telecommunications. 

The conference agreement includes $35,000,000 for distance 

learning and telemedicine grants, of which $10,000,000 is for public 

broadcasting system grants. The conference agreement also inVerDate Aug 04 2004 07:33 Dec 01, 2004 Jkt 096906 PO 00000 Frm 00707 Fmt 6601 Sfmt 6601 E:\HR\OC\HR792.XXX HR792
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cludes $710,000 for the distance learning and telemedicine loan 

subsidy. The conference agreement includes $11,715,000 for broadband telecommunications loan subsidy, and $9,000,000 for grants. 

TITLE IV—DOMESTIC FOOD PROGRAMS 

OFFICE OF THE UNDER SECRETARY FOR FOOD, NUTRITION AND

CONSUMER SERVICES

The conference agreement provides $595,000 for the Office of 

the Under Secretary for Food, Nutrition and Consumer Services, as 

proposed by the House, instead of $608,000 as proposed by the Senate. 

FOOD AND NUTRITION SERVICE

CHILD NUTRITION PROGRAMS

The conference agreement provides $11,782,000,000 for Child Nutrition Programs, instead of $11,380,557,000, as proposed by 

both the House and Senate. Included in the total is an appropriated amount of $6,629,038,000 and a transfer from section 32 of 

$5,152,962,000. 

The conference agreement includes a provision prohibiting use 

of funds for studies and evaluations. 

The conference agreement provides the following for Child Nutrition programs: 

Total Obligational Authority 

Child Nutrition Programs: School lunch program ..................................................................... $6,794,930,000 

School breakfast program .............................................................. 1,925,044,000 

Child and adult care food program ............................................... 2,058,976,000 

Summer food service program ....................................................... 282,787,000 

Special milk program ..................................................................... 17,210,000 

State administrative expenses ....................................................... 144,878,000 

Commodity procurement and computer support ......................... 541,858,000 

School meals initiative/Team nutrition ........................................ 10,025,000 

Food safety education ..................................................................... 1,000,000 

Coordinated review effort .............................................................. 5,235,000 

Program pay cost ............................................................................ 57,000 

Total ............................................................................................. 11,782,000,000 

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

The conference agreement provides $5,277,250,000 for the Special Supplemental Nutrition Program for Women, Infants and Children (WIC), instead of $4,907,250,000 as proposed by the House, 

and $5,175,250,000 as proposed by the Senate. 

The conference agreement provides an increase of $190,000,000 

above the budget amendment that was submitted July 14, 2004. 

Within the total provided, the conferees redirect $37,250,000 from 

requested initiatives to meet current and anticipated increases in 

program participation. 

The conference agreement includes $125,000,000 for a contingency reserve fund, to be allocated as the Secretary deems necessary, as proposed by the Senate. The conference agreement does 

705 

not include statutory language designating the amount as an emergency requirement. 

The conference agreement does not include bill language that sets aside $5,000,000 for childhood obesity and $20,000,000 for 

State management information systems. 

FOOD STAMP PROGRAM

The conference agreement provides $35,154,554,000 for the Food Stamp Program, instead of $33,635,798,000 as proposed by 

the House and $33,641,798,000 as proposed by the Senate. Included in this amount is a reserve of $3,000,000,000, to remain 

available until September 30, 2006. In addition to the $3,000,000,000 in the reserve, the conference 

agreement includes $30,499,527,000 for program expenses, 

$1,515,027,000 for grants to Puerto Rico and Samoa, and 

$140,000,000 for commodity purchase for The Emergency Food Assistance Program. 

The conference agreement includes a provision allowing for purchase of bison meat, in an amount not to exceed $4,000,000, for 

the Food Distribution Program on Indian Reservations. 

COMMODITY ASSISTANCE PROGRAM

The conference agreement provides $178,797,000 for the Commodity Assistance Program as proposed by the House, instead of 

$172,081,000, as proposed by the Senate. 

Within that amount, the conference agreement provides $107,716,000 for the Commodity Supplemental Food Program, as 

proposed by the House. 

The conference agreement includes a provision allowing the 

Secretary to determine what form of special assistance would go towards supporting the nuclear affected islands in this account. The conferees provide $50,000,000 for administration—processing, storage, transport, and distribution—of The Emergency 

Food Assistance Program (TEFAP). The conference agreement includes a general provision (Section 739) that provides the Secretary 

with authority to transfer up to $10,000,000 from TEFAP commodity purchases to administration. 

NUTRITION PROGRAMS ADMINISTRATION

The conference agreement provides $139,937,000 for Nutrition Programs Administration, instead of $133,742,000 as proposed by 

the House, and $142,592,000 as proposed by the Senate. The conference agreement does not include funding for the requested initiatives as proposed by the Senate. 

The conference agreement does not include language regarding 

WIC-only stores, as proposed by the House. 

TITLE V—FOREIGN ASSISTANCE AND RELATED PROGRAMS 

FOREIGN AGRICULTURAL SERVICE

SALARIES AND EXPENSES

The conference agreement provides $137,822,000 for the Foreign Agricultural Service, Salaries and Expenses instead of 

706 

$137,722,000 as proposed by the House and $139,162,000 as proposed by the Senate. 

The conference agreement includes the following increases: 

$1,759,000 for ICASS; $1,565,000 to offset the increased costs in 

overseas currency rates; $490,000 for overseas telecommunications; 

$516,000 for capital surcharge; and $600,000 for technical assistance for the promotion of specialty crop exports. 

PUBLIC LAW 480 TITLE I AND TITLE II PROGRAM AND GRANT

ACCOUNTS

The conference agreement provides $94,198,000 for Title I loan 

subsidies for a loan level of $109,000,000 as proposed by the Senate 

instead of $86,420,000 for Title I loan subsidies and a loan level of 

$100,000,000 as proposed by the House. 

The conference agreement includes bill language providing 

that the Secretary of Agriculture may implement a commodity 

monetization program under existing provisions of the Food for 

Progress Act of 1985 to provide no less than $5,000,000 in localcurrency funding support for rural electrification overseas as proposed by the House. 

The conference agreement provides $22,723,000 for Ocean 

Freight Differential Grants as proposed by the House and the Senate. 

The conference agreement provides $1,182,501,000 for Public 

Law 480 Title II Grants instead of $1,180,002,000 as proposed by 

the House and $1,185,000,000 as proposed by the Senate. 

The following table reflects the conference agreement for Public Law 480 program accounts: 

Public Law 480 

Title 1—Program account: 

Loan authorization, direct ............................................................. ($109,000,000) 

Loan subsidies ................................................................................ 94,198,000 

Ocean freight differential ............................................................... 22,723,000 

Title II—Commodities for disposition abroad: 

Program level .................................................................................. (1,182,501,000) 

Appropriation .................................................................................. 1,182,501,000 

Salaries and expenses: 

Foreign Agricultural Service (transfer) ........................................ 1,097,000 

Farm Service Agency (transfer) ..................................................... 2,937,000 

COMMODITY CREDIT CORPORATION EXPORT LOANS PROGRAM

ACCOUNT

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

House. 

MCGOVERN-DOLE INTERNATIONAL FOOD FOR EDUCATION AND CHILD

NUTRITION PROGRAM GRANTS

The conference agreement provides $87,500,000 for McGovernDole International Food for Education and Child Nutrition Program Grants instead of $75,000,000 as proposed by the House and 

$100,000,000 as proposed by the Senate. 

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TITLE VI—RELATED AGENCIES AND FOOD AND DRUG 

ADMINISTRATION 

DEPARTMENT OF HEALTH AND HUMAN SERVICES 

FOOD AND DRUG ADMINISTRATION

SALARIES AND EXPENSES

The conference agreement provides total appropriations, including Prescription Drug User Fee Act, Medical Device User Fee 

Act, and Animal Drug User Fee Act collections, of $1,788,478,000 

for the salaries and expenses of the Food and Drug Administration, 

instead of $1,788,849,000, as proposed by the House and 

$1,791,599,000 as proposed by the Senate, and provides specific 

amounts by FDA activity as reflected in the following table. 

FOOD AND DRUG ADMINISTRATION, SALARIES AND EXPENSES 

[In thousands of dollars] 

Program Budget authority 

Prescription 

drug user fees 

Medical device user fees Animal drug 

user fees Total 

Foods ..................................................................... 439,038 .................... .................... .................... 439,038 

Human Drugs ........................................................ 293,839 204,808 .................... .................... 498,647 

Biologics ................................................................ 124,104 40,441 8,169 .................... 172,714 

Animal Drugs and Feeds ...................................... 91,216 .................... .................... 7,748 98,964 

Medical Devices .................................................... 216,699 .................... 18,379 .................... 235,078 

National Center for Toxicological Research .......... 40,530 .................... .................... .................... 40,530 

Other Activities ...................................................... 87,936 23,738 4,061 235 115,970 

Rent and Rent-related Activities .......................... 54,036 3,000 686 .................... 57,722 

Rental Payments to GSA ....................................... 114,394 12,407 2,643 371 129,815 

Total Recommendation ............................ 1,461,792 284,394 33,938 8,354 1,788,478 

The conference agreement also makes mammography user fees 

and export certification user fees available to the agency. 

Within the total funding for the Food and Drug Administration, the following increases above the fiscal year 2004 level are 

provided: $35,500,000 for activities related to food safety and food 

defense, as proposed by the Senate, instead of $43,367,000 as proposed by the House; $8,325,000 for activities related to BSE, as 

proposed by the House and Senate; $25,555,000 for medical device 

review, as proposed by the Senate, instead of $23,055,000 as proposed by the House; $5,000,000 for medical countermeasures to ensure preparedness in the event of war or catastrophic events, as 

proposed by the House and Senate; and $15,628,000 for relocation 

expenses related to the move of the Center for Drug Evaluation 

and Research offices to the consolidated White Oak campus, instead of $10,628,000 as proposed by the House and $20,628,000 as 

proposed by the Senate. 

In addition, the conference agreement includes increases above 

the budget request for the following: $1,200,000 for Orphan Product Grants, instead of $1,800,000 as proposed by the House; 

$325,000 for the Office of Women’s Health, as proposed by the 

House; $250,000 for the Food Technology Evaluation Laboratory at 

New Mexico State University, as proposed by the Senate; and 

$300,000 for additional activities relating to the vaccine for influenza. 

708 

The conferees note the intense public interest in two recent 

events related to prescription drug safety—the changes ordered in 

anti-depressant drug labels and the September 2004 withdrawal of 

a widely-prescribed painkiller. The conferees are aware that FDA 

has undertaken a number of steps in response to concerns raised 

about drug safety in the aftermath of those incidents, including 

commissioning a study by the Institute of Medicine (IOM) on how 

FDA handles drug safety issues. The conferees direct FDA to regularly advise the Committees about any changes that FDA anticipates regarding drug safety, and to provide the Committees with 

regular progress reports on the IOM review and with a copy of the 

IOM report as soon as it is completed. 

The conferees find it necessary to remind the Food and Drug 

Administration that the Committees on Appropriations perform 

critical oversight functions for the agency. The ultimate expression 

of this oversight is the funding decisions for the agency and accompanying language in the statement of managers. The conferees expect that Members of Congress will be provided requested information from FDA so that the Committees can perform their oversight 

function. It is insupportable that in some cases FDA has given information about major policy matters to the press before providing 

the same information to Congress. The conferees expect FDA to be 

fully cooperative with all Congressional oversight activities. The conferees direct that no less than $14,392,000 be available 

for grants and contracts awarded under Section 5 of the Orphan 

Drug Act. 

The conferees appreciate receiving the detailed information 

provided in the Explanatory Notes prepared by the Department of 

Health and Human Services, Food and Drug Administration, and 

rely heavily on this information when considering budget proposals. These materials have traditionally been prepared for the 

sole use of the Committees on Appropriations in a format consistent with the organization and operation of the programs and 

the structure of the Appropriations Act. At the direction of the Office of Management and Budget, agencies have changed the format 

and content of these materials to focus on broader goals and objectives rather than the major program structure followed in the Act, 

and in the actual conduct of the programs. The new organization 

and content does not present budget information in a format useful 

to the deliberations of the Committees. For fiscal year 2006 and future years, the FDA is directed to present Explanatory Notes in a 

format consistent with the presentation used for the fiscal year 

2002 Budget. Any deviations from that format are to be approved 

in advance by the Committees. 

The conference agreement also includes savings related to administrative efficiencies, as proposed in the budget. 

The conference agreement does not include language regarding 

collection of the fiscal year 2006 Prescription Drug User Fee Act 

fees as proposed by the House. 

The conferees include a $300,000 increase for the Center for 

Biologics Evaluation and Research (CBER) and related field activities in the Office of Regulatory Affairs for flu vaccine-related activities. The conferees understand that CBER will be undertaking a 

number of additional activities in fiscal year 2005 to secure addiVerDate Aug 04 2004 07:33 Dec 01, 2004 Jkt 096906 PO 00000 Frm 00712 Fmt 6601 Sfmt 6601 E:\HR\OC\HR792.XXX HR792
709 

tional units of flu vaccine for the 2004–2005 flu season and to ensure an adequate supply of flu vaccine for the 2005–2006 flu season. 

Relocation to White Oak Facility.—The conferees provide a $15,628,000 budget authority increase and expect that appropriated user fees will fully fund the additional amount needed for 

relocation costs to the White Oak, Maryland, facility. 

National Center for Food Safety and Technology.—The conferees recognize the contributions which the National Center for 

Food Safety and Technology (NCFST) is making toward ensuring 

the security of the nation’s food supply. The conferees direct that 

FDA continue to provide $3,000,000 to NCFST through the cooperative agreement. The $3,000,000 in funding shall be exclusive of 

any additional initiative funds that FDA may award to NCFST. 

Human Drug Compounding.—The conferees do not include the 

language in the Senate report on human drug compounding. The 

conferees believe that drugs for human use compounded by pharmacists in response to a practitioner’s prescription or order in conformity with state law should be prepared according to established 

guidelines on quality, purity, and strength, and preparation-specific 

monographs when they exist. The conferees also recognize, however, that the nature of compounding and the medical need it 

serves makes it impossible for all compounded medications to be 

prepared according to pre-existing monographs, and doing so would 

infringe on the professional obligation of a medical practitioner to 

prescribe the optimal medications for their patients. 

There are existing state laws and official United States Pharmacopoeia (USP) pharmacy standards which necessitate good 

compounding practices. However, the conferees believe it is desirable to develop additional formal monographs to provide additional 

guidance and conformity for doctors, patients and pharmacists. 

Presently, the USP, a national drug standard setting organization recognized by Congress, has developed a number of monographs for individual compounded preparations. The conferees believe that a private sector partnership of involved organizations 

with demonstrated expertise regarding pharmacist compounding of 

preparations for humans should be expeditiously established to 

help assure a significant expansion of USP monographs and other 

relevant guidelines. 

The conferees believe that the FDA should assist in the establishment of the private sector partnership to commence the expansion of available monographs relevant to pharmacist compounding 

of drugs for humans. The conferees encourage the FDA to request 

adequate funding in the fiscal year 2006 budget request to support 

this effort at increasing the number of formal monographs. 

Nothing in this statement regarding human drug compounding 

should be interpreted to change or impact in any way the existing 

state and federal regulatory roles regarding compounding. 

Alpha-1 Antitrypsin Deficiency.—The conferees commend FDA 

for the progress made in bringing two additional plasma based 

therapies to market for the treatment of the progressive degenerative lung disease Alpha-1. Currently the only treatment for Alpha1 is weekly infusions of plasma based augmentation therapy that 

is life sustaining and helps these individuals maintain lung funcVerDate Aug 04 2004 07:33 Dec 01, 2004 Jkt 096906 PO 00000 Frm 00713 Fmt 6601 Sfmt 6601 E:\HR\OC\HR792.XXX HR792
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tion. Further, the Center for Biologics and Evaluation and Research (CBER) is recognized for meeting with consumer stakeholders in efforts to further the development of next generation 

therapies. The conferees encourage CBER to facilitate the development of novel and innovative therapies for the Alpha-1 community 

to treat the entire spectrum of individuals with Chronic Obstructive Pulmonary Disease. 

Consolidation and Fees.—The conferees direct the Department 

of Health and Human Services (DHHS) to include all anticipated 

consolidations that impact FDA in the President’s budget requests 

submitted to Congress. Further, the conferees direct that none of 

the funds made available to FDA in this Act be used for any assessments, fees, or charges by DHHS unless such assessments, 

fees, or charges are identified in the FDA budget justification and 

expressly provided by Congress, or approved by Congress in the official reprogramming process as required in the General Provisions 

of this Act. 

Biotechnology.—The conferees understand that the FDA frequently receives requests from foreign governments for FDA regulators to visit foreign countries to educate regulators on the evaluation of the safety of biotechnology. Providing information on the 

soundness of the U.S. regulatory process will promote the understanding of the benefits of biotechnology to human health and the 

environment and improve the climate for acceptance of U.S. agricultural products abroad. The conferees encourage FDA to allocate 

adequate funding so that agency representatives may perform this 

service. 

INDEPENDENT AGENCIES 

COMMODITY FUTURES TRADING COMMISSION

The conference agreement provides $94,327,000 for the Commodity Futures Trading Commission, instead of $93,327,000 as 

proposed by the House and $95,327,000 as proposed by the Senate. 

FARM CREDIT ADMINISTRATION

LIMITATION ON ADMINISTRATIVE EXPENSES

The conference agreement includes a limitation of $42,350,000 

on administrative expenses of the Farm Credit Administration, instead of $42,900,000 as proposed by the House and $41,800,000 as 

proposed by the Senate. 

TITLE VII—GENERAL PROVISIONS 

Section 705. The conference agreement includes language that 

allows for unobligated balances to be transferred to the Working 

Capital Fund. 

Section 710. The conference agreement limits indirect costs for 

grants awarded by the Cooperative State Research, Education, and 

Extension Service to 20 percent. 

Section 714. The conference agreement includes language for 

funds to cover necessary expenses related to advisory committees. 

711 

Section 718. The conference agreement includes language regarding the transfer of funds to the Office of the Chief Information 

Officer and information technology funding obligations. 

Section 719. The conference agreement includes language regarding the reprogramming of funds. 

Section 720. The conference agreement includes language regarding the Initiative for Future Agriculture and Food Systems. 

Section 725. The conference agreement includes language regarding the National Sheep Industry Improvement Center revolving fund. 

Section 726. The conference agreement includes language regarding the guaranteed single-family housing loan program guarantee fee. 

Section 727. The conference agreement includes language that 

provides that certain locations shall be considered eligible for certain rural development programs. 

Section 728. The conference agreement directs the Secretary to 

make commodity tonnage available, to the extent practicable, to assist foreign countries to mitigate the effects of the Human Immunodeficiency Virus and Acquired Immune Deficiency Syndrome. 

Section 729. The conference agreement includes language regarding Natural Resources Conservation Service financial and 

technical assistance for certain projects in Illinois and Kentucky 

and sets limits for that funding. 

Section 730. The conference agreement includes language regarding Natural Resources Conservation Service financial and 

technical assistance for certain projects in Arkansas, Alaska, Illinois, and Utah. 

Section 736. The conference agreement allows unobligated balances within the Department of Agriculture to be used to reimburse the Office of the General Counsel for certain services provided. 

Section 740. The conference agreement includes language regarding the Wetlands Reserve Program. 

Section 741. The conference agreement includes language regarding the Environmental Quality Incentives Program. 

Section 742. The conference agreement provides the Secretary 

of Agriculture with authority to authorize employees of the Department to carry and use firearms for personal protection while conducting field work in remote locations. 

Section 743. The conference report includes language regarding 

the renewable energy program. 

Section 744. The conference report includes language regarding 

the broadband telecommunications program. 

Section 745. The conference agreement prohibits funds in excess of $20,000,000, to be used to reimburse the Commodity Credit 

Corporation for the release of eligible commodities under the Bill 

Emerson Humanitarian Trust Act. 

Section 746. The conference agreement includes language regarding the value-added market development program. 

Section 748. The conference agreement includes language regarding Natural Resources Conservation Service financial and 

technical assistance to the Dry Creek project, Utah. 

712 

Section 749. The conference report includes language regarding 

the Conservation Security Program. 

Section 750. The conference agreement includes language regarding the Wildlife Habitat Incentive Program. 

Section 751. The conference report includes language regarding 

the Farmland Protection Program. 

Section 752. The conference report includes assistance for certain tree losses. 

Section 753. The conference agreement includes language regarding the Rural Business Investment Program. 

Section 754. The conference agreement includes language regarding Public Law 105–264. 

Section 755. The conference report includes language regarding 

the ground and surface water conservation program. 

Section 756. The conference agreement includes language related to final rulemaking on APHIS cost-sharing. 

Section 757. The conference agreement includes language related to competitive sourcing of rural development or farm loan 

programs. 

Section 758. The conference agreement gives the Secretary of 

Agriculture the authority to enter into cooperative agreements to 

lease aircraft. 

Section 759. The conference report includes $1,491,000 for the 

Northern Great Plains Regional Authority and stipulates that the 

Federal cost share is 100 percent. 

Section 760. The conference agreement includes language regarding the Bioenergy Program. 

Section 761. The conference agreement includes language regarding the Delta Regional Authority. 

Section 762. The conference agreement includes language that 

rescinds certain unobligated balances. 

Section 763. The conference agreement includes language regarding the use of discretionary funds for certain purposes. 

Section 764. The conference agreement includes language that 

rescinds certain unobligated balances. 

Section 765. The conference agreement includes a provision regarding eligibility for housing assistance in Alaska. 

Section 766. The conference agreement includes language regarding certain conservation programs. 

Section 767. The conference agreement provides $1,500,000 to 

the Denali Commission to address deficiencies in solid waste disposal sites. 

Section 768. The conference agreement includes language that 

provides that certain locations shall be considered eligible for certain rural development programs. 

Section 769. The conference agreement includes language regarding the Agricultural Trade Development and Assistance Act of 

1954. 

Section 770. The conference agreement includes a provision 

giving the Secretary of Agriculture the authority to allow Community Facility Program borrowers to enter into contracts with third 

parties for necessary services. 

Section 771. The conference agreement includes language regarding the Emergency Watershed Protection Program. 

713 

Section 772. The conference agreement includes language regarding agriculture credits or credit guarantees. 

Section 773. The conference agreement includes language regarding eligibility for the Conservation Reserve Program for land 

planted in hardwood trees, and previously enrolled in the program, 

to remain enrolled. 

Section 774. The conference agreement includes language regarding the use of funds to restrict to prescription use certain contraceptives. 

Section 775. The conference agreement includes language that 

rescinds certain unobligated balances. 

Section 776. The conference agreement includes language regarding privacy protection of certain sellers of farm products. 

Section 777. The conference agreement includes language regarding a 1994 institution. 

Section 778. The conference agreement includes language that 

rescinds certain unobligated balances. 

Section 779. The conference agreement includes language regarding the Dakota Value Capture Cooperative. 

Section 780. The conference agreement includes language regarding new WIC-only stores. 

Section 781. The conference agreement includes language that 

rescinds certain unobligated balances. 

Section 782. The conference agreement includes language that 

rescinds certain unobligated balances. 

Section 783. The conference agreement includes language allowing use of unobligated balances in certain accounts within the 

Rural Utilities Service for the purposes of section 315 of the Rural 

Electrification Act of 1936. 

Section 784. The conference agreement includes language regarding the Wildlife Habitat Management Institute. 

Section 785. The conference agreement includes language regarding Livestock Assistance eligibility. 

Section 786. The conference agreement includes funding to 

carry out provisions of Section 751 of Public Law 108–7. 

Section 787. The conference agreement includes funding for a 

private lands wildlife management program. 

Section 788. The conference agreement includes certain technical corrections regarding the Child Nutrition Act. 

Section 789. The conference agreement includes a technical 

correction regarding the Hurricane Disasters Assistance Act. 

Section 790. The conference agreement includes funds for a 

certain grant. 

Section 791. The conference agreement includes funds for a 

certain grant. 

Section 792. The conference agreement includes language that 

rescinds certain unobligated balances. 

Section 793. The conference agreement includes funds for a 

certain grant. 

Section 794. The conference agreement includes language regarding EQIP participation. 

Section 795. The conference agreement includes funds for a 

certain grant. 

714 

Section 796. The conference agreement includes language regarding Child and Adult Care Food Program audit funds. 

Section 797. The conference agreement includes language regarding the Grassland Reserve Program. 

CONFERENCE TOTAL—WITH COMPARISONS

The total new budget (obligational) authority for the fiscal year 

2005 recommended by the Committee of Conference, with comparisons to the fiscal year 2004 amount, the 2005 budget estimates, 

and the House and Senate bills for 2005 follow: 

[In thousands of dollars] 

New budget (obligational) authority, fiscal year 2004 ........................ $86,761,836 

Budget estimates of new (obligational) authority, fiscal year 2005 83,586,539 

House bill, fiscal year 2005 ................................................................... 83,670,594 

Senate bill, fiscal year 2005 .................................................................. 84,053,760 

Conference agreement, fiscal year 2005 .............................................. 86,190,567 

Conference agreement compared with: 

New budget (obligational) authority, fiscal year 2004 ................ ¥571,269 

Budget estimates of new (obligational) authority, fiscal year 

2005 .............................................................................................. +2,604,028 

House bill, fiscal year 2005 ............................................................ +2,519,973 

Senate bill, fiscal year 2005 ........................................................... +2,136,807 

DIVISION B—DEPARTMENTS OF COMMERCE, JUSTICE, AND 

STATE, THE JUDICIARY AND RELATED AGENCIES APPROPRIATIONS ACT, 2005 

TITLE I—DEPARTMENT OF JUSTICE 

GENERAL ADMINISTRATION

SALARIES AND EXPENSES

The conferees recommend a total of $124,100,000 for General 

Administration, Salaries and Expenses, instead of $97,856,000 as 

proposed by the House and $141,466,000 as proposed by the Senate. 

The conference agreement includes the following program in- creases: $100,000 and 2 positions for the Office of Public Affairs; 

$6,592,000 and 30 positions for the Office of Intelligence Policy and 

Review; $200,000 for diversity programs; and $250,000 to enhance 

attorney recruitment and retention through the Student Loan Repayment Program. 

In addition, the conferees strongly support the request for the 

Justice Unified Telecom Network, Public Key Infrastructure, Enterprise Architecture, Information Sharing Initiative, Information 

Technology Project Oversight, Investment Management, E-gov initiatives, and the Unified Financial Management System (UFMS). 

The conference agreement provides $1,073,000 in additional direct 

appropriations for the Chief Information Officer’s highest priority 

needs and an additional $1,000,000 for the UFMS. The conferees 

support additional funding for these initiatives through the recovery of obligated but unexpended funds transferred to the Working 

Capital Fund, or through other sources, subject to section 605 of 

this Act. 

The conferees direct the Department of Justice to provide quarterly reports describing Department resources dedicated to Indian 

715 

Country and the activities of the Indian Gaming Working Group. 

Additionally, the Department shall also provide quarterly reports 

to Congress detailing efforts to reduce the violent victimization of 

Native Americans, including efforts to reduce murder rates, serious 

assaults, violence against women, and child abuse. These reports 

shall include: the number of agents assigned to Indian Country; 

man-hours worked in Indian Country; the amount and type of 

training provided; the number of matters initiated; the number of 

cases; the number of subjects/defendants; the number of convictions; and the amount of restitution ordered. 

The conferees adopt by reference the Senate report language 

directing the Office of the Chief Information Officer to evaluate 

commercially-proven enterprise data warehousing and analytic systems and to provide a report to the Committees on Appropriations 

summarizing the findings on this technology’s applicability to the 

counterterrorism mission not later than March 31, 2005. 

The conference agreement includes necessary sums to continue 

efforts to replace locks used to store classified information. 

The conference agreement adopts by reference the House report language concerning budget models and directs that the Department of Justice submit a report, no later than August 1, 2005, 

describing how the hiring of an investigator impacts the workload 

of the U.S. Attorneys, the U.S. Marshals Service, the Detention 

Trustee, and the Federal Prison System. 

In addition to the concerns stated above, the conferees have expressed concerns elsewhere in the report about the rationale underlying the allocation of staffing between the litigating divisions and 

the United States Attorneys. The conferees believe that it is critical 

that the Department of Justice take a systemic approach to resource requests and subsequent allocations. With that in mind, the 

conferees direct the Government Accountability Office to initiate a 

review of the Department of Justice resource planning and allocation processes, with particular emphasis on consistency of resource 

allocation within the operating year with national law enforcement 

priorities, in particular the counterterrorism and counterintelligence priorities, articulated by the Administration and supported 

by the Committees on Appropriations. 

The conference agreement adopts by reference the House report language concerning fast track programs and directs the Department of Justice to submit a report within 45 days of enactment 

of this Act providing a list of the fast track programs operating 

throughout the country, and an estimate of the resources the Department of Justice saves and the costs that are avoided by these 

programs. The report shall also discuss opportunities to expand 

fast track programs to other districts. 

The conferees believe that the Department of Justice needs to 

coordinate its efforts to address gang-related crimes. The Department of Justice is directed to submit a report to the Committees 

on Appropriations no later than 30 days after enactment of this Act 

on how the Department is addressing gang issues throughout the 

country. 

The conference agreement adopts by reference the House report language concerning the establishment of an international law 

enforcement alliance. 

716 

Office of Privacy and Civil Liberties.—The conference agreement includes not less than $690,000 for the salaries and benefits 

of this office including funding for 2 additional professional staff 

positions. The conference agreement adopts by reference the House 

report language requiring the submission of a report detailing the 

specific responsibilities and authorities of the Office of Privacy and 

Civil Liberties within 30 days of enactment of this Act. In addition, 

the Department of Justice shall report to the Committees on Appropriations annually on the activities of this office. 

Debt Collection.—The Government Accountability Office recently found that outstanding criminal debt as reported by the Department of Justice totaled about $25,000,000,000 as of September 

30, 2002, almost double the amount reported by Justice 3 years 

earlier. Moreover, the Department of Justice reported collecting 

only about $800,000,000 of criminal debt for fiscal year 2002. 

In view of the increase in reported outstanding criminal debt 

and low collections of such debt, the conferees are concerned that 

the Department of Justice along with other agencies still has not 

taken action to develop a strategic plan for improving criminal debt 

collection. The conferees understand one of the reasons for this outstanding criminal debt is that the Mandatory Victims Restitution 

Act of 1996 makes restitution mandatory in all violent crimes and 

most property crimes regardless of a defendant’s ability to pay. 

Nevertheless, there appears to be criminal debt that may be collectible. 

To address the large balances of outstanding criminal debt, the 

conferees direct the Attorney General to establish a task force 

within 90 days of enactment of this Act that includes other Federal 

agencies, including, but not limited to, the Department of the 

Treasury, the Office of Management and Budget, and the Administrative Office of the U.S. Courts, to participate in the task force. 

Led by the Department of Justice, the task force will be responsible 

for developing a strategic plan for improving criminal debt collection. The strategic plan shall include specific approaches for better 

managing, accounting for, reporting, and collecting criminal debt. 

Specifically, the plan shall include steps that can be taken to better 

and more promptly identify all collectible criminal debt so that a 

meaningful allowance for uncollectable criminal debt can be reported and used for measuring debt collection performance. The 

conferees direct the Attorney General to report to the Committees 

on Appropriations within 180 days of enactment of this Act on the 

activities of the task force and the development of a strategic plan. 

Fugitive Apprehension.—In an October 19, 2004, report, the 

Department of Justice acknowledges that ‘‘the United States Marshals Service is the federal government’s primary agency for apprehending fugitives’’. While the Department does not recommend 

transferring fugitive apprehension activities to the USMS to ensure 

continued departmental management flexibility, it recognizes that 

USMS fugitive efforts free up resources for other Federal law enforcement agencies to focus on their core missions. For example, 

the report states that for the past 15 years, the USMS has been 

responsible for the apprehension of many DEA fugitives, leaving 

DEA agents free to develop new drug crime cases. 

717 

The conferees are aware that the USMS arrest statistics far 

exceed other Federal law enforcement agencies. The conferees also 

understand that the statistical success, in terms of the number of 

Federal, state, and local warrants closed, has coincided with the 

on-going development of the regional fugitive task forces, showing 

a benefit of linking performance with budget. While the conferees 

recognize the Department’s desire not to consolidate fugitive apprehension activities under one component, the conferees strongly urge 

the Department to update its 1988 memorandum of understanding 

to provide greater latitude for the USMS and to promote greater 

inter-agency cooperation. The conferees commend the USMS, DEA, 

Interpol, and ATF in its continuing efforts to coordinate investigations. 

JOINT AUTOMATED BOOKING SYSTEM

The conference agreement includes $20,185,000 for the continued operation of the Joint Automated Booking System (JABS), as 

proposed by the Senate, instead of $20,000,000 as proposed by the 

House. 

AUTOMATED BIOMETRIC IDENTIFICATION SYSTEM/INTEGRATED

AUTOMATED FINGERPRINT IDENTIFICATION SYSTEM

The conference agreement includes $5,054,000 for this account, 

as provided by the House and Senate. 

The conferees are troubled by the security gap on the nation’s 

borders caused by delays in linking the Automated Biometrics 

Identification System (IDENT), the fingerprint database managed 

by Customs and Border Protection (CBP) and US Visitor and Immigrant Status Indicator Technology (US–VISIT), with criminal history data contained in the Federal Bureau of Investigation’s Integrated Automated Fingerprint Identification System (IAFIS). The 

conferees understand that by the end of calendar year 2004, interoperability will exist at airports, seaports, and the largest and busiest Border Patrol stations and land ports of entry. CBP and Immigration and Customs Enforcement (ICE) locations will not be completed until December 31, 2005. With implementation of a new visa 

tracking system and enrollment of millions of visitors into US– 

VISIT, it is essential that the Federal Bureau of Investigation 

(FBI) collaborate with the Directorate of Border and Transportation 

Security to ensure that IDENT and US–VISIT can retrieve, in real 

time, biometric information contained in the IAFIS database, and 

that the IAFIS database can retrieve, in real time, biometric information contained in IDENT and US–VISIT. 

The conferees direct the Department of Justice and the Department of State, in coordination with the Under Secretary for Border 

and Transportation Security (BTS), to report, not later than 90 

days after enactment of this Act, on the status of efforts to achieve 

real time interoperability between these systems, including steps 

the Departments will take to integrate IAFIS into IDENT and US– 

VISIT, funds needed, and a timetable for full interoperability of 

these systems. This report should address the recommendations 

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718 

port, which documented the need to integrate existing biometric 

databases. 

LEGAL ACTIVITIES OFFICE AUTOMATION

The conference agreement provides $40,510,000 for this account, which is equal to the amended budget request. The conferees 

support additional funding for this program through the recovery 

of obligated but unexpended funds transferred to the Working Capital Fund, or through other sources, subject to section 605 of this 

Act. 

NARROWBAND COMMUNICATIONS

The conference agreement includes $100,000,000 for 

Narrowband Communications, as proposed by the House, instead of 

$68,021,000 as proposed by the Senate. 

ADMINISTRATIVE REVIEW AND APPEALS

The conference agreement includes $203,965,000 for this account, instead of $202,518,000 as proposed by the House and 

$205,411,000 as proposed by the Senate. The funding level provides 

for the annualization costs associated with filling immigration 

judge vacancies. 

It is the conferees’ understanding that the Executive Office for 

Immigration Review (EOIR) has issued interim procedural guidelines for the adjudication of unaccompanied alien children’s cases 

before immigration judges. The conferees commend EOIR for this 

initiative. The conferees further urge EOIR to dedicate resources 

from its appropriation to developing and implementing policies and 

procedural guidelines as well as training programs for judges and 

pro bono attorneys in this area in order to protect the children’s 

due process rights under the Immigration and Nationality Act—including their right to apply for forms of relief from removal—and 

to further their access to pro bono representation rights, due process and relief under the Immigration and Nationality Act. 

DETENTION TRUSTEE

The conference agreement includes $885,994,000 for the Detention Trustee, as proposed by the Senate, instead of $938,810,000 as 

proposed by the House. The conferees are aware that the Trustee 

has made progress in refining the detention forecasting model, 

which will provide better projections for this account, and the conferees encourage the much-needed work to continue. The conferees 

believe that the Trustee should review the entire Federal detention 

process from commencement to incarceration to identify greater efficiencies in operations. The conferees anticipate that these efforts 

will result in cost savings. When the Trustee can provide assurance 

of the funding needs for this account, the Committees will consider 

options for providing additional resources. The conferees also direct 

the Attorney General to ensure that the Department’s entire law 

enforcement agenda, including its prosecutorial policies and detention resources, is thoroughly considered when determining the future funding needs for this account. 

719 

The conference agreement incorporates by reference Senate report language that prohibits any construction, planning, support, or 

contracting of new detention facilities and directs the Detention 

Trustee to withdraw any solicitations for such activities. 

The Justice Prisoner and Alien Transportation System 

(JPATS) has become an increasingly complex system, in part because its biggest user is now Immigration and Customs Enforcement within the Department of Homeland Security. The conferees 

expect that the United States Marshals Service will continue to operate JPATS, but believe the Federal Detention Trustee, as an 

independent entity that oversees detention issues for the Department, must play a heightened role with this program. The conferees therefore direct the Trustee to address immediate and longterm planning, management, and policy issues with JPATS, with 

the goal of improving efficiencies and ensuring equality among participating agencies, and to submit a report on those efforts to the 

Committees on Appropriations, no later than May 31, 2005. 

OFFICE OF INSPECTOR GENERAL

The conference agreement includes $63,813,000 for the Office 

of Inspector General, as proposed by the House, instead of 

$63,187,000 as proposed by the Senate. 

UNITED STATES PAROLE COMMISSION

SALARIES AND EXPENSES

The conference agreement includes $10,638,000 for the United 

States Parole Commission, as proposed by the Senate, instead of 

$10,650,000 as proposed by the House. The conferees adopt by reference House language regarding a study required under Public 

Law 107–273. 

LEGAL ACTIVITIES

SALARIES AND EXPENSES, GENERAL LEGAL ACTIVITIES

The conference agreement includes $634,193,000 for General Legal Activities, instead of $639,314,000 as proposed by the House 

and $623,364,000 as proposed by the Senate. The distribution of 

funding provided is as follows: 

General legal activities 

[In thousands of dollars] 

2005 appropriation 

Office of the Solicitor General .............................................................. $8,245 

Tax Division ........................................................................................... 81,399 

Criminal Division ................................................................................... 137,177 

Civil Division .......................................................................................... 188,754 

Environment and Natural Resources Division .................................... 90,856 

Office of Legal Counsel .......................................................................... 5,858 

Civil Rights Division ............................................................................. 109,141 

Interpol USNCB ..................................................................................... 12,426 

Office of Dispute Resolution ................................................................. 337 

Total ............................................................................................. 634,193 

The funding provided is equal to the requested current services 

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720 

tice’s litigating divisions. The conferees understand the Department has reviewed the allocation of attorneys between headquarters and the field. The conferees further understand that the 

Department believes that 59 attorney positions should be realigned 

from headquarters litigating divisions to those U.S. Attorney Offices that have a critical shortage of attorney resources to address 

priority areas such as counter-terrorism, drugs, violent crime, corporate fraud, and immigration. The conferees applaud the Department’s efforts to allocate attorney positions to where they can be 

most productive. The conferees understand this will be a multi-year 

effort and, therefore, have not provided any of the increases in attorney positions for the litigating divisions at this time. Within the 

level of funding provided, the conferees expect attorney resources 

to be provided to the Department’s highest priorities, including 

counterterrorism, violent crime and corporate fraud. 

The conferees direct the Attorney General to submit a detailed 

study to the Committees on Appropriations, not later than January 

3, 2005, providing the criteria the Department would use to determine which litigating division positions would be reallocated to the 

field; the criteria that would be used to determine which U.S. Attorney Offices would be allocated additional positions; and a crosswalk showing the proposed allocation of attorney positions from 

each legal division to each district. 

The conference agreement fully funds the Civil Rights Division’s efforts to combat human trafficking and the conferees expect 

the Department of Justice to continue submitting yearly updates 

regarding efforts to address human trafficking. 

The conferees expect the Department of Justice to submit a reprogramming for costs associated with continuing tobacco and 

other litigation activities, should funding be warranted. 

The conferees are aware that the parties to Irvin Rosner, et al., v. United States of America have agreed to mediation and to the 

selection of a mediator. Given that this case involves elderly Holocaust survivors, the conferees believe that the Department of Justice should proceed with this mediation in a compassionate and expeditious manner in order to reach a fair resolution. 

The conferees direct the Department of Justice to submit a report to the Committees on Appropriations not later than April 10, 

2005, on proposals to leverage the United States National Central 

Bureau’s network as a means to effectively share national security 

related information with State and local law enforcement agencies. 

THE NATIONAL CHILDHOOD VACCINE INJURY ACT

The conference agreement includes a reimbursement of $6,333,000 from the Vaccine Injury Compensation Trust Fund to 

the Department of Justice, as proposed by both the House and the 

Senate. 

SALARIES AND EXPENSES, ANTITRUST DIVISION

The conference agreement includes $138,763,000 for the Antitrust Division, which is the same as proposed by the Senate, instead of $135,463,000 as proposed by the House. The conference 

agreement incorporates by reference Senate report language regarding additional resources. 

721 

SALARIES AND EXPENSES, UNITED STATES ATTORNEYS

The conference agreement includes $1,547,519,000 for the 

United States Attorneys instead of $1,535,000,000 as proposed by 

the House and $1,532,154,000 as proposed by the Senate. 

The conference agreement includes a program increase of 

$5,762,000 for 66 additional positions, including 44 attorneys, for 

additional terrorism and criminal prosecutions. The conference 

agreement also includes an additional $3,029,000 for 32 additional 

positions, including 25 attorneys, to address gang-related crimes. 

Project Seahawk.—The conference agreement includes 

$5,000,000 for the continuation of Project Seahawk, a pilot project 

to enhance intermodal security and law enforcement within our 

Nation’s coastal cities. The pilot will provide a national model for 

cities that experience heavy volumes of intermodal traffic by establishing a streamlined process to address criminal activity that may 

compromise or impede the movement of intermodal traffic within 

the U.S. Project Seahawk shall continue to be coordinated under 

the U.S. Attorneys and include Federal, State, and local law enforcement. 

Legal Education.—The conference agreement provides 

$18,266,000 for legal education and distance learning at the National Advocacy Center (NAC). NAC State and local training funds 

are provided under the Office of Justice Programs. 

Violent Crime Task Forces.—The conference agreement includes $1,500,000 to continue and expand task force activities associated with Operation Streetsweeper. 

The conference agreement adopts by reference the House and 

Senate language providing $10,000,000 for cybercrime and intellectual property enforcement and requiring the submission of a report 

by April 30, 2005, on the number, types, and locations of copyright 

prosecutions undertaken during the previous fiscal year. 

The conference agreement adopts by reference the House report language concerning public corruption. 

UNITED STATES TRUSTEE SYSTEM FUND

The conference agreement includes $173,602,000 for this account, instead of $172,850,000 as proposed by the House and 

$174,355,000 as proposed by the Senate. The conferees support the 

requested information technology enhancements and expect the 

Trustees to fund the request to the maximum extent possible. The 

conference agreement incorporates by reference the Senate report 

language directing the Trustees to consult with the Department’s 

Chief Information Officer before obligating its information technology funds. The conference agreement includes not less than 

$750,000 for the Bankruptcy Training Center at the National Advocacy Center in support of the Trustees’ continuing education program. 

SALARIES AND EXPENSES, FOREIGN CLAIMS SETTLEMENT COMMISSION

The conference agreement includes $1,220,000 for this account, 

as proposed by both the House and Senate. 

722 

UNITED STATES MARSHALS SERVICE

SALARIES AND EXPENSES

The conference agreement includes $751,985,000 for the United States Marshals Service (USMS), instead of $752,070,000 

as proposed by the House and $744,725,000 as proposed by the 

Senate. The conference agreement provides funding for USMS construction under a separate heading, as proposed by the House. The 

conference agreement includes the base reductions and streamlining efficiencies included in the budget request. 

The conference agreement incorporates by reference the Senate 

report language regarding submission of a spending plan and the 

timely release of funds to programs. 

The conferees are pleased that the USMS has made a concerted effort to fill critically-needed supervisory deputy marshal positions in the districts; boosted its on-board staffing levels throughout the agency; allocated positions based on performance; addressed its information technology infrastructure weaknesses; and 

improved its overall financial management practices. In many 

areas, the USMS has demonstrated marked improvements and is 

urged to continue these practices. 

Protection of the Judicial Process.—The conference agreement includes the requested increase of $8,897,000 and 94 positions to 

enhance protection of the Federal Judiciary. When determining resource allocations, the USMS should be mindful of the recent recommendations of the Department’s Inspector General. 

Witness Security.—The conference agreement includes the re- quested increase of $1,922,000 and 15 positions for the witness security program. 

Information Technology.—The conference agreement includes the requested increase of $478,000 and 5 positions to meet information technology (IT) requirements. The conferees direct the USMS 

to submit a report to the Committees on Appropriations, no later 

than March 17, 2005, on IT needs throughout the USMS and a 

plan to address those needs, including funding requirements. 

Central Courthouse Management Group.—The conference 

agreement provides $4,226,000 for the Central Courthouse Management Group (CCMG), including $3,968,000 in base resources for 

34 existing CCMG positions, two restored positions, and an additional $258,000 for three new CCMG positions, of which two shall 

be GS–14 positions. 

Courthouse Security Equipment.—The conference agreement 

provides a program increase of $5,050,000, for a total of 

$11,580,000, for preventive maintenance and repair of courthouse 

security equipment to be allocated to the USMS’s highest priority 

needs. The conference agreement incorporates by reference Senate 

report language directing the USMS to report to the Committees 

on Appropriations within 30 days of enactment of this Act on the 

allocation of this funding. The conferees expect no less than this 

amount to recur in future budget submissions to address the courthouse security equipment needs of the USMS. 

Regional Fugitive Task Forces.—The conference agreement provides $17,988,000 for the Regional Fugitive Task Forces (RFTF), 

which includes base resources for the 38 existing RFTF positions, 

723 

and an additional $2,439,000 for 17 new positions to staff these 

task forces, including supervisory personnel. Available resources 

can also be used for the district-managed task forces. 

Technical Operations Group.—The conference agreement provides $17,216,000 for the Technical Operations Group (TOG), which 

includes base resources for the 50 existing TOG positions, an additional $632,000 for three restored positions and one new position, 

and an additional $2,000,000 for non-personnel expenses. 

International Fugitives.—The conference agreement provides 

$4,459,000 for the International Fugitive Apprehension Program, 

which includes base resources for the four existing international 

positions and an additional $1,086,000 for three new GS–13 deputies at the existing foreign offices. The conferees also direct the 

USMS to submit a five-year plan for this program, including a 

time-line and cost estimate to open additional international offices 

that are critical to the USMS fugitive apprehension mission. 

Analytical Support Unit.—The conference agreement provides 

$3,835,000 in base resources for the Analytical Support Unit 

(ASU), including $1,069,000 for eight existing positions and 

$2,766,000 (excluding a $500,000 transfer from the Justice Detainee Information System) to improve and maintain the Warrant 

Information Network and to continue subscriptions to various government and private networks and on-line services. 

Special Operations Group.—The conference agreement provides 

$2,835,000 in base resources for the Special Operations Group 

(SOG), which includes funding for the 11 existing SOG positions. 

In addition, the conferees direct the USMS to transfer the funding, 

duties, and personnel of the Hazardous Response Unit (HRU) to 

SOG, and to submit a report to the Committees on Appropriations 

no later than April 5, 2005, on any additional personnel and funding requirements that will accompany the HRU transfer, as well as 

on the proper location of such transferred personnel. 

Vehicles.—The conferees commend the USMS on its efforts to 

modernize its vehicle infrastructure. Over the last three years, the 

conferees have included funding for the USMS to replace older vehicles and recognize that under the new vehicle allocation formula, 

older vehicles are excessed when new vehicles are allocated. Districts no longer are allowed to expand their fleets by keeping vehicles well beyond their useful lifecycle. The conferees expect this 

trend to continue and for the USMS to continue modernizing its 

fleet. 

CONSTRUCTION

The conference agreement includes $5,734,000 for this account, 

instead of $1,371,000 as proposed by the House. The Senate provided funding for construction in the salaries and expenses account. These funds shall be allocated to the USMS’s highest priority construction needs. The conference agreement incorporates by 

reference the Senate report language directing the USMS to report 

to the Committees on Appropriations within 30 days of enactment 

of this Act on the allocation of funding for this program. To the extent that slippages occur throughout the year, however, other priority projects can be undertaken. The conferees expect no less than 

724 

this amount to recur in future budget submissions to address the 

construction needs of the USMS. 

FEES AND EXPENSES OF WITNESSES

The conference agreement includes $177,585,000 for Fees and 

Expenses of Witnesses, as proposed by both the House and the 

Senate. 

SALARIES AND EXPENSES, COMMUNITY RELATIONS SERVICE

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

House and $9,494,000 as proposed by the Senate. 

ASSETS FORFEITURE FUND

The conference agreement includes $21,759,000 for the Assets 

Forfeiture Fund, as proposed by both the House and the Senate. 

PAYMENT TO RADIATION EXPOSURE COMPENSATION TRUST FUND

The conference agreement includes $27,800,000 for this account, instead of $72,000,000 as proposed by the House. The conferees understand that $27,800,000 will fully fund the Department 

of Justice’s current estimate of payments for eligible claimants 

through fiscal year 2005. 

INTERAGENCY LAW ENFORCEMENT

INTERAGENCY CRIME AND DRUG ENFORCEMENT

The conference agreement provides $561,033,000 for this account, as proposed by the House, instead of $295,409,000 as proposed by the Senate. The conference agreement does not adopt the 

Senate proposal to move management of this program to the Director of the Executive Office of the United States Attorneys. The conference agreement provides the following amounts to reimburse 

Federal agencies for their costs to participate in these task forces: 

Reimbursement by Agency 

[Dollars in thousands] 

Amount 

Department of Justice Agencies: 

Drug Enforcement Administration ................................................ $191,112 

Federal Bureau of Investigation .................................................... 135,859 

United States Marshals Service .................................................... 6,431 

Bureau of Alcohol, Tobacco, Firearms and Explosives ................ 11,228 

United States Attorneys ................................................................. 118,083 

Criminal Division ........................................................................... 2,941 

Tax Division .................................................................................... 975 

Administrative Office ..................................................................... 5,565 

Non-Justice Agencies: 

Internal Revenue Services ............................................................. 54,643 

United States Immigration and Customs Enforcement .............. 33,589 

Coast Guard .................................................................................... 607 

Total ............................................................................................. $561,033 

The conference agreement provides the following increases: 

$6,113,000 for adjustments to base; $14,623,000 for 172 additional 

U.S. Attorney positions; $4,320,000 for 14 additional U.S. Marshals 

725 

Service positions; $6,344,000 and 60 positions for the Drug Intelligence Fusion Center; and $13,240,000 for the Drug Enforcement 

Administration including $10,465,000 for 79 additional positions 

and $2,775,000 for additional operational costs. 

The conferees note that the Administration chose not to comply 

with the direction provided in the fiscal year 2004 Conference Report that participation of the Departments of Homeland Security 

and Treasury should not be included in the Department of Justice 

budget request. The participation of these entities should be budgeted by those respective departments. While the conferees are 

aware of the critical role of the Departments of Homeland Security 

and Treasury, the conference agreement is unable to fully fund the 

request for the Internal Revenue Service (IRS) and United States 

Immigration and Customs Enforcement (ICE) while meeting the resource needs of the Department of Justice. The conferees understand that carryover balances from fiscal year 2004 are available 

in fiscal year 2005. These balances may be utilized, through the 

regular reprogramming process under section 605 of this Act, to 

provide additional funding to IRS and ICE if warranted. 

FEDERAL BUREAU OF INVESTIGATION

SALARIES AND EXPENSES

The conference agreement provides $5,205,028,000 for the Federal Bureau of Investigation Salaries and Expenses account as proposed by the House, instead of $4,990,728,000 as proposed by the 

Senate. The conference agreement funds the Foreign Terrorist 

Tracking Task Force, the Terrorist Screening Center, and the FBI’s 

costs associated with the Terrorist Threat Integration Center under 

this heading as proposed by the House, instead of under a separate 

heading as proposed by the Senate. Construction costs are funded 

under a separate heading as proposed by the House. 

Directorate of Intelligence.—The conference agreement adopts 

the House report language establishing a Directorate of Intelligence. The conferees applaud the improvements the FBI has 

made in transforming itself from an agency whose primary mission 

was to investigate traditional crimes, to an agency whose top priority is to prevent terrorism. However, more institutional changes 

are needed for the FBI’s intelligence program, a critical component 

of an effective terrorism prevention strategy. Toward that end, the 

conference agreement adopts the House report language directing 

the FBI to create a new Directorate of Intelligence, led by the Executive Assistant Director for Intelligence. This new directorate shall 

have broad and clear authority over intelligence-related functions. 

The need for effective intelligence capabilities cuts across all FBI 

programs including the counterterrorism, counterintelligence, 

criminal and cyber crime programs. This new directorate will ensure that intelligence is shared across these programs, eliminate 

information stove-piping, and allow the FBI to quickly adapt as 

threats change. The new directorate will have responsibility for 

operational elements including those of the Office of Intelligence, 

the FBI’s Terrorist Threat Integration Center participation, the 

Foreign Terrorist Tracking Task Force, and the Terrorist Screening 

Center. It will also include programmatic elements representing 

726 

analyst and administrative components across the FBI, such as 

training, recruitment, information technology, and security. This 

directorate shall be responsible for enhancing the FBI’s ability to 

recruit and retain the highest quality intelligence staff, including 

attracting individuals with educational and professional backgrounds in intelligence, international relations, language, technology and other relevant skills. It shall also work to improve the 

FBI’s capability to share intelligence, not only within the Bureau 

and the Intelligence Community, but also with State and local law 

enforcement. Further, it shall ensure that intelligence-related performance criteria are in place for agents and analysts, and develop 

a process for agents to receive a formal Intelligence Officer Certification. The FBI is directed to submit quarterly reports updating 

the Committees on Appropriations on the continued transformation, including the FBI’s efforts to ensure that the priorities 

and operations in all of the Bureau’s field offices and resident agencies match national priorities. 

The conferees note that the 9/11 Commission Report endorsed 

many of the intelligence reforms proposed in the House bill. The 

conferees appreciate the assistance the Government Accountability 

Office, the National Academy of Public Administration, and the 

Congressional Research Service have provided to the Committees 

on Appropriations in reviewing the FBI’s operations and making 

recommendations to improve the Bureau. The conferees expect the 

FBI to continue to work with these organizations and others in fiscal year 2005 to review and improve their operations. 

Budget Structure.—The conference agreement adopts the budget decision unit structure proposed by the House. The conferees 

note that this identical budget structure was recommended by the 

9/11 Commission. The new budget structure will align the FBI’s 

budget with its organizational structure by collapsing the ten budget decision units used in previous years to four decision units. 

There will be a decision unit for each Executive Assistant Director 

(EAD) with the exception of the EAD for Administration. The costs 

associated with program administration will be spread to the four 

other decision units in order to capture the full costs of each program. This new decision unit structure will not only empower the 

new Director of Intelligence, but will enhance the ability of the 

EADs for Counterterrorism and Counterintelligence, Criminal, and 

Criminal Justice Services to manage their programs by unifying 

their budgets. The following distribution represents the conference 

agreement. The conferees remind the FBI that changes in this distribution are subject to the reprogramming requirements of section 

605 of this Act. 

FBI SALARIES AND EXPENSES 

[Dollars in thousands] 

Decision unit POS FTE Amount 

Intelligence .................................................................................................. 4,703 4,291 $792,033 

Counterterrorism and Counterintelligence .................................................. 10,549 10,268 1,979,378 

Criminal ...................................................................................................... 12,852 12,578 2,156,421 

Criminal Justice Services ............................................................................ 1,935 1,945 277,196 

Total ............................................................................................... 30,039 29,082 5,205,028 

727 

The recommendation includes increases of $204,515,000 for adjustments to base to support the current operating level. The recommendation includes the following program increases as requested: $13,400,000 and 151 positions for the Office of Intelligence; $14,307,000 and 89 intelligence and counterterrorism positions for headquarters program support; $45,954,000 and 259 positions for counterterrorism field investigations; $12,838,000 and 86 

positions for language services; $11,155,000 and 14 positions for 

legal attache ́ offices in Beirut, Lebanon; Baghdad, Iraq; Dakar, 

Senegal; Kuwait City, Kuwait; and Cape Town, South Africa; 

$9,000,000 for the Chemical, Biological and Radiological Forensic 

Analysis Counterterrorism Program; $29,000,000 for the operational costs of the Terrorist Screening Center; $35,470,000 for the 

relocation of portions of the Counterterrorism Division to the 

Hazel-Peterson Building; $63,754,000 and 294 positions for the 

counterintelligence program; $58,257,000 and 188 positions for 

cyber investigations including $3,000,000 for Innocent Images; 

$46,508,000 and 65 positions for information and physical security 

improvements; $20,000,000 for technology investments including 

$12,000,000 for TS/SCI LAN field installations and $8,000,000 for 

enterprise architecture activities; $16,000,000 and 12 positions to 

support the integration of IDENT/IAFIS; $1,785,000 and 10 positions to support the Criminal Division’s Child Exploitation and Obscenity Section; $1,831,000 and 16 positions for the Lost Innocence 

National Initiative to address the problem of children forced into 

prostitution; $1,213,000 and 8 positions for corporate fraud cases; 

$1,170,000 for forensic costs associated with Indian Country and 

the National Backstopping Program; and $21,309,000 for renovations at the FBI Academy. 

In addition, the conference agreement includes the following increases above the request: $5,000,000 for the National Security 

Support Capability program; $2,750,000 and 27 positions for the 

Indian Country Unit to investigate crimes in Indian Country, including violent crimes against Native Americans, gang violence, 

and crimes related to Indian gaming; $2,085,000 to establish a 

legal attache ́ office in West Africa; $10,000,000 and 78 positions to 

combat gang-related crime; $10,000,000 for enhanced training programs; $30,000,000 to fund additional recruitment and retention 

programs; $20,500,000 to accelerate the expansion of secure facilities in FBI field offices; $8,500,000 for the acquisition of helicopters 

and related equipment; and $5,000,000 for the Investigative Technology Division for research and development of emerging technologies. 

Training.—The conference agreement adopts the House report 

language regarding training. The conferees direct the FBI to continue to expand its training opportunities and the capabilities of 

the College of Analytical Studies to ensure that agents and analysts are receiving the highest quality intelligence, 

counterterrorism and counterintelligence training available. These 

training programs should include: joint training sessions with other 

members of the Intelligence Community; opportunities for an academic sabbatical to pursue an advanced degree; sending staff to the 

Department of State’s Foreign Service Institute; and creation of a 

fellows program to exchange staff with other Federal agencies and 

728 

the private sector. In addition, the conferees expect the FBI to expand both its basic intelligence analyst course and its advanced intelligence training courses offered at the College of Analytical Studies. The FBI shall also consider offering intelligence classes to 

other Federal law enforcement agencies, where appropriate. For example, the conferees believe it would be beneficial for corrections 

intelligence staff in the Federal Prison System to receive specialized training to recognize and thwart the introduction of violent 

ideology and extremism in Federal prisons. The recommendation 

provides $10,000,000 above the request to implement these enhanced training programs. In determining its future staffing needs, 

the FBI shall take into account the staff time associated with training and development programs. 

Gangs.—The conference agreement adopts the House report 

language regarding the spread of violent gangs throughout the 

country. In order to address this problem, the conference agreement provides $1,754,000 for the establishment of a National Gang 

Intelligence Center that will integrate the assets of the FBI, the 

Bureau of Alcohol, Tobacco, Firearms and Explosives, and other affected Federal agencies to serve as a ‘‘clearinghouse’’ and information management mechanism for gang intelligence on a national 

and international scope. In addition, the recommendation provides 

$8,246,000 for additional agents, analysts and support staff to address the most violent gangs throughout the country. 

Offsets.—The conference agreement does not adopt the pro- posed $35,000,000 offset in fees to State and local law enforcement 

for forensic services. The conferees are disappointed that the Administration is proposing to provide funding increases for Federal 

law enforcement by increasing the financial burden on State and 

local law enforcement. The conferees expect the FBI to absorb this 

proposed $35,000,000 offset within existing funds. The conference 

agreement also does not adopt the proposed $3,000,000 reduction 

to the Criminal Justice Information Services Information Management Accounts. 

Retention and Recruitment.—The conferees understand that 

the FBI is having difficulty retaining certain staff in critical senior 

management positions and other specialized positions. For example, since September 11, 2001, the attrition rate for intelligence analysts has exceeded 10 percent. The conferees understand that 

other agencies in the Intelligence Community have more flexible 

pay and benefit authorities than the FBI and consequently are able 

to recruit talented staff from the FBI. The conferees further understand that many FBI employees living in high cost areas are experiencing financial hardships. The conferees are concerned that this 

financial hardship could eventually have a negative impact on FBI 

agent and staff performance. This is particularly troubling given 

that high cost areas are the most likely targets for a terrorist attack. In order to address these concerns, the conference agreement 

includes section 113 and section 115. These provisions are identical 

to those included in the House bill. 

Section 113 provides the Director with the authority, after consultation with the Office of Personnel Management (OPM), to provide retention and relocation bonuses to employees with high or 

unique qualifications who, in the absence of a bonus, would likely 

729 

leave the FBI. The provision also allows for retention and relocation bonuses for individuals transferred to a different geographic 

area with a higher cost of living. A bonus may total up to 50 percent of an employee’s basic rate of pay. 

Section 115 authorizes the FBI, in conjunction with the Office 

of Management and Budget and OPM, to pay critical intelligence 

positions up to an Executive Schedule I salary provided that the 

position is determined to be: (1) a high level position in a scientific, 

technical, professional, or administrative field; and (2) critical to 

the FBI’s mission. 

These provisions are included to allow the FBI to begin enhancing its personnel capabilities in order to thwart terrorism. 

These provisions will also improve the FBI’s ability to compete with 

other Intelligence Community agencies for high quality employees. 

The conference agreement provides $30,000,000 above the request 

to implement these new retention and recruitment authorities. 

Within the level of funding provided, the conferees also expect 

the FBI to expand the number of employees participating in the 

FBI’s Student Loan Repayment Program. 

Mandatory Separation.—The conference agreement includes 

section 112, as proposed by the House. This provision empowers 

the Director to, on a case-by-case basis, delay the mandatory retirement age of 57 for FBI agents until the agent reaches 65 years of 

age. Currently, the Director is authorized to delay mandatory retirement until an agent reaches 60 years of age. This provision 

does not require agents to work past the age of 57, but gives the 

Director the authority to extend agents until the age of 65 in certain circumstances. This provision provides the FBI with additional 

discretion and flexibility to retain senior managers and employees 

with critical technical skills beyond age 60 where it is clear that 

the individual being retained can meet all requirements, including 

physical requirements, of the specific job being filled. 

Reserve Service.—The conference agreement includes section 

114, as proposed by the House. This provision authorizes the Director to provide for the establishment and training of an FBI Reserve 

Service that would facilitate streamlined, temporary re-hiring from 

a pre-certified cadre of retired FBI employees who possess the specialized skills required to deal with the demands of crises or other 

special situations. The provision will allow the FBI to quickly access experienced former employees in the event of an emergency, 

without adversely impacting reserve service members’ retirement 

pay. 

N–DEx.—The conferees are aware that this new information 

system will allow for better tracking of corporate crime, such as 

pollution, accounting fraud, corruption, price fixing and tax evasion. The conferees encourage the FBI to work with other federal 

agencies such as the Securities and Exchange Commission, the 

U.S. Attorneys, and the Sentencing Commission to ensure adequate 

data is provided on referrals for prosecution and dispositions of 

cases. The conference agreement adopts by reference the House report language regarding N–DEx and the submission of a report 

within 180 days of enactment of this Act. 

Oil-for-Food.—The conferees direct the FBI to provide assistance in the United Nations investigation of the ‘‘Oil-for-Food’’ proVerDate Aug 04 2004 07:33 Dec 01, 2004 Jkt 096906 PO 00000 Frm 00733 Fmt 6601 Sfmt 6601 E:\HR\OC\HR792.XXX HR792
730 

gram, if requested to do so by the Independent Inquiry Committee 

chaired by Paul Volcker. The conferees strongly support this investigation and encourage the FBI to make resources available, as appropriate, to ensure its successful conclusion. 

OPR.—The conference agreement adopts by reference the 

House report language concerning the Office of Professional Responsibility (OPR) and the submission of a report 90 days from the 

enactment of this Act. 

Innocent Images National Initiative.—The conference agreement adopts the Senate report language directing the FBI to consider emerging technologies that may help prevent and prosecute 

crimes against children and child exploitation through the Internet, 

such as software to troll online venues and record evidentiary materials. 

Terrorist Financing.—The conference agreement adopts the 

Senate report language concerning software that seeks to track financial data streams and, in real time, automatically notify analysts when designated transactions occur in the financial accounts 

of suspected terrorists. The FBI is directed to evaluate such software and report back to the Committees on Appropriations on its 

findings. 

Enterprise Architecture.—The conference agreement adopts the 

Senate report language directing the Government Accountability 

Office (GAO) to review the FBI’s management of its enterprise architecture effort, including its use of effective contractual controls 

and its approach to contractor tracking and oversight. In addition, 

the conferees direct GAO to review whether FBI’s approach to developing its enterprise architecture is consistent with established 

best practices. 

Criminal Justice Information Services Division.—The conference agreement includes $387,271,000, including fee collections, 

for the Criminal Justice Information Services Division (CJIS). The 

conference agreement does not adopt the FBI’s proposal to reduce 

the CJIS IT system maintenance budget by $3,000,000. 

The conference agreement also includes by reference Senate 

language prohibiting the diversion of funding collected through the 

CJIS user fee for any purpose other than CJIS, its refreshment 

plan, or a subsequent modernization plan for the current facility. 

Moreover, the conferees direct that $50,668,734 of Working Capital 

Fund balances be utilized to begin design for hardware and software modernization at CJIS located in Clarksburg, West Virginia. 

The intent is to ensure that legacy systems are phased out and replaced with modern equipment so that the FBI can take advantage 

of emerging technologies, such as advances in biometrics, and ensure interoperability and increased information sharing with other 

agencies. This will also allow for dedicated development of future 

generations of equipment at CJIS. Within 180 days of enactment 

of this Act, the FBI is directed to submit to the Committees on Appropriations a status report on the modernization of the existing 

CJIS systems. 

Automated Biometric Identification System/Integrated Automated Fingerprint Identification System (IAFIS).—The conference 

agreement adopts the Senate report language directing the Department of Justice to submit a report to the Committees on AppropriaVerDate Aug 04 2004 07:33 Dec 01, 2004 Jkt 096906 PO 00000 Frm 00734 Fmt 6601 Sfmt 6601 E:\HR\OC\HR792.XXX HR792
731 

tions not later than April 5, 2005, on the existing capacity of 

IAFIS, the expected impact US-VISIT may have on the system, and 

any additional costs necessary to increase IAFIS’s capacity to meet 

that impact. 

Intellectual Property Rights.—Within the resources provided 

for counterintelligence, not less than $5,000,000 shall be available 

to combat industrial espionage and other threats to the intellectual 

property rights of manufacturers and researchers in the United 

States. 

Trilogy.—The conferees have not adopted the total program 

cost cap included by the Senate for Trilogy, including the Virtual 

Case File (VCF), but agree that imposing discipline in this program 

is essential. The Initial Operating Capability (IOC) for VCF is expected to be completed in December 2004, and will provide the following functionality: import all document types; manage workflow; 

upload to the Automated Case Support System (ACS); and interfaces through ACS. The conferees recommend that the FBI commission an independent study of Trilogy that evaluates the overall 

achievements of the program, including equipment upgrades and 

improved capabilities, identifies outstanding requirements, and establishes a timeline and cost estimate to complete deployment of 

the program. The study shall also note the benefits of making VCF 

capabilities available to the users as soon as possible. 

CONSTRUCTION

The conference agreement includes $10,242,000 for FBI construction as proposed by the House. The Senate funded this activity under a different heading. The conference agreement includes 

$1,242,000 for recurring construction needs and provides 

$9,000,000 for a records management center. 

The conferees understand that consolidation of records and collocation of records management personnel would achieve business 

process efficiencies and personnel savings. It would make more 

space available in the FBI headquarters building, allowing the FBI 

to reduce leased space in the Washington, D.C., metropolitan area, 

and would free up needed space in the field as the number of FBI 

staff continues to increase. The conferees understand that the FBI 

hired an outside consultant to study potential locations for a 

records management center using the following criteria: (1) at least 

60 miles outside of Washington, D.C., for continuity of operations; 

(2) away from obvious terrorist targets; (3) within 250 miles of 

Washington, D.C.; (4) having access to transportation, utilities, and 

communications networks; and (5) availability of an educated workforce. The conferees understand the FBI chose Frederick County, 

VA, as the most ideal location to establish this center. The conferees further understand that the FBI intends to lease an interim 

facility in Frederick County while the design and construction of a 

permanent facility is underway. The recommendation includes 

$9,000,000 for the costs to lease, equip and relocate an interim 

records management center in Frederick County in fiscal year 

2005. This records management facility will not assume any personnel, projects, programs, or activities being performed by the 

CJIS. 

732 

DRUG ENFORCEMENT ADMINISTRATION

SALARIES AND EXPENSES

The conference agreement includes $1,653,265,000 for the 

Drug Enforcement Administration, instead of $1,661,503,000 as 

proposed by the House and $1,645,027,000 as proposed by the Senate. 

The recommendation provides the following increases: 

$53,146,000 for inflationary and other costs to maintain the current operating level; $14,976,000 and 165 positions for priority targeting; $3,000,000 for the Special Operations Division; $4,047,000 

and 3 positions for investigative technology support; $1,173,000 

and 9 positions for computer forensics support; $1,000,000 for aviation support; $8,530,000 and 10 positions for the Concorde project 

and web infrastructure; and $4,837,000 and 4 positions for the El 

Paso Intelligence Center. 

Of the funding provided for priority targeting, $4,095,000 and 

82 positions are for administrative support to relieve agents from 

performing non-investigative duties. The remaining positions and 

funding shall be available for the highest priority domestic and 

international enforcement activities. 

Decision Units.—The conference agreement adopts the Senate 

report language regarding the consolidation of DEA’s ten decision 

units to three. The conferees direct DEA to provide a spending plan 

by the proposed three decision units to the Committees on Appropriations not less than 30 days after enactment of this Act. To 

measure the impact of this change, DEA is directed to provide 

quarterly reports to the Committees on Appropriations of its obligations by prior year as well as proposed decision units. 

Demand Reduction Activities.—The conference agreement includes not less than $8,891,000 for DEA’s Demand Reduction activities. 

Number of Drug Agents.—Since the September 11, 2001 attacks, the Federal Bureau of Investigation (FBI) has diverted 

agents from drug investigations to counterterrorism and counterintelligence activities. In order to address this change in FBI priorities without negatively impacting Federal law enforcement’s ability to combat drug crimes, the conferees have provided increased 

funding to the DEA to compensate for this change. With the additional DEA agents funded in fiscal year 2005 under this heading 

and under the Interagency Crime and Drug Enforcement heading, 

the total combined number of DEA and FBI agents working on 

drug cases will exceed the pre-September 11th level by 202. 

Ecstasy Interdiction.—The conferees note the progress made by 

DEA and the Department of State against so-called ‘‘club drugs’’ 

under the ‘‘Roadmap’’ initiative with the Belgian and Dutch governments. The conferees direct the Department of State and DEA 

to submit a report to the Committees on Appropriations no later 

than 90 days after enactment of this Act, detailing steps to be 

taken in the second roadmap. The second roadmap should emphasize sufficient U.S. presence in the Netherlands, more effective 

work against the export of precursor chemicals, and a review of terrorist links to club drug trafficking organizations. 

733 

DEA’s Role in the Intelligence Community.—The conferees are 

aware of the direct relationship between the funding of international terrorism and narcotics trafficking. The conferees applaud 

the work of DEA personnel around the world and encourage them 

to continue sharing critical intelligence related to terrorism with 

other U.S. government agencies. 

Offsets.—The conference agreement assumes the implementation of all of the Administration’s proposed offsets except the proposal to charge the District of Columbia Metropolitan Police Department fees for forensic evidence analysis services. The recommendation reduces funding for requested program increases in 

order to offset this proposal. The Committee is disappointed that 

the Administration’s proposal to offset funding increases is to increase the funding burden on State and local law enforcement. 

Operation Containment.—DEA is directed to continue to provide an update on Operation Containment activities in Afghanistan 

in May and September of 2005. 

Diversion Control Fee Account.—The conference agreement in- cludes $154,216,000 for this account, as provided by the House and 

Senate. The conference agreement includes the following program 

increases: $11,711,000 is to improve and modernize customer service and e-commerce; $3,482,000 is for the Internet Online Investigations Project and to update the Controlled Substances Information System II; $659,000 is to enhance DEA’s ability to respond to 

the regulated community and improve the management and financial accountability of resources; and $15,773,000 supports the Drug 

and Chemical Diversion Control Decision Unit, previously funded 

under salaries and expenses, to simplify financial management 

issues and ensure a stable source of funding for the program. In 

addition, the conference agreement provides DEA with 10 additional positions to implement sections 110 and 111 of this Act. The 

Department of Justice is directed to submit quarterly reports describing its efforts to address prescription drug diversion. 

BUREAU OF ALCOHOL, TOBACCO, FIREARMS AND EXPLOSIVES

SALARIES AND EXPENSES

The conference agreement provides $890,357,000 for the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) as proposed by the Senate instead of $870,357,000 as proposed by the 

House. 

The conference agreement includes program increases of 

$2,707,000 and 31 positions for additional explosives investigations 

and regulatory compliance; $5,000,000 and 24 special agents to 

focus on gang-related investigations; and $5,600,000 for the construction and establishment of the Federal Firearms Licensing 

Center at the National Tracing Center Facility. 

In addition, the conference agreement provides a $1,000,000 

increase for the National Tracing Center Division. The conferees 

understand that the number of trace requests, particularly international trace requests, is growing dramatically. 

Specialized Explosives Groups.—There has been a large increase in the criminal misuse of explosives. Therefore, the conference agreement includes an increase of $10,200,000 for the creVerDate Aug 04 2004 07:33 Dec 01, 2004 Jkt 096906 PO 00000 Frm 00737 Fmt 6601 Sfmt 6601 E:\HR\OC\HR792.XXX HR792
734 

ation and operation of four specialized explosives groups. These 

groups shall be strategically located throughout the United States 

based on a thorough threat and workload assessment conducted by 

the Bureau. These groups will be responsible for investigating the 

misuse and trafficking of explosives, increasing inspection efforts 

for high-risk explosives licensees, and increasing forensic support 

to explosives investigations with the goal of proactively preventing 

explosives crimes and acts of terrorism. 

Conversion of Records.—The conferees recognize the need for 

the ATF to begin converting tens of thousands of existing records 

of out-of-business Federal firearms dealers from film to digital images at the National Tracing Center. Once the out-of-business 

records are fully converted, the search time for these records will 

be reduced to an average of 5 minutes per search from the current 

average of 45 minutes per search. This significant time saving will 

ultimately reduce overall costs and increase efficiency at the National Tracing Center. Therefore, the conference agreement includes a $4,200,000 increase for the ATF to hire additional contract 

personnel to begin this conversion. 

Access 2000 Program.—The conferees are aware that the Access 2000 program was initiated by ATF to improve the efficiency 

and reduce the costs associated with firearms tracing incurred by 

Federal Firearms Licensees (FFLs). ATF and FFL importers, manufacturers, and wholesalers form a partnership in this effort. FFLs 

take their data from their mainframe computer and import it into 

a stand-alone server provided by the ATF. The National Tracing 

Center is connected to this server remotely by secure dial-up and 

obtains information on a firearm that is subject to a firearms trace. 

The conferees support this program, which reduces the administrative burdens of the FFL and allows the ATF around the clock access to the records. The ATF currently has 36 Access 2000 partners. The conferees encourage the ATF to place more emphasis on 

this program and expand the number of partners to the greatest 

extent possible. 

Special Response Teams.—The conferees are aware of the extremely important role Special Response Teams (SRTs) play in the 

enforcement of our Nation’s laws. The Bureau has four teams 

throughout the United States. Due to the personnel limitations 

within the Bureau, the four SRTs are predominately made up of 

special agents that maintain a full case load on the street and train 

to maintain the highly specialized skills required to qualify for an 

SRT position. The conferees laud these special agents and the extraordinary dedication to the mission of the ATF they display in 

order to ensure these teams are effective, safe, and successful. The 

conferees also acknowledge the outstanding service the unique 

human scent/tactical K–9 program has provided in support of the 

Special Response Teams. The conferees urge the ATF to train at 

least two additional K–9s so as to equip each SRT with full time 

support. 

The conferees adopt by reference the House report language 

concerning certain sensitive law enforcement information contained 

in databases maintained by the ATF. 

735 

FEDERAL PRISON SYSTEM

SALARIES AND EXPENSES

The conference agreement includes $4,627,696,000 for the salaries and expenses of the Federal Prison System as proposed by the 

Senate, instead of $4,567,232,000 as proposed by the House. The 

conferees believe that the budget request was inadequate to support the requirements of the Federal Prison System (FPS). The conference agreement provides an amount that should be sufficient to 

complete or begin activation of ten prisons and also continue operations at existing prisons. To ensure that the FPS is able to activate prisons on a two-year timeline, the conference agreement includes a provision making activation funds available until September 30, 2006. The conferees expect the ten new prisons to be 

receiving inmates by the date listed in the table below and have 

provided funding to maintain this schedule. Amounts are dedicated 

to activate each institution as follows: 

Institution Activation 

date 

Activation 

costs 

Inmate care 

nationwide Total 

Victorville, CA USP ......................................................... 1/05 $28,200 $5,836 $34,036 

Hazelton, WV USP ........................................................... 1/05 37,300 5,836 43,136 

Forrest City, AR facility .................................................. 11/04 30,000 2,918 32,918 

Herlong/Sierra, CA medium camp ................................. 3/05 30,700 8,754 39,454 

Williamsburg, SC FCI ..................................................... 9/04 38,000 1,476 39,476 

Canaan, PA USP ............................................................. 2/05 34,000 7,295 41,295 

Terre Haute, IN USP ....................................................... 3/05 26,000 8,754 34,754 

Bennettsville, SC FCI ..................................................... 12/04 32,500 4,377 36,877 

Yazoo City, MS FCI ......................................................... 2/05 26,300 7,295 33,595 

Coleman, FL USP ............................................................ 2/05 23,000 7,295 30,295 

306,000 59,836 365,836 

Reprogramming Authority.—The amounts designated in the 

table above for ‘‘activation costs’’ are intended for the sole purpose 

of bringing these new prisons online. The amounts designated in 

the table above for ‘‘inmate care nationwide’’ represent the cost associated with the inmates who will eventually be housed at the 

new facilities. The amounts designated in the table above are to be 

obligated as directed, and are therefore subject to the reprogramming procedures established in section 605 of this Act. 

Carryover Amounts.—In addition to the amounts designated in the table above, an additional $50,015,000 is available from 

amounts carried forward from fiscal year 2004 for prison activations. The conferees expect that funds for Victorville, CA; Williamsburg, SC; Canaan, PA; Hazelton, WV; Herlong/Sierra, CA; Forrest 

City, AR; and Yazoo City, MS will be obligated as planned. If the 

amounts required deviate from the planned levels, the FPS should 

submit a reprogramming notification in accordance with section 

605 of this Act. 

Base Operations.—The conferees believe that the amount provided for this account is sufficient to support the base operational 

needs of the entire FPS. Within the amounts provided, the conferees provide base funding of $41,000,000 for FCI Gilmer, West 

Virginia and $41,000,000 for FCI Beckley, West Virginia. 

Contract Confinement.—The conference agreement includes $584,948,000 for the contractual costs associated with housing inVerDate Aug 04 2004 07:33 Dec 01, 2004 Jkt 096906 PO 00000 Frm 00739 Fmt 6601 Sfmt 6601 E:\HR\OC\HR792.XXX HR792
736 

mates. This amount includes $22,850,000 in contracts for the National Institute of Corrections and $9,400,000 for 4,500 additional 

low-security contract beds. The conferees adopt by reference House 

language regarding use of excess State, local, and private prison capacity to meet bedspace needs, if these facilities meet FPS standards. The conferees also adopt by reference Senate report language 

in support of private sector contract confinement. 

Drug Treatment.—The conferees expect that an amount equal 

to the fiscal year 2004 level will be provided for the transitional 

drug treatment program. 

Joint Bureau of Prisons/Judiciary Pilot Program.—The conference agreement includes a general provision supporting a pilot 

program that will allow the Federal Public Defender in the Southern District of Florida to transfer computers for use by inmates reviewing electronic discovery. 

Financial Plan.—The conference agreement includes section 

118, which requires submission of a financial plan. In requiring the 

submission of a financial plan, the conferees are mindful of the 

complexities of managing the budget for the FPS. However, the 

conferees believe that such a plan is justified in order to effectively 

carry out the oversight responsibilities of the Committees on Appropriations. To ensure that there is no unnecessary delay in operations of the FPS, the Committees will review the proposed financial plan and respond to the Department of Justice within 15 working days of receipt of the plan. However, submission of the financial plan does not replace the requirement for reprogramming notification under section 605 of the Act. 

Sexual Misconduct.—The conferees commend the FPS on its 

work to address and prevent sexual misconduct. With funds provided in earlier appropriations Acts, the National Institute of Corrections has made useful progress in providing training and technical support to correctional systems throughout the country to 

eliminate staff sexual misconduct with inmates, training in investigating cases, and training ‘‘trainers’’ in order that employees at 

every level will be more aware of, and better prepared to deal with, 

these cases. The conferees direct the FPS to continue these efforts 

and to report to the Committee by March 31, 2005, on progress 

made in this area. 

The conference agreement incorporates by reference House report language regarding a reimbursable agreement. The conference 

agreement incorporates by reference Senate report language directing the FPS to move forward with the site investigation and planning for Hazelton, West Virginia. The conferees also incorporate by 

reference Senate report language regarding female inmates and 

medical records. 

BUILDINGS AND FACILITIES

The conference agreement includes funding of $189,000,000 for 

construction, modernization, maintenance and repair of prison and 

detention facilities housing Federal prisoners as proposed by the 

House and the Senate. The conference agreement includes section 

106, which prohibits the transfer of funds from this account to any 

other Department of Justice account. The conferees continue to expect that all current construction projects will proceed as planned. 

737 

The conferees remain concerned that while the prison population grows, the Department of Justice continues to submit budget 

requests with proposed rescissions of prison construction funds. 

The conferees reiterate previous direction to discontinue this practice. 

LIMITATION ON ADMINISTRATIVE EXPENSES, FEDERAL PRISON

INDUSTRIES, INCORPORATED

The conference agreement includes language regarding a limit 

on administrative expenses of $3,411,000 for Federal Prison Industries, Incorporated (FPI). The conferees adopt by reference House 

report language regarding the FPI program. 

OFFICE ON VIOLENCE AGAINST WOMEN

VIOLENCE AGAINST WOMEN PREVENTION AND PROSECUTION

PROGRAMS

The conference agreement includes $387,275,000 for violence 

against women prevention and prosecution programs instead of 

$383,551,000 as proposed by the House and $410,000,000 as proposed by the Senate. The following table outlines the funding provided in the conference agreement: 

[In thousands of dollars] 

FY 2004 

enacted 

FY 2005 

request House Senate Conference agreement 

Violence Against Women Office Programs STOP 

Grants ............................................................. $166,564 $176,747 $176,747 $175,705 $187,086 

(National Institute of Justice—R&D) ........ (5,145 ) (5,200 ) (5,200 ) (5,000 ) (5,000 ) 

(Safe Start Program) .................................. (9,895 ) (10,000 ) (10,000 ) (10,000 ) (10,000 ) 

(Transitional Housing Assistance) ............. ................... (15,000 ) (15,000 ) (10,000 ) (12,500 ) 

Grants to Encourage Arrest Policies ................... 63,824 62,479 62,479 64,503 63,491 

Rural Domestic Violence Assistance Grants ....... 39,267 38,274 38,274 39,685 39,685 

Violence on College Campuses ........................... 9,830 9,175 9,175 9,935 9,175 

Civil Legal Assistance ......................................... 39,322 39,871 39,322 39,740 39,740 

Elder Abuse Grant Program ................................ 4,916 4,458 4,458 4,968 4,600 

Safe Haven Project .............................................. 14,746 14,078 14,078 14,903 14,078 

Educ. & Train for Disabled Female Victims ....... 7,373 6,922 6,922 7,451 7,250 

Transitional Housing ........................................... 14,842 ................... ................... ................... .....................

Management and Administration ....................... ................... 10,473 10,339 30,000 .....................

CASA (Special Advocates) ................................... 11,772 11,484 11,484 11,897 11,897 

Training for Judicial Personnel ........................... 2,257 1,925 1,925 2,281 1,925 

Grants for Televised Testimony ........................... 983 986 983 994 983 

Training Programs ............................................... 4,905 4,415 4,415 4,957 4,415 

Stalking Database ............................................... 2,950 2,962 2,950 2,981 2,950 

Total ....................................................... 383,551 ................... 383,551 410,000 387,275 

The conference agreement directs the Office on Violence 

Against Women to submit a Management and Administration financial plan to the Committees on Appropriations within 60 days 

of enactment of this Act. The financial plan shall include the 

amount of funding reimbursed to the Office of Justice Programs for 

administrative services. The Justice Management Division is required to verify the appropriateness of this amount. 

Native American/Native Alaskan Liaison Office.—The conferees understand that Native American and Native Alaskan 

women experience a high rate of violence compared to any other 

738 

group in the United States. The conferees are concerned these individuals lack a comprehensive community response to address their 

needs in breaking the cycle of violence. The conferees believe a liaison office would be an effective resource for these communities to 

identify and address their needs in order to develop a community 

response for the elimination of domestic violence. 

The conferees are aware that the State of Alaska has been 

ranked number 1 in the country for its rate of rape, the rate at 

which men kill women, and the rate at which firearms are stolen. 

Although violent crime rates have dropped across the nation last 

year, Federal statistics have shown that violent crimes have been 

on the rise in Alaska. The conferees understand that the Office on 

Violence Against Women held a summit in Alaska in July, 2004, 

which enabled experts from across the country to assist Alaska 

with this pervasive social problem. The conferees commend the Office on Violence Against Women for their effort in bringing both the 

Alaska community and the professional community together. The conference agreement includes $7,550,000 for the Native 

American/Native Alaskan Liaison Office to begin their work in 

Alaska. The conferees have provided $2,400,000 for the Anchorage 

Domestic Violence Prevention Project; $950,000 for the domestic violence prosecution unit in Alaska; $2,700,000 for the Sexual Assault/Domestic Violence Prosecution Unit for the State of Alaska; 

$750,000 for the Sexual Assault Response Team for the Municipality of Anchorage; and $750,000 for the Victims for Justice in 

Alaska. The conferees direct the Office on Violence Against Women 

to work with these organizations in order to develop a comprehensive community approach for the State of Alaska. 

OFFICE OF JUSTICE PROGRAMS

JUSTICE ASSISTANCE

The conference agreement includes $227,900,000 for Justice 

Assistance. The conferees do not adopt the Administration’s proposal to consolidate all Office of Justice Programs (OJP) activities 

under this heading. The table below displays the conference agreement compared to the request for programs funded under this 

heading and compared to the amounts provided in the House and 

Senate bills. 

[In thousands of dollars] 

Program FY 2004 

enacted 

FY 2005 

request House Senate Conference agreement 

National Institute of Justice ......................................... 47,495 63,559 55,000 63,350 55,000 

Bureau of Justice Statistics .......................................... 31,787 38,717 34,000 32,125 34,000 

Victim Notification ........................................................ .................. .................. .................. 8,000 8,000 

National White Collar Crime ......................................... 8,905 4,500 9,000 .................. 9,000 

Regional Inf. Sharing Sys ............................................. 29,684 43,960 40,000 40,000 40,000 

Management and Admin ............................................... 34,632 118,730 38,000 25,000 35,000 

Missing Children Program ............................................ 35,621 35,368 41,000 42,400 46,900 

Total ................................................................. 188,124 .................. 217,000 210,875 227,900 

National Institute of Justice (NIJ).—The conference agreement 

provides $55,000,000 for the National Institute of Justice. The conference agreement provides $20,000,000 for the Office of Science 

739 

and Technology, $3,250,000 for counterterrorism research and development, $10,000,000 for social science research and evaluation, 

$21,000,000 for the National Law Enforcement and Corrections 

Technology Centers, and $750,000 for Mistral Security Non-Toxic 

Drug Detention and Identification Aerosol Technology. 

The conferees adopt the Senate report language concerning the 

National Law Enforcement and Corrections Technology Centers. 

Funding for these centers is distributed as follows: 

The National Law Enforcement and Corrections Technology Centers 

[In thousands of dollars] 

Northeast Regional Center ................................................................... $3,000 

Southeast Regional Center ................................................................... 3,000 

Rocky Mountain Regional Center ......................................................... 3,000 

Western Regional Center ...................................................................... 3,000 

National Center ..................................................................................... 3,000 

Northwest Center .................................................................................. 3,000 

Technology Specialty Centers ............................................................... 3,000 

Total, Regional and Specialty Centers ...................................... 21,000 

Within the level of funding provided for the Office of Science 

and Technology, $3,000,000 is for the CommTech program. 

Within the level of funding provided, $3,000,000 is for the Center for Rural Law Enforcement Technology and Training, and 

$2,800,000 is for the Office of Law Enforcement Technology Commercialization, Inc. The conferees recognize and support the important work of the Border Research Technology Center and support 

the budget request for research on trafficking in persons. NIJ shall 

consider expanding the Forensic Resource Network in future years. 

Missing Children.—The conference agreement includes 

$46,900,000 for the Missing Children Program for the following 

purposes: 

MISSING CHILDREN PROGRAM 

[In thousands of dollars] 

Program FY 2004 

enacted 

FY 2005 

request House Senate Conference 

National Center for Missing and Exploited Children .... $14,842 $12,419 $17,000 $26,900 $23,900 

Jimmy Ryce Law Enforcement Training Center ............ 2,968 1,049 3,000 3,000 3,000 

Internet Crimes Against Children Task Force ............... 12,368 14,500 14,500 12,500 13,500 

Missing and Exploited Children Office ......................... 1,484 2,400 1,500 .................. 1,500 

AMBER Alert Program ................................................... 3,959 5,000 5,000 .................. 5,000 

Total ................................................................. 35,621 35,368 41,000 42,400 46,900 

National Center for Missing and Exploited Children 

(NCMEC).—The conferees strongly support the NCMEC’s nationwide services for the prevention of abduction, endangerment, and 

sexual exploitation of children. The conferees believe these services 

are an effective part of the congressionally intended safety net for 

our most vulnerable children. The conferees commend the leadership of NCMEC for their dedication to these issues. Of the funds 

appropriated for the NCMEC, $1,000,000 is for NCMEC’s Lost 

Child Alert Technology Resource (LOCATER) program; $2,250,000 

is for NCMEC’s NETSMARTZ program; $1,650,000 is for the expansion and enhancement of the Child Recognition and IdentificaVerDate Aug 04 2004 07:33 Dec 01, 2004 Jkt 096906 PO 00000 Frm 00743 Fmt 6601 Sfmt 6601 E:\HR\OC\HR792.XXX HR792
740 

tion System (CRIS); and $2,000,000 is for NECMEC’s Team Adam 

initiative. 

Regional Information Sharing System.—The conference agree- ment provides $40,000,000 for the Regional Information Sharing 

System (RISS). The conferees direct the Department to ensure that 

inter-state information sharing systems funded by OJP and COPS 

comply with the National Criminal Intelligence Sharing Plan. The 

conferees strongly support RISS’s leadership role in implementing 

the National Criminal Intelligence Sharing Plan. In particular, the 

conferees are pleased with RISS’s efforts in promoting collaboration 

between Federal, State, and local agencies through information 

sharing, especially in the exchange of antiterrorism information. 

Furthermore, the conferees commend the support provided by BJA 

for RISS. 

Bureau of Justice Statistics.—Of the funds provided for the Bu- reau of Justice Statistics, $2,000,000 shall be utilized for the National Crime Victimization Survey (NCVS) conversion. This funding 

supports the continuation of converting the NCVS from primarily 

a paper and pencil operation to a fully automated data collection 

operation. 

Victim Notification System.—The conferees understand that 

eighteen states have implemented statewide automatic victim notification programs, but a national automated victim notification network remains incomplete. The conference agreement recommends 

$8,000,000 for the Bureau of Justice Assistance to launch a new 

grant program for State automated victim notification programs. 

The conferees agree that no funding can be utilized from the Victims Assistance Program for this initiative and that funds provided 

under this heading require a 50 percent match from State, local, 

or private sources. The conferees direct the Bureau of Justice Assistance to work with Congress in developing this program and to 

submit to the Committees on Appropriations a report outlining the 

program within 180 days of the enactment of this Act. 

Management and Administration.—The conference agreement 

provides $35,000,000 in direct appropriations for the management 

and administration of OJP. The conferees direct OJP to submit a 

financial plan to the Committees on Appropriations within 60 days 

of enactment of this Act. The financial plan shall include the 

amount of reimbursable funding OJP receives from the Office of 

Community Oriented Policing Services, the Office on Violence 

Against Women and the Office of Domestic Preparedness, as well 

as reimbursements for the processing of grants for any other agency outside of the Department of Justice. In addition, the financial 

plan shall outline the level of funding individual OJP programs will 

be contributing for management and administration. 

The conferees are cognizant that independent auditors performing the fiscal year 2004 financial audit at OJP found multiple 

material weaknesses in internal controls surrounding OJP’s grant 

accounting practices and grants management systems. The conferees are extremely disappointed that the weaknesses have caused 

the auditors to disclaim their opinion on OJP’s financial statements 

and as a result have caused the loss of the overall Department of 

Justice clean audit opinion. The conferees understand the auditors 

reported weaknesses in OJP’s grant accounting process, significant 

741 

errors in reporting, weak systems controls, weaknesses in OJP 

monitoring, and an inability to adequately document certain accounting entries. The conferees direct OJP to rectify its accounting 

and monitoring weaknesses, strengthen its internal controls and 

systems, and ensure it can reliably report its financial activity in 

fiscal year 2005. Additionally, the conferees expect OJP to submit 

monthly reports to the Committees on Appropriations on the status 

of the corrective action plan. 

STATE AND LOCAL LAW ENFORCEMENT ASSISTANCE

The conference agreement provides a total appropriation of 

$1,295,510,000. The table below displays the funding provided in 

the conference agreement compared to the level of funds requested 

under the Justice Assistance heading for similar activities, and 

compared to the levels provided in the House and Senate bills. 

[In thousands of dollars] 

2004 

enacted 

2005 

request House Senate Conference agreement 

Byrne Memorial Justice Assistance Grants ......... ................... 508,937 634,000 ................... 634,000 

(Boys and Girls Clubs) ............................... ................... (60,000 ) (80,000 ) ................... (85,000 ) 

(USA Freedom Corps) ................................. ................... ................... (5,000 ) ................... (2,500 ) 

(National Institute of Justice) .................... ................... (19,956 ) (15,000 ) ................... (10,000 ) 

(Tribal Courts) ............................................ ................... (5,921 ) ................... ................... .....................

Edward Byrne Memorial State Formula .............. 494,739 ................... ................... 500,000 .....................

Local Law Enforcement Block Grants ................. 222,632 ................... ................... 150,000 .....................

(Boys and Girls Clubs) ............................... (79,158 ) ................... ................... (85,000 ) .....................

(USA Freedom Corps) ................................. (2,968 ) ................... ................... ................... .....................

(National Institute of Justice) .................... (9,895 ) ................... ................... (10,000 ) .....................

State Criminal Alien Assistance ......................... 296,843 ................... 325,000 220,000 305,000 

Southwest Border Prosecutor Program ............... ................... ................... ................... 30,000 30,000 

Cooperative Agreement Program ......................... 1,979 ................... ................... ................... .....................

Indian Assistance ................................................ 14,842 4,240 15,000 18,000 18,000 

(Tribal Prison Construction Program) ........ (1,979 ) ................... (2,000 ) ................... (5,000 ) 

(Indian Tribal Courts Program) .................. (7,916 ) ................... (8,000 ) ................... (8,000 ) 

(Alcohol and Substance Abuse) ................. (4,947 ) (4,240 ) (5,000 ) ................... (5,000 ) 

Byrne Discretionary Grants ................................. 157,443 ................... 110,000 117,969 170,027 

USA Freedom Corps ............................................. ................... 15,381 ................... ................... .....................

Victims of Trafficking Grants ............................. 9,894 ................... 10,000 ................... 10,000 

State Prison Drug Treatment .............................. ................... 74,669 35,000 25,000 25,000 

Drug Courts ......................................................... 38,095 67,463 50,000 40,000 40,000 

Prescription Drug Monitoring .............................. 6,926 ................... 10,000 ................... 10,000 

Prison Rape Prevention and Prosecution ............ 36,784 7,654 52,175 ................... 37,000 

Other Crime Control Programs: 

Intelligence State and Local Training ....... ................... 10,654 10,000 11,000 10,500 

Hate Crimes Training ................................. 989 1,000 1,000 1,000 1,000 

Missing Alzheimer’s Patients ..................... 883 ................... 883 850 883 

Law Enfor. Family Support Program .......... ................... ................... ................... 2,000 2,000 

Motor Vehicle Theft Prevention Program ... ................... ................... ................... 100 100 

Senior Citizens Vs. Marketing Scams ........ 1,979 ................... 1,979 2,000 2,000 

Miscellaneous ...................................................... 51,942 ................... ................... ................... .....................

Rescission ........................................................... ................... (53,471 ) ................... ................... .....................

Total, State and Local Assistance ........ 1,335,971 ................... 1,255,037 1,117,919 1,295,510 

Edward Byrne Memorial Justice Assistance Grants program.— 

The conference agreement includes $634,000,000 for the Edward 

Byrne Memorial Justice Assistance Grants program, as authorized 

by H.R. 3036, the Department of Justice Appropriations Authorization Act, Fiscal Years 2004 through 2006, as passed by the House 

742 

on March 30, 2004. The conference agreement is $125,063,000 

above the budget request. 

This program is intended to consolidate the Local Law Enforcement Block Grant program and the Byrne Formula program. Funding under this program is authorized for: (a) law enforcement programs; (b) prosecution and court programs; (c) prevention and education programs; (d) corrections and community corrections programs; (e) drug treatment programs; and (f) planning, evaluation, 

and technology improvement programs. Funding is not available 

for: (a) vehicles, vessels, or aircraft; (b) luxury items; (c) real estate; 

or (d) construction projects. 

The formula used for distributing funds under this program allocates 50 percent of funding based on population, and 50 percent 

based on violent crime rates. The formula allocates 60 percent of 

funding to States and 40 percent to units of local government. Of 

the amount provided, $85,000,000 is for Boys and Girls Clubs; 

$10,000,000 is for NIJ to assist local units of government to identify, select, develop, modernize, and purchase new technologies for 

use by law enforcement; and $2,500,000 is for the USA Freedom 

Corps initiative for the expansion of Neighborhood Watch programs 

and the Volunteers in Policing program. 

Indian Country Grants.—The recommendation provides $18,000,000 for Indian Country grants. The conferees acknowledge 

the success that the Comprehensive Indian Resources for Community Law Enforcement (CIRCLE) initiative is having and urge the 

Department to continue to work on ways to expand CIRCLE. 

Edward Byrne Discretionary Grants.—The conference agree- ment includes $170,027,000 for discretionary grants under this account. 

Within the amounts provided, OJP is expected to review the 

following proposals, provide grants if warranted, and report to the 

Committees on Appropriations regarding its intentions: $4,500,000 for the National Citizens Crime Prevention 

Campaign; 

$1,750,000 for continued support for the expansion of 

SEARCH Group, Inc. and the National Technical Assistance 

and Training Program to assist States, such as West Virginia 

and Alabama, to accelerate the automation of the fingerprint 

identification process; 

$350,000 for the Turtle Mountain Community College, ND, 

Project Peacemaker; 

$1,000,000 for the Indigenous Peoples Law & Policy 

Project at the University of Arizona; 

$1,700,000 for the Drug Abuse Resistance Education 

(DARE) program; 

$8,000,000 for Operation UNITE for a drug enforcement, 

treatment and education program; 

$700,000 for the New Orleans, LA, Police Department for 

crime fighting initiatives; 

$200,000 for the Orleans Parish, LA, District Attorney’s 

Office for crime fighting initiatives; 

$500,000 for the Paul and Lisa Foundation; 

$2,000,000 for the Northern Virginia Regional Gang Task 

Force; 

743 

$587,000 for the Northwest Virginia Regional Drug Task 

Force; 

$3,000,000 for the State of Virginia for anti-gang coordination; 

$2,500,000 for Mothers Against Drunk Driving including 

the continuation of Spanish language public service announcements; 

$1,500,000 for the National Institute of Justice and Bureau of Justice Statistics to conduct a study of conditions of 

confinement in Indian country correctional facilities and the 

factors that exacerbate those conditions; 

$150,000 for the Obscenity Crimes Project to provide citizens with an online tool to report Internet obscenity crimes; $350,000 for Gospel Rescue Ministries; 

$300,000 for The Women’s Center in Vienna, VA; 

$1,500,000 for the Pacific Institute for Research and Evaluation, International Institute for Alcohol Awareness for a 

training and technical assistance program for State and local 

law enforcement regarding liquor law enforcement; $660,000 for the Virginia Community Policing Institute; 

$500,000 for William and Mary College’s Courtroom 21 

project; $1,540,000 for pre-release and post-incarceration services 

programs for the Commonwealth of Virginia; $1,500,000 for court programs in the Commonwealth of 

Virginia to combat drug use and drug related crimes; $732,000 for the Virginia Attorney General’s office for a 

Computer Crime Unit, a gang task force, and the Triad program; $500,000 for a school safety program in Northern Virginia; 

$250,000 for the Wyandotte Focus for a program to reduce 

recidivism; 

$200,000 for a community resource officer program and a 

school resource officer program in Manassas Park, VA; 

$100,000 for Clarke County, VA, for a school resource officer program; 

$250,000 for Securing Emergency Resources Through Volunteer Efforts for a re-entry program; 

$750,000 for The Doe Fund’s Ready, Willing & Able program; 

$300,000 for an onsite drug testing demonstration project 

in the Fourth Judicial District of New York State; 

$1,500,000 for the Phoenix House in Upstate New York 

Drug Treatment Alternative for offenders; 

$225,000 for Excelsior College for law enforcement training programs; 

$225,000 for the Capital Region Cybercrime Partnership in 

NY; 

$400,000 for the Pat Thomas Law Enforcement Academy 

Training Program; 

$100,000 for Southside Virginia law enforcement activities; 

$150,000 for the Tarrant County, TX, District Attorney for 

a gang database program; 

$1,500,000 for the Center for Court Innovation; 

744 

$500,000 for the Frank Bland Regional Training Center; 

$1,000,000 for Protecting Children Against Sex Offenders 

in Fairfax County, VA; $100,000 for Mountain Village, CO, for law enforcement 

technologies; $400,000 for the Rhode Island Family Treatment Court 

program; $1,500,000 for the Washington Metropolitan Area Drug 

Enforcement Task Force (MATF); 

$2,000,000 for the Washington Public Building Mapping 

System; $200,000 for Forest County, PA, for court related costs; 

$1,000,000 for the Wichita, KS, Police Department for law 

enforcement costs; 

$250,000 for the Chattanooga, TN, Drug Court program; 

$250,000 for the Law Enforcement Innovation Center; 

$500,000 for the Rape, Abuse and Incest National Network’s sexual abuse hotline; 

$3,000,000 for the National Clearinghouse for Science, 

Technology, and the Law at Stetson University College of Law; $2,000,000 for the National Forensics Science Technology 

Center in Largo, FL; $750,000 for Pinellas County, FL, for a jail diversion program for the mentally ill; $200,000 for the Pinellas County, FL, Sexual Predator 

Unit; 

$250,000 for Kristen’s Act; 

$200,000 for It Happened to Alexa; 

$500,000 for Phoenix House in Dallas, TX, for at-risk 

youth programs; $250,000 for the Southern Methodist University’s Family 

Research Center to conduct research on domestic violence; 

$3,000,000 for the University of Houston to work with the 

National Institute of Justice to test new law enforcement technologies; 

$250,000 for the Ascension Parish Law Enforcement 

Training Center; 

$250,000 for the National Correctional Industries Association’s Prison Industry Enhancement Certification Training and 

Technical Assistance Project; 

$2,000,000 for the National Institute of Justice’s Cyber 

Science Laboratory in Rome, NY; 

$300,000 for the National Association of Town Watch’s National Night Out crime prevention program; 

$200,000 for Athens-Clarke County, GA, for law enforcement initiatives; 

$200,000 for Effingham County, GA, for law enforcement 

initiatives; 

$200,000 for Augusta-Richmond County, GA, for law enforcement initiatives; 

$500,000 for the National Institute on State Policy on 

Trafficking of Women and Girls; 

$250,000 for the Rural Law Enforcement Information 

Technology Center at Tarleton State University; 

745 

$250,000 for the University of Notre Dame in collaboration 

with the State University of New York (SUNY) Stony Brook for 

law enforcement technologies research; 

$250,000 for the WINGS Domestic Violence program; 

$500,000 for Enough is Enough; 

$50,000 for the Stargazer Foundation; 

$100,000 for the Union County, NJ, Police Department in 

partnership with Union County College for law enforcement 

training programs; 

$250,000 for a school resource officer training program in 

Palm Beach County, FL; 

$250,000 for the Gun Crimes Reduction Task Force in 

Ventura County, CA; 

$100,000 for Bartow County, GA, for equipment to prevent 

the spread of airborne pathogens in the county jail; 

$250,000 for the State of Missouri, to enhance its Amber 

Alert program; 

$500,000 for Beyond Missing; 

$100,000 for the State University of New York for law enforcement training; 

$200,000 for St. Clairsville, OH, for courtroom equipment; 

$400,000 for the San Joaquin Valley Rural Crime Prevention Program; 

$100,000 for Whiteclay, NE, for law enforcement programs; 

$250,000 for the Regional Counter-Drug Training Academy 

for law enforcement training; 

$250,000 for the City of Lancaster, PA, for a community 

policing initiative; 

$250,000 for Chattahoochee Valley Community College for 

a law enforcement training program; 

$150,000 for the Check ’Em Out program; 

$300,000 for The Northwest Fund—Crime Reduction initiative; 

$500,000 for the Whitman-Walker law enforcement programs; 

$100,000 for the Lake Washington Technical College; 

$500,000 for the University of Toledo Center for Parents 

criminal justice program; 

$200,000 for the Westchester County, NY, Special Operations Task Force; 

$250,000 for Arlington County, VA, for gang suppression; 

$450,000 for the On-Site Academy’s Law Enforcement 

Counseling Program; 

$200,000 for the Safer Foundation ex-offender program; 

$500,000 for Training for Judicial Personnel; 

$600,000 for the Vera Institute of Justice; 

$500,000 for the Fairleigh Dickinson University 

CyberCrime program; 

$300,000 for the Computer Crimes Initiative—Suffolk 

County, NY; 

$50,000 for the Latino Action Center for drug and crime 

prevention programs; 

746 

$100,000 for New York City’s Community Crime Stopper 

Program; $100,000 for the Opening Word, Wyandanch, NY; 

$200,000 for the Eastern Michigan Center for Community 

Building; $200,000 for Project COPE NY Police Foundation; 

$400,000 for the STRIVE Ex-Offender Program; 

$400,000 for the Fortune Society’s Community Reentry 

Program; $50,000 for the Bexar County, TX, Jail Diversion Program; 

$200,000 for the Newport, RI, Police Department law enforcement initiative; 

$1,000,000 for the National Corrections and Law Enforcement Training and Technology Center; $500,000 for the Law Enforcement Information Technology 

and Analysis Program, WV; $125,000 for Wyandotte CHWC; 

$125,000 for Mid-America Nazarene; 

$240,000 for the Minneapolis, MN, Police Department law 

enforcement initiative; 

$500,000 for Hennepin County, MN, CrimNet; 

$100,000 for the Wisconsin Coalition Against Domestic Violence; 

$100,000 for the Wayne County, MI, Jail Diversion and 

Assistance Initiative; 

$100,000 for the Police Command Center in Cleveland, 

OH; 

$100,000 for California Front Line Law Enforcement; 

$400,000 for the Minnesota Fond du Lac Law Enforcement 

Program; $200,000 for the Central Wisconsin Drug Enforcement program; $500,000 for the Wisconsin Alliance for Children and Families; 

$1,000,000 for the International Center for Ending Violence; 

$750,000 for San Francisco Ex-Offender Reentry Services; 

$150,000 for California Western School of Law; 

$625,000 for the Contra Costa County, CA, ARIES Integrated Justice System; 

$400,000 for the Urban Justice Center; 

$500,000 for West Shore Regional Law Enforcement; 

$500,000 for the Multi-Jurisdictional Criminal Justice 

Data Integration Project; 

$200,000 for the Maine Rural Substance Abuse Project; 

$291,000 for the Town of Taos, NM, Police Department 

Law Enforcement; 

$100,000 for the Providence, RI, Police Department for 

Command Training; 

$250,000 for the Center Point Re-entry Program; 

$100,000 for the WAVE domestic violence program in California; 

$185,000 for a law enforcement program in Independence 

County, AR; 

747 

$100,000 for the Catholic University Anti-Domestic Violence Program in Puerto Rico; 

$500,000 for the Steganography Analysis and Research 

Center; 

$400,000 for the Alabama Bureau of Investigation’s Missing Children’s Program; 

$1,000,000 for the Alaska Native Justice Center restorative justice programs; 

$2,000,000 for the Alaskan Rural Prosecution Unit; 

$1,100,000 for Alcohol Interdiction in Alaska for bootlegging crimes; 

$250,000 for the Biloxi, MS, Police Department Technical 

Bomb Squad; 

$125,000 for Carbon County, UT, for drug enforcement; 

$200,000 for the Center on Domestic Violence at CU-Denver, CO; 

$100,000 for the City of Columbia, MS, for law enforcement equipment; 

$230,000 for the City of Philadelphia’s Operation Safe 

Streets; 

$100,000 for the City of Xenia, OH, Police Division Internet Child Protection Unit; 

$3,000,000 for the Consolidated Advanced Technology Laboratory at UNH; 

$700,000 for the Dispute Resolution program at Faulkner 

University, AL; 

$300,000 for the Fort Bend and Harris County, TX, AntiDrug Initiative; 

$250,000 for the further testing and evaluation of 

TACSCAN system; 

$890,000 for the Holyoke Community College, information 

security system; 

$5,000,000 for the Institute for Security Technology Studies, NH; 

$1,000,000 for the Center for Task Force Training; 

$2,000,000 for the Jackson, MS, Public Safety Automated 

Technologies—Equipment; 

$250,000 for the Kansas City Swope Parkway, MO; 

$375,000 for the Leadership Institute in Judicial Education, University of Memphis; 

$900,000 for the Clearwater Economic Development Association, ID, for the Idaho-Montana Lewis and Clark Bicentennial Bi-State Safety Project; 

$400,000 for Mental Health Courts; 

$100,000 for the Millerstown Borough Police Department, 

Perry County, PA; 

$1,000,000 for the Mississippi State University—Computer 

Crime Prosecution Initiative; 

$100,000 for the National Association of Promoting Success; 

$2,084,650 for the National Fatherhood Initiative; 

$650,000 for the New Hampshire Cyber Crime Initiative; 

$750,000 for the National Child Protection Training; 

748 

$51,000 for the NH Department of Safety evidence storage 

expansion; 

$250,000 for the NH Police Standards and Training distance learning expansion; 

$1,000,000 for Operation Streetsweeper; 

$550,000 for Brown University Nanotechnology DNA Sequencing in RI; 

$225,000 for crime scene examination enhancement for the 

State of Alaska; 

$500,000 for the El Paso Regional Lab in TX; 

$400,000 for the Greater Columbus Area Crime Fighting 

AFIS Project in OH; 

$100,000 for the Fulton County District Attorney’s Cold 

Case Unit in GA; 

$1,000,000 for the Mississippi Crime Lab to Address Forensic Backlog; 

$200,000 for the Northwest Ohio Regional Information 

System AFIS; 

$250,000 for the Ohio BCI Laboratory System Improvement Project; 

$375,000 for the Ohio BCI Palmprint AFIS Program; 

$200,000 for the Pikes Peak Metro Crime Lab DNA Laboratory in CO; 

$500,000 for Southeast Missouri State University; 

$200,000 for the Greenville Tech Forensic/DNS Laboratory 

in SC; 

$200,000 for the Texas Tech Forensic Science Institute; 

$150,000 for the University of Alabama at Birmingham 

Forensic Science Education and Training program; 

$400,000 for the Utah Valley State College Forensic 

Science Program; 

$200,000 for Weber State University’s Criminal Justice 

Program in UT; 

$200,000 for the Sam Houston State University, Texas, 

Center for Forensic Sciences. 

$250,000 for the Partners for Downtown Progress, AK; 

$2,000,000 for the Public Private Ventures, of which 

$750,000 is for the National Center on Neighborhood Enterprise, of which up to 5 percent may be used by Public Private 

for the purpose of enhanced accountability and rigorous evaluation of the Violence Free Zone project; 

$1,000,000 for the Ridgelend, MS, Police Department radios and equipment; 

$200,000 for the South Central Alaska Search and Rescue 

Training Project for the Alaska Police Department; 

$210,000 for the Alaska Statewide DARE coordinator and 

implementation of new DARE curriculum; 

$100,000 for equipment for the Tchula, MS, Police Department; 

$640,400 for technology improvements at the NH Department of Motor Vehicles; 

$3,000,000 for the continuation of the J-ONE information 

sharing system in NH; 

749 

$750,000 for the Texas Medical Center in Houston, TX, 

Operations Center; $1,000,000 for the University of Kentucky Rural Drug 

Prosecution Assistance Project; $500,000 for the University of Louisville Effects of Collaboration Team Intervention on Child Well Being; $2,000,000 for University of Mississippi National Center 

for Justice and the Rule of Law; 

$200,000 for the Texas Center for Forensic Science; 

$200,000 for the University of Mississippi TechLaw to offer 

police online training; $400,000 for the Institutional Security Program and the 

University of Southern Mississippi; $275,000 for the University of Southern Mississippi’s 

Rural Law Enforcement Training Initiative; $200,000 for the Violent Crimes Fugitive Task Force, MT; 

$300,000 for the State of Colorado Digital Trunked Radio 

System; $400,000 for the Western Kentucky University Public Safety program; $100,000 for the New Hampshire DARE program; 

$250,000 for the City of Richton, MS, for the police department; 

$65,000 for the University of Delaware Center for Drug 

and Alcohol Studies to conduct a statewide survey of delinquent and high risk behaviors; $3,100,000 for the Monterey County, CA, Street Violence 

and Anti-gang Project; $250,000 for the Washington State Department of Corrections Electronic Fingerprint Criminal Background Check; $150,000 for the Family Re-Entry, Inc., prisoner reentry 

pilot program in Bridgeport, CT; $400,000 for the University of Connecticut Breaking the 

Cycle of Behavioral Health Problems and Crime study; 

$150,000 for the Native Americans Into Law Program; 

$500,000 for the National Center for Victims of Crime and 

INFOLINK; 

$950,000 for the Chicago Project for Violence Prevention to 

expand Ceasefire; 

$500,000 for the San Diego, CA, Crisis Intervention Response Teams; 

$1,200,000 for the Methamphetamine Jail Treatment, IA; 

$765,000 for the Highway Interdiction Team, IA; 

$4,750,000 for the National Advocacy Center/National District Attorneys Association; 

$14,000,000 for the South Carolina Judicial Department 

case docket system; 

$1,000,000 for the Richland County Sheriff’s Office Carolina Regional Fugitive Task Force; 

$1,750,000 for Indian Legal Services 

$425,000 for the Oglala Sioux Tribe Judicial System operations; 

$500,000 for the Rosebud Sioux Tribe, SD, Judicial System 

operations; 

750 

$1,000,000 for the Worcester Polytechnic Institute, MA, for 

the development of law enforcement technologies; 

$100,000 for the Hampshire County, MA, Triad; 

$100,000 for the Phoenix House Treatment Center, MA; 

$950,000 for the Milwaukee County, WI, Judicial Oversight Demonstration Initiative; 

$400,000 for the Milwaukee, WI, Community Partners; 

$300,000 for the New Orleans District Attorney’s Office for 

system upgrades; 

$1,000,000 for the Child Safe Personalized Weapon, New 

Jersey’s Institute of Technology; 

$1,500,000 for the Baltimore City Operation Safe Streets; 

$150,000 for the Leadership and Public Service Mentoring 

and Education Program at the University of Florida; 

$250,000 for the University of Nebraska at Kearney Polygraph Credibility Project; 

$550,000 for the Henderson Emergency Operations Center, 

NV; 

$50,000 for the UNLV Boyd School of Law Immigration 

Clinic; 

$50,000 for the UNR Grant Sawyer Center for Justice 

Studies; 

$30,000 for the Mineral County, Nevada, Sheriff’s Office; 

$735,000 for the Family Development Foundation, Las 

Vegas, Nevada; 

$750,000 for the National Judicial College; 

$400,000 for the Bodega Association of NYC; 

$130,000 for the National Megan’s Law Helpline; and 

$500,000 for the Tools for Tolerance Program; 

Harold Rogers Prescription Drug Monitoring Program.—The 

conference agreement includes $10,000,000 to assist States in 

building or enhancing prescription drug monitoring systems, facilitating the exchange of information between States, and providing 

technical assistance and training on establishing and operating effective prescription drug monitoring programs. During 2002, 6.2 

million Americans abused prescription drugs. The conferees expect 

OJP to collaborate with DEA and other entities of the Executive 

Branch, such as the Food and Drug Administration and the Office 

of National Drug Control Policy, to ensure a coordinated government-wide approach to address prescription drug diversion. The 

Department of Justice is directed to submit quarterly reports describing its efforts to address prescription drug diversion. 

Prison Rape Prevention and Prosecution.—The conference 

agreement provides $37,000,000 for implementation of the Prison 

Rape Elimination Act of 2003 (Public Law 108–79). The conference 

agreement provides $15,000,000 for the collection of statistics, data 

and research as authorized by section 4 of the Act; $1,000,000 for 

the National Institute of Corrections for a national clearinghouse, 

training and education as authorized by section 5 of the Act; 

$20,000,000 for grants to States to protect inmates and safeguard 

communities as authorized by section 6 of the Act; and $1,000,000 

to be transferred to the National Prison Rape Elimination Commission. 

751 

Improving State and Local Law Enforcement Intelligence Capabilities.—The conference agreement includes $10,500,000 for the 

implementation of the National Criminal Intelligence Sharing Plan 

and the efforts of the Global Justice Information Sharing Initiative. 

The conferees direct this funding to be used to support training for 

State and local law enforcement on the intelligence process including planning, collection, analysis, dissemination and reevaluation. 

This program should continue to provide support for training in the 

use of intelligence as a tool in identifying pre-incident indicators. 

The conferees believe the training should ensure that law enforcement officials are protecting individuals’ privacy, civil rights, civil 

liberties, and constitutional rights within the intelligence process. 

The conferees also expect some funding to be available to promote 

the use of information technology standards among law enforcement to ensure that the data can be exchanged across disparate information systems. 

WEED AND SEED PROGRAM FUND

The conference agreement includes $62,000,000 for the Weed 

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

COMMUNITY ORIENTED POLICING SERVICES

The conference agreement includes $606,446,000 for Community Oriented Policing Services (COPS) programs instead of 

$686,702,000 as proposed by the House and $755,969,000 as proposed by the Senate. 

The table below displays the funding provided in the conference agreement compared to the level of funds requested under 

the COPS and Justice Assistance headings for similar activities 

and compared to the levels provided in the House and Senate bills. 

[In thousands of dollars] 

Program FY 2004 

enacted 

FY 2005 

request House Senate Conference 

Enhancement Grants ............................................. ................... ................... 113,000 ................... ....................

Hiring/School Resource Officers ............................ 118,737 ................... .................... 180,000 10,000 

Training and Technical Assistance ....................... (5,000 ) 17,625 .................... 20,000 15,000 

Tribal Law Enforcement ........................................ 24,737 20,000 .................... 20,000 20,000 

Meth Hot Spots ..................................................... 53,482 20,000 60,000 55,000 52,556 

COPS Technologies ................................................ 156,740 ................... 130,000 110,969 138,615 

Interoperable Communications ............................. 84,106 1,550 .................... 100,000 100,000 

Safe Schools Initiative .......................................... 4,552 ................... .................... 5,000 4,325 

Police Integrity Grants .......................................... 9,894 10,000 .................... 15,000 7,500 

Management and Administration ......................... 29,684 27,914 27,914 35,000 30,000 

Prior Year Balances (Rescission) .......................... ................... (53,471 ) .................... ................... ....................

Bullet-Proof Vests ................................................. 24,737 24,950 25,000 25,000 25,000 

Police Corps .......................................................... 14,842 27,579 20,000 15,000 15,000 

Criminal Records Upgrade .................................... 29,684 56,186 50,000 ................... 25,000 

DNA Initiative ........................................................ 98,948 175,788 175,788 100,000 110,000 

Paul Coverdell Forensic Science ........................... 9,894 ................... .................... 20,000 15,000 

Crime Identification Technology Act ..................... 23,971 ................... .................... 35,000 28,450 

(Safe Schools Technologies) ................................. (4,948 ) ................... .................... (5,000 ) ....................

SW Border Prosecutor Program ............................. 29,684 47,431 40,000 ................... ....................

Project Safe Neighborhoods .................................. 29,684 45,080 30,000 15,000 ....................

Offender Re-Entry .................................................. 4,948 15,000 15,000 5,000 10,000 

752 

[In thousands of dollars] 

Program FY 2004 

enacted 

FY 2005 

request House Senate Conference 

Grand total .............................................. 748,324 ................... 686,702 755,969 606,446 

COPS Hiring Program.—The conference agreement includes $10,000,000 for the hiring of law enforcement officers, of which 

$5,000,000 shall be for school resource officers. 

Police Corps.—The conference agreement includes $15,000,000 

for the Police Corps program. The conferees expect that the Police 

Corps training curriculum will incorporate all relevant training 

portions of the National Criminal Intelligence Sharing Plan. 

Indian Country.—The conferees recommend that 5 percent of 

COPS funds be provided directly to tribal judicial systems to assist 

Tribal Courts with the caseload associated with increased arrests 

as a result of more stringent tribal law enforcement. 

Methamphetamine Enforcement and Clean-Up.—The conference agreement includes $52,556,000 for State and local law enforcement programs to combat methamphetamine production and 

distribution, to target drug ‘‘hot spots,’’ and to remove and dispose 

of hazardous materials at clandestine methamphetamine labs. 

Within the amount provided, the conference agreement in- cludes $20,000,000 to reimburse the Drug Enforcement Administration (DEA) for assistance to State and local law enforcement for 

proper removal and disposal of hazardous materials at clandestine 

methamphetamine labs. 

In addition, within the amount provided, the conferees expect 

the COPS Program Office, in consultation with DEA, to examine 

each of the following proposals, to provide grants if warranted, and 

to submit a report to the Committees on Appropriations on its intentions for each proposal: $2,000,000 for a Washington State law enforcement methamphetamine initiative; $2,000,000 for the Methamphetamine Task Force in East 

Tennessee, to fight the spread of meth labs in this region; 

$250,000 for the Indiana State Police meth enforcement 

team; 

$300,000 for the Clackamas County, OR, Methamphetamine Initiative: Community Prosecution; 

$1,000,000 for the Minot State University Rural Methamphetamine Education Demonstration Project in North Dakota; 

$300,000 for the COPS Methamphetamine Drug Hot Spots 

Program in AR; 

$600,000 for the Marion County, OR, Methamphetamine 

Forensic Lab Enhancement; 

$6,000,000 for the Comprehensive Methamphetamine Response in HI; 

$1,500,000 for the Methamphetamine Clandestine Lab 

Task Force in IA; 

$600,000 for the Virginia State Police, of which $175,000 

shall be for the Northwest Virginia Regional Drug Task Force, 

and $175,000 shall be for the Harrisonburg Drug Task Force 

to assist their efforts in combating methamphetamine; 

753 

$2,000,000 for the Partnership for a Drug Free America to 

provide technical assistance to State and local law enforcement 

to address meth; 

$160,000 for Winston and Fayette Counties, AL, for a 

meth initiative; 

$1,500,000 for the California Department of Justice, Bureau of Narcotics Enforcement, for the California Methamphetamine Strategy (CALMS); 

$250,000 for the Mineral Area Drug Task Force; 

$100,000 for the South Central Missouri Drug Task Force; 

$200,000 for the Southeast Missouri Drug Task Force; 

$100,000 for the Bradford County, PA, Sheriff’s Department for a meth initiative; 

$250,000 for the Commerce City, CO, Police Department 

for meth initiatives; 

$250,000 for the Franklin County, MO, Sheriff’s Department for Operation CHEM; 

$250,000 for the Regional Training Center in Sioux City, 

IA; 

$250,000 for the Iowa Office of Drug Control Policy for 

meth initiatives; 

$250,000 for the Daviess County, KY, Sheriff’s Department 

to combat production and distribution of methamphetamine; 

$250,000 for the Oklahoma Bureau of Narcotics and Dangerous Drug Control Clandestine Laboratory Enforcement Program; 

$250,000 for the Nebraska State Patrol to combat the production and distribution of methamphetamine; 

$250,000 for Polk County, FL, Sheriff’s Department to 

combat the production and distribution of methamphetamine; 

$250,000 for the Oregon Partnership meth prevention program; 

$350,000 for the Pennyrile Narcotics Task Force in KY; 

$300,000 for the Lincoln County, OR, Methamphetamine 

Intervention and Enforcement; 

$200,000 for the St. Matthews, SC, Police Dept Methamphetamine Initiative; 

$100,000 for the Merced County, CA, ‘‘Meth is Death’’ 

Project; 

$50,000 for the Lauderdale County, AL, Sheriff’s Office 

Meth Initiative; 

$50,000 for the Colbert County, AL, Sheriff’s Office Meth 

Initiative; 

$100,000 for the Guam Methamphetamine Initiative; 

$100,000 for the Miami Tribe’s Meth Hot Spots program; 

$250,000 for the Pulaski County, IL, Sheriff Department 

Meth Initiative; 

$310,000 for the Fresno County, CA, District Attorney 

Methamphetamine Initiative; 

$500,000 for the TN 13th Judicial District/Surrounding 

Counties Methamphetamine Task Force; 

$100,000 for the Woodland, CA, Methamphetamine Enforcement; 

754 

$100,000 for the Combined Ozarks Multi-Jurisdictional 

Enforcement Team [COMET] in MO; 

$750,000 for the Five County Northern UT Methamphetamine Project; 

$125,000 for Jackson County Methamphetamine Clean-Up 

in MS; 

$250,000 for the Jackson County Mississippi Sheriff’s Department—Narcotics Task Force/Technology; 

$100,000 for Jefferson County, Colorado, Methamphetamine Interdiction & Response; 

$300,000 for the Kansas Methamphetamine Prevention 

Project; 

$400,000 for the Maricopa County Arizona Meth Funding; 

$250,000 for the Methamphetamine Addiction in MT; 

$1,000,000 for the Mississippi Bureau of Narcotics—Methamphetamine Enforcement; 

$1,000,000 for the MoSmart Board, MO; 

$125,000 for the North Carolina Attorney General Office 

Meth Program; 

$250,000 for the North Carolina U.S. District Attorneys 

Meth; 

$200,000 for the State of Minnesota’s Methamphetamine 

Hot Spots Initiative; 

$250,000 for the Statewide Drug Enforcement and Lab 

Equipment in NE; 

$26,000 for the Wright County Drug Mobile Command; 

$500,000 for the Methamphetamine Montana Initiative; 

$300,000 for the Anhydrous Ammonia Nurse Tank Locks 

in IA; 

$1,000,000 for the Wisconsin I Methamphetamine Law Enforcement Initiative; 

$300,000 for the Louisiana Methamphetamine Task Force; 

$1,750,000 for the Vermont Drug Task Force; and 

$60,000 for the Coos and Curry Co. METH Reduction, OR; 

COPS Interoperable Communications Technology Program.— 

The conference agreement provides $100,000,000 to continue the 

COPS Interoperable Communications Technology Program being 

designed and implemented by the COPS Office, in consultation 

with NIJ’s OS&T as well as the Bureau of Justice Assistance. The 

conferees commend the COPS Office for its coordination with other 

Federal agencies who deal with public safety interoperability. The 

conferees believe coordination of Federal efforts is critical to ensure 

our Nation’s safety and a necessity if we are not to fall victim to 

the pitfalls of the past. 

The conferees strongly support the need for minimum standards for law enforcement communications technology. Therefore, 

OS&T should continue to assist COPS in incorporating existing 

minimum standards into the formulation of this grant program. 

Within the amount provided, $5,000,000 shall be transferred to the 

National Institute of Standards and Technology (NIST) to continue 

the efforts of the Office of Law Enforcement Standards (OLES) regarding the development of a comprehensive suite of minimum 

standards for law enforcement communications. 

755 

The conferees commend the Institute for Telecommunication 

Sciences (ITS) in Boulder, Colorado, for all their efforts and contributions to the public safety communications statement of requirements. Their contributions were critical in addressing the 

many issues plaguing public safety organizations for decades. 

Interoperable Standards.—Over a decade ago, APCO Project 25 

was established through a joint effort of Public Safety First Responders, U.S. Industry, and elements of the Federal Government 

to provide the public safety community with interoperable, spectrally-efficient, economically-priced, digital radios capable of providing a variety of operationally required functions and features, 

including backward compatibility with existing analog land mobile 

radios. 

The Project 25 suite of standards, being developed with the 

technical assistance of the Telecommunications Industry Association (TIA) Standards Committee TR–8, is intended to satisfy defined user needs, allow multiple vendors to manufacture some or 

all components of the Project 25 system at their discretion, and ensure that components produced by many sources will be interoperable. 

The timely completion of the Project 25 standards for all of the 

relevant communications systems equipment is essential to the 

public safety community. The conferees are concerned that the 

functional standards that specify key Project 25 system interfaces 

(such as the Inter-RF Subsystem Interface (ISSI), the Console 

Interface, and the Fixed Station Interface) have not been developed 

or approved, nor have the standards that define how the interfaces 

should be tested and evaluated. 

The conferees encourage the OLES to work with CommTech 

within the National Institute of Justice and the Wireless Public 

SAFEty Interoperability COMmunications (SAFECOM) Program 

within the Department of Homeland Security, to consider the 

issuance of interim standards that can be used to specify the required functionality and testing validation characteristics. 

Law Enforcement Technology Program.—The conference agreement includes $138,615,000 for the COPS Law Enforcement Technology Program. The conference agreement adopts by reference the 

House report language concerning standards. 

Within the overall amounts recommended, the conferees expect 

the COPS office to examine each of the following proposals, to provide grants if warranted, and to submit a report to the Committees 

on Appropriations on its intentions for each proposal: 

$750,000 for the City of Lubbock, TX, Police Department 

for law enforcement technologies; 

$1,125,000 for the State of New Mexico State Police; 

$1,500,000 for the Midwest Forensics Resource Center, IA; 

$500,000 for the Arkansas State Police for law enforcement technologies; 

$500,000 for the City of Stamford, CT, for law enforcement 

technologies; 

$750,000 for continued participation of Idaho in the Criminal Information Sharing Alliance; 

756 

$750,000 for law enforcement technologies, to be split 

evenly between the City of Tucson, AZ Police Department and 

the Pima County, AZ Police Department; $250,000 for law enforcement technologies for sheriff’s offices in Cochise County, AZ; $2,000,000 for the City of Asheville, NC, Police Department for law enforcement technologies; $100,000 for the New Orleans Metropolitan Crime Commission; 

$70,000 for the Leesburg, VA, Police Department for law 

enforcement technologies; $2,100,000 for the Integrated Criminal Justice Information 

System for the State of Virginia; $1,500,000 for a statewide records management system for 

Virginia law enforcement; $15,000 for the Berryville, VA, Police Department for incar cameras; 

$75,000 for the City of Manassas, VA, Police Department 

for law enforcement technologies; $40,000 for Guin, AL, Police Department for law enforcement technologies; $20,000 for the Southside, AL, Police Department for law 

enforcement technologies; $20,000 for the Boaz, AL, Police Department for law enforcement technologies; $80,000 for the Morgan County, AL, Sheriff’s Department 

for law enforcement technologies; $1,000,000 for the Simulated Prison Environment Crisis 

Aversion Tools for programs in Alabama, North Carolina, and 

Pennsylvania; $2,000,000 for law enforcement technology enhancements 

for Middle Rio Grande Border Region of Texas; $500,000 for the Florida Department of Corrections for a 

system to electronically monitor criminal probationers and link 

their location to crime events; 

$775,000 for the City of Houston, TX, Police Department 

for law enforcement technologies; 

$500,000 for San Diego County, CA, Sheriff’s Department 

for automation infrastructure upgrades; 

$500,000 for I–SAFE America; 

$500,000 for the City of Roseville, CA, Police Department 

for law enforcement technologies; 

$500,000 for the Placer County, CA, Sheriff’s Department 

for law enforcement technologies; 

$1,000,000 for the Morris County, NJ, Police Department 

for law enforcement technologies; 

$300,000 for the Sussex County, NJ, Police Department for 

law enforcement technologies; 

$300,000 for the Somerset County, NJ, Police Department 

for law enforcement technologies; 

$300,000 for the West Essex Port of Essex County, NJ, Police Department for law enforcement technologies; 

$405,000 for Southside Virginia law enforcement agencies 

for law enforcement technologies; 

757 

$3,000,000 for the Center for Criminal Justice Technology; 

$350,000 for the City of Moultrie, GA, Police Department 

for law enforcement technologies; 

$1,500,000 for the Oakland County, MI, Sheriff’s Department for an Identification Based Information System (IBIS) including portable hand-held digital fingerprint and photo devices for patrol cars; 

$500,000 for the Morgan County, IL, Police Department 

for law enforcement technologies; 

$350,000 for the City of Beardstown, IL, Police Department for law enforcement technologies; 

$150,000 for the City of Peoria, IL, Police Department for 

law enforcement technologies; 

$500,000 for the Iowa State University for a cyber-crime 

program; 

$750,000 for the East Valley Community Justice Center; 

$500,000 for San Bernardino, CA, Police Department for 

law enforcement technologies; 

$500,000 for the Redlands, CA, Police Department for a 

crime mapping project; 

$250,000 for the development of an electronic crime report 

filing system for San Bernardino County, CA; 

$750,000 for the Louisville, KY, Metro Police Department 

for mobile data terminals; 

$15,000 for the West Buechel, KY, Police Department for 

in-car computers and cameras; 

$70,000 for the Lynnview, KY, Police Department for law 

enforcement equipment; 

$1,000,000 for the Onondaga County, NY, Sheriff’s Office 

for crime fighting technologies; 

$400,000 for the Syracuse, NY, Police Department for law 

enforcement technologies; 

$250,000 for the Lee County, MS, Sheriff’s Department for 

law enforcement technologies; 

$500,000 for the City of Largo, FL, for the Law Enforcement Accessing Data (LEAD) project; 

$500,000 for the Pinellas County, FL, Sheriff’s Department 

for a consolidated law enforcement records management system; 

$1,250,000 for the City of La Verne, CA, Police Department for law enforcement technologies; 

$750,000 for the Los Angeles County, CA, Sheriff’s Department for law enforcement technologies; 

$500,000 for the Criminal Justice Information System in 

Mecklenburg County, NC; 

$250,000 for the Dallas, TX, Police Department for law enforcement technologies; 

$1,000,000 for law enforcement technologies for the Genesee/Finger Lakes region; 

$580,000 for Jasper County, MO, Sheriff’s Department for 

law enforcement technologies; 

$20,000 for the City of Ozark, MO, Police Department for 

law enforcement technologies; 

758 

$1,000,000 for Greater Harris County, TX, for in-car police 

technologies; 

$150,000 for the Batavia, IL, Police Department for law 

enforcement technologies; 

$1,000,000 for the Kendall County, IL, Sheriff’s Office for 

law enforcement technologies; 

$300,000 for the Village of East Dundee, IL, Police Department for law enforcement technologies; 

$250,000 for the DuPage County, IL, Sheriff’s Office for 

law enforcement technologies; 

$250,000 for the City of Bastrop, LA, Police Department 

for law enforcement technologies; 

$250,000 for the Tuscaloosa County, AL, Sheriff’s Department for law enforcement technologies; 

$250,000 for the Shelby County, AL, Sheriff’s Department 

for law enforcement technologies; 

$250,000 for Aurora, CO, for law enforcement technologies; 

$250,000 for the City of Clearwater, FL, Police Department for law enforcement technologies; 

$250,000 for the City of Mobile, AL, Police Department for 

mobile data terminals; 

$250,000 for the Riverside County, CA, Sheriff’s Department for law enforcement technologies; 

$250,000 for the Pasco County, FL, Sheriff’s Office for incar cameras; 

$100,000 for the Alexander County, NC, Sheriff’s Office for 

law enforcement technologies; 

$250,000 for the City of Corona, CA, Police Department for 

law enforcement equipment; 

$110,000 for the Page County, VA, Sheriff’s Office for law 

enforcement technologies; 

$60,000 for the Rappahannock County, VA, Sheriff’s Office 

for law enforcement technologies; 

$60,000 for the Orange County, VA, Sheriff’s Office for law 

enforcement technologies; 

$60,000 for the Goochland County, VA, Sheriff’s Office of 

law enforcement technologies; 

$250,000 for the Delaware Courts Organized to Serve program; 

$250,000 for the Cincinnati, OH, Police Department for a 

records management system; 

$250,000 for the Orange County, CA, Integrated Law and 

Justice System; 

$50,000 for the Prince William County, VA, Police Department for law enforcement technologies; 

$950,000 for the Fairfax County, VA, Police Department 

for law enforcement technologies; 

$50,000 for the Fairfax County, VA, Regional Intelligence 

Center for law enforcement technologies; 

$50,000 for the Fairfax City, VA, Police Department for 

law enforcement technologies; 

$250,000 for the Rappahannock, VA, Regional Jail for the 

criminal information exchange efforts; 

759 

$250,000 for the Blount County, TN, Sheriff’s Department 

for law enforcement technologies; 

$250,000 for the University of Central Florida and the 

Florida Law Enforcement Consortium to enhance information 

sharing among law enforcement in Florida; 

$100,000 for the Chesterfield County, VA, Police Department for law enforcement technologies; 

$25,000 for the Dinwiddie County, VA, Sheriff’s Office for 

law enforcement technologies; 

$25,000 for the Isle Wight County, VA, Sheriff’s Office for 

law enforcement technologies; 

$25,000 for the Southampton, VA, Sheriff’s Office for law 

enforcement technologies; 

$100,000 for the City of Chesapeake, VA, Police Department for laptop computers; 

$75,000 for the City of Suffolk, VA, Police Department for 

law enforcement technologies; 

$150,000 for the Cobb County, GA, Sheriff’s Department 

for the multi-level law enforcement technology project; 

$80,000 for the City of Lynchburg, VA, Police Department 

for in-car cameras; 

$80,000 for the City of Harrisonburg and Rockingham 

County, VA, consolidated law enforcement network; 

$190,000 for the Amherst County, VA, for law enforcement 

technologies; 

$245,000 for the Bristol Township, PA, Police Department 

for law enforcement technologies; 

$250,000 for Sarasota County, FL, for law enforcement 

technologies; 

$250,000 for Manatee County, FL, for law enforcement 

technologies; 

$250,000 for New Castle, PA, for law enforcement technologies; 

$100,000 for the Anson County, NC, Sheriff’s Department 

for mobile data terminals; 

$200,000 for the Illinois State Police to develop an 

encryption system for criminal justice information; 

$100,000 for the Ashtabula City, OH, Police Department 

for a computer aided dispatch system; 

$1,300,000 for technology enhancements for law enforcement agencies in Northern Illinois; 

$250,000 for the Counties of Mid-Carolina Council of Government for law enforcement activities; 

$250,000 for the Putnam County, FL, Sheriff’s Office for 

law enforcement technologies; 

$100,000 for the Macomb County, MI, Sheriff’s Office for 

law enforcement technologies; 

$50,000 for the Shelby Township, MI, Police Department 

for law enforcement technologies; 

$250,000 for the Sacramento County, CA, Sheriff’s Department for an identification based information system; 

$112,000 for the City of Muncie, IN, for a crime scene 

analysis project; 

760 

$250,000 for the York City, PA, Police Department for 

equipment to improve information sharing and purchase in-car 

digital video technology; 

$1,000,000 for the National Sheriff’s Association Pegasus 

program; 

$1,000,000 for the Navajo Nation, AZ, for law enforcement 

technologies and crime prevention programs; 

$500,000 for the City of Key West, FL, Police Department 

for law enforcement technologies; 

$125,000 for the City of Bayamon, PR, for law enforcement 

technologies and crime prevention programs; 

$125,000 for the City of Guaynabo, PR, for law enforcement technologies and crime prevention programs; 

$20,000 for the City of Warren, AR, Police Department for 

law enforcement technologies; 

$150,000 for the Virginia Beach, VA, Police Department 

for law enforcement technologies; 

$100,000 for the Hampton, VA, Police Department for law 

enforcement technologies; 

$50,000 for the Accomack County, VA, Sheriff’s Office for 

law enforcement technologies; 

$50,000 for the Northampton County, VA, Sheriff’s Office 

for law enforcement technologies; 

$250,000 for the Borough of Chambersburg, PA, Police Department for law enforcement technologies; 

$200,000 for the Manchester Township, NJ, Police Department for law enforcement technologies; 

$300,000 for the Kern County, CA, Sheriff’s Department 

for law enforcement technologies; 

$70,000 for the San Luis Obispo County, CA, Sheriff’s Department for law enforcement technologies; 

$250,000 for the Kalamazoo County, MI, Justice Integrated Management System; 

$250,000 for the Bernalillo County, NM, Sheriff’s Department for law enforcement technologies; 

$1,000,000 for the Worcester Polytechnic Institute, MA; 

$500,000 for a Violent Crime Scene Response Unit in Arizona; 

$500,000 for Technology to Combat Crime and Terrorism 

in Phoenix; 

$1,000,000 for the WV High Technology Consortium Foundation; 

$500,000 for the Detroit WSU for police initiatives; 

$500,000 for NEMESIS—Sharable Law Enforcement CAD 

and OMS/JMS; 

$1,000,000 for the Missouri Criminal Justice Integration 

Project; 

$500,000 for the Huntsville, AL, Police Department Technology and Equipment upgrades; 

$500,000 for the Madison County, AL, Sheriff’s Dept. Technology and Equipment upgrades; 

$100,000 for the Morgan County, AL, Sheriff’s Dept. Technology and Equipment Upgrades; 

761 

$500,000 for the San Mateo County, CA, Sheriff’s Office for 

law enforcement technologies; $300,000 for Modesto, CA, for law enforcement technologies; $100,000 for Lakewood, NJ, for law enforcement technologies; $100,000 for Oakland, CA, for law enforcement technologies; $100,000 for Solano County, CA, for law enforcement technologies; $250,000 for the Montebello, CA, Police Department for 

law enforcement technologies; $250,000 for Pomona, CA, for law enforcement technologies; $188,000 for the Garden Grove, CA, Police Department for 

a digital camera system; $100,000 for Inglewood, CA, for law enforcement technologies; $200,000 for Fontana, CA, for law enforcement technologies; $100,000 for Colton, CA, for a police communications 

project; $300,000 for Rosemead, CA, for law enforcement technologies; $125,000 for Covina, CA, for law enforcement technologies; 

$100,000 for West Covina, CA, for law enforcement technologies; $1,000,000 for the San Francisco, CA, Police Department 

for a records management system; $500,000 for Santa Monica, CA, for law enforcement technologies; $150,000 for Whittier, CA, for a school resource officers 

program; $200,000 for the Lakewood, CA, Sheriff’s Department, for 

technology improvements; 

$50,000 for the Fullerton, CA, Police Department, for law 

enforcement technologies; 

$200,000 for Salinas, CA, for the Mobile Automated Fingerprint and Facial Recognition System; 

$200,000 for the Santa Ana, CA, Police Department for 

law enforcement technologies; 

$500,000 for the Connecticut Department of Safety for law 

enforcement technologies; 

$500,000 for the Connecticut State Police for law enforcement technologies; 

$100,000 for Baker County, GA, for law enforcement technologies; 

$45,000 for Shellman, GA, for law enforcement technologies and equipment; 

$100,000 for Atlanta, GA, for law enforcement technologies; 

$50,000 for the Illinois State Police Academy; 

$100,000 for the State of Illinois for law communications 

technologies; 

762 

$450,000 for the South Suburban Mayors and Managers 

Association, IL, for law enforcement technologies; 

$150,000 for the Village of Niles, IL, for law enforcement 

technologies; 

$300,000 for Southcom law enforcement technologies in Illinois; 

$145,000 for the Jasper County, IN, Sheriff’s Office for law 

enforcement technologies; 

$200,000 for the Portage, IN, Police Department for law 

enforcement technologies; 

$25,000 for the Porter, IN, Police Department for technology upgrades; 

$500,000 for the Gary, IN, Police Department for law enforcement technologies; 

$250,000 for the Franklin County, KY, for law enforcement 

equipment; 

$250,000 for Madison County, KY, for law enforcement 

technologies; 

$375,000 for North Worcester County, MA, for law enforcement technologies; 

$600,000 for Seekonk, MA, for law enforcement technologies; 

$165,000 for the Middlesex County, MA, Sheriff’s Office for 

offender tracking technologies; 

$150,000 for Howard County, MD, for law enforcement 

technologies; 

$100,000 for Takoma Park, MD, for law enforcement technology improvements; 

$400,000 for the Prince George’s County, MD, Police Department for law enforcement technologies; 

$500,000 for the Maine Bureau of Warden Service for law 

enforcement technologies; 

$200,000 for the Michigan State Police Criminal Justice 

Information Network; 

$80,000 for the Chippewa County, MI, Sheriff’s Office for 

law enforcement technologies; 

$50,000 for Alger County, MI, for law enforcement technologies; 

$1,000,000 for the Hennepin County, MN, Sheriff’s Department for law enforcement technologies; 

$200,000 for Durham, NC, for law enforcement technologies; 

$100,000 for the Charlotte, NC, Sheriff’s Office for law enforcement technologies; 

$150,000 for Orange County, NC, for law enforcement 

technologies; 

$150,000 for the Morrisville, NC, Police Department for 

law enforcement technologies; 

$500,000 for the Bismarck, ND, Memorial Police and 

Training Complex; 

$500,000 for Fargo, ND, for law enforcement technologies; 

$100,000 for Jamesburg, NJ, for law enforcement technologies; 

763 

$100,000 for the Newark, NJ, Police Department for law 

enforcement technologies; $1,000,000 for Jersey City, NJ, for SP law enforcement enhancements; 

$1,100,000 for Hudson County, NJ, for law enforcement 

technologies; $125,000 for the New Mexico Department of Public Safety 

for law enforcement technologies; $100,000 for the Suffolk County, NY, Police Department 

for law enforcement technologies; $310,000 for Rochester, NY, for law enforcement technologies; $225,000 for the New York City Haber Houses for law enforcement technologies; $500,000 for Westchester and Rockland County, NY, for 

law enforcement communications; 

$200,000 for Brookhaven, NY, for law enforcement technologies; $200,000 for White Plains, NY, for law enforcement technologies; $140,000 for Westchester County, NY, for law enforcement 

technologies; $75,000 for Niagara, NY, for law enforcement technologies; 

$150,000 for Poughkeepsie, NY for law enforcement technologies; $250,000 for the Ulster County, NY, Sheriff’s Department 

for law enforcement technologies; $500,000 for Thompkins County, NY for law enforcement 

technologies; $500,000 for Lucas County, OH, for law enforcement technologies; $100,000 for Canby, OR, for law enforcement technologies; 

$150,000 for Coos County, OR, for law enforcement technologies; 

$300,000 for Woodburn, OR, for police technology improvements; 

$200,000 for Clatsop County, OR, for law enforcement 

technologies; 

$500,000 for the State of Pennsylvania for prison technology upgrades; 

$1,000,000 for the State of Pennsylvania for law enforcement technologies; 

$500,000 for Philadelphia, PA, for law enforcement technologies; 

$250,000 for the Tiverton, RI, Police Department for law 

enforcement technologies; 

$350,000 for the Central Falls, RI, Police Department for 

law enforcement technologies; 

$200,000 for the Providence, RI, Police Department for law 

enforcement technologies; 

$400,000 for the Bamberg County, SC, Sheriff’s Department for law enforcement technologies; 

$200,000 for Manning, SC, for law enforcement technologies; 

764 

$500,000 for Florence, SC, for law enforcement technologies; $250,000 for the El Paso, TX, Police Department for law 

enforcement technologies; $250,000 for El Paso, TX, for law enforcement technologies; $100,000 for Dallas, TX, for law enforcement technologies; 

$500,000 Waco Police Dept., TX, law enforcement technologies; $500,000 for the Waco, TX, Police Department for law enforcement communications; 

$500,000 for the Salt Lake City, UT, Department of Public 

Safety for law enforcement technologies; $250,000 for the Sandy City, UT, Police Department for 

law enforcement technologies; $400,000 for the Alexandria, VA, Police Department for 

law enforcement technologies; $500,000 for the Snohomish County, WA, Sheriff’s Office 

for law enforcement technologies; $500,000 for the Kitsap County, WA, Sheriff’s Department 

for law enforcement technologies; $200,000 for the Marathon County, WI, Sheriff’s Department for law enforcement technologies; $200,000 for the Douglas County, WI, Sheriff’s Department 

for law enforcement technologies; $300,000 for the Sun Prairie, WI, Police Department for 

law enforcement technologies; $250,000 for Andover, KS, police technology equipment; 

$100,000 for the Borough of Waynesboro, Franklin County, 

PA; 

$600,000 for the City of Radcliff Law Enforcement Equipment, KY; 

$300,000 for the City of Reading, PA, Integrated Geographic Information System; 

$150,000 for the City of St. Joseph and Heartland Health 

Law Enforcement Communication System, MO; 

$150,000 for the Clarion County, PA, Geographic Information System; 

$1,000,000 for the continuation of digital radio conversion, 

NH; 

$400,000 for the Corpus Christi Radio Communications 

and Security Equipment, TX; 

$150,000 for the Derry Township, PA, Police Department; 

$150,000 for the Dona Ana County, NM, Command Post 

Vehicle; 

$300,000 for the ECU Center for Excellence—Criminal 

Justice, OK; 

$300,000 for El Paso, TX, Interoperability; 

$100,000 for the enforcement of crime identification assistance for the City of Kodiak, AK; 

$300,000 for the Extend Radio System, WY; 

$200,000 for the Hopkinsville-Christian County—Pennyrile 

Narcotics Task Force Partnership Equipment, KY; 

$100,000 for In-Car Video Deployment, City of Martin, TN; 

765 

$100,000 for Interagency Communications in GA; 

$200,000 for the Internet Scale Event and Attack Generation Environment at ISU; 

$400,000 for the Iowa State Patrol TraCS software and 

computer upgrade; 

$400,000 for the Jefferson County Commission, AL, for 

video conferencing equipment for the Jefferson County Criminal Justice Center; 

$100,000 for the Jefferson County, CO, COPLINK; 

$1,000,000 for the Johnson County, KS, Sheriff’s Office; 

$125,000 for the Kansas Attorney General, for equipment; 

$125,000 for the Kansas Bureau of Investigation mobile 

data terminals; 

$600,000 for the Keene State College/UNH public safety 

management system; 

$2,500,000 for the Land Mobile Radio migration for a 

multi-agency communications network in AK; 

$1,000,000 for the Land Mobile Radio site infrastructure 

equipment and portable radios for the Kenai Peninsula Borough, AK; 

$1,500,000 for the Land Mobile Radio/Public Safety Communications for Anchorage Infrastructure, AK; 

$240,000 for Las Cruces, NM, Communications Infrastructure; 

$100,000 for the Police Department Command Center in 

Billings, MT; 

$100,000 for the Police Department Indoor Firearms 

Range in Billings, MT; 

$200,000 for the Las Vegas, NV, Identity Theft Center; 

$100,000 for the Greenville County, SC, communications 

system; 

$300,000 for the Huntsville, Alabama Police Department 

equipment upgrades; 

$1,500,000 for the Matanuska Susitna Borough Emergency 

Response Radio Network, AK; 

$160,000 for the Mayfield, KY, Police Department for 

equipment; 

$1,000,000 for the mobile computers for Wasilla, AK, for 

police squad cars; 

$350,000 for the Montana Supreme Court Video Conferencing; 

$150,000 for the Newport, RI, Area Interoperable Surveillance Network Upgrade; 

$750,000 for the Records Interoperability through CATlab 

in NH; 

$1,500,000 for the Regional Law Enforcement Communications System, City of Memphis and Shelby County; 

$300,000 for the Rural Utah Law Enforcement Tech Program; 

$100,000 for the Simpson County improvement to technology center, KY; 

$1,000,000 for the Southaven Police Department for radios/equipment in MS; 

766 

$250,000 for the Statewide Computer Aided Dispatch 

[CAD] System, NE, State Patrol; 

$2,000,000 for the statewide implementation of public safety technology through the University of New Hampshire; 

$265,000 for the Training Academy Driver Simulator for 

the State of Alaska; 

$2,000,000 for the Training Village Public Safety Officer in 

the State of Alaska; 

$300,000 for the CrimeTracks Georgia; 

$250,000 for Voice Viewer Technologies and Law Enforcement in WY; 

$100,000 for the Western Forensic Science and Law Enforcement Training Center in CO; 

$500,000 for the Yazoo City, MS, Police Department; 

$300,000 for the Delaware State Police for the Automatic 

Fingerprint Identification System; 

$200,000 for the New Castle County, DE, Police Department, for an upgraded records management system; 

$500,000 for the Interagency Communications Interoperability System [ICIS] in CA; 

$500,000 for the Solano County, CA, Radio Interoperability 

Project; 

$350,000 for the Snohomish County, WA, Sheriff Palm 

AFIS System; 

$60,000 for the Westchester County, NY, Police Department Interagency Radio Interconnect; 

$500,000 for the Town of North Hempstead, NY, Police Department Communication Management System; 

$1,000,000 for the Camden County, NJ, Law Enforcement 

Technology; 

$500,000 for the Hudson County, NJ, Law Enforcement 

Technology; 

$450,000 for the North East Minnesota Enforcement and 

Safety Information System [NEMESIS]; 

$1,000,000 for the Fargo, ND, Interoperable Communications System; 

$400,000 for the Bismarck ND, Memorial Training Complex; 

$100,000 for technology upgrades for the Williamson County, IL, Sheriff’s Department; 

$3,000,000 for the South Carolina Judicial Department 

Case Docket System; 

$4,000,000 for the Southeast National Law Enforcement 

Technology Center for the Backscatter and high-energy technology transmission x-ray technology; 

$100,000 for Arlington County, VA, for the Sheriff’s Office 

for a pilot program to test a geo-location network; 

$400,000 for the Burlington, VT, Police Technology Grant; 

$100,000 for the Middlebury, VT, Police Technology Grant; 

$100,000 for the Bellows Falls, VT, Police Technology 

Grant; 

$325,000 for the Oglala Sioux Tribe, South Dakota for 

technology and equipment; 

767 

$750,000 for the Massachusetts Law Enforcement Technology and Training Support Center; 

$100,000 for the Essex County, MA, law enforcement technology; 

$500,000 for the Milwaukee Police Department Mobile 

Two-Finger ID System, WI; 

$90,000 for the Town of Brookfield Police Department 

Technology Upgrades, WI; 

$100,000 for the City of Elizabeth, NJ, Law Enforcement 

Communication Interoperability Enhancement; 

$300,000 for the St. Clair County, MI, Sheriff’s Department Communications towers and equipment upgrades; 

$200,000 for the Downriver Mutual Aid communications 

equipment, MI; 

$750,000 for the Arkansas State Police Automated Fingerprint Identification System; 

$1,400,000 for the Montgomery County, MD, Police Department for National Capital Region Criminal Identification 

System Update; 

$400,000 for the Wireless High Speed Network for Prince 

George’s County, MD; 

$700,000 for the City of Rockville, MD, COPS Technology 

Grant; 

$1,000,000 for the Pierce County, WA, Police Rapid Mobile 

Response Network; 

$500,000 for Miami-Dade County, FL, Law Enforcement 

Technology Enhancements; 

$250,000 for the Alachua County/City of Gainesville, FL, 

Enforcement Communications Upgrade; 

$150,000 for Providence, RI, Police Department Technology; 

$150,000 for the Smithfield, RI, Police Department Emergency Management Operation Center; 

$1,500,000 for the Las Vegas, NV, Metropolitan Police Department Communications System; 

$155,000 for the Churchill County, NV, Sheriff’s Office 

Interoperability Communication Project; and 

$200,000 for the Boulder City, NV, Wireless Communications Canopy; 

Crime Identification Technology Act.—The conference agreement includes $28,450,000 for the Crime Identification Technology 

Act program. Within the overall amounts recommended, the conferees expect OJP to examine each of the following proposals, to 

provide grants if warranted, and to submit a report to the Committees on Appropriations on its intentions for each proposal: 

$2,000,000 for the Harrison County Public Safety Automated Systems in MS; 

$200,000 for the City of St. Paul/Ramsey County co-location of public safety equipment in MN; 

$325,000 for North Carolina Supreme Court Security; 

$200,000 for the MAGIC Pegasus Project for the Jefferson 

County Sheriff in AL; 

$600,000 for Case and Document Management in MT; 

768 

$150,000 for the Marion County, MS, Sheriff’s Department 

for equipment; $250,000 for the Pascagoula, MS, Police Department for 

equipment; $1,000,000 for the Alaska Court System Information Network; 

$4,000,000 for the Marshall University Forensic Science 

DNA Lab in WV; 

$4,000,000 for the West Virginia University Forensic 

Science Initiative; 

$525,000 for Marshall University Computer Forensics in 

WV; 

$1,000,000 for the Forensic DNA Analysis Lab at North 

Dakota University; $11,050,000 for the South Carolina Judicial Department 

case document system; $1,000,000 for the Honolulu PD Crime Lab in HI; 

$500,000 for the Fox Valley Technical College [FVTC] 

DNA Training Initiative in WI; $1,000,000 for equipment and planning for the Vermont 

Forensics Laboratory; and $400,000 for the Vermont Incident Based Reporting System. 

DNA Initiative.—The conference agreement includes $110,000,000 for a DNA analysis and capacity enhancement program including eliminating casework backlogs, eliminating offender 

backlogs, strengthening crime lab capacity, training of the criminal 

justice community and identifying missing persons. OJP shall submit a financial plan for this program within 60 days of enactment 

of this Act. In addition, the conference agreement provides 

$15,000,000 for Paul Coverdell Forensic Sciences Improvement 

grants. 

Safe Schools Initiative.—The conference agreement includes $4,325,000 for programs aimed at preventing violence in public 

schools, and to support the assignment of officers to work in collaboration with schools and community-based organizations to address the threat of terrorism, crime, disorder, gangs, and drug activities. 

Within the amount provided, the COPS Office should examine 

each of the following proposals, provide grants if warranted, and 

submit a report to the Committees on Appropriations on its intentions for each proposal: 

$750,000 for the Alaska Community in Schools Mentoring 

Program; 

$300,000 for the Granite School District Anti-Violence 

Project in UT; 

$125,000 for the HOPE for Henderson Juvenile Justice in 

KY; 

$200,000 for the Martin Luther King, Jr. Center for NonViolence in PA; 

$500,000 for School-Based Violence Prevention and Mentoring in IL; 

$1,200,000 for the Schools and Communities Coming Together in MT; and 

769 

$1,250,000 for the Youth Advocates Programs in SC. 

JUVENILE JUSTICE PROGRAMS

The conference agreement includes $384,177,000 for Juvenile 

Justice programs, instead of $349,000,000 as proposed by the 

House and $360,000,000 as proposed by the Senate. The conference 

agreement provides for the following programs: 

[In thousands of dollars] 

Program Amount 

Part A—Coordination of Federal Efforts ............................................. $3,000 

Part B—State Formula ......................................................................... 84,000 

Part D—Research and Development .................................................... 10,000 

Part E—Demonstration Projects .......................................................... 102,177 

Juvenile Mentoring Program ................................................................ 15,000 

Big Brothers/Big Sisters ................................................................ (7,000) 

Title V—Incentive Grants ..................................................................... 80,000 

Tribal Youth .................................................................................... (10,000) 

Gang Prevention ............................................................................. (25,000) 

Enforcing Underage Drinking Laws Program ............................. (25,000) 

Secure Our Schools Act ......................................................................... 15,000 

Victims of Child Abuse Programs ........................................................ 15,000 

Juvenile Accountability Block Grant ................................................... 55,000 

Project Childsafe .................................................................................... 5,000 

Total ............................................................................................. 384,177 

Concentration of Federal Efforts.—The conferees commend the 

Office of Juvenile Justice and Delinquency Prevention (OJJDP) for 

its leadership of the Coordinating Council on Juvenile Justice and 

Delinquency. The conferees understand that there has been an increase in interest and membership which has allowed the Council 

to more effectively examine and address the Federal, State and 

local response to juvenile justice issues. The conferees strongly support the Council’s efforts in addressing truancy, children’s mental 

health issues, and adolescent substance abuse issues, as well as 

their role on the White House Task Force for disadvantaged youth. 

Discretionary Grants.—The conference agreement includes 

$102,177,000 for part E programs. Within the amounts provided, 

OJP is expected to review the following proposals, provide grants 

if warranted, and report to the Committees on Appropriations on 

its intentions: 

$1,900,000 for law-related education; 

$1,500,000 for Girls and Boys Town, U.S.A.; 

$1,750,000 for the National Council of Juvenile and Family 

Court Judges; 

$750,000 for Teens, Crime and Community; 

$4,000,000 for the Eisenhower Foundation for the Youth 

Safe Haven program; 

$250,000 for Lea County, NM, for a juvenile corrections 

education program; 

$150,000 for the Fort Worth Comin’ Up Gang Violence Prevention program, TX; 

$700,000 for the University of South Alabama for youth violence prevention research; 

$250,000 for the University of Connecticut for a juvenile 

delinquency prevention program; 

770 

$200,000 for the Rhode Island Court Truancy Court Program; $500,000 for the Dakota Boys Ranch Mentoring Program 

in ND; 

$200,000 for the Colton Police Activities League [PAL] Program in CA; $700,000 for the Los Angeles Community Law Enforcement and Recovery Program [CLEAR]; $1,600,000 for the continuation of the Office of Juvenile 

Justice and Delinquency Prevention’s Protecting Our Children: 

Working Together to End Child Prostitution program; $600,000 for Northwestern University’s Juvenile Project; 

$1,750,000 for Parents Anonymous; 

$500,000 for the Stark County Court, Juvenile Pre-Trial 

Services Office to assist with the implementation of early intervention strategies for targeted youth in Stark County, OH; $500,000 for the juvenile delinquency prevention programs 

in Massillon, OH; 

$100,000 for A Child is Missing, Inc. in OH; 

$225,000 for the Family, Career, and Community Leaders 

of America ‘‘Stop the Violence’’ program; $250,000 for the Buckhorn Lake Children’s Center for programs to serve at-risk youth; $250,000 for Prevent Child Abuse America for the programs of the National Family Support Roundtable; $750,000 for the ACA—NY for an anti-drinking program 

for children ages 11 and above; $3,000,000 for the Hamilton Fish National Institute on 

School and Community Violence; $650,000 for Learning for Life; 

$350,000 for the Virginia Attorney General’s Office for 

Class Action and other educational programs in Virginia 

schools; 

$1,000,000 for the Center for Successful Parenting; 

$700,000 for the Association of Christian Community Computer Centers; 

$500,000 for Youth for Tomorrow; 

$225,000 for the Memorial Child Guidance Clinic’s Child 

SAVE program; 

$200,000 for the Farmington Children’s Home for delinquency prevention programs; 

$200,000 for Operation Blue Ridge Thunder; 

$750,000 for the Tarrant County Youth Collaboration for 

a child abuse prevention program; 

$750,000 for the Residential Care Consortium for delinquency prevention programs; 

$75,000 for Waukon, IA, for a youth intervention program; 

$400,000 for the IMPACT/Night Light Program in San 

Bernardino County, CA, to team police officers with probation 

officers to reduce juvenile crime; 

$250,000 for the Child Endangerment Response Coalition 

in Spokane, WA; 

$500,000 for the International Youth Service and Development Corps. for programs in Washington, DC; 

771 

$300,000 for Project Choice, a gang prevention program in 

Syracuse, NY; $300,000 for the Violence Intervention and Prevention 

Project in Syracuse, NY; $1,500,000 for the Drug Free America Foundation for an 

anti-drug program for youth, parents, and teachers; $500,000 for Eckerd Youth Alternatives to divert at-risk 

and troubled youth from the criminal justice system through 

residential and community-based programs; $250,000 for the Pinellas County, FL, Police Athletic 

League; $250,000 for the Florida Gulf Coast University Interagency 

Family Assessment Team program for at-risk youth; $500,000 for the Marcus Institute in Atlanta, GA, for a juvenile crime and delinquency study; $250,000 for the ARISE Foundation; 

$250,000 for the Miami-Dade Juvenile Assessment Center; 

$250,000 for Darkness to Light; 

$60,000 for the Page County, VA, Sheriff’s Office for a juvenile crime prevention program; $100,000 for the City of South Bend, IN, youth gang violence prevention initiative; $100,000 for the CHKD Child Abuse Program; 

$250,000 for the South Carolina Department of Juvenile 

Justice for statewide technology system enhancements; $500,000 for the Daytop, NJ, alcohol and drug treatment 

program for at-risk youth; $250,000 for the Ohel Children’s Home & Family Services 

for a child abuse prevention program; $250,000 for juvenile delinquency prevention programs in 

Van Wert, OH; 

$100,000 for the Laurinburg, NC, for a juvenile delinquency program; $150,000 for the DuPage County, IL, Youth Mentoring 

Program; 

$250,000 for the Teen Challenge program for at-risk youth 

in IL; 

$250,000 for the Covenant House New Jersey’s Right of 

Passage program; 

$700,000 for the Wayne County, MI, for a juvenile mentoring program; 

$100,000 for the Boys and Girls Home of Nebraska; 

$45,000 for the Generation Next Youth Empowerment Program in Dumas, AR, to prevent juvenile delinquency; 

$200,000 for A Child Is Missing, Inc, FL; 

$1,500,000 for World Vision for at-risk youth programs; 

$150,000 for Greater Trenton, NJ, for an at-risk youth program; 

$250,000 for the Healthy Schools Initiative in NJ; 

$100,000 for A Child Is Missing, Inc, OK; 

$250,000 for a juvenile court program in Philadelphia, PA; 

$100,000 for the LaSalle, IL, Child Advocacy Center; 

$100,000 for Operation Take Back Narcotics Enforcement 

in Detroit, MI; 

772 

$750,000 for the California Safe from the Start; 

$750,000 for the Bay Area Youth Violence Prevention Network; 

$450,000 for the San Francisco, CA, ‘‘Safe Streets Project’’; 

$100,000 for the City Parks Foundation programs for atrisk youth in the Bronx, NY; $500,000 for the Lehman College, NY, program for at-risk 

youth; $100,000 for the Woodycrest, NY, program for at-risk 

youth; $100,000 for the Adventist Healthcare Facility, MD, for an 

at-risk youth program; $100,000 for the DePaul Stand Tall Program; 

$300,000 for Fordham University’s Regional Education 

Technology Center to assist at-risk youth; $75,000 for the Fordham Youth Ministry for teens; 

$250,000 for Project Avary—Children of Imprisoned Parents; 

$100,000 for the After-School Alliance National Resource 

Center; 

$100,000 for the Sistas and Brothas alternatives to gangs 

and drugs; $200,000 for Youth Ministries for Peace and Justice; 

$400,000 for the Mary Mitchell Family and Youth Center 

programs for families and teens; $475,000 for the Boys and Girls Home and Family Services, IA; 

$300,000 for an at-risk youth program in Chicago schools; 

$700,000 for Messiah College, PA, programs for at-risk 

teens; 

$100,000 for the Marion County, OR, for the Children of 

Incarcerated Parents Initiative; 

$100,000 for the Marion County, OR, for Co-occurring Disorders Pilot Project for at-risk youth; 

$200,000 for the Clackamas County, OR, Juvenile Community Assessment Center; 

$500,000 for the Granite, UT, Rock Solid Project for at-risk 

youth; 

$300,000 for the Spurwink Institute program for at-risk 

youth; 

$1,000,000 for the Washington State School Security program; 

$500,000 for the USTA for at-risk youth; 

$200,000 for the Barron County Restorative Justice Truancy Initiative; 

$200,000 for Phipps Houses; 

$900,000 for Philadelphia’s College Opportunity Resources 

for Education (C.O.R.E.) initiative for at-risk youth; 

$100,000 for the At-Risk Youth Entrepreneurship Program 

at New Covenant Campus, PA; 

$1,000,000 for the City of Toledo, OH, Police Athletic 

League Youth Center for at-risk youth; 

$500,000 for Opportunities, Alternatives, and Resources 

for youth; 

773 

$100,000 for Substance Abuse Prevention for Youth, MA; 

$200,000 for the Liberty’s Promise programs for youth; 

$100,000 for the Indiana ‘‘No Workshops, No Jumpshots’’ 

program for at-risk youth; $150,000 for the Thomas Area Teen Center for youth; 

$150,000 for the City of Dawson, GA, Youth Advocacy; 

$200,000 for the Muscogee County, GA, National Model 

Parenting Center; $75,000 for the Mitchell County, GA, Youth Advocacy and 

Outreach Program; $500,000 for Youth Crime Watch, FL; 

$200,000 for Jump Start Tallahassee, FL, for at-risk 

youth; $500,000 for the Juvenile Justice Education Program 

Model Study for teens; $150,000 for the Overtown Youth Center, Miami, FL; 

$200,000 for Florence Crittendon programs for at-risk 

teens; 

$250,000 for the Richland County, SC, ScoutReach program; $100,000 for the Village of Riverdale, IL, programs for 

youth; $200,000 for the TechMission Youth Program for at-risk 

kids, MA; 

$200,000 for Operation Quality Time for at-risk youth, AZ; 

$150,000 for the April Michelle West Foundation’s Winners by Choice program for at-risk teens; $250,000 for the Camp Police Athletic League of NJ; 

$200,000 for Soundview Community in Action for outreach 

for teens, NY; 

$150,000 for the Project Parkchester Youth Zone; 

$100,000 for the Hope and Help for All Foundation At-Risk 

Juvenile Mentoring Program; $200,000 for the Community Outreach Center Drug Prevention Program, NY; 

$200,000 for the Bronx, NY, Cluster of Settlement Houses 

At-Risk Youth Mentoring Program; 

$300,000 for the Anti-Gang Initiative of the Urban League 

of Long Island, NY; 

$50,000 for City Parks Foundation programs for at-risk 

youth—Queens, NY; 

$250,000 for the ABT programs for at-risk youth; 

$150,000 for Fortune Society programs for children of incarcerated parents in NY; 

$225,000 for the Nassau County, NY, Youth Board programs; 

$50,000 for the Nassau County, NY, Police Dept. programs 

for at-risk youth; 

$225,000 for the Grace Multi-Community Development 

Corporation, Uniondale, NY; 

$250,000 for the Roy Wilkins Park Family Center, Project 

Re-Connect; 

$100,000 for the GRADS Foundation, Inc. programs for atrisk youth; 

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$310,000 for BAM programs to prevent juvenile delinquency; 

$140,000 for the New York Acorn programs to prevent 

teen delinquency; 

$100,000 for the Community Service Society/Enterprise 

Corps programs for at-risk kids, NY; 

$200,000 for the Harlem, NY, RBI programs for at-risk 

youth; 

$200,000 for the NYC College of Tech at-risk youth education; 

$75,000 for the Downtown Learning Center—expansion of 

programs for at-risk youth, NY; 

$75,000 for City Parks Foundation programs for at-risk 

teens in East NY; 

$250,000 for the Project Intercept program to prevent atrisk youth from turning to drugs, NY; 

$100,000 for the Brooklyn Arts Council’s Arts in Education 

Program for at-risk youth; 

$60,000 for the Gilbert-Lindsay Center for Youth; 

$100,000 for the Junior Aztec Fire Fuels Crew programs 

for at-risk kids in Cypress Park, CA; 

$250,000 for the Northeast Trees at risk youth program; 

$40,000 for the Reach Our Community Kids (ROCK); 

$100,000 for the Eagle Rock Center ‘‘Will Power to Youth’’ 

programs, CA; 

$250,000 for Texas A&M University in Corpus Christi programs decreasing behaviors in at-risk youth; 

$500,000 for the Hispanic National Juvenile Delinquency 

Prevention Program—Self-Reliance Foundation; 

$150,000 for the City of Norwalk, CA for the Teen Alliance 

Program; 

$250,000 for the Before- and After-School Delinquency Prevention Program, TX; 

$150,000 for the Gang Alternative Program in Southeast 

Los Angeles County, CA; 

$500,000 for the Texas A&M Center for at-risk youth; 

$200,000 for the SBH Services for at-risk youth, NY; 

$200,000 for the Boricua College Project Success for at-risk 

youth, NY; 

$200,000 for the NYC YD programs for at-risk teens, NY; 

$100,000 for the Loisaida Youth Leadership Academy for 

at-risk kids, NY; 

$250,000 for the La Esperanza Home for Boys, TX; 

$250,000 for the Anaheim, CA, Police Activities League 

Center; 

$500,000 for the Los Angeles County, CA, Friends of Child 

Advocates; 

$100,000 for the Teen Shelter, AL, programs for at-risk 

teens; 

$100,000 for the Northwest Alabama Children’s Advocacy 

Center; 

$50,000 for the Morgan County, AL, Child Advocacy Center; 

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$250,000 for the Gateway Healthcare in Pawtucket, RI, 

programs for at-risk youth; 

$500,000 for the Rhode Island Family Court programs for 

youth and families; 

$500,000 for the Folwell Neighborhood Association, MN, 

programs for kids; 

$100,000 for the Collaborative Drug Intervention Committees, NJ; 

$100,000 for the Lena Park Development Corporation for 

services for at-risk youth, MA; 

$100,000 for the Stillman College Juvenile Justice Delinquency Prevention Program, AL; 

$100,000 Amer-I-Can program for youth, IL; 

$100,000 for the Old King’s Orchard Community Center 

Teen Reach Program, IL; 

$100,000 for the Juvenile Justice Center at Suffolk University Law School, MA; 

$100,000 for the Vermont Coalition of Teen Centers; 

$500,000 for the Youth Development and Crime Prevention Initiative, CA; 

$60,000 for the Middlesex District Attorney Citizenship in 

Action Institute; 

$300,000 for the Jovenes program for at-risk youth; 

$150,000 for NYC Arts for at-risk youth; 

$200,000 for the Medgar Evers at-risk youth program; 

$100,000 for the VA ‘‘No Workshops, No Jumpshots’’; 

$100,000 for Metropolitan Family Services for at-risk 

youth; 

$200,000 for the Mayor’s Time disadvantaged and at-risk 

youth program; 

$100,000 for Wayne County, MI, Teen Court; 

$375,000 for a Salinas Gang Violence program for at-risk 

youth; 

$200,000 for the Washington County, OR, for a juvenile 

justice prevention program; 

$400,000 for the Alabama Council on Substance AbuseNCADD; 

$2,000,000 for the Alaska Child Advocacy Center for a 

child abuse investigation program; 

$600,000 for the Alaska Children’s Trust child abuse prevention program; 

$750,000 for the Alaska Mentoring Demonstration Project 

for a statewide at-risk youth mentoring program; 

$1,000,000 for the Alaska Youth Courts; 

$300,000 for An Achievable Dream program in VA; 

$2,000,000 for the Anaheim Learning Center in CA; 

$3,000,000 for the Cal Ripken, Sr., Foundation; 

$602,000 for the Child Support Enforcement Incentives in 

AK; 

$100,000 for the Clinton County, PA, Action Team Against 

Drugs; 

$1,000,000 for the Crimes Against Children Research Center at the University of New Hampshire; 

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$100,000 for the Child Protection Program/Nez Perce 

Tribe, Lapwai, ID; $75,000 for the Shelby County, TN, Youth Violence and 

Gang Prevention—Initiative; $500,000 for the Daniel Webster Boy Scout Council for outdoor education; 

$3,000,000 for the Life Skills Training Program in Saint 

Augustine, FL; $1,750,000 for the Girl Scouts Beyond Bars and PAVE programs; $600,000 for the Iowa Mentor Center for a rural mentoring 

program in partnership with Big Brothers/Big Sisters; $300,000 for the Jackson, MS, Juvenile Justice & Delinquency Prevention Program; $4,000,000 for the Junior Achievement program; 

$200,000 for the Juvenile Fire Setters Prevention Program; $100,000 for the Juvenile Justice Program Enhancement 

in UT; 

$100,000 for the Juvenile Justice Work Program in UT; 

$75,000 for the Lonesome Pine Office on Youth in VA; 

$250,000 for the MO Juvenile Justice Labs; 

$200,000 for the Morning Star Ranch, Florence, KS; 

$125,000 for the Native American Liaison at the Child and 

Family Intervention Center in Billings, MT; $100,000 for the New Hampshire Expansion of the Go Girl 

Go program; $300,000 for the State of New Mexico for juvenile offenders; 

$225,000 for the University of Southern Mississippi Citizenship and Justice Academy; $350,000 for the USM Family Network Partnership Program; $600,000 for the Western Kentucky University Spotlight 

Youth Program; 

$200,000 for the Winona State University Child Protection/ 

Training Center in Minnesota; 

$100,000 for the ‘‘I Have a Dream’’ Foundation; 

$800,000 for the Juvenile Justice Information System in 

HI; 

$600,000 for Children & Families First of DE; 

$200,000 for the New Mexico Police Athletic League; 

$750,000 for the Outdoor Education Center project, Harpers Ferry, WV; 

$350,000 for Women In Support of the Million Man March 

in Newark, NJ; 

$150,000 for Brookdale Community College for Project OPTIMIST in NJ; 

$400,000 for the Generations of Hope program in IL; 

$100,000 for the Horizons for Youth program in IL; 

$250,000 for the San Jose, B.E.S.T At-Risk Youth and 

Anti-Gang Program in CA; 

$500,000 for the Drug Endangered Children program in 

IA; 

777 

$325,000 for Court Teams for Maltreated Infants and Toddlers in IA; 

$200,000 for WINGS for kids, SC; 

$100,000 for the Children in Crisis in SC; 

$3,000,000 for the Hawaii Rural Youth Outreach Program; 

$750,000 for the Families and Schools Together (FAST) in 

Wisconsin; 

$60,000 for the Eau Claire County Restorative Justice Program in WI; $150,000 for the Milwaukee Summer Stars program in WI; 

$500,000 for Louisiana Children’s Advocacy Centers; 

$300,000 for the Washington County Youth Service Bureau, VT; 

$250,000 for the Nevada Child Seekers; 

$200,000 for the Computer Corp Skills and Knowledge Acquired Toward Enhancing Success in NV; and $100,000 for the S.A.F.E. House Domestic Violence Counseling Center in NV. 

Enforcing the Underage Drinking Laws Program.—Within the 

funds provided in the At Risk Children Program (Title V), the conference agreement provides $25,000,000 for grants to assist States 

in enforcing underage drinking laws. 

Gang Prevention.—The conference agreement includes $25,000,000, within Title V grants, for OJP to administer a gang 

resistance and education program. These funds shall be available 

to develop comprehensive community strategies to address gangs, 

including anti-gang education programs and coordination with Federal, State and local law enforcement. This program shall be administered by the Bureau of Justice Assistance with assistance 

from the Bureau of Alcohol, Tobacco, Firearms and Explosives, and 

the Office of Juvenile Justice and Delinquency Prevention. 

Internet Safety.—The conferees strongly support programs that 

provide various services and resources to protect children from 

being vulnerable to on-line predators. The conferees understand 

there are a multitude of arenas where parents, law enforcement 

personnel, school personnel and after-school programs can obtain 

information about Internet safety. The conferees desire a better understanding of what types and how many Internet safety programs 

are being Federally funded. The conferees direct the Administrator 

of the Office of Juvenile Justice, in coordination with the Coordinating Council on Juvenile Justice and Delinquency, to submit a 

report on Federally funded internet safety programs to the Committees on Appropriations within 180 days of the enactment of this 

Act. 

Victims of Child Abuse Act.—The conference agreement includes $15,000,000 for the various programs authorized under the 

Victims of Child Abuse Act (VOCA). The recommendation provides 

the following: 

$3,000,000 for Regional Children’s Advocacy Centers, as 

authorized by section 213 of VOCA; 

$9,500,000 for local Children’s Advocacy Centers, as authorized by section 214 of VOCA; 

$50,000 for the National Children’s Advocacy Center in 

Huntsville, AL, to implement a training program; 

778 

$850,000 for the National Children’s Alliance for technical 

assistance and training, as authorized by section 214a of 

VOCA; and 

$1,600,000 for the National Center for Prosecution of Child 

Abuse for specialized technical assistance and training programs to improve the prosecution of child abuse cases, as authorized by section 214a of VOCA. 

PUBLIC SAFETY OFFICERS BENEFITS

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

GENERAL PROVISIONS—DEPARTMENT OF JUSTICE

The conference agreement includes the following general provisions for the Department of Justice: 

Section 101 provides language making up to $60,000 of the 

funds appropriated to the Department of Justice available to the 

Attorney General for reception and representation expenses. 

Section 102 provides language, included in prior Appropriations Acts, which prohibits the use of funds to perform abortions 

in the Federal Prison System. 

Section 103 provides language, included in previous Appropriations Acts, which prohibits use of the funds in this bill to require 

any person to perform, or facilitate the performance of, an abortion. 

Section 104 provides language, included in previous Appropriations Acts, which states that nothing in the previous section removes the obligation of the Director of the Bureau of Prisons to 

provide escort services to female inmates who seek to obtain abortions outside a Federal facility. 

Section 105 includes language providing authorization for Department of Justice programs until the effective date of a subsequent Justice authorization act. 

Section 106 provides language allowing the Department of Justice, subject to the Committees’ reprogramming procedures, to 

transfer up to 5 percent between any appropriation, but limits to 

10 percent the amount that can be transferred into any one appropriation. The provision also prohibits transfers of funds from the 

Bureau of Prisons Buildings and Facilities account unless the 

President certifies that such a transfer is necessary to the national 

security interests of the United States, and such authority shall not 

be delegated, and shall be subject to section 605 of this Act. 

Section 107 provides language to continue section 114 of Public 

Law 107–77 during fiscal year 2005. 

Section 108 includes language regarding additional funding for 

Project Seahawk. 

Section 109 provides for the extension of the Personnel Management Demonstration Project for certain positions of the Bureau 

of Alcohol, Tobacco, Firearms and Explosives. 

Section 110 prohibits the Drug Enforcement Administration 

from establishing procurement quotas in certain circumstances. 

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Section 111 provides for the establishment of procurement 

quotas for certain drugs following the approval of a new drug application. 

Section 112 empowers the Director of the FBI to, on a case-bycase basis, delay the mandatory retirement age of 57 for FBI 

agents until the agent reaches 65 years of age. Currently, the Director is authorized to delay mandatory retirement until the agent 

reaches 60 years of age. This provision does not require agents to 

work past the age of 57, but gives the Director the authority to extend agents until the age of 65 in certain circumstances. 

Section 113 provides the Director of the FBI with the authority, after consultation with the Office of Personnel Management 

(OPM), to provide retention and relocation bonuses to employees 

with high or unique qualifications who in the absence of bonuses 

would likely leave the FBI. The provision also allows for retention 

and relocation bonuses for individuals transferred to a different geographic area with a higher cost of living. A bonus may total up 

to 50 percent of an employee’s basic rate of pay. 

Section 114 authorizes the Director of the FBI to provide for 

the establishment and training of an FBI Reserve Service that 

would facilitate streamlined, temporary re-hiring from a pre-certified cadre of retired FBI employees who possess the specialized 

skills required to deal with the demands of a crisis or other special 

situation. The provision will allow the FBI to quickly access experienced employees in the event of an emergency, without adversely 

impacting reserve service members’ retirement pay. 

Section 115 authorizes the FBI, in conjunction with the Office 

of Management and Budget and the Office of Personnel Management, to pay critical intelligence positions up to an Executive 

Schedule I salary provided that the position is determined to be (1) 

a high level position in a scientific, technical, professional, or administrative field, and (2) critical to the FBI’s mission. 

Section 116 provides authority for the Bureau of Alcohol, Tobacco, Firearms and Explosives to use confiscated funds during undercover operations. 

Section 117 amends Title 31 of the United States Code to provide protection for the Director of the Bureau of Alcohol, Tobacco, 

Firearms and Explosives. 

Section 118 requires the Bureau of Prisons to submit a financial plan. 

Section 119 directs the Bureau of Prisons to work with the 

Federal Public Defender in the Southern District of Florida on a 

pilot program. 

Section 120 limits the placement of maximum or high security 

prisoners to appropriately secure facilities. 

Section 121 restricts Federal prisoner access to certain amenities. 

Section 122 provides for payment of certain eligible radiation 

exposure claims. 

Section 123 changes the name of the National Prison Rape Reduction Commission to the National Prison Rape Elimination Commission. 

Section 124 establishes the 9/11 Heroes Medal of Valor. 

780 

Section 125 provides for the transfer of certain land to the Secretary of the Army. 

Section 126 establishes an Office of Justice for Victims of Overseas Terrorism, as recommended by the Koby Mandell Act of 2003, 

to ensure that the investigation and prosecution of deaths of American citizens overseas are a high priority within the Department of 

Justice. The Office shall create a Joint Agency Task Force consisting of Department of Justice and Department of State personnel to be activated in the event of a terrorist incident against 

American citizens overseas. 

TITLE II—DEPARTMENT OF COMMERCE AND RELATED 

AGENCIES 

TRADE AND INFRASTRUCTURE DEVELOPMENT 

RELATED AGENCIES 

OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE

SALARIES AND EXPENSES

The conference agreement includes $41,552,000 for the Office 

of the United States Trade Representative (USTR) for fiscal year 

2005, as proposed by both the House and Senate. 

The conference agreement adopts, by reference, language proposed by the House regarding the United States trade deficit with 

other nations, reporting requirements, and international standards. 

The conferees expect the USTR to make use of all available 

mechanisms, including the safeguards delineated under the Trade 

Act of 1974, specifically Sections 301 and 421, to address the disruptions resulting from trade with the People’s Republic of China. 

The conference agreement includes language proposed by the 

Senate regarding the establishment and the responsibilities of a 

Chief Negotiator for Intellectual Property Enforcement. 

The conference agreement continues language from the prior 

year regarding certain trade negotiations to be conducted within 

the World Trade Organization, as proposed by the Senate. 

NATIONAL INTELLECTUAL PROPERTY LAW ENFORCEMENT

COORDINATION COUNCIL

The conference agreement includes $2,000,000 for the National 

Intellectual Property Law Enforcement Coordination Council 

(NIPLECC), instead of $20,000,000 as proposed by the Senate. 

The conference agreement adopts by reference Senate report 

language regarding the mission of the NIPLECC and the creation 

of a Coordinator for International Intellectual Property Enforcement to head this Council. 

INTERNATIONAL TRADE COMMISSION

SALARIES AND EXPENSES

The conference agreement includes $61,700,000 as proposed by 

both the House and Senate for the International Trade Commission 

for fiscal year 2005. 

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DEPARTMENT OF COMMERCE 

INTERNATIONAL TRADE ADMINISTRATION

OPERATIONS AND ADMINISTRATION

The conference agreement includes $401,513,000 in total resources for the programs of the International Trade Administration 

(ITA) for fiscal year 2005, of which $8,000,000 is to be derived from 

fee collections, as proposed by both the Senate and House. 

Manufacturing and Services.—Of the amounts provided under this heading, the conference agreement includes $10,000,000 for 

the National Textile Center, $3,000,000 for Textile/Clothing Technology Corporation, $500,000 for Kansas City Smart Port, and 

$500,000 for the continuation of the international competitiveness 

program. 

Market Access and Compliance.—Of the amounts provided 

under this heading, sufficient funding is provided to continue the 

BISNIS program. 

Import Administration.—The conferees direct the Department 

to ensure that in cases regarding non-market economies, the surrogates are carefully selected. For those alleged dumping cases, the 

Department should clearly distinguish the fundamental differences 

in production processes and rely upon all credible expert information (including economic modeling and industry-based cost comparisons) in determining whether the financials of a surrogate realistically reflect costs. The conferees note that in chemical cases, as 

well as other cases, producers of identical products may not be the 

most reliable surrogate if they are distinctly different in size or 

production process. The conferees direct the Department to select 

the surrogates that most accurately reflect actual costs. 

United States and Foreign Commercial Service.—Of the 

amounts provided under this heading, the conferees direct that 

overseas position levels dedicated to the Baltics will remain at fiscal year 2004 levels. 

The conferees expect the Department to continue to fully participate in and contribute to the Clean Energy Technology Exports 

Initiative, a nine-agency approach to help open international markets and aid in the export of a range of United States clean energy 

technologies. 

The conference agreement adopts, by reference, language regarding the Appalachian-Turkish Trade Project as proposed by the 

Senate. 

The conferees direct the Secretary of Commerce to report back 

to the Committees on Appropriations, no later than January 20, 

2005, on the trade and U.S. employment impact of the currency 

valuation of our trading partners including China, Japan, Vietnam, 

South Korea, Taiwan, the Ukraine, and Indonesia. 

The conference agreement includes bill language designating 

the amounts available for each unit within ITA. The conferees remind ITA that any deviation from the funding distribution provided in the bill and report, including carryover balances, is subject 

to reprogramming procedures set forth in section 605 of this Act. 

In addition, ITA is directed to submit to the Committees on Appropriations, not later than 60 days after the enactment of this Act, 

782 

a spending plan for all ITA units that incorporates any carryover 

balances from prior fiscal years. 

The conference agreement adopts, by reference, language as 

proposed by the Senate under the heading of World Trade Organization. The conference agreement adopts, by reference, language as 

proposed by the House concerning imports of polyester fibers from 

Korea, Channa micropeltes also known as Snakehead fish, staffing 

for market access compliance, establishment of a dispute settlement mechanism, report on right-sizing methodology, human rights 

training, spending plan, trade missions, foreign currency valuation, 

Caribbean Basin, Global Diversity, the rural export program, and 

travel expenditures. The conference agreement includes $500,000 for the Rural Export Initiative for fiscal year 2005, and directs the ITA to work 

with the West Virginia High Technology Consortium Foundation. 

Further, the conferees expect the previously provided $500,000 for 

the Rural Export Initiative’s National Technology Transfer Center 

to be awarded or otherwise made available to the West Virginia 

High Technology Consortium Foundation. 

The conference agreement includes report language as proposed by the House regarding the Office of Trade and Economic 

Analysis (OTEA). The conference agreement includes up to 

$3,000,000 for this purpose. 

The conference agreement includes, by reference, report language as proposed by the House regarding jobs in food manufacturing (including confectionery) and the submission of a certain report. 

The conferees direct the Secretary of Commerce to take all necessary steps to ensure that American business interests are represented in international standards negotiations, including those 

concerning digital telecommunications. The conferees continue to 

direct that ITA collaborate with NIST, the USTR, and the State 

Department to reduce trade barriers to U.S. business exports. The 

conferees direct the Secretary to report to the Committees on Appropriations regarding the steps taken to ensure these goals are 

met and what obstacles are impeding the conferees’ intended results. This report should include proposals to transfer existing ITA 

and NIST personnel on a temporary or permanent basis to certain 

international organizations. 

Executive Direction.—The conferees are concerned regarding 

the accuracy and timeliness of information presented to the Committees on Appropriations, specifically data regarding financial and 

human capital. The conferees urge the Secretary to address the 

conferees’ concerns. 

Language is included regarding a certain international trade 

study. 

BUREAU OF INDUSTRY AND SECURITY

OPERATIONS AND ADMINISTRATION

The conference agreement includes a total operating level of $68,393,000 for the operations and administration of the Bureau of 

Industry and Security (BIS), as proposed by the House, instead of 

$70,872,000, as proposed by the Senate. 

783 

The conference agreement adopts, by reference, Senate report 

language regarding a certain report. 

ECONOMIC DEVELOPMENT ADMINISTRATION

ECONOMIC DEVELOPMENT ASSISTANCE PROGRAMS

The conference agreement includes $257,423,000 for Economic 

Development Assistance (EDA) Programs. The conferees direct 

EDA to continue traditional programs to provide needed assistance 

to communities struggling with long-term economic dislocation, as 

well as sudden and severe economic dislocation. Of the amounts 

provided, $166,593,000 is for Public Works and Economic Development; $45,400,000 is for Economic Adjustment Assistance; 

$24,500,000 is for planning; $8,435,000 is for technical assistance, 

including university centers; $12,000,000 is for trade adjustment 

assistance; and $495,000 is for research. 

The conference agreement adopts, by reference, language proposed by the House regarding coal and timber industry downturns, 

and assistance to applicants and requirements for applicants. The 

conference agreement adopts, by reference, Senate language regarding the economic downturns including the timber, steel, and 

coal industries, United States-Canadian trade-related issues, communities in New England, the mid-Atlantic, Hawaii, and Alaska 

impacted by fisheries regulations, and communities in the southeast impacted by downturns due to the North American Free Trade 

Agreement. 

SALARIES AND EXPENSES

The conference agreement includes $30,483,000 for the salaries 

and expenses of the Economic Development Administration, instead of $30,565,000 as proposed by the House, and $30,400,000 as 

proposed by the Senate. 

The conference agreement adopts, by reference, House language regarding efforts to maximize the operating funding level, a 

special headquarters reserve fund, and requirements for reorganization proposals. 

MINORITY BUSINESS DEVELOPMENT AGENCY

MINORITY BUSINESS DEVELOPMENT

The conference agreement includes $29,899,000 for the Minority Business Development Agency for fiscal year 2005, instead of 

$31,555,000 as proposed by the Senate, and $28,899,000 as proposed by the House. The conference agreement adopts, by reference, House language regarding the Entrepreneurial Technology 

Apprenticeship Program. 

The conference agreement adopts, by reference, Senate language regarding the Initiative on Asian Americans and Pacific Islanders. The conferees continue to support the Office of Native 

American Business Development. 

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ECONOMIC AND INFORMATION INFRASTRUCTURE

ECONOMIC AND STATISTICAL ANALYSIS

SALARIES AND EXPENSES

The conference agreement includes $80,000,000 for the economic and statistical analysis programs of the Department of Commerce, including the Bureau of Economic Analysis (BEA), for fiscal 

year 2005, instead of $78,211,000 as proposed by the House, and 

$81,764,000 as proposed by the Senate. 

The BEA has received programmatic increases over the past 

four years to ensure that policy makers have access to more accurate and timely economic data. 

Language is included regarding a grant to the National Academy of Public Administration to conduct a comprehensive study on 

the effects of off-shoring on the U.S. workforce and economy. Subcontracts should be awarded as necessary. Information and opinion 

should be collected from stakeholders in business, education, and 

government, as well as professional associations and employee organizations. 

BUREAU OF THE CENSUS

The conference agreement includes a total operating level of 

$754,881,000 for the Bureau of the Census, instead of $773,881,000 

as proposed by the House, and $605,768,000 as proposed by the 

Senate. 

SALARIES AND EXPENSES

The conference agreement includes $198,765,000 for the salaries and expenses of the Bureau of the Census for fiscal year 2005, 

instead of $174,304,000 as proposed by the Senate, and 

$202,765,000 as proposed by the House. 

The conference agreement adopts, by reference, House report 

language regarding the highest priority core activities, reimbursement, the monthly Export-Import and Trade Balance statistics on 

a North American Industry Classification System (NAICS) basis, 

and the Advanced Technology Trade Imports, Exports, and Net 

Balance By Country, domestic stock production, and other key reports. 

PERIODIC CENSUSES AND PROGRAMS

The conference agreement includes a total of $556,116,000 for 

all periodic censuses and related programs in fiscal year 2005, instead of $571,116,000 as proposed by the House, and $431,464,000 

as proposed by the Senate. Of the amounts provided, $146,009,000 

is provided for the American Community Survey, and $82,310,000 

is for the Master Address File/Topologically Integrated Geographic 

Encoding and Referencing (MAF/TIGER) system. The conferees expect to be kept apprised on a monthly basis on the expenditure of 

these funds. 

The conference agreement includes language regarding the collection of data on race identification. 

785 

NATIONAL TELECOMMUNICATIONS AND INFORMATION

ADMINISTRATION

The conference agreement includes a total of $39,202,000 for 

the National Telecommunications and Information Administration 

(NTIA), instead of $17,820,000 as proposed by the House and 

$58,194,000 as proposed by the Senate. 

SALARIES AND EXPENSES

The conference agreement includes $17,433,000 for the Salaries and Expenses appropriation of the NTIA, instead of 

$15,282,000 as proposed by the House, and $21,583,000 as proposed by the Senate. 

The conference agreement adopts, by reference, language proposed by the House regarding the maximization of the operating 

level and reimbursements. 

PUBLIC TELECOMMUNICATIONS FACILITIES, PLANNING AND

CONSTRUCTION

The conference agreement includes $21,769,000, the same 

amount as in the Senate, instead of $2,538,000 as proposed by the 

House. 

INFORMATION INFRASTRUCTURE GRANTS

The conference agreement includes language allowing recoveries and balances to be used for administration of open grants as 

proposed by the House. The Senate proposed an appropriation of 

$14,842,000. 

UNITED STATES PATENT AND TRADEMARK OFFICE

SALARIES AND EXPENSES

The conference agreement includes $1,544,754,000 for the 

United States Patent and Trademark Office (USPTO) for fiscal 

year 2005, the same as proposed by the Senate, and $1,523,407,000 

as proposed by the House. 

The conference agreement includes language restricting certain 

travel payments and language designating full-time equivalents 

and funding for certain functions. 

The conference agreement adopts, by reference, language proposed by the House regarding the National Inventor’s Hall of Fame 

and Inventure Place and the International Intellectual Property Institute. 

The conference agreement adopts, by reference, language proposed by the Senate regarding the Whittemore School of Business 

for an intellectual property rights pilot project. 

The conference agreement includes $20,000,000 for USPTO’s 

efforts to combat piracy and counterfeiting overseas, as proposed in 

the Senate report. 

The conferees remind the PTO that any changes from the 

funding distribution provided in the bill and report including carryover balances are subject to the reprogramming procedures set 

forth in section 605 of this Act. 

786 

In addition, PTO is directed to submit to the Committees on 

Appropriations, not later than three months after the enactment of 

this Act, a spending plan, which incorporates any carryover balances from previous fiscal years and any increases to the patent or 

trademark fee structure. 

SCIENCE AND TECHNOLOGY

TECHNOLOGY ADMINISTRATION

SALARIES AND EXPENSES

The conference agreement includes $6,547,000 for necessary 

expenses of the Under Secretary for Technology Policy and the Office of Technology Policy, as proposed by the House, instead of 

$6,407,000 as proposed by the Senate. 

The conference agreement includes $200,000 for the World 

Congress on Information Technology. 

NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY

The conference agreement includes $708,692,000 for the National Institute of Standards and Technology (NIST) for fiscal year 

2005, instead of $524,970,000 as proposed by the House, and 

$784,963,000 as proposed by the Senate. 

SCIENTIFIC AND TECHNICAL RESEARCH AND SERVICES

The conference agreement includes $383,892,000 for the Scientific and Technical Research and Services (core programs) of the 

NIST, as proposed by the Senate, instead of $375,838,000 as proposed by the House. Of the funds made available, $2,900,000 is 

provided for transfer to the NIST Working Capital Fund. 

[In thousands of dollars] 

Committee 

recommendation 

Electronics and Electrical Engineering ................................................ $49,590 

Manufacturing Engineering .................................................................. 23,779 

Chemical Science and Technology ........................................................ 43,951 

Physics .................................................................................................... 41,796 

Materials Science and Engineering ...................................................... 60,897 

Building and Fire Research .................................................................. 21,779 

Computer Science and Applied Mathematics ...................................... 63,820 

Technology Assistance ........................................................................... 15,592 

National Quality Program .................................................................... 5,465 

Research Support Activities .................................................................. 57,223 

Total, STRS ................................................................................. 383,892 

Within the funds made available for Electronics and Electrical 

Engineering, $4,000,000 is provided for the Office of Law Enforcement Standards (OLES) to fund the highest priority homeland security research projects. Projects managed by OLES are to be coordinated with the Department of Justice and the Department of 

Homeland Security. In addition, $1,000,000 is for a nanoelectronics 

initiative to support the development of semiconductor technologies. 

Within the funds made available for Manufacturing Engineering, $2,000,000 is for the nanomanufacturing initiative enabling 

787 

critical infrastructural measurements and standards for the developing nanotechnology industry. Within the funds made available for Physics, $3,000,000 is for 

quantum computing. The conference agreement adopts language, 

as proposed by the Senate, regarding support of NIST’s Nobel Laureates’ efforts. 

Within the funds made available for Materials Science and Engineering, $6,000,000 is provided for upgrades to the National Center for Neutron Research in order to meet the increasing demand 

for this national scientific resource. 

Within the funds made available for Building and Fire Re- search, $2,000,000 is for measurements and standards for advanced fire fighting technologies. Numerous innovative technologies 

are becoming available for the Nation’s fire departments. Unfortunately, there are few standard test methods able to assess the performance of these instruments. 

Within the funds made available for Computer Science and Ap- plied Mathematics, $500,000 is for NIST’s efforts in support of the 

Technical Guidelines Development Committee, as established 

under the Help America Vote Act, Public Law 107–252. Additionally, the conferees recognize the need to continue support of the 

US–VISIT program and other biometric programs of the Departments of State and Justice and have provided $2,000,000 to allow 

for NIST to begin testing the accuracy of multimodal systems, develop guidelines for testing fingerprint segmentation methods, and 

determining the influence of multiple images on the accuracy of facial biometrics. 

The Nation’s critical infrastructure continues to be at risk due 

to inadequate security, which is subject to exploitation, including 

the critical systems of the Federal Government. The Congress has 

designated the Computer Security Division as having the authority 

and responsibility of developing Federal standards, security guidelines, security checklists and associated methods and techniques 

for securing information systems, specifically Federal non-classified 

systems. These responsibilities are derived from the Federal Information Security Management Act and the Cyber Security Research 

and Development Act. The conference agreement includes 

$10,000,000 to develop the standards, guidelines, security specifications, testing methods, checklists, and testing and scanning tools 

necessary to protect the Nation’s cyberspace. 

Within the funding for Research Support, an increase of 

$3,000,000 is provided to the Competence program and $10,050,000 

is provided for Business Systems. The recommendation continues 

funding of $2,400,000 for a telework project and $6,500,000 for a 

critical infrastructure program, both of which received similar 

funding in fiscal year 2004. 

Chemical Science and Technology Study.—The conferees understand that the current methods of bulk asbestos analysis were 

designed to segregate commercial asbestos products containing 

more than 1 percent asbestos and may be inadequate for determining low concentrations of asbestos that occur in the natural environment. The conferees are aware of private-sector interest in developing a mass-based method that is accurate to the 0.1–1 WT 

percent levels and which will segregate asbestos from non-asbestos 

788 

particles on mine-grade samples of amphiboles and a method for 

distinguishing asbestos and non-asbestos particles in airborne filter 

samples. The conferees direct NIST to provide to the Committees 

on Appropriations in both the House and Senate, not later than 

January 31, 2005, a determination on whether developing such a 

methodology is necessary and, if so, the process, cost, and timetable 

for developing this methodology. 

INDUSTRIAL TECHNOLOGY SERVICES

The conference agreement includes $251,300,000 for the Industrial Technology Services appropriation of the National Institute of 

Standards and Technology, instead of $106,000,000 as proposed by 

the House, and $315,000,000 as proposed by the Senate. 

Manufacturing Extension Partnership program (MEP).—The 

conference agreement includes $109,000,000 to fully fund all MEP 

centers. The conference agreement includes bill language prohibiting the Secretary of Commerce from recompeting any existing 

Manufacturing Extension Partnership Center prior to 2007. Federal support for the MEP program, combined with State and private sector funding, has translated into more jobs, more tax revenue, more exports, and a more secure supply source of consumer 

and defense goods. The MEP program is an economical and prudent means of assisting small manufacturers that want to remain 

in the United States, continue to hire American workers, and stay 

competitive in the global market place. Of the amounts provided, 

$3,000,000 is to ensure small and rural States receive necessary 

manufacturing assistance and services. The conferees have reviewed the Department of Commerce’s report entitled, ‘‘Manufacturing in America’’ and its recommendations. The conferees do not 

support the report’s recommendation to reorganize the MEP program around a regional approach. The conferees recognize that the 

original concept of 12 regional centers for MEP is not the best 

model to address the needs of small and medium-sized manufacturers. The conferees support MEP’s expansion in order to equalize 

services to all types of manufacturers across the country. The conferees direct the Secretary of Commerce to provide the necessary 

coverage for small and medium-sized manufacturers. In addition, 

the conferees are concerned about the ability of small and rural 

States to provide adequate ‘matching’ funds. The conferees direct 

MEP to develop a program, which will provide additional assistance to small and rural States and report back to the Committees 

on Appropriations by April 15, 2005, with an implementation plan. 

The conference agreement includes a new provision naming the 

Manufacturing Extension Partnership Centers the Hollings Centers. 

The conference agreement adopts, by reference, language in 

the House report regarding the requirements for applicants seeking 

assistance. 

Advanced Technology Program.—The conference agreement 

provides an appropriation of $142,300,000 for the Advanced Technology Program (ATP), instead of $203,000,000 as proposed by the 

Senate and no funding as proposed by the House. The conference 

agreement does not adopt bill language providing specific funding 

for new awards as proposed by the Senate. 

789 

CONSTRUCTION OF RESEARCH FACILITIES

The conference agreement includes $73,500,000 for the construction and major renovations of the NIST campuses at Boulder, 

Colorado, and Gaithersburg, Maryland. 

The conferees provide $23,000,000 for safety, capacity, maintenance, and major repairs, and $7,000,000 for the central utility 

plant upgrades for the Boulder, Colorado, facility. 

NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION

The conference agreement includes a total of $3,940,000,000 

for the National Oceanic and Atmospheric Administration (NOAA), 

instead of $3,158,000,000 as proposed by the House and 

$4,141,793,000 as proposed by the Senate. The conference agreement includes funding under the same account structure as in previous years as proposed by the House, instead of unifying the two 

main accounts as proposed by the Senate. 

OPERATIONS, RESEARCH, AND FACILITIES

(INCLUDING TRANSFERS OF FUNDS)

The conference agreement includes total funding of 

$2,872,065,000, instead of $2,324,000,000 as proposed by the 

House. The Senate bill included $4,109,646,000 under a new ‘‘Operations, Research, Facilities, and Systems Acquisition’’ account 

which included funding for activities under this account. Of the 

amount provided, $65,000,000 is from balances in the account entitled, ‘‘Promote and Develop Fishery Products and Research Pertaining to American Fisheries’’, instead of $79,000,000 as proposed 

by the House, and $57,000,000 as proposed by the Senate. The net 

appropriation from the General Fund is $2,804,065,000. 

Language is included prohibiting any general administrative 

charge against an assigned activity in this Act or the accompanying 

report. An exception is provided to facilitate the modernization of 

NOAA’s grant systems. The conferees endorse the language in the 

Senate report emphasizing the need to expedite financial assistance to grantees. 

Language is also included capping the amount provided for corporate services administrative support at $171,530,000, and capping the amount available to the Department of Commerce Working Capital Fund at $39,500,000. 

The conference agreement stipulates that any deviation from 

the amounts designated for specific activities in the report accompanying this Act shall be subject to the procedures set forth in section 605 of this Act. 

The conference agreement includes, by reference, language in 

the House report regarding the submission of a report on amounts 

planned for line office personnel and overhead, and a report on positions, full-time equivalents, and salary-related costs for each line 

office. 

The conferees support the intent of the Senate report language 

connecting the NOAA budget with the agency’s strategic plan and 

goals. However, the conferees were surprised to learn through 

NOAA’s appeal in response to the Senate bill that the agency is unVerDate Aug 04 2004 07:33 Dec 01, 2004 Jkt 096906 PO 00000 Frm 00793 Fmt 6601 Sfmt 6601 E:\HR\OC\HR792.XXX HR792
790 

able to track its funds or execute its budget in alignment with its 

strategic goals. Accordingly, the language proposed by the Senate 

has not been adopted. The conferees have, however, provided a 

crosswalk for appropriated amounts between strategic goals and 

line offices in the financial tables included in this statement. 

The following table identifies the activities, sub-activities, and 

projects funded in this appropriation: 

791 


Insert graphic folio 802/2228 HR792.001
792 


Insert graphic folio 802/2229 HR792.002
793 


Insert graphic folio 802/2230 HR792.003
794 


Insert graphic folio 802/2231 HR792.004
795 


Insert graphic folio 802/2232 HR792.005
796 


Insert graphic folio 802/2233 HR792.006
797 


Insert graphic folio 802/2234 HR792.007
798 


Insert graphic folio 802/2235 HR792.008
799 


Insert graphic folio 802/2236 HR792.009
800 


Insert graphic folio 802/2237 HR792.010
801 


Insert graphic folio 802/2238 HR792.011
802 


Insert graphic folio 802/2239 HR792.012
803 


Insert graphic folio 802/2240 HR792.013
804 

NOAA OCEANS AND COASTS/NATIONAL OCEAN SERVICE

The conference agreement includes a total of $548,788,000 for 

activities of the National Ocean Service (NOS). The conference 

agreement adopts, by reference, language in the House report on 

the hydrographic survey backlog, and on the strategy for the use 

of private mapping services. The conference agreement adopts, by 

reference, language in the Senate report regarding NOAA’s Integrated Coastal Ocean Observing System, including the important 

contributions of the National Data Buoy Center and the National 

Center for Environmental Prediction (NCEP) Environmental Modeling Center. 

The conferees agree that amounts provided to address the hydrographic survey backlog on the line items ‘‘North Pacific Maritime Boundary Line’’, ‘‘Gulf of Alaska’’ and ‘‘North Pacific’’ may be 

used to contract for hydrographic services in Alaska in areas defined as ‘‘navigationally significant’’ in the current edition of the 

NOAA Hydrographic Survey Priorities. 

The conference agreement includes funding for NOAA to consult with and provide assistance to the Departments of Defense 

and Interior and the Environmental Protection Agency in carrying 

out their responsibilities in cleaning up Vieques, Puerto Rico. 

The conference agreement for the Marine Sanctuary Program 

includes $2,000,000 for the conservation of artifacts related to the 

USS MONITOR, including the vessel’s turret and engine. These 

funds are provided for that grant in addition to the amounts currently provided for public education, the housing of MONITOR archives, and artifact conservation. The conferees expect that MONITOR exhibits will reference any support provided by NOAA and 

the Marine Sanctuary Program. The conference agreement for the 

Marine Sanctuary Program also includes $500,000 to be used for 

international marine sanctuary and reserve issues, including, but 

not limited to, the work with the Galapagos Islands Marine Reserve. The conferees expect funds will be allocated, from within 

amounts provided for the Marine Sanctuary program, for conservation activities at the Monterey Bay National Marine Sanctuary Exploration Center. 

The conference agreement adopts, by reference, report language regarding Pier Romeo and a Memorandum of Understanding 

between the NOS Assistant Administrator and other Federal agencies as proposed by the Senate. 

NOAA FISHERIES/NATIONAL MARINE FISHERIES SERVICE

The conference agreement includes $674,199,000 for the operations of the National Marine Fisheries Service (NMFS). 

The conference agreement adopts, by reference, language proposed by the House regarding continuation of funding for implementation of a West Coast in-season harvest data collection system. The conference agreement also includes, by reference, language in the House report regarding the development of forensic 

tools, the protection of consumers from bacteria in raw molluscan 

shellfish, and the continuation of funding for the Gulf and Atlantic 

Foundation for education programs regarding Vibrio vulnificus. 

805 

The conference agreement includes additional funding for marine mammal activities, as proposed by the Senate. Of the funding 

provided for Dolphin Encirclement, NMFS is directed to dedicate 

funding and efforts on revising downward its definition of a vessel 

that is not capable of setting on or encircling dolphins to reflect the 

fact that vessels smaller than 400 short tons are known to engage 

in this practice. 

The conference agreement adopts, by reference, language proposed by the Senate under the heading Native Hawaiian Observer 

Program. 

Within funds provided for Habitat Conservation, the conferees 

encourage NOAA to work with the Ocean Resources Enhancement 

and Hatchery Program in California, if warranted, and to support 

the program’s efforts to evaluate the effectiveness of marine replenishment. 

The conference agreement includes funding for maintenance, 

operations, and lease costs of all NMFS labs. The conference agreement includes, by reference, language in the House report regarding future NMFS base budget requests. 

The conferees urge NOAA to continue support for Virginia 

Trawl Survey activities. 

NOAA RESEARCH/OCEANIC AND ATMOSPHERIC RESEARCH

The conference agreement includes $409,278,000 for the Oceanic and Atmospheric Research (OAR) line office. 

The conference agreement adopts, by reference, language in 

the House report on ballast water exchange programs; forecasting 

models for beach closings; coordination of efforts to protect the 

Great Lakes, including a report on mercury contamination; and responding to the report of the Research Review Team. 

The conferees reject the proposed reductions in the budget request to continue activities at the fiscal year 2004 level for 

paleoclimate and abrupt climate change research; for social science 

research related to climate variability, including the human dimensions of climate change; and for educational outreach. 

Funding is included in the Climate Research account for Joint 

and Cooperative Institutes for the institutes to continue their work 

at fiscal year 2004 levels. The conferees direct NOAA to fund all 

Joint Institutes on a fully annualized basis for fiscal year 2005. 

The conference agreement adopts, by reference, language regarding the Economic Development Alliance of Hawaii, and language regarding the Hawaii Marine Invasives Program, as proposed by the Senate under the National Marine Fisheries Service. 

The conference agreement adopts, by reference, language in 

the Senate report regarding the distribution of funds for the Ocean 

Exploration Program and the National Undersea Research Program (NURP), including the participation in the Ocean Exploration 

Program. 

NOAA NATIONAL WEATHER SERVICE

The conference agreement includes $710,796,000 for the operations of the National Weather Service (NWS). 

The conference agreement adopts, by reference, language in 

the House report on weather radio coverage in certain locations. 

806 

The conferees agree that the amount provided for Air Quality Forecasting includes $750,000 for efforts to establish air quality and 

meteorological monitoring equipment throughout the Shenandoah 

Valley as described in the House report. 

The conference agreement includes funding for the Susquehanna River basin flood system within funding for Advanced 

Hydrological Prediction Services. 

The conferees urge NOAA and NWS to take maximum advantage of capabilities and services that already exist in the commercial sector to eliminate duplication and maximize the accomplishment of the core mission of the NWS. 

The conference agreement adopts, by reference, language regarding the weather radar and office in Williston, ND, as proposed 

by the Senate. 

NOAA SATELLITES/NATIONAL ENVIRONMENTAL SATELLITE, DATA, AND

INFORMATION SERVICE

The conference agreement includes $178,319,000 for the operational and research and development programs of the National 

Environmental Satellite, Data, and Information Service (NESDIS). 

Data Dissemination.—The conferees are concerned that with 

the significant increase in oceanographic and environmental data 

collection in Hawaii and the American Flag Territories, including 

the Northwestern Hawaiian Islands, NOAA continues to have inadequate capacity to provide timely data and services to the region. 

The conferees urge NOAA to enhance its Pacific Ocean and environmental data services and specifically encourage NOAA to incorporate the ongoing data management and archival activities at the 

University of Hawaii’s Asia-Pacific Data Research Center (APDRC) 

as a critical component of an NOAA Pacific Ocean and Environment Information Center. 

NOAA-WIDE PROGRAM SUPPORT

The conference agreement includes $348,185,000 for Program 

Support. 

The conference agreement adopts, by reference, language in 

the Senate report regarding the NOAA Education Initiative. The 

agreement includes $6,500,000 for the Office of Education and new 

initiatives to improve K–12 environmental, science and math outreach and education. Of this amount, $100,000 is provided to replicate the successful ‘‘Science on a Sphere’’ environmental education 

technology display at the John C. Stennis Space Center’s Infinity 

Center facility. The conferees have shifted funding for a number of 

specific educational programs to the NOAA-wide program support 

area. As in past years, the BWET Hawaii program is to be managed by the Pacific Coastal Services Center. The amounts under 

the NOAA Ocean Exploration Program provided under NOAA Research include $1,500,000 to support the Sea Research Foundation’s Immersion Project as described in the Senate report. 

The conference agreement adopts, by reference, Senate report 

language regarding modernization of NOAA’s infrastructure, including the fleet of vessels and aircraft, and the fleet modernization 

plan. The referenced plan should also provide a breakdown by geographic region, including the Western Pacific. Within the marine 

807 

services activity, $15,350,000 is provided to ensure the full-year operation of the NOAA vessels OSCAR DYSON, FAIRWEATHER, 

NANCY FOSTER, and HI’IALAKAI, at standard operating tempos. 

The amounts within fleet planning and maintenance include 

$2,000,000 for these same vessels. The conference agreement includes $1,000,000 for staffing, training and planning for the newly 

dedicated NOAA ocean exploration vessel. The conference agreement also includes an increase of $2,100,000 above the budget request, and above the House and Senate bills, to offset fuel price increases for all NOAA ships and aircraft. 

The conferees agree that, within the amount provided for Marine Services, NOAA shall take the necessary actions to convey a 

decommissioned NOAA ship in operable condition to the Utrok 

Atoll local government as authorized by Public Law 108–219. Of the amounts provided for Facilities, $200,000 shall be used 

for completion of the Santa Cruz Laboratory sea water system. 

PLANNING AND PROGRAM INTEGRATION

The conference agreement includes $2,500,000 for Planning 

and Program Integration. 

PROCUREMENT, ACQUISITION AND CONSTRUCTION

The conference agreement includes $1,053,436,000 under this heading instead of $840,000,000 as proposed by the House. The 

Senate bill included funding for these activities under the ‘‘Operations, Research, Facilities, and Systems Acquisition’’ account. The 

conference agreement makes funding available for three fiscal 

years with exceptions for certain construction activities. 

The conference agreement includes language clarifying procurement authorities related to the National Polar-Orbiting Operational Environmental Satellite System. 

Of the amount provided for Maryland Chesapeake Bay Coastal and Estuarine Land Conservation projects, $1,000,000 is for Wapiti 

Farms and $300,000 is for Holly Grove. 

The conference agreement adopts, by reference, language regarding land acquisition and construction, including Section 2 (Fish 

& Wildlife Coordination Act), as proposed by the Senate. 

The conference agreement includes language proposed by the 

Senate requiring the submission of multi-year program cost estimates for each NOAA procurement, acquisition and construction 

program having a total multi-year cost of more than $5,000,000. The conference agreement includes $2,400,000 for acoustic 

quieting, outfitting and improvements for the OSCAR DYSON. The 

conferees understand that NOAA’s first acoustically quiet fisheries 

research vessel is not meeting its design specifications. The conferees are concerned about NOAA’s inability to adequately address 

this key design element within the original project budget and 

schedule. The conferees agree that NOAA shall submit a report to 

the Committees by January 1, 2005, addressing quieting issues in 

fisheries research vessels, including other vessels in the design and 

construction phase. The conference agreement includes $34,000,000 to complete 

funding for the construction of the third NOAA Fisheries Research 

Vessel; $5,600,000 for initial procurement of the fourth NOAA 

808 

Fisheries Research Vessel which will be homeported on the West 

Coast; and $9,300,000 to complete funding for the SWATH hydrographic vessel. 

The following distribution reflects the activities funded within 

this account: 

809 


Insert graphic folio 802/2249 HR792.014
810 


Insert graphic folio 802/2250 HR792.015
811 


Insert graphic folio 802/2251 HR792.016
812 

PACIFIC COASTAL SALMON RECOVERY

The conference agreement provides $90,000,000 for Pacific 

Coastal Salmon Recovery, instead of $80,000,000 as proposed by 

the House and $99,000,000 as proposed by the Senate. Language 

is included extending authorization for this program in fiscal year 

2005 and authorizing participation by the State of Idaho. 

Funds provided under this heading shall be allocated as follows: $24,000,000 for Alaska; $13,000,000 for California; $2,500,000 

for Columbia River Tribes; $4,500,000 for Idaho; $13,000,000 for 

Oregon; $8,000,000 for Pacific Coast Tribes; and $25,000,000 for 

Washington. 

With respect to the amounts for Alaska, the conferences agree 

to the following allocation: $3,500,000 is for the Arctic YukonKuskokwim Sustainable Salmon initiative; $1,000,000 is for the 

Cook Inlet Fishing Community Assistance Program; $500,000 is for 

the Yukon River Drainage Association; $3,368,000 is for Fairbanks 

hatchery facilities; $250,000 is for an initiative to redefine optimum 

goals for sockeye, chinook, and coho stocks; $2,500,000 is for the 

NSRAA Hatchery; $500,000 is for Coffman Cove king salmon; 

$250,000 is for the State of Alaska to participate in discussions regarding the Columbia River hydro-system and for fisheries revitalization; $100,000 is for the United Fishermen of Alaska’s subsistence program; $3,500,000 is to restore salmon fisheries in Anchorage at Ship Creek, Chester Creek, and Campbell Creek, including 

habitat restoration and facilities; $500,000 is for Alaska Village Initiatives to enhance salmon stocks; $800,000 is for Bristol Bay 

Science and Research Institute; $1,100,000 is for the Alaska Fisheries Development Foundation; $150,000 is for the State of Alaska 

for fishing rationalization research; $1,500,000 is for the State of 

Alaska for fisheries monitoring; $1,500,000 is for the Alaska 

SeaLife Center to restore salmon runs in Resurrection Bay; 

$500,000 is for the southeast Revitalization Association for its fleet 

stabilization program; $1,000,000 is for the Kenai River; and 

$200,000 is to restore the Craig watershed. 

Of the amounts provided to the State of Washington, 

$3,500,000 is for the Washington State Department of Natural Resources and other State and Federal agencies for purposes of implementing the State of Washington’s Forest and Fish report, and 

$3,000,000 is for the purchase of mass marking equipment used at 

Federal hatcheries in Washington State to promote selective fisheries and protect threatened and endangered species. 

Of the amounts provided to the State of Oregon, $1,000,000 is 

for conservation mass marking at the Columbia River Hatcheries. 

The conferees agree that NOAA shall report to the Committees 

by March 31, 2005, on final performance measures for this program, including an assessment of cumulative program effects on 

Pacific salmon stocks, and the identification of recovery needs of 

specific salmon populations as a resource for determining future 

funding allocations. 

COASTAL ZONE MANAGEMENT FUND

The conference agreement includes language allowing the 

transfer of up to $3,000,000 to the ‘‘Operations, Research, and FaVerDate Aug 04 2004 07:33 Dec 01, 2004 Jkt 096906 PO 00000 Frm 00816 Fmt 6601 Sfmt 6601 E:\HR\OC\HR792.XXX HR792
813 

cilities’’ account for the costs of implementing the Coastal Zone 

Management Act, as proposed by the Senate. 

FISHERMEN’S CONTINGENCY FUND

The conference agreement includes $499,000 for the Fishermen’s Contingency Fund, instead of no funding as proposed by the 

House and $956,000 as proposed by the Senate. 

FISHERIES FINANCE PROGRAM ACCOUNT

The conference agreement includes language proposed by the 

Senate providing $287,000 to subsidize up to $5,000,000 for Individual Fishing Quota loans and up to $59,000,000 for fishing capacity reduction loans, of which $40,000,000 may be used for the 

United States distant water tuna fleet, and $19,000,000 may be 

used or the United States menhaden fishery. 

OTHER 

DEPARTMENTAL MANAGEMENT

SALARIES AND EXPENSES

The conference agreement includes $48,109,000 for costs related to managing the Department of Commerce, instead of 

$52,109,000 as proposed in the House, and $55,550,000 as proposed 

in the Senate. The conference agreement includes $1,621,000 and 

12 full-time equivalents for the legislative affairs function of the 

Department. 

The conference agreement includes, by reference, language proposed in the House report regarding the security upgrades to the 

Herbert C. Hoover building, and language regarding office relocations. 

The conferees direct the Secretary of Commerce, in cooperation 

with the Secretaries of Energy and Labor, to examine and prepare 

a study on the economic impacts of rising natural gas prices on energy-intensive industries overseas. The conferees expect a report to 

be provided to the Committees on Appropriations no later than 120 

days after the enactment of this Act. 

UNITED STATES TRAVEL AND TOURISM PROMOTION

The conference agreement includes $10,000,000 for the United 

States Travel and Tourism Promotion program, instead of 

$20,000,000 as proposed by the Senate. The House did not include 

funding for this purpose. 

OFFICE OF INSPECTOR GENERAL

The conference agreement includes $21,660,000 for the Inspector General for fiscal year 2005, instead of $22,249,000 as proposed 

by the House and $21,071,000 as proposed by the Senate. 

GENERAL PROVISIONS—DEPARTMENT OF COMMERCE

The conference agreement includes the following general provisions for the Department of Commerce: 

814 

Section 201 making Department of Commerce funds available 

for advanced payments only upon certification of officials designated by the Secretary that such payments are considered to be 

in the public interest. 

Section 202 making appropriations for the Department for Salaries and Expenses available for hire of passenger motor vehicles, 

and for services, uniforms and allowances as authorized by law. 

Section 203 providing the authority to transfer funds between 

Department of Commerce appropriation accounts and requiring notification to the Committees of certain actions. 

Section 204 providing that any costs incurred by the Department in response to funding reductions shall be absorbed within 

total budgetary resources available. 

Section 205 prohibiting the use of Commerce Department 

funds for the purpose of reimbursing the Unemployment Trust 

Fund or any other account of the Treasury to pay unemployment 

compensation for temporary census workers. 

Section 206 designating amounts available in the ‘‘Promote and 

Develop Fishery Products and Research Pertaining to American 

Fisheries’’ fund and including language to provide authorities for a 

certain Board. 

Section 207 authorizing the Secretary of Commerce to operate 

a marine laboratory. 

Section 208 extending the availability of funds to administer 

the Emergency Steel Loan Guarantee Act of 1999. 

Section 209 providing the authority and amounts to administer 

a certain fishing capacity reduction program. 

Section 210 establishing the position of Coordinator for International Intellectual Property Enforcement. 

Section 211 designating funds for certain projects. 

Section 212 extending authorization for the environmental 

cleanup of the Pribilof Islands. 

Section 213 making permanent the conservation and management of marine mammals in the State of Hawaii. 

Section 214 establishing the Ernest F. Hollings Scholarship 

program. 

Section 215 regarding a certain land transfer. 

Section 216 regarding an ocean activities fund. 

Section 217 regarding E-government initiatives. 

Section 218 authorizing a fishing capacity reduction program. 

Section 219 authorizing a fishing capacity reduction program. 

Section 220 regarding a community development quota program. 

Section 221 designating funding for a fishing capacity reduction program. 

TITLE III—THE JUDICIARY 

The conferees adopt by reference the Senate report language 

regarding budgetary constraints and reminding the Judiciary that 

it should comply with section 605 of this Act. The conferees also 

adopt by reference the House report language concerning fast track 

programs. 

815 

SUPREME COURT OF THE UNITED STATES

SALARIES AND EXPENSES

The conference agreement includes $58,122,000 for the salaries 

and expenses of the Supreme Court, as proposed by the House and 

the Senate. The conferees adopt by reference House report language regarding public access to Supreme Court proceedings. The 

conferees also adopt by reference House and Senate report language regarding personnel and inflationary increases. 

CARE OF THE BUILDING AND GROUNDS

The conference agreement includes $9,979,000 for the Supreme 

Court ‘‘Care of the Building and Grounds’’ account, as proposed by 

the House, instead of $10,579,000 as proposed by the Senate. The 

conference agreement is $600,000 below the request because of the 

planned delay in renovating the Supreme Court’s kitchen. The conference agreement adopts by reference the House report language 

concerning budget requests to renovate the Court. 

UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT

SALARIES AND EXPENSES

The conference agreement includes $21,780,000 for the United 

States Court of Appeals for the Federal Circuit, instead of 

$20,624,000 as proposed by the Senate and $22,936,000 as proposed by the House. The conferees adopt by reference Senate report 

language regarding funding for a Deputy Circuit Executive, a disaster recovery plan, and an independent security assessment. 

Consistent with the budget request, the amount provided in- cludes $541,000 transferred from the Court Security appropriation 

for eight court security officers currently stationed at the Court of 

Appeals for the Federal Circuit. In addition, the conferees have become aware that the Federal Circuit relies on an annual reimbursement from the Courts of Appeals, District Courts, and Other 

Judicial Services, Salaries and Expenses account to cover certain 

costs associated with library operations. To eliminate the need for 

this reimbursement, the amount provided includes $400,000 for library expenses that have previously been transferred from the 

Courts of Appeals, District Courts, and Other Judicial Services, 

Salaries and Expenses account. 

UNITED STATES COURT OF INTERNATIONAL TRADE

SALARIES AND EXPENSES

The conference agreement includes $14,888,000 for the U.S. 

Court of International Trade, as proposed by the House, instead of 

$14,060,000 as proposed by the Senate. 

COURTS OF APPEALS, DISTRICT COURTS, AND OTHER JUDICIAL

SERVICES

SALARIES AND EXPENSES

The conference agreement provides $4,177,244,000 for the salaries and expenses of the Courts of Appeals, District Courts, and 

816 

Other Judicial Services, as proposed by the House, instead of 

$4,131,487,000 as proposed by the Senate. The amount provided 

assumes that Federal Protective Service charges are funded in the 

Court Security account. 

Office of Probation and Pretrial Services.—The conferees adopt 

by reference the Senate report language on the Office of Probation 

and Pretrial Services in the Southern District of Florida. 

The Edwin L. Nelson Local Initiative Program.—Within 30 

days of enactment of this Act, the Administrative Office (AO) will 

report to the Committees on Appropriations the financial status of 

this program. This report, at a minimum, will include a list of all 

courts that have received grants to date, the reasons for the grants, 

and the amounts provided. Hereafter, the AO shall submit this information on a quarterly basis. 

VACCINE INJURY COMPENSATION TRUST FUND

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

DEFENDER SERVICES

The conference agreement includes $676,385,000 for the Federal Judiciary’s Defender Services account, instead of $676,469,000 

as proposed by the House and $648,116,000 as proposed by the 

Senate. 

The conferees adopt by reference the Senate report language 

regarding an increase in the hourly rate for panel attorneys in capital cases and an increase in the case compensation maximum for 

panel attorneys in non-capital cases. The conferees also adopt by 

reference the Senate report language concerning training programs 

by the Federal Defender’s Office in the Southern District of Florida. 

The conference agreement includes section 119 supporting a 

pilot program with the Bureau of Prisons and the Federal Public 

Defender’s Office in the Southern District of Florida. By October 

15, 2005, the Defender’s Office should report to the Committees on 

Appropriations on the cost savings achieved by this pilot program. 

FEES OF JURORS AND COMMISSIONERS

The conference agreement includes $61,535,000 for Fees of Jurors and Commissioners, instead of $62,800,000 as proposed by the 

House and Senate. The conference agreement fully funds the Judiciary’s latest estimate of needs for this account. 

COURT SECURITY

The conference agreement includes $332,000,000 for the Judiciary’s Court Security Account, instead of $379,580,000 as proposed 

by the House and $274,653,000 as proposed by the Senate. 

The conference agreement includes the transfer of the Federal 

Protective Service (FPS) charge from the Salaries and Expenses account to this account. The conferees understand that the FPS has 

not provided the Administrative Office (AO) of the U.S. Courts with 

a detailed justification to substantiate the 34 percent increase in 

FPS security costs assessed to the judiciary in fiscal year 2005, as 

817 

discussed in the Senate report. The conferees are unable to confirm 

the need for an increase, and therefore the conference agreement 

only provides $58,000,000 for FPS security charges, which is the 

fiscal year 2004 payment plus an inflationary cost increase. 

ADMINISTRATIVE OFFICE OF THE UNITED STATES COURTS

SALARIES AND EXPENSES

The conference agreement includes $68,200,000 for the Administrative Office of the United States Courts (AOUSC) instead of 

$68,635,000 as proposed by the House and $67,249,000 as proposed 

by the Senate. The conferees adopt by reference the Senate report 

language concerning cost saving measures, new positions for program oversight, the Edwin L. Nelson Local Initiatives program, 

and requirements for reprogramming actions under section 605. 

FEDERAL JUDICIAL CENTER

SALARIES AND EXPENSES

The conference agreement includes $21,737,000 for salaries 

and expenses of the Federal Judicial Center as proposed by the 

House, instead of $21,670,000 as proposed by the Senate. 

JUDICIAL RETIREMENT FUNDS

PAYMENT TO JUDICIARY TRUST FUNDS

The conference agreement includes $36,700,000 for payment to 

various judicial retirement funds, as proposed by the House and 

Senate. 

UNITED STATES SENTENCING COMMISSION

SALARIES AND EXPENSES

The conference agreement includes $13,304,000 for the U.S. 

Sentencing Commission, as proposed by the House instead of 

$12,404,000 as proposed by the Senate. 

GENERAL PROVISIONS—THE JUDICIARY

Section 301.—The conference agreement includes a provision 

allowing appropriations to be used for services as authorized by 5 

U.S.C. 3109. 

Section 302.—The conference agreement includes a provision 

related to the transfer of funds. 

Section 303.—The conference agreement includes a provision allowing up to $11,000 to be used for official representation expenses of the Judicial Conference of the United States. 

Section 304.—The conference agreement includes a provision 

raising the compensation maximums for Criminal Justice Act panel 

attorneys. 

Section 305.—The conference agreement includes a provision 

requiring the Administrative Office to submit an annual financial 

plan for the Judiciary. 

Section 306.—The conference agreement includes a provision 

allowing for a salary adjustment for Justices and judges. 

818 

Section 307.—The conference agreement includes a provision 

changing the fee structure for district court filings. 

Section 308.—The conference agreement includes a provision 

changing the Central Violations Bureau processing fees. 

TITLE IV—DEPARTMENT OF STATE AND RELATED AGENCY 

In total, the conference agreement includes $8,882,787,000 for 

the Department of State and the Broadcasting Board of Governors. 

Of the total amount provided, $8,750,187,000 is derived from general purpose discretionary funds and $132,600,000 is scored as 

mandatory spending. This funding level includes significant program increases to improve diplomatic readiness and security. The 

conference agreement includes $1,571,022,000 to continue worldwide security activities, including the design and construction of replacement facilities for the most vulnerable overseas posts. 

DEPARTMENT OF STATE 

The conference agreement for the Department of State is intended to continue the Department’s efforts to meet emerging diplomatic requirements, strengthen diplomatic and border security, 

and institute sweeping management reforms. In the past five fiscal 

years, the Congress has provided appropriations to significantly increase the Department’s operating budget, including funding to 

support the hiring and training of new employees. 

The conference agreement includes a total of $8,283,227,000 

for fiscal year 2005 for the Department of State. Of the total 

amount provided, $8,150,627,000 is derived from general purpose 

discretionary funds and $132,600,000 is scored as mandatory 

spending. The conferees expect that this funding level will allow 

the Department to meet critical embassy security and staffing requirements, modernize its technology and equipment, and continue 

vigorous management reform initiatives to right-size America’s 

overseas presence. 

The conference agreement includes a total of $6,314,122,000 

for the discretionary appropriation accounts under Administration 

of Foreign Affairs; $1,672,000,000 for International Organizations; 

$64,130,000 for International Commissions; and $100,375,000 for 

other activities. The conferees’ priorities for the Department of 

State are delineated in the following paragraphs. 

ADMINISTRATION OF FOREIGN AFFAIRS

DIPLOMATIC AND CONSULAR PROGRAMS

The conference agreement includes $4,228,702,000 for the Diplomatic and Consular Programs account, instead of $4,278,701,000 

as proposed by the House and $4,151,755,000 as proposed by the 

Senate. The conference agreement includes $658,702,000 to continue funding for worldwide security upgrades, and $319,994,000 

for public diplomacy programs. The conference agreement represents an increase of $165,214,000 above the fiscal year 2004 appropriation, excluding emergency appropriations. 

Right-sizing.—The conferees urge the Department to move forward expeditiously with its right-sizing plan. Right-sizing refers to 

819 

the reconfiguration of overseas U.S. Government personnel to the 

number necessary to achieve U.S. foreign policy goals. The conferees recognize that, as the property manager for all U.S. Government properties overseas, the Department of State faces considerable pressure to accommodate ever-greater numbers of non-State 

Department personnel in its overseas facilities. Given the increasing security vulnerabilities of U.S. Government personnel and facilities, the conferees strongly urge the Department to use the most 

stringent criteria for determining overseas staffing levels. In addition, the conferees expect the staffing decision-making mechanism 

used for the U.S. mission in Iraq to be the model for future rightsizing efforts. 

For any right-sizing framework to be effective, it must have 

two main components: (1) a process for determining, internally, the 

appropriate number of State Department personnel stationed overseas, and (2) an interagency process for determining the appropriate number of non-military U.S. government personnel stationed 

overseas. To this end, the conference agreement designates 

$3,000,000 for the Department to continue the operations of the Office on Right-Sizing the United States Overseas Presence. The conferees expect that this Office, which shall continue to report directly to the Undersecretary for Management, will lead the Department’s effort to develop internal and interagency mechanisms to 

better coordinate, rationalize, and manage the deployment of U.S. 

government personnel overseas. The conferees expect the Office of 

Right-Sizing to report to the Committees on Appropriations each 

year on June 1 regarding the trends in overseas staffing, and support for Chiefs of Mission (COM) and to undertake a review of certain posts, as described in the Senate report. 

As part of the overall right-sizing function, the conferees encourage the Department to review the International Cooperative 

Administrative Support Services (ICASS) system to ensure that the 

system contributes to right-sizing efforts. 

The conferees commend the Department for its recent steps to 

strengthen internal processes for determining staffing projections 

for overseas personnel needs. However, more needs to be done. The 

conferees are not aware of any right-sizing analysis in the past several years that has resulted in a proposed reduction to a countrywide staffing presence. The conferees are supportive of the concept 

of regionalization. Regionalization refers to the practice of basing 

certain administrative functions and personnel in regional centers, 

or ‘‘hubs’’, thereby creating efficiencies. The conferees note that the 

Department continues to make less than notable progress towards 

developing an interagency right-sizing process, but anticipates that 

the capital security cost sharing plan will create new right-sizing 

incentives to facilitate meeting the conferees’ expectations. Language is included establishing and outlining the requirements of 

the Department’s capital cost sharing plan to encourage other Federal agencies to examine more closely whether the personnel they 

send overseas are truly mission-critical. The conferees remind the 

Department that this interagency process should not supercede the 

authority of COMs to determine the composition of their posts, but 

rather, to serve as a tool and support mechanism. The post must 

remain at the center of the right-sizing process. 

820 

Border Security Program.—The conference agreement includes $836,480,000 for the Department’s Border Security Program, of 

which $75,000,000 is from appropriated funds, $661,480,000 is 

funded through the collection of Machine Readable Visa (MRV) 

fees, and approximately $100,000,000 is to be funded through a 

proposed Enhanced Border Security Program Fee. The conferees 

expect this funding to provide for an increase of 60 new consular 

positions, for a total position base of 2,585 positions by the end of 

fiscal year 2005. The conferees direct the Department to continue 

its bimonthly reporting on MRV fee revenues as specified in the 

conference report accompanying the fiscal year 2003 Supplemental 

Appropriations Act (Public Law 108–11). Disruption of the border 

security program due to a MRV fee shortfall must be avoided at all 

costs. The conferees would therefore entertain a reprogramming of 

funds out of the Diplomatic and Consular Programs account to 

cover any unanticipated shortfall in the Department’s Border Security Program. 

The conference agreement adopts, by reference, language as 

proposed in the House report concerning efforts to strengthen the 

visa process to make it an effective anti-terrorism tool. Further, the 

conference agreement adopts, by reference, language in the Senate 

report concerning the Interagency Study on the Visa Clearance 

Process. The conferees require the Department of Justice to work 

with the Departments of Homeland Security and State on this effort. 

Within the amount provided, $175,000 is to support the United States’ membership in the Arctic Council and $40,000 is to support 

the United States’ membership in the Bering Straits Commission. 

The former includes funds for representation expenses and travel 

for United States delegates. 

The conference agreement includes language increasing the 

fees the Department of State may collect for passports and immigrant visas. 

Public Diplomacy.—The conference agreement includes language designating $319,994,000 for the Department’s Public Diplomacy program. The conferees continue to believe that separately 

identifying public diplomacy resources will facilitate monitoring 

funding levels and trends for these activities. The need to strengthen our public diplomacy has gained urgency as we continue to see 

alarming public opinion polls and foreign media content relating to 

the war on terrorism and the war in Iraq that reveal profound antiAmerican sentiments, and often a rejection of our values. The need 

for expanded efforts is primarily, but not exclusively, in the Arab 

and Muslim world. The conferees direct the Department to submit 

reports outlining the criteria for measuring performance of these 

expanded efforts, and expect these reports to be submitted to the 

Committees on Appropriations on a quarterly basis. 

The conference agreement adopts language as proposed in the 

House report regarding the American Corners program. The conference agreement also adopts language regarding efforts to 

counter disinformation and deliberate misinformation. 

The conferees urge the Department to review the recommendations made by the Defense Science Board Task Force on Strategic 

Communication in their September 2004 report. 

821 

The conferees commend the Department on the establishment 

of an office of policy, plans, and resources within the Office of the 

Under Secretary for Public Diplomacy and Public Affairs; and the 

recent efforts and proposed plans to strengthen the authority of the 

Under Secretary to improve accountability for public diplomacy resources. The conferees continue to urge the Department to improve 

interagency coordination; increase resources dedicated to program 

performance measurement and research; expand the English language office; support speaker and fellows programs; expand American studies programs, including American Corners; and increase 

public diplomacy staff with better language skills. The conferees 

adopt, by reference, language in the Senate report concerning the 

Department’s Public Diplomacy Strategy, PD Global Forum, and 

Micro-grants. 

The conference agreement includes, by reference, language in 

the Senate report regarding the refining of a public diplomacy 

strategy, including the harmonization of mission and strategy with 

the Broadcasting Board of Governors, and the incorporation of ongoing international assistance and volunteer programs into public 

diplomacy. 

The conference agreement adopts, by reference, language included in the Senate report concerning the 9/11 Commission Report, including a report on how the Department intends to implement its recommendations. 

The conferees include $2,500,000 for the Ambassador’s Fund 

for Cultural Preservation. Currently, there is no greater need for 

achieving understanding than in the Middle East. Therefore, within amounts available, at least $500,000 is for projects in the Middle 

East. 

The conference agreement adopts, by reference, language included in the Senate report concerning Continuing Overseas Language Training and provides $6,000,000 for this purpose. 

Cultural Antiquities Task Force.—The conference agreement also includes $1,000,000 for a cultural antiquities task force as described in the Senate report. The task force will coordinate with all 

relevant Federal law enforcement and cultural agencies to prevent 

further looting and promote preservation of Iraq’s historically and 

culturally significant works. The conferees expect the Department 

to create a database as described in the Senate report. The conferees further urge the Department to make changes to visa policies as they pertain to persons found to have looted, damaged, or 

trafficked historically or culturally significant works. Finally, the 

conference agreement includes language proposed in the Senate report regarding a report on the creation of the Cultural Antiquities 

Task Force, funding requirements, and investigation of alleged 

damage to an Iraqi temple. 

North Korea.—The conference agreement adopts, by reference, 

language contained in the Senate report concerning an international conference on the human rights situation in North Korea. 

The conferees expect the conference to be administered by Freedom 

House. 

The conferees recognize the importance of the Special Envoy 

position created by Section 107 of Public Law 108–478 and include 

$1,000,000 for this purpose. The conferees expect that the Special 

822 

Envoy will be compensated at a level available to Ambassadors 

without portfolio, and that no full-time incumbent State Department official will fill this position. 

Anti-Semitism.—The conferees direct the State Department to 

work with the Organization for Security and Cooperation in Europe 

to support projects and personnel increases to combat anti-Semitism and intolerance. 

Intellectual Property Protection.—The conferees continue to be 

concerned regarding the adequacy of the Department’s infrastructure for fulfilling its responsibility to protect American intellectual 

property. The conference agreement includes language establishing 

the Office of International Intellectual Property Enforcement. The 

conference report adopts, by reference, Senate report language regarding a report to the Committees on Appropriations concerning 

intellectual property efforts. 

Post-conflict Response.—The conferees include language regarding the function of the Office of the Coordinator for Reconstruction and Stabilization, as proposed by the Senate, with the exception of a funding designation. The conferees support the Department’s establishment of the Office of the Coordinator for Reconstruction and Stabilization, which shall serve as the central entity 

to plan and coordinate United States Government civilian activities 

in pre- and post-conflict environments, and to react to complex contingencies. The conferees understand that this office will improve 

operational response time in the areas of reconstruction, stabilization, and humanitarian assistance. The conferees direct the Office 

to coordinate with bureaus within the State Department, other relevant U.S. agencies, and non-governmental organizations. The conference agreement adopts by reference language included in the 

Senate report regarding a description of this Office’s functions and 

a description of how the Office will coordinate with other bureaus 

in the Department and other agencies. The conferees expect to be 

notified of any expansion of the Office as required by section 605 

of this Act. 

War Crimes.—The conferees reiterate their support for the 

work of the Special Court for Sierra Leone. The purpose of the Special Court is to prosecute those who bear the greatest responsibility 

for the appalling violations of international and Sierra Leonean law 

and crimes against humanity perpetrated during the conflict in Sierra Leone. Charles Taylor, the former president of Liberia, has 

been indicted by the Special Court of Sierra Leone and faces 17 

counts of war crimes, crimes against humanity, and violations of 

international humanitarian law. Charles Taylor organized and ordered widespread and systematic attacks on the civilian population 

of Sierra Leone. According to the indictment, his supporters commonly used abductions, hacking off limbs, facial and bodily mutilations, and gang rapes to wage a terror campaign against civilians 

who supported the Revolutionary United Front in Sierra Leone. 

The conferees expect the Department to ensure that funding for the 

Special Court continues until all indictees are brought to justice expeditiously, including Charles Taylor. The conferees encourage the 

Bureau of African Affairs and the Special Court for Sierra Leone 

to work cooperatively to bring about this result. 

823 

International Religious Freedom.—The conference agreement 

continues funding for the Office of International Religious Freedom 

in the Bureau of Democracy, Human Rights and Labor. The conferees urge the Office to develop and implement comprehensive 

strategies to promote religious liberty, and to assist in the preparation of the Human Rights Reports and the Annual Report on International Religious Freedom. The conferees also expect the Office, in 

consultation with the U.S. Commission on International Religious 

Freedom, to work to further incorporate religious freedom themes 

in the Department’s public diplomacy programs. In addition, the 

conferees expect the Department to continue to integrate the internationally recognized right to freedom of religion into foreign service officer training at all levels. 

The conferees urge the Secretary of State to continue to every 

extent possible to monitor and promote religious freedom and 

human rights in China, Eritrea, India, Nigeria, Pakistan, Saudi 

Arabia, Sudan, Turkmenistan, Uzbekistan, and Vietnam. The conferees expect the Secretary of State to use all available forums and 

formal actions to address violations of religious freedom in these 

countries. The Secretary of State should continue to consult with 

the U.S. Commission on International Religious Freedom to promote religious freedom and human rights abroad. 

Sudan.—The conferees expect the Department to review current staffing levels at the U.S. Embasy in Khartoum and to address increased requirements at this post. The conferees direct the 

Department to report to the Committees on Appropriations on the 

findings of this review and any proposal for staffing increases by 

no later than 120 days after the enactment of this Act. 

Worldwide Security Upgrades.—The conference agreement in- cludes $658,702,000 for worldwide security upgrades as proposed 

by the Senate, instead of $658,701,000 as proposed by the House. 

The conference agreement includes $582,482,000 for ongoing security activities, including guard services, physical equipment, armored vehicles, personnel, training, and wireless communications; 

and State Department participation in TOPOFF III, a national 

counterterrorism exercise, at the funding level described in the 

Senate report. Language is included to continue $5,000,000 for the 

Center for Antiterrorism and Security Training. The conference 

agreement includes $43,400,000 to continue the perimeter/compound security initiative and $29,198,000 in program increases. 

The program increases include $4,000,000, for a total of 

$18,422,000 for the prevention and response to chemical or biological agents in various locations around the world; $14,698,000 to 

support an additional 71 security professional staff positions, including 6 special agents and 55 professional and administrative 

support positions; $4,500,000 for a total of $27,714,000, to maintain 

a five-year replacement cycle for armored vehicles; $3,000,000 to 

reduce the risk that information systems will be compromised; and 

$3,000,000 to improve electronic access to, and exchange of, security and law enforcement information. 

The conference agreement includes, by reference, language in 

the House report on the interagency task force to monitor the 

United Nations headquarters renovation project, intelligence and 

research, club drugs, trafficking in persons, minority recruitment 

824 

and hiring, overseas schools, ICASS, security of classified material, 

Tibet, and the U.S. presence in China. The conference agreement 

also includes, by reference, language in the Senate report on financial operations, foreign language proficiency, clean energy technology exports, international child abductions, marine environmental issues, and international trade. 

Food and Agriculture Organization.—Within funding provided 

under this heading, the conferees expect the Department to support 

the costs of an independent, outside evaluation of the operations 

and performance of the Food and Agriculture Organization. The 

conferees expect the Department to report to the Committees on 

Appropriations in both the House and Senate by no later than 

March 31, 2005. 

As in previous years, the conferees expect that there will be 

additional savings available to the Department, including vacancies 

in funded positions. The Department will have the ability to propose that savings be used for needs not funded by the recommendation through the normal reprogramming process. The conferees are 

concerned about the Department’s practice of resubmitting reprogramming requests that have previously been denied by the 

Committees on Appropriations. Reprogrammings should be resubmitted only if the circumstances surrounding the request or the request itself change substantially enough to warrant a reevaluation 

by the Committees. The conferees remind the Department that action by the Committees on Appropriations is required before the 

Department proceeds with any reprogramming action. 

The conference agreement includes language in the bill, similar 

to language in prior years, which: (1) permits not to exceed 

$4,000,000 to be transferred to the Emergencies in the Diplomatic 

and Consular Service account for emergency evacuations and terrorist rewards; (2) provides $1,426,000 in fees collected from other 

Executive Branch agencies and $490,000 from reserves for lease or 

use of facilities at the International Center Complex, as authorized 

by law; (3) provides not to exceed $15,000 from reimbursements, 

surcharges, and fees for use of Blair House facilities in accordance 

with the State Department Basic Authorities Act of 1956; (4) requires notification of Congress before processing licenses for the export of satellites to China; and (5) makes not to exceed $6,000,000 

in fee collections available until expended for various activities. 

CAPITAL INVESTMENT FUND

The conference agreement includes $52,149,000 for the Capital 

Investment Fund, as proposed by the Senate, instead of 

$100,000,000 as proposed by the House. The conference agreement 

includes two separate accounts for the Department’s information 

technology (IT) programs. The agreement includes language to create a new account, called the ‘‘Centralized Information Technology 

Modernization Program’’. The Capital Investment Fund will continue to provide funding only for new investments in IT, and the 

new account will provide funding for the maintenance of the Department’s IT infrastructure, including hardware and software refreshment and upgrades. 

The conference agreement adopts, by reference, language included in the Senate report concerning payroll consolidation, public 

825 

diplomacy support, centralization, messaging, and centralized management of information. The conference agreement includes 

$7,563,000 for public key infrastructure requirements to help secure interagency communications. 

CENTRALIZED INFORMATION TECHNOLOGY MODERNIZATION PROGRAM

The conference agreement includes $77,851,000 for a new account entitled Centralized Information Technology Modernization 

Program, instead of $102,951,000 as proposed by the Senate. The 

House did not provide funding for a new account. The conference 

agreement includes language establishing this new account to provide funding for the maintenance of the Department’s IT infrastructure, including hardware and software refreshment and upgrades. 

In addition, the Department is directed to develop a plan to 

implement a four-year replacement and modernization program for 

its classified and unclassified desktop computers, servers, network 

equipment, circuits, and software. The purpose of this plan will be 

to provide a blueprint for the maintenance of the Department’s network infrastructure to meet current and future needs and to ensure that the Department’s communications and information systems remain state-of-the-art. The Department is directed to update 

this plan on an annual basis. The Department shall provide the 

first such plan to the Committees on Appropriations no later than 

September 1, 2005, and every year thereafter at the time of submission of the President’s budget request to Congress. 

OFFICE OF INSPECTOR GENERAL

The conference agreement includes $30,435,000 for the Office 

of Inspector General (OIG) as proposed by the House, instead of 

$31,435,000 as proposed by the Senate. The conference agreement 

includes language, as carried in previous years, waiving the requirement for a five-year post inspection cycle. The conference 

agreement does not include language in the Senate report on U.S. 

diplomatic activities in Iraq. 

EDUCATIONAL AND CULTURAL EXCHANGE PROGRAMS

The conference agreement includes a total of $360,750,000 

under this heading, as proposed by the Senate, instead of 

$345,346,000 as proposed by the House. The following chart displays the conference agreement on the distribution of funds by program or activity under this account, including an estimated 

$5,400,000 in prior year recoveries and unobligated balances: 

Amount (in 

thousands) 

Academic Programs: 

Fulbright Students, Scholars, Teachers, Humphreys .................. $160,532 

Regional Graduate Fellowships/Junior Faculty Development .... 25,000 

Educational Advising and Student Services ................................ 3,500 

English Language Programs ......................................................... 8,381 

American Overseas Research Centers .......................................... 3,200 

South Pacific Exchanges ................................................................ 500 

Benjamin Gilman International Scholarship ............................... 2,600 

George Mitchell Fellowship Program ............................................ 500 

Tibet Exchanges ............................................................................. 600 

East Timor Exchanges ................................................................... 500 

826 

Amount (in 

thousands) 

Abraham Lincoln Study Abroad Fellowship Program ................. 250 

U.S.-Poland-Israel Exchange ......................................................... 250 

Montana Tech Foreign Exchange Program .................................. 150 

Disability Exchange Clearinghouse .............................................. 500 

Subtotal, Academic Programs .................................................... 206,463 

Professional and Cultural Programs: 

International Visitor Program ....................................................... 62,175 

Citizen Exchange Programs/Youth and Excellence ..................... 45,536 

Congress Bundestag Youth Exchange .......................................... 3,176 

Mike Mansfield Fellowship Program ............................................ 1,800 

Youth Science Leadership Institute of the Americas .................. 100 

Special Olympics ............................................................................. 1,000 

Global Perspectives Project and Public TV Conference ............... 750 

Africa Workforce Development Exchanges ................................... 400 

Arctic Winter Games ...................................................................... 200 

PSC U.S.-Pakistan Educator Development .................................. 250 

Institute for Representative Government ..................................... 500 

Council on Women World Leaders ................................................ 500 

Irish Institute ................................................................................. 750 

Northern Forum ............................................................................. 300 

Rule of Law Forum ......................................................................... 800 

Seed Programs ................................................................................ 600 

SIFE ................................................................................................. 250 

International Writing Program ..................................................... 200 

Atlantic Corridor ............................................................................ 250 

Interparliamentary Exchanges/Conferences ................................ 400 

Interparliamentary Conference on Human Rights and Religious Freedom ............................................................................. 250 

University of Miami Hemispheric Program ................................. 500 

Subtotal, Professional and Cultural Exchanges ....................... 120,687 

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

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

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

Deviations from distribution of funds under this heading will 

be subject to the normal reprogramming procedures under section 

605 of this Act. 

The conferees understand that, due to the absorption of the 

former Soviet Eastern European exchanges in this account, there 

are additional needs for funding in the ‘‘Exchanges Support’’ category. The Department is directed to apply, on a priority basis, any 

balances that may become available for this purpose. 

The conference agreement includes, by reference, Senate report 

language regarding the exchange visitor program, program regulations, the Fulbright Foreign Student Program with Iraq and Afghanistan, and working exchanges. 

The conference agreement continues a program begun in fiscal 

year 2000 to provide one-time funding to international exchange 

start-ups. The recommendation includes $100,000 for each of the 

following programs: the Middle East Information Portal; the Afghanistan Young Leaders Program at the University of NebraskaOmaha; the Flushing Council on Culture and the Arts’ Partnership 

Between Queens and Taipei; the Inuit Circumpolar Conference; 

and the Auschwitz Jewish Center’s Student Scholarship Program. 

827 

Of the amounts provided for Seed programs, $300,000 is available 

for exchange programs related to Operation Smile, Inc. 

The conferees support the expansion of the Partnerships for 

Learning program, which is an overarching theme for exchanges in 

which resources are shifted from lower to higher priority regions. 

Presently, and for the near future, the focus of the program is on 

engagement with the Arab/Muslim world. 

Within amounts specified in the chart, the conference agreement includes $14,500,000 for the Future Leaders Exchange Program, $2,700,000 for teacher and school administrator exchanges, 

Teaching Excellence Awards (including the Partners in Education 

program), and $4,700,000 for Junior Faculty Development Program 

exchanges. The conferees support the Youth Exchange Study program. 

The conference agreement adopts, by reference, language in 

the House report on Fulbright exchanges with Tibet; the Leaders 

in Education Initiative; Traditional Public-Private Partnership 

grants; artistic and cultural exchanges; minimizing unnecessary 

barriers to legitimate travel of exchange program participants; enhanced support for engaging Arab and Muslim audiences through 

exchange programs; allocation of funding for the Near East and 

South Asia regions; religious freedom; and the allocation of all resources under this account in accordance with worldwide policy priorities. 

REPRESENTATION ALLOWANCES

The conference agreement includes $8,640,000 for representation allowances as proposed by both the House and Senate. The 

conference agreement includes, by reference, language in the House 

report regarding the submission of a quarterly report on expenditures under this account. 

PROTECTION OF FOREIGN MISSIONS AND OFFICIALS

The conference agreement includes $9,894,000 under this 

heading as proposed by the House, instead of $5,000,000 as proposed by the Senate. The conference agreement includes, by reference, language in the House report regarding the Department’s 

treatment of reimbursement requests and the submission of a report on budgeting for protection expenses in light of heightened security measures. The conferees believe that local jurisdictions incurring such costs must submit a certified billing for such costs in 

accordance with program regulations. The conferees expect the Department to treat such submissions diligently and provide reimbursement for valid claims to local jurisdictions on a timely basis. 

The conferees recognize that, in those instances where a local jurisdiction will realize a financial benefit from a visit by a foreign dignitary through increased tax revenues, such circumstances should 

be taken into account by the Department in assessing the need for 

reimbursement under this program. 

EMBASSY SECURITY, CONSTRUCTION, AND MAINTENANCE

The conference agreement includes a total appropriation of $1,524,000,000 for Embassy Security, Construction, and MainteVerDate Aug 04 2004 07:33 Dec 01, 2004 Jkt 096906 PO 00000 Frm 00831 Fmt 6601 Sfmt 6601 E:\HR\OC\HR792.XXX HR792
828 

nance, as proposed by the House, instead of $1,376,758,000 as proposed by the Senate. The conference agreement designates 

$912,320,000 as available only for priority worldwide security upgrades, acquisition, and construction, the full amount requested for 

such activities. The conference agreement includes full requested 

wage and price increases for the Department’s Bureau of Overseas 

Buildings Operations (OBO). The conference agreement includes $912,320,000 for worldwide security upgrades, including $869,000,000 to continue the capital 

security program for constructing new secure replacement facilities 

for the Department’s most vulnerable embassies and consulates. 

Within the funds made available under this category, the conferees 

expect the Department to undertake new office building projects 

from among the highest priority facilities listed in the Long Range 

Overseas Buildings Plan. Projects funded under this account must 

follow a rigorous right-sizing methodology. 

The conferees expect that projects undertaken under this program will address the highest priority facilities from a security 

standpoint. The conference agreement supports the construction of 

seven new embassy compounds, two annex buildings, four United 

States Agency for International Development (USAID) buildings on 

secure embassy compounds, and acquisition of a number of secure 

sites for future embassy compounds. 

Brussels, Belgium.—The conferees understand that certain 

non-security requirements exist in the State facilities in Brussels. 

The conference agreement includes $2,500,000 for these requirements. 

The conference agreement includes such sums as necessary for 

the renovation of and seismic upgrades to the historic Palazzo 

Corpi building in Istanbul, Turkey, as determined by the Secretary. 

The conference agreement adopts, by reference, language included in the Senate report concerning Beirut, Lebanon, and Karachi, Pakistan, building size, and asset management funds. 

The conference agreement includes, by reference, language in 

the House report regarding compound security, security capital 

projects fully meeting existing security standards, immediate notification on serious security risks, reprogramming, and right-sizing. 

The conference agreement includes $15,000,000 to secure and 

protect soft targets, of which $10,000,000 is for security at overseas 

schools attended by dependents of U.S. Government employees; 

$8,000,000 for consular workspace improvements; and $25,000,000 

for buyout of uneconomic leases, as described in the Senate report. 

The recommendation includes language establishing the Capital Security Cost Sharing Program. Under this program, all agencies that have staff overseas under Chief of Mission authority will 

pay a fair share of urgent, security-driven capital projects undertaken to replace embassies and consulates at the most vulnerable 

posts. The goals of this program are two-fold. First, the program 

will accelerate the replacement of unsafe, unsecured and outdated 

diplomatic facilities that are used overseas by U.S. Government 

agencies. This is planned as a 14-year, $17,500,000,000 program to 

replace 150 vulnerable embassy and consulate facilities with new 

compounds that fully comply with statutory security requirements. 

Second, the program will create incentives within all government 

829 

departments and agencies to scrutinize and ‘‘right-size’’ their overseas presence to avoid unnecessary costs and security risks. 

Each agency with staff overseas under Chief of Mission authority has, built into their fiscal year 2005 budget request, an annual 

contribution towards construction of new secure diplomatic facilities based on the number of positions overseas and the type of 

space occupied. These contributions do not take the place of State 

Department contributions, which are also growing, but create a 

larger, shared funding pool to accelerate replacement. In fiscal year 

2004, the conferees funded the ‘‘virtual’’ costs of the program by including a $120,000,000 increase to State Department appropriations. The recommendation assumes a total program level of 

$869,020,000 in fiscal year 2005 for Capital Security Construction, 

including $785,320,000 under this account. The total amount includes a continuing State Department base appropriation of 

$622,720,000. The additional amount generated by the Capital Security Cost Sharing program is $249,101,862, which consists of 

$160,186,300 from the State Department included under this account, and $88,915,562 from non-State agencies, based on positions 

worldwide. The conferees understand that there is an anticipated 

five-year phase-in period for the program, wherein the total Government-wide amount grows from $869,020,000 in fiscal year 2005, 

to $1,400,000,000, then remains at that level for the next 9 years. 

The conferees further understand that the program will include 

agency involvement in setting priorities, and in other aspects of the 

development of new embassy compounds. The conferees believe 

that the establishment of strong interagency coordination and cooperation will be critical to achievement of program goals, and encourage the Department and the Administration to ensure that the 

management of this program is inclusive, cooperative and transparent. 

The conference agreement includes $604,880,000 for operations 

and maintenance activities, including $76,729,000 in program increases. The conferees include $6,800,000 for headquarters operations. The conferees direct the Department to prioritize requested 

funding increases, and to specifically identify amounts above current services in a comprehensive spending plan to be submitted no 

later than 60 days after enactment of this Act. 

Assets Management.—The conference agreement designates 

$100,049,000 in assets management funds planned for obligation in 

fiscal year 2005, of which $25,000,000 is for buyout of uneconomic 

leases. Any use of assets management funds in fiscal year 2005 is 

subject to reprogramming, as stated in the Senate report. 

The conferees expect the Department to submit to the Committees any waiver or waivers signed by the Secretary of State in accordance with section 606(a)(2) and section 606(a)(3) of the Secure 

Embassy Construction and Counterterrorism Act of 1999 (Public 

Law 106–113) within five days of the Secretary’s signature of such 

a waiver or waivers. 

The conference agreement adopts language in the House report 

concerning reprogramming requirements. 

830 

EMERGENCIES IN THE DIPLOMATIC AND CONSULAR SERVICE

The conference agreement includes $1,000,000 under this heading, instead of $7,000,000 as proposed by the House, and instead of $1,000 as proposed by the Senate. The conference agreement anticipates that significant carryover balances from fiscal 

year 2004 will be available for obligation in fiscal year 2005. Within prior year unobligated balances, the conferees expect that 

$2,000,000 will be transferred to the Special Court for Sierra 

Leone, as proposed by the Senate. 

REPATRIATION LOANS PROGRAM ACCOUNT

The conference agreement includes $612,000 for the subsidy cost of repatriation loans and $607,000 for administrative costs of 

the program as proposed by both the House and Senate. 

PAYMENT TO THE AMERICAN INSTITUTE IN TAIWAN

The conference agreement includes $19,482,000 under this 

heading as proposed by both the House and Senate. The conference 

agreement includes, by reference, language in the House report regarding the submission of a fiscal year 2005 spending plan, except 

that such plan shall be submitted by February 28, 2005. 

PAYMENT TO THE FOREIGN SERVICE RETIREMENT AND DISABILITY

FUND

The conference agreement includes $132,600,000 under this 

heading, as proposed by both the House and the Senate. 

INTERNATIONAL ORGANIZATIONS

CONTRIBUTIONS TO INTERNATIONAL ORGANIZATIONS

The conference agreement includes $1,182,000,000 under this heading, instead of $1,194,210,000 as proposed by the House, and 

$1,020,830,000 as proposed by the Senate. 

The conference agreement includes, by reference, language in 

the House report regarding offset of exchange rate losses, reassessment of U.S. membership in certain international organizations, reform and budget discipline, the Organization for Economic Cooperation and Development, the North Atlantic Treaty Organization, the International Atomic Energy Agency, the Pan American 

Health Organization, and the costs of a direct loan to the United 

Nations for the cost of renovating its headquarters in New York. 

The conference agreement includes, by reference, language in the 

Senate report regarding the International Coffee Organization, the 

International Copper Study Group, and the International Rubber 

Study Group. 

The conference agreement includes language requiring the Secretary to transmit the most recent biennial budget for the operations of the UN. The conference agreement includes language, as 

in fiscal year 2004, providing that funds within the Diplomatic and 

Consular programs account may be used for a United States Government interagency task force to examine, coordinate, and oversee 

United States participation in the United Nations headquarters 

renovation project. The conferees direct the task force to coordinate 

831 

its efforts with OBO and to consult with senior OBO officials in formulating its recommendations. 

The conferees note the role of the UN in fighting diseases, providing humanitarian assistance, fostering conflict resolution, and 

providing an international forum for world issues. However, the 

conferees are concerned by recent developments in a number of 

areas. The conferees note that the United Nations Oil-for-Food program in Iraq is marred by allegations of corruption and that it 

aided or abetted a tyrannical regime and undermined the international community’s good will. Further, the conferees urge the UN 

to do more to mitigate or resolve the conflicts and humanitarian 

crises in Sudan, where war has ravaged the country for decades at 

the cost of millions of lives. Finally, the United Nations’ leadership 

and legitimacy are tarnished by continued failure to bring to justice 

those individuals involved in improper and illegal activities. 

United Nations Oil-For-Food Program.—The conferees direct 

the Department to bring all necessary resources to bear on the investigation of fraud and bribery allegations regarding the United 

Nations Oil-For-Food Program. The conferees expect the Department to provide all requested documentation to the U.S. Congress, 

and to provide any requested support to the Secretary General’s 

Independent Inquiry Committee. The conferees strongly support 

the Inquiry and expect the Inquiry Committee’s review to be thorough, rigorous, and expeditious. The conferees expect the Department to use the voice and vote of the United States to ensure the 

Inquiry be conducted in this manner. 

CONTRIBUTIONS FOR INTERNATIONAL PEACEKEEPING ACTIVITIES

The conference agreement includes a total funding level of $490,000,000 for payments for Contributions for International 

Peacekeeping Activities, instead of $650,000,000 as proposed by the 

House, and $574,000,000 as proposed by the Senate. The conferees 

remain concerned that the United States has voted in the United 

Nations Security Council to establish five new or expanded peacekeeping missions (Haiti, Burundi, Liberia, Cyprus, and Ivory 

Coast) without presenting the Committees on Appropriations with 

a viable plan to meet the current and future costs of such commitments. All but the Cyprus mission were approved by the Security 

Council and are underway and incurring costs. The Secretary of 

State testified that in such instances the Administration would request supplemental appropriations to cover these costs. The conferees expect that such a supplemental appropriation request will 

provide for the full UN peacekeeping assessments. 

The conference agreement includes language, as proposed by 

the Senate, regarding the adjustment of the rate at which the 

United States pays for the cost of United Nations peacekeeping 

missions. 

The conference agreement includes, by reference, language in 

the House report regarding UN peacekeeping in the Western Sahara; UN peacekeeping reform; benchmarks for mission performance and termination; UN peacekeeping in the Democratic Republic of the Congo; and the Office of Internal Oversight Services. The 

conference agreement includes, by reference, language in the Senate report regarding peacekeeping reports. The allocation of funds 

832 

under this account to specific missions shall be subject to the reprogramming requirements in section 605 of this Act. 

The conferees support the work of the Special Court for Sierra 

Leone, and expect the United Nations Mission in Sierra Leone to 

provide support, as necessary, to the Court. The conferees urge the 

Department to work with the Court and other nations to ensure 

the expeditious prosecution of indicted persons. 

INTERNATIONAL COMMISSIONS

INTERNATIONAL BOUNDARY AND WATER COMMISSION, UNITED STATES

AND MEXICO

The conference agreement includes a total of $32,554,000 for 

the International Boundary and Water Commission, United States 

and Mexico (IBWC). The total amount provided includes 

$27,244,000 for Salaries and Expenses and $5,310,000 for Construction. The conference agreement includes language authorizing 

not to exceed $6,000 for representation expenses. 

SALARIES AND EXPENSES

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

the House and $27,689,000 as proposed by the Senate. The conference agreement includes, by reference, language in the House 

report regarding the use of surplus operations and maintenance 

funding through reprogramming. 

CONSTRUCTION

The conference agreement includes $5,310,000 in new direct 

appropriations under this heading, instead of $4,475,000 as proposed by the House and $6,146,000 as proposed by the Senate. 

The conference agreement includes $1,750,000 for the Rio 

Grande Canalization Project and $1,000,000 for the Lower Rio 

Grande Flood Project/Levee Rehabilitation. 

The conferees encourage the IBWC to attempt, if possible, to 

achieve greater secondary treatment of Mexican sewage within current funding levels under this account. Any plan that assumes a 

significant increase in appropriations under this heading in future 

years is not feasible given resource restraints and competing priorities. 

Any additional obligations under this heading within the total 

spending level cited above, including any new project starts, shall 

be subject to the reprogramming process described in section 605 

of this Act. 

AMERICAN SECTIONS, INTERNATIONAL COMMISSIONS

The conference agreement includes a total of $9,594,000 under 

this heading, instead of $9,356,000 as proposed by the House, and 

$10,546,000 as proposed by the Senate. This amount includes 

$1,248,000 for the International Boundary Commission; $6,298,000 

for the International Joint Commission, including $200,000 for efforts concerning the Red River Basin, and $1,019,000 for the fifth 

and final year of the water regulation plan governing Lake Ontario 

833 

and the St. Lawrence River; and $2,049,000 for the Border Environment Cooperation Commission. 

INTERNATIONAL FISHERIES COMMISSIONS

The conference agreement includes $21,982,000 under this 

heading, the same amount as proposed by the Senate, instead of 

$19,097,000 as proposed by the House. The conference agreement 

includes $3,000,000 for the Pacific Salmon Commission, $2,100,000 

for the Inter-American Tropical Tuna Commission, $1,800,000 for 

the International Pacific Halibut Commission, $177,000 for the 

North Pacific Marine Science Organization, and $12,964,000 for the 

Great Lakes Fishery Commission, of which not less than $845,000 

is for lampricide in Lake Champlain. House language regarding 

Asian Carp is included by reference. The conferees expect the Department to allocate the balance of funds in the conference agreement, and, through the regular reprogramming process, any additional funds that may become available, to priority commissions. 

The conferees expect the Department to take immediate action 

to evaluate and prioritize United States participation in, and funding for, international fisheries commissions. In a climate of limited 

resources the conferees continue to insist that the Department operate within appropriated amounts, prioritize as necessary among 

commissions according to policy goals, take steps as necessary to 

withdraw from lower priority commissions, and refrain from entering into new commitments. 

OTHER

PAYMENT TO THE ASIA FOUNDATION

The conference agreement includes $13,000,000 under this 

heading, the same amount as proposed by the House. No funding 

was proposed by the Senate. 

CENTER FOR MIDDLE EASTERN-WESTERN DIALOGUE

The conference agreement includes $7,000,000 under this 

heading to be deposited in the International Center for Middle 

Eastern-Western Dialogue Trust for the perpetual operations of the 

Center in Istanbul, Turkey. Of the amounts provided $250,000 is 

for the steering committee, chaired by the Council of American 

Overseas Research Centers (CAORC), for the operations of the 

Center. 

EISENHOWER EXCHANGE FELLOWSHIP PROGRAM

The conference agreement includes an appropriation for fiscal 

year 2005 of interest and earnings from the Eisenhower Exchange 

Fellowship Program Trust Fund, expected to total $500,000. The 

conference agreement includes, by reference, language in the House 

report regarding geographical priorities and the selection of fellows. 

ISRAELI ARAB SCHOLARSHIP PROGRAM

The conference agreement includes an appropriation for fiscal 

year 2005 of interest and earnings of the Israeli Arab Scholarship 

Endowment Fund, expected to total $375,000. 

834 

EAST-WEST CENTER

The conference agreement includes $19,500,000 under this 

heading, as proposed by the Senate, instead of $5,000,000 as proposed by the House. 

NATIONAL ENDOWMENT FOR DEMOCRACY

The conference agreement includes $60,000,000 for the National Endowment for Democracy (NED), instead of $40,579,000 as 

proposed by the House and $50,000,000 as proposed by the Senate. 

The conferees strongly encourage both the NED and the four 

core institutes to focus available funding on the Middle East region, continuing work on electoral processes and political party development. The conferees commend the institutes for their contribution to the recent presidential election in Afghanistan and 

support similar work in future parliamentary elections. 

The conference agreement adopts, by reference, House report 

language reaffirming NED’s duty to ensure that all sponsored activities adhere to core NED principles and requiring a report on 

NED activities in Venezuela. 

The conference agreement includes $1,000,000 for a grant to 

support the creation of the Fern L. Holland Democracy Institute in 

Africa, as outlined in the House report. The conferees remain concerned that there is a lack of effectiveness and cohesion among the 

groups advocating for awareness and action on behalf of the victims of human rights abuses and the persecuted. The conferees 

provide $500,000 to be made available for programs designed specifically to promote basic human rights of ethnic minorities, including their right to maintain and exercise their culture, religion, and 

language, free from discrimination. 

RELATED AGENCY 

BROADCASTING BOARD OF GOVERNORS

INTERNATIONAL BROADCASTING OPERATIONS

The conference agreement includes $591,000,000 to carry out 

United States International Broadcasting Operations for fiscal year 

2005, instead of $601,740,000 as proposed by the House and 

$552,240,000 as proposed by the Senate. The conference agreement 

includes $64,969,000 for efforts to provide people of Arab and Muslim countries with accurate information about U.S. policies and values. The conferees provided initial start-up costs for a television 

program stream specifically tailored for the Iraqi audience in Public Law 108–106. The conferees expect the Broadcasting Board of 

Governors to provide quarterly status reports detailing the efforts 

to develop quality news and entertainment programs for the Arab 

and Muslim world. 

The conference agreement adopts, by reference, House language regarding broadcasting to Africa, language service reviews 

and research, and anti-jamming efforts. 

The conferees remain concerned about a potential blurring of 

the distinction between the international broadcasting conducted 

by the Broadcasting Board of Governors and that conducted by the 

835 

Defense Department. While the conferees continue to strongly support all necessary efforts to provide for national security, close collaboration with the Defense Department may foster misunderstanding among foreign audiences as to the principles and goals of 

BBG broadcasting. The BBG shall continue to notify the Committees in writing of any projects or programs to be undertaken with 

the Defense Department within 7 days of the beginning of such activities. The report should include a description of services provided 

and any financial arrangements between the entities. 

Security of Radio Free Europe/Radio Liberty Headquarters.— 

During fiscal year 2004, the RFE/RL was directed to work with the 

Department of State’s Bureau of Overseas Buildings Operations to 

develop a comprehensive site and cost assessment for relocation of 

the RFE/RL headquarters in Prague, the Czech Republic. The conferees are concerned that RFE/RL has informed the Committees on 

Appropriations that RFE/RL intends to sign a pre-lease contract. 

The conferees believe it would be premature for BBG and RFE/RL 

to proceed without a thorough explanation as to how specific relocation costs, as outlined in the report, will be absorbed in future 

years. The conferees direct BBG and RFE/RL to compile and submit a strategic funding plan for the intended relocation process no 

later than February 1, 2005. Until the long-term maintenance cost 

of a new building has been contemplated and endorsed by the BBG, 

no additional funds shall be provided to secure a site for relocation. 

The conferees expect funding decisions on the relocation to occur 

expeditiously given the expressed concern for the security of employees of RFE/RL. 

The conferees direct the BBG to report on Al Hurra’s coverage, 

audience, reception, and public response in the Arabic-speaking 

world. The report shall include the findings of an independent and 

validated public opinion poll. 

The conference agreement includes language designating 

$27,629,000 for Broadcasting to Cuba. 

The conferees continue to support Radio Free Asia’s broadcasting efforts in China, Tibet, Burma, Vietnam, North Korea, 

Laos, and Cambodia and VOA’s efforts in North Korea. The conference agreement includes funding to continue daily Uyghur 

broadcasts. 

The conferees expect the BBG to provide a spending plan to 

the Committees on Appropriations by no later than April 11, 2005. 

BROADCASTING CAPITAL IMPROVEMENTS

The conference agreement includes $8,560,000 for broadcasting 

capital improvements, as proposed by both the House and Senate. 

The conferees expect the Board to keep the Committees on Appropriations informed on the status of its efforts to acquire additional transmission capabilities in the Middle East, including 

Egypt. 

GENERAL PROVISIONS—DEPARTMENT OF STATE AND RELATED

AGENCY

The conference agreement includes section 401, permitting the 

use of funds for allowances, differentials and transportation. 

836 

The conference agreement includes section 402 dealing with 

transfer authority. 

The conference agreement includes section 403 prohibiting the 

use of funds by the Department of State or the Broadcasting Board 

of Governors to provide certain assistance to the Palestinian Broadcasting Corporation. 

The conference agreement includes section 404 clarifying the 

responsibilities of the Senior Policy Operating Group on Trafficking 

in Persons. The conferees understand that the Operating Group 

has been actively meeting and performing its designated functions 

since enactment of Section 406 of division B of Public Law 108–7. 

The conferees agree that all anti-trafficking policies, grants and 

grant policies shall be covered by the provisions of Section 406 of 

division B of Public Law 108–7. The conference agreement also includes language clarifying that the Senior Policy Operating Group 

and its chairman are the coordinating body (and official) accountable for Federal anti-trafficking policies, grants and grant policies. 

The language also makes clear that the coordinating responsibilities of the Operating Group are not intended to supercede the decision making authority of the constituent members of the Task 

Force to Monitor and Combat Trafficking in Persons, to whom Operating Group members continue to report. The Operating Group 

is, and was intended to serve as, the forum for interagency coordination of anti-trafficking policies, even as final decisions regarding 

any such policies are necessarily vested with the President and the 

senior officials who comprise the Task Force. The conferees agree 

that the Senior Operating Group and its chair have successfully 

performed the coordinating functions assigned to them. 

The conference agreement includes section 405 concerning the 

Department’s counterterrorism rewards program. 

The conference agreement includes section 406 regarding the 

recording of place of birth on certain passport applications. 

The conference agreement includes section 407 requiring the 

provision of certain information to the Committees on Appropriations. 

The conference agreement includes section 408 establishing 

and describing the functions of the Office of the Coordinator for Reconstruction and Stabilization. 

The conference agreement includes section 409 requiring the 

Secretary of State to review staffing at all overseas posts. 

The conference agreement includes section 410 waiving certain 

authorization requirements. 

The conference agreement includes section 411 adjusting the 

United States assessments for the United Nations Peacekeeping 

Missions. 

The conference agreement includes section 412 updating and 

conforming the Senior Foreign Service pay system. 

The conference agreement includes section 413 clarifying the 

Department’s authority to enter into settlements of claims. 

837 

TITLE V—RELATED AGENCIES 

ANTITRUST MODERNIZATION COMMISSION

SALARIES AND EXPENSES

The conference agreement includes $1,187,000 for the Antitrust Modernization Commission, instead of $1,200,000 as proposed 

by the House. The Senate did not fund this Commission. 

COMMISSION FOR THE PRESERVATION OF AMERICA’S HERITAGE

ABROAD

SALARIES AND EXPENSES

The conference agreement includes $499,000 for the Commission for the Preservation of America’s Heritage Abroad as proposed 

by the House, instead of $491,000 as proposed by the Senate. The 

conference agreement will allow the Commission to fund its administrative expenses through appropriated funds while relying on 

other sources of funding for actual purchase and restoration of 

property. 

The conference agreement includes, by reference, language in 

the House report under this heading. 

COMMISSION ON CIVIL RIGHTS

SALARIES AND EXPENSES

The conference agreement includes $9,096,000 for the salaries 

and expenses of the Commission on Civil Rights, as proposed by 

both the House and Senate. 

The conferees recommend language as included in previous 

years, which provides: (1) $50,000 to employ consultants; (2) a limitation of four full-time positions under schedule C of the Excepted 

Service, exclusive of one special assistant for each Commissioner; 

and (3) a prohibition against reimbursing Commissioners for more 

than 75 billable days, with the exception of the chairperson, who 

is permitted 125 billable days. 

COMMISSION ON INTERNATIONAL RELIGIOUS FREEDOM

SALARIES AND EXPENSES

The conference agreement includes $3,000,000 for the Commission on International Religious Freedom, as proposed by the House. 

The Senate did not provide funding for this Commission. The conference agreement includes language providing authority for the 

Commission to procure temporary services for a study on the right 

to freedom of religion in North Korea. 

The conference agreement includes, by reference, language in 

the House report under this heading. 

838 

COMMISSION ON SECURITY AND COOPERATION IN EUROPE

SALARIES AND EXPENSES

The conference agreement includes $1,831,000 for the Commission on Security and Cooperation in Europe as proposed by the 

House, instead of $1,598,000 as proposed by the Senate. 

The conference agreement includes, by reference, language in 

the House report under this heading. 

CONGRESSIONAL-EXECUTIVE COMMISSION ON THE PEOPLE’S

REPUBLIC OF CHINA

SALARIES AND EXPENSES

The conference agreement includes $1,900,000 for the Congressional-Executive Commission on the People’s Republic of China as 

proposed by the House, instead of $1,781,000 as proposed by the 

Senate. The amount provided includes $100,000 for the Political 

Prisoner Database as proposed by the House. 

The conference agreement includes, by reference, language in 

the House report under this heading. 

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

SALARIES AND EXPENSES

The conference agreement includes $331,228,000 for the salaries and expenses of the Equal Employment Opportunity Commission (EEOC) for fiscal year 2005, instead of $334,944,000 as proposed by the House and $327,511,000 as proposed by the Senate. 

The conference agreement adopts the House report language 

regarding the Alternative Dispute Resolution program, litigation 

support and outreach, and the New Freedom Initiative to remove 

barriers faced by people with disabilities. The conference agreement includes language regarding staffing levels in the field. 

The conference agreement includes language prohibiting the 

Commission from taking further action to implement workforce 

repositioning, restructuring, or reorganization unless the Committees on Appropriations have been notified in advance of such proposals, in accordance with the reprogramming procedures under 

section 605 of this Act. In this regard, the conference agreement includes the House report language regarding a spending plan. The 

conference agreement also adopts the House report language regarding the submission of quarterly status reports on projected and 

actual spending levels, by function, for repositioning, and the continued submission of quarterly reports on agency spending and 

staffing levels. 

The conferees again encourage the EEOC to use the experience 

the Fair Employment Practices Agencies (FEPAs) have in mediation as the Commission continues to expand its Alternative Dispute Resolution programs. The conference agreement also includes 

language similar to that included in previous Appropriations Acts 

allowing non-monetary awards to private citizens. Finally, the conference agreement provides up to $2,500 for official reception and 

representation expenses. 

839 

FEDERAL COMMUNICATIONS COMMISSION

SALARIES AND EXPENSES

The conference agreement includes $281,098,000 for the salaries and expenses of the Federal Communications Commission 

(FCC) for fiscal year 2005, instead of $279,851,000 as proposed by 

the House and $282,346,000 as proposed by the Senate. Of the 

amounts provided, $280,098,000 is to be derived from offsetting fee 

collections, resulting in a net direct appropriation of $1,000,000. 

The conference agreement includes, by reference, language in 

the House report regarding travel payments and public notice requirements for broadcast applications. The conference agreement 

includes, by reference, language included in the Senate report on 

broadcast television standards. 

The conference agreement allows the FCC to spend up to 

$85,000,000 to administer the spectrum auctions program. The conference agreement incorporates, by reference, House report language regarding the FCC’s accounting system. 

The conferees are aware that members of the armed services 

and their families make extensive use of prepaid phone cards to 

stay in contact. The FCC is considering subjecting these cards to 

increased regulation. The conferees direct the FCC not to take any 

action that would directly or indirectly have the effect of raising 

the rates charged to military personnel or their families for telephone calls placed using prepaid phone cards. 

Within amounts provided for on-going life cycle replacement of 

technical equipment in fiscal year 2005, the conferees encourage 

the FCC to follow through on its plan to modernize its Radio Frequency Radiation monitoring equipment by purchasing Selective 

Radiation Meter (SRM) units and anticipates that future budget requests will address replacement of outdated equipment. 

FEDERAL TRADE COMMISSION

SALARIES AND EXPENSES

The conference agreement includes $205,430,000 for the Federal Trade Commission (FTC), instead of $203,430,000 as proposed 

by the House and $207,730,000 as proposed by the Senate. Of the 

amounts provided, $101,000,000 is derived from Hart-Scott-Rodino 

premerger filing fees, $21,901,000 is derived from Do-Not-Call fees, 

and $82,529,000 is derived from discretionary appropriations. The 

amount provided fully supports the budget request. 

The conference agreement adopts by reference the Senate report language concerning the exposure of children to violent entertainment and on the Do-Not-Call program. The conference agreement also adopts by reference the Senate report language requiring 

a report on illegal pressure tactics applied to American fishermen 

who oppose mandatory country of origin labeling for seafood. 

The conference agreement continues language that was included in the fiscal year 2004 bill regarding enforcement of certain 

provisions of the Federal Deposit Insurance Act. 

840 

HELP COMMISSION

SALARIES AND EXPENSES

The conference agreement includes $1,000,000 for necessary 

expenses of the Helping to Enhance the Livelihood of People 

(HELP) Around the Globe Commission. 

LEGAL SERVICES CORPORATION

PAYMENT TO THE LEGAL SERVICES CORPORATION

The conference agreement includes $335,282,000 for the payment to the Legal Services Corporation, as proposed by the House, 

instead of $335,000,000 as proposed by the Senate. The conference 

agreement includes $1,833,000 to offset funding losses that have 

resulted from recent census-based reallocations. In addition to the 

amounts provided through the formula-based field grant program, 

the conferees direct LSC to distribute the additional $1,833,000 to 

the ten states that suffered the greatest losses from the census reallocation, in order to restore them to the funding level they would 

have received under the Senate bill. 

ADMINISTRATIVE PROVISION

The conference agreement includes bill language to continue 

the terms and conditions included under this section in previous 

Appropriations Acts. 

MARINE MAMMAL COMMISSION

SALARIES AND EXPENSES

The conference agreement includes $1,890,000 for the necessary expenses of the Marine Mammal Commission, as proposed 

by both the House and Senate. 

NATIONAL VETERANS BUSINESS DEVELOPMENT CORPORATION

The conference agreement includes $2,000,000 for the National 

Veterans Business Development Corporation as proposed by the 

House and the Senate. The conference report includes, by reference, House report language encouraging the Corporation to 

make its operations self-sustaining. 

SECURITIES AND EXCHANGE COMMISSION

SALARIES AND EXPENSES

The conference agreement includes $913,000,000 for the Securities and Exchange Commission, as proposed by the House and 

Senate. 

Staffing.—In fiscal year 2003, the Commission received funding for 840 new positions to protect investors and implement the 

Sarbanes-Oxley Act. The conferees understand that the Commission has had difficulty hiring accountants and examiners and direct 

the Commission to continue to work to fill all of the previously 

funded 840 positions as well as the 106 newly funded positions as 

quickly as possible and to provide the Committees on AppropriaVerDate Aug 04 2004 07:33 Dec 01, 2004 Jkt 096906 PO 00000 Frm 00844 Fmt 6601 Sfmt 6601 E:\HR\OC\HR792.XXX HR792
841 

tions with quarterly staffing reports. By April 15, 2005, the SEC 

shall report to the Committees on any proposals, including legislative changes, that may further the SEC’s ability to hire to authorized levels and to retain quality employees. 

The conference agreement adopts by reference the Senate report language concerning pay parity, enforcement, and information 

technology. The conference agreement adopts by reference the Senate report language requiring a monthly report to the Senate Appropriations Committee listing the exercise of stock options by corporate officers and directors. The conference agreement includes 

language requiring a report to the Senate Appropriations Committee justifying the recent rule that directors of mutual funds be 

independent. 

Within 90 days of enactment of this Act, the SEC shall provide 

a report to the Senate Appropriations Committee analyzing the impact upon individual and institutional investors and competing securities markets of the so-called ‘‘trade through’’ provisions of the 

proposed SEC Regulation New Market Structure (NMS). In formulating its report, the SEC should examine whether and how the 

adoption of the ‘‘trade through’’ provisions would affect investors’ 

ability to select the market where their securities trades will be 

carried out. The report shall also examine the interaction of automated and non-automated orders under Regulation NMS and the 

impact this would have on individual and institutional investors. 

The conferees are pleased that the SEC has recently established an Office of Global Security Risk within the Division of Corporation Finance. The SEC should inform the investment community of the existence and relevance of the new Office through the 

following actions: (1) announce the establishment of the Office on 

the SEC website; (2) issue a press release or send a letter to leading U.S. investment community members alerting them to the establishment of the Office; (3) convene a conference to address the 

various dimensions of global security risk and appropriate ways 

that the investment community might respond to it; and (4) establish an effective global security risk disclosure process. The conferees expect the SEC to continue to provide quarterly reports on 

the Office’s activities. 

SMALL BUSINESS ADMINISTRATION

The conference agreement provides a total of $579,516,000 for 

the five appropriations accounts of the Small Business Administration (SBA). Detailed guidance for the five SBA appropriation accounts is contained in the following paragraphs. 

SALARIES AND EXPENSES

The conference agreement includes $322,335,000 for the salaries and expenses account of the SBA instead of $315,362,000 as 

proposed by the House and $357,684,000 as proposed by the Senate. Of the amount provided under this heading, $186,772,000 is 

for operating expenses of the SBA. In addition, a total of 

$134,903,000 from other SBA accounts may be transferred to and 

merged with the salaries and expenses account resulting in a total 

availability of $321,675,000. The additional amount consists of 

842 

$126,653,000 from the Business Loans Program account and 

$8,250,000 from the Disaster Loans Program account for the administrative expenses related to those accounts. 

The conference agreement includes the full amount requested 

for Low Documentation Processing Centers and the conferees expect the SBA to continue to help small businesses adapt to a 

paperless procurement environment. 

The conferees adopt by reference the House report language 

concerning the loan monitoring system. The conferees adopt by reference the requirement to provide a report on the e-gov program 

and the agency’s efforts to increase efficiency and improve customer service. 

Non-Credit Programs.—The conference agreement includes the 

following for the non-credit programs of the SBA: 

National Ombudsman ........................................................................... $500,000 

Advocacy Research ................................................................................. 1,100,000 

Veterans Programs ................................................................................ 750,000 

7(j) Technical Assistance Programs ...................................................... 1,500,000 

Small Business Development Centers ................................................. 89,000,000 

SCORE .................................................................................................... 5,000,000 

Women’s Business Centers ................................................................... 12,500,000 

Women’s Business Council .................................................................... 750,000 

Native American Outreach ................................................................... 1,000,000 

Drug-free Workplace Program .............................................................. 1,000,000 

Microloan Technical Assistance ............................................................ 14,000,000 

PRIME Technical Assistance ................................................................ 5,000,000 

HUBZones .............................................................................................. 1,979,000 

US Export Assistance ............................................................................ 1,484,000 

Total, non-credit programs ......................................................... 135,563,000 

The SBA shall not reduce these non-credit programs to fund 

operating costs. The conferees adopt by reference the House and 

Senate report language regarding Native American Outreach. The 

conferees adopt by reference the Senate report language regarding 

the Small Disadvantaged Business Program. The conferees adopt 

by reference the House and Senate report language regarding 

Small Business Development Centers (SBDCs), including the 

House direction to work with the manufacturing sector and continue to support the defense transition program at no less than the 

fiscal year 2004 level. The conferees adopt by reference the Senate 

report language concerning HUBZones. 

Of the amounts provided for the SBDC program, $500,000 

shall be available for the South Carolina Women’s Business Center 

(WBC). 

The conference agreement includes language allowing WBCs in 

sustainability status to continue to receive grants and designates 

48 percent of the total WBC funding for centers in sustainability 

status. 

OFFICE OF INSPECTOR GENERAL

The conference agreement includes $13,014,000 for the Office 

of Inspector General of the Small Business Administration as proposed by the Senate instead of $14,500,000 as proposed by the 

House. The conference agreement includes language allowing 

$500,000 to be transferred to this account from the Disaster Loans 

Program for oversight costs related to that program. The conferees 

843 

adopt by reference the Senate report language regarding reorganization. 

SURETY BOND GUARANTEES REVOLVING FUND

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

$9,900,000 as provided by the House. 

BUSINESS LOANS PROGRAM ACCOUNT

The conference agreement includes $128,108,000 under this account, consisting of $1,455,000 for subsidies for direct business 

loans and $126,653,000 for administrative expenses related to business loan programs. The amount provided for administrative expenses may be transferred to and merged with the appropriation 

for SBA salaries and expenses to cover the common overhead expenses associated with business loans. The conferees agree that, in 

the event of an economic downturn, the policy of zero subsidy for 

the 7(a) program shall be revisited. 

DISASTER LOANS PROGRAM ACCOUNT

The conference agreement includes $113,159,000 for the Disaster Loans Program Account, instead of $195,887,000 as proposed 

by the House and $178,909,000 as proposed by the Senate. The 

conference agreement includes no new budget authority for the 

subsidy costs of disaster loans but includes $113,159,000 for administrative expenses of the disaster loan program. 

Within the $113,159,000 provided for administrative expenses, 

$500,000 is available for the Office of Inspector General, 

$104,409,000 is available for direct administrative expenses of loan 

making and servicing, and $8,250,000 is available to be transferred 

to the Salaries and Expenses account for indirect costs of the program. 

The conferees understand that the emergency appropriations 

provided in response to natural disasters at the end of fiscal year 

2004 may exceed the actual need for loans to affected businesses 

and individuals. The conferees expect that the surplus of subsidy 

budget authority from emergency appropriations will be sufficient 

to cover an average annual loan program level. For this reason, the 

conference agreement does not provide an additional subsidy appropriation for fiscal year 2005. The conferees expect the SBA to continue to request regular discretionary appropriations to cover an 

average annual disaster loan program level in future budget requests. The conferees request that the SBA provide a monthly status report on disaster loan activity to the Committees on Appropriations. 

By April 15, 2005, the SBA should also provide to the Committees on Appropriations a report describing various methodologies 

for calculating annual estimates of disaster loan volume. The report should explain the current rolling historical average methodology and also present other reasonable options to determine requirements in light of the recent years of low disaster activity. In 

addition, the report should include information on various methVerDate Aug 04 2004 07:33 Dec 01, 2004 Jkt 096906 PO 00000 Frm 00847 Fmt 6601 Sfmt 6601 E:\HR\OC\HR792.XXX HR792
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odologies to project loan volume once a disaster declaration has occurred. 

ADMINISTRATIVE PROVISION—SMALL BUSINESS ADMINISTRATION

The conference agreement includes bill language allowing 

transfers between accounts. 

STATE JUSTICE INSTITUTE

SALARIES AND EXPENSES

The conference agreement provides $2,613,000 for the State Justice Institute (SJI), instead of $2,227,000 as proposed by the 

House and $3,000,000 as proposed by the Senate. The conference 

agreement incorporates by reference the House report language regarding the Office of Justice Programs and sources of non-Federal 

funding. 

UNITED STATES-CHINA ECONOMIC AND SECURITY REVIEW

COMMISSION

SALARIES AND EXPENSES

The conference agreement includes $3,000,000 as proposed by 

the House for the necessary expenses of the United States-China 

Economic and Security Review Commission, instead of $2,300,000 

as proposed by the Senate. This level includes not more than 

$5,000 for the purpose of official representation. The conference 

agreement includes language making funding available until expended, as proposed by the Senate. The conference agreement also 

includes $1,000,000 for the expansion of the Commission’s research 

programs and enhanced outreach efforts, as proposed by the House. 

The conference agreement incorporates, by reference, the Senate report language directing the Commission to conduct certain research and provide a report no later than May 1, 2005. 

UNITED STATES INSTITUTE OF PEACE

OPERATING EXPENSES

The conference agreement includes $23,000,000 for the United 

States Institute of Peace. Within the amounts provided, including 

prior year funding, the Institute may use such funds as necessary 

for advance architectural work and planning related to a new headquarters facility. 

In addition, the conferees direct the Institute to create a task 

force to study the United Nations’ efforts to meet the goals of its 

charter as signed in June of 1945. This study should address obstacles to achieving such goals, especially the goal of maintaining 

international peace and security and the promotion of universal respect for and observance of human rights and fundamental freedoms. The conferees are deeply troubled by the inaction of the 

United Nations on many fronts, especially in regard to the genocide 

in Darfur, Sudan, and the allegations of corruption regarding the 

United Nations Oil-For-Food program. The task force should consist of experts from the following public policy forums: American 

Enterprise Institute, Brookings Institution, Council on Foreign ReVerDate Aug 04 2004 07:33 Dec 01, 2004 Jkt 096906 PO 00000 Frm 00848 Fmt 6601 Sfmt 6601 E:\HR\OC\HR792.XXX HR792
845 

lations, Center for Strategic and International Studies, Hoover Institution, and Heritage Foundation. The conferees anticipate the 

task force would not include more than 12 members. The conferees 

expect the results of the study to be presented to the Committees 

on Appropriations within 180 days of the enactment of this Act. 

UNITED STATES SENATE-CHINA INTERPARLIAMENTARY GROUP

SALARIES AND EXPENSES

The conference agreement includes an appropriation of 

$100,000 for the salaries and expenses of the United States SenateChina Interparliamentary Group as proposed by the Senate. Funding for the Interparliamentary Group was not included in the 

House bill. 

TITLE VI—GENERAL PROVISIONS 

(INCLUDING RESCISSIONS)

The conference agreement includes the following General Provisions: 

Sec 601. The conference agreement includes section 601 regarding the use of appropriations for publicity and propaganda purposes. 

Sec. 602. The conference agreement includes section 602 regarding the availability of appropriations for obligation beyond the 

current fiscal year. 

Sec. 603. The conference agreement includes section 603 regarding the use of funds for consulting purposes. 

Sec. 604. The conference agreement includes section 604 providing that should any provision of the Act be held to be invalid, 

the remainder of the Act would not be affected. 

Sec. 605. The conference agreement includes section 605 regarding the policy by which funding available to the agencies funded under this Act may be reprogrammed for other purposes. 

Sec. 606. The conference agreement includes section 606 regarding the construction, repair, or modification of National Oceanic and Atmospheric Administration vessels in overseas shipyards. 

Sec. 607. The conference agreement includes section 607 prohibiting funds in the bill from being used to implement, administer, 

or enforce any guidelines of the Equal Employment Opportunity 

Commission (EEOC) similar to proposed guidelines covering harassment based on religion published by the EEOC in October 1993. 

Sec. 608. The conference agreement includes section 608 regarding the purchase of American made products. 

Sec. 609. The conference agreement includes section 609 prohibiting the use of funds for any United Nations peacekeeping mission that involves U.S. Armed Forces under the command or operational control of a foreign national unless the President certifies 

that the involvement is in the national security interest. 

Sec. 610. The conference agreement includes section 610 that 

requires agencies to provide quarterly reports to the Committees on 

Appropriations regarding unobligated balances. 

846 

Sec. 611. The conference agreement includes section 611 that 

prohibits use of funds to expand the U.S. diplomatic presence in 

Vietnam beyond the level in effect July 11, 1995, unless the President makes a certification that several conditions have been met 

regarding Vietnam’s cooperation with the United States on POW/ 

MIA issues. 

Sec. 612. The conference agreement includes section 612 requiring agencies and departments funded in this Act to absorb any 

necessary costs related to downsizing or consolidation within the 

amounts provided to the agency or department. 

Sec. 613. The conference agreement includes section 613 regarding the sale or export of tobacco or tobacco products. 

Sec. 614. The conference agreement includes section 614 extending the prohibition on the use of funds to issue a visa to any 

alien involved in extrajudicial and political killings in Haiti, including exemption and reporting requirements. 

Sec. 615. The conference agreement includes section 615 that 

prohibits a user fee from being charged for background checks conducted pursuant to the Brady Handgun Control Act of 1993, and 

prohibits implementation of a background check system which does 

not require or result in destruction of certain information. 

Sec. 616. The conference agreement includes section 616 regarding amounts available under the Crime Victims Fund. 

Sec. 617. The conference agreement includes section 617 prohibiting the use of Department of Justice funds for programs that 

discriminate against, denigrate, or otherwise undermine the religious beliefs of students participating in such programs. 

Sec. 618. The conference agreement includes section 618 prohibiting the use of funds appropriated or otherwise made available 

to the Department of State to process visas for citizens of countries 

that the Secretary of Homeland Security has determined deny or 

delay accepting the return of deported citizens. 

Sec. 619. The conference agreement includes section 619 providing additional amounts for the Small Business Administration. 

Sec. 620. The conference agreement includes section 620 regarding the Small Business Administration Disaster Loans Program. 

Sec. 621. The conference agreement includes section 621 regarding transfers of funds. 

Sec. 622. The conference agreement includes section 622 regarding the implementation of telecommuting programs. 

Sec. 623. The conference agreement includes section 623 regarding the negotiation or reevaluation of international agreements. 

Sec. 624. The conference agreement includes section 624 regarding firearms tracing studies. 

Sec. 625. The conference agreement includes section 625 regarding international child abduction. 

Sec. 626. The conference agreement includes section 626 regarding patents. 

Sec. 627. The conference agreement includes section 627 regarding the United Nations. 

847 

Sec. 628. The conference agreement includes section 628 that 

requires the Department of Justice, the Department of Homeland 

Security, and the Department of State to jointly submit a report. 

Sec. 629. The conference agreement includes section 629 regarding Capital Security Cost Sharing. 

Sec. 630. The conference agreement includes section 630 regarding Capital Security Cost Sharing. 

Sec. 631. The conference agreement includes section 631 requiring that the Secretary of State make a determination on recent 

events and support the investigation and prosecution of war crimes 

and crimes against humanity in the Darfur Region of Sudan. 

Sec. 632. The conference agreement includes section 632 that 

prohibits the use of funds to support or justify the use of torture. 

Sec. 633. The conference agreement includes section 633 that 

addresses the Drug Enforcement Administration’s diversion control 

program. 

Sec. 634. The conference agreement includes section 634 prohibiting the use of funds to change rules governing the Universal 

Service Fund. 

Sec. 635. The conference agreement includes section 635 concerning certain unobligated balances. 

Sec. 636. The conference agreement includes section 636 regarding the National Veterans Business Development Corporation. 

Sec. 637. The conference agreement includes section 637 regarding Capital Security Cost Sharing. 

Sec. 638. The conference agreement includes section 638 regarding Federal Communications Commission properties. 

Sec. 639. The conference agreement includes section 639 prohibiting certain uses of funds. 

Sec. 640. The conference agreement includes section 640 regarding amounts provided in this Act. 

TITLE VII—RESCISSIONS 

DEPARTMENT OF JUSTICE 

GENERAL ADMINISTRATION

WORKING CAPITAL FUND

(RESCISSION)

The conference agreement includes a rescission of $60,000,000 

from unobligated balances in this account. The Senate proposed a 

$44,000,000 rescission for this account under Title VI. 

LEGAL ACTIVITIES

ASSET FORFEITURE FUND

(RESCISSION)

The conference agreement includes a rescission of $61,800,000 

from unobligated balances in this account. The Senate proposed a 

$30,000,000 rescission for this account under Title VI. 

848 

JUSTICE ASSISTANCE

(RESCISSION)

The conference agreement includes a rescission of $1,619,000 

from this account. These balances result from deobligations of prior 

year grant funding. Amounts available for the Missing Children’s 

Program, the National White Collar Crime Center and Regional Information Sharing System shall not be rescinded. 

STATE AND LOCAL LAW ENFORCEMENT ASSISTANCE

(RESCISSION)

The conference agreement includes a rescission of $29,380,000 from unobligated balances in this account, instead of $20,000,000 

as proposed by the House. These balances result from deobligations 

of prior year grant funding. Amounts available for Tribal Courts 

and Indian Prison Construction shall not be rescinded. 

COMMUNITY ORIENTED POLICING SERVICES

(RESCISSION)

The conference agreement includes a rescission of $99,000,000 from unobligated balances in this account, instead of $61,000,000 

as proposed by the House. These balances result from deobligations 

of prior year grant funding. 

JUVENILE JUSTICE

(RESCISSION)

The conference agreement includes a rescission of $3,500,000 

from unobligated balances in this account. These balances result 

from deobligations of prior year grant funding. Amounts available 

for Tribal Youth and Alcohol Prevention shall not be rescinded. 

DEPARTMENT OF COMMERCE 

NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY

INDUSTRIAL TECHNOLOGY SERVICES

(RESCISSION)

The conference agreement includes a rescission of $3,900,000 

from unobligated balances in this account. These balances are prior 

year Advanced Technology Program funds. 

RELATED AGENCIES 

FEDERAL COMMUNICATIONS COMMISSION

SALARIES AND EXPENSES

(RESCISSION)

The conference agreement includes a rescission of $12,000,000 

from unobligated balances under this heading. The conferees agree 

that this rescission represents an amount available from prior year 

excess fee collections. 

849 

TITLE VIII—PATENT AND TRADEMARK FEES 

The conference agreement includes language regarding patent 

and trademark fees. 

TITLE IX—OCEANS AND HUMAN HEALTH ACT 

The conference agreement includes language regarding the 

oceans and human health. 

CONFERENCE TOTAL—WITH COMPARISONS

The total new budget (obligational) authority for the fiscal year 

2005 recommended by the Committee of Conference, with comparisons to the fiscal year 2004 amount, the 2005 budget estimates, 

and the House and Senate bills for 2005 follow: 

[In thousands of dollars] 

New budget (obligational) authority, fiscal year 2004 ........................ $42,242,023 

Budget estimates of new (obligational) authority, fiscal year 2005 43,216,594 

House bill, fiscal year 2005 ................................................................... 43,483,066 

Senate bill, fiscal year 2005 .................................................................. 43,467,214 

Conference agreement, fiscal year 2005 .............................................. 43,681,207 

Conference agreement compared with: 

New budget (obligational) authority, fiscal year 2004 ................ +1,439,184 

Budget estimates of new (obligational) authority, fiscal year 

2005 .............................................................................................. +464,613 

House bill, fiscal year 2005 ............................................................ +198,141 

Senate bill, fiscal year 2005 ........................................................... +213,993 

DIVISION C—ENERGY AND WATER DEVELOPMENT 

APPROPRIATIONS ACT, 2005 

TITLE I—DEPARTMENT OF DEFENSE—CIVIL 

DEPARTMENT OF THE ARMY 

CORPS OF ENGINEERS—CIVIL

The summary tables at the end of this title set forth the conference agreement with respect to the individual appropriations, 

programs and activities of the Corps of Engineers. Additional items 

of the conference agreement are discussed below. House report 

108–554 is presumed to have effect unless contradicted by this 

statement of the managers. 

CONTINUING CONTRACTS AND REPROGRAMMING

Construction of a single water resource project requires tremendous flexibility. Water resource projects are constructed in 

physically challenging locations. By their nature, these projects involve large mobilization costs and great uncertainties. The Corps of 

Engineers has been tasked with providing hundreds of water infrastructure projects in challenging locations throughout the country. 

Historically, the Corps has done an outstanding job of managing 

these great water resource projects and has provided the water infrastructure that has greatly contributed to our economic security. 

The conferees recognize that one of the greatest tools that the 

Corps of Engineers has for managing its nationwide water resources infrastructure program is the ability to award multiyear 

850 

continuing contracts. When an agency is managing, literally, hundreds of construction projects throughout the country, problems are 

inevitable. These can range from flood, to drought, to funding 

shortfalls, to unanticipated hazardous wastes encountered in the 

construction site, discovery of unanticipated cultural resources. Any 

one of these items can bring a project to a temporary halt or slow 

construction. By the same token, projects can be accelerated due to 

mild winters or below average flows on a river allowing a longer 

construction season and more work to be done and more funds to 

be utilized. 

Continuing contracts allow the Corps to award large construction elements of a project to take advantage of the economies of 

scale available to construction contractors. Allowing these large 

construction elements to be managed over several years without requiring contracts to be fully funded before construction begins affords the Corps the ability to more efficiently manage multiple construction contracts. Multiyear funding, and the ability to reprogram funds, are tools that have allowed the Corps to maximize 

scarce resources to try to do as much as possible with the resources 

available to them; they also left the Corps open to charges that it 

has put contractors in charge of managing its funds. 

The conferees have expressed concerns in the past that Corps 

of Engineers construction projects may have used the continuing 

contracts clause and the ability to reprogram funds to award some 

construction contracts that may not have been fiscally prudent, in 

light of current budget realities. However, many of these construction contracts were awarded when surplus funds were available allowing reprogramming of funds to make up for budget shortfalls. 

This process has resulted in most surplus funds being expended, 

leaving the Corps with very little flexibility to cover the financial 

obligations of the construction contracts. This has resulted in an increased number of reprogrammings necessary to satisfy as many of 

the Corps’ financial obligations as possible. 

The conferees believe that the Corps has made great strides in 

resolving these financial issues by applying more stringent controls 

on financial obligations allowed on multiyear contracts and will 

allow the Corps to continue to resolve this situation. However, the 

conferees caution the Corps that it must regain control of all aspects of program execution and execute the program appropriated 

to it. The use of continuing contracts and reprogramming of funds 

is a privilege afforded by this conference—a privilege that can be 

revoked. The House and Senate Appropriations Committees will 

continue to monitor this situation and require the Corps to provide 

quarterly written updates to the Committees on its efforts to better 

manage continuing contracts and to award contracts better suited 

to responsible management. 

Due to the increased number of reprogrammings that are being 

undertaken by the Corps, the conferees believe new guidelines are 

needed to help monitor reprogramming of funds. The conferees recognize that the increase in reprogrammings is not entirely the fault 

of the Corps of Engineers. However, reprogramming guidelines 

have not been examined in many years, and the conferees believe 

that it would be prudent to reexamine this privilege. Therefore, the 

conferees are providing the following guidelines: 

851 

Reprogramming Authorities.—The conferees require the Corps 

to inform the Committees promptly and fully when a change in 

program execution and funding is required during the fiscal year. 

The following guidance is provided for Corps Civil Works programs 

and activities funded in the Energy and Water Development Appropriations Act. 

Definition.—A reprogramming includes the reallocation of 

funds from one activity to another within an appropriation, or any 

significant departure from a program, project, or activity described 

in the agency’s budget justifications presented to and approved by 

Congress. For construction projects, a reprogramming constitutes 

the reallocation of funds from one construction project or a significant change in the scope of an approved project. 

General Criteria for Reprogramming.—Reprogramming is allowed only within an appropriation, with the exception, as now exists, that Flood Control and Coastal Emergency may be augmented 

when necessary from other Corps Civil Works appropriations. Reprogramming is allowed into only previously appropriated activities 

or those identified in a bill as ‘‘within available funds.’’ 

Reprogrammings should not be employed to initiate new programs 

(unless specifically approved by both House and Senate Appropriations Committees) or to change program, project, or activity allocation in the Act or report. In cases where unforeseen events or conditions are deemed to require such changes, proposals shall be submitted in advance to the House and Senate Appropriations Committees and be fully explained and justified. 

REPROGRAMMING GUIDANCE

General Investigations.—Reprogramming a cumulative total of 

up to 25 percent of the appropriated funding level between studies 

or programs under this heading without approval of either House 

of Congress, is permitted. However, the Chief of Engineers shall 

provide a quarterly report to both House and Senate Appropriations Committees of all reprogrammings in excess of $250,000 but 

less than $500,000 for individual studies or programs. Approval of 

both House and Senate Appropriations Committees is required for 

cumulative reprogrammings in excess of $500,000 for individual 

studies or programs. Restoration of prior year savings and slippage 

shall not count toward the cumulative total. The conferees do not 

object to reprogramming up to $50,000 to any continuing study or 

program that did not receive an appropriation or where the percentage limit is less than $50,000. All funds used to source 

reprogrammings described above should be surplus to current year 

needs for that effort. 

Construction General.—Reprogramming a cumulative total of 

up to 15 percent of the appropriated funding level between projects 

or programs under this heading without approval of either House 

of Congress, is permitted. However, the Chief of Engineers shall 

provide a quarterly report to both House and Senate Appropriations Committees of all reprogrammings in excess of $4,000,000 but 

less than $7,000,000 for individual projects or programs. Approval 

of both House and Senate Appropriations Committees is required 

for cumulative reprogrammings in excess of $7,000,000 for individual projects or programs. Restoration of prior year savings and 

852 

slippage shall not count toward the cumulative total. The conferees 

do not object to reprogramming up to $300,000 to any continuing 

project or program that did not receive an appropriation or where 

the percentage limit is less than $300,000. All funds used to source 

reprogrammings described above should be surplus to current year 

needs for that effort. 

Operation and Maintenance.—Unlimited reprogramming authority is granted in order for the Corps to be able to respond to 

emergencies. The Chief of Engineers must notify the House and 

Senate Appropriations Committees as soon as practicable of these 

emergency situations. For all other reprogrammings, a cumulative 

total of up to 50 percent of the appropriated funding level between 

projects or programs under this heading without approval of either 

House of Congress, is permitted. However, the Chief of Engineers 

shall provide a quarterly report to both House and Senate Appropriations Committees of all reprogrammings in excess of $5,000,000 

but less than $10,000,000 for individual projects or programs. Approval of both House and Senate Appropriations Committees is required for cumulative reprogrammings in excess of $10,000,000 for 

individual projects or programs. Restoration of prior year savings 

and slippage shall not count toward the cumulative total. The conferees do not object to reprogramming up to $300,000 to any continuing project or program that did not receive an appropriation or 

where the percentage limit is less than $300,000. All funds used to 

source reprogrammings described above should be surplus to current year needs for that effort. 

Mississippi River and Tributaries.—The Corps should follow 

the same reprogramming guidelines for the General Investigations, 

Construction, and Operation and Maintenance portions of the Mississippi River and Tributaries Account as listed above. 

GENERAL INVESTIGATIONS

The conference agreement appropriates $144,500,000 for General Investigations. 

Floodplain Management Services.—The conferees have provided $6,813,000 for the Floodplain Management Services program, 

including $776,000 to complete the Geographic Information System 

for East Baton Rouge, Louisiana; $200,000 for a Blind Brook, City 

of Rye, New York, hydrological analysis; and $1,000,000 for the 

Hurricane Preparedness Studies for the State of Hawaii and the 

U.S. Territories in the Pacific and the Caribbean. 

Coastal Field Data Collection.—The conference agreement provides $4,875,000 for the Coastal Field Data Collection program. 

Funds are provided in the amount of $1,000,000 for the Southern 

California Beach Process Study, not less than $1,000,000 for continuation of the Coastal Data Information Program, and $1,000,000 

for the State of Hawaii, the U.S. Territories in the Pacific and Caribbean, and $1,000,000 for the Pacific Island Ocean Typhoon Experiment [PILOT]. 

Research and Development.—Within the funds provided for the 

Corps of Engineers Research and Development Program, 

$2,000,000 is provided for innovative technology demonstrations for 

urban flooding and channel restoration. These demonstrations shall 

be conducted in close coordination and cooperation with the Urban 

853 

Water Research Program of the Desert Research Institute of Nevada. In addition, within the funds provided for the Corps of Engineers Research and Development Program $500,000 is provided to 

undertake and fund a demonstration project utilizing the Rapid 

Environmental Decision Support Environment software to fill current technology gaps in the GIS-based approaches with respect to 

post-natural disaster analysis. The conferees have also included 

$1,000,000 to continue work in the area of Submerged Aquatic 

Vegetation or ‘‘seagrasses’’ and restoration efforts in the Chesapeake Bay, Maryland and Virginia. 

Upper Trinity River Basin, Texas.—The conference report provides additional funding to proceed with Planning, Engineering and 

Design and continue preparation and coordination of an Environmental Impact Statement associated with the locally-preferred alternative for the Central City River Segment of the Trinity River 

Vision Master Plan dated April 2003. 

Connecticut River Ecosystem Restoration, Vermont and New 

Hampshire.—The conference has provided $50,000 to initiate feasibility studies for the West and Ashuelot Rivers. 

Other Coordination Programs.—The conferees have provided 

$4,300,000 for the Other Coordination Programs. Within the funds 

provided, $500,000 is to continue work associated with the Lake 

Tahoe Federal Interagency Partnership. 

Planning Assistance to States.—The amount provided for the 

Planning Assistances to States Program includes $100,000 for the 

Arkansas River Corridor Master Plan; $100,0000 to continue the 

Ingham County, Michigan, Geographic Information System Study; 

$100,000 to finish the Arkansas River Corridor Master Plan, Oklahoma; $100,000 to initiate geotechnical investigations of a proposed 

damsite near Mangum, Oklahoma; $250,000 to initiate a groundwater study for Greene County, Missouri; $134,000 to complete the 

Memphis Riverfront Development, Tennessee, study; $200,000 for 

Central Oahu, Hawaii; $500,000 for Lake Champlain, Vermont; 

$500,000 for remote sensing in New Mexico; $150,000 for Lake 

Rogers, North Carolina; and $150,000 to conduct an evaluation of 

recreation supply and demand in New Castle County, Delaware. 

Also included is $250,000 to continue a New Jersey Marine Fish 

Evaluation Study. The Corps of Engineers is urged to consider 

using the Fisheries Conservation Trust, formerly known as the 

Save the Fish Foundation, to carry out this investigation. Within 

funds provided for this program, the Corps is directed to work with 

the Chagrin River Land Conservancy to develop strategies for preserving, and acquisition of funding for preservation of the properties known as Wilde Fields and Mayer Preserve in Cuyahoga 

County, Ohio. 

The conferees are aware of the potential benefits of incorporating modular plastic belting technology into fish screen devices. 

Accordingly, the conferees urge the Corps to consider deployment 

of this technology in the full range of viable fish screen configurations, including submersible traveling screens. Furthermore, the 

conferees look forward to reviewing the agency’s assessment of the 

technology as compared to other available fish screen devices. 

854 

CONSTRUCTION, GENERAL

The conference agreement appropriates $1,796,089,000 for 

Construction, General. 

Red River Below Denison Dam, Arkansas, Louisiana, Oklahoma, and Texas.—The conferees have provided $750,000 for levee 

rehabilitation in Arkansas and Louisiana. 

American River Watershed (Folsom Dam Mini-Raise), California.—Within funds provided for the American River Watershed 

(Folsom Dam Mini-Raise), California, project, the Corps is directed 

to continue design of the Folsom Dam replacement road and permanent bridge to assure their completion at the earliest possible 

date consistent with the pace of the Mini-Raise project as a whole. 

The conferees include language directing the Corps of Engineers to expend its full capability, up to $5,000,000, to advance the 

permanent bridge to replace Folsom Bridge Dam Road, Folsom, 

California, as authorized by the Energy and Water Development 

Appropriations Act, 2004 (P.L. 108–137) with all remaining funds 

devoted to the Mini-Raise. The conferees are aware of reports that 

there have been attempts to place obstacles in the way of this 

work, and insist that it be allowed to proceed, unimpeded. 

Florida Keys Water Quality Improvements, Florida.—The conferees have provided $2,250,000 for the implementation of wastewater and stormwater improvements and believe these efforts 

should be carried out in coordination with the ongoing Everglades 

restoration work. 

Olmsted Locks and Dam, Ohio River, Illinois & Kentucky.— 

None of the funds provided for the Olmsted Locks and Dam Project 

are to be used to reimburse the Claims and Judgment Fund. 

J. Bennett Johnston Waterway, Louisiana.—The conferees have 

provided $13,000,000 for construction of navigation channel refinement features, land purchases and development for mitigation of 

project impacts, and construction of project recreation features and 

appurtenant features. 

Chesapeake Bay Environmental Restoration and Protection Program, Maryland and Virginia.—The conference recommendation 

includes $1,500,000 for this project. Within the funds provided, 

$400,000 is provided to continue environmental studies of non-native oysters. 

The conferees expect the Corps, in conducting the Environmental Impact Statement [EIS] for introducing non-native oyster 

species into the Chesapeake Bay, to consider all alternatives, including restoration of native oyster species. The conferees also expect that the EIS will address the research gaps identified in the 

National Research Council report titled ‘‘Non-native Oysters in the 

Chesapeake Bay’’ and the Chesapeake Bay Program Scientific and 

Technical Advisory Committee report on the same subject. 

Rural Montana, Montana.—The conferees have provided 

$2,000,000 for the Rural Montana project. Within the funds provided the Corps is directed to give consideration to projects at Belgrade, Manhattan, Livingston, Butte, Helena, and Drummond, 

Montana. Other communities that meet the program criteria 

should be considered as funding allows. 

855 

Rural Nevada, Nevada.—The conferees have provided $20,000,000 for the Rural Nevada project. Within the funds provided the Corps is directed to give consideration to projects at Boulder City, Lyon County (Carson River Regional Water System), Gerlach, Incline Village, Lawton-Verdi, Esmeralda County, Churchill 

County, West Wendover, Searchlight, Yerington, Virgin Valley 

Water District, Lovelock, Carson City, Hemenway Valley Wastewater treatment and Huffaker Hills Reservoir Water Conservation 

Nevada. Other communities that meet the program criteria should 

be considered as funding allows. 

Tropicana and Flamingo Washes, Nevada.—The conferees have 

provided $24,000,000 to continue construction of this flood control 

project. The conference recommendation includes $3,000,000 for 

work performed in accordance with Section 211 of Public Law 104– 

303. 

Central New Mexico, New Mexico.—The conference has included $5,000,000 for this project which includes funding to continue the Black Mesa project begun in fiscal year 2004. 

Middle Rio Grande Flood Protection, New Mexico.—The conferees have included $300,000 to continue the Belen, 

Mountainview, and Isleta General Reevaluation Report. 

Fire Island Inlet to Montauk Point, New York.—The conferees 

have included additional funding for the continuation of the reformulation study. 

Ohio Environmental Infrastructure, Ohio.—The bill contains 

$22,000,000 for the Ohio Environmental Infrastructure program 

authorized by section 594 of the Water Resources Development Act 

of 1999. The amount provided includes: $15,000 for the Jackson 

County water line project; $100,000 for the Morgan County, 

Bishopville, water project; $475,000 for the Morgan County, 

McConnelsville, storm water project; $1,000,000 for the 

Muskingum County, Zanesville, wastewater treatment facility; 

$25,000 for the Vinton County, Arbaugh/Hope water line extension; 

$350,000 for the Buckeye Lake, water line project; $500,000 for the 

Hancock County, Village of Janera, wastewater collection system; 

$1,000,000 for the Village of West Jefferson, water treatment facility; $1,000,000 for the City of Louisville, protection for wastewater 

treatment plant; $2,000,000 for the Stark County, Zimber Ditch 

project; $500,000 for the Noble County, sewer system; $500,000 for 

the Youngstown, Orchard Meadow Combined Sewer Overflow 

project; $500,000 for the Lake County, Concord Township sanitary 

sewer line improvement; $100,000 for the Lake County, Perry 

Township, Shepard Road waterline extension; $900,000 for the 

Lake County, Village of Perry, Sanitary sewer system; $1,000,000 

for the Toledo Combined Sewer Overflow project; $1,000,000 for the 

Tech Town Dayton Technology Campus water and sewer project; 

$2,500,000 for the University of Dayton, Brown and Stewart water 

and sewer project; $640,000 for the Clinton County, Clinton Massie 

School District sewer project; $1,500,000 for the Springfield Applied 

Research and Technology Park water and sewer project; $700,000 

for the Clark County Southwest Regional Waste Water Treatment 

Plant expansion; $500,000 for Clark County, Village of Donnelsville 

sewer system project; $1,350,000 for the Fayette County, Village of 

Bloomingberg, Waste Water Treatment Plant; $100,000 for the 

856 

Pickaway County, Harrison and Madison Township water and 

sewer project; $150,000 for the Village of Corning water and sewer 

project; $1,880,000 for the Scioto County, Minford Wastewater 

Treatment Facility; and $250,000 for the City of Dayton, Northeast 

Quadrant water and sewer infrastructure. 

Columbia River Treaty Fishing Sites, Oregon and Washington.—The conferees have included $700,000 for facilities at 

White Salmon, WA. 

Elk Creek Lake, Oregon.—Funds provided in this Act and 

funds previously appropriated for the Elk Creek Lake, Oregon, 

project are available to plan and implement long-term management 

measures at the project to maintain the project in an uncompleted 

state, including design and construction of a permanent trap- andhaul facility to replace the existing, interim facility. Funds may not 

be used for any further work on the Corps of Engineers proposal 

to remove a section of the dam for fish passage. 

Cheyenne River Sioux Tribe, Lower Brule Sioux, South Dakota.—The conference notes that Title IV of the Water Resources 

Development Act of 1999, as amended, authorizes funding to pay 

administrative expenses, implementation of terrestrial wildlife 

plans, activities associated with land transferred or to be transferred, and annual expenses for operating recreational areas. The 

conferees have included $5,750,000 for this effort. Within the funds 

provided, the conference directs that not more than $1,000,000 

shall be provided for administrative expenses, and that the Corps 

is to distribute the remaining funds as directed by Title IV to the 

State of South Dakota, the Cheyenne River Sioux Tribe and the 

Lower Brule Sioux Tribe. 

Rural Utah, Utah.—The conference has provided $1,000,000 

for this project and encourages the Corps to proceed with those 

projects which are eligible and are prepared to move forward. 

Columbia River Fish Mitigation, Avian Predation, Columbia/ 

Snake River Basin, Washington, Oregon, and Idaho.—The conferees are aware of the need to investigate the effect of avian predation on the survival of listed salmon and steelhead in the Columbia/Snake River Basin and directs the Secretary to provide up to 

$750,000, as needed, from the Columbia River Fish Mitigation 

project for this purpose. The conference expects the Corps of Engineers to coordinate with the Secretary of Commerce and the Secretary of the Interior to develop an implementation plan and initiate actions to reduce avian predation where such actions are determined to be biologically and cost effective. 

Aquatic Plant Control Program.—The conferees have included 

$4,500,000 for the Aquatic Plant Control program’s base research 

and development activities. In an effort to maximize limited funding for eradication and harvesting, the conference strongly recommends that these efforts be undertaken only where a local sponsor agrees to provide 50 percent of the cost of the work. Within the 

funds provided, $300,000 is for a cost shared effort with the State 

of South Carolina and $400,000 is for a cost shared effort with the 

State of Vermont and $100,000 is for the control of aquatic nuisance vegetation in the Potomac and Tributaries, Virginia, Maryland, and District of Columbia. The conference urges the Corps to 

establish a cost shared program with the State of Hawaii. 

857 

Beneficial Uses of Dredged Material.—The conference recommendation includes $6,000,000. Within the funds provided 

$3,000,000 is for Morehead City Harbor, NC. 

Dam Safety and Seepage/Stability Correction Program.—The 

conference recommendation includes $10,500,000 for the program. 

Within the funds provided, $3,000,000 is provided for the Corps to 

complete work on Waterbury Dam in Vermont. 

Shoreline Erosion Control and Development and Demonstration.—The conference recommendation includes $7,000,000. Within 

the funds provided $400,000 is provided for Sacred Falls, Hawaii. 

Continuing Authorities Program (CAP).—The conference departs from its usual practice in the presentation of CAP projects 

chosen for funding. In previous conference reports, CAP funding for 

individual projects was presented in an unstructured text form. For 

fiscal year 2005, in order to increase uniformity and simplify use 

of the report, CAP funding will be shown in a table, with information limited to identification of the CAP authority under which the 

project is authorized, the name of the project, and the amount of 

funding provided. 

The conferees are aware that many projects selected for funding under the Continuing Authorities Program have not received 

any funds due to overwhelming demand and limited funding authority within the Continuing Authorities Program. The conference 

directs that such projects should receive priority consideration for 

any available such funds, in fiscal 2005, and in the future. 

The continuing project authorities listed below, allow the Corps 

great flexibility to respond to various, limited-scope, water resource 

problems facing communities throughout the Nation. This program 

has proven to be remarkably successful in providing a quick response to serious local problems. These problems range from flood 

control and navigation to bank stabilization and environmental restoration. The conferees have provided funds in excess of the budget 

request for virtually all of these accounts. As a general rule, once 

a project has received funds for the initial phases of any of these 

authorities, the project will continue to be funded as long as it 

proves to be environmentally sound, technically feasible, and economically justified, as applicable. With this in mind, the conference 

has chosen to limit explicit direction of these project authorities. 

The conferees are aware that there are funding requirements 

for ongoing, continuing authorities projects that may not be accommodated within the funds provided for each program. It is not the 

conference’s intent that ongoing projects be terminated. If additional funds are needed to keep ongoing work in any program on 

schedule, the conference urges the Corps to reprogram the necessary funds. 

Small Flood Control Projects (Section 205).—Funding for the 

Zimber Ditch, Stark County, Ohio project is now provided under 

the Ohio Environmental Infrastructure program. The conference is 

informed that $700,000 in funding was provided for Butler Lake, 

Illinois, in fiscal year 2004, most of which has not been expended, 

and directs that, if true, the Corps of Engineers utilize funding provided to initiate construction on an expedited basis. 

Tribal Partnership Program.—The conferees acknowledge the 

serious impacts of coastal erosion and flooding due to continued cliVerDate Aug 04 2004 07:33 Dec 01, 2004 Jkt 096906 PO 00000 Frm 00861 Fmt 6601 Sfmt 6601 E:\HR\OC\HR792.XXX HR792
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mate change in Alaska. The conference expects the Corps to continue its work in this area and has included a total of $4,000,000, 

of which $2,000,000 is to combat erosion in Alaska. 

A field hearing was held in Anchorage, Alaska on June 29 and 

30, 2004, on the impacts of severe erosion and flooding on Alaska 

Native villages. 

There is no Federal or State agency to coordinate and assist 

these communities in the relocation or in the interim provide preventative measures to slow the effects of the erosion and flooding. 

The conference finds there is a need for an Alaska erosion baseline 

study to coordinate and plan the appropriate responses and assistance for Alaska villages in the most need and to provide an overall 

assessment on the priority of which villages should receive assistance. Therefore, the conference has provided the $2,000,000 for this 

study. In addition, the conferees have also included $150,000 for 

Idaho; $150,000 for Nevada to initiate cultural resource restoration 

on historic Washoe lands; and $150,000 for New Mexico to further 

the tribal assistance efforts by the Corps in these States. 

MISSISSIPPI RIVER AND TRIBUTARIES

Atchafalaya Basin, Louisiana.—The conference has included 

$1,253,000 for the continued levee enlargement construction work. 

Yazoo Basin, Mississippi, Yazoo Backwater Project (Pumping 

plant and Nonstructural Features), Mississippi.—The conference 

has provided $12,000,000 and directive legislative language to 

maintain the schedule to complete the design, to initiate the pump 

supply contract, and to continue the real estate activities. 

OPERATION AND MAINTENANCE

Mobile Harbor, Alabama.—The conferees have included an additional $1,000,000 to continue the Garrows Bend environmental 

restoration. 

Tennessee—Tombigbee Waterway, Alabama & Mississippi.— The conference has included an additional $650,000 to perform additional maintenance dredging. Of the funds provided, up to 

$300,000 may be used for aquatic plant control activities. 

Anchorage Harbor, Alaska.—The conferees have included an 

additional $2,000,000 for maintenance dredging of the harbor. 

Chena River Lakes, Alaska.—The conferees have included an 

additional $775,000 for the additional deferred maintenance work 

of the Chena River Lakes project. 

Nome Harbor, Alaska.—The conference has included an additional $1,000,000 for additional maintenance dredging of the harbor. 

Cherry Creek, Chatfield, and Trinidad Lakes, Colorado.—The 

conferees have included an additional $1,549,000 for continued repairs at these three lakes. This action in no way is intended to 

alter the Corps of Engineers’ lease and property accountability policies. It is the conference’s understanding that the State of Colorado 

has agreed to cost share this project on a 50–50 basis. It is also 

the understanding of the conferees that the Secretary is not to assume, nor share in the future of the operation and maintenance of 

these recreation facilities. Of the funds provided, the Corps is diVerDate Aug 04 2004 07:33 Dec 01, 2004 Jkt 096906 PO 00000 Frm 00862 Fmt 6601 Sfmt 6601 E:\HR\OC\HR792.XXX HR792
859 

rected to conduct a reallocation study for Chatfield Reservoir 

project. 

Intracoastal Waterway, Delaware River to Chesapeake Bay, 

Delaware and Maryland.—The conference recommendation includes $14,400,000 for this project. Within the funds provided, 

$500,000 is included for maintenance costs of the SR–1 Bridge and 

$100,000 for plans and specifications for the Summit Bridge approaches. 

Apalachiacola, Chattahoochee and Flint Rivers, Georgia, Alabama, and Florida.—The conference has included an additional 

$5,231,000, which includes annual dredging of the river channel, 

annual operations and maintenance of the George W. Andrews 

Lock, spot dredging of shoals, continuation of slough mouth restoration, and routine operations and maintenance of the project. 

Dworshak Dam and Reservoir, Idaho.—The conferees have included an additional $500,000 for site improvements and environmental compliance efforts. 

Snake River Dredging, Idaho, Oregon, and Washington.—The 

conferees have recommended $250,000 for dredging completion of 

the Programmatic Dredged Material Management Plan/Supplemental Environmental Impact Statement and for maintenance 

dredging on the Snake River. 

Ohio River Locks and Dams, Kentucky, Illinois, Indiana, and 

Ohio. Within the funds provided, the Corps of Engineers is directed 

to utilize up to $2,500,000 in cooperation with Operation Respond, 

a non-profit organization, to implement a demonstration project collecting and integrating imagery of a selected segment of the Ohio 

Basin, gathering data from Federal and non-Federal interests, developing and testing software primarily for the use of emergency 

responders, and for stabilization measures for the Emery Lane 

bank failure at Indianapolis, Indiana. 

Wolf Creek Dam, Lake Cumberland, Kentucky.—Additional 

funding includes $500,000 for parking improvements at Lee’s Ford 

Marina, as well as additional funding for powerhouse-related repairs. 

Mississippi River Between Missouri River and Minneapolis 

(MVR Portion), Illinois.—The conference recommendation includes 

$43,473,000. Within the funds provided, $1,000,000 is for continuation of the rehab of Lock and Dam 11. 

Delaware River, Philadelphia to the Sea, New Jersey, Pennsylvania, and Delaware.—The conferees have included an additional 

$1,450,000 for completion of the Pea Patch Island project. 

Council Grove Lake, Kansas.—The conference has included additional funding for the repair and upgrade of public use facilities. 

Wilson Lake, Kansas.—The conference has provided additional 

funding for the Corps to conduct a reallocation study. 

Barren River Lake, Kentucky.—The conferees have provided 

additional funding for the repair and upgrade of public use facilities. 

J. Bennett Johnston Waterway, Louisiana.—The conference has 

included additional funding for bank stabilization repairs, dredging 

entrances to oxbow lakes, routine operation and maintenance activities, annual dredging requirements, and backlog maintenance. 

860 

Fort Peck Dam, Montana.—The conferees have included additional funds to complete the on-going construction work related to 

the site. 

Cochiti Lake, New Mexico.—The conferees have provided additional funds for the continuation of studies that were initiated in 

fiscal year 2004, which include the proposed operational changes 

and gate automation and to begin the relocation of the Al Black 

area. 

Garrison Dam and Lake Sakakawea, North Dakota.—The conference has provided additional funds for mosquito control and for 

deferred maintenance activities. The conference is aware that low 

lake levels on Lake Sakakawea, North Dakota have made the current marina located at Fort Stevenson unusable and expects the 

Army Corps to use funds within this account to relocate this marina to Garrison Bay. 

Norfolk Harbor, Craney Island, Virginia.—The conference has 

provided additional funds in order to raise the containment dikes 

to provide the capacity needed for the Norfolk Harbor Deepening 

project. 

Connecticut River Flood Control Dams, Vermont.—$250,000 

has been provided for fish passage facilities at these projects. 

Columbia & Lower Willamette River Below Vancouver, Washington and Portland, Oregon.—The conference recommendation includes $250,000 for the Astoria Boat Basin. 

Regional Sediment Management Demonstration Program.—The 

conferees have provided $2,500,000 for this program. Within the 

funds provided, $500,000 is for the southeast coast of Oahu, Hawaii 

and $1,000,000 is for the Littoral Drift Restoration Program, Washington. 

FORMERLY UTILIZED SITES REMEDIAL ACTION PROGRAM (FUSRAP)

The conferees provide $165,000,000 for the Formerly Utilized 

Sites Remedial Action Program (FUSRAP). The additional funds 

are to be used to accelerate cleanup of existing FUSRAP sites and 

to address potential new sites that may qualify as eligible FUSRAP 

sites, such as the former Sylvania nuclear fuel site located in 

Hicksville, New York. 

OFFICE OF THE ASSISTANT SECRETARY OF THE ARMY (CIVIL WORKS)

The conferees provide $4,000,000 for the salaries and expenses 

of the Office of the Assistant Secretary of the Army (Civil Works). 

This office had previously been funded under the Operation and 

Maintenance, Army, appropriation. 

GENERAL PROVISIONS—CORPS OF ENGINEERS

Sec. 101. The conference report includes language regarding 

credits and reimbursements. 

Sec. 102. The conference report includes language regarding 

Tuscarawas County, Ohio. 

Sec. 103. The conference report includes language about divesting civil works functions. 

Sec. 104. The conference report includes language regarding 

Alamagordo, New Mexico. 

861 

Sec. 105. The conference report includes language regarding 

Stark County, Ohio. 

Sec. 106. The conference report includes language regarding 

the St. Georges Bridge in Delaware. 

Sec. 107. The conference report includes language regarding 

Lake Cumberland, Kentucky. 

Sec. 108. The conference report includes language regarding 

the Lake Tahoe Basin in California and Nevada. 

Sec. 109. The conference report includes language regarding 

the Lake Tahoe Watershed in California and Nevada. 

Sec. 110. The conference report includes language regarding 

the Prado Dam in California. 

Sec. 111. The conference report includes language regarding 

the Black Warrior-Tombigbee Rivers in Alabama. 

Sec. 112 and Sec. 113. The conference report includes language 

regarding the submittal of Chief of Engineers reports. 

Sec. 114. The conference report includes language regarding 

coastal wetlands conservation funding. 

Sec. 115. The conference report includes language regarding 

Lake Sakakawea in North Dakota. 

Sec. 116. The conference report includes language regarding 

Central City in Fort Worth, Texas. 

Sec. 117. The conference report includes language regarding 

Alaska erosion. 

Sec. 118. The conference report includes language regarding 

Cook Inlet, Alaska. 

Sec. 119. The conference report includes language regarding 

Northern Wisconsin. 

Sec. 120. The conference report includes language regarding 

St. Croix Falls, Wisconsin. 

Sec. 121. The conference report includes language regarding 

Burns Harbor, Indiana. 

Sec. 122. The conference report includes language regarding 

Duck River, Alabama. 

Sec. 123. The conference report includes language regarding 

Yakutat, Alaska. 

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TITLE II—DEPARTMENT OF THE INTERIOR 

CENTRAL UTAH PROJECT COMPLETION ACCOUNT

The conference agreement includes $48,009,000 for fiscal year 

2005 to carry out the provisions of the Central Utah Project Completion Act. An appropriation of $30,806,000 has been provided for 

Central Utah project construction; $15,469,000 for fish, wildlife, 

and recreation, mitigation and conservation. The conference recommendation provides $1,734,000 for program administration and 

oversight. 

BUREAU OF RECLAMATION

WATER AND RELATED RESOURCES

An appropriation of $859,481,000 is provided by the conferees 

for Water and Related Resources. 

BUILDING AND SITE SECURITY

Security Costs and Allocations.—Following the attacks on September 11, 2001, the Bureau of Reclamation strengthened security 

at Federal dams and similar facilities and has undertaken but not 

completed extensive risk assessments for over 400 units throughout 

the West. Many of these are multi-purpose facilities providing flood 

control, water storage for contract irrigators, municipal and industrial water supplies, power generation, recreation and environmental mitigation benefits. The conference understands that beginning in fiscal year 2005, Reclamation will no longer make a distinction between pre-September 11, 2001, security costs and post-September 11, 2001, security costs. The conference recognizes that the 

security posture of Reclamation will likely not approach pre-September 11, 2001, levels for many years, if ever. The conference recognizes that project beneficiaries benefit from this enhanced security. However, the conference remains concerned about the 

reimbursability of increased security costs for Reclamation projects. 

Therefore, Reclamation shall provide a report to the conference, no 

later than, May 1, 2005, with a breakout of planned reimbursable 

and non-reimbursable security costs by project, by region. The conference directs the Commissioner not to begin the reimbursement 

process until the Congress provides direct instruction to do so. 

Within the funds provided for the Central Valley Project, Colorado Front Work and Levee System, AZ. The conference has included additional funds to continue activities for water management reservoirs to be constructed along the All American Canal. 

Central Valley Project.—A total of $7,500,000 has been provided under various divisions of the Central Valley Project in support of the California Bay-Delta Restoration. A description of the 

activities for which funds have been added follows. 

CENTRAL VALLEY PROJECT

ENVIRONMENTAL WATER ACCOUNT

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

921 

PLANNING AND MANAGEMENT ACTIVITIES

Delta Division Oversight.—$500,000 is provided to continue coordination, administration, planning, performance tracking and 

science activities in coordination with CALFED Program Implementation Plan. 

STORAGE

Delta Division.—$1,000,000 is provided for Reclamation to continue participating in planning and study activities associated with 

enlarging Los Vaqueros reservoir. 

Sacramento River Division.—$1,000,000 is provided to continue 

planning and study activities for Sites reservoir. 

Shasta Division.—$1,000,000 is provided to continue evaluating the potential impacts of the proposed Shasta raise. 

CONVEYANCE

Delta Division.—$1,000,000 is provided for the Tracy Test Fish 

facility. 

Miscellaneous Project Programs.—$1,000,000 is provided for 

the continuation of feasibility levels studies and technical assistance to the State of California; $1,000,000 for the Bureau for the 

administration of storage, conveyance, water use efficiency, ecosystem restoration, science and water transfer. 

Central Valley Project, Friant Division, California.—The conferees have provided an additional $1,000,000 for the Bureau of 

Reclamation to continue the Upper San Joaquin River Basin Storage investigation. 

Middle Rio Grande Project, New Mexico.—The conferees are 

pleased with the increased progress of on-the-ground activities resulting from implementation of the Executive Committee of the Endangered Species Collaborative program. Of the total $6,150,000 

provided for this effort, the Bureau of Reclamation is to fund the 

following activities: $2,000,000 for habitat restoration; $275,000 for 

water and minnow management improvement; $2,000,000 for 

water acquisition; $500,000 for science and monitoring; $750,000 

for biological opinion monitoring; and $625,000 for program management. Prior to obligation of funds, the Bureau is to submit the 

funding levels for each category, accompanied by a detailed spending plan, to the House and Senate Appropriations Committees for 

approval. The Bureau will also submit to the Committees, concurrent with the President’s funding request to Congress, a detailed 

spending plan for the 2006 fiscal year. The cost-share requirements 

for this program remain 75 percent Federal/25 percent non-Federal. Within the funds provided, the Bureau is directed to begin 

work on the models for the Silvery Minnow sanctuary. 

Middle Rio Grande Project, Middle Rio Grande Levees, New 

Mexico.—The conference has provided an additional $5,000,000 for 

the continued repair of the Middle Rio Grande levees, on which 

work began in fiscal year 2003. 

San Juan River Basin Investigations Program, New Mexico.— 

The conference has included additional funds for the Commissioner 

to begin the evaluation and initial work regarding the San Juan 

Chama, New Mexico, title transfer. 

922 

Oklahoma Investigations Project, Oklahoma.—The conferees 

have provided additional funds for the Bureau of Reclamation to 

continue studying ways to improve management of the ArbuckleSimpson aquifer. 

Klamath Project, Oregon and California.—The conferees recommend additional funds for the Klamath Project water bank program. From within available funds, the conferees direct that up to 

$1,000,000 be used for water quality multi-probe and flow measurement instrumentation. 

Mni Wiconi Project, South Dakota.—The conference agreement provides $25,282,000 for this project. Within the funds provided, up 

to $160,000 may be used to replace water trucks for the Oglala 

Sioux Tribe. Reclamation and its tribal partners are cautioned that 

these water trucks should only be used for supplying water on a 

temporary short term critical need basis to areas that are part of 

the authorized Mni Wiconi project but are not yet served by the 

project. As more of the project is completed, the conference expects 

this water hauling operation to diminish. The Rosebud Sioux Rural 

Water System is authorized to utilize funds provided for the operation and maintenance of the Mni Wiconi Rural Water Project to 

contract with the town of White River to deliver water to tribal 

members located in White River, SD. 

Washington State Investigations Program, Washington.—The 

conference has included additional funds for studies of the West 

Canal reach through Ephrata and for appraisal of the Odessa Subaquifer. 

Departmental Irrigation Drainage Program.—The conferees 

have included additional funds for the Uncompahgre, Colorado selenium project. 

Drought Emergency Assistance Program.—The conferees have 

provided additional funds for drought assistance and urge the 

agency to provide full and fair consideration of the request for 

drought assistance from the State of Hawaii. The conferees are 

aware of the impacts of the significant drought which has lasted 

several years in the West, and has provided $50,000 for drought assistance in an effort to mitigate some effects of the drought. Of the 

total funds provided, $250,000 is for Espanola, New Mexico and 

$200,000 is for Chimayo, New Mexico. 

Water 2025.—The dire drought the West is currently experiencing, combined with an unprecedented number of water users 

and endangered species and related requirements, make water use 

efficiencies more critical than ever. The conference has provided 

$19,500,000 for this initiative proposed by the administration. The 

reduction does not reflect the conference’s strong support for this 

effort. The initiative is an effort to enhance efficiency and performance in water and power delivery. Ultimately, the conference believes that the initiative, if successfully carried out, will result in 

enhanced efficiency in the operation of Reclamation programs and 

projects. Of the funds provided $2,000,000 is for the Desert Research Institute to address water quality and environmental issues 

in ways that will bring industry and regulators to mutually acceptable answers. The conference believes that the water resource and 

efficiency issues, combined with the drought and endangered species listings, make the Rio Grande River in New Mexico the embodVerDate Aug 04 2004 07:33 Dec 01, 2004 Jkt 096906 PO 00000 Frm 00926 Fmt 6601 Sfmt 6601 E:\HR\OC\HR792.XXX HR792
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iment of the Water 2025 initiative. Therefore, the conference has 

included $1,750,000 to provide for continued efficiency and water 

improvements related to the Middle Rio Grande Conservancy district, including a system evaluation, siphons, flow measurement 

gages, gates and the automation of diversions. 

In addition, the conference has included $1,000,000 for work 

related to the Aamodt water rights settlement efforts. 

The conference strongly encourages the Bureau to consider providing funding to the Rural Water Technology Alliance to implement low-cost remote sensing technologies and water conservation 

technologies in the West. The conferees have also provided additional funds for the Bureau of Reclamation to continue its successful alliance with the International Center for Water Resources 

Management at Central State University in Ohio, the Ohio View 

Consortium, and Colorado State University, for the development of 

advanced remote sensing technologies for use in operational decisionmaking to deal with the current drought conditions and with 

future constraining events. The conferees are also aware of the serious water shortage issues in Central Texas. There is significant 

potential to address these issues if salinity problems in the Lake 

Whitney watershed could be ameliorated. The Bureau is encouraged to work with local and State officials as well as researchers 

at Baylor University to address these problems. 

Science and Technology, Desalination Research and Development Program.—The conferees have provided additional funds for 

desalination efforts for research and development of new, advanced 

technologies to create new additional water supplies using desalination and related technologies. The Commissioner is directed to 

assess the potential use of advanced water treatment technologies 

as a resource to create new net water supplies and to evaluate 

project benefits, economic values and environmental effects. Further, the Commissioner should identify resource needs that can be 

met through these technologies and inter-party transfers, and to 

identify obstacles to be overcome (physical, financial, institutional, 

and regulatory). In using the funds provided, the Bureau shall pay 

particular attention to research and development of shallow well 

pretreatment, brine disposal and recycling, micro-filtration and 

ultra-filtration, and water conditioning. Further, the conference 

continues to urge the Bureau of Reclamation to place a higher priority on desalination activities in future budgets given the importance of sustainable water supplies to the West and to other regions of the country. Of the funds provided, $3,500,000 is for the 

continuation of the project in Tularosa, New Mexico. The conference notes that, with regard to the Tularosa Basin National Desalination Research Center, section 7 of the Water Desalination Act 

of 1996 does not apply to the project because it is a joint Federal 

effort. 

The conference has also included $3,000,000 in additional 

funding for the WateReuse Foundation. These funds shall be available to support the Foundation’s research priorities. 

Wetlands Development.—The conferees have provided $500,000 

for the Bureau of Reclamation to continue work on the East Wetlands Restoration project in Yuma, Arizona. 

924 

Title XVI, Water Reclamation and Reuse Program.—The conference agreement provides $1,655,000 for the Title XVI Water Reclamation and Reuse Program. Of this, $125,000 is provided for the 

Bureau to work with the Mission Springs, California, Water District to evaluate further the possibilities of using recycled water for 

groundwater recharge or other non-potable uses. 

Water Management and Conservation Program.—Within the 

funds provided, the conferees direct that $700,000 be used to continue urban water conservation programs within the service area 

of the Metropolitan Water District of Southern California and 

$200,000 for the Bureau to continue a cost shared, industrial recirculation water efficiency effort related to recirculating water use by 

industries in Southern California to conserve water. 

CENTRAL VALLEY PROJECT RESTORATION FUND

The conference agreement provides $54,695,000 for the Central 

Valley Project Restoration Fund. 

POLICY AND ADMINISTRATION

The conference agreement provides $58,153,000 for general administrative expenses. The conferees expect the Bureau of Reclamation to continue to observe underfinancing guidance provided 

in the fiscal year 2004 Energy and Water Appropriations Act. 

GENERAL PROVISIONS—DEPARTMENT OF THE INTERIOR

Sec. 201. The conference report includes language regarding 

Kesterson Reservoir in California. 

Sec. 202. The conference report includes language regarding 

the purchase or lease of water in New Mexico. 

Sec. 203. The conference report includes language regarding 

the Lower Colorado River Basin Development. 

Sec. 204. The conference report includes language regarding 

Drought Emergency Assistance. 

Sec. 205. The conference report includes language regarding 

the San Juan Chama Project in New Mexico. 

Sec. 206. The conference report includes language regarding 

Water 2025. 

Sec. 207. The conference report includes language regarding 

the Animas La Plata project. 

Sec. 208. The conference report includes language regarding 

Montana water contract extensions. 

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936 

TITLE III—DEPARTMENT OF ENERGY 

The summary tables at the end of this title set forth the conference agreement with respect to the individual appropriations, 

programs, and activities of the Department of Energy. Additional 

items of conference agreement are discussed below. 

CONGRESSIONAL DIRECTION

The conferees support the House language requiring the Secretary to submit to the House and Senate Committees on Appropriations, Subcommittee on Energy and Water Development, a 

quarterly report on the status of all projects, reports, fund transfers, and other actions directed in the House bill and report for the 

Energy and Water Development Appropriations Act for Fiscal Year 

2005, and in this conference agreement. 

FIVE-YEAR BUDGET PLANNING

The conferees agree with the House language regarding fiveyear budget planning. 

NON-NNSA WORK AT NNSA FACILITIES

Within 90 days of enactment, the conferees direct the Secretary, working with the Administrator of the National Nuclear Security Administration (NNSA), to put in place written procedures 

for work taskings originating from non-NNSA program offices in 

DOE to NNSA laboratories that are consistent with the constraints 

of Section 3213 of Public Law 106–65, as subsequently modified by 

Section 3157 of Public Law 106–398, and follow the chain of command (i.e., through the Secretary of Energy and the Administrator 

of the NNSA to the NNSA field elements) that is clearly specified 

in those statutes. 

LABORATORY DIRECTED RESEARCH AND DEVELOPMENT (LDRD) 

The conferees recognize the value of conducting discretionary 

research at DOE’s national laboratories. Such research provides 

valuable benefits to the Department and to other Federal agencies, 

and is useful for attracting and retaining scientific talent. 

However, the conferees continue to have serious reservations 

about the financial execution of this program, specifically with how 

the Department’s laboratories levy the LDRD ‘‘tax’’ on work being 

performed for other agencies (Work for Others). The conferees 

agree with the concerns detailed in the House report dealing with 

LDRD and work for others. Beginning with the enactment of this 

appropriation, DOE shall not advance funds for LDRD based upon 

work for others, but only provide the LDRD funds to the labs once 

the Department has received the fund transfers from other agencies to pay for the work. 

REPROGRAMMING GUIDELINES

The conferees require the Department to inform the House and 

Senate Committees on Appropriations promptly and fully when a 

change in program execution or funding is required during the fisVerDate Aug 04 2004 07:33 Dec 01, 2004 Jkt 096906 PO 00000 Frm 00940 Fmt 6601 Sfmt 6601 E:\HR\OC\HR792.XXX HR792
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cal year. A reprogramming includes the reallocation of funds from 

one activity to another within an appropriation, or any significant 

departure from a program, project, or activity described in the 

agency’s budget justification as presented to and approved by Congress. For construction projects, a reprogramming constitutes the 

reallocation of funds from one construction project identified in the 

justifications to another project or a significant change in the scope 

of an approved project. 

A reprogramming should be made only when an unforeseen situation arises, and then only if delay of the project or the activity 

until the next appropriations year would result in a detrimental 

impact to an agency program or priority. The Department should 

not submit reprogrammings in the fourth quarter of the fiscal year 

unless necessitated by an unforeseeable change in external circumstances. Reprogrammings may also be considered if the Department can show that significant cost savings can accrue by increasing funding for an activity. Mere convenience or desire should not 

be factors for consideration. 

Reprogrammings should not be employed to initiate new programs or to change program, project, or activity allocations specifically denied, limited, or increased by Congress in the Act or report. 

In cases where unforeseen events or conditions are deemed to require such changes, proposals shall be submitted in advance to the 

Committees and be fully explained and justified. 

The conferees have not provided statutory language to define 

the reprogramming guidelines, but do expect the Department to follow the spirit and the letter of the guidance provided in this report. 

The Committees have not provided the Department with any internal reprogramming flexibility in fiscal year 2005, unless specifically 

identified in the House or conference reports. Any reallocation of 

new or prior year budget authority or prior year deobligations must 

be submitted to the Committees in writing and may not be implemented prior to approval by the Committees on Appropriations. 

REDUCTIONS NECESSARY TO ACCOMMODATE SPECIFIC PROGRAM

DIRECTIONS

The Department is directed to provide a report to the House 

and Senate Committees on Appropriations by March 30, 2005, on 

the actual application of any general reductions of funding or applications of prior year balances contained in this conference agreement. Such reductions are to be applied proportionately against 

each program, project, or activity. If necessary, the Department 

must submit a reprogramming to reallocate funds if the proportional reduction unduly impacts a specific program, project, or activity. 

SMALL BUSINESS PROCUREMENTS

The conferees are concerned that the Department of Energy’s 

current efforts at breaking out procurement requirements for small 

business contracts do not represent a systematic approach for consideration of small business statutory goals together with other legitimate acquisition objectives. The conference report includes statutory language (General Provisions 312 and 313) requiring the DeVerDate Aug 04 2004 07:33 Dec 01, 2004 Jkt 096906 PO 00000 Frm 00941 Fmt 6601 Sfmt 6601 E:\HR\OC\HR792.XXX HR792
938 

partment to undertake such a systematic approach by utilizing the 

appropriate consultative process set forth in the Federal Acquisition Regulation. 

ENERGY SUPPLY

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

Supply. 

RENEWABLE ENERGY RESOURCES

The conference agreement provides $389,063,000 for renewable 

energy resources. As in fiscal year 2004, funds for renewable energy resources shall remain available until expended. The conferees 

provide $5,000,000 for the National Center on Energy Management 

and Building Technologies and direct that this project shall be subject to the cost sharing requirements of a research project rather 

than a demonstration project. 

Biomass/biofuels.—The conference agreement includes 

$82,147,000 for biomass and biorefinery systems research and development. The conference agreement includes $500,000 for the 

Oxydiesel demonstration program in California and Nevada; 

$500,000 for a biorefinery at the Louisiana State University Agricultural Center; $500,000 for the ThermoEnergy research project at 

the University of Nevada-Reno; $500,000 for the Vermont Biomass 

Energy Center; $500,000 for the Vermont Biofuels Initiative; 

$500,000 for the National Ag-Based Industrial Lubricants Center 

at the University of Northern Iowa; $500,000 for the Chariton Valley Biomass Project; $250,000 for the Eastern Nevada Landscape 

Coalition for biomass restoration and science-based restoration; 

$250,000 for the City of Wells, Nevada, Recycling for Energy Conservation Project; $1,000,000 for the Center for Biomass Utilization 

at the University of North Dakota; $500,000 for the Livingston Parish Alternative Fuel Plant Construction; $3,000,000 for the Consortium for Plant Biotechnology Research (CPBR); $200,000 for the 

Alaska Wood Biomass project; $3,000,000 for the Mississippi Technology Alliance Alternative Energy Enterprise Program; $1,500,000 

for the Mississippi State University Biodiesel from Feedstocks 

project; $2,000,000 for the Kentucky Rural Energy Supply program; 

$1,500,000 to the South-Eastern and North-Central Regional Sun 

Grant Centers for purposes as authorized in H.R. 2673, the Consolidated Appropriations Act, 2004, which amended Title IX of the 

Farm Security and Rural Investment Act of 2002, for research, extension, and educational programs on biobased energy technologies 

and products; $500,000 for the Purdue-Midwest Consortium for 

Sustainable Biofuels; $1,000,000 for the Texas A&M Renewable 

Energy from Animal Biowaste project; $1,500,000 for the Biotechto-Ethanol Project; $2,000,000 for the National Biofuel Energy Laboratory; $1,000,000 for the Research Triangle Biomass project in 

North Carolina; $2,000,000 for sugar-based ethanol biorefinery at 

Louisiana State University; $200,000 for the SUNY-Morrisville anaerobic digester project; $3,000,000 through NREL for demonstration for a small-scale biomass system (BioMax); $1,000,000 for research on anaerobic digestion by the Ohio Agricultural Research 

Development Center in cooperation with the City of Wooster. The 

939 

conference agreement provides $500,000 for alternative fuel source 

study in Alabama, $1,500,000 is provided for a biorefinery and hydrogen fuel cell research in Georgia. 

The conferees believe that the Regional Biomass Energy Program (RBEP) has been a successful partnership and provide 

$4,000,000 for product development and State and Regional partnership activities. 

Geothermal.—The conference agreement includes $25,800,000 

for geothermal activities, the same as the budget request. 

Geopowering the West is funded at current year levels. The Department is directed to maintain funding for university research at 

the fiscal year 2004 funding level. The conference agreement includes $500,000 for the Full Circle Project in Lake County, California; $1,000,000 for geothermal research at the University of Nevada-Reno; $500,000 for the Tuscarora Geothermal Project; 

$300,000 for the Klamath and Lake Counties Geothermal-Agricultural Industrial Park in Oregon; $750,000 for the Geothermal Mill 

Redevelopment project in Massachusetts; and $196,000 for the University of Texas Permian Basin Center for Energy and Economic 

Diversification for geothermal research. 

Hydrogen.—The conference agreement includes $95,325,000 for 

hydrogen activities. No funds are provided for the proposed effort 

on hydrogen education as these efforts are premature. The conference agreement includes $2,000,000 for the Fuel Cell Mine Loader and Prototype Locomotive; $1,000,000 for the Hawaii Hydrogen 

Center for Development and Deployment of Distributed Energy 

Systems; $5,000,000 for the University of Nevada-Las Vegas renewable hydrogen fueling station system; $3,000,000 for the University of Nevada-Las Vegas for hydrogen storage and fuel cells; 

$100,000 for the Zero Emission Bus Demonstration Program Evaluation; $1,000,000 for the hydrogen fuel cell project for the Regional Transportation Commission of Washoe County, Nevada; 

$1,100,000 for the Ohio Distributed Hydrogen Project; $2,000,000 

for the Hydrogen Regional Infrastructure Program; $2,000,000 for 

the University of South Carolina Clean Energy Research program; 

$1,000,000 for the University of Toledo/Bowling Green Fuel Cell 

Research project; $5,000,000 for the California Hydrogen Infrastructure Project, including $1,000,000 for validation efforts within 

the Lake Tahoe basin; $500,000 for Startech plasma conversion 

technology; $3,000,000 for fuel cell research at the University of 

South Florida; $3,000,000 for the Edison Materials Technology 

Center to develop improved materials to support the hydrogen 

economy; and $2,000,000 for the Florida Hydrogen Initiative; 

$5,000,000 should be used to support a competitive solicitation for 

solid oxide fuel cell research under a cost-shared program to look 

at the application of solid oxide electrochemical technology for coproduction of hydrogen and electricity and also for storage of electricity through closed and open system regenerative fuel cells. 

The conferees strongly support the FreedomCar and Hydrogen 

Fuel initiatives. 

Hydropower.—The conference agreement provides $5,000,000 

for hydropower. As directed previously, the Department should 

focus its efforts on completing a limited program of testing and 

demonstration of new turbine technologies and then transfer these 

940 

technologies to other Federal agencies and private sector firms for 

deployment. The proposed increase for advanced hydropower technology should be funded by the agencies that own and operate the 

Federal hydropower facilities, not by the Department of Energy. 

Solar Energy.—The conference agreement includes $86,533,000 

for solar energy programs. As in prior fiscal years, the conferees 

have combined the concentrating solar power, photovoltaic energy 

systems, and solar building technology subprograms into a single 

program for solar energy, with the control level at the solar energy 

program account level. The Southeast and Southwest photovoltaic 

stations are to be funded at current year levels and the conferees 

direct the Department to continue to support the public-private 

Million Solar Roofs program. The conferees include $6,000,000 from 

within available funds for concentrating solar power. The conference agreement includes $200,000 for Photovoltaic panels for the 

Mark Twain House and Museum; $750,000 for the Solar Technology Center at the University of Nevada-Las Vegas; $1,500,000 

for Photonics Research and Development at the University of Nevada-Las Vegas; $4,500,000 for the evaluation of solar-powered 

thermo-chemical production of hydrogen for the University of Nevada-Las Vegas; $400,000 for the University of Louisville Sustainable Buildings project; $1,500,000 for the Conductive Coatings for 

Solar Cells project; and $250,000 for the Town of Yucca Valley 

solar energy project (CA). 

Wind.—The conference agreement includes $41,600,000 for 

wind programs. The conference agreement includes $500,000 for 

the North Dakota Hydrogen Wind Pilot Project; $500,000 for the 

Great Plains Wind Energy Transmission Development Project; 

$1,500,000 for the Alaska Wind Energy project; $500,000 for the 

Renewable Energy for Rural Economic Development Program, 

Utah State University (UT); $500,000 for the Iowa Lakes Community College wind turbine project; and $525,000 for the St. Francis 

University (PA) wind farm project. 

Intergovernmental Activities.—The conference agreement includes $17,000,000 for renewable support and implementation. This 

amount includes $6,500,000 for the international renewable energy 

program, including $2,000,000 for the International Utility Electricity Partnership (IUEP), $5,500,000 for tribal energy, and 

$5,000,000 for the Renewable Energy Production Incentive (REPI). 

The conference agreement includes $1,000,000 for the Pyramid 

Lake Paiute Tribe Renewable Energy Park; $1,000,000 for the 

Council of Renewable Energy Resource Tribes (CERT); and 

$600,000 for the Clean Energy Technology Exports (CETE) initiative. The funds for CETE are provided to the Office of International 

Energy Market Development in the Department of Energy to carry 

out a program in support of the multi-Agency Clean Energy Technology Exports Initiative. 

Renewable Support and Implementation.—The conference 

agreement provides $4,967,000, including $1,967,000 for departmental energy management and $3,000,000 to continue the efforts 

of the National Renewable Energy Laboratory (NREL) to develop 

renewable energy resources uniquely suited to the Southwestern 

United States through its virtual site office in Nevada. 

941 

National Climate Change Technology Initiative.—The conferees 

provide no funds for this initiative. 

Facilities and Infrastructure.—The conference agreement pro- vides the requested amount of $4,800,000 for the National Renewable Energy Laboratory (NREL) and includes an additional 

$6,680,000 for construction of the new Science and Technology facility at NREL (project 02–E–001). 

Program Direction.—The conference agreement includes $19,211,000 for program direction. 

ELECTRICITY TRANSMISSION AND DISTRIBUTION

The conference agreement provides $121,155,000 for Electricity 

Transmission and Distribution. The conference agreement includes 

$5,000,000 to accelerate the operation of the national SCADA 

testbed at the Idaho National Laboratory. The conferees provide 

$5,500,000 for the GridWorks initiative and $6,500,000 for the 

GridWise initiative, which includes an additional $1,500,000 in 

GridWise for the Northwest Regional Demonstration project. The 

conference agreement includes: $750,000 for the Electric Utility 

Transmission and Distribution Line Engineering Project; $325,000 

for the Pacific Northwest Bi-National Regional Energy Planning 

Initiative (AK); $3,000,000 for the Western Environmental Technology Office; $2,000,000 for the University of Missouri at Rolla 

electric transmission program; $1,000,000 for the Smart Energy 

Management Control Systems project in Alabama; $1,500,000 for 

the Northwest Indiana Electric Infrastructure project; $1,500,000 

for the University of Notre Dame for research on ionic fluids for 

power distribution; $1,500,000 for the Center for Grid Modernization (PA); $1,000,000 for the Large Scale Energy Center in Michigan; $750,000 for research on advanced ceramic engines and materials for energy applications; $1,000,000 for the National Center for 

Reliable Electric Power Transmission to develop high power siliconcarbide based power electronics systems (AR); $2,000,000 to continue development of the bi-polar Ni-Mh wafer cell battery storage 

system; $1,500,000 for the Iowa Stored Energy Plant using an underground aquifer; $2,000,000 for research, development, and demonstration of advanced thermal energy storage technology integrated with renewable thermal energy technology; $5,000,000 for a 

Florida state-wide university research initiative on electric power 

infrastructure and security; $3,000,000 for research into lead carbon acid asymmetric supercapacitors; and $400,000 for Dine Power 

in New Mexico. The conference agreement provides $500,000 for alternative fuel source study in Alabama. The conference agreement includes $10,500,000 for the National Energy Technology Laboratory (NETL) for energy assurance 

technology and electric grid modeling activities, including 

$3,000,000 for program direction, travel, and other related direct 

and indirect expenses. An additional $5,000,000 shall be for NETL 

to continue the planning, design, and construction of an energy information training facility at Camp Dawson. An additional 

$4,000,000 shall be available to continue physical improvements at 

the facility. 

The conferees agree that the Office of Energy Assurance should 

be closed and that the functions of that office should be merged 

942 

with the functions of the Office of Electricity Transmission and Distribution. 

NUCLEAR ENERGY

The conference agreement provides a total of $513,271,000 for 

Nuclear Energy. The Office of Nuclear Energy, Science and Technology is the lead office with landlord responsibilities for the Idaho 

site. Because this site provides considerable support to defense activities and naval nuclear reactors, $114,347,000 of costs are allocated to other defense activities and $10,000,000 is allocated to 

Naval Reactors. Both programs are in the 050 budget function. 

The conferees commend the State of South Carolina for recently creating one of the first new graduate nuclear engineering 

programs in the last 20 years. The conferees provide $1,500,000 

from available funds to support this effort. The conferees also support the efforts of the University of Nevada-Las Vegas to launch a 

graduate nuclear engineering program and instruct the Department to support this worthy effort. 

University reactor fuel assistance and support.—The conference 

agreement includes $24,000,000. 

Research and development.—The conference agreement pro- vides $172,000,000 for nuclear energy research and development 

activities. The conference agreement includes $2,500,000 for nuclear energy plant optimization (NEPO) to address the effects of 

aging on material in nuclear plants, $2,500,000 for the nuclear energy research initiative (NERI), $50,000,000 for Nuclear Power 

2010, $40,000,000 for the Generation IV nuclear energy systems 

initiative, $9,000,000 for the nuclear hydrogen initiative, and 

$68,000,000 for the Advanced Fuel Cycle Initiative (AFCI). These 

NERI funds are in addition to funds included in the request for 

other nuclear research and development items. 

For Nuclear Power 2010, the conferees direct the Department 

to focus the resources on the demonstration of the regulatory licensing processes of 10 CFR Part 52 for early site permits, design 

certifications, and combined construction and operating licenses. 

This is to be cost-shared with industrial and governmental entities. 

Within the funding for Generation IV, the conferees direct that $25,000,000 be used for the Next Generation Nuclear Plant 

(NGNP) project. The conferees expect the Department to submit a 

budget in fiscal year 2006 that is consistent with the goal of demonstrating hydrogen production and electricity generation by 2015 

at the Idaho National Laboratory. 

Within the Nuclear Hydrogen Initiative, the conferees provide $4,000,000 to the UNLV Research Foundation to continue research 

and development of high temperature heat exchangers and chemical processing equipment to permit demonstration of nuclear-powered production of hydrogen from water. 

Within the Advanced Fuel Cycle Initiative, the conferees direct $7,000,000 to the UNLV Research Foundation for continued research; of this amount, $3,000,000 is provided for collaborative 

studies of ‘‘deep burn’’ fuel cycles in advanced nuclear reactor designs. Also within available funds, $3,000,000 is provided for the 

Idaho Accelerator Center and $7,000,000 is provided to develop a 

Nuclear Energy Materials Test Station at the Los Alamos Neutron 

943 

Science Center to advance the technology needed to support the 

materials and fuel experiments required by the Advanced Fuel 

Cycle and for the exploration of Generation IV fast neutron spectrum systems. 

Radiological Facilities Management.—The Office of Nuclear 

Energy, Science and Technology operates a variety of facilities and 

equipment to support the needs of space, defense, and medical customers who obtain radiological materials from the Department of 

Energy on a reimbursable basis. The conference agreement provides $69,110,000 for this work. 

Space and defense power systems infrastructure.—The conference agreement includes $33,800,000 to maintain the infrastructure necessary to support future national security needs and National Aeronautics and Space Administration missions. 

Medical isotopes infrastructure.—The conference agreement includes $21,194,000 for the medical isotope program and 

$13,616,000 for construction of facility modifications for U–233 disposition at Oak Ridge National Laboratory. 

Idaho Facilities Management.—The conference agreement provides $121,527,000 for Idaho National Laboratory operations and 

infrastructure. This funding covers activities previously funded separately in budget lines for ANL-West and INEEL. The conference 

agreement provides the requested amount of $1,523,000 for project 

99–E–200, at the Test Reactor Area. Within available funds, 

$10,000,000 is provided for capital improvements and operational 

upgrades to the Advanced Test Reactor. Of these funds, $8,000,000 

is designated for capital improvements, including the ATR Gas 

Loop and $2,000,000 is provided for operational systems and upgrades. The conferees provide $5,000,000 for critical infrastructure 

upgrades at Argonne National Laboratory-West. 

Idaho Sitewide Safeguards and Security.—The conference 

agreement provides $58,103,000 for Idaho sitewide safeguards and 

security. 

Spent Nuclear Fuel Management.—The conferees direct the Office of Nuclear Energy, Science and Technology to assume the responsibilities that were proposed for transfer to the Office of Civilian Radioactive Waste Management. The conference recommendation provides the requested amount of funding, $6,723,000. Within 

available funds, $1,500,000 is provided to inspect and repackage 

the spent fuel stored at the Lynchburg Technology Center in Virginia. 

Program direction.—The conference agreement includes 

$60,285,000 for program direction. 

ENVIRONMENT, SAFETY, AND HEALTH (NON-DEFENSE)

The conference agreement provides $28,000,000 for non-defense environment, safety and health activities, which includes 

$20,000,000 for program direction. The conference agreement includes the transfer of $700,000 to the Occupational Health and 

Safety Administration (OSHA) for the costs of OSHA regulation of 

worker health and safety at DOE’s non-nuclear facilities not covered under the Atomic Energy Act. 

944 

OFFICE OF LEGACY MANAGEMENT (NON-DEFENSE)

The conference agreement provides $31,130,000 for the Office 

of Legacy Management, the same as the budget request. 

NON-DEFENSE SITE ACCELERATION COMPLETION

The conference agreement provides $151,850,000 for Non-Defense Site Acceleration. 

2006 Accelerated Completions.—The conference agreement provides $45,435,000, the same as the budget request. 

2012 Accelerated Completions.—The conference agreement provides $98,191,000, the same as the budget request. 

2035 Accelerated Completions.—The conference agreement provides $8,224,000 for 2035 Accelerated Completions. The Conferees’ 

recommendation includes the requested $7,773,000 to accelerate remediation of the former Atlas Mill Site in Moab, Utah. 

NON-DEFENSE ENVIRONMENTAL SERVICES

The conference agreement provides $291,296,000 for non-defense environmental services. 

Community and regulatory support.—The conference agreement provides $90,000, the same as the budget request. 

Environmental cleanup projects.—The conference agreement 

provides $46,083,000, the same as the budget request. 

Non-closure environmental activities.—The conference agreement provides $245,123,000, the same as the budget request. The 

conferees provide $100,000,000 for the Depleted Uranium 

Hexafluoride Conversion Project, Paducah, Kentucky and Portsmouth, Ohio (project 02–U–101), including an additional $7,400,000 

to ensure that conversion and disposition of the accumulated DUF6 

is carried out as soon as is safely possible. 

URANIUM ENRICHMENT DECONTAMINATION AND DECOMMISSIONING

FUND

The conference agreement provides $499,007,000 for activities 

funded from the Uranium Enrichment Decontamination and Decommissioning Fund. 

The Conferees’ recommendation provides a total of 

$112,178,000 for activities related to the Paducah Gaseous Diffusion Plant. The Conferees provide $19,421,000 in additional funds 

to accelerate characterization and disposal of legacy waste stored 

at the plant, including 50,000 tons of scrap metal and 41,000 

drums of low-level waste at the Paducah Gaseous Diffusion Plant. 

The conferees provide $80,000,000 for uranium and thorium reimbursements. 

The Conferees reiterate the fiscal year 2004 conference guidance regarding the barter arrangement. 

SCIENCE

The Science account funds the Department’s work on high energy physics, nuclear physics, biological and environmental 

sciences, basic energy sciences, advanced scientific computing, 

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945 

ergy sciences, safeguards and security, science workforce development, and science program direction. The conference agreement 

provides $3,628,902,000. The conferees encourage the Department 

to request sufficient funds for the Office of Science in fiscal year 

2006 to operate user facilities for as much time as possible, to enhance user support, and to upgrade essential equipment at the Department’s Science user facilities. 

The conferees reiterate their support for broader participation 

by universities in DOE’s research programs, including existing user 

facilities and potential new user facilities. The conferees are aware 

of the Office of Science’s strategy for future facilities. Where existing facilities provide capabilities critical to a new user facility, colocation is appropriate; where this is not the case, the location of 

new user facilities should be openly competed. Regardless of location, broad participation in design by staff from national laboratories, user faculty from colleges, universities, and industrial investigators and groups should be sought. All of these user groups must 

have access to these capabilities on a competitive basis. 

High energy physics.—The conference agreement provides $741,629,000 for high energy physics research. The control level is 

at the High Energy Physics level. The conferees encourage the Department to proceed with the Dark Energy Mission even if the primary science of the mission and mission development must be pursued by the Department so as to avoid schedule delays resulting 

from implementing the mission jointly with NASA. International 

cooperation and appropriate launch arrangements should be pursued where appropriate. The conferees recognize that an excellent 

and energized science team has been assembled for this exciting 

mission. Within available funds, the conferees redirect $5,000,000 

from the Science Laboratories Infrastrucuture construction funds 

at the Stanford Linear Accelerator Center MEL–001 Subproject 36 

to the High Energy Physics account for the research program at 

SLAC. 

Nuclear physics.—The conference agreement provides 

$408,040,000 for nuclear physics. An additional $5,000,000 is provided to continue research and development and initiate concept 

design activities for the Rare Isotope Accelerator, and an additional 

$7,000,000 is provided to increase utilization of the user facilities 

in the Nuclear Physics program. 

Biological and environmental research.—The conference agreement includes $576,590,000 for biological and environmental research. The conference agreement provides an additional 

$10,000,000 to initiate Project Engineering and Design for the proposed new facility for the production and characterization of proteins and molecular tags. The Conferees do not agree with the Department’s strategy of restricting competition for such a facility to 

only the DOE national laboratories. The Department should 

present in the fiscal year 2006 budget request an alternate procurement strategy for this and future Genomes to Life (GTL) facilities 

that will maximize rather than limit competition and will allow 

universities and other entities to compete with DOE national laboratories for these new GTL facilities. The Department is encouraged to consult with NASA, which for decades has conducted competitions for the development of research instrumentation among 

946 

universities, NASA, DOE, and other government laboratories, and 

other entities including for-profit corporations. The conference agreement includes $2,000,000 for a science building at Waubonsee Community College in Illinois; $1,000,000 

for digital playback hardware and software for recording for the 

blind and dyslexic; $600,000 for All Children’s Hospital in Florida; 

$300,000 for Eckerd College in Florida; $2,000,000 for Applied Research and Technology Park electrical and communication infrastructure improvements in Springfield, Ohio; $250,000 for a Multiple Sclerosis, Alzheimer’s, Parkinson’s, Lou Gehrig’s Imaging System at the Cleveland Clinic in Ohio; $125,000 for Duchenne Muscular Dystrophy research-related equipment at Children’s National 

Medical Center in the District of Columbia; $125,000 for Duchenne 

Muscular Dystrophy research-related equipment at the University 

of Washington-Seattle; $500,000 for the Northeast Regional Cancer 

Center in Scranton, Pennsylvania; $250,000 for Ohio State University for environmental research in cooperation with Earth University; $125,000 for the University of Akron, Ohio, Polymer Center; 

$125,000 for the Ohio Northern University, Ada, Ohio, Science and 

Pharmacy Building; $250,000 for the Alabama A&M University; 

$600,000 for University of Texas at Arlington optical medical imaging equipment; $1,000,000 for the Missouri Alternative and Renewable Energy Technology Center, Crowder College; $600,000 for the 

San Antonio, Texas, Cancer Research and Therapy Center; 

$250,000 for the University of South Alabama Cancer Center; 

$1,250,000 for the Virginia Commonwealth University Massey Cancer Center; $250,000 for the Saint Francis Hospital, Delaware, Cardiac Catheterization Lab; $450,000 for the Jacksonville University 

Environmental Science Center; $600,000 for the Houston, Texas, 

Alliance for Nanohealth; $250,000 for the Virginia Science Museum; $1,000,000 for the Polly Ryon Memorial Hospital, Texas; 

$250,000 for the St. Thomas University Minority Science Center, 

Miami, Florida; $500,000 for Project Intellicare, Roseville, California; $250,000 for the Virginia Polytechnic Institute Center for 

High-Performance Learning Environment; $500,000 for Georgia 

State University; $700,000 for the Michigan Research Institute for 

life science research; $700,000 for the University of Arizona Environment and Natural Resources Phase II Facility; $250,000 for the 

Children’s Hospital of Illinois ambulatory care project; $700,000 for 

the Loma Linda University, California, Medical Center synchrotron 

expansion; $250,000 for the University of Dubuque, Iowa, Environmental Science Center; $250,000 for the Ball State University, Indiana, Bioenergetics Research Initiative; $600,000 for the 

Clearfield Area School District, Pennsylvania, Energy Initiative; 

$500,000 for Digital Cardiology equipment at Children’s Hospital 

and Research Center, Oakland, California; $750,000 for the National Childhood Cancer Foundation; $250,000 for the Roswell Park 

Cancer Institute, New York, Center for Genetics and Pharmacology; $250,000 for Bucknell University, Pennsylvania, Materials 

Science Laboratory; $1,000,000 for the Science Center at Mystic 

Seaport, Connecticut; $250,000 for the Saratoga Hospital, New 

York, radiation therapy center; $600,000 for the San Joaquin Community Hospital, Bakersfield, California; $700,000 for the Syracuse 

University, New York, Environmental Systems Center; $600,000 

947 

for the University of Tennessee Sim Center; and $250,000 for the 

St. Mary’s Hospital, Kankakee, Illinois. The conference agreement includes $575,000 for the Derby 

Center for Science and Mathematics at Lyon College in Arkansas; 

$1,000,000 for the Rush Presbyterian St. Luke’s Medical Center in 

Illinois; $1,000,000 for Medical Research and Robotics at the University of Southern California; $750,000 for the Advanced Building 

Efficiency Testbed at Carnegie Mellon University; $1,000,000 for 

DePaul University Biological Sciences; $500,000 for the Philadelphia Educational Advancement Alliance; $750,000 for Northwestern University Institute of Bioengineering and Nanoscience in 

Medicine; $500,000 for the Rensselaer Polytechnical Institute Center for Bioscience; $750,000 for St. Peter’s Biotechnical Research in 

New Jersey; $160,000 for the Berkshire Environmental Center in 

Massachusetts; $500,000 for the Center for the Environment at the 

University of Massachusetts; $1,000,000 for technical upgrades at 

St. Joseph Hospital in Arizona; $515,000 for the Center for Science 

at the University of San Francisco in California; $1,000,000 for 

Augsburg College in Minnesota; $1,000,000 for the Bronx Community Center for Sustainable Energy; $500,000 for Marquette General Hospital in Marquette, Michigan; $1,500,000 for the IllinoisIndiana Super-Grid Program connecting Argonne National Laboratory and Purdue and Notre Dame Universities; $1,000,000 for the 

Purdue Calumet Water Environmental Institute; $1,000,000 for the 

Multi-Discipline Engineering Institute at Notre Dame in Indiana; 

and $1,000,000 for the Energy Efficiency Project at Valparaiso University in Indiana. The conference agreement provides $11,000,000 for the Mental 

Illness and Neuroscience Discovery Institute in New Mexico; 

$1,800,000 for Military Spirit in New Mexico; $2,000,000 for the 

Academic Center Sustainable Design Project at St. Francis College, 

New York; $3,000,000 for the University of Louisville Pediatric 

Clinical Proteomic Center; $2,000,000 for the University of Louisville Institute for Advanced Materials; $2,000,000 for the Advanced 

Bioreactor located in Butte, Montana; $1,200,000 to expand the 

Center for Integrated and Applied Environmental Toxicology at the 

University of Southern Maine; $500,000 for the University of Tennessee Cancer Institute; and $500,000 for St. Jude Children’s Research Hospital in Tennessee. 

The conference agreement includes $250,000 for the Huntsman 

Cancer Institute; $500,000 for the Mega-Voltage Cargo Imaging 

Development Applications for the Nevada Test Site; $500,000 for 

the California Hospital Medical Center PET/CT Fusion Imaging 

System; $500,000 for the Luci Curci Cancer Center Linear Accelerator; $500,000 for Project Intellicare in California; $750,000 for 

the University Medical Center in Las Vegas, Nevada; $500,000 for 

the Southern California Water Education Center; $500,000 for Live 

Cell Molecular Imaging System at the University of Connecticut; 

$500,000 for the St. Francis Hospital Wilmington, Delaware, MRI 

and Cardiac Catherization Laboratory; $500,000 for the University 

of Delaware for the Delaware Biology Institute; $500,000 for the 

University of Nevada-Las Vegas School of Public Health; $250,000 

for the Latino Development and Technology Center; $250,000 for 

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948 

versity Chemistry Lab Renovation Project; $250,000 for the Edward Hospital Cancer Center; $500,000 for the Mary Bird Perkins 

Cancer Center; $500,000 for the Morgan State University Center 

for Environmental Toxicology; $500,000 for the Suburban Hospital 

in Montgomery County, Maryland; $500,000 for the University of 

Massachusetts at Boston Multidisciplinary Research Facility and 

Library; $500,000 for the Martha’s Vineyard Hospital; $750,000 for 

the Nevada Cancer Institute; $500,000 for the Mercy Hospital 

Grayling, Michigan Rural Healthcare Advancement Initiative; 

$750,000 for the Health Sciences Complex at Creighton University; 

$500,000 for the Hackensack University Medical Center Women 

and Children’s Pavilion; $500,000 for the Kennedy Health System 

Linear Accelerator; $750,000 for the University of Buffalo Center 

of Excellence in Bioinformatics; $500,000 for the Hospital for Special Surgery National Center for Musculoskeletal Research; 

$500,000 for the New University in New York City; $500,000 for 

the Radiochemistry research facility at the University of NevadaLas Vegas; $250,000 for the Hauptman-Woodward Medical Research Institute; $1,000,000 for the Vermont Institute of Natural 

Science; and $750,000 for the Tahoe Center for Environmental 

Services. 

Molecular Medicine.—The conferees continue to support research that brings together PET imaging, systems biology and 

nanotechnology to develop new molecular imaging probes. These 

probes should provide a biological diagnosis of disease that it informative of the molecular basis of disease and specific for guiding 

the development of new molecular therapies. 

The conferees are concerned about consequence mitigation activities and public health impacts associated with the threat of any 

radiological event and strongly encourage the Department to develop therapeutic radiological countermeasures to protect against 

exposure to the effects of ionizing radiation. The conferees are 

aware of the potential of inositol radiation and encourages the Department to support research of this emerging technology. The conferees recommend that the Department fund medical therapy research and other treatment options to protect the public health 

against radiation exposure. 

The conferees strongly support the Department’s efforts to 

maintain the scientific infrastructure of the Nation’s structural biology assets, and encourage the Department to work to address the 

needs within the broader community. The Department should continue to work constructively with the non- profit entity operating 

the X4A and X4C beamlines to fund state-of-the-art detectors, 

goniometers, and automated sample changing equipment, using 

available funds. 

Basic Energy Sciences.—The conference agreement includes 

$1,113,530,000 for Basic Energy Sciences. The conference agreement includes $628,228,000 for materials sciences and engineering 

research, and $253,422,000 for chemical sciences, geosciences, and 

energy biosciences. For purposes of reprogramming during fiscal 

year 2005, the Department may allocate funding among all operating accounts within Basic Energy Sciences. The conference agreement also provides the request of $7,673,000 for the Experimental 

Program to Stimulate Competitive Research (EPSCoR). 

949 

Advanced scientific computing research.—The conference agree- ment includes $234,340,000 for advanced scientific computing research (ASCR), an increase of $30,000,000 over the budget request, 

with not more than $25,000,000 devoted to hardware. The conferees support the House Report language on ASCR. 

Science laboratories infrastructure.—The conference agreement provides $42,336,000 for science laboratories infrastructure, including an additional $5,000,000 to correct safety deficiencies at 

Science laboratories, and $6,100,000 additional for excess facilities 

disposal. 

The conference agreement provides the requested amounts of $1,766,000 for infrastructure support, $5,079,000 for Oak Ridge 

landlord costs, and $24,391,000 for construction of various infrastructure projects (MEL–001). Of this increase, $5,000,000 additional is provided to continue infrastructure subproject 18 under 

MEL–001 to support continuing activities at the Pacific Northwest 

National Laboratory to replace the infrastructure being displaced 

by the closure of the 300 Area at the Hanford site. 

Fusion energy sciences.—The conference agreement includes $276,110,000 for fusion energy sciences, an increase of $12,000,000 

over the budget request. The additional $12,000,000 is to be used 

to increase the utilization of existing large and small experiments; 

further work in inertial fusion technology; take advantage of opportunities in High Energy Density Physics, including research on fast 

ignition, and large-scale scientific computing; and provide for costeffective construction and development of the National Compact 

Stellarator Experiment. The conference notes the delay in site selection for the International Thermonuclear Experimental Reactor 

(ITER) and directs the Department to reduce its planned expenditures on ITER in fiscal year 2005 in consideration of this delay. 

Safeguards and security.—The conference agreement includes $73,315,000 for safeguards and security activities at laboratories 

and facilities managed by the Office of Science. 

Science workforce development.—The conference agreement provides the requested amount of $7,660,000 for science workforce 

development. The conferees encourage the Department to provide 

funds and technical expertise for high school students to participate in the For Inspiration and Recognition of Science and Technology (FIRST) robotics competition. 

Science program direction.—The conference agreement includes $155,268,000 for science program direction. This amount includes 

$89,341,000 for field offices and $65,927,000 for headquarters. The 

control level for fiscal year 2005 is at the program account level of 

Science Program Direction. 

Funding adjustments.—The conference agreement includes an 

offset of $5,605,000 for the safeguards and security charge for reimbursable work, as proposed in the budget request. The conference 

agreement also includes the use of $5,062,000 of prior year balances. 

NUCLEAR WASTE DISPOSAL

The conference agreement provides $346,000,000 for Nuclear 

Waste Disposal. When combined with the $231,000,000 appropriated from the Defense Nuclear Waste Disposal account, a total 

950 

of $577,000,000 will be available for program activities in fiscal 

year 2005. The conferees have provided $2,000,000 for the State of 

Nevada and $8,000,000 for the Affected Units of Local Government 

(AULG) for project oversight. 

DEPARTMENTAL ADMINISTRATION

(INCLUDING TRANSFER OF FUNDS)

The conference agreement provides $332,866,000 for Departmental Administration expenses. Including a transfer of 

$92,440,000 from Other Defense Activities, and revenues of 

$122,000,000, the same as estimated by the Congressional Budget 

Office, this results in a net appropriation of $118,426,000. 

Specific funding levels for each Departmental organization are 

provided in the accompanying table. 

Reprogramming guidelines.—The conference agreement pro- vides reprogramming authority of $1,000,000 or 10 percent, whichever is less, within the Departmental Administration account without prior submission of a reprogramming to be approved by the 

House and Senate Committees on Appropriations. No individual 

program account may be increased or decreased by more than this 

amount during the fiscal year using this reprogramming authority. 

Congressional notification within 30 days of the use of this reprogramming authority is required. Transfers which would result 

in increases or decreases in excess of $1,000,000 or 10 percent to 

an individual program account require prior notification and approval. 

OFFICE OF THE INSPECTOR GENERAL

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

ATOMIC ENERGY DEFENSE ACTIVITIES

NATIONAL NUCLEAR SECURITY ADMINISTRATION

WEAPONS ACTIVITIES

(INCLUDING TRANSFER OF FUNDS)

The National Nuclear Security Administration (NNSA), a semiautonomous agency within the Department of Energy, manages the 

Nation’s nuclear weapons, nuclear nonproliferation, and naval reactors activities. 

The conference agreement provides $6,526,471,000 for Weapons Activities. 

Availability of funds.—The conference agreement makes funds 

available until expended. 

Directed stockpile work (DSW).—The conference agreement includes $1,316,936,000 for directed stockpile work. The conference 

agreement provides $460,754,000 for DSW Life Extension Programs. The conference agreement provides $511,095,000 for DSW 

Stockpile Systems and $75,000,000 for DSW Retired Warheads 

Stockpile systems. The conferees do not provide $9,000,000 for advanced concepts research on new weapons designs, but the same 

951 

amount is made available for the Reliable Replacement Warhead 

program to improve the reliability, longevity, and certifiability of 

existing weapons and their components. The conference agreement 

provides $270,087,000 for DSW Stockpile services. No funds have 

been provided for the Robust Nuclear Earth Penetrator (RNEP). 

The Conferees support a degree of flexibility in executing this 

budget by providing limited reprogramming authority within Directed Stockpile Work [DSW]. The control levels for the DSW program are: 

(1) Life Extension Programs; 

(2) Stockpile Systems; 

(3) Retired Warhead Stockpile Systems; and 

(4) Stockpile Services. 

Campaigns.—Funding for individual campaigns is shown on 

the accompanying table. From within funds provided for the various campaigns, $4,350,000 is provided for the University Research 

Program in Robotics. 

For science campaigns, the conference agreement provides $279,462,000. The conference agreement provides $73,973,000 for 

primary assessment technologies; $86,521,000 for dynamic materials properties program and $55,371,000 for the advanced radiography program. The conference provided $63,597,000 for secondary 

assessment technologies. Within available funds, the conferees provide $7,500,000 to 

support Dynamic Materials Properties at the Nevada Test Site 

[NTS], experiments on dynamic materials properties at the Atlas 

facility and plutonium experiments at the Joint Actinide Shock 

Physics Experimental facility [JASPER]. 

Within available funds, the Department is directed to work 

with the UNLV Research Foundation to organize and lead a consortium of universities to design, prepare, and conduct experiments 

on the Atlas Machine. 

Within Primary Assessment Technologies, NNSA is directed to 

fund the Nevada Test Site [NTS] to maintain the critical personnel 

skills and institutional viability in direct support of the subcritical 

experiment program. 

The conference agreement provides $260,830,000 for engineering campaigns. The conference agreement for the enhanced surety 

campaign is $33,121,000. The conference agreement for the weapons system engineering assessment technology is $27,270,000. The 

conference agreement for nuclear survivability is $9,460,000 and 

the conference recommendation for enhanced surveillance campaign is $99,879,000. 

Engineering campaign construction projects.—-The conference 

agreement provides $86,500,000 for Project 01–D–108, Microsystem 

and engineering science applications (MESA) at Sandia, in New 

Mexico. 

Inertial Confinement Fusion Ignition and High Yield.—The 

conference agreement includes $541,034,000 for the inertial confinement fusion ignition and high yield program. This represents a 

$25,000,000 cut of the NIF project baseline. An additional 

$46,000,000 is provided to support expanded research in non-NIF 

related ICF research including petawatt and high-energy petawatt 

laser development. Funding also enables continued development of 

952 

the beryllium shell targets currently envisioned for ignition demonstrations in 2010. This target, if successful, may enable advancement of the 2014 date for ignition specified in the budget request 

documentation, a date which represents a 4 year slip from the 

original goal of 2010. Since demonstration of ignition by 2010 was 

the rationale provided for construction of NIF under the current 

baseline funding, the conference is extremely concerned with suggestions of major delay in that date and requires that effort focus 

on achieving that goal on the timescale originally proposed. Until 

very recently, the beryllium shell and fill tube design was not considered viable, but it is now viewed by the program managers as 

the best option for regaining the 2010 ignition goal. Significant 

risks are associated with this design however, which is why this 

target design was not considered earlier in the program. To estimate the probability of success for this new target design, the conference mandates that a full review of NIF progress and the use 

and promise of this target be accomplished by an outside panel of 

experts, the JASONs, to validate the current NIF construction 

baseline and the outlook for ignition with this target design. As 

part of this validation, experiments should be designed and completed on alternative drivers, such as LLE at the University of 

Rochester and the Z machine at Sandia National Laboratories, to 

increase confidence in the performance of this target. The conference further requires that these experiments, as well as the 

JASON review, be used to develop a position paper authored by the 

NNSA Laboratory and LLE Directors by June 2005, discussing the 

promise of this target design to achieve ignition on the original 

schedule of 2010, 4 years ahead of the date specified in the current 

Budget. The conference is also aware that the laser glass used in 

the Japanese GEKKO program, which is identical to the optics 

used in the NIF project, has significantly degraded in efficiency 

over time. The conference requests the JASONs undertake a study 

utilizing the Japanese laser optic operations as a measure to determine if the NIF laser optics are performing as originally estimated 

and what impact this will have on the project, the ability to achieve 

ignition by 2010 and the overall lifecycle costs of replacing the optics more frequently. The conference provides $5,000,000 for the development of advanced target fabrication and diagnostic techniques 

required to support experiments at Omega, Z machine and NIF employing advanced materials. Target fabrication and manufacturing 

capabilities are critical in fielding increasingly sophisticated experiments. 

Petawatt Lasers.—The conference recommendation includes an 

additional $6,000,000 for university grants and other support. Of 

this amount, $3,000,000 is provided for continued development of 

the petawatt laser at the University of Texas at Austin; $1,000,000 

is provided for an optical parametric chirped pulse amplifier upgrade and associated operations of the short pulse laser at the University of Nevada, Reno; $1,000,000 is provided to the University 

of Nevada, Reno to continue its collaboration with Sandia National 

Laboratories on highly diagnosed studies of exploding wire arrays 

and implosion dynamics; and $1,000,000 is provided for research 

using the Z- Beamlet laser at Sandia National Laboratories under 

the Z-Petawatt Consortium that includes the University of Texas 

953 

at Austin, the University of California, San Diego, the University 

of California, Davis, the University of Nevada, Reno, the University 

of Michigan, the University of Rochester, Ohio State University 

and the General Atomics Corporation. 

Inertial Fusion Technology.—The conferees also include 

$25,000,000 to continue development of high average power lasers 

and supporting science and technology, the budget request for the 

Naval Research Laboratory, and $73,469,000 for the University of 

Rochester, an increase of $28,000,000 over the budget request. The 

additional funding is provided to the University of Rochester’s Laboratory for Laser Energetics for the OMEGA Extended Performance (EP) Facility in support of the nation’s stockpile stewardship 

program. The conference recommendation includes $9,000,000 to 

initiate double-shift operations and assessments and initial development and testing of Z-pinch inertial fusion energy. The conference recommendation includes $1,000,000 to the University of 

Nevada-Reno for magnetized plasma/laser interaction studies at 

the Nevada Terawatt Facility, using the Zebra pulse power machine and the Leopard short pulse laser system. 

National Ignition Facility.—Within the funds provided, $130,000,000 is for National Ignition Facility (NIF) construction, 

Project 96–D–111. 

Advanced Simulation and Computing.—The conference agree- ment provides $703,760,000. From within available funds for advanced simulation and computing, $10,000,000 is provided for the 

Ohio Supercomputing Center high-end computer network at its 

Springfield, Ohio site; $2,500,000 is provided to complete Phase I 

of the demonstration project of three-dimensional chip scale packaging integrated with spray cooling at Pacific Northwest National 

Laboratory. The conferees direct the University Partnerships program be funded at the budget request. 

For the pit manufacturing and certification campaign, the con- ference agreement provides $265,671,000. The conference agreement provides $132,005,000 for W88 pit manufacturing and 

$60,960,000 for W88 pit certification, the same as the budget request. Providing the requested level of funding will ensure that the 

NNSA maintains its commitment to produce a certified W88 pit by 

2007. The conference agreement provides $13,500,000 for Pit Manufacturing Capability and $7,000,000 for Modern Pit Facility. The 

conferees agree that funding for Modern Pit Facility cannot be used 

to select a construction site in fiscal year 2005. 

For readiness campaigns, the conference agreement provides 

$272,627,000. The conference agreement provides $45,812,000 for 

the Stockpile readiness campaign. High explosives weapons operations is funded at $34,220,000. The conference agreement provides 

$32,957,000 for the non-nuclear readiness campaign. The conference agreement provides $79,788,000 for the advanced design 

and production technologies campaign. Funding for the tritium 

readiness campaign is the same as the budget request. The Conferees are aware of the successful partnership between the NNSA 

and the University of Nevada-Las Vegas and the University of Nevada-Reno that have been fostered through a series of cooperative 

agreements. The Department is encouraged to renew these agreements at higher levels as appropriate. 

954 

Readiness in technical base and facilities.—For readiness in 

technical base and facilities, the conference agreement provides 

$1,121,557,000 for operations of facilities. 

Within funds provided for operations of facilities, the conferees 

provide an additional $45,000,000 for the Pantex Plant in Texas; 

and an additional $50,000,000 for the Y–12 Plant in Oak Ridge, 

Tennessee; and an additional $5,000,000 for the Kansas City Plant. 

For Program Readiness, the conference agreement provides 

$106,204,000. 

Within available funds, an additional $5,000,000 is provided to 

support the operation for the facilities at the Nevada Test Sites, including the Device Assembly Facility, the Joint Actinide Shock 

Physics Experimental facility, operations associated with the Atlas 

relocation project, U1a operations, general plant projects and other 

NTS support facilities. Finally, the conferees provide an additional 

$1,000,000 to the Nevada Site Office for testing and enablement of 

water filters to mitigate consequences of radionuclides in drinking 

water. The conference agreement includes an additional 

$13,000,000 within the funds provided for modification of the ZBeamlett laser at the Z Pinch at Sandia National Laboratory. 

For continued facility upgrades, refurbishments, operation and 

maintenance costs associated with and for the National Center for 

Combating Terrorism [NCCT] at the Nevada Test Site, an additional $25,000,000 is provided. Within the funds provided for 

NCCT, the conference agreement includes $2,500,000 to the UNLV 

Research Foundation to support the ongoing programs of the Institute for Security Studies including research and development, 

training and collaborative activities related to combating terrorism, 

emergency response and consequence management. The recommendation also includes, within funds provided, $2,500,000 for 

the UNR Fire Sciences Academy. 

For Special Projects, the conference agreement provides 

$41,500,000. Within the available funds, $3,000,000 for magnetized 

high energy density matter research at the Nevada Terawatt facility at the University of Nevada-Reno; and $1,000,000 to continue 

the ongoing administration infrastructure support grant for the 

UNLV Research Foundation; $750,000 to the UNLV Research 

Foundation to establish and certify a radioanalytical services laboratory to support emergency management training activities and 

actual radiological events; $10,000,000 for settlement of claims for 

the Pajarito Plateau homesteaders pertaining to acquisition of their 

lands and property during the Manhattan Project; and $8,000,000 

for Los Alamos County Schools Program. 

From within available funds, $5,000,000 for National Energy 

Technology Laboratory to use the Plasma Separation Process to develop high energy isomers and isotopes for energy storage and utilization. From within available funds, the conferees provide 

$2,000,000 for the Airborne Particulate Threat Assessment program; $2,000,000 for the Secure Wireless Technology Program; 

$1,000,000 for the Total Asset Management (TAMS) program; 

$2,000,000 for Integrated Collaborative Prototyping for Y–12; and 

$2,000,000 for development of multi-platform dosimeter Radiation 

Detection devices. The conference provides $2,000,000 for the NaVerDate Aug 04 2004 07:33 Dec 01, 2004 Jkt 096906 PO 00000 Frm 00958 Fmt 6601 Sfmt 6601 E:\HR\OC\HR792.XXX HR792
955 

tional Center for Biodefense at George Mason University in Virginia. 

The conference agreement includes $86,965,000 for materials 

recycle and recovery, the same as the budget request. The conferees continue to be concerned about the fire station support at 

the Nevada Test Site and are pleased by the decision to use a design-build acquisition strategy for the fire station and encourage 

completion at the earliest possible time within the funding that has 

been provided. The conference agreement also includes an additional $16,000,000 for the Los Alamos National Laboratory for the 

CMR Building 04–D–125. 

The conference agreement includes the budget request of 

$17,910,000 for containers and $18,982,000 for storage. 

Construction projects.— 

Project 05–D–140, Project engineering and design (PED)— 

RTBF, various locations. The conferees provide $16,600,000, an increase of $5,000,000. The additional PED funds are provided to 

begin planning for impact-resistant bunkers for additional warhead 

storage facilities for nuclear warheads with conventional high explosives at the Pantex Plant in Texas. 

Project 04–D–125, Chemistry and Metallurgy Research Facility 

Replacement (CMRR)—LANL. The conference provides $40,000,000 

for the CMRR project. 

Project 01–D–124, Highly Enriched Uranium Materials Facility, Y–12 National Security Complex, Oak Ridge, TN. The conference provides $114,000,000, an increase of $50,000,000 over the 

budget request. 

Facilities and Infrastructure Recapitalization.—The conference 

agreement includes $316,224,000 for the facilities and infrastructure (F&I) recapitalization program. 

Secure Transportation Asset.—The conference agreement provides $201,300,000 for secure transportation asset. The conference 

agreement provides $57,427,000 for STA program direction. Consistent with the new triad as outlined in the Nuclear Posture Review, NNSA is working to create a responsive infrastructure to deliver needed facilities at lower cost and with greater speed. The 

conference encourages NNSA to explore opportunities for third 

party financing where appropriate. 

Nuclear Weapons Incident Response.—The conference agreement provides $99,209,000 for nuclear weapons incident response. 

Safeguards and Security.—The conference agreement includes 

$757,678,000, for safeguards and security activities at laboratories 

and facilities managed by the National Nuclear Security Administration. The conferees provide an additional $30,000,000 at the Y– 

12 plant in Tennessee to accelerate security infrastructure upgrades and consolidate the facility footprint. The conferees provide 

an additional $20,000,000 for the expansion of the red network at 

Los Alamos National Laboratory to reduce the necessity for CREM. 

Funding Adjustments.—The conference agreement includes an 

adjustment of $30,000,000 for a security charge for reimbursable 

work, as proposed in the budget, and the use of $86,000,000 in 

prior year balances. 

956 

DEFENSE NUCLEAR NONPROLIFERATION

The conference agreement provides $1,420,397,000 for Defense 

Nuclear Nonproliferation. 

Nonproliferation and Verification Research and Development.— 

The conference agreement provides $225,750,000 for nonproliferation and verification research and development. The conference 

agreement includes $20,000,000 for ground-based systems for treaty monitoring. 

The conferees provide an additional $5,000,000 within Supporting Activities to support the ongoing regulatory and environmental activities for 300 Area replacement at Pacific Northwest 

National Laboratory that will allow PED to occur on an accelerated 

schedule. The conferees direct the Office of Nuclear Nonproliferation to coordinate closely with the Office of Science on the transition schedule and construction plans to maintain the national security capabilities resident at PNNL. From within available funds, 

the conferees provide $2,000,000 for testing of high-pressure xenon 

radiation detectors at the Brookhaven National Laboratory RadTech facility for portal applications. From within the funds provided, the conference recommendation includes $3,500,000 for the 

University of Nevada-Reno for the development of state-of-the-art 

chemical, biological, and nuclear detection sensors. The conference 

recommendation includes the $2,000,000 for the UNLV research 

Foundation to continue to establish and operate within the Institute for Security Studies and applied research and technology capability in support for the effort to combat terrorism. An additional 

$500,000 is provided to support nanomaterial research related to 

sensor applications. The conference recognizes the unique mission 

capability the Los Alamos National Laboratory possesses through 

work performed at Technical Area 18 [TA–18] in areas of nuclear 

threat detection and response. In light of these important national 

security activities, the conferees direct the Secretary to perform an 

assessment as to the LANL role in managing the future CAT III/ 

IV mission. 

Nonproliferation and International Security.—The conference 

agreement provides $154,000,000 for nonproliferation and international security. The conferees include $20,000,000 for the Global 

Threat Reduction Initiative. The conferees provide $10,000,000 for 

initiatives focused on removing nuclear weapons-usable materials 

from vulnerable sites around the world. These activities are essential to prevent terrorist groups or states hostile to the United 

States from acquiring destructive nuclear capabilities. The Administrator, working with the Secretary, must utilize the NNSA’s 

strength in the inter-agency process to become the lead agency for 

all such government activities worldwide. From within available 

funds, the conference agreement provides $150,000 to continue the 

collaboration between Texas A&M and Russian universities on nuclear facilities safety and decontamination and decommissioning 

technologies. 

NON-PROLIFERATION PROGRAMS WITH RUSSIA

The conferees are disappointed the Administration has failed 

to negotiate an acceptable solution for liability to allow the MOX 

957 

program to move forward this year. As a result, another construction season will be missed in Russia. Not only does this raise serious concern from a national security standpoint, but it will also 

have serious repercussions here in the United States as a result of 

maintaining parity of the two construction schedules. The conferees 

strongly urge the Administration to find an acceptable solution in 

the near term in order to successfully complete negotiations and 

allow construction of both the Russian and United States mixed 

oxide fuel fabrication facilities to begin. 

International Materials Protection, Control and Cooperation 

(MPC&A).—The conference recommendation is $322,000,000 for 

the MPC&A program, an increase of $84,000,000 over the budget 

request. The Conferees provide additional funds for MPC&A to accelerate securing nuclear warhead sites in Russia, begin MPC&A 

upgrades at the Russian Federation serial production enterprise 

sites and provide additional resources for the Second Line of Defense program to accelerate installation activities in the Baltic and 

Caucasus regions and other critical border activities. The conference provides the budget request within the Second Line of Defense program for the MegaPorts initiative. An increase of 

$50,000,000 is provided for other high priority MPC&A activities, 

to include countries outside the FSU. 

Russian Transition Initiatives.—The conference agreement provides $41,000,000, for the Initiatives for Proliferation Prevention 

(IPP) program and the Nuclear Cities Initiative (NCI). 

HEU Transparency Implementation.—The conference agreement provides $20,950,000, the same as the budget request. 

Elimination of Weapons-Grade Plutonium Production.—The 

conference agreement includes $40,097,000 for the elimination of 

weapons-grade plutonium production program. 

Fissile Materials Disposition.—The conference agreement provides $624,000,000 for fissile materials disposition, the same level 

authorized in the fiscal year 2005 defense authorization bill. Funding of $159,700,000 is provided for U.S. surplus materials disposition and $64,000,000 for the Russian plutonium disposition program. 

Construction Projects.—The conference recommendation includes $368,000,000 for Project 99–D–143, the Mixed Oxide Fuel 

Fabrication facility project. Funding of $32,300,000 is provided for 

Project 99–D–141, the Pit Disassembly and Conversion Facility 

project. 

Off-Site Source Recovery Project.—The conference agreement 

provides $7,600,000 for Off-Site Source Recovery Project. The conferees provide an additional $2,000,000 for the Nuclear and Other 

Hazardous Materials Transportation Research Project at South 

Carolina State University’s Transportation Center. 

NAVAL REACTORS

The conference agreement provides $807,900,000 for Naval Reactors, an increase of $10,000,000 over the budget request. The 

conferees agree to transfer the additional $10,000,000 to the Office 

of Nuclear Energy to support the Idaho National Laboratory’s Advanced Test Reactor. 

958 

OFFICE OF THE ADMINISTRATOR

The conference agreement provides $356,200,000 for the Office of the Administrator, $22,500,000 above the request. The conference recommendation provides $12,000, the same as 

the budget request, for official reception and representation expenses for the NNSA. 

Within the Office of the Administrator, the conferees provide $22,500,000 to support the Historically Black Colleges and Universities (HBCUs) scientific and technical programs. The conferees 

concur with the House language directing the HBCUs and Hispanic 

Serving Institutions (HSIs) receive financial support in rough parity on a year-to-year basis. The conference recommendation includes $2,000,000 each for Wilberforce University and Central 

State University in Wilberforce, Ohio; and $2,000,000 each for 

Claflin College in Orangeburg, SC and Allen University in Columbia, SC; $500,000 each for Morris College in Sumter, SC and Benedict College in Columbia, SC; and $1,000,000 for Voorhees College 

in Denmark, SC and $2,000,000 for Morehouse College Dansby 

Hall Minority Science Center. 

ENVIRONMENTAL AND OTHER DEFENSE ACTIVITIES 

DEFENSE ENVIRONMENTAL MANAGEMENT

The conference agreement for Defense Environmental Management totals $7,034,405,000. 

The conferees are aware that the Department of Defense has utilized guaranteed fixed price remediation (GFPR) to remediate contaminated properties. The conferees note the significant cost-savings experienced by the Department of Defense using GFPR, and 

believe that the Department of Energy may be able to achieve similar savings and benefits. In order to better assess the opportunity 

for cost savings by the Department of Energy, the conferees direct 

the Department to submit to the Committees on Appropriations of 

the House and Senate, by May 1, 2005, a report as to the feasibility 

of applying GFPR to remediation activities undertaken or planned 

by the Department. 

DEFENSE SITE ACCELERATION COMPLETION

The conference agreement for Defense Site Acceleration Completion in fiscal year 2005 is $6,096,429,000. 

Accelerated Completions, 2006.—The conference agreement 

provides $1,264,999,000. This funding supports the closure by the 

year 2006 of the Rocky Flats, West Jefferson, Fernald, Miamisburg, 

and Ashtabula sites, and the completion of significant cleanup 

projects at various other sites such as Melton Valley, Kansas City, 

and Savannah River. The additional $13,200,000 is provided to accelerate low-level waste shipments during fiscal year 2005 from the 

Miamisburg Closure Project. 

Accelerated Completions, 2012.—The conference agreement 

provides $2,150,641,000. 

Accelerated Completions, 2035.—The conference agreement 

provides $1,904,339,000. This amount includes the requested funding of $43,827,000 for construction of the Glass Waste Storage 

959 

Building #2 at SRS (project 04–D–408) and the requested funding 

for the Waste Isolation Pilot Plant, the Idaho Cleanup Project, the 

Y–12 and Oak Ridge National Laboratory sites, Hanford and the 

Office of River Protection, Savannah River, Los Alamos National 

Laboratory, Nevada Test Site, and various other sites and facilities. 

From within available funds, the conferees provide $2,000,000 for 

the Hanford Tank Waste Operations Simulator (HTWOS); 

$2,000,000 for the Modular Phase Low Cost Nano-particle at Idaho 

National Lab; and $1,000,000 for the Mid-Atlantic Recycling Center 

for End of Life Electronics. 

Waste Incidental to Reprocessing.—The conference agreement provides $162,600,000 for the Savannah River site, $97,300,000 for 

the Idaho site and $32,050,000 for the Hanford site. The conference 

agreement provides $26,000,000 for Project 05–D–405 Salt Waste 

Processing Facility for long lead procurement activities. 

Safeguards and Security.—The conference agreement provides $265,059,000, the same as the budget request. 

Technology Development and Deployment.—The conference 

agreement provides $60,142,000. From within available funds, the 

conferees direct the Department to use not less than $10,000,000 

to conduct a competitive evaluation of the various advanced remediation technologies available in the private sector. Within remaining available funds, the conferees provide $5,000,000 to continue 

the five-year international agreement with AEA Technology, and 

$7,000,000 to continue the five-year agreement with Florida International University’s Hemispheric Center for Environmental Technology. Within available funds, the conferees provide $3,000,000 for 

Advanced Monitoring Systems Initiative at the Nevada Test Site, 

to continue micro-sensing technology development and prototype 

deployment of remote monitoring systems for the underground test 

area; $2,400,000 for the Management of Nevada Natural Resources 

with Remote Sensing Systems program; $1,000,000 for nanotube 

research and development at the Materials Reliability Center at 

the University Research Programs in Robotics. The Department is 

directed to renew its cooperative agreements with the University of 

Nevada-Las Vegas and the University of Nevada-Reno. Within available funds, $3,000,000 is provided to continue the 

development of an electrochemical system utilizing ceramic ionic 

transport membranes for the recycling and disposal of radioactive 

sodium ion waste. The conference also provides $4,000,000 for work 

on the subsurface science research institute by Idaho National Laboratory and the Inland Northwest Research Alliance institutions. 

The Department shall continue its support of the Tribal Colleges 

Initiative grant, involving Crownpoint Institute of Technology, Dine 

College, and Southwestern Indian Polytechnic Institute, to develop 

high-quality environmental programs at tribal colleges. 

DEFENSE ENVIRONMENTAL SERVICES

The conference recommendation for Defense Environmental 

Services in fiscal year 2005 is $937,976,000. 

Community and Regulatory Support.—The conference agreement is $60,547,000. From within available funds, $500,000 shall 

be used to support the Energy and Environmental Hispanic ComVerDate Aug 04 2004 07:33 Dec 01, 2004 Jkt 096906 PO 00000 Frm 00963 Fmt 6601 Sfmt 6601 E:\HR\OC\HR792.XXX HR792
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munity Participation project of the Self Reliance Foundation needed to increase Hispanic community understanding of and participation in environmental management initiatives of the Department. 

Federal Contribution to Uranium Enrichment Decontamination 

and Decommissioning Fund.—The Energy Policy Act of 1992, Public Law 102–486, created the Uranium Enrichment Decontamination and Decommissioning Fund to pay for the cost of cleanup of 

the gaseous diffusion facilities located in Oak Ridge, Tennessee; Paducah, Kentucky; and Portsmouth, Ohio. The conference agreement 

includes the budget request of $463,000,000 for the Federal contribution to the Uranium Enrichment Decontamination and Decommissioning Fund. 

Non-Closure Environmental Activities.—The conference agree- ment is $146,038,000. Within available funds, the conference agreement directs the Department to provide $10,000,000 for the Hazardous Waste Worker Training Program and $8,000,000 for the 

Volpentest Hazardous Materials Management and Emergency Response (HAMMER) training and education center. The conference agreement includes $2,000,000 for the Desert Research Institute’s Environmental Monitoring Program; $750,000 

for the University of Nevada-Reno to conduct research in the areas 

of materials evaluation, fundamental studies on nuclear degradation mechanisms, alternate materials and design, and computational and analytical modeling; $1,000,000 for the Nye County 

Groundwater Evaluation Program; $2,000,000 for the Defense and 

Security Research Center; $1,000,000 for the Amargosa Valley 

Science and Technology Park; $1,000,000 for the Hazardous Material Truck Tracking Facility; and $1,000,000 for the Research 

Foundation at the University of Nevada-Las Vegas to assess earthquake hazards and seismic risk in Southern Nevada; $100,000 for 

the Perchlorate Characterization study for the City of Simi Valley; 

and $6,000,000 for the Western Environmental Technology Office. 

Spent Nuclear Fuel Management.—The Department proposed 

to transfer responsibility for the management and operation of the 

DOE national spent fuel program, the foreign research reactor 

spent nuclear fuel acceptance program, and the management of 

chemical processing plant 666 at Idaho from the Office of Environmental Management to the Office of Civilian Radioactive Waste 

Management. The conference agreement includes the requested 

amounts of $8,217,000 for the DOE national spent fuel program, 

$8,055,000 for management of chemical processing plant 666, and 

$1,060,000 for associated program direction costs. It is the conferees’ expectation that these activities will continue to be managed 

at the Idaho site. 

Program Direction.—The conference agreement for program direction is $271,059,000, the same as the budget request. 

Funding adjustments.—The conference agreement includes an 

offset of $143,000 the same as the budget request, for the security 

costs associated with reimbursable work. The conference agreement 

includes the use of $2,000,000 of prior year balances. 

OTHER DEFENSE ACTIVITIES

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

961 

ENERGY SECURITY AND ASSURANCE

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

OFFICE OF SECURITY

The conference agreement provides $298,506,000. $193,904,000 

is provided for nuclear safeguards and security; $49,880,000 is provided for security investigations; and $54,722,000 is provided for 

program direction. 

INDEPENDENT OVERSIGHT AND PERFORMANCE ASSURANCE

The conference agreement provides $24,669,000, the same as 

the budget request, for the independent oversight and performance 

assurance program. 

ENVIRONMENT, SAFETY AND HEALTH (DEFENSE)

The conference agreement provides $129,519,000 for defenserelated environment, safety and health activities, including 

$20,414,000 for program direction. The conferees disagree with the 

Administration’s decision to cut funding for the Radiation Effects 

Research Foundation. Within available funds, the conference agreement provides $14,000,000, an increase of $10,000,000 above the 

request for the Foundation. This funding is critical in carrying out 

the scientific work, which the United States has funded since 1947, 

to study the health effects associated with the atomic blasts above 

Hiroshima and Nagasaki. 

The conference agreement includes $2,000,000 for the Marshall 

Island program to meet the core health and environmental monitoring mission in order to reassure the communities of safe habitation and resettlement. The conference agreement also includes 

$5,000,000 to continue the DOE Worker Records Digitization 

project in Nevada. These funds are to be administered by the Nevada Site Office. The conferees provide $4,100,000 for the medical 

monitoring at the gaseous diffusion plants at Paducah, Kentucky, 

Portsmouth, Ohio, and Oak Ridge, Tennessee. The conferees support the continued use of helical low-dose CAT scanning for early 

lung cancer detection in workers with elevated risks of lung cancer. 

The conferees direct the Department to establish an employee field 

resource center in the State of New York. 

Former Worker Medical Screening.—The conference agreement 

includes $300,000 within the Former Workers Health Program for 

the Iowa Army Ammunition Plant for ongoing assistance in collecting requisite medical records and completing claims forms for 

workers and retirees and $250,000 for the on-going beryllium 

screening and outreach program for workers employed at vendors 

in the Worcester, Massachusetts, area who supplied beryllium to 

the Atomic Energy Commission. 

The conferees support and are pleased with the Department’s 

efforts to expand the Voluntary Protection Program and other voluntary cooperative programs. The conference agreement includes 

$790,000 for the University of Washington’s Former Hanford Production Workers Medical Screening Program and to initiate medVerDate Aug 04 2004 07:33 Dec 01, 2004 Jkt 096906 PO 00000 Frm 00965 Fmt 6601 Sfmt 6601 E:\HR\OC\HR792.XXX HR792
962 

ical screening for current tank farm workers consistent with the 

July 2004 NIOSH Health Hazard Evaluation Report. 

Energy Employees Compensation Initiative.—The conferees 

note the transfer of responsibility for processing the Subtitle D 

claims from the Department of Energy to the Department of Labor. 

LEGACY MANAGEMENT

The conferees support the established mission of the office of 

legacy management to manage the long-term stewardship responsibilities at the Department’s cleanup sites. The conference agreement provides a total of $46,895,000 for the office of legacy management of which $13,201,000 is provided for program direction. 

Within available funds, the conferees provide $8,000,000, to remain 

available until expended, for planning, design, construction, and 

land acquisition, if necessary, to establish a records management 

facility centrally located near sites transferring into Legacy Management status, and in close proximity to the Office of Legacy Management’s records management capability. The conferees urge the 

Department to accelerate these activities with the goal of such a 

facility being operational by early fiscal year 2007. From within 

available funds, the conference agreement provides $1,200,000 to 

complete transition of the STAR Center in Pinellas County, Florida 

and $4,000,000 for the final payment, subject to the existing requirement for matching funds, to the Miamisburg Mound Community Improvement Corporation. From available funds, $500,000 is 

provided to establish a Local Stakeholder Post-Closure organization 

in the State of Colorado. 

FUNDING FOR DEFENSE ACTIVITIES IN IDAHO

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

DEFENSE RELATED ADMINISTRATIVE SUPPORT

The conference agreement provides $92,440,000 as proposed by 

the House for national security programs administrative support. 

OFFICE OF HEARINGS AND APPEALS

The conference agreement provides $4,318,000 for the Office of 

Hearings and Appeals, the same as the budget request. 

OFFICE OF FUTURE LIABILITIES

The conferees do not support the creation of a redundant Departmental office to address the planning function for long term environmental cleanup liabilities. The conference agreement provides 

no funds for the Office of Future Liabilities. 

DEFENSE NUCLEAR WASTE DISPOSAL

The conference agreement provides $231,000,000 for the defense contribution to the nuclear waste repository program. The 

Conferees are aware that the Department formally approved, in 

1995, the right of the Affected Units of Local Government and the 

State of Nevada to retain interest earned on unexpended balances 

963 

in their oversight accounts. The conferees reaffirm that this policy 

reflects the intent of Congress and should be maintained by the Department. 

POWER MARKETING ADMINISTRATIONS 

OPERATION AND MAINTENANCE, SOUTHEASTERN POWER

ADMINISTRATION

The conference agreement includes $5,200,000, the same as the 

budget request, for the Southeastern Power Administration. The 

conference agreement provides $34,000,000 for purchase power and 

wheeling in fiscal year 2005. 

OPERATION AND MAINTENANCE, SOUTHWESTERN POWER

ADMINISTRATION

The conference agreement includes $29,352,000, the same as 

the budget request, for the Southwestern Power Administration. 

The conference agreement provides $2,900,000 for purchase power 

and wheeling in fiscal year 2005. The conference recommendation 

also provides authority for Southwestern to accept advances from 

non-Federal entities to provide interconnections to Southwestern’s 

transmission system. 

CONSTRUCTION, REHABILITATION, OPERATION AND MAINTENANCE, 

WESTERN AREA POWER ADMINISTRATION

The conference agreement provides $173,100,000, for Western 

Area Power Administration. The conference agreement provides 

$227,600,000 for purchase power and wheeling in fiscal year 2005. 

Within available funds, the conference recommendation includes 

$6,000,000 for Topock-Davis-Mead Transmission Line Upgrades to 

provide additional transmission capacity by using aluminum matrix composite conductor technology. 

Utah Mitigation and Conservation Fund.—The conference report does not contain the change in law sought by the Administration concerning the transfer of this fund from the Secretary of Energy to the Secretary of the Interior. 

Within available funds, $500,000 is provided on a non-reimbursable basis for a transmission study on the placement of 500 

MW of wind energy in North Dakota and South Dakota. 

FALCON AND AMISTAD OPERATING AND MAINTENANCE FUND

The conference agreement includes $2,827,000, the same as the 

budget request, for the Falcon and Amistad Operating and Maintenance Fund. 

FEDERAL ENERGY REGULATORY COMMISSION

SALARIES AND EXPENSES

The conference agreement includes $210,000,000 for the Federal Energy Regulatory Commission (FERC). Revenues for FERC 

are set at an amount equal to the budget authority, resulting in a 

net appropriation of $0. 

964 

On March 24, 2004, FERC issued a declaratory order asserting 

exclusive jurisdiction over the approval and siting of liquefied natural gas (LNG) terminals. FERC concluded that LNG terminals are 

engaged in foreign commerce and, as such, fall clearly within the 

authority granted to the FERC under Section 3 of the Natural Gas 

Act of 1938. The conferees agree on this point and disagree with 

the position of at least one State government agency that it should 

be the authority responsible for LNG terminal siting within its 

boundaries, rather than the FERC. 

The Natural Gas Act clearly preempts States on matters of approving and siting natural gas infrastructure associated with interstate and foreign commerce. These facilities need one clear process 

for review, approval, and siting decisions. Because LNG terminals 

affect both interstate and foreign commerce, LNG facility development requires a process that also looks at the national public interest, and not just the interests of one State. 

The conferees recognize that, as a matter of energy supply, the 

nation will need to expand its LNG infrastructure over the decades 

to come to satisfy natural gas demand. Any dispute of LNG siting 

jurisdictional authority now will be counterproductive to meeting 

our natural gas needs in the future. 

GENERAL PROVISIONS—DEPARTMENT OF ENERGY

Sec. 301. The conference agreement includes language regarding contract competition. 

Sec. 302. The conference agreement includes a provision that 

none of the funds may be used to prepare or implement workforce 

restructuring plans or provide enhanced severance payments and 

other benefits and community assistance grants for Federal employees of the Department of Energy under section 3161 of the National Defense Authorization Act of Fiscal Year 1993, Public Law 

102–484. This provision has been carried in previous Energy and 

Water Development Appropriations Acts. 

Sec. 303. The conference agreement includes a provision that 

none of the funds may be used to augment funds made available 

for obligation for severance payments and other benefits and community assistance grants unless the Department of Energy submits 

a reprogramming request subject to approval by the appropriate 

Congressional committees. This provision has been carried in previous Energy and Water Development Appropriations Acts. 

Sec. 304. The conference agreement includes a provision that 

none of the funds may be used to prepare or initiate Requests for 

Proposals for a program if that program has not been funded by 

Congress in the current fiscal year. This provision also precludes 

the Department from initiating activities for new programs which 

have been proposed in the budget request, but which have not yet 

been funded by Congress. This provision has been carried in previous Energy and Water Development Appropriations Acts. 

(TRANSFERS OF UNEXPENDED BALANCES)

Sec. 305. The conference agreement includes a provision that 

permits the transfer and merger of unexpended balances of prior 

appropriations with appropriation accounts established in this bill. 

965 

This provision has been carried in previous Energy and Water Development Appropriations Acts. 

Sec. 306. The conference agreement includes a provision prohibiting the Bonneville Power Administration from performing energy efficiency services outside the legally defined Bonneville service territory unless the Administrator certifies in advance that such 

services are not available from private sector businesses. This provision has been carried in previous Energy and Water Development 

Appropriations Acts. 

Sec. 307. The conference agreement includes a provision establishing certain notice and competition requirements for Department 

of Energy user facilities. This provision has been carried in previous Energy and Water Development Appropriations Acts. 

Sec. 308. The conference agreement includes a provision allowing the Administrator of the National Nuclear Security Administration to authorize certain nuclear weapons production plants, including the Nevada Test Site, to use not more than 2 percent of 

available funds for research, development and demonstration activities. This provision has been carried in previous Energy and 

Water Development Appropriations Acts. 

Sec. 309. The conference agreement includes a provision which 

would authorize intelligence activities of the Department of Energy 

for purposes of section 504 of the National Security Act of 1947 

until enactment of the Intelligence Authorization Act for fiscal year 

2005. 

Sec. 310. The conference agreement includes a provision that 

requires that waste characterization at WIPP be limited to determining that the waste is not ignitable, corrosive, or reactive. This 

confirmation will be performed using radiography or visual examination of a representative subpopulation of the waste. The language directs the Department of Energy to seek a modification to 

the WIPP Hazardous Waste Facility Permit to implement the provisions of this section. 

Sec. 311. The conference agreement includes language regarding disposition of depleted Uranium Hexafluoride. 

Sec. 312. The conference agreement includes a provision regarding the use of funds in this Act for some procurement actions 

by the Department of Energy. 

Sec. 313. The conference agreement includes a provision prohibiting the use of funds in this Act for procurements to increase 

the dollar value of prime contracts awarded directly by the Department to small business. 

Sec. 314. The conference agreement includes a provision limiting the types of waste that can be disposed of in the Waste Isolation Pilot Plant in New Mexico. None of the funds may be used to 

dispose of transuranic waste in excess of 20 percent plutonium by 

weight for the aggregate of any material category. At the Rocky 

Flats site, this provision includes ash residues; salt residues; wet 

residues; direct repackage residues; and scrub alloy as referenced 

in the ‘‘Final Environmental Impact Statement on Management of 

Certain Plutonium Residues and Scrub Alloy Stored at the Rocky 

Flats Environmental Technology Site’’. This provision has been carried in previous Energy and Water Development Appropriations 

Acts. 

966 

CONFERENCE RECOMMENDATIONS

The conference agreement’s detailed funding recommendations 

for programs in title III are contained in the following table. 

967 


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968 


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970 


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971 


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972 


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973 


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974 


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975 


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976 


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977 


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978 


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979 


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980 


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981 


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982 

TITLE IV—INDEPENDENT AGENCIES 

APPALACHIAN REGIONAL COMMISSION

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

DEFENSE NUCLEAR FACILITIES SAFETY BOARD

SALARIES AND EXPENSES

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

DELTA REGIONAL AUTHORITY

SALARIES AND EXPENSES

The conference agreement appropriates $6,048,000 for the 

Delta Regional Authority. The conferees direct the Authority to 

submit to the House and Senate Committees on Appropriations 

quarterly financial reports providing detailed accounting data on 

the expenditures of funds during fiscal year 2005. The conferees 

also expect the Authority to submit a detailed budget justification 

for the fiscal year 2006 budget. 

DENALI COMMISSION

The conference agreement appropriates $67,000,000 for the 

Denali Commission. The conferees renew the direction to the Commission to submit a detailed budget justification for fiscal year 

2006. 

NUCLEAR REGULATORY COMMISSION

SALARIES AND EXPENSES

The conference agreement includes $662,777,000, to be offset 

by revenues of $534,354,000, for a net appropriation of 

$128,423,000. This reflects the statutory language adopted by the 

conference in fiscal year 2001 to reduce the fee recovery requirement to 90 percent in fiscal year 2005. 

In fiscal year 2004, the conferees directed the Nuclear Regulatory Commission to contract with the National Academy of 

Sciences for a study of spent nuclear fuel storage at commercial reactor sites. The National Academy completed this study and found 

a number of areas in which the NRC could improve its modeling 

of the risks to spent fuel storage and the mitigation of such risks. 

The conferees expect the NRC to take the necessary steps to improve its analyses, including the preparation of site-specific models, 

and to work with the utilities to ensure timely application of this 

information to mitigate risks. 

983 

OFFICE OF INSPECTOR GENERAL

The conference agreement includes $7,518,000, to be offset by 

revenues of $6,766,200, for a net appropriation of $751,800. This 

reflects the statutory language adopted by the conference in fiscal 

year 2001 to reduce the fee recovery requirement to 90 percent in 

fiscal year 2005. 

NUCLEAR WASTE TECHNICAL REVIEW BOARD

SALARIES AND EXPENSES

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

the budget request. 

TITLE V—GENERAL PROVISIONS 

Sec. 501. The conference agreement includes language directing that none of the funds appropriated in this Act may be used 

in any way, directly or indirectly, to influence congressional action 

on any legislation or appropriation matters pending before Congress except to communicate to Members of Congress. 

Sec. 502. The conference agreement includes language regarding the transfer of funds made available in this Act to other departments or agencies of the federal government. 

Sec. 503. The conference agreement includes language regarding the public release of documents concerning energy markets. 

Sec. 504. The conference agreement includes language regarding the extension of the prohibition of oil and gas drilling in the 

Great Lakes through 2007. 

Sec. 505. The conference agreement includes language authorizing the Secretary of the Army to transfer and advance funds to 

the Administrator of the Bonneville Power Administration to carry 

out activities in connection with Section 2406 of the Energy Policy 

Act of 1992. 

Sec. 506. The conference agreement includes language concerning the voting methods for the Delta Regional Authority. 

TITLE VI 

The conference agreement includes language changing the 

composition, operation, and duties of the Board of Directors of the 

Tennessee Valley Authority. 

CONFERENCE TOTAL—WITH COMPARISONS

The total new budget (obligational) authority for the fiscal year 

2005 recommended by the Committee of Conference, with comparisons to the fiscal year 2004 amount, the 2005 budget estimates, 

and the House and Senate bills for 2005 follow: 

[In thousands of dollars] 

New budget (obligation) authority, fiscal year 2004 ........................... $27,756,375 

Budget estimates of new (obligational) authority, fiscal year 2005 28,470,382 

House bill, fiscal year 2005 ................................................................... 28,525,000 

Senate bill, fiscal year 2005 .................................................................. 0 

Conference agreement, fiscal year 2005 .............................................. 29,020,000 

Conference agreement compared with: 

New budget (obligation) authority, fiscal year 2004 .................... +1,263,625 

984 

Budget estimates of new (obligational) authority, fiscal year 

2005 .............................................................................................. +549,618 

House bill, fiscal year 2005 ............................................................ +495,000 

Senate bill, fiscal year 2005 ........................................................... +29,020,000 

DIVISION D—FOREIGN OPERATIONS, EXPORT FINANCING, 

AND RELATED PROGRAMS APPROPRIATIONS ACT, 2005 

The statement of the managers remains silent on provisions 

that were in both the House and Senate bills that remain unchanged by this conference agreement, except as noted in this 

statement of the managers. The House and Senate report language 

that is not changed by the conference is approved by the committee 

of conference. The statement of the managers, while repeating 

some report language for emphasis, does not intend to negate the 

language referred to above unless expressly provided herein. 

TITLE I—EXPORT AND INVESTMENT ASSISTANCE 

EXPORT-IMPORT BANK OF THE UNITED STATES

The conference agreement appropriates $59,800,000 for the subsidy appropriation instead of $125,700,000 as proposed by the 

House and $115,700,000 as proposed by the Senate. The managers 

expect that there will be no reduction in Export-Import Bank activity levels due to the extraordinarily high level of carryover balances 

in fiscal year 2005, which total approximately $444,000,000. 

The conference agreement appropriates $73,200,000 for administrative expenses for the Export-Import Bank as included in the 

House bill and Senate amendment. 

The conference agreement does not include a first-time appropriation for an Office of Inspector General. The managers note that 

the Export-Import Bank already has an audit committee and other 

regimes in place, including independent auditors that provide financial oversight to its operations. 

The conference agreement includes Senate language that requires the Export-Import Bank to provide a report on the economic 

effect of an ethanol dehydration plant in Trinidad and Tobago within 30 days of enactment of this Act. The conference agreement does 

not include Senate language that would have required prior consultation with the Senate Finance Committee and the Committees 

on Appropriations prior to extending credit support to establish or 

expand the production of indigenous products by a beneficiary 

country pursuant to section 423 of the Tax Reform Act of 1986. The 

managers are concerned by the precedent this provision may establish within the Act, and believe this matter is better addressed by 

the relevant authorizing committees. 

OVERSEAS PRIVATE INVESTMENT CORPORATION

The managers direct the President of OPIC to continue current 

policy and consult with the Committees on Appropriations before 

any future financing for nongovernmental organizations or private 

and voluntary organizations is approved. 

The conference agreement includes Senate language that allows OPIC to operate in Iraq for fiscal year 2005. The House bill 

did not address this matter. 

985 

TRADE AND DEVELOPMENT AGENCY

The conference agreement appropriates $51,500,000 for the 

Trade and Development Agency (TDA) as proposed by the House 

instead of $49,000,000 as proposed by the Senate. The managers 

have provided $1,500,000 for TDA to conduct a development and 

training program to assist countries with meeting their obligations 

for international aviation security and safety standards. 

TITLE II—BILATERAL ECONOMIC ASSISTANCE 

UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT

CHILD SURVIVAL AND HEALTH PROGRAMS FUND

The conference agreement appropriates $1,550,000,000 for the 

Child Survival and Health Programs Fund as proposed by the Senate instead of $1,648,500,000 as proposed by the House. The managers make funding in this account available until September 30, 

2006, as proposed by the House, rather than September 30, 2007, 

as proposed by the Senate. 

As in previous years, the conference agreement includes language allocating the Child Survival and Health Programs Fund 

among six program categories. For child survival and maternal 

health, including vaccine-preventable diseases such as polio, the 

conference agreement allocates $345,000,000 as proposed by the 

Senate instead of $330,000,000 as allocated by the House. For vulnerable children (not including children affected by HIV/AIDS), the 

conference agreement allocates $30,000,000 as proposed by the 

Senate instead of $28,000,000 as allocated by the House. For HIV/ 

AIDS, including children orphaned by HIV/AIDS and otherwise affected by the disease, the conference agreement allocates 

$350,000,000 instead of $330,000,000 as allocated by the House or 

$600,000,000 as allocated by the Senate. For other infectious diseases, including TB and malaria, the conference agreement allocates $200,000,000 as proposed by the Senate instead of 

$185,000,000 as allocated by the House. For reproductive health/ 

family planning, the conference agreement allocates $375,000,000 

as allocated by the Senate; and for the Global Fund to Fight AIDS, 

Tuberculosis and Malaria (Global Fund), the conference agreement 

allocates $250,000,000 as proposed by the Senate (not including 

$150,000,000 of emergency funding) instead of $400,000,000 as allocated by the House. The allocation for the Global Fund also includes $87,800,000 in prior year funds, bringing the total allocation 

to $337,800,000. 

The managers expect that any change proposed subsequent to 

the allocation as directed in bill language will be subject to the requirements of section 515 of this Act. A definition of program categories and their components can be found on pages 9 through 11 

of House Report 107–142 and under the heading ‘‘Family Planning/ 

Reproductive Health’’ on page 12 of Senate Report 107–58. 

The conference agreement includes a total of $337,800,000 for 

the Global Fund. The managers note that other donors have not 

contributed adequate matching funding to make available all of the 

potential United States fiscal year 2004 contribution to the Fund 

of $547,000,000. The managers have carried over the amount that 

986 

could not be made available, $87,800,000, for inclusion in the fiscal 

year 2005 Global Fund contribution. Absent this action by the Congress, these funds would have been used for purposes other than 

a contribution to the Global Fund. 

The managers provide that up to 5 percent of funds made 

available for a United States contribution to the Global Fund may 

be made available to USAID for technical assistance related to 

Global Fund activities, similar to a House provision. Priority 

should be given to assistance that speeds the distribution of Global 

Fund grants and improves the accountability and efficiency of their 

use, rather than increases the pipeline of undisbursed funding. 

As in previous years, the managers specify that funding for 

family planning/reproductive health should also be spent in areas 

where population growth threatens biodiversity or endangered species, as recommended by the Senate. The House bill did not address this matter. 

The conference agreement includes $30,000,000 to support research on and the development of microbicides as a means for combating HIV/AIDS, instead of $32,000,000 as proposed by the Senate. The House bill did not address this matter. The managers endorse Senate report language recommending up to $2,000,000 for 

the International Partnership for Microbicides. 

The conference agreement includes $27,000,000 for the International AIDS Vaccine Initiative, instead of $28,000,000 as proposed by the Senate. The House bill addressed this matter under 

the heading ‘‘Global HIV/AIDS Initiative’’. 

The managers do not include a provision providing funds under 

this heading for the Joint UN Programme on HIV/AIDS (UNAIDS), 

as proposed by the Senate. Instead, the managers provide such 

funds under the heading ‘‘Global HIV/AIDS Initiative’’. 

To simplify accounting and improve transparency, no funding 

is appropriated in this account for HIV/AIDS programs in the 15 

Emergency Plan for AIDS Relief ‘‘focus’’ countries. Funding for the 

‘‘focus’’ countries is appropriated under the heading ‘‘Global HIV/ 

AIDS Initiative’’. 

The managers note that, of the funding pledged thus far by the 

Global Fund to recipient countries, approximately 56 percent would 

be for HIV/AIDS interventions, 31 percent for malaria interventions, and 13 percent for tuberculosis (TB) or combined TB/AIDS 

interventions. The managers have used these percentages to estimate the portion of the United States contributions to the Global 

Fund that is likely to be attributed for each disease. The narrative 

for HIV/AIDS funding is under the heading ‘‘Global HIV/AIDS Initiative’’. 

The conference agreement provides a total of $132,500,000 for 

TB assistance. Of this amount, $80,000,000 is funded through the 

‘‘other infectious diseases’’ allocation in this account, an estimated 

$8,500,000 from other bilateral accounts, and $44,000,000 through 

the contribution to the Global Fund. 

For malaria, the conference agreement provides a total of 

$203,700,000. Of this amount, it is expected that $104,700,000 of 

the contribution to the Global Fund will fund malaria programs, 

$90,000,000 is funded through the ‘‘other infectious diseases’’ alloVerDate Aug 04 2004 07:33 Dec 01, 2004 Jkt 096906 PO 00000 Frm 00990 Fmt 6601 Sfmt 6601 E:\HR\OC\HR792.XXX HR792
987 

cation in this account, and an estimated $9,000,000 is provided 

from other bilateral accounts. 

The managers note with concern the reductions made in the 

fiscal year 2005 budget request for a number of African countries. 

The conference agreement contains funding levels for both ‘‘Child 

Survival and Health Programs Fund’’ and ‘‘Development Assistance’’ that significantly exceed the amounts requested. The managers therefore expect USAID to restore cuts in African country allocations in those accounts to their fiscal year 2004 levels, consistent with proper programmatic considerations. The managers expect that the Committees on Appropriations will be fully consulted 

prior to the release of section 653(a) allocations for fiscal year 2005. 

The managers endorse House report language urging USAID 

to increase its support for obstetric fistula prevention and repair. 

The managers also intend that $32,000,000 be made available to 

support the multilateral campaign to combat polio. 

The managers note the policy and technical analysis and educational programs of the Global Health Council and recommend 

funding for the Council for such activities in fiscal year 2005. 

The managers direct USAID to provide the Committees with a 

detailed report not later than March 31, 2005, on the programs, 

projects, and activities undertaken by the Child Survival and 

Health Programs Fund during fiscal year 2004. 

The managers note the growing demand for health-related research and development from this and other accounts in this Act. 

Therefore, the managers request USAID to provide a report not 

later than 180 days after enactment of this Act describing efforts 

made to coordinate USAID’s health-related research and development activities with those of the Department of Health and Human 

Services, the Department of Defense, and other agencies as appropriate. The report should focus on the research, development, and 

application cycle and outline USAID’s appropriate role in that process. The report should also include amounts spent by USAID for 

research and development, with a breakdown by health issue or 

disease, recipient, and stage of research or development funded. 

The managers request USAID to consult regularly with the Committees while developing this report. 

Funds appropriated for the Child Survival and Health Programs Fund are appropriated for programs, projects and activities. 

Funds for administrative expenses to manage Child Survival and 

Health Programs Fund activities are provided in a separate USAID 

Operating Expenses account, with two exceptions included in the 

conference agreement: authority for USAID’s central and regional 

bureaus to use up to $250,000 from program funds for Operating 

Expense-funded personnel to better monitor and provide oversight 

of the Child Survival and Health Programs Fund, and section 522, 

which includes authority to use up to $13,500,000 to reimburse 

other government agencies and private institutions for professional 

services. 

DEVELOPMENT ASSISTANCE

The conference agreement appropriates $1,460,000,000 for ‘‘Development Assistance’’ as proposed by the Senate instead of 

$1,429,000,000 as proposed by the House. 

988 

The conference agreement includes $194,000,000 for trade capacity building under this heading, the same as the level in the 

House bill. The Senate amendment did not address this matter. 

Trade capacity building is further addressed in section 570 of the 

general provisions. The managers have agreed to provide $300,000,000 for basic 

education, including adult literacy programs, under this heading. 

Additionally, the conference agreement addresses this matter further in section 567 of the general provisions. The Senate amendment addressed this matter in the general provisions, not under 

this heading. 

The managers note that both the House and Senate reports di- rect USAID to design and fund a $15,000,000 program in Africa 

with the aim of eliminating school fees. The managers endorse the 

instructions included in the House report stipulating that this program address the issue of eliminating school fees in a holistic manner, with attention paid to increasing host country investment in 

education, increasing parent and community involvement, and ensuring sufficient infrastructure for both male and female students. 

The managers understand that eliminating school fees, even in one 

country, could cost hundreds of millions of dollars, and that the 

pilot project undertaken with the funds provided will necessarily be 

smaller in scope. The managers also direct that the strategies requested in both the House and Senate reports be combined and 

transmitted together to the Committees on Appropriations no later 

than 180 days after enactment of this Act. The conference agreement provides $15,000,000 for programs 

to improve women’s leadership capacity in recipient countries as included in the House bill. The Senate amendment did not address 

this matter. 

The conference agreement provides $2,000,000 for clean water 

treatment activities in developing countries. The House bill did not 

address this matter. The managers recommend consideration of up 

to $2,000,000 for Water Missions International assuming satisfaction of normal requirements for project technical merit and financial accounting system standards. 

The conference agreement includes Senate language that provides $100,000,000 from all funds appropriated by this Act shall be 

made available for drinking water supply projects and related activities. The House bill did not address this matter. The Committee 

expects USAID to report no later than 90 days after enactment of 

this Act on funding and implementation of its water projects, including the number and location of wells drilled, and the cost per 

well. 

The conference agreement does not include the Senate requirement that funds for the Global Development Alliance are subject to 

notification. However, the managers request USAID to present to 

the Committees its financial plan for continued implementation of 

the Global Development Alliance. The House did not address this 

matter. 

The managers support the fertilizer-related research and development being conducted by the International Fertilizer Development Center (IFDC) and urge USAID to make at least $4,000,000 

available to IFDC, including not less than $2,300,000 for its core 

989 

grant, as provided under the Senate amendment. The House bill 

did not address the matter. 

The conference agreement provides $20,000,000 for American Schools and Hospitals Abroad. The Senate provided $22,000,000. 

The House bill did not address this matter. The managers endorse 

House report language concerning medical simulation technology. The managers direct that not less than $1,000,000 be made 

available to the U.S. Telecommunications Training Institute, a nonprofit joint venture program between the public and private sectors 

that provides tuition free communications and broadcasting training to professionals around the world. The Senate amendment included bill language mandating that such funds be made available 

for this purpose. The House bill did not address this matter. 

The managers understand that USAID has reached a three- year, $3,000,000 agreement with the International Real Property 

Foundation (IRPF). The managers support the work of the IRPF, 

which provides field volunteers to developing countries to help 

make their real estate markets more open and professional. The 

managers expect USAID to provide $1,000,000 to the IRPF from 

funds made available under this heading. 

The conference agreement includes a modified Senate provision 

directing that ‘‘Development Assistance’’ funds should be used for 

programs in sub-Saharan Africa to address sexual and genderbased violence. The House bill did not address this matter. The 

managers recognize the importance of these programs and expect 

USAID to increase funding above the current level. 

The managers endorse Senate report language concerning Laos and expect that a total of $2,000,000 from ‘‘Development Assistance’’ and the ‘‘Child Survival and Health Programs Fund’’ will be 

used to continue ongoing programs in that country. The managers 

continue to strongly support programs, funded under the ‘‘Nonproliferation, Anti-Terrorism, Demining and Related Programs’’ account, to clear unexploded ordnance in Laos and expect that at 

least $2,500,000 will be made available for this purpose in fiscal 

year 2005. 

The conference agreement does not include a Senate provision 

that $8,000,000 in development assistance funds should be made 

available for assistance to Liberia. The House bill did not address 

this matter. However, the managers believe that additional funds 

are urgently needed for a variety of activities in Liberia, especially 

drug rehabilitation of former combatants, and expect USAID to 

provide $6,000,000 in development assistance funds for Liberia. 

The managers endorse the budget request for Liberia except where 

otherwise noted in the conference agreement or statement of managers. 

The managers recommend $10,000,000 from ‘‘Development Assistance’’ and ‘‘Economic Support Fund’’ to assist victims of torture. 

The House bill did not address this matter. 

The managers support microenterprise development programs 

for the poor, especially women, and urge USAID to achieve a level 

of $200,000,000 for these programs in fiscal year 2005. The managers also recommend $30,000,000 be available to USAID’s Office 

of Microenterprise through a central funding or other appropriate 

mechanism for contracts, cooperative agreements and grants. The 

990 

managers also urge USAID to take steps to preserve the viability 

of leading NGO microfinance networks and to consult with the 

Committees on Appropriations on these measures. 

The managers strongly support the work of volunteers with experience in the private sector in developing countries. In that regard, the managers endorse the House report language regarding 

the Financial Services Volunteer Corps (FSVC) and the Citizens 

Development Corps (CDC), and Senate language that endorses the 

International Executive Service Corps (IESC). The FSVC can make 

an important contribution to reconstruction in Iraq and Afghanistan. The managers strongly support these institutions and direct 

the State Department and USAID to seek ways to use them to full 

effect. 

The managers direct the State Department and USAID to report to the Committees on Appropriations not later than 90 days 

after enactment of this Act on how funding made available in this 

Act will be used by the FSVC. 

The managers endorse the list of university proposals in the 

Senate and House reports. In addition, the managers recommend 

consideration of proposals in support of the Norman E. Borlaug 

International Science and Technology Fellows Program, coordinated by Texas A&M University and other partnering universities 

and agencies. 

The conference agreement does not include Senate language 

that would direct $40,000,000 appropriated under title II of this 

Act be made available to the Office of the Higher Education Community Liaison within USAID. The managers affirm the principle 

of rigorous competitive selection of proposals on technical merit. On 

a highly exceptional basis, the Committees may request USAID to 

consult them on behalf of proposals deemed meritorious. 

INTERNATIONAL DISASTER AND FAMINE ASSISTANCE

The conference agreement appropriates $370,000,000 for 

‘‘International Disaster and Famine Assistance’’, instead of 

$355,500,000 as proposed by the House and $385,500,000 as proposed by the Senate. 

Of this amount, $34,500,000 is made available specifically for 

assistance for famine prevention and relief, instead of $20,000,000 

as proposed by the House and $50,000,000 as proposed by the Senate. 

TRANSITION INITIATIVES

The conference agreement appropriates $49,000,000 to support 

transition to democracy and long-term development of countries in 

crisis, instead of $47,500,000 proposed by the House and 

$50,000,000 proposed by the Senate. 

DEVELOPMENT CREDIT AUTHORITY

(INCLUDING TRANSFER OF FUNDS)

The conference agreement provides $21,000,000 via transfer 

authority for micro and small enterprise programs, urban programs 

and other credit programs as proposed by the House and the Senate. The conference agreement does not include a Senate limitation 

991 

of $700,000,000 on loan principal any part of which is to be guaranteed. The House bill did not address this matter. 

CAPITAL INVESTMENT FUND

The conference agreement appropriates $59,000,000 for 

USAID’s Capital Investment Fund as proposed by the Senate, instead of $64,800,000 as proposed by the House. 

The conference agreement does not include Senate language 

that would have required the USAID Administrator to assess rental assessments on other agencies in buildings constructed with 

funds under this title. The conference agreement does not include 

House language that would have made USAID funds available for 

contribution to the Capital Security Cost Sharing Program managed by the State Department only if all other agencies that have 

agreed to participate in the program are making their contribution. 

The conference agreement makes available not to exceed 

$19,709,000 for USAID’s contribution to the Capital Security Cost 

Sharing Program. 

OTHER BILATERAL ECONOMIC ASSISTANCE

ECONOMIC SUPPORT FUND

The conference agreement appropriates $2,482,500,000 for the 

Economic Support Fund. 

Funds in this account are allocated in the following table and, 

as stipulated in section 595, any change to these allocations is subject to the regular reprogramming procedures of the Committees on 

Appropriations: 

Economic Support Fund 

[Budget Authority, dollars in thousands] 

Conference Agreement 

Africa: 

Africa Regional ............................................................................... 9,000 

Angola .............................................................................................. 3,000 

Burundi ........................................................................................... 3,250 

Democratic Republic of Congo ....................................................... 5,000 

Djibouti ............................................................................................ 2,000 

Ethiopia ........................................................................................... 5,000 

Kenya ............................................................................................... 9,000 

Liberia ............................................................................................. 25,000 

Nigeria ............................................................................................. 5,000 

Regional Organizations .................................................................. 1,000 

Safe Skies ........................................................................................ 3,500 

Sierra Leone .................................................................................... 6,000 

South Africa .................................................................................... 1,000 

Sudan ............................................................................................... 20,000 

Zimbabwe ........................................................................................ 2,000 

Kimberley Process .......................................................................... 1,750 

NED Democracy Programs ............................................................ 3,500 

Subtotal—Africa .......................................................................... 105,000 

East Asia and the Pacific: 

ASEAN Regional ............................................................................. 750 

Burma .............................................................................................. 8,000 

Cambodia ......................................................................................... 17,000 

NED Democracy Programs ............................................................ 4,000 

Tibet ................................................................................................. 4,250 

East Timor ...................................................................................... 22,000 

992 

Conference Agreement 

Indonesia ......................................................................................... 65,000 

Mongolia .......................................................................................... 10,000 

Thailand .......................................................................................... 1,000 

Philippines ...................................................................................... 35,000 

Environmental Programs ............................................................... 1,750 

Regional Security Fund .................................................................. 250 

Regional Women’s Issues ............................................................... 1,000 

South Pacific Fisheries ................................................................... 18,000 

Subtotal—East Asia and Pacific ................................................ 188,000 

Europe: 

Cyprus ............................................................................................. 13,500 

Irish Visa Program ......................................................................... 3,500 

Subtotal—Europe ........................................................................ 17,000 

Near East: 

Egypt ............................................................................................... 535,000 

Israel ................................................................................................ 360,000 

Jordan .............................................................................................. 250,000 

Lebanon ........................................................................................... 35,000 

Middle East Multilaterals .............................................................. 2,000 

Middle East Partnership Initiative ............................................... 75,000 

Middle East Regional Cooperation ................................................ 5,000 

Morocco ............................................................................................ 20,000 

West Bank/Gaza ............................................................................. 75,000 

Yemen .............................................................................................. 15,000 

NED Muslim Democracy Programs .............................................. 4,000 

Subtotal—Near East ................................................................... 1,376,000 

South Asia: 

Afghanistan ..................................................................................... 225,000 

Bangladesh ...................................................................................... 5,000 

India ................................................................................................ 15,000 

Nepal ............................................................................................... 5,000 

Pakistan .......................................................................................... 300,000 

South Asia Regional ....................................................................... 1,000 

Sri Lanka ........................................................................................ 10,000 

Subtotal—South Asia ................................................................. 561,000 

Western Hemisphere: 

Bolivia .............................................................................................. 8,000 

Cuba ................................................................................................. 9,000 

Dominican Republic ........................................................................ 3,000 

Ecuador ........................................................................................... 13,000 

Haiti ................................................................................................. 40,000 

Guatemala ....................................................................................... 6,000 

Nicaragua ........................................................................................ 3,500 

Mexico .............................................................................................. 13,500 

Panama ............................................................................................ 3,000 

Paraguay ......................................................................................... 3,000 

Peru ................................................................................................. 8,000 

Peru/Ecuador Peace ........................................................................ 3,000 

Regional Anticorruption Initiatives .............................................. 3,000 

Summit of the Americas Support .................................................. 1,500 

Third Border Initiative .................................................................. 9,000 

Trade capacity/CAFTA technical assistance ................................ 20,000 

Venezuela ........................................................................................ 500 

Subtotal—Western Hemisphere ................................................. 147,000 

Global: 

Human Rights and Democracy Fund ............................................ 37,000 

993 

Conference Agreement 

Disability Programs ........................................................................ 2,500 

OES Initiatives ............................................................................... 2,500 

Partnerships to Eliminate Sweatshops ......................................... 2,000 

Wheelchairs ..................................................................................... 5,000 

Reconciliation Programs ................................................................ 12,000 

Security and Sustainability Programs .......................................... 3,000 

Trafficking in Persons .................................................................... 24,500 

Subtotal—Global ......................................................................... 88,500 

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

The conference agreement provides $360,000,000 for Israel and 

language requiring disbursement of funds within 30 days of enactment of this Act. The conference agreement provides not less than 

$535,000,000 for Egypt as proposed by both the House and Senate. 

The conference agreement includes language similar to that of 

the Senate amendment that provides that $200,000,000 should be 

provided for Commodity Import Program assistance for Egypt. The 

House bill did not address this matter. 

The conference agreement does not include language, proposed 

by the Senate, that assistance be provided for Egypt with the understanding that the Government of Egypt (GoE) will undertake 

significant political reforms in addition to those undertaken in previous years. The House bill did not address this matter. 

The conference agreement includes language, proposed by the 

Senate, that democracy and governance activities shall not be subject to the prior approval of the GoE. The managers intend this 

language to include nongovernmental organizations and other segments of civil society that may not be registered with, or officially 

recognized by, the GoE. However, the managers understand that 

the GoE should be kept informed of funding provided pursuant to 

these activities. 

The conference agreement does not include a Senate provision 

to make funds from this account available to USAID for administrative costs for regional programs in Asia and the Near East regions. The House bill did not address this matter. 

The conference agreement includes language similar to that 

proposed by the House and the Senate providing that not less than 

$13,500,000 shall be made available for assistance for Cyprus. 

The conference agreement includes language that provides that not less than $250,000,000 should be made available for assistance 

for Jordan, as proposed by the House. The Senate language would 

have mandated this level of support. 

The conference agreement includes language similar to that in the House bill that provides that not less than $35,000,000 shall 

be made available for assistance for Lebanon, of which not less 

than $4,000,000 should be made available for scholarships and direct support of American educational institutions in Lebanon. The conference agreement provides $22,000,000 for assistance 

for East Timor (Timor-Leste) as proposed by the Senate. The House 

bill had similar language. The conference agreement provides that 

of the funds for East Timor, $1,000,000 may be made available for 

administrative expenses of USAID, as proposed by the Senate. 

The conference agreement does not include a House provision 

providing $50,000,000 for assistance for Haiti. The conference 

994 

agreement provides $85,000,000 in assistance for Haiti as specified 

in section 549 of this Act, including $40,000,000 in the Economic 

Support Fund. 

The managers include prior year language authorizing non-lethal assistance to the National Democratic Alliance of Sudan to 

protect its civilians from attack. The Senate did not address this 

matter. 

The conference agreement provides that $3,000,000 should be 

made available to promote freedom of the media in Indonesia. The 

managers expect these funds will support ongoing programs and 

activities, including those conducted by Internews. 

The conference agreement does not include a Senate provision 

that $2,000,000 shall be made available for economic development 

programs conducted by Indonesian universities. However, the managers expect funding should be provided for this purpose. 

The managers expect USAID to provide sufficient funding for 

democracy building activities in Indonesia, and request USAID to 

consult with the Committees on this matter. 

The managers also expect currently unobligated funds for police training in Indonesia to be fully utilized before fiscal year 2005 

Economic Support Fund resources are used for that purpose. 

The conference agreement does not include Senate language 

providing assistance to the Rosary Sisters Hospital in Jordan. The 

managers understand the concerns of the Government of Jordan 

regarding the impact this proposed activity would have on the assistance program for Jordan and recommend that USAID and the 

Department of State review a proposal from the hospital for possible funding from other sources within this Act. The House bill did 

not address this matter. 

The conference agreement does not include Senate language 

that would have authorized up to $4,500,000 for scholarship programs for students from countries with significant Muslim populations at accredited American institutions of higher education. The 

House bill did not address this matter. The managers note that 

sufficient authority exists to fund such scholarships at the present 

time, and endorse the House report language on this matter. The 

managers direct the Department of State to review such a proposal 

and, based on such review, to recommend, as part of the President’s fiscal year 2006 budget request, how such a program (including elementary and secondary school students) could be most effectively funded and managed by the United States Government. 

The conference agreement does not include $2,500,000 for technical assistance to implement the Kimberley Process Certification 

Scheme. However, $1,750,000 should be made available for this 

purpose, as identified in the table establishing funding levels for 

this account. 

The conference agreement does not include Senate language 

providing funding for environment initiatives in the East Asia and 

Pacific region. However, $1,750,000 should be made available for 

this purpose as indicated in the table establishing funding levels 

for this account. The House bill did not address this matter. 

The conference agreement does not include Senate provisions 

providing specific funding levels for Kenya and Liberia. Amounts 

995 

for these countries are identified in the table establishing funding 

levels for this account. The House bill did not address this matter. 

The conference agreement does not include a Senate provision that directed not less than $500,000 should be made available for 

the Commission to Investigate Illegal Groups and Clandestine Security Apparatus in Guatemala (CICIACS). However, the managers 

intend that if CICIACS is established not less than $500,000 

should be made available to support the Commission. The House 

bill did not address this matter. 

The conference agreement does not include Senate language 

providing funding for the Foundation for Security and Sustainability. The managers provide $3,000,000 for the Foundation as 

identified in the table establishing funding levels for this account. 

The House bill did not address this matter. 

The conference agreements includes $5,000,000 for the provisions of wheelchairs for needy persons in developing countries instead of $10,000,000 as proposed by the Senate. The House bill did 

not address this matter. 

INTERNATIONAL FUND FOR IRELAND

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

ASSISTANCE FOR EASTERN EUROPE AND THE BALTIC STATES

The conference agreement appropriates $396,600,000 instead 

of $410,000,000 as proposed by the Senate and $375,000,000 as 

proposed by the House. 

Funds in this account are allocated in the following table and, 

as stipulated in section 595, any change to these allocations is subject to the regular reprogramming procedures of the Committees on 

Appropriations: 

Assistance for Eastern Europe and the Baltic States 

[Budget Authority in thousands of dollars] 

Conference Agreement 

Albania ................................................................................................... $28,000 

Bosnia-Herzegovina ............................................................................... 41,000 

Bulgaria .................................................................................................. 27,000 

Croatia .................................................................................................... 20,000 

Kosovo ..................................................................................................... 75,000 

Macedonia ............................................................................................... 34,000 

Romania .................................................................................................. 27,000 

Serbia ...................................................................................................... 73,600 

Montenegro ............................................................................................. 20,000 

Regional Programs ................................................................................. 51,000 

Total AEEB ................................................................................. 396,600 

The conference agreement contains language similar to that in 

the Senate amendment that provides that $2,000,000 should be 

made available to enhance safety at nuclear power plants. The 

managers understand that additional funding for this purpose will 

not be required in subsequent fiscal years. 

The conference agreement does not include language proposed 

by the Senate to reduce assistance for Serbia by an amount equal 

to the amount of financial and other support that Serbia has provided to Slobodan Milosevic and other indicated war criminals and 

996 

their families during calendar year 2004. The managers request 

the State Department to promptly consult with the Committees on 

the amounts, if any, Serbia has provided to these individuals. The 

House bill did not address this matter. 

The conference agreement does not include a House provision 

requiring the Administrator of USAID to provide prior written approval for grants and loans for the economic revitalization program 

in Bosnia and Herzegovina. The Senate did not address this matter. 

The conference agreement includes House language that requires separate accounts for local currencies and cash transfers 

made available under this heading. The Senate did not address 

this matter. 

The managers have included House language authorizing the 

President to withhold funds for Bosnian economic revitalization if 

Bosnia is not in compliance with article III of annex 1–A of the 

Dayton Accords and has not terminated intelligence cooperation 

with state sponsors of terrorism and terrorist organizations. 

The managers note the language of both the House and Senate 

reports endorsing the American Bar Association’s rule of law programs, and also support implementing them through cooperative 

agreements. 

The managers recommend funding for the Russian, Eurasian, 

and East European Research and Training Program (Title VIII) at 

the fiscal year 2004 level. The managers also encourage the use of 

Title VIII funds to include comparative research and language 

training concerning Eurasian countries critical in the war on terrorism. 

The managers note that USAID, the Kosovo Business Finance 

Fund, and the American Council for International Education have 

recently entered into a partnership to expand professional educational opportunities in Kosovo. Given the static or declining aid 

levels for Eastern Europe and Eurasia, the managers encourage 

the State Department and USAID to work with various Enterprise 

Funds to develop further post graduate partnership programs and 

opportunities for professional education. 

ASSISTANCE FOR THE INDEPENDENT STATES OF THE FORMER SOVIET

UNION

The conference agreement appropriates $560,000,000 as proposed by the Senate, instead of $550,000,000 as proposed by the 

House. 

Funds in this account are allocated in the following table and, 

as stipulated in section 595, any change to these allocations is subject to the regular reprogramming procedures of the Committees on 

Appropriations: 

Assistance for the Independent States of the Former Soviet Union 

[Budget Authority in thousands of dollars] 

Conference Agreement 

Armenia .................................................................................................. $75,000 

Azerbaijan .............................................................................................. 38,000 

Belarus .................................................................................................... 6,500 

Georgia ................................................................................................... 92,000 

Kazakhstan ............................................................................................ 27,000 

997 

Conference Agreement 

Kygryz Republic ..................................................................................... 32,000 

Moldova .................................................................................................. 17,500 

Russia ..................................................................................................... 90,000 

Tajikistan ............................................................................................... 25,000 

Turkmenistan ......................................................................................... 6,000 

Ukraine ................................................................................................... 70,000 

Uzbekistan .............................................................................................. 36,000 

Regional Programs ................................................................................. 45,000 

Total ............................................................................................. 560,000 

The conference agreement includes $3,859,000 for health and 

other assistance needs of victims of trafficking in persons, instead 

of $1,500,000 as proposed by the House and $8,000,000 as proposed 

by the Senate. 

The conference agreement includes language providing not less 

than $17,500,000 for the Russian Far East, instead of $20,000,000 

as proposed by the Senate. The managers endorse Senate report 

language recognizing the important contributions to development 

activities in this region by the University of Alaska. 

The conference agreement does not include a Senate provision 

making available assistance for an emergency operations center in 

Kazakhstan. 

The conference agreement provides that of the funds made 

available for assistance for Ukraine, $5,000,000 should be made 

available for nuclear reactor safety initiatives. The managers expect that of this amount, $3,000,000 should be provided for simulator-related projects. The Senate amendment included a similar 

provision. The House bill did not address this matter. 

The conference agreement includes not less than $55,000,000 

for child survival, environmental and other health activities, and 

programs to reduce the incidence of HIV/AIDS, tuberculosis, and 

other infectious diseases. The House bill would have provided 

$57,000,000 for these purposes. The Senate amendment did not address this matter. 

The managers do not include a Senate provision specifying 

funding for the Russia programs of the National Endowment for 

Democracy or for democracy, human rights, and rule of law programs in Belarus. The House bill did not address these matters. 

The managers request that of the funds provided for assistance for 

Russia, $3,500,000 should be made available to the National Endowment for Democracy for democracy and human rights activities 

in Russia, including political party development programs. 

The conference agreement assumes $6,500,000 for assistance 

for Belarus, which should be used to implement programs and activities authorized under the Belarus Democracy Act of 2004. 

Funds may also be used for anti-trafficking programs and programs to combat HIV/AIDS. 

The conference agreement assumes that of the funds allocated 

for regional programs, at least $3,000,000 should be provided to address ongoing humanitarian needs in Nagorno-Karabakh. 

998 

INDEPENDENT AGENCIES

INTER-AMERICAN FOUNDATION

The conference agreement appropriates $18,000,000 instead of 

$19,000,000 as proposed by the Senate and $16,238,000 as proposed by the House. 

AFRICAN DEVELOPMENT FOUNDATION

The conference agreement appropriates $19,000,000 instead of 

$20,000,000 as proposed by the Senate and $18,579,000 as proposed by the House. 

PEACE CORPS

The conference agreement appropriates $320,000,000, instead 

of $330,000,000 as proposed by the House and $310,000,000 as proposed by the Senate. The managers encourage the Peace Corps to 

consider new programs in Cambodia and elsewhere in Asia, provided sufficient funds are available. 

MILLENNIUM CHALLENGE CORPORATION

The conference agreement appropriates $1,500,000,000 for the 

Millennium Challenge Corporation (MCC) instead of 

$1,250,000,000 as proposed by the House and $1,120,000,000 as 

proposed by the Senate. 

The conference agreement makes available up to $50,000,000 

for administrative expenses instead of $30,000,000 as proposed by 

the House. The Senate amendment did not address this matter. 

Additionally, the managers include House language providing up to 

10 percent of funds for the threshold countries. The Senate included similar language in section 5093 of the Senate amendment. 

The conference agreement includes a number of provisions in 

the House bill that were not addressed by the Senate amendment 

including: requirement for a written justification before funds are 

made available, requesting a report on the threshold country program, extension of section 605(e)(4) of the Millennium Challenge 

Act of 2003, and requiring that the MCC fully fund multi-year compacts for fiscal years 2004 and 2005. 

The conference agreement includes in section 534 of the general provisions a provision similar to the Senate amendment that 

amends the eligibility criteria of the MCC. The managers have included a definition of the ‘‘investments in the people’’ criteria that 

is inclusive of government policies of a potentially eligible country 

that promote the health, education, and other factors that contribute to the well-being and productivity of their people, such as 

decent, affordable housing. 

The managers direct the MCC to consult with the Committees 

on Appropriations and other appropriate committees if the MCC 

plans to propose an expansion of the ‘‘investment in the people’’ criteria beyond the areas of health and education for purposes of 

country eligibility. In the event of such a proposed expansion, the 

managers direct the MCC to provide this consultation not later 

than 21 days prior to the release of the report on the criteria and 

methodology for determining eligibility. The consultation shall inVerDate Aug 04 2004 07:33 Dec 01, 2004 Jkt 096906 PO 00000 Frm 01002 Fmt 6601 Sfmt 6601 E:\HR\OC\HR792.XXX HR792
999 

clude a justification, including supporting documents, that the proposed expansion will meet requirements and expectations of country coverage, transparency and availability, objectivity and reliability, an appropriate inclusion in the eligibility methodology, and 

a link to economic growth and poverty reduction that merits the 

provision of eligibility incentives. 

DEPARTMENT OF STATE

GLOBAL HIV/AIDS INITIATIVE

The conference agreement appropriates $1,385,000,000 for the Global HIV/AIDS Initiative instead of $1,450,000,000 as proposed 

by the Senate and $1,260,000,000 as proposed by the House. The 

managers include a total of $2,296,300,000 for HIV/AIDS, tuberculosis, and malaria, $99,300,000 over the President’s request and 

$690,145,000 over the fiscal year 2004 level. This figure does not 

include significant funding anticipated to be appropriated for the 

Department of Health and Human Services. 

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

[Budget Authority in thousands of dollars] 

Conference Agreement 

Child Survival and Health Programs Fund (CSH) ............................. 867,800 

HIV/AIDS ........................................................................................ (350,000) 

Other Infectious Diseases (TB & malaria) ................................... (170,000) 

Global ATM Fund ........................................................................... (337,800) 

Global HIV/AIDS Initiative .................................................................. 1,385,000 

Other bilateral accounts for HIV/AIDS, TB, malaria ......................... 53,500 

Total ............................................................................................. 2,296,300 

The conference agreement provides, of the $2,296,300,000 included for HIV/AIDS, TB, and malaria in this Act, not less than 

$1,960,100,000 for programs for the prevention and treatment of 

HIV/AIDS, and for care and support of those infected and affected 

by the disease. $1,385,000,000 for HIV/AIDS is included in the 

Global HIV/AIDS Initiative account. An additional $539,100,000 is 

funded through the Child Survival and Health Programs Fund, including $189,100,000 as a conservative estimate of the amount 

from this Act that will be allocated for HIV/AIDS by the Global 

Fund using historic Fund disbursement trends. An estimated 

$36,000,000 is provided through other accounts, such as the Economic Support Fund, International Disaster and Famine Assistance, Foreign Military Financing, and regional accounts for Eastern Europe and the former Soviet Union. The estimate of 

$1,960,100,000 for HIV/AIDS does not include the United States 

share of HIV/AIDS assistance through the World Bank Group. 

The managers note that all funding for the 15 Global HIV/ 

AIDS Initiative ‘‘focus’’ countries is appropriated in this account. 

The managers strongly encourage the Office of the Global AIDS Coordinator to continue its policy of providing additional funding to 

‘‘non-focus’’ countries. The managers also support the procurement 

of cost-effective commodities that are appropriate for use in developing and least developed countries, including rapid strip-based 

HIV tests that address the threat of all strains of HIV, including 

Group O. 

1000 

The conference agreement does not include a Senate provision 

regarding capacity building for nongovernmental organizations and 

governments. The House bill did not address this matter. 

The managers request the Office of the Global AIDS Coordinator to submit a report not later than 180 days following enactment of this Act describing efforts to build the capacity of focuscountry governments and nongovernmental organizations in those 

countries to develop and implement sustainable HIV/AIDS programs. The report should detail efforts, with funding allocations, to 

train local health care personnel, including nurses, and to build the 

infrastructure necessary for effective prevention, care and treatment programs. The report should describe how these programs fit 

into the country’s national health care system and, if relevant, national HIV/AIDS plan. The report should also describe efforts undertaken by the Office of the Global AIDS Coordinator and other 

parts of the Global HIV/AIDS Initiative to coordinate capacity 

building efforts with other relevant initiatives and organizations, 

such as the Global Fund, the World Bank, and the World Health 

Organization. The managers encourage the Office of the Global 

AIDS Coordinator to consolidate reports requested under this title, 

as appropriate. 

Funding for the United States contribution to the Global Fund 

has been included in two places within the President’s annual 

budget submission: the request for USAID and the request for the 

Department of Health and Human Services. The managers request 

the Office of the Global AIDS Coordinator to provide a detailed and 

consolidated description of United States participation in and coordination with the Global Fund. This description should include 

the levels of United States government contributions to the Global 

Fund, efforts to coordinate United States government and Global 

Fund efforts in ‘‘focus’’ countries, and cost estimates of future Global Fund operations, including projections of the cost of grant renewals versus new grants. At a minimum, the forecast should break 

out these estimated costs for fiscal years 2006, 2007, and 2008 and 

describe how the Administration is working with the international 

community to garner support for the Fund. 

The conference agreement does not include a Senate provision 

making funds available for a specific HIV/AIDS education and outreach program. The House bill did not address this matter. The 

managers endorse Senate report language regarding Voice for Humanity. 

The managers recommend $53,500,000 in this Act from the 

Economic Support Fund, Foreign Military Financing, and regional 

accounts for Eastern Europe and the Baltic States and the former 

Soviet Union, for HIV/AIDS, TB, and malaria programs. The conference agreement does not include a Senate provision making 

available from specified regional and programmatic accounts 

$42,000,000 for HIV/AIDS, TB, and malaria programs. The House 

bill did not address this matter. 

The managers include not less than $27,000,000 from this account for the Joint United Nations Programme on HIV/AIDS 

(UNAIDS). The Senate amendment included funding for UNAIDS 

in the Child Survival and Health Programs Fund, and the House 

bill did not address this matter. 

1001 

The conference agreement does not include a House provision 

providing $26,000,000 for the International AIDS Vaccine Initiative 

(IAVI). The managers include funding for IAVI under the heading 

‘‘Child Survival and Health Programs Fund’’, similar to a Senate 

provision. 

INTERNATIONAL NARCOTICS CONTROL AND LAW ENFORCEMENT

The conference agreement appropriates $328,820,000 for International Narcotics Control and Law Enforcement (INCLE), the 

same level as proposed by the House and the Senate. 

The conference agreement provides $40,000,000 for assistance 

to Mexico and $10,500,000 for ongoing programs in Africa. Additionally, the conference agreement provides $10,000,000 for demand reduction programs, similar to the House bill. The Senate did 

not address this matter. 

The conference agreement provides $3,000,000 for the purchase 

of helicopters for Malta, as proposed by the Senate. The House did 

not address this matter. 

The conference agreement includes a modified Senate provision 

that makes $4,000,000 available under this heading for the Philippines. The managers recognize the importance of the United 

States-Philippines relationship and support an increase in funding 

for the Philippines above the requested level under ‘‘Child Survival 

and Health Programs Fund’’, ‘‘Development Assistance’’, ‘‘Anti-Terrorism Assistance’’ and ‘‘International Military Education and 

Training’’. The managers expect to be consulted on assistance for 

the Philippines not later than 60 days after enactment of this Act. 

The conference agreement provides $11,900,000 for the International Law Enforcement Training Academies (ILEA), and the 

managers expect the academies, with the exception of ILEA/Latin 

America, to be funded at the budget request. The managers request 

the State Department to consult with the Committees on plans to 

establish an academy in the Middle East. 

The conference agreement does not include a provision providing $15,000,000 for anti-trafficking programs as proposed by the 

Senate. The managers expect that $5,000,000 of funds under this 

heading will be used for this purpose. 

The managers do not include funds for police training in Indonesia under this heading and expect the State Department to consult with the Committees prior to using ESF funds in this or prior 

year Acts for these purposes. The managers request the State Department to submit a report to the Committees not later than 180 

days after enactment of this Act on current and planned police 

training activities in Indonesia, including funding sources, obligations, and expenditures. 

The conference agreement does not include $1,000,000 for police training in Timor-Leste as proposed by the Senate. However 

the managers expect that under the heading ‘‘Economic Support 

Fund’’, of the $22,000,000 provided for Timor-Leste, that not less 

than $1,000,000 will be used for these purposes. 

The conference agreement makes available $30,300,000 for administrative expenses instead of $26,117,000 as proposed by the 

House and the Senate. 

1002 

The conference agreement does not include an amendment, proposed by the Senate, providing $1,500,000 to the International 

Foundation of Hope (IFH) for alternative crop development programs in Nangarhar Province, Afghanistan. The managers recognize the security threat posed by narcotics production in Afghanistan and recommend the State Department consider funding the 

IFH program. 

The conference agreement does not include a Senate provision that $5,000,000 be made available to combat the piracy of United 

States intellectual property. The managers commend the work of 

the State Department on this issue, expect $3,000,000 to be made 

available in fiscal year 2005, and urge the State Department to request funds for this purpose next year. The managers support the 

reporting requirement concerning this program contained in the 

Senate report. 

The managers endorse House report language on ‘‘Anti-Corruption Compacts’’ and expect the Department of State to work with 

the MCC to identify possible threshold country program funding for 

this purpose. 

ANDEAN COUNTERDRUG INITIATIVE

The conference agreement appropriates $731,000,000 for the 

Andean Counterdrug Initiative as proposed by the House and the 

Senate. The managers emphasize that there are other funds for 

Andean nations in this Act. 

The conference agreement provides that not less than $264,600,000 shall be made available for alternative development 

and institution building activities by USAID, the Department of 

Justice, and the Department of State of which $237,000,000 shall 

be directly apportioned to USAID, including $125,700,000 for Colombia. 

The conference agreement provides that not less than $6,000,000 should be made available for judicial reform in Colombia, not less than $6,000,000 shall be made available to USAID for 

organizations and programs to protect human rights and 

$2,000,000 should be made available for biodiversity and indigenous reserves protection in Colombia. 

The conference agreement again includes conditions, similar to 

current law and the same as the Senate bill, on aerial spraying. 

The House bill did not address this matter. 

The conference agreement includes the House language prohibiting funds for the resumption of flights in support of a Peruvian 

air interdiction program until a system of enhanced safeguards are 

in place. The Senate did not address this matter. 

The conference agreement includes Senate language providing 

that assistance should be made available to the Bolivian military 

and police only if the Bolivian military and police are respecting 

human rights and cooperating with investigations and prosecutions 

of alleged violations of human rights. 

The conference agreement does not include Senate conditions 

on assistance to support the demobilization of illegal armed groups 

in Colombia. The managers are aware that the Colombian Government is engaged in demobilization negotiations with such groups, 

which have been designated foreign terrorist organizations (FTOs) 

1003 

by the State Department. Leaders of these FTOs have been indicted by the Justice Department for drug trafficking and these 

groups have been implicated in widespread human rights violations. The managers note that according to the Justice Department, United States law forbids the provision of United States assistance to members of terrorist organizations. The managers further note that USAID included $3,250,000 in its fiscal year 2005 

budget justification for ‘‘Peace Initiatives’’ in Colombia, including 

demobilization/integration. The conference agreement requires consultation with and notification to the Committees prior to the obligation of fiscal year 2005 funds for such activities. The managers 

believe that the costs of demobilizing illegal armed groups should 

be borne by the Colombian Government, not the United States. The 

managers are concerned that the demobilization process is being 

undertaken without adequate safeguards to ensure the dismantling 

of such FTOs, to deter members of such groups from resuming illegal activities, or to prosecute and punish those involved in drug 

trafficking and human rights violations. 

The managers do not believe the Administration should request funds in fiscal year 2006 for the demobilization/reintegration 

of members of such FTOs unless it is for limited activities that are 

determined by the Justice Department to be consistent with United 

States anti-terrorism laws, and the following conditions can be met: 

(1) The FTO is respecting a ceasefire and the cessation of illegal 

activities; (2) the Government of Colombia has not adopted any law 

or policy inconsistent with its obligations under the United StatesColombian treaty on extradition, and has committed to the United 

States that it will continue to extradite Colombian citizens to the 

United States, including members of such illegal armed groups, in 

accordance with that treaty; (3) the Colombian legal framework 

governing the demobilization of such groups provides for prosecution and punishment, in proportion to the crimes committed, of 

those responsible for gross violations of human rights, violations of 

international humanitarian law, and drug trafficking, for reparations to victims, and for the monitoring of demobilized individuals; 

(4) the Government of Colombia is implementing a policy of effectively dismantling such groups, including the seizure of financial 

and property assets; and (5) the Government of Colombia is taking 

actions to enable the return of stolen assets, including real property, to their original owners. 

The managers are also aware that the Administration has used 

fiscal year 2004 funds to support the Organization of American 

States (OAS) Mission in Colombia. The managers request that, 

prior to the provision of additional funds to the OAS for this purpose, the Secretary of State report to the Committees that the OAS 

Mission is strictly adhering to its verification role, FTOs are concentrated in zones for demobilization, the legal framework governing the demobilization conforms with (3) above, and the InterAmerican Commission for Human Rights is providing advice to the 

OAS Mission. 

The conference agreement makes available $16,285,000 from 

this account for administrative expenses of the Department of 

State as proposed by the House and the Senate and $7,800,000 for 

1004 

administrative expenses of USAID instead of $4,500,000 as proposed by the House and the Senate. 

The conference agreement includes a provision proposed by the 

Senate that requires that the Administrator of USAID, in consultation with the Assistant Secretary of State for International Narcotics and Law Enforcement Affairs, shall have responsibility for 

the use of funds under this heading that are directly apportioned 

to USAID. The conference agreement does not include a provision 

in section 515 of the general provisions, as proposed by the Senate, 

requiring that all reprogrammings of funds under this and the previous heading shall be subject to review and approval by the Deputy Secretary of State. The House did not address either matter. 

Funds in this account are allocated in the following table and, 

as stipulated in section 595, any change to these allocations is subject to the regular reprogramming procedures of the Committees on 

Appropriations: 

Andean Counterdrug Initiative 

[Budget Authority, dollars in thousands] 

Conference Agreement 

Bolivia: 

Interdiction/Eradication ................................................................. 49,000 

Alternative Development/Institution Building ............................. 42,000 

Colombia: 

Interdiction/Eradication ................................................................. 313,200 

USAID Alternative Development/Institution Building ............... 125,700 

Rule of Law ..................................................................................... 27,600 

Ecuador: 

Interdiction/Eradication ................................................................. 11,000 

Alternative Development/Institution Building ............................. 15,000 

Peru: ........................................................................................................

Interdiction/Eradication ................................................................. 62,000 

Alternative Development/Institution Building ............................. 54,300 

Panama ................................................................................................... 6,000 

Brazil ...................................................................................................... 9,000 

Venezuela ............................................................................................... 3,000 

Guatemala .............................................................................................. 1,000 

Nicaragua ............................................................................................... 1,000 

Air Bridge Denial ................................................................................... 11,200 

Total, ACI .................................................................................... 731,000 

MIGRATION AND REFUGEE ASSISTANCE

The conference agreement appropriates $770,000,000 for the 

Migration and Refugee Assistance account (MRA) instead of 

$756,000,000 as proposed by the House and $775,000,000 as proposed by the Senate. 

The conference agreement makes available $22,000,000 for administrative expenses as proposed by the Senate instead of 

$21,000,000 as proposed by the House. The managers expect the 

additional administrative funds to be used for refugee admissions 

and emergency situations. 

The conference agreement also includes Senate language providing not less than $50,000,000 for refugees from the former Soviet Union and Eastern Europe and other refugees resettling in 

Israel. The House bill did not address this matter. 

The conference agreement does not include a Senate provision 

that makes funds available for assistance for international organiVerDate Aug 04 2004 07:33 Dec 01, 2004 Jkt 096906 PO 00000 Frm 01008 Fmt 6601 Sfmt 6601 E:\HR\OC\HR792.XXX HR792
1005 

zations for refugees from North Korea. The House did not address 

this matter. The managers strongly support the provision of funds 

for such purposes, and request the State Department to review 

methods to provide sufficient assistance to safeguard the human 

rights and dignity of North Korean refugees. The managers request 

the State Department to report to the Committees not later than 

90 days after enactment of this Act on programs and activities regarding North Korean refugees supported during calendar years 

2003 and 2004. 

The conference agreement does not include Senate language 

providing that funds under this and the following heading be made 

available to NGOs located in Thailand for humanitarian assistance 

inside Burma. The managers expect NGOs working in Thailand on 

Burmese refugee issues to be funded at amounts above the fiscal 

year 2004 level from these accounts. The managers endorse Senate 

report language regarding funding levels for the Burma Border 

Consortium. 

The managers are deeply concerned with reports of the misuse 

of facilities managed by the United Nations Relief and Works 

Agency for Palestine Refugees in the Near East (UNRWA) and 

UNRWA-owned vehicles for terrorist activities and the recent 

statement by UNRWA’s Commissioner General that the agency 

employs members of the terrorist organization Hamas. The managers note that continued United States support for UNRWA depends on its compliance with United States law prohibiting assistance to terrorist organizations. The managers direct the State Department to work closely with the United Nations and UNRWA to 

develop effective standards and practices to ensure that UNRWA 

resources are not diverted for terrorist purposes, and that the agency is not employing terrorists. The managers direct the Secretary 

of State to transmit a report on these new standards to the Committees on Appropriations no later than 180 days after the enactment of this Act. 

The managers are aware of potential tensions between Sudanese refugees in Chad and the citizens of Chad. The managers recommend funding for programs to mitigate conflict between refugees 

and hosting communities and to provide technical assistance to 

local organizations for assistance to refugees, including refugee registration and protection. 

UNITED STATES EMERGENCY MIGRATION AND REFUGEE ASSISTANCE

FUND

The conference agreement appropriates $30,000,000 for the 

United States Emergency Migration and Refugee Assistance Fund 

(ERMA), instead of $20,000,000 as proposed by the House and 

$50,000,000 as proposed by the Senate. 

The conference agreement includes language from the Senate 

amendment that provides the funds notwithstanding section 2(c)(2) 

of the Migration and Refugee Assistance Act of 1962. 

NONPROLIFERATION, ANTI-TERRORISM, DEMINING AND RELATED

PROGRAMS

The conference agreement appropriates $402,000,000 for Nonproliferation, Anti-terrorism, Demining and Related Programs, inVerDate Aug 04 2004 07:33 Dec 01, 2004 Jkt 096906 PO 00000 Frm 01009 Fmt 6601 Sfmt 6601 E:\HR\OC\HR792.XXX HR792
1006 

stead of $382,000,000 as proposed by the House and $415,200,000 

as proposed by the Senate. 

Funds in this account are allocated in the following table and, 

as stipulated in section 595, any change to these allocations is subject to the regular reprogramming procedures of the Committees on 

Appropriations: 

Nonproliferation, Anti-Terrorism, Demining and Related Programs 

[Budget Authority in thousands of dollars] 

Conference Agreement 

Nonproliferation and Disarmament Fund ........................................... $32,000 

Export Control and Border Security assistance .................................. 38,000 

Nonproliferation of WMD Expertise .................................................... 50,500 

International Atomic Energy Agency—Voluntary Contribution ........ 53,000 

CTBT/International Monitoring System .............................................. 19,000 

Anti-terrorism Assistance ..................................................................... 120,000 

Counterterrorism financing .................................................................. 7,500 

Terrorist Interdiction Program ............................................................. 5,000 

CT Engagement with Allies .................................................................. 500 

Humanitarian Demining ....................................................................... 59,500 

International Trust Fund for Demining .............................................. 10,000 

Small Arms/Light Weapons Destruction ............................................. 7,000 

NADR Total ................................................................................. 402,000 

The conference agreement does not contain language from the 

Senate amendment that would have authorized not to exceed 

$250,000 for the support of public-private partnerships for mine action by grant, cooperative agreement, or contract. Language authorizing these activities for fiscal year 2004 and subsequent years 

was contained in Public Law 108–199. The House bill did not address this matter. 

The conference agreement contains Senate language that provides that funds available for the CTBT Preparatory Commission 

that are not necessary to make the United States contribution to 

the Commission shall be made available to the International Atomic Energy Agency and shall be available until September 30, 2006. 

The conference agreement does not include a Senate provision providing that $10,000,000 be made available to destroy 

MANPADS. The House bill did not address this matter. The managers support efforts to curtail the proliferation of MANPADS and 

note that more than $10,000,000 from this and other appropriations Acts is being made available to achieve this objective. 

The conference agreement does not contain Senate language that would have authorized $10,000,000 for mobile combat systems 

and radiation detection technology to combat international terrorism. While this appropriation account is not the appropriate 

place to fund such activities, the managers support efforts to develop such systems and note that more than $10,000,000 from 

other appropriations Acts is being made available to achieve this 

objective. 

The conference agreement contains Senate language that provides 2–year availability of funds appropriated for anti-terrorism 

assistance and export control and border security. 

CONFLICT RESPONSE FUND

The conference agreement does not include Senate language 

authorizing activities under the Conflict Response Fund, or 

1007 

$20,000,000 for the Fund, as proposed by the Senate. The House 

bill did not address this matter. 

DEPARTMENT OF THE TREASURY

INTERNATIONAL AFFAIRS TECHNICAL ASSISTANCE

The conference agreement appropriates $19,000,000 for the 

International Affairs Technical Assistance program of the Department of the Treasury as proposed by the House instead of 

$17,500,000 as proposed by the Senate. 

DEBT RESTRUCTURING

The conference agreement appropriates $100,000,000 for Debt 

Restructuring, instead of $105,000,000 as proposed by the House 

and $95,000,000 as proposed by the Senate. The conference agreement provides $20,000,000 for the Tropical Forest Conservation Act 

Program, and at least $10,000,000 for bilateral debt relief for the 

Democratic Republic of Congo and the flexibility to provide more 

from available funds if necessary. 

The conference agreement includes House language limiting 

the use of the United States contribution to the HIPC Trust Fund 

and endorses the House report language on this issue. The managers note that the fiscal year 2004 and 2005 funds are subject to 

the regular notification procedures of the Committees on Appropriations. 

TITLE III—MILITARY ASSISTANCE 

INTERNATIONAL MILITARY EDUCATION AND TRAINING

The conference agreement provides that funding for Nigeria, 

Haiti, and the Democratic Republic of Congo shall be subject to the 

regular notification procedures of the Committees on Appropriations. The House bill would have required notification for Nigeria 

and Guatemala, while the Senate amendment would have required 

notification for Cambodia, Haiti, the Democratic Republic of Congo, 

Nigeria, and Guatemala. 

The conference agreement does not include $2,000,000 in International Military Education and Training (IMET) assistance for 

Greece, as proposed by the Senate. However, the managers request 

the Secretary of State to consider providing up to $2,000,000 in 

IMET assistance for Greece. The House bill did not address this 

matter. 

In order to increase cooperation in the war on international 

terrorism, the managers support additional funding above the 

budget request in IMET assistance for Egypt. 

FOREIGN MILITARY FINANCING PROGRAM

The conference agreement appropriates $4,783,500,000 for the 

Foreign Military Financing Program. 

The managers have included language providing 

$2,220,000,000 for Israel and $1,300,000,000 for Egypt as proposed 

in both the House and Senate bills. The conference agreement includes language similar to that proposed in the Senate amendment 

1008 

that provides that $206,000,000 should be made available for assistance for Jordan. 

Funds in this account are allocated in the following table and, 

as stipulated in section 595 any change to these allocations is subject to the regular reprogramming procedures of the Committees on 

Appropriations: 

Foreign Military Financing Program 

[Budget Authority, dollars in thousands] 

Conference Agreement 

Africa: 

Botswana ......................................................................................... $500 

Djibouti ............................................................................................ 4,000 

Eritrea ............................................................................................. 500 

Ethiopia ........................................................................................... 2,000 

Ghana .............................................................................................. 500 

Kenya ............................................................................................... 7,000 

Liberia ............................................................................................. 3,000 

Nigeria ............................................................................................. 500 

Senegal ............................................................................................ 500 

Uganda ............................................................................................ 2,000 

Africa Coastal/Border Security Program ...................................... 4,000 

Military Health Affairs .................................................................. 2,000 

Subtotal—Africa .......................................................................... 26,500 

East Asia and the Pacific: 

Cambodia ......................................................................................... 1,000 

East Timor ...................................................................................... 1,000 

Fiji .................................................................................................... 250 

Indonesia ......................................................................................... 1,000 

Mongolia .......................................................................................... 1,000 

Tonga ............................................................................................... 250 

Philippines ...................................................................................... 30,000 

Thailand .......................................................................................... 1,500 

Subtotal—East Asia and the Pacific ......................................... 36,000 

Europe and Eurasia: 

Albania ............................................................................................ 3,000 

Armenia ........................................................................................... 8,000 

Azerbaijan ....................................................................................... 8,000 

Bosnia .............................................................................................. 2,500 

Bulgaria ........................................................................................... 7,000 

Czech Republic ................................................................................ 6,000 

Estonia ............................................................................................. 5,000 

Georgia ............................................................................................ 12,000 

Hungary .......................................................................................... 6,000 

Kazakhstan ..................................................................................... 5,000 

Kyrgyz Republic .............................................................................. 2,000 

Latvia .............................................................................................. 5,000 

Lithuania ......................................................................................... 5,500 

Macedonia ....................................................................................... 5,250 

Moldova ........................................................................................... 450 

Poland .............................................................................................. 66,000 

Romania .......................................................................................... 11,000 

Slovakia ........................................................................................... 5,000 

Slovenia ........................................................................................... 1,500 

Tajikistan ........................................................................................ 500 

Turkey ............................................................................................. 34,000 

Turkmenistan ................................................................................. 700 

Ukraine ............................................................................................ 3,000 

1009 

Conference Agreement 

Uzbekistan ...................................................................................... 11,000 

Subtotal—Europe and Eurasia .................................................. 213,400 

Near East: 

Bahrain ............................................................................................ 19,000 

Egypt ............................................................................................... 1,300,000 

Israel ................................................................................................ 2,220,000 

Jordan .............................................................................................. 206,000 

Morocco ............................................................................................ 15,250 

Oman ............................................................................................... 20,000 

Tunisia ............................................................................................. 10,000 

Yemen .............................................................................................. 10,000 

Subtotal—Near East ................................................................... 3,800,250 

South Asia: 

Afghanistan ..................................................................................... 400,000 

Bangladesh ...................................................................................... 250 

Nepal ............................................................................................... 1,500 

Pakistan .......................................................................................... 150,000 

(by transfer) .................................................................................... (150,000) 

Sri Lanka ........................................................................................ 500 

Subtotal—South Asia ................................................................. 552,250 

Western Hemisphere: 

Argentina ........................................................................................ 1,000 

Bahamas .......................................................................................... 100 

Belize ............................................................................................... 200 

Bolivia .............................................................................................. 2,000 

Chile ................................................................................................ 500 

Colombia .......................................................................................... 100,000 

Dominican Republic ........................................................................ 1,000 

Ecuador ........................................................................................... 1,000 

El Salvador ...................................................................................... 1,500 

Guyana ............................................................................................ 100 

Haiti ................................................................................................. 300 

Honduras ......................................................................................... 1,000 

Jamaica ........................................................................................... 600 

Nicaragua ........................................................................................ 500 

Panama ............................................................................................ 1,000 

Peru ................................................................................................. 1,000 

Suriname ......................................................................................... 100 

Uruguay ........................................................................................... 400 

Eastern Caribbean .......................................................................... 1,000 

Subtotal—Western Hemisphere ................................................. 113,300 

Global: 

Enhanced Peacekeeping Capabilities ............................................ 1,800 

FMF Administrative Costs ............................................................ 40,000 

Subtotal—Global ......................................................................... 41,800 

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

The conference agreement provides that not less than 

$580,000,000 shall be made available for procurement in Israel of 

defense articles and services, as proposed by the House. The Senate 

proposed similar language. 

The conference agreement does not include language proposed 

by the Senate that would have allowed for the transfer of up to 

$5,000,000 to ‘‘Nonproliferation, Anti-Terrorism, Demining and Related Programs’’. The House bill did not address this matter. 

1010 

The conference agreement includes $400,000,000 in military 

assistance for Afghanistan. 

The conference agreement stipulates that not less than 

$206,000,000 should be provided from this account for assistance to 

Jordan, similar to a Senate provision. The House bill did not address this matter. 

The managers have not included Senate provisions specifying 

funding levels for Tunisia, Armenia, Liberia, and Georgia. Information on funding levels as a basis for notification for these and other 

countries and programs is found in the table included in the Statement of Managers. 

The conference agreement includes a provision, similar to Senate language, which conditions up to $2,000,000 in assistance for 

Uganda on progress by the Government of Uganda in human 

rights, the protection of civilians, and the professionalization of 

Ugandan armed forces. The House bill did not address this matter. 

The conference agreement includes a House provision that permits up to $150,000,000 from prior year Foreign Military Financing 

Program and Economic Support Fund accounts to be transferred to 

the FMF account in this Act for assistance to Pakistan. The Senate 

included similar language, but did not designate Pakistan as the 

recipient of the transferred funds. 

The conference agreement includes Senate language prohibiting funding from this account for Sudan and Guatemala. The 

House bill also included Indonesia in the funding prohibition. 

The conference agreement includes Senate language that requires a notification for assistance for Haiti. The House bill did not 

address this matter. 

The conference agreement does not include a House provision 

prohibiting funding from this account for activities related to the 

clearance of unexploded ordnance from United States Armed 

Forces testing or training centers, except on San Jose Island, Republic of Panama. The Senate amendment did not address this 

matter. 

PEACEKEEPING OPERATIONS

The conference agreement does not include a Senate provision 

authorizing the transfer of funding from the Department of Defense to the Department of State for military or security assistance 

to enhance the capability of foreign countries to participate in 

international peacekeeping or peace enforcement operations. The 

House bill did not address this matter. 

TITLE IV—MULTILATERAL ECONOMIC ASSISTANCE 

INTERNATIONAL FINANCIAL INSTITUTIONS

GLOBAL ENVIRONMENT FACILITY

The conference agreement appropriates $107,500,000 for the 

Global Environment Facility as proposed by the House instead of 

$120,678,000 as proposed by the Senate. 

1011 

CONTRIBUTION TO THE INTERNATIONAL DEVELOPMENT ASSOCIATION

The conference agreement appropriates $850,000,000 for the 

International Development Association, the concessional lending facility of the World Bank, as proposed by the House instead of 

$820,000,000 as proposed by the Senate. 

The managers note that the World Bank promised 

$313,000,000 in grant assistance and $3,000,000,000 in loans to the 

people of Iraq. Of this commitment, only one training program totaling $3,600,000 has been completed, which represents less than 

.01 percent of total funds pledged. The managers request the Secretary of Treasury to submit a report not later than January 1, 

2005 on World Bank loan disbursement and the deployment of 

World Bank international staff to Iraq. 

CONTRIBUTION TO THE ENTERPRISE FOR THE AMERICAS

MULTILATERAL INVESTMENT FUND

The conference agreement appropriates $11,000,000 for past 

due payments by the United States to the Multilateral Investment 

Fund instead of $25,000,000 as proposed by the House and 

$15,000,000 as proposed by the Senate. 

CONTRIBUTION TO THE ASIAN DEVELOPMENT FUND

The conference agreement appropriates $100,000,000 for the 

United States contribution to the Asian Development Fund, instead 

of $112,212,465 as proposed by the House and $59,691,000 as proposed by the Senate. 

CONTRIBUTION TO THE AFRICAN DEVELOPMENT BANK

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

House and $1,100,000 as proposed by the Senate. 

CONTRIBUTION TO THE AFRICAN DEVELOPMENT FUND

The conference agreement appropriates $106,000,000 for the 

African Development Fund instead of $118,000,000 as proposed by 

the House and $67,000,000 as proposed by the Senate. 

INTERNATIONAL ORGANIZATIONS AND PROGRAMS

The conference agreement appropriates $328,394,000 for voluntary contributions to International Organizations and Programs 

instead of $323,450,000 as proposed by the House and 

$328,925,000 as proposed by the Senate. 

The managers continue to support the work of the World Food 

Program and have provided $6,000,000 for a voluntary contribution 

under section 534 of this Act as included in the House bill and the 

Senate amendment. 

The managers expect that of funds under this heading subject 

to section 307(a) of the Foreign Assistance Act of 1961, an additional $350,000 will be made available for United Nations Center 

for Human Settlements for a total of $500,000 in fiscal year 2005. 

As with all funds subject to section 307(a), these funds are subject 

to notification. 

1012 

Funds in this account are allocated in the following table and, 

as stipulated in section 595, any change to these allocations is subject to the regular reprogramming procedures of the Committees on 

Appropriations: 

International Organizations and Programs 

[In thousands of dollars] 

UN Fund for Tech. Cooperation in Human Rights ............................. $1,500 

UN Voluntary Fund for Victims of Torture ......................................... 7,000 

OAS Fund for Strengthening Democracy ............................................ 3,000 

UNDP ..................................................................................................... 109,000 

UNIFEM ................................................................................................. 2,000 

UNIFEM Trust Fund ............................................................................ 1,000 

UNICEF .................................................................................................. 125,000 

OAS Development Assistance ............................................................... 4,900 

WTO ........................................................................................................ 1,000 

ICAO Aviation Programs ...................................................................... 1,000 

UNEP ...................................................................................................... 11,000 

IMO Maritime Security ......................................................................... 100 

Montreal Protocol .................................................................................. 21,500 

International Conservation Programs (CITES/ITTO/IUCN/Ramsar/ 

CCD) .................................................................................................... 6,400 

IPCC/UNFCCC ...................................................................................... 6,000 

International Contributions for Scientific Educational & Cultural 

Activities ............................................................................................. 844 

World Meteorological Organization ...................................................... 2,000 

UN Center for Human Settlements ..................................................... 150 

Reserve to be allocated .......................................................................... 25,000 

Total ............................................................................................. 328,394 

TITLE V—GENERAL PROVISIONS 

(Note.—If House and Senate language is identical except for a 

different section number or minor technical differences, the section 

is not discussed in the Statement of Managers.) 

Sec. 505. Limitation on Representational Allowances 

The conference agreement includes limitations similar to the 

House bill of $4,000 for Foreign Military Financing for entertainment expenses and $130,000 for representation allowances; $55,000 

for International Military Education and Training for entertainment; $4,000 for representation and entertainment expenses for 

the Trade and Development Agency; and $115,000 for the Millennium Challenge Corporation (MCC). The House bill included 

$130,000 for the MCC, and the Senate amendment included $2,000 

and $125,000 for Foreign Military Financing for entertainment and 

representation allowances, respectively; $50,000 for International 

Military Education and Training; $2,000 for the Trade and Development Agency; and $100,000 for the MCC. 

Sec. 515. Notification Requirements 

The conference agreement does not include a Senate provision 

requiring that the International Narcotics Control and Law Enforcement and Andean Counterdrug Initiative accounts be subject 

to the same reprogramming oversight procedures as the Economic 

Support Fund account. The House bill did not address this provision. 

1013 

Sec. 517. Independent States of the Former Soviet Union 

Similar to the Senate amendment, the conference agreement 

does not include House subsection (a) restricting assistance to the 

governments of certain countries unless they are making progress 

in implementing economic reforms, and if these governments used 

United States assistance to facilitate the expropriation or seizure 

of assets. 

Sec. 520. Special Notification Requirements 

The conference agreement adds ‘‘Pakistan’’ and ‘‘Cambodia’’ to 

the list of countries proposed by the House to be subject to the special notification procedures of this section, similar to language proposed by the Senate. Compared to current law, the conference 

agreement deletes the Democratic Republic of the Congo. 

Sec. 522. Child Survival and Health Activities 

The conference agreement makes available not less than $441,000,000 for family planning and reproductive health activities 

from funds appropriated under title II of this Act, rather than 

$450,000,000 as proposed by the Senate amendment. The House 

addressed this matter in the House report and included a level of 

$432,000,000. 

Sec. 523. Afghanistan 

The conference agreement provides that not less than $980,000,000 of the funds appropriated by titles II and III should 

be made available for humanitarian, reconstruction, and related assistance for Afghanistan. The House bill included $977,000,000 for 

such activities. The Senate amendment provided not less than 

$504,450,000 for humanitarian and reconstruction assistance from 

this Act. 

The conference agreement does not include Senate language that would have directed that not less than $225,000,000 be made 

available for Afghanistan from the Economic Support Fund. The 

House bill did not address this matter. 

The conference agreement contains language, similar to a Sen- ate provision, providing that not less than $2,000,000 should be 

made available for the Independent Human Rights Commission 

and other human rights groups. The House bill did not address this 

matter. 

The conference agreement contains language, similar to that 

contained in the Senate amendment, which provides that funds for 

the Afghan National Army should be provided dependent on the 

vetting of members for involvement in a variety of illicit activities. 

The House bill did not address this matter. 

The conference agreement includes Senate language that provides that not less than $2,000,000 should be provided for reforestation activities in Afghanistan, and these funds would be matched, 

to the maximum extent possible. The House bill did not address 

this matter. 

The conference agreement contains language, similar to that in 

both the House bill and the Senate amendment, that provides that 

$50,000,000 should be made available to support programs that directly address the needs of Afghan women and girls, of which not 

1014 

less than $7,500,000 shall be made available for small grants to 

improve the capacity of women-led Afghan nongovernmental organizations. 

The conference agreement does not include a Senate provision 

that not less than $2,000,000 should be made available for assistance for Afghan communities and families that have suffered losses 

as a result of the military operations. However, the managers support this program and expect not less than $2,000,000 to be made 

available for medical, rehabilitation, reconstruction, and other appropriate assistance to Afghan communities and families to mitigate such losses. The House bill did not address this matter. 

Sec. 525. HIV/AIDS 

The conference agreement includes a general provision, ‘‘HIV/ 

AIDS’’, combining elements of section 525 of the House bill and section 5025 of the Senate amendment. The new general provision 

conditions 25 percent of the appropriation to the Global Fund to 

Fight AIDS, Tuberculosis and Malaria, subject to a waiver, on 

managerial and process changes at the Fund to improve its efficiency and transparency. The managers have also included language authorizing a ‘‘Working Capital Fund’’ to strengthen the 

ability of the Office of the Global AIDS Coordinator, USAID, and 

other agencies of the United States Government to negotiate the 

lowest possible prices for safe, effective pharmaceuticals and commodities. 

Sec. 526. Democracy Programs 

The conference agreement provides $19,000,000 under the Economic Support Fund for activities to support democracy, human 

rights and the rule of law in the People’s Republic of China and 

Hong Kong, instead of $35,000,000 as proposed by the Senate, of 

which $15,000,000 is provided to the State Department’s Human 

Rights and Democracy Fund (HRDF) and $4,000,000 to the National Endowment for Democracy (NED). Subject to a matching requirement, funds are made available for the conduct of such programs in Taiwan. 

The conference agreement provides $15,000,000 under the ESF 

account, instead of $25,000,000 as proposed by the Senate, for programs to foster democracy, human rights, and other programs in 

countries with significant Muslim populations and where such programs would be important to respond to, deter, or prevent acts of 

international terrorism. Of this amount, $11,000,000 is provided to 

the HRDF and $4,000,000 to the NED. The agreement provides 

$3,000,000 for programs that provide professional training for journalists, including organizations such as Internews, and $3,000,000 

for activities to advance democracy and human rights in Iran. The 

managers support the use of funds for a conference to bring together Iranian dissidents and advocates of freedom and justice in 

Iran to explore opportunities for furthering democracy in that country. Authority is provided to conduct such programs for Syria. 

The conference agreement provides $4,500,000 to support NED 

programs in sub-Saharan Africa, $500,000 less than the level proposed by the Senate. 

1015 

The conference agreement does not include a provision proposed by the Senate that provides $10,000,000 to American educational institutions for programs in China relating to environment, democracy and the rule of law. This matter is addressed in 

section 534. 

Assistance provided under this section is subject to regular notification procedures. 

The managers request the State Department, in consultation 

with USAID, to submit a report to the Committees not later than 

90 days after enactment of this Act on: the standard definition of 

‘‘democracy and governance programs’’ funded by the United States 

Government; a summary, including budgetary totals, of USAID’s 

democracy and governance programs categorized by grants, cooperative agreements and contracts in fiscal years 2003 and 2004; and, 

additional information on how the proposed United Nations Democracy Fund could complement ongoing, United States-funded democracy building activities. 

The conference agreement addresses Tibet in section 581, in a 

separate general provision as proposed by the Senate. The House 

bill addressed Tibet under this section. 

Sec. 531. Burma 

The conference agreement includes in this section a requirement, as proposed by the Senate, to instruct the United States Executive Directors to the international financial institutions to oppose loans and assistance for Burma. The House did not address 

this matter. 

Additionally, the conference agreement includes a provision, 

similar to the Senate amendment, providing $8,000,000 under the 

heading ‘‘Economic Support Fund’’ for democracy and other activities in Burma and along the Burma-Thailand border. 

The conference agreement includes a provision similar to the 

Senate amendment providing in addition to funds from ‘‘Migration 

and Refugee Assistance’’ not less than $4,000,000 to USAID for humanitarian assistance for displaced Burmese and host communities 

in Thailand. The House did not address this matter. 

The conference agreement does not include a Senate proposed 

requirement that none of the funds appropriated by this Act may 

be made available to the central government of any country that 

is a major provider of weapons to the State Peace and Development 

Council (SPDC). The House did not address this matter. 

The managers express their concern for the safety and welfare 

of Burmese democracy leaders Aung San Suu Kyi, U Tin Oo, and 

other members of the National League for Democracy. The managers call for the immediate, unconditional and safe release of Suu 

Kyi, as well as all other political prisoners in Burma. 

The conference agreement also includes language, similar to 

section 5097 of the Senate amendment, that provides that contributions from the Global Fund to Fight AIDS, Tuberculosis and Malaria to the SPDC and its affiliate organizations will be withheld 

according to the provisions of section 202 of Public Law 108–25. 

The House did not address this matter. 

1016 

Sec. 534. Special Authorities 

In subsection (a), the conference agreement includes House 

language providing certain authority for assistance for Afghanistan, Pakistan, and Montenegro, assistance to victims of war, and 

displaced Burmese. The conference agreement adds Lebanon to 

that list of countries, as in the Senate amendment, but does not include Senate language regarding Iraq and programs to address sexual and gender-based violence. The managers have included such 

language in section 564, ‘‘Community-Based Police Assistance’’. 

In subsection (f), the conference agreement increases the fund- ing ceiling of $25,000,000 in section 451(a) of the Foreign Assistance Act of 1961 to $45,000,000, instead of $50,000,000 as in the 

Senate amendment. 

The conference agreement does not include subsection (j) of the 

Senate amendment defining ‘‘areas outside of the control of the 

Government of Sudan’’. The managers have included similar language in section 569, ‘‘Sudan’’. 

The managers have included subsection (k) of the Senate 

amendment, addressing the adjudication of applications from parolees from Indochina. 

The conference agreement includes language, similar to sub- section (m) as proposed by the Senate, providing $2,000,000 for an 

endowment to document genocide and crimes against humanity in 

Cambodia, and $3,750,000 for an endowment to sustain rehabilitation programs for persons suffering from physical disabilities in 

that country. The conference agreement eliminates language contained in the Senate amendment authorizing funds from future appropriations Acts to be used in these endowments. The managers 

intend that prior year funds may also be used to support these endowments, and the managers understand that with respect to the 

endowment to document genocide, an additional $2,000,000 may be 

made available from fiscal year 2003 funding for a combined total 

of $4,000,000. The managers request that USAID provide signed 

copies of the endowment agreements to the Committees on Appropriations and request that the agreements include a disposition of 

funds upon future liquidation of the endowments. The House bill 

did not address this matter. 

The conference agreement does not include subsection (n) of 

the Senate amendment making foreign extinction lists applicable to 

United States fish and wildlife regulations and law. The House bill 

did not address this matter. 

The conference agreement includes subsection (o) of the Senate 

amendment extending the availability of loan guarantees to Israel 

from September 30, 2005, to September 30, 2007. The House bill 

did not address this matter. 

The conference agreement includes section (c) of section 5109 

of the Senate amendment, ‘‘United Nations Resolutions on Israel’’, 

requiring the Secretary of State to report how governments vote at 

the United Nations on resolutions regarding Israel that are opposed by the United States. The House bill did not address this 

matter. 

Subsection (p) of the Senate amendment regarding affordable 

housing and the MCC is discussed under the heading ‘‘Millennium 

Challenge Corporation’’. 

1017 

The managers provide authority for USAID, notwithstanding 

any other provision of law and subject to the regular notification 

procedures of the Committees, to provide Development Assistance 

funds to American educational institutions for programs and activities in the People’s Republic of China relating to the environment, 

democracy, and the rule of law. 

Sec. 543. Withholding of Assistance for Parking Fines and Real 

Property Taxes Owed By Foreign Governments 

The conference agreement includes language similar to that 

proposed by the Senate, which requires withholding of United 

States assistance to central governments of countries with adjudicated unpaid real property taxes and parking fines in the United 

States. The House bill did not address the issue of property taxes. 

Sec. 547. War Crimes Tribunals Drawdown 

The conference agreement includes House language author- izing up to $30,000,000 in drawdowns of commodities or services 

for the United Nations War Crimes Tribunal for the former Yugoslavia or other future tribunals. The Senate amendment included 

$32,000,000 for such purposes. 

Sec. 549. Haiti 

The conference agreement appropriates funding for Haiti at a level not less than $85,000,000 from Child Survival and Health 

Programs Fund, Development Assistance, and Economic Support 

Funds, which is $60,512,000 above the budget request. The managers endorse the budget request for Haiti under Peace Corps and 

Foreign Military Financing and note additional assistance for Haiti 

is contained in the Global HIV/AIDS Initiative and the Military 

Construction Appropriations and Emergency Hurricane Supplemental Appropriations Act, 2005. 

The managers recognize that improving the health of the Haitian people will necessitate investments in prevention activities, 

such as health outreach and behavioral change, in order to stem 

the spread of illness and disease. The managers note the pioneering work of Zanmi Lasante and direct that $2,000,000 should 

be provided from this account to strengthen and expand that organization’s maternal child health activities in Haiti’s Central Plateau region. This amount is in addition to other amounts that are 

provided by USAID to Zanmi Lasante for HIV/AIDS activities 

under this account, and other headings in the Act. 

The conference agreement does not provide $2,000,000 for the 

Hillside Agriculture Production program. The managers understand that USAID is considering funding this activity at nearly 

$1,000,000 in FY 2005, and support follow on activities which 

broaden the program to include both agriculture and environment. 

The conference agreement does not provide funding under the 

INCLE account for police training activities. The managers recommend ESF funding for these purposes. The managers support 

judicial reform programs to strengthen rule of law in Haiti. 

The managers strongly support the holding of credible, inclusive elections in Haiti in 2005, and direct that sufficient funds be 

made available for election-related activities through the OrganizaVerDate Aug 04 2004 07:33 Dec 01, 2004 Jkt 096906 PO 00000 Frm 01021 Fmt 6601 Sfmt 6601 E:\HR\OC\HR792.XXX HR792
1018 

tion of American States. The managers request the State Department to consult with the appropriate committees on plans to support these elections. 

The conference agreement does not include a Senate provision 

requiring a plan for reforestation in Haiti. However, concerns with 

deforestation in Haiti were reinforced by the May 2004 mudslides 

that caused widespread death and destruction. The managers request the Administrator of USAID to consult with the Secretaries 

of State, Agriculture, and Energy, with Haitian officials, nongovernmental organizations and communities, and with appropriate international donor agencies, to devise a reforestation strategy for areas that are vulnerable to erosion. The managers request 

the Administrator of USAID submit a report not later than 180 

days after enactment of this Act containing such a strategy including funding requirements. 

The managers also request that the Secretary of State submit 

a report within 90 days after enactment of this Act containing a 

multi-year assistance strategy for Haiti, with a focus on security, 

employment, elections, health, education, and the rule of law. 

The managers were disappointed by the Haitian Government’s 

mishandling of the trial of Louis Jodel Chamblain and note with 

growing concern the deteriorating security and human rights situation in Haiti. 

The managers support the work of the Cooperative Association 

of States for Scholarships program and recommend additional funding to expand its activities in Haiti. 

Sec. 554. Cambodia 

The conference agreement includes a provision, similar to a 

Senate amendment, regarding assistance for Cambodia. The managers remain concerned with the slow pace of political, legal and 

economic reforms in that country, and the absence of transparency 

and accountability on behalf of the Royal Government of Cambodia 

(RGC). 

The managers commend a recent USAID-funded assessment of 

corruption in Cambodia, and are troubled by the lack of political 

will demonstrated by the RGC and the Cambodian People’s Party 

in tackling the issues of lawlessness and impunity in that country. 

The conference agreement provides that $4,000,000 may be made 

available for activities to support democracy in that country, and 

the managers have included an exception for rule of law programs. 

The conference agreement provides $1,000,000 in FMF assistance for Cambodia, and conditions IMET assistance on the provision of a list to the Committees, compiled by the Secretary of State, 

of those individuals who have been credibly alleged to have ordered 

or carried out the attack against the Khmer Nation Party in 1997. 

This list may be provided in classified form, if necessary. The managers expect FMF assistance to strengthen border control and 

counterterrorism efforts in Cambodia, and request that the Committees be consulted prior to initiating any FMF related activities. 

The managers recommend that the Secretary of State consult with 

relevant United States Government agencies and international 

nongovernmental organizations in compiling the IMET-required 

list. 

1019 

The conference agreement provides that assistance may be 

made available for a Khmer Rouge genocide tribunal if the Secretary of State makes a number of determinations regarding the 

credibility and independence of Cambodia’s judicial system and the 

proposed tribunal. 

Sec. 555. Palestinian Statehood 

The conference agreement includes language similar to that 

proposed by the House providing Presidential waiver authority in 

circumstances ‘‘vital’’ to national security. The Senate amendment 

would have provided such waiver authority in circumstances ‘‘important’’ to national security. 

Sec. 556. Colombia 

The conference agreement includes a provision similar to current law that conditions the provision of assistance to the Colombian Armed forces, but includes a Senate proposed change in subsection (2)(E) requiring a certification that the Colombian Government is dismantling paramilitary leadership and financial networks. The House bill and current law required the Colombian 

Armed Forces to meet this condition. 

The conference agreement does not include a Senate provision 

requiring prior consultation with the Office of the United Nations 

High Commissioner for Human Rights in Colombia, with the International Committee of the Red Cross, and with the appropriate 

congressional committees. The managers expect the Secretary of 

State, prior to making the certifications required by this section, to 

consider the opinion of the Office of the United Nations High Commissioner for Human Rights in Colombia regarding the conditions 

in section 556(2)(A) through (E) of this Act and to consult with the 

Committees on Appropriations. 

Sec. 559. West Bank and Gaza Program 

The conference agreement does not include a Senate provision 

creating a new subsection ‘‘Certification’’. The agreement does include a new Senate subsection ‘‘Prohibition’’ that prohibits funds 

under this program from recognizing or honoring individuals who 

commit acts of terrorism. The House did not address either of these 

matters. 

Sec. 560. Contribution to the United Nations Population Fund 

The conference agreement provides $34,000,000 for the UN 

Population Fund (UNFPA) for fiscal year 2005, as recommended by 

the Senate. Of this amount, $25,000,000 is to be made available 

from funds appropriated under ‘‘International Organizations and 

Programs’’ (designated in the table as ‘‘Reserve to be allocated’’) 

and the balance of $9,000,000 is to be made available from funds 

appropriated under ‘‘Child Survival and Health Programs Fund’’. 

The conference agreement includes language that mandates 

the reprogramming of $12,500,000 in fiscal year 2004 funds, originally appropriated under ‘‘International Organizations and Programs’’ in P.L. 108–199 for UNFPA, for anti-trafficking programs 

and $12,500,000 in fiscal year 2004 funds, originally appropriated 

under ‘‘International Organizations and Programs’’ in P.L. 108–199 

1020 

for UNFPA, for family planning, maternal, and reproductive health 

activities. 

The conference agreement also includes language similar to a 

Senate provision which requires that funds appropriated under 

‘‘International Organizations and Programs’’ in this Act that are 

available for UNFPA (designated in the table as ‘‘Reserve to be allocated’’), that are not made available for UNFPA because of the 

operation of any provision of law, shall be transferred to ‘‘Child 

Survival and Health Programs Fund’’ and shall be made available 

for family planning, maternal, and reproductive health activities. If 

transferred to ‘‘Child Survival and Health Programs Fund’’, these 

funds would be administered by USAID subject to the Committees’ 

regular notification procedures. The purpose of this provision is to 

eliminate any ambiguity regarding the managers’ intent that funds 

appropriated for UNFPA that are not provided to UNFPA as a result of the operation of any provision of law are to be made available to USAID for family planning, maternal, and reproductive 

health activities. 

Sec. 563. Funding for Serbia 

The conference agreement includes Senate language that conditions assistance for the central government of Serbia, after May 

31, 2005, on certain specified conditions. The House bill contained 

current law on this matter. 

Sec. 564. Community-Based Police Assistance 

The managers have included a general provision similar to 

Senate proposed language expanding the authorities in current law 

to allow USAID to participate in programs that improve community policing. The House bill limited the authority to Jamaica and 

El Salvador, the same as current law. The expanded authorities in 

this section are limited to improving the effectiveness and accountability of civilian police authority through training and technical 

assistance in human rights, the rule of law, strategic planning, and 

through assistance to foster civilian police roles that support democratic governance. The section includes a consultation requirement 

that the managers expect to be invoked at the preliminary planning stages of such programs. The section further provides that the 

notification of the Committees on Appropriations is required before 

any obligation of funds using the authority of this section. The 

House bill included a provision similar to current law. 

Sec. 565. Special Debt Relief for the Poorest 

The conference agreement includes language similar to the 

Senate amendment providing the President authority to reduce 

debt owed to the United States as a result of obligations to pay for 

purchases of United States agricultural commodities under export 

credit guarantee programs. The House bill did not include this authority. 

Sec. 567. Basic Education 

The conference agreement includes language proposed by the 

House that provides not less than $400,000,000 for basic education 

from title II of this Act shall be available. The Senate amendment 

1021 

would have provided that not less than $335,000,000 from title II 

of this Act should be for such purposes. 

Sec. 568. Reconciliation Programs 

The conference agreement provides $12,000,000 from the Economic Support Fund account for such programs similar to the 

House bill. The Senate amendment provided $15,000,000 for such 

purposes. 

Sec. 569. Sudan 

The conference agreement includes a new provision, similar to 

section 531 of the House bill, that provides not less than 

$311,000,000 from this Act for Sudan. As in the House bill, no 

funds from this Act may be available for assistance for the Government of Sudan or to alleviate the sovereign debt of that government unless specific steps are taken to improve security and humanitarian assistance in Darfur. In addition to the notification procedures required for Sudan in section 520, this general provision 

limits the amount of ‘‘International Disaster and Famine Assistance’’ and ‘‘Transition Initiatives’’ funds that may be spent without 

notification outside of Darfur to $45,000,000. The section also provides the Administration the authority to continue current projects 

and programs in Sudan. 

This section also includes modified language from sections 5103 and 5105 of the Senate amendment providing $75,000,000 in 

emergency appropriations for ‘‘Peacekeeping Operations’’ to support 

peace and humanitarian intervention operations for Sudan, and an 

additional $18,000,000 for ‘‘International Disaster and Famine Assistance’’ for humanitarian assistance and related activities for 

Sudan. The managers intend that the additional Peacekeeping Operations funding will be used to support the African Union operation in Darfur. 

Language is included designating the entire amount as an 

emergency. The Secretary of State is instructed to consult with the 

Committees on Appropriations regarding the proposed uses of these 

funds within 30 days of enactment of this Act. 

For purposes of Section 402(a)(2) of S. Con. Res. 95 (108th Congress), as made applicable to the House of Representatives by H. 

Res. 649 (108th Congress), funds made available pursuant to this 

section are provided in response to a situation which poses a direct 

threat to life and property, is sudden, is an urgent and compelling 

need, is unpredictable, and is not permanent in nature. 

Sec. 570. Trade Capacity Building 

The managers recommend that not less than $507,000,000 

should be made available for trade capacity building assistance 

from several accounts in title II of this Act. The House bill recommended $517,000,000 for this purpose and the Senate did not 

address this matter. 

In this section, the conference agreement provides $20,000,000 

for capacity building activities under ‘‘Economic Support Fund’’ related to the free trade agreement between the United States and 

the countries of Central America and the Dominican Republic. The 

managers expect that such activities should include labor cooperaVerDate Aug 04 2004 07:33 Dec 01, 2004 Jkt 096906 PO 00000 Frm 01025 Fmt 6601 Sfmt 6601 E:\HR\OC\HR792.XXX HR792
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tion, capacity building priorities on fundamental labor rights and 

the elimination of child labor, and improvements in labor administration. Additionally, the managers note that these activities 

should also include programs relating to the environment, specifically technical assistance on the development and enforcement of 

environmental laws and regulations, environmental management 

systems, partnerships to enhance environmental efforts, and market-related and economically sustainable conservation programs. 

Prior to the obligation of funds for these purposes, the managers 

request that the Department of State consult with the Committees 

on Appropriations. 

Sec. 572. Indonesia 

The conference agreement includes language similar to that of 

the Senate amendment regarding assistance for Indonesia under 

the accounts ‘‘International Military Education and Training’’ 

(IMET) and ‘‘Foreign Military Financing Program’’ (FMF). 

The managers note the recent election of Indonesia President 

Susilo Bambang Yudhoyono and look forward to a cooperative relationship on a broad range of issues including anti-terrorism and 

military reform. The managers note the opportunity for improved 

and enhanced military-to-military relations. 

However, the managers remain concerned with the slow pace 

of military reforms in that country, and that members of the Indonesian Armed Forces continue to avoid justice in cases involving 

gross violations of human rights, including those committed in East 

Timor. The managers condition FMF assistance and licenses for 

the export of lethal defense articles on a certification by the Secretary of State. 

The conference agreement again conditions IMET assistance 

on the Indonesian Armed Forces cooperation with the FBI’s investigation into the August 31, 2002 murders of two American citizens 

and one Indonesian citizen. Expanded IMET assistance is not subject to this condition. The managers strongly encourage the Indonesian Government to redouble efforts to resolve this case in a 

credible and professional manner. 

The House bill included language similar to that of the Senate 

on the provision of IMET assistance. The House bill did not address the issue of FMF assistance for Indonesia in this section, but 

prohibited assistance in the bill language under that account. 

Sec. 573. Limitation on Contracts 

The conference agreement includes language, similar to that in 

the House bill, which prohibits funds from this Act from being used 

to fund any contract contravening section 8(d)(6) of the Small Business Act, which requires certain reporting and certification requirements from government subcontractors. The Senate did not address 

this matter. 

Sec. 574. Limitation on Economic Support Fund Assistance for Certain Foreign Governments that are Parties to the International 

Criminal Court 

The conference agreement includes language in subsection (a) 

prohibiting the use of funds appropriated under the Economic SupVerDate Aug 04 2004 07:33 Dec 01, 2004 Jkt 096906 PO 00000 Frm 01026 Fmt 6601 Sfmt 6601 E:\HR\OC\HR792.XXX HR792
1023 

port Fund for assistance to any government of a country that is a 

party to the International Criminal Court (ICC) and has not entered into an agreement with the United States pursuant to Article 

98 of the Rome Statute preventing the ICC from proceeding against 

United States personnel present in such country. 

In subsection (b), the President is given the authority, without 

prior notice to Congress, to waive the prohibition of subsection (a) 

with respect to a North Atlantic Treaty Organization (NATO) member country, a major non-NATO ally (as specified in this subsection), or Taiwan if he determines and reports to the appropriate 

congressional committees that it is important to the national security interests of the United States. 

In subsection (c), the President is given the authority, without 

prior notice to Congress, to waive the prohibition in subsection (a) 

for a particular country if he determines and reports to the appropriate congressional committees that such country has entered into 

an agreement with the United States pursuant to Article 98. 

In subsection (d) language is included that exempts assistance 

under the Millennium Challenge Act from the prohibition of this 

section, notwithstanding section 606(a)(2)(B) of such Act. 

The House bill included the same language as contained in 

subsection (a). The Senate amendment did not address this matter. 

Sec. 575. Prohibition against Direct Funding for Saudi Arabia 

The conference agreement includes language that prohibits assistance to Saudi Arabia, but allows for assistance to be provided 

if the President certifies to the Committees on Appropriations, 15 

days prior to the obligation of funds for assistance for Saudi Arabia, that Saudi Arabia is cooperating with efforts to combat international terrorism and that the proposed assistance will help facilitate that effort. The House bill did not contain a waiver provision. 

The Senate amendment did not address this matter. 

Sec. 576. Environment Programs 

The conference agreement provides that $165,000,000 in development assistance shall be made available for biodiversity programs, of which $8,000,000 should be made available to implement 

a new regional strategy for biodiversity conservation in countries 

comprising the Amazon basin of South America, which is additional 

to the amounts requested for biodiversity activities in the Amazon 

basin in fiscal year 2005. The Senate proposed $15,000,000. The 

managers note that $7,000,000 in unobligated fiscal year 2004 

funds are also available for this purpose. The managers request to 

be consulted prior to the obligation of funds. 

The conference agreement does not include a Senate provision 

that not less than $17,500,000 should be made available for the 

Congo Basin Forest Partnership, of which not less than $2,500,000 

should be made available for the Great Apes Conservation Fund 

administered by the United States Fish and Wildlife Service for 

use in Central Africa. However, the managers support these conservation programs and expect these amounts to be made available 

for these purposes. 

The conference agreement includes language similar to a Senate provision making $180,000,000 available for clean energy and 

1024 

other climate change policies and programs in developing countries. 

Of this amount, $100,000,000 should be made available to promote 

and deploy energy conservation, energy efficiency, and renewable 

and clean energy technologies. The managers are concerned that 

funding for these energy activities, and for USAID’s Office of Energy and Information Technology, has decreased in recent years, 

and have therefore provided $15,000,000 above the amount allocated by USAID in fiscal year 2004 for these purposes. The managers request USAID to submit a report not later than 90 days 

after enactment of this Act, describing activities funded and funding amounts for each type of energy program. The managers request that the Caribbean be considered by USAID for support for 

solar, hydro and other renewable energy technologies, in addition 

to the regions listed in the Senate report. 

The conference agreement includes in this section the same 

language as Senate section 5101 that requires the Secretary of 

Treasury to inform the international financial institutions (IFIs) 

that it is United States policy not to provide assistance for natural 

resource extraction and export until a number of transparency 

guidelines are met with respect to revenues and expenditures. Additionally the section requires a report describing assistance by the 

IFIs for natural resource extraction and export. The House did not 

address this matter. 

Sec. 577. Uzbekistan 

The conference agreement contains language proposed by the 

Senate that provides that assistance to the Government of 

Uzbekistan may be made available only if the Secretary of State 

determines and reports that the Government is making substantial 

progress in meeting its bilateral commitments in the Declaration of 

Strategic Partnership with the United States. The House bill did 

not address this matter. 

Sec. 578. Central Asia 

The conference agreement contains language proposed by the 

Senate that provides that assistance to the Government of 

Kazakhstan may be made available upon a determination and report by the Secretary of State that Kazakhstan has made significant improvements in the protection of human rights during the 

preceding six months. The Senate provision includes a national security waiver. It also requires the Secretary of State to submit periodic reports on the provision of defense articles, services, and financial assistance to the countries of Central Asia. The House bill did 

not address this matter. 

Sec. 579. Disability Programs 

The managers strongly support the rights of people with disabilities and direct funding be made available to support policies 

and programs on behalf of people with disabilities in developing 

countries. The managers note that USAID has already designated 

a Disability Coordinator, and expect the USAID Disability Coordinator and the State Department to work together to devise a plan 

for their respective roles in administering these funds, in consultation with the Committees on Appropriations. 

1025 

The managers have provided authority to use a portion of the 

funds for an international conference on the needs of people with 

disabilities, including disability rights, advocacy and access. USAID 

and the Department of State are to consult with the Committees 

on Appropriations regarding any plan to sponsor such a conference. 

Sec. 580. Zimbabwe 

The conference agreement includes language the same as current law and similar to section 5073 of the Senate amendment that 

requires the Secretary of the Treasury to take certain punitive 

measures against the Government of Zimbabwe. The House bill did 

not address this matter. 

Sec. 581. Tibet 

The conference agreement contains language similar to that 

contained in the House bill in section 526, and in the Senate 

amendment in section 5074, that provides that of the funds appropriated to the Economic Support Fund, not less than $4,000,000 

should be made available to nongovernmental organizations which 

preserve cultural traditions and promote sustainable development 

and environmental conservation in Tibetan communities. In addition, the conference agreement provides that $250,000 should be 

made available for human rights and democracy programs through 

the National Endowment for Democracy. 

Sec. 582. Nigeria 

The conference agreement includes Senate language requiring 

a report (which should be provided within 90 days of enactment) 

on the involvement of the Nigerian Armed Forces in an incident in 

Benue State, the steps being taken to prosecute those involved, and 

whether such units have received United States assistance. The 

House bill did not address this matter. 

Sec. 583. Discrimination against Minority Religious Faiths in the 

Russian Federation 

The conference agreement includes Senate language prohibiting any funds from this Act for the Government of the Russian 

Federation after 180 days from enactment of this Act, unless the 

President determines and certifies that the Government of the Russian Federation has implemented no government action discriminating against religious groups or communities. The House bill did 

not address this matter. 

Sec. 584. Central America 

The conference agreement includes a new general provision 

providing funds for countries of Central America. Subsection (a) 

provides that of the funds appropriated by this Act under the headings ‘‘Child Survival and Health Programs Fund’’ and ‘‘Development Assistance’’, not less than the amount of funds initially allocated pursuant to section 653(a) of the Foreign Assistance Act of 

1961 for fiscal year 2004 should be made available for El Salvador, 

Guatemala, Nicaragua and Honduras. The managers note that the 

total funding levels for these countries are as follows: $35,755,000 

for El Salvador, $22,499,000 for Guatemala, $35,144,000 for HonVerDate Aug 04 2004 07:33 Dec 01, 2004 Jkt 096906 PO 00000 Frm 01029 Fmt 6601 Sfmt 6601 E:\HR\OC\HR792.XXX HR792
1026 

duras, and $35,011,000 for Nicaragua. The House bill did not address this matter, and the Senate amendment addressed only Nicaragua and Guatemala. 

Subsection (b) includes a provision similar to the Senate amendment conditioning $3,227,000 of funds provided in prior 

years Acts for the Guatemala Military Assistance Program. The 

House did not address this matter. 

Subsection (c) includes a provision identical to Senate section 

5088 that amends section 527 of the Foreign Relations Authorization Act for fiscal years 1994 and 1995 to exempt the government 

of Nicaragua from sanctions as a result of expropriation of property 

claims after a certain date set by the Secretary of State. 

The managers note that the Procuraduria de la Republica in 

Nicaragua and the Fiscalia de Anti-corrupcion in Guatemala have 

played leading roles in the fight against corruption in Central 

America. Both have assembled impressive track records of investigations, arrests and convictions involving the misuse of government funds that are unprecedented in each country. The managers 

endorse Senate report language recommending $250,000 for the 

Procuraduria and $250,000 for the Fiscalia in fiscal year 2005. 

Sec. 585. War Crimes in Africa 

The conference agreement includes a Senate provision conditioning funding to the central government of any country where 

specific war criminals are living on a determination by the Secretary of State that such government is making efforts to cooperate 

with specified criminal tribunals and special courts. Funding for 

‘‘Peacekeeping Operations’’ and projected economic assistance are 

exempt from this restriction. 

Sec. 586. Admission of Refugees 

The conference agreement provides language similar to section 

5081 of the Senate amendment that advises the Secretary of State 

to use private voluntary organizations with relevant expertise in 

the processing, identification, and referral of refugees and advises 

the Secretary of State to develop a system for accepting referrals 

from local private, voluntary organizations, and outlines categories 

of special consideration for admission. The provision does not include a report required in the Senate language. The House bill did 

not address this matter. 

Sec. 587. Code of Conduct 

The conference agreement continues previous year language 

that prohibits refugee and humanitarian assistance funding under 

the heading ‘‘Migration and Refugee Assistance’’ and ‘‘Office of 

Transition Initiatives’’ to an organization that has not adopted a 

code of conduct consistent with the Inter-Agency Standing Committee Task Force on Protection From Sexual Exploitation and 

Abuse in Humanitarian Crises six core principles. Additionally the 

provision advises the Secretary of State and the Administrator of 

USAID to incorporate policies and programs to identify the needs 

of, and threats to, women and children at the various stages of a 

complex humanitarian emergency. The provision is similar to the 

Senate amendment. The House bill did not address this matter. 

1027 

Sec. 588. United States Agency for International Development Hiring Authority 

The conference agreement provides authority for USAID to use 

up to $37,500,000 to hire 175 Foreign Service Limited employees. 

The Senate provided $25,000,000 for an USAID pilot management 

initiative and $12,500,000 in hiring authority. For many years, 

USAID has used multiple personnel authorities, such as Personal 

Services Contracts (PSCs), Participating Agency Service Agreements (PASAs), Resources Support Service Agreements (RSSAs) 

and other mechanisms to obtain the services of individuals necessary to carry out USAID’s programs. 

Many of these individuals have unique skills that USAID will 

require only for a limited duration, although in most other respects 

these individuals are indistinguishable from USAID employees. 

USAID estimates it has over 800 of these individuals now working 

in Washington and in overseas missions. The salary and support 

costs of these individuals are currently included in appropriations 

for program accounts. 

Prior to using the authority, USAID must meet several conditions, including: a comprehensive work force analysis and a one for 

one reduction in the number of PSCs, PASAs, RSSAs and other 

staff. The managers expect this authority to help rationalize 

USAID’s personnel practices and make more transparent the costs 

of program implementation. It will lead to budget savings as 

USAID is now required to pay other agencies and entities overhead 

costs of as much as 30 and 40 percent when it uses outside staff. 

The conference agreement includes language under this section 

similar to section 5083 of the Senate amendment, which allows 

USAID to use program funds to cover the costs of staff working to 

mitigate the effects of natural disasters. The managers note that 

this authority should be used sparingly and only when necessary 

to enable USAID to cope with the consequences of natural disasters, such as those on the scale of Hurricane Mitch in Central 

America in 1999. 

Sec. 589. Overseas Private Investment Corporation and Export-Import Bank Restrictions 

The conference agreement includes a provision identical to the 

Senate amendment and current law that prohibits the use of funds 

by OPIC and the Export-Import Bank to finance investments in 

connection with a project involving diamonds in a country that is 

not implementing the requirements developed by the Kimberley 

Process, or is not undertaking other measures that the Secretary 

of State determines to contribute to the elimination of the trade in 

conflict diamonds. 

Sec. 590. Security in Asia 

The conference agreement does not include Senate language 

that would have specified military assistance for a number of countries in Asia. Funding for these countries is addressed in the Statement of the Managers in the table under the heading ‘‘Foreign 

Military Financing Program’’. The House bill did not address these 

matters. 

1028 

The conference agreement provides FMF assistance to a number of Asian countries not included in the 2005 budget request, including Cambodia, Indonesia, Fiji, Tonga, and Bangladesh, and additional assistance above the request for Mongolia, Thailand and 

Nepal. The managers endorse Senate report language regarding 

terrorism in Southeast Asia. 

The conference agreement provides FMF assistance for the Indonesian navy in order to enhance maritime security, subject to a 

report by the Secretary of State that the navy is not violating 

human rights and is cooperating with civilian judicial authorities 

on cases involving human rights violations. The provision of such 

assistance is subject to notification. 

The conference agreement also provides that FMF assistance 

for Cambodia may be made available notwithstanding section 554 

of this Act, subject to notification. 

The managers deplore and condemn atrocities committed by 

Maoist insurgents in Nepal, and commend the Government of 

Nepal for recognizing the need for a political solution to this conflict. The conference agreement conditions FMF assistance on a 

number of determinations by the Secretary of State regarding the 

Government of Nepal’s efforts to promote and protect human 

rights, and includes a national security waiver. 

Sec. 591. HIPC Debt Reduction and Trust Fund 

The conference agreement includes a section identical to Sen- ate section 5093 that authorizes not more than $150,000,000 for 

contributions to the HIPC Trust Fund. The House did not address 

this matter. 

Sec. 592. Compliance with the Algiers Agreement 

The conference agreement includes language similar to a Senate provision restricting United States assistance, with certain exceptions and a waiver provision, to the central governments of 

Ethiopia or Eritrea unless the Secretary of State certifies that such 

governments are taking steps to comply with the Algiers Agreements. The House did not address this matter. 

Sec. 593. Administrative Provisions Related to Multilateral Development Banks 

The conference agreement includes language similar to Senate 

section 5099 related to a number of environmental provisions for 

the multilateral development banks. The House did not address 

this matter. 

Sec. 594. Vietnamese Refugees 

The conference agreement includes language similar to section 

5100 of the Senate amendment which makes certain potential Vietnamese refugees eligible to be considered refugees ‘‘of special humanitarian concern’’ and to be resettled in the United States. 

Sec. 595. Joint Explanatory Statement 

The conference agreement includes a new general provision requiring that funds in the following accounts be allocated as indicated in the respective tables in the statement of the managers acVerDate Aug 04 2004 07:33 Dec 01, 2004 Jkt 096906 PO 00000 Frm 01032 Fmt 6601 Sfmt 6601 E:\HR\OC\HR792.XXX HR792
1029 

companying this Act: Economic Support Fund, Assistance to Eastern Europe and the Baltic States, Assistance for the Independent 

States of the Former Soviet Union, Nonproliferation, Anti-terrorism, Demining and Related Programs, Andean Counterdrug Initiative, Foreign Military Financing Program, and International Organizations and Programs. Any change to these allocations is subject to the regular reprogramming procedures of the Committees on 

Appropriations. 

PROVISIONS NOT ADOPTED BY THE CONFEREES

The conference agreement does not include section 5025 of the 

Senate bill, ‘‘HIV/AIDS Working Capital Fund’’. The contents of the 

section are included in section 525 of the conference agreement 

‘‘HIV/AIDS’’. The House did not address this matter. 

The conference agreement does not include section 569 of the 

House bill or section 5095 of the Senate amendment, ‘‘Debt Restructuring Authority’’ authorizing funds from the Iraq Relief and 

Reconstruction Fund to be used for the costs of debt relief for Iraq 

or Senate language amending the sectoral allocations for the Iraq 

Relief and Reconstruction Fund as specified in the fiscal year 2004 

Emergency Supplemental for Iraq and Afghanistan. The provisions 

of this section were enacted in Public Law 108–309, the continuing 

resolution for fiscal year 2005. Senate language in this section providing the Overseas Private Investment Corporation authorization 

to work in Iraq during fiscal year 2005 is included under title I of 

this Act. 

The conference agreement does not include section 572 of the 

House bill or section 5091 of Senate amendment, each regarding 

Cuba. 

The conference agreement does not include section 573 of the 

House bill, ‘‘Office of the Inspector General of the CPA’’. A similar 

provision was enacted in Public Law 108–375, the Defense Authorization Act, 2005. The Senate amendment did not address this matter. 

The conference agreement does not include section 574 of the 

House bill, ‘‘Oversight of Iraqi Reconstruction’’. The provisions of 

this section were enacted in Public Law 108–309, the continuing 

resolution for fiscal year 2005. The Senate amendment did not address this matter. 

The conference agreement does not include section 576 of the 

House bill, ‘‘Limitation on Attendance at Conferences Outside the 

United States’’. The Senate amendment did not address this matter. 

The conference agreement does not include section 5076 of the 

Senate amendment, ‘‘University Programs’’. The House bill did not 

address this matter. 

The conference agreement does not include section 578 of the 

House bill, ‘‘Prohibition on Use of Funds for Certain Purposes’’. The 

Senate amendment did not address this matter. 

The conference agreement does not include section 579 of the 

House bill, ‘‘Prohibition on Use of Funds to Request the United Nations to Assess the Validity of Elections in the United States’’. The 

Senate amendment did not address this matter. 

1030 

The conference agreement does not include section 580 of the 

House bill, ‘‘Limitation on Provision by the Export-Import Bank of 

Credit to Entities Reincorporating Overseas’’. The Senate amendment did not address this matter. 

The conference agreement does not include section 5083 of the 

Senate amendment regarding ‘‘Disaster Surge Capacity’’. This matter is addressed in section 588, ‘‘USAID Hiring Authority’’. The 

House bill did not address this matter. 

The conference agreement does not include Senate section 5084 

requiring a report by the Secretary of State setting forth procedures and guidelines for (1) implementing the President’s Proclamation dated January 12, 2004, which established a policy of denying entry into the United States to corrupt current and former public officials and certain members of their families; and (2) for making public the names of those individuals who have been denied 

entry as a result of such Proclamation. However, the managers request the Secretary of State to submit this report to the Committees on Appropriations not later than 60 days after enactment of 

this Act. 

The conference agreement does not include section 5085 of the 

Senate amendment regarding ‘‘Assistance for Victims of Torture’’. 

This matter was addressed in the House report. 

The conference agreement does not include section 5086 of the 

Senate amendment regarding ‘‘United States Agency for International Development Pilot Management Initiative’’. This matter is 

addressed in section 588 ‘‘USAID Hiring Authority’’. The House bill 

did not address this matter. 

The conference agreement does not include section 5088 of the 

Senate amendment regarding ‘‘Certain Claims for Expropriation by 

the Government of Nicaragua’’ but the contents of the section are 

included in section 584 ‘‘Central America’’. The House bill did not 

address this matter. 

The conference agreement does not include section 5093 of the 

Senate amendment regarding ‘‘Assistance to Millennium Challenge 

Candidate Countries’’. This matter is addressed under the heading 

‘‘Millennium Challenge Corporation’’ where the House bill addresses this matter. 

The conference agreement does not include section 5094 of the 

Senate amendment regarding the ‘‘Chernobyl Nuclear Power 

Plant’’. The House did not address this matter. The managers expect the Government of the Russian Federation to pledge and contribute funds for the construction of a new shelter over the 

Chernobyl nuclear power plant, and will continue to closely follow 

developments in this matter. 

The conference agreement does not include section 5097 of the 

Senate amendment regarding ‘‘North Korea and Burma’’. The provisions regarding Burma are addressed in section 531, ‘‘Burma’’, of 

the conference agreement. The House bill did not address this matter. 

The conference agreement does not include section 5098 of the 

Senate amendment regarding ‘‘Thailand’’. The House bill did not 

address this matter. The managers urge the Government of Thailand to promote reconciliation and peace in Burma and to respect 

the human rights and dignity of Burmese refugees and displaced 

1031 

persons residing in Thailand. The managers also request the Government of Thailand to address the situation in southern Thailand 

in a manner consistent with Thai laws and international obligations, including those ensuring the protection of human rights. The 

conference agreement provides $1,000,000 in ESF for programs to 

promote democracy and press freedoms. The managers request the 

State Department to consult with the Committees on the use of 

these funds. 

The conference agreement does not include section 5102 of the 

Senate amendment regarding ‘‘Assistance for Foreign Nongovernmental Organizations’’. The House bill did not address this matter. 

The conference agreement does not include section 5104 of the 

Senate amendment regarding ‘‘Additional Funds for the Global 

Fund to Fight AIDS, Tuberculosis and Malaria’’. The conference 

agreement appropriates funding for a contribution to the Global 

Fund under the heading ‘‘Child Survival and Health Programs 

Fund’’, as in the House bill. 

The conference agreement does not include section 5105 of the 

Senate amendment regarding ‘‘Support for African Union Mission 

in Darfur, Sudan’’. The conference agreement addresses this issue 

in section 569, ‘‘Sudan’’. The House bill did not address this issue. 

The conference agreement does not include section 5106 of the 

Senate amendment regarding ‘‘Improving Security in Haiti’’. The 

conference agreement addresses Haiti in section 549, as in the 

House bill. 

The conference agreement does not include section 5107 of the 

Senate amendment regarding ‘‘Report on Global Poverty and National Security’’. The House did not address this matter. The managers direct the Secretary of State, in consultation with other relevant agencies, to fulfill the reporting requirements of this provision not later than 180 days after enactment of this Act. 

The conference agreement does not include section 5108 of the 

Senate amendment regarding ‘‘Report on Education Reform in 

Pakistan’’. The House did not address this matter. The managers 

direct the Secretary of State to fulfill the reporting requirements 

of this provision not later than 90 days after enactment of this Act. 

The conference agreement does not include section 5109 of the 

Senate amendment regarding ‘‘United Nations Resolutions on 

Israel’’. The conference agreement includes language under section 

534 requiring the Secretary of State to report how governments 

vote at the United Nations on resolutions related to Israel that are 

opposed by the United States. The House bill did not address this 

matter. 

The conference agreement does not include section 5110 of the 

Senate amendment regarding ‘‘Sense of the Senate on Violations of 

Religious Freedom in Saudi Arabia’’. The House bill did not address this matter. 

The conference agreement does not include section 5111 of the 

Senate amendment regarding ‘‘Support for the Political Independence of Lebanon’’. The House bill did not address this matter. 

CONFERENCE TOTAL—WITH COMPARISONS

The total new budget (obligational) authority for the fiscal year 

2005 recommended by the Committee of Conference, with compariVerDate Aug 04 2004 07:33 Dec 01, 2004 Jkt 096906 PO 00000 Frm 01035 Fmt 6601 Sfmt 6601 E:\HR\OC\HR792.XXX HR792
1032 

sons to the fiscal year 2004 amount, the 2005 budget estimates, 

and the House and Senate bills for 2005 follow: 

[In thousands of dollars] 

New budget (obligational) authority, fiscal year 2004 ........................ $38,717,018 

Budget estimates of new (obligational) authority, fiscal year 2005 21,360,830 

House bill, fiscal year 2005 ................................................................... 19,428,145 

Senate bill, fiscal year 2005 .................................................................. 19,653,500 

Conference agreement, fiscal year 2005 .............................................. 19,839,960 

Conference agreement compared with: 

New budget (obligational) authority, fiscal year 2004 ................ ¥18,877,058 

Budget estimates of new (obligational) authority, fiscal year 

2005 .............................................................................................. ¥1,520,870 

House bill, fiscal year 2005 ............................................................ +411,815 

Senate bill, fiscal year 2005 ........................................................... +186,460 

DIVISION E—DEPARTMENT OF THE INTERIOR AND 

RELATED AGENCIES APPROPRIATIONS ACT, 2005 

The conference agreement on the Department of the Interior 

and Related Agencies Appropriations Act incorporates some of the 

provisions of both the House passed and the Senate reported 

versions of the bill. Report language and allocations set forth in either House Report 108–542 or Senate Report 108–341 that are not 

changed by the conference are approved by the committee of conference. The statement of the managers, while repeating some report language for emphasis, does not negate the language referenced above unless expressly provided herein. 

TITLE I—DEPARTMENT OF THE INTERIOR 

BUREAU OF LAND MANAGEMENT

MANAGEMENT OF LANDS AND RESOURCES

The conference agreement provides $848,939,000 for management of lands and resources instead of $840,401,000 as proposed by 

the House and $855,689,000 as proposed by the Senate. 

Land Resources.—Changes to the House level for land resources include increases of $500,000 for the National Center for 

Invasive and Plant Management and $500,000 for Idaho weed control, and a reduction of $3,947,000 to reflect a transfer to the wild 

horse and burro program. 

Wildlife and Fisheries.—The change to the House level for 

wildlife and fisheries is a reduction of $603,000 to reflect a transfer 

to the wild horse and burro program. The managers agree to the 

House-proposed funding level for the National Fish and Wildlife 

Foundation and direct the Foundation to use the funding increase 

above fiscal year 2004 for projects that support sagebrush ecosystem conservation on public and private lands. 

Threatened and Endangered Species.—The change to the 

House level for threatened and endangered species is a reduction 

of $576,000 to reflect a transfer to the wild horse and burro program. 

Recreation Management.—Changes to the House level for 

recreation management include an increase of $1,000,000 for the 

Undaunted Stewardship Program and decreases of $1,000,000 for 

nationwide recreation management, and $1,039,000 to reflect a 

1033 

transfer to the wild horse and burro program. The managers urge 

the Bureau to comply with the provisions of the Steens Act and 

allow landowner, lessee and inholder access to their property within the boundary of the Steens Mountain Cooperative Management 

and Protection Area. Unless funding is provided for land acquisitions or exchanges, landowners should be afforded full access to 

their property. 

Energy and Minerals.—Changes to the House level for energy 

and minerals include an increase of $1,000,000 for oil and gas management and $250,000 for coal management. 

Alaska Minerals.—The change to the House level for Alaska 

minerals is an increase of $1,768,000. 

Realty Ownership and Management.—Changes to the House 

level for realty and ownership management include increases of 

$9,500,000 for Alaska conveyance, $300,000 for GIS mapping in 

Utah, $750,000 for the Alaska public lands database, and 

$1,000,000 for recordable disclaimer applications in Alaska, and a 

decrease of $144,000 to reflect a transfer to the wild horse and 

burro program. 

Resource Protection and Maintenance.—Changes to the House 

level for resource protection and maintenance include an increase 

of $1,500,000 for monitoring, and decreases of $600,000 for nationwide law enforcement and $1,309,000 to reflect a transfer to the 

wild horse and burro program. 

Transportation and Facilities Maintenance.—Changes to the 

House level for transportation and facilities maintenance are an increase of $1,500,000 for capping oil wells in the National Petroleum 

Reserve Alaska, and a decrease of $2,145,000 to reflect a transfer 

to the wild horse and burro program. The managers agree to the 

House level on deferred maintenance, which shifts the funding for 

the infrastructure improvement program into the deferred maintenance program. These two funding sources address identical project 

types and this shift will consolidate and streamline maintenance 

budget activities in the Bureau. 

Land and Resource Information Systems.—The change to the 

House level for land and resource information systems is a decrease of $493,000 to reflect a transfer to the wild horse and burro 

program. 

Workforce and Organizational Support.—Changes to the House 

level for workforce and organizational support include increases of 

$583,000 for e-government initiatives, $208,000 for Quickhire, and 

$570,000 for competitive sourcing, and decreases of $291,000 for 

Safecom and $244,000 to reflect the transfer to the wild horse and 

burro program. 

Challenge Cost Share.—The managers agree to the House level 

for the challenge cost share program. 

Bill Language.—The conference agreement does not include 

language carried in previous years concerning the management of 

wild horses and burros. 

WILDLAND FIRE MANAGEMENT

The conference agreement provides $743,099,000 for wildland 

fire management as proposed by both the House and the Senate. 

1034 

Hazardous Fuels.—The change to the House level for haz- ardous fuels is a decrease of $5,000,000. 

State and Local Fire Assistance.—The change to the House level for State and local fire assistance is an increase of $5,000,000. 

The managers note that the conference agreement provides an additional $100,000,000 in Title IV of this bill for urgent wildfire 

suppression activities. 

The managers remain concerned about the need to control suppression costs. The managers are concerned that effective performance measures are not in place on an inter-agency basis to report 

on suppression costs. It is imperative that the Secretaries establish 

appropriate performance metrics promptly. This includes the integration of reporting systems, implementation of polices through the 

Wildland Fire Leadership Council for cost reporting, and responding to findings of the independent cost control review panel established under Public Law 108–287. The managers direct the Secretaries to submit a report no later than June 30, 2005, on performance measures planned for implementation in fiscal year 2006 to 

be used on an inter-agency basis. 

The managers direct the Bureau to continue the native plant 

materials development effort at the fiscal year 2004 level. 

CENTRAL HAZARDOUS MATERIALS FUND

The conference agreement provides $9,855,000 for the central 

hazardous materials fund as proposed by the House and the Senate. The managers do not agree with the budget proposal to transfer unobligated funds to the EPA. The managers reiterate that the 

Bureau?s liability does not extend beyond past payments. 

CONSTRUCTION

The conference agreement provides $11,500,000 for construction instead of $15,000,000 as proposed by the House and 

$8,976,000 as proposed by the Senate. 

Changes to the House level for construction include increases 

of $1,500,000 for construction of the California Trail Interpretive 

Center in Nevada, which completes the Department of the Interior?s contribution to this project, $750,000 for the Sand Hollow 

Recreation MOU with the State of Utah, and $750,000 for the 

White Sandy Beach on Houser Lake in Montana, and a decrease 

of $6,500,000 for general construction projects. 

The managers are concerned about the relatively low level of 

construction funding provided to the Bureau compared to other 

land management agencies and urge the Administration to place 

more emphasis on providing adequate funding for large deferred 

maintenance construction projects on public lands. 

LAND ACQUISITION

The conference agreement provides $11,350,000 for land acquisition instead of $4,500,000 as proposed by the House and 

$22,850,000 as proposed by the Senate. 

The managers agree to the following distribution of funds: 

Area (State) Amount 

Blackfoot River Watershed (MT) .......................................................... $5,000,000 

Boise Front ACEC (ID) .......................................................................... 1,000,000 

1035 

Area (State) Amount 

California Wilderness (CA) ................................................................... 750,000 

Chain-of-Lakes RMA/Lewis and Clark NHT (MT) ............................. 3,500,000 

Colorado Canyons NCA (CO) ................................................................ 1,500,000 

Grande Ronde National Wild and Scenic River (OR/WA) .................. 500,000 

Snake River Breaks ERMA (Swede’s Landing) (OR) .......................... 150,000 

Henrys Lake ACEC (ID) ....................................................................... 750,000 

Rio Grande Natl. Wild & Scenic River (NM) ....................................... 2,700,000 

Sandy River/Oregon NHT (OR) ............................................................ 1,000,000 

Use of unobligated balances .................................................................. ¥10,000,000 

Subtotal ........................................................................................ 6,850,000 

Acquisition Management ....................................................................... 3,000,000 

Emergency/Inholdings ........................................................................... 1,500,000 

Land Exchange Equalization Payment ................................................ 0 

Total ............................................................................................. 11,350,000 

The managers expect the Bureau to ensure that acquisitions 

associated with the Blackfoot Challenge are consistent with Federal appraisal standards. The Bureau should not pay more than 

the fair market value determined by those appraisals. 

OREGON AND CALIFORNIA GRANT LANDS

The conference agreement provides $109,057,000 for Oregon 

and California grant lands instead of $111,557,000 as proposed by 

the House and $113,558,000 as proposed by the Senate. The change 

to the House level is a decrease of $2,500,000 for judgment fund 

repayment. 

RANGE IMPROVEMENTS

The conference agreement provides an indefinite appropriation 

for range improvements of not less than $10,000,000 as proposed 

by both the House and the Senate. 

SERVICE CHARGES, DEPOSITS, AND FORFEITURES

The conference agreement provides an indefinite appropriation 

for service charges, deposits, and forfeitures, which is estimated to 

be $24,490,000 by both the House and the Senate. 

MISCELLANEOUS TRUST FUNDS

The conference agreement provides an indefinite appropriation 

of $12,405,000 for miscellaneous trust funds as proposed by both 

the House and the Senate. 

UNITED STATES FISH AND WILDLIFE SERVICE

RESOURCE MANAGEMENT

The conference agreement provides $977,205,000 for resource 

management instead of $970,494,000 as proposed by the House and 

$966,265,000 as proposed by the Senate. The changes described 

below are to the House recommended funding level. 

Ecological Services.—Changes to ecological services programs, 

including Endangered Species Act programs and habitat conservation programs, are detailed below. 

In Endangered Species Act candidate conservation, there are 

increases of $150,000 for Kootenai River burbot and $10,000 for 

1036 

slickspot peppergrass, and a decrease of $750,000 for Alaska sea 

otter, which is addressed under the recovery program. 

In the Endangered Species Act listing program, there is a decrease of $726,000; however, the number that appears in bill language is higher to reflect the recent changes to the Service?s cost 

allocation methodology as explained below. 

In Endangered Species Act consultation, there is a decrease of 

$750,000 for the natural communities conservation planning program in California. 

In Endangered Species Act recovery, there are increases of 

$2,000,000 for Atlantic salmon grants administered by the National 

Fish and Wildlife Foundation, $500,000 for Lahonton cutthroat 

trout, $350,000 for White Sulphur Springs NFH, WV, freshwater 

mussel recovery, $1,800,000 for eider and sea otter recovery at the 

Alaska SeaLife Center, and $250,000 for concho water snake 

delisting efforts in Texas. Decreases include $500,000 in base program funding and $300,000 in wolf monitoring. The Service should 

use the distribution of wolf monitoring funds proposed by the Senate. 

In habitat conservation, changes to the House passed level for 

partners for fish and wildlife projects are as follows: 

[Dollars in thousands] 

Project Change 

Invasive species/competitive projects (non-specific) ............................ ¥500 

Federal trust species restoration program .......................................... ¥4,000 

Walla Walla Basin HCP, WA ............................................................... ¥750 

Walla Walla Basin fish passage, WA ................................................... ¥250 

Restoration in Tunkhannock, Bentley & Bowman’s Creek watersheds, PA ............................................................................................ ¥50 

West branch of the Susquehanna River fish passage, PA .................. ¥500 

Georgia stream bank restoration .......................................................... ¥500 

Wildlife enterprises program at MS State University ........................ +1,000 

Thunder Basin initiative, WY ............................................................... +250 

NH Audubon Society study w/FWS on declining wildlife populations on Lake Umbagog NWR ........................................................ +425 

NH Lakes Association/analysis of degradation of surface waters ..... +55 

Invasive species control in Hawaii ....................................................... +700 

Endangered species management & conservation in Hawaii ............ +750 

Vermont Natural Heritage Partners bald eagle restoration .............. +100 

Nevada biodiversity research and conservation .................................. +1,250 

Montana Water Center wild fish habitat initiative ............................ +500 

Lake Sakakawea invasive species control, ND ................................... +100 

GIS mapping of AK NWRs .................................................................... +1,000 

Conservation/restoration work at Don Edwards NWR, CA ............... +540 

In project planning, increases include $550,000 for the Middle 

Rio Grande (Bosque) research program and $400,000 for Montana 

wildlife conservation plan development. There is also a decrease of 

$300,000 for the metropolitan greenspaces program. 

In coastal programs, there is a general program decrease of 

$1,500,000, which still provides an increase above the fiscal year 

2004 level. 

Refuge Operations and Maintenance.—In refuge operations, there is an increase of $2,500,000 to provide for the Service?s share 

of the costs associated with the Midway Atoll NWR common infrastructure and airport (the balance of infrastructure and airport operating funds should be borne by the Federal Aviation Administration and other benefiting parties), and decreases of $1,000,000 for 

1037 

competitive projects on invasive species control (non-specific) and 

$1,000,000 for invasive species control at Loxahatchee NWR, FL. In 

refuge maintenance, there is an increase of $500,000. 

Law Enforcement Operations.—In law enforcement operations, increases include $450,000 for the Memphis, TN port of entry and 

$315,000 for space costs at the Atlanta, Louisville and Memphis 

ports of entry. There are also decreases of $450,000, which negates 

the general increase proposed by the House, and $450,000 for vehicle replacement. 

Fisheries.—In fish and wildlife management, increases include $800,000 for whirling disease research by the National Partnership 

on the Management of Wild and Native Coldwater Fisheries, for a 

total of $1,000,000 for the partnership, $350,000 for the Whirling 

Disease Foundation, $400,000 for the Wildlife Health Center in 

Montana, and $400,000 for Yukon River Treaty implementation. 

These increases are partially offset by a decrease of $1,000,000 for 

non-partner specific whirling disease research. In marine mammals, there is an increase of $1,300,000 and the Service should use 

the distribution of marine mammal funding proposed by the Senate. Finally, there is an increase of $885,000 to address partially 

operational shortfalls in the fisheries program. These funds should 

be reprogrammed to the appropriate line items in the budget and 

should remain in the base budget for fiscal year 2006 and beyond. 

General Administration.—In general administration, there is a decrease of $130,000 for the National Fish and Wildlife Foundation; increases of $750,000 for training activities at the National 

Conservation Training Center and $387,000 for NCTC maintenance; and an increase of $400,000 for the Caddo Lake Ramsar 

Center in Texas. 

Bill Language.—The conference agreement includes statutory language earmarking $1,000,000 for Natural Community Conservation Planning in California. Language also is included earmarking 

$16,175,000 for the endangered species listing program instead of 

$16,226,000 as proposed by the House and $15,500,000 as proposed 

by the Senate. This earmark reflects the Senate proposed level adjusted upward for $675,000 in space rental costs associated with 

the recent changes to the Service’s cost allocation methodology. 

The managers agree to the following: 

1. The Service should realign its fiscal year 2005 budget to 

agree with the recent changes to the Service’s cost allocation methodology. 

2. Fiscal year 2005 represents the final year of a statutory earmark for Natural Communities Conservation Planning in California. This program is eligible to compete with other programs for 

funding in future years and for additional funding in fiscal year 

2005. 

3. The Service should move as quickly as possible to delist the 

concho water snake. The managers addressed this issue 5 years 

ago and are dismayed that the Service has yet to resolve it. 

4. Additional funds required for invasive species control programs at Loxahatchee NWR, FL, should be addressed in the fiscal 

year 2006 budget request. 

5. The Peregrine Fund activities should be funded at $400,000 

in fiscal year 2005. 

1038 

6. The Department should carefully review the budget requirements for the fisheries program in its fiscal year 2006 request. The 

managers are concerned that the fiscal year 2005 request did not 

accurately reflect program shortfalls and consequences associated 

with fixed cost absorption and proposed program reductions. 7. The Service should reprogram $4,000,000 in the fisheries 

program from the deferred maintenance account to the annual 

maintenance account. This reprogramming is necessary to address 

operational shortfalls. 

8. The managers have provided funds in the law enforcement 

program to provide full staffing at the ports of entry at the Atlanta, 

Louisville, and Memphis airports. The managers note that, because 

of the large volume of cargo flowing through these airports, particularly at Louisville and Memphis, these ports of entry are 

staffed at significantly higher levels than most other ports around 

the country. The managers have also provided $315,000 specifically 

for unanticipated space rental costs at these three ports of entry. 

The funds for additional space needs should be allocated to these 

three ports of entry, and the House and Senate Committees on Appropriations should be notified as to the distribution of funds. The 

additional space funds, along with the annual operating funds, 

should be retained in the base budget for these three ports of entry 

for fiscal year 2006 and beyond. 

9. The funds provided for the Caddo Lake Ramsar Center in 

Texas are for conservation and education programs directly related 

to Caddo Lake and may not be used for infrastructure, construction-related projects, legal or management fees, or any other purposes. 

10. Funding for E-Training and E-Rulemaking activities are retained. Funds budgeted for Safecom and Disaster Management 

should be reprogrammed to cover equitably fixed cost increases not 

funded in the budget request. 

11. The managers are concerned by the recent discoveries of 

the northern snakehead in the Potomac River and its potential impact on native fish populations through predation, food and habitat 

competition, and the introduction of diseases and parasites. The 

Service should submit a report to the House and Senate Committees on Appropriations, no later than 180 days after enactment of 

this Act, on the steps it is taking to identify, contain, and eradicate 

this species. 

CONSTRUCTION

The conference agreement provides $53,400,000 for construction instead of $48,400,000 as proposed by the House and 

$37,136,000 as proposed by the Senate. 

The managers agree to the following distribution of funds: 

[Dollars in thousands] 

Project Description Amount 

Alaska SeaLife Center, AK ............................................... Seabird Research Facility ............................................... $500 

Arapaho NWR, CO ............................................................ Muskrat Dam [p/d/cc] ..................................................... 800 

Bayou Sauvage NWR, LA ................................................. Visitor Center [p/d] ......................................................... 300 

Chase Lake and Arrowwood NWRs, ND ........................... Joint Interpretive Center [p/d] ........................................ 300 

Clark R Bavin Forensics Laboratory, OR ......................... Renovation/upgrade facility [c] ...................................... 2,682 

Clark’s River NWR, KY ..................................................... Maintenance Facility [cc] ................................................ 750 

1039 

[Dollars in thousands] 

Project Description Amount 

Craig Brook NFH, ME ....................................................... Wastewater Treatment Compliance-Phase II [d/ic] ........ 1,950 

Eastern MA NWR Complex, MA (Great Meadows) ........... Visitor Center and Administration Building [p/d/cc] ..... 3,177 

Fish Springs NWR, UT ..................................................... Seismic Safety Rehabilitation of Six Buildings-Phase I

[p/d].

115 

Garrison NFH, ND ............................................................. Hatchery Renovation [cc three ponds] ........................... 300 

Green Lake NFH, ME ........................................................ Wastewater Treatment Compliance-Phase I [p/d] .......... 658 

Hanford Reach NM, WA ................................................... Visitor Center .................................................................. 750 

Kenai NWR, AK ................................................................. Visitor Center [water and sewer lines] ........................... 2,100 

King Salmon FWS Administrative Site, AK ...................... Seismic Safety Rehab. of Office/Storage BuildingPhase I [p/d].65 

Klamath Basin NWR Complex, CA ................................... Water Supply and Management-Phase V [c] ................. 1,000 

Lacreek NWR, SD ............................................................. Little White River Dam-Phase III [cc] ............................. 4,200 

Midway Atoll NWR ............................................................ Electrical system replacement [cc] ................................ 2,700 

Midway Atoll NWR ............................................................ Replace wastewater treatment system w/septic fields

[cc].

500 

National Conservation Training Center ........................... Waterline construction [cc] ............................................. 600 

Northeast Fishery Center, PA ........................................... Raceway rehabilitation and tank installation ................ 795 

Northwest Power Planning Area ...................................... Fish screens etc. ............................................................. 2,000 

Office of Aircraft Services (MBS Programs) .................... Replacement of Survey Aircraft-Phase II ........................ 1,000 

Ohio River Islands NWR, WV ........................................... Headquarters/Visitor Contact Station Improvements 

[cc].

835 

Okefenokee NWR, GA ....................................................... Environmental Education Facility [p/d/cc] ..................... 600 

Servicewide ...................................................................... Bridge Safety Inspections ............................................... 575 

Servicewide ...................................................................... Dam Safety Programs & Inspections .............................. 730 

Servicewide ...................................................................... Visitor Contact Facilities ................................................. 4,000 

Sevilleta NWR, NM ........................................................... Laboratory Construction .................................................. 3,000 

Silvio O Conte NWR, VT ................................................... Nulhegan Div. visitor contact station [cc] ..................... 2,000 

Togiak NWR, AK ............................................................... Visitor Center [p/d] ......................................................... 300 

Togue Replacement ......................................................... Replace fish stocking vessel [cc] ................................... 750 

Tualatin NWR, OR ............................................................ Visitor Center and Administration Building [p/d] .......... 700 

White Sulphur Springs NFH, WV ...................................... Wild Fish Propagation Center [p/d/cc] ........................... 650 

World Birding Center, TX ................................................. Administrative Building/Visitor Center ........................... 1,000 

Subtotal, Line Item Construction ....................... .......................................................................................... 42,382 

Nationwide Engineering Services: 

Cost Allocation Methodology ................................... .......................................................................................... 3,151 

Environmental Compliance ..................................... .......................................................................................... 1,400 

Other, non-project specific services ....................... .......................................................................................... 6,117 

Seismic Safety Program ......................................... .......................................................................................... 200 

Waste Prevention, Recycling, Env. Mgmt ............... .......................................................................................... 150 

Subtotal, Nationwide Engineering Services ....... .......................................................................................... 11,018 

Total ................................................................... .......................................................................................... 53,400 

Bill Language.—The conference agreement includes statutory 

language allowing for a single contract for the full scope of the 

Clark R. Bavin Forensics Laboratory, OR renovation. 

The managers agree to the following: 

1. The Service should develop standardized designs for maintenance facilities so that requirements like that at ACE Basin NWR, 

SC and other NWRs can be categorized, priorities can be established, and the most critical needs can be funded. 

2. The administrative building/visitor center proposal for Bombay Hook NWR, DE should be incorporated into the Service?s priority system and, as appropriate, should be considered within the 

visitor contact facilities fund. 

3. Funding for the Hanford Reach NM, WA, visitor center is 

provided with the understanding that the Service’s total contribution to this effort will not exceed $3,000,000. 

1040 

4. The managers are concerned with the lack of progress in locating a site and commencing construction of the administrative/ 

visitor center for the Kodiak NWR, AK. The Service should expedite this process in fiscal year 2005 and provide a definitive cost 

estimate to complete this project. 

5. Funding for large game guzzlers at Nevada refuges should 

be addressed using refuge operations and maintenance funding. 

6. Funds for raceway rehabilitation and tank installation at 

the Northeast Fishery Center, PA, should be supplemented with 

cost sharing from other benefiting parties. 

7. Funding for field and laboratory testing of fishway designs 

is not included. The Service should work with the U.S. Geological 

Survey to determine the appropriate bureau and the appropriate 

means to fund this effort. 

8. Funding for the Sevilletta NWR, NM laboratory, construc- tion should not exceed $6,600,000. With the funds provided for fiscal year 2005, the Service will have received $4,500,000. 

9. Funds provided for the World Birding Center, TX, represent 

the second of three payments for this program. The managers understand that the remaining amount for this project will not exceed 

$1,100,000. 

10. Funds are provided for planning and design of a visitor 

center at Togiak NWR in Dillingham, AK. The managers expect 

that this facility will be located adjacent to the airport to maximize 

contact with the public. This center should be a similar size as the 

visitor center operated by the Service in King Salmon, Alaska. 

LAND ACQUISITION

The conference agreement provides $37,526,000 for land acquisition instead of $12,500,000 as proposed by the House and 

$49,864,000 as proposed by the Senate. 

The managers agree to the following distribution of funds: 

Area (State) Amount 

Archie Carr NWR (FL) .......................................................................... $711,000 

Baca NWR (CO) ..................................................................................... 3,400,000 

Back Bay NWR VA) ............................................................................... 700,000 

Balcones Canyonlands NWR (TX) ........................................................ 900,000 

Black Bayou Lake NWR (LA) ............................................................... 625,000 

Cache River NWR (AR) ......................................................................... 700,000 

Cahaba NWR (AL) ................................................................................. 550,000 

Cape Romain NWR (SC) ....................................................................... 850,000 

Chickasaw NWR (TN) ........................................................................... 750,000 

Dakota Tallgrass Prairie WMA (SD/ND) ............................................. 650,000 

Eastern Shore NWR (VA) ..................................................................... 500,000 

Great Swamp NWR (NJ) ....................................................................... 500,000 

Great White Heron NWR (FL) ............................................................. 750,000 

James Campbell NWR (HI) .................................................................. 2,000,000 

Lake Umbagog NWR (NH) ................................................................... 1,500,000 

Lower Hatchie NWR (TN) ..................................................................... 750,000 

Lower Rio Grande Valley NWR (TX) ................................................... 1,000,000 

Massasoit NWR (MA) ............................................................................ 575,000 

Middle MS River NWR (MO) (Wilkinson Island) ................................ 1,300,000 

Northern Tallgrass Prairie (MN/IA) .................................................... 500,000 

Palmyra Atoll NWR ............................................................................... 600,000 

Patoka River NWR (IN) ........................................................................ 250,000 

Rachel Carson NWR (ME) .................................................................... 500,000 

Rhode Island refuge complex (RI) ........................................................ 500,000 

San Diego NWR (CA) ............................................................................ 1,000,000 

Silvio O. Conte NWR, (NH, VT, CT) .................................................... 1,000,000 

1041 

Area (State) Amount 

Tensas NWR (LA) .................................................................................. 2,000,000 

Togiak NWR (AK) .................................................................................. 1,500,000 

Upper MS River NFWR (MN, WI, IA, IL) ........................................... 400,000 

Waccamaw NWR (SC) ........................................................................... 1,250,000 

Walkill NWR (NJ) .................................................................................. 700,000 

Yukon River Delta NWR (AK) .............................................................. 1,000,000 

Use of unobligated balances .................................................................. ¥7,000,000 

Subtotal ........................................................................................ 22,911,000 

Acquisition Management ....................................................................... 8,365,000 

Inholdings ............................................................................................... 1,500,000 

Exchanges ............................................................................................... 1,750,000 

Emergencies/Hardships ......................................................................... 1,000,000 

Cost Allocation Methodology ................................................................. 2,000,000 

Total ................................................................................................. 37,526,000 

Bill Language.—The conference agreement makes a technical 

modification to the language proposed in the Senate bill earmarking $750,000 for the Yukon Flats NWR (AK)/ Doyon land exchange. The conference agreement retains the language proposed 

in the Senate bill providing that none of the funds in this or any 

other Act may be used for acquisition of land to be part of Deep 

Fork NWR (OK). 

The managers agree to the following: 

1. Acquisitions proposed in the budget requests for the Alaska 

Peninsula NWR (AK), Canaan Valley NWR (WV), Cypress Creek 

NWR (IL), and Red River NWR (LA) shall be funded out of the 

inholdings account. 

2. Lands acquired for the James Campbell NWR (HI) must be 

within the authorized refuge boundary. 

LANDOWNER INCENTIVE PROGRAM

The conference agreement provides $22,000,000 for the landowner incentive program instead of $15,000,000 as proposed by the 

House and $29,000,000 as proposed by the Senate. 

PRIVATE STEWARDSHIP GRANTS

The conference agreement provides $7,000,000 for private 

stewardship grants instead of $5,000,000 as proposed by the House 

and $7,500,000 as proposed by the Senate. 

Bill Language.—The conference agreement includes bill language, as proposed by the House providing for the merger of funds 

previously appropriated under the ‘‘Stewardship Grants’’ heading. 

The Senate had no similar provision. 

COOPERATIVE ENDANGERED SPECIES FUND

The conference agreement provides $81,596,000 for the cooperative endangered species fund as proposed by the House instead of 

$82,600,000 as proposed by the Senate. 

Bill Language.—The conference agreement earmarks 

$32,212,000 to be derived from the Cooperative Endangered Species Fund instead of $49,384,000 as proposed by the House and 

$32,600,000 as proposed by the Senate. The amount derived from 

the Land and Water Conservation Fund is $49,384,000 as proposed 

by the House instead of $50,000,000 as proposed by the Senate. 

1042 

NATIONAL WILDLIFE REFUGE FUND

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

Senate. 

NORTH AMERICAN WETLANDS CONSERVATION FUND

The conference agreement provides $38,000,000 for the North 

American wetlands conservation fund as proposed by both the 

House and the Senate. 

NEOTROPICAL MIGRATORY BIRD CONSERVATION

The conference agreement provides $4,000,000 for neotropical 

migratory bird conservation as proposed by the Senate instead of 

$4,400,000 as proposed by the House. 

MULTINATIONAL SPECIES CONSERVATION FUND

The conference agreement provides $5,800,000 for multinational species conservation fund programs instead of $5,900,000 

as proposed by the House and $5,700,000 as proposed by the Senate. Changes to the House recommended level include decreases of 

$50,000 for African elephants, $50,000 for rhinoceros and tigers, 

$50,000 for Asian elephants, and $50,000 for great apes, and an increase of $100,000 to initiate the newly authorized marine turtles 

program. The managers expect the Service to keep the funding for 

marine turtles in the base budget and to increase funding, as appropriate, for this program in future budget requests. 

Bill Language.—The conference agreement includes the statutory citation for the Marine Turtle Conservation Act of 2004. 

STATE AND TRIBAL WILDLIFE GRANTS

The conference agreement provides $70,000,000 for State and 

tribal wildlife grants instead of $67,500,000 as proposed by the 

House and $75,000,000 as proposed by the Senate. The managers 

reiterate the importance of comprehensive wildlife conservation 

strategies toward the conservation of each State’s full array of wildlife and their habitats. The strategies, produced in each State and 

territory plan, are expected to be complete by October 1, 2005. Emphasis should be on those habitats and conservation actions that 

support the species of greatest conservation need. Program funds 

should be directed to those actions and habitats that will best implement the comprehensive wildlife conservation strategies and 

preclude the need to list many more species as threatened or endangered under the Endangered Species Act. 

Bill Language.—The conference agreement includes bill language, as proposed by the House, providing for the merger of funds 

previously appropriated under the ‘‘State Wildlife Grants’’ heading. 

The Senate had no similar provision. 

1043 

NATIONAL PARK SERVICE

OPERATION OF THE NATIONAL PARK SYSTEM

The conference agreement provides $1,707,282,000 for oper- ation of the national park system instead of $1,686,067,000 as proposed by the House and $1,688,915,000 as proposed by the Senate. The managers have provided an additional $52,654,000 for park base operations. Combined with the $22,012,000 in specific 

park operating increases in the budget request, the parks will have 

an additional $74,666,000 in park programmatic increases for fiscal 

year 2005. This is the largest park base programmatic increase 

ever for the National Park Service and in keeping with the large 

increases in operating funds provided by the Congress over the 

past 10 years. 

The Administration’s budget requests for parks in recent years 

have not sufficiently addressed growing shortfalls in core operating 

programs at the parks. Recent budgets have seen increasing emphasis placed on expanding law enforcement and security, facility 

maintenance, information technology, and natural resource data 

gathering. Core park operations have also been impacted by the absorption of pay costs within budget requests, Congressionally mandated pay increases in excess of budget requests, and storm damage. New security and anti-terrorism requirements and other new 

mandates and responsibilities have also been assigned by the Department and the Office of Management and Budget. The managers have been supportive of these requirements and have provided significant increases for security at icon and border parks 

while consistently including additional park maintenance funding 

to ensure the maintenance backlog reduction efforts continue on 

track. However important these new responsibilities, the budget of 

the National Park Service cannot continue to be limited to a few 

parks and purposes while core visitor service requirements are 

going unmet nationwide. All parks need to remain open and accessible to visitors and basic visitor services need to be available at 

all parks across the system. 

Of the additional amount provided for park base operations, 

$40,000,000 should be distributed to all park units as an acrossthe-board increase in all budget subactivities within park management to help offset the impact of recent absorptions. This will provide each unit with a minimum increase of approximately 5 percent 

above their fiscal year 2004 level. Also, $500,000 of the additional 

amount should be distributed to national trails on a priority basis. 

The remaining balance of $12,154,000 for additional park operations funding shall be used solely to restore basic visitor services 

and address resource preservation needs in accordance with National Park Service priorities. 

The conference agreement provides $342,967,000 for resource 

stewardship. Changes to the House level include a reduction of 

$1,000,000 for inventory and monitoring and an increase of 

$500,000 for Vanishing Treasures. 

The conference agreement provides $326,856,000 for visitor 

services, the same as the House level. 

The conference agreement provides $573,178,000 for maintenance, the same as the House level. 

1044 

The conference agreement provides $285,946,000 for park sup- port. Changes to the House level include an additional $871,000 for 

e-government initiatives, $250,000 for wild and scenic rivers, 

$500,000 for the traditional challenge cost share program and 

$94,000 for the Lewis and Clark program. The House position on 

the CCI challenge cost share program is adopted. 

Bill language.—The conference agreement retains the House 

language regarding one year funding for repair and rehabilitation 

funds. The conference agreement earmarks $2,000,000 for the YCC 

program. 

Report language.—Earmarks within the repair and rehabilita- tion program are as follows: $450,000 for 26 Williams Street at 

Dayton Aviation Heritage NHP; $306,000 for rehab of Porter Beach 

restrooms at Indiana Dunes NL; $500,000 for boat launch ramps 

at Lake Mead NRA; $300,000 for signage repairs at Fort Stanwix 

NM; $388,000 for dock, signage and lighting repairs at Amistad 

NRA; $300,000 to continue cultural landscaping improvements at 

Gettysburg NMP, $400,000 for Natchez Trace Parkway; $325,000 

for rehab of Fort Piute at Mojave National Preserve; $400,000 for 

rehab of structures at Stiltsville in Biscayne NP; and $200,000 for 

restoration at International Peace Garden, ND. 

The conference agreement continues to earmark one-third of 

the challenge cost share program for the National Trails System. 

The managers have retained the House language concerning National Park Service travel. Foreign travel must be pre-approved by 

the House and Senate Committees on Appropriations. 

The managers recognize the successful partnership between 

the National Park Service and Southeast Community College, KY, 

in providing important employee training. The managers encourage 

the Service to consider additional training opportunities with the 

college. 

UNITED STATES PARK POLICE

The conference agreement provides $81,204,000 for the United 

States Park Police as proposed by the House and the Senate. 

It has been three years since the National Academy of Public 

Administration’s comprehensive financial and management review 

of the U.S. Park Police. As of two months ago, NAPA reported that 

none of the major reforms had been implemented. The managers 

expect the Secretary and the Director of the National Park Service 

to implement fully the major reforms and be prepared to discuss 

those changes at the fiscal year 2006 hearings. 

NATIONAL RECREATION AND PRESERVATION

The conference agreement provides $61,832,000 for national 

recreation and preservation, instead of $53,877,000 as proposed by 

the House and $63,023,000 as proposed by the Senate. 

The conference agreement provides $551,000 for recreation 

programs, the same as the House and Senate. Also included is 

$11,018,000 for natural programs. Changes to the House level include an additional $300,000 for the rivers and trails program. The 

managers expect that the reforms made to the strategic plan will 

be closely followed. This is a technical assistance program. Direct 

grants are not authorized. 

1045 

The conference agreement provides $20,214,000 for cultural programs. Changes to the House level include increases of $100,000 

for the Louisiana Creole Heritage Center and $300,000 for a National Underground Railroad Network grant program, which is authorized. 

The conference agreement provides $1,616,000 for International park affairs, the same as the House and Senate. The conference agreement provides $397,000 for environmental 

and compliance review, the same as the House and Senate. The conference agreement provides $1,892,000 for grant administration, the same as the House level. 

The conference agreement provides the $500,000 requested in 

the budget for the partnership office. The managers intend to continue support for the work of NPS regional office partnership and 

volunteers-in-the-parks coordinators. Funds are to be provided 

equally to each of the seven regions to supplement existing regional 

office and park partnership activities, services, and events consistent with identified regional priorities and mission goals. The conference agreement provides $14,785,000 for nationally designated heritage areas. Included in this amount is $122,000 for 

administration and $500,000 for heritage areas authorized after enactment of this Act. Individual projects are as follows: 

Project Amount 

America’s Agricultural Heritage Partnership (Silos & Smokestacks) $750,000 

Augusta Canal NHA .............................................................................. 400,000 

Automobile NHA .................................................................................... 500,000 

Blue Ridge NHA .................................................................................... 900,000 

Cache La Poudre River Corridor .......................................................... 45,000 

Cane River NHA .................................................................................... 900,000 

Delaware and Lehigh NHC ................................................................... 800,000 

Erie Canalway National Corridor ........................................................ 700,000 

Essex NHA ............................................................................................. 900,000 

Hudson River Valley NHA .................................................................... 500,000 

John H. Chafee Blackstone River Valley NHC ................................... 845,000 

Lackawanna Valley NHA ...................................................................... 550,000 

National Coal Heritage Area ................................................................ 123,000 

Ohio and Erie Canal NHC .................................................................... 900,000 

Quinnebaug & Shetucket Rivers Valley NHC ..................................... 850,000 

Rivers of Steel NHA .............................................................................. 900,000 

Schuylkill River Valley National Heritage Area ................................. 500,000 

Shenandoah Valley Battlefields National Historic District ............... 500,000 

South Carolina NHC ............................................................................. 900,000 

Tennessee Civil War Heritage Area ..................................................... 400,000 

Wheeling NHA ....................................................................................... 900,000 

Yuma Crossing NHA ............................................................................. 400,000 

Subtotal ........................................................................................... 14,163,000 

Administration ....................................................................................... 122,000 

Newly authorized areas ......................................................................... 500,000 

Total ................................................................................................. 14,785,000 

The conference agreement provides $11,359,000 for statutory or contractual aid, instead of $3,794,000 as proposed by the House 

and $12,080,000 as proposed by the Senate. The funds are to be 

distributed as follows: 

Project Amount 

Alaska National Parks .......................................................................... $750,000 

Benjamin Franklin Tercentenary Commission ................................... 250,000 

Black Jack Battlefield Trust ................................................................. 89,000 

Brown Foundation ................................................................................. 250,000 

Chesapeake Bay Gateway ..................................................................... 2,500,000 

1046 

Project Amount 

Flight 93 Memorial ................................................................................ 250,000 

Ft. Mandan, Ft. Lincoln & No. Plains Foundation ............................. 625,000 

George Washington Memorial Bridge .................................................. 100,000 

Ice Age National Scientific Reserve ..................................................... 796,000 

Jamestown 2007 .................................................................................... 400,000 

Johnstown Area Heritage Association ................................................. 49,000 

Keweenaw NHP—Main Street ............................................................. 800,000 

Lamprey W&SR Cooperative Agreements ........................................... 900,000 

Lower Eastside Tenement Museum ..................................................... 250,000 

Mississippi Museum of Natural Science .............................................. 750,000 

Mt. Rainier NP—study .......................................................................... 700,000 

Natchez NHP—Slave Market ............................................................... 150,000 

Native Hawaiian Culture and Arts Program ...................................... 750,000 

Sewall-Belmont House .......................................................................... 400,000 

Sleeping Rainbow Ranch, Capital Reef NP ......................................... 600,000 

Total ................................................................................................. 11,359,000 

The conference agreement includes $400,000 for the SewallBelmont House. The managers are concerned that the Service has 

taken too long to determine an appropriate solution to making the 

facility handicapped accessible. The managers direct the Service to 

report to the Committees no later than April 1, 2005, on a final recommendation. 

Bill language.—The conference agreement provides $700,000 

for a feasibility study for the Train to the Mountain project. 

The conference agreement includes the Senate language on the 

use of funds for the Rivers and Trails program. 

The conference agreement has included bill language to change 

the matching requirements at Keweenaw NHP to 1/1 for one year 

only. 

Report language.—The conference agreement provides 

$100,000 within available funds to the National Center for Preservation Technology and Training for continued support of the successful competitive heritage education grants program to schools in 

Louisiana. No more than fifteen percent of this amount may be 

used to administer the program. 

HISTORIC PRESERVATION FUND

The conference agreement provides $72,750,000 for the historic 

preservation fund instead of $71,533,000 as proposed by the House 

and $71,250,000 as proposed by the Senate. Changes to the House 

level include an increase of $1,430,000 for grants-in-aid to States 

and Territories and an increase of $287,000 for grants-in-aid to Indian Tribes. The conference agreement provides $3,500,000 for Historically Black Colleges and Universities, instead of $4,000,000 as 

proposed by the House. 

Of the $30,000,000 provided for Save America’s Treasures, 

$15,000,000 is for competitive grants. The balance of the funds are 

to be distributed as follows: 

Project/State Amount 

Albany Theatre, GA ............................................................................... $150,000 

Alyeska Roundhouse, AK ...................................................................... 200,000 

Bellance Air Service hangar, DE .......................................................... 300,000 

Beringer-Crawford museum collections, KY ........................................ 100,000 

Boligee Street Historic perservation, AL ............................................. 400,000 

Bremerton Building 50 Naval Museum, WA ....................................... 300,000 

Bronx Community College Stanford White Complex, NY .................. 200,000 

Broome County YWCA, NY .................................................................. 100,000 

1047 

Project/State Amount 

Buckland Preservation, VA ................................................................... 50,000 

Church of the Presidents, NJ ............................................................... 100,000 

City of Springfield City Hall, MO ........................................................ 300,000 

Clarke County Courthouse, MS ............................................................ 200,000 

Clinton House, NY ................................................................................. 100,000 

Cold War sites, ND ................................................................................ 250,000 

Decatur House, DC ................................................................................ 100,000 

Dennison Railroad Depot Museum, OH ............................................... 200,000 

Drake Oilwell, PA .................................................................................. 150,000 

Duluth National Guard Armory, MN ................................................... 250,000 

El Gracia Train Depot, CA .................................................................... 200,000 

First Congregational Church, CT ......................................................... 300,000 

Ft. Seward Military Post, ND ............................................................... 100,000 

Goodwill Theater, NY ............................................................................ 50,000 

Grand Traverse Civil War Monument, MI .......................................... 30,000 

Grove Arcade, NC .................................................................................. 500,000 

Harmony Engine Company Firehouse, PA .......................................... 200,000 

Harper House, NC ................................................................................. 100,000 

Hazlett-Fields House, WV ..................................................................... 250,000 

Henry Phillips Farmhouse, NJ ............................................................. 150,000 

Holland Theatre, OH ............................................................................. 200,000 

Hoover House, OH ................................................................................. 100,000 

Hotchkiss Building, NY ......................................................................... 200,000 

Howe House, OH ................................................................................... 100,000 

Hoyt Sherman Place Theater, IA ......................................................... 300,000 

Hunley Submarine, SC .......................................................................... 100,000 

Hutmacher Complex, ND ...................................................................... 100,000 

James Beard Historic Market, OR ....................................................... 300,000 

Jefferson Community College, KY ........................................................ 100,000 

King Memorial Baptist Church, AL ..................................................... 100,000 

Lafayette County Courthouse, MS ....................................................... 200,000 

Lake Oswego Historic Iron Smelter, OR ............................................. 100,000 

Lear Theater, NV ................................................................................... 400,000 

Lee-Fendall House, Va .......................................................................... 75,000 

Linden Project, MD ............................................................................... 250,000 

MD House at the Baltimore Zoo, MD .................................................. 350,000 

Moore County Courthouse, TN ............................................................. 50,000 

Moravian College Bretheren House, PA .............................................. 150,000 

Morehouse College African American Archival Program, GA ........... 100,000 

New Salem Academy, MA ..................................................................... 175,000 

Nicholson House, NJ ............................................................................. 150,000 

Northern VA Freedom House ............................................................... 75,000 

Oats Park School/Arts Center, NV ....................................................... 200,000 

Ohio Wesleyan, OH ............................................................................... 50,000 

Old Henderson County Courthouse, NC .............................................. 110,000 

Old Mint, CA .......................................................................................... 300,000 

Old Warren County Courthouse, KY ................................................... 250,000 

Orpheum Theatre, IL ............................................................................ 250,000 

Oscar Howe Murals (Mobridge School District), SD ........................... 150,000 

Ossining Historic Architecture Protection, NY ................................... 150,000 

Pawtucket Public Library, RI ............................................................... 300,000 

Penland School, NC ............................................................................... 100,000 

Phoenix Bank, VA .................................................................................. 100,000 

Rayburn Library, TX ............................................................................. 200,000 

Rios Caledonia Adobe, CA ..................................................................... 200,000 

Rye Meeting House, NY ........................................................................ 50,000 

Sandusky Old Post Office, OH .............................................................. 200,000 

Sequoia Presidential Yacht, VA ............................................................ 50,000 

Socorro Mission, TX ............................................................................... 200,000 

Sommerville Courthouse, AL ................................................................ 95,000 

Sonnenberg Mansion, NY ..................................................................... 370,000 

Stabler-Leadbeater Apothecary Museum, VA ..................................... 50,000 

State Theatre, PA .................................................................................. 100,000 

Stewart County Courthouse, GA .......................................................... 125,000 

Town Hall Theater, VT ......................................................................... 150,000 

Troy High School, PA ............................................................................ 250,000 

Tryon Palace, NC ................................................................................... 150,000 

1048 

Project/State Amount 

Turnblad Mansion, MN ......................................................................... 200,000 

Union Pacific Dining Lodge, MT .......................................................... 400,000 

Universal Preservation Hall, NY .......................................................... 200,000 

Washington and Jefferson College Historic Buildings, PA ................ 300,000 

Westcott House, OH .............................................................................. 200,000 

Wilkesboro Courthouse, NC .................................................................. 200,000 

Winston Courthouse, AL ....................................................................... 95,000 

Yawkey House, WI ................................................................................ 250,000 

Total ................................................................................................. 150,000,000 

Bill language.—The conference agreement does not provide an earmark of $2,000,000 for a new Preserve America grants program 

as proposed by the Senate. 

The conference agreement does not prohibit the use of Save 

America’s Treasures funds for administrative purposes. 

The conference agreement includes bill language clarifying the 

ability of the National Endowment for the Arts to award Save 

America’s Treasures grants based upon the recommendations of the 

Save America’s Treasures grant selection panel. 

CONSTRUCTION

The conference agreement provides $307,362,000 for construction instead of $297,628,000 as proposed by the House and 

$330,019,000 as proposed by the Senate. The funds are to be distributed as follows: 

Project Amount 

Allegheny Portage RR NHS, PA (rehabilitate historic Trace Corridor Trail) .......................................................................................... $861,000 

Apostle Islands NL, WI (restore Raspberry Island Light Station) .... 1,136,000 

Big Bend NP, TX (replace Chisos Basin water supply) ...................... 2,000,000 

Big Cypress NPres, FL (rehabilitate off-road vehicle trails—completes) .................................................................................................. 569,000 

Blue Ridge Parkway, NC (Hemphill Knob visitor center) .................. 3,000,000 

Boston NHP, MA (rehabilitate Bldg. 125) ........................................... 1,187,000 

Boston NHP, MA (rehabilitate Commandant’s house) ....................... 774,000 

Cane River Creole NHP, LA (curatorial facility—planning) .............. 100,000 

Cane River Creole NHP, LA (stabilize/preserve Magnolia Plantation structures) ................................................................................... 1,068,000 

Chattahoochee River NRA, GA (reduce resource damage—provide 

river rec. acc) ...................................................................................... 2,125,000 

Crater Lake NP, OR (rehabilitate historical cafeteria bldg; relocate 

Rim parking area) .............................................................................. 8,741,000 

Cumberland Island NS, GA (stabilize Dungeness Ruins) .................. 1,285,000 

Cumberland Island NS, GA (Plumb Orchard planning) .................... 264,000 

Cuyahoga NP, OH (rehabilitate various historic structures) ............. 2,500,000 

Dayton Aviation NHP, OH (Huffman Prairie Hanger) ...................... 650,000 

Dayton Aviation NHP, OH (Wright-Dunbar Plaza, accessibility & 

plaza) ................................................................................................... 275,000 

Delaware Water Gap NRA, PA (cabin replacement) .......................... 700,000 

Denali NP, AK (replace Eielson Visitor Center) ................................. 7,420,000 

Everglades NP, FL (modify water delivery system) ........................... 8,077,000 

Fire Island NS, NY (rehabilitate Sailors Haven Marina & ferry 

dock) .................................................................................................... 2,374,000 

Flight 93 NMem, PA (build starter public facilities & services) ....... 806,000 

Fort Larned NHS, KS (fix structural problems at Old Commissary) 869,000 

Fort Washington Park, MD (stabilize fort) .......................................... 3,660,000 

Frederick Law Olmsted NHS, MA (upgrade life/safety systems; rehabilitate historical structure) .......................................................... 2,011,000 

George Washington Carver NM, MO (rehabilitate/complete visitor 

center—completes) ............................................................................. 3,187,000 

George Washington Mem. Pkwy, VA (general maintenance/rehabilitate along parkway) ........................................................................... 300,000 

1049 

Project Amount 

Gettysburg NMP, PA (new visitor center) ........................................... 5,000,000 

Gettysburg NMP, PA (Wills House—completes) ................................. 5,759,000 

Grant Teton NP, WY (visitor center—completes) ............................... 5,000,000 

Great Smoky Mtns NP, NC (replace Smokemont water/sewer w/ 

municipal sys) ..................................................................................... 2,171,000 

Great Smoky Mountains NP, TN (Institute at Tremont) ................... 500,000 

Hampton NHS, MD (install environmental controls in Hampton 

Mansion) ............................................................................................. 1,546,000 

Harpers Ferry NP, WV (rehabilitate Bldg 82, The Jackson House) 50,000 

Harpers Ferry NP, WV (restoration of Armory Yard—planning) ...... 450,000 

Homestead NHS, NE (cont. planning the visitor/heritage center) .... 1,112,000 

Hot Springs NP, AR (rehabilitate/stabilize bathhouses for adaptive 

reuse) ................................................................................................... 4,989,000 

John H. Chaffee Blackstone R. Valley NHC, RI ................................. 500,000 

Kalaupapa NHP, HI (preserve historic buildings; correct safety 

problems) ............................................................................................ 3,928,000 

Kenai Fjords NP, AK (multi-agency center) ........................................ 950,000 

Klondike Gold Rush NHP, AK (build historical resource support 

center/protect museum collection) .................................................... 739,000 

L.Q.C. Lamar House NHL, MS (restoration) ...................................... 500,000 

Lassen Volcanic NP, CA (replace condemned chalet w/improved visitor service facility.) ........................................................................... 10,051,000 

Lincoln Library, IL (cont. Library/Museum construction) .................. 5,000,000 

Little Rock Central High School NHS, AR (design visitor facility— 

planning) ............................................................................................. 733,000 

Manassas NBP, VA (rehabilitate historic Brawner Farm for visitor 

use) ...................................................................................................... 2,317,000 

Martin Luther King, Jr. NHS, GA (restore Ebenezer Baptist 

Church, Ph. II) ................................................................................... 2,459,000 

Moccasin Bend NAD (CHCH), TN (erosion & DCP—planning) ........ 400,000 

Monocacy NB, MD (relocate flood-prone visitor center to Best 

Farm) ................................................................................................... 3,539,000 

Morris Thompson Visitor & Cultural Center, AK (completes) ........... 6,000,000 

New Bedford Whaling NHP, MA (Corson building) ........................... 3,000,000 

New River Gorge NR, WV ..................................................................... 2,275,000 

Olympic NP, WA (remove salmon obstructions; build bridge/culvert) ..................................................................................................... 1,940,000 

Olympic NP, WA (restore Elwha River ecosystem & fisheries) ......... 13,450,000 

Organ Pipe Cactus NM, AZ (construct vehicle barrier—completes) 6,600,000 

Petersburg NB, VA (consolidate, rehabilitate/replace maintenance 

facilities) .............................................................................................. 812,000 

Point Reyes NS, CA (restore Lifeboat Station Marine Railway) ....... 1,885,000 

Pu’uhonua o Honaunau NHP, HI (remove/replace admin. buildings 

from arch. site) ................................................................................... 1,112,000 

Rock Creek Park, DC (preserve/protect Meridian Hill Park) ............ 3,007,000 

San Francisco Maritime NHP, CA (C.A. Thayer) ............................... 2,123,000 

Saratoga NHP, NY (planning for visitor access to Victory Woods) 295,000 

Shenandoah NP, VA (Old Rag parking lot & connecting trail) ......... 600,000 

Southwest Pennsylvania Heritage Comm., PA (rehabilitate/preservation grants) ..................................................................................... 2,500,000 

Timucuan Ecological & HPres, FL (Kingsley Plantation Hs/Kitchen 

Hs work) .............................................................................................. 388,000 

Tuskegee Airmen NHS, AL (continue federal project planning—site 

develop/utilities) ................................................................................. 1,000,000 

Utah Public Lands Artifact Preservation Act, UT .............................. 5,000,000 

Vicksburg NMP, MS (Pemberton House) ............................................ 750,000 

Washington Office, DC (emergency storm damage reconstruction— 

various) ............................................................................................... 14,000,000 

Weir Farm NHS, CT (replace maintenance, curatorial & admin. facilities) ................................................................................................. 3,536,000 

Western Arctic NParklands, AK (build NW AK Heritage Ctr & 

Admin HQ) .......................................................................................... 2,500,000 

White House, DC (structural & utility rehabilitate—Exec. Residence & Pres. Park) ........................................................................... 9,938,000 

Wrangell-St. Elias NP&Pres, AK (build museum—preserve/interpretive AHTNA cult.) ......................................................................... 1,135,000 

1050 

Project Amount 

Yellowstone NP, WY (restoration of Old House, Old Faithful Inn, 

Ph II) ................................................................................................... 9,801,000 

Yellowstone NP, WY (reconstruct West Entrance Station) ................ 1,487,000 

Yellowstone NP, WY (replace admin winter snowcoaches/improve 

infrastructure) .................................................................................... 1,000,000 

Yellowstone NP, WY (replace existing court facilities w/ new courthouse) .................................................................................................. 2,655,000 

Use of unobligated balances .................................................................. ¥20,000,000 

Subtotal, Line Item ...................................................................... 192,421,000 

Emergency/Unscheduled Projects ......................................................... 4,000,000 

Housing replacement ............................................................................. 8,000,000 

Dam safety ............................................................................................. 2,700,000 

Equipment replacement ........................................................................ 38,344,000 

Construction planning ........................................................................... 21,220,000 

Construction program management ..................................................... 27,364,000 

General management planning ............................................................ 13,313,000 

Total Construction ........................................................................ 307,362,000 

Bill language.—House language on partnership projects has 

been slightly modified to remove the requirement for ‘‘written’’ approval from the Committees. Approval of the House and Senate 

Committees on Appropriations still applies. 

The conference agreement includes the following: (1) House 

provision regarding Flight 93 NMem; (2) Senate provision regarding how funds are provided for the Modified Water Deliveries 

project; (3) Senate provision earmarking funds for the L.Q.C. 

Lamar House NHL from the Historic Preservation Fund (funds 

must be matched); and (4) Senate provision regarding construction 

at Old Rag Mountain trail in Shenandoah Mountain NP. 

Partnerships.—The managers reiterate the concerns voiced by 

both the House and Senate regarding the management of partnership construction projects. The National Park Service has developed interim guidance to govern the development of partnership 

construction proposals and the managers expect all levels of the 

Service to comply with the new procedures. The managers expect 

the Service and its partners to work collaboratively on the appropriateness, scope, and costs of contemplated projects, with careful 

consideration given to both the capital development and long-term 

operational and life-cycle costs. At a time of increased attention 

and emphasis on park operation budgets, the Service and its partners must not pursue new facility investments that are unrealistic 

and unachievable in their expectations. The managers expect the 

Service’s review of all partnership construction proposals to make 

difficult decisions, where necessary, to defer or suspend a project 

that is not the right project, for the right reason, at the right size, 

and at the right time. Additionally, any partnership construction 

project for which there is to be a Federal contribution towards the 

cost must be budgeted for and included in the Service’s five-year 

construction program. In the event a partnership construction proposal assumes funding from another Federal agency, the Service 

must seek the agreement of the appropriate agency including funding in the agency’s budget request. The managers expect the Service to provide a status report regarding partnership construction 

projects no later than February 15, 2005. 

Language regarding partnership projects at Moccasin Bend 

NAD, Great Smoky Mountains NP (Tremont), Delaware Water Gap 

1051 

NRA (Pocono Environmental Education Center), Flight 93 NMem, 

and Dayton Aviation NHP (Wright Dunbar Plaza) was included in 

the House and Senate committee reports, and is reinforced by the 

managers. Partnership construction projects that have not followed 

the interim guidance, the requirements of Director’s Order 21, or 

been reviewed by the Development Advisory Board, will not be considered for approval by the Committees. 

Funds provided for the Cane River Creole NHP are to initiate 

pre-design and planning for a curatorial storage facility. The managers understand that this facility will be for Service collections, 

and will be constructed and managed by the Service. The scope and 

cost of this facility are subject to further refinement using the Service’s planning model, but are expected to be less than the $3 million project previously proposed as a partnership with the university. 

The conference agreement provides $700,000 for cabin restoration at the Delaware Water Gap NRA, consistent with the direction 

provided in the House report. The funds are to be used for cabin 

restoration, or replacements in kind, consistent with the programming levels allowed in the General Management Plan. As discussed 

in the House Report, the Service needs to complete the site plan 

and value analysis requested in fiscal year 2004. The park and the 

partner are reminded that any significant facility investments that 

go beyond existing program levels must follow the interim guidance 

regarding partnership construction projects. The managers expect 

the Service to report by February 1, 2005, on a plan and schedule 

for the expenditure of the funds for fiscal year 2005. The managers 

are very concerned that the Service has not followed directions in 

previous conference reports. 

Funding has not been provided to the following projects due to 

various delays in awarding contracts: C&O Canal NHP, Saugus 

Iron Works NHS, Yellowstone NP (Madison wastewater facility), 

and Fire Island NS (west ranger station). The Pinnacles NM 

project was supplanted by an urgent land acquisition need. Boston 

Harbor NRA, Fort Larned NHS and Point Reyes NS are strongly 

encouraged to resubmit in the next fiscal year’s budget. 

Report language.—The managers direct the Service to initiate 

the Waco Mammoth site and the Manhattan Project new area studies, which are authorized. 

The managers expect the Service to initiate a preliminary resource assessment of Tunica River Park, MS and the surrounding 

area, and to provide technical assistance as necessary to cooperating entities. 

Funds for the Natchez Trace Parkway, MS, have been removed 

from construction and addressed in park operations. 

LAND AND WATER CONSERVATION FUND

(RESCISSION)

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

both the House and the Senate. 

1052 

LAND ACQUISITION AND STATE ASSISTANCE

(INCLUDING TRANSFER OF FUNDS)

The conference agreement provides $148,411,000 for land acquisition and State assistance instead of $107,500,000 as proposed 

by the House and $155,831,000 as proposed by the Senate. 

The managers agree to the following distribution of funds: 

Area (State) Amount 

Appalachian National Scenic Trail (High Top Mtn.) (VA) ................. $1,380,000 

Big Thicket National Preserve (TX) ..................................................... 4,541,000 

Blue Ridge Parkway (Roanoke) (VA) ................................................... 750,000 

Civil War Battlefield Sites (Grants) ..................................................... 5,000,000 

Congaree NP (SC) .................................................................................. 6,000,000 

Cumberland Gap (Fern Lake) (KY) ...................................................... 1,000,000 

Ft. Clatsop NM (OR) ............................................................................. 5,000,000 

Guilford Courthouse NMP (NC) ........................................................... 250,000 

Harpers Ferry NHP (WV) ..................................................................... 2,900,000 

Ice Age NST (WI) ................................................................................... 1,000,000 

Mojave National Preserve (relocation) (CA) ........................................ 1,600,000 

Mount Rainier NP (WA) ........................................................................ 1,000,000 

National Capital Parks (DC) ................................................................ 2,479,000 

New River Gorge NSR (WV) ................................................................. 2,000,000 

Niobrara NSR (easements) (NE) .......................................................... 200,000 

Pinnacles NM (CA) ................................................................................ 2,600,000 

Pu’uhonua O Honaunau NHP (HI) ...................................................... 4,600,000 

Shenandoah Valley Battlefields NHD (VA) ......................................... 1,500,000 

Sleeping Bear Dunes NL (MI) .............................................................. 1,500,000 

Valley Forge NHP (PA) ......................................................................... 1,500,000 

Wilson’s Creek NB (MO) ....................................................................... 4,500,000 

Wrangell-St. Elias NP (AK) .................................................................. 1,500,000 

Use of unobligated balances .................................................................. ¥12,400,000 

Subtotal ......................................................................................... 40,400,000 

Acquisition Management ....................................................................... 10,511,000 

Emergencies/Hardships ......................................................................... 2,500,000 

Inholdings/Exchanges ............................................................................ 2,500,000 

Stateside Grants .................................................................................... 91,000,000 

Stateside Administration ...................................................................... 1,500,000 

Total ............................................................................................... $148,411,000 

Bill Language.—The conference agreement retains the language proposed by the Senate providing that, in lieu of State assistance program indirect costs (as described in OMB Circular A– 

87), not to exceed five percent apportionments under the State assistance program may be used by States, the District of Columbia, 

and insular areas to support program administration costs. The 

conference agreement retains the language proposed in the Senate 

bill providing that $250,000 provided for Civil War battlefield protection be available for transfer to the National Recreation and 

Preservation account. 

Report Language.—The managers support land acquisition efforts at Jean Lafitte National Historical Park and Preserve in Louisiana, but understand that there are not purchases currently 

ready for completion. The managers will look favorably upon future 

acquisitions at the park, should parcels become available. 

The Committee is anxious to see progress on efforts to locate 

and build a boathouse with access to the Potomac River near the 

George Washington Memorial Parkway in Arlington, Virginia. The 

Committee encourages the Service to continue exploring options 

1053 

that would facilitate the possible acquisition of suitable land by Arlington County to construct the boathouse. 

ADMINISTRATIVE PROVISIONS

Bill language.—The conference report includes statutory language, with minor modifications, regarding concession contracts. 

This language was originally included in the House bill. 

UNITED STATES GEOLOGICAL SURVEY

SURVEYS, INVESTIGATIONS, AND RESEARCH

The conference agreement provides $948,921,000 for surveys, investigations, and research instead of $944,498,000 as proposed by 

the House and $939,486,000 as proposed by the Senate. 

Mapping, Remote Sensing and Geographic Investigations.—The 

change to the House level for mapping, remote sensing and geographic investigations is a decrease of $2,355,000 for The National 

Map. The managers understand that this decrease will be partially 

offset by anticipated buyout savings. The managers expect that the 

Alaska digital data mapping program will continue from within 

base funding at no less than the fiscal year 2004 enacted level. 

The managers reiterate their concern with the equipment failure on the Landsat 7 satellite, which occurred well over a year ago, 

and the issues that have arisen as a result. Despite repeated requests from both the House and Senate Committees on Appropriations, a clear plan has yet to be submitted by the Administration 

regarding long term USGS satellite operations, nor has an interim 

solution been offered to address the current funding issues surrounding Landsat 7. The managers are dismayed that the Administration has been unable to provide specific guidance and coordination on an issue that crosses multiple agencies and jurisdictions. 

Further, the managers object to the notion of continuing to redirect 

funds from other valuable Survey activities in order to maintain 

the status quo for a program that is no longer fully functional. The 

managers expect to see a fiscal year 2006 budget submission that 

contains a detailed proposal to address the Landsat issue. If, however, a clear plan regarding mission and funding options is not received by June 30, 2005, the managers direct the Department of 

the Interior to submit a plan for shutdown of the Landsat program. 

In the meantime, to the extend that buyout savings may be required to contribute to EROS Data Center operations during fiscal 

year 2005, the mapping program should reserve these funds to do 

so. The managers expect the Survey to be extremely cautious in expanding its mapping programs or entering into additional cooperative agreements with these monies until it is clear how the Landsat 

issue will be resolved. 

The managers agree that long-term remote sensing data is 

vital to many aspects of the government and private sector in the 

nation. Once again, the managers encourage the Administration to 

work with NASA and other Federal agencies to place the next generation Landsat sensor in orbit as soon as possible to reduce future 

gaps in data. 

Geologic Hazards, Resources and Processes.—Changes to the 

House level for geologic hazards, resources and processes include 

1054 

increases of $3,242,000 for the base volcano monitoring program, 

$1,150,000 for the Alaska mineral resource assessment program, 

and $100,000 for the Alaska Geological Materials Center and decreases of $500,000 for the Advanced National Seismic System program, $400,000 for the earth observation monitoring program, 

$1,482,000 for the Alaska minerals-at-risk project that has been 

completed, $250,000 for the landslide hazards program, and 

$250,000 for geothermal assessments. Other projects that are continued in fiscal year 2005 at their fiscal year 2004 funding levels 

include a North Carolina coastal erosion study, South Carolina/ 

Georgia coastal erosion and monitoring studies, and subsidence 

studies at the University of New Orleans. 

The managers agree that the volcano monitoring program is 

vital to both the safety of citizens living near these areas and the 

protection of commercial aircraft. Within the funds provided in the 

conference agreement, the Survey shall continue its ongoing volcanic research and monitoring activities at no less than the fiscal 

year 2004 enacted level, and should direct increased funding to 

areas of recent and imminent volcanic activity. 

The managers agree that the amount of funding provided for 

conducting inquiries into the economic conditions affecting mining 

and materials processing industries is $15,499,000. This number 

will no longer appear in bill language. 

Water Resources Investigations.—Changes to the House level for water resources investigations include increases of $1,481,000 

for collaborative research with the University of Oklahoma, 

$518,000 for the toxic substances hydrology program, $50,000 for 

the Potomac River groundwater assessment study, $198,000 for the 

Berkeley Pit study with Montana Tech, $295,000 for Lake Champlain basin toxic materials, $444,000 for monitoring water resources in Hawaii, and $889,000 for the coal bed methane study of 

the Tongue River, and decreases of $400,000 for the water availability pilot project and $400,000 for the Klamath basin study. 

Funds remain in the base to continue the US/Mexico border initiative at the fiscal year 2004 level. The managers agree that, from 

within base funds, up to $889,000 may be designated for the Survey’s continued participation in the Long Term Estuary Assessment program. The managers agree that the reduction to the 

Klamath basin funding will be offset by an internal reprogramming 

in the current fiscal year. The managers agree that the Potomac 

River groundwater assessment projects in the House and Senate 

bills address similar issues and they have been combined into one 

project. 

Biological Research.—Changes to the House level for biological 

research include increases of $250,000 for northern prairie carbon 

sequestration, $741,000 for the Mark Twain National Forest mining study, $790,000 for molecular biology at Leetown Science Center, $300,000 for pallid sturgeon research, $198,000 for a diamondback terrapin study, $988,000 to complete the Northern Continental Divide Ecosystem study in Montana, $296,000 for a multidisciplinary water resource study at Leetown Science Center, 

$250,000 for the Delaware River Basin Study, and decreases of 

$250,000 for ecological systems mapping, $250,000 for the deepwater fisheries vessel program, $500,000 for invasive species, 

1055 

$400,000 for Klamath basin studies, $170,000 for equipment at the 

Anadromous Fish Research Center, and $250,000 for cooperative 

research units. The managers understand that the reduction to the 

Klamath basin study is offset by an internal reprogramming in the 

current fiscal year. The managers direct the Survey to continue to 

pursue ongoing chronic wasting disease research nationwide and to 

continue to work with the Southeastern Cooperative Wildlife Disease Study. Within the funds available for invasive species studies, 

the managers expect the Survey to continue its cooperative program with Mississippi State University at no less that the fiscal 

year 2004 enacted level. 

Enterprise Information.—Changes to the House level for enter- prise information include increases of $500,000 for certification and 

accreditation of information technology systems, $300,000 for accessible data transfer and $50,000 for the enterprise services network. 

Science Support.—The change to the House level for science support is a decrease of $1,000,000 for financial management improvements. 

Facilities.—There are no changes to the House funding level 

for facilities activities. The conference agreement also retains language proposed in the House bill designating $1,600,000 from within amounts provided to remain available until expended for deferred maintenance and capital improvement projects exceeding 

$100,000. The managers have not agreed to provide base funding 

to the Lake Pontchartrain restoration project. 

Other.—The managers note that, unless otherwise specified, 

funding levels for ongoing projects included in the conference 

agreement as proposed by the Senate should reflect reductions that 

resulted from fiscal year 2004 rescissions. 

ADMINISTRATIVE PROVISIONS

The conference agreement includes language proposed by the 

House that provides work injury and travel benefits to students. 

MINERALS MANAGEMENT SERVICE

ROYALTY AND OFFSHORE MINERALS MANAGEMENT

The conference agreement provides $169,175,000 for royalty 

and offshore minerals management instead of $171,575,000 as proposed by the House and $171,175,000 as proposed by the Senate. 

The managers agree to the following changes to the House recommendations: 

1. The leasing and environmental program includes an earmark of $150,000 within available funds for the Alaska Whaling 

Commission as proposed by the Senate. 

2. Resource evaluation includes increases of $900,000 for the 

Center for Marine Resources, MS and $900,000 for the Marine 

Mineral Technology Center, AK as proposed by the Senate. 

3. The regulatory program includes an increase of $600,000 as 

proposed by the Senate for the Offshore Technology Research Center, TX, and $1,000,000 for hurricane related studies and for extra 

expenses of deepwater helicopter operations. 

4. Compliance and asset management is reduced by 

$5,800,000. The managers understand that the agency will realize 

1056 

savings in this program for fiscal year 2005 such that this reduction will not reduce program capability. Compliance and asset management is reduced accordingly, but approximately $1,000,000 

should be designated for section 202/205 cooperative audits with 

the States. 

5. The MMS should reprogram funds for e-government initiatives relating to disaster management and ‘‘SAFECOM’’ to the environmental studies program to help fund fixed costs. 

Bill Language.—The managers accept the Senate proposed bill 

language which deletes ‘‘pilot’’ in referring to the royalty-in-kind 

program, allows payments to States under the Mineral Leasing 

Act, and allows the MMS to recover certain portions of the royaltyin-kind sales for costs directly related to this program. 

OIL SPILL RESEARCH

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

OFFICE OF SURFACE MINING RECLAMATION AND ENFORCEMENT

REGULATION AND TECHNOLOGY

The conference agreement provides $109,905,000 for regulation 

and technology as proposed by the Senate instead of $108,905,000 

as proposed by the House. This total includes an indefinite appropriation estimated to be $100,000. The agreement includes 

$1,000,000 as proposed by the Senate to contract with the National 

Research Council for a review of coal reserves, research, and technologies. The agreement also directs the OSM to reprogram funds 

for e-government initiatives relating to disaster management and 

‘‘SAFECOM’’ to help fund fixed costs. 

ABANDONED MINE RECLAMATION FUND

The conference agreement provides $190,863,000 for the abandoned mine reclamation fund as proposed by the Senate instead of 

$194,106,000 as proposed by the House. The agreement directs the 

OSM to reprogram funds for e-government initiatives relating to 

disaster management and ‘‘SAFECOM’’ to help fund fixed costs. 

The managers note that bill language within Title I, general provisions, provides an extension until June 30, 2005, of the Secretary’s 

authority to collect fees pursuant to the Surface Mining Control 

and Reclamation Act. 

ADMINISTRATIVE PROVISION

The conference agreement includes bill language recommended 

in the request which allows funds available for the technical innovation and professional services program to be used to transfer title 

for certain computer devices to State and Tribal regulatory and reclamation programs. 

1057 

BUREAU OF INDIAN AFFAIRS

OPERATION OF INDIAN PROGRAMS

The conference agreement provides $1,955,047,000 for the operation of Indian programs instead of $1,935,033,000 as proposed 

by the House and $1,951,798,000 as proposed by the Senate. 

Tribal Priority Allocations.—Changes to the House level for 

tribal priority allocations include increases of $3,000,000 for contract support costs and $2,000,000 for welfare assistance. 

Other Recurring Programs.—Changes to the House level for 

other recurring programs include increases of $10,500,000 for tribally controlled community colleges, $98,000 for the Alaska Sea 

Otter Commission, $790,000 for the Bering Sea Fishermen’s Association, $87,000 for the Intertribal Bison Council, $346,000 for the 

Chugach Regional Resources Commission, and a decrease of 

$2,000,000 for the administrative cost grant fund. 

Non-recurring Programs.—Changes to the House level for nonrecurring programs include increases of $500,000 for the Rocky 

Mountain Technology Foundation, $750,000 for the rural Alaska 

fire program, $1,250,000 for the Salish and Kootenai College nursing program (housing project), $392,000 for Alaska legal services, 

and $1,000,000 for the Denali Commission. 

Central Office Operations.—Changes to the House level for central office operations include decreases of $2,000,000 for the workforce initiative and $1,000,000 for information resources technology. 

Special Programs and Pooled Overhead.—Changes to the 

House level for special programs and pooled overhead include increases of $500,000 for the United Tribes Technical College, 

$450,000 for the United Sioux Tribes Development Corporation, 

$442,000 for the Crownpoint Institute, $1,250,000 for the Western 

Heritage Center distance learning program, $750,000 for the Alaska native aviation program, and $409,000 for e-government initiatives, and $500,000 for the enterprise services network. 

Bill Language.—There is a statutory earmark of $1,000,000 for 

administrative cost grants to tribes for transitional costs instead of 

$3,000,000 as proposed by the House and no funding as proposed 

by the Senate. 

CONSTRUCTION

The conference agreement provides $323,626,000 for construction instead of $348,626,000 as proposed by the House and 

$283,126,000 as proposed by the Senate. Changes to the House 

level include increases of $2,500,000 for the tribal school demonstration program, $2,500,000 for facilities maintenance of detention centers and a decrease of $30,000,000 for school replacement 

construction. 

The managers have included bill language directing the Bureau to provide $4,500,000 to the Eastern Band of Cherokee education facility at the Ravensford tract, $4,000,000 for the Sac and 

Fox Meskwaki settlement school and $4,000,000 for the Twin 

Buttes elementary school on the Fort Berthold Reservation within 

the Tribal School Demonstration Program. 

1058 

The managers have retained language included in the Senate 

bill that allows the Secretary of the Interior to assume control of 

construction projects if the tribes have not completed planning, design, and initial construction within 18 months of the appropriation 

of funds. 

The managers have included bill language that allows the Office of Special Trustee for American Indians to reimburse the appropriate share of construction costs for space expansion needs 

identified as a result of trust reform implementation. 

The managers are aware of the significant problems with Bureau owned detention centers, and have provided additional funding for facilities and deferred maintenance of these facilities. The 

managers urge the Department to address the operations and 

maintenance of detention centers in future budget submissions. 

INDIAN LAND AND WATER CLAIM SETTLEMENTS AND MISCELLANEOUS

PAYMENTS TO INDIANS

The conference agreement provides $44,771,000 for Indian land 

and water claim settlements and miscellaneous payments to Indians as proposed by the House instead of $34,771,000 as proposed 

by the Senate. 

The managers have agreed to $10,032,000 for the Quinault Indian Nation settlement. The managers have retained the Senate 

bill language which contained minor technical differences from the 

House. 

The managers recognize that the Department of the Interior is 

working with Northwest Indian tribes and the shellfish industry to 

complete the historic Washington State shellfish settlement agreement and secure funding for it. This agreement represents nine 

years of hard, cooperative work by the Tribes and the shellfish industry. The managers support this effort and encourage the Department and all parties to continue working together to finalize 

the settlement in a timely manner. The managers agree that the 

Administration should provide funding for settlements such as 

these in the annual budget submission as the managers do not 

foresee having funds above the requested level for new settlements. 

INDIAN GUARANTEED LOAN PROGRAM ACCOUNT

The conference agreement provides $6,421,000 for the Indian 

guaranteed loan program as proposed by both the House and the 

Senate. The managers have retained the House bill language which 

contained minor technical differences from the Senate. 

ADMINISTRATIVE PROVISIONS

Bill Language.—The conference agreement includes language 

that allows certain tribes to continue to receive contract support as 

a supplement to administrative cost grants. 

1059 

DEPARTMENTAL OFFICES 

INSULAR AFFAIRS

ASSISTANCE TO TERRITORIES

The conference agreement provides $76,255,000 for assistance to territories instead of $74,935,000 as proposed by the House and 

$74,255,000 as proposed by the Senate. Changes in funding levels 

from the House recommendation include the Senate recommendations for an additional $320,000 to continue judicial, court education, and court administration training, and $1,000,000 for Marshall Islands health care. The managers agree to the following: 

1. Although the agreement does not include bill language proposed by the Senate designating a specific funding level for a grant 

to the Close Up Foundation, the managers do support this effort 

and expect the Secretary to designate approximately $750,000 for 

this program. 

2. The OIA should reprogram funds for e-government initiatives relating to disaster management and ‘‘SAFECOM’’ to help 

fund fixed costs. 

3. The conference agreement includes $1,000,000 for payments 

to replace the Prior Service Trust Fund as proposed by the House. 

The managers direct the Department to work with the Prior Service Benefits Board of Directors to reach an agreement as soon as 

possible, but no later than October 1, 2005, to replace the Prior 

Service Trust Fund. Such agreement shall provide for: (a) the pension systems of Palau, CNMI, RMI and FSM to assume responsibility for the enrollees of the Prior Service Benefits Trust Fund; (b) 

the allocation of potential future U.S. funding, if appropriated, 

among these four pension systems and payment of their benefits; 

(c) a reasonable transition overhead rate; (d) appropriate changes 

in benefits, if any; and (e) for the termination of certification and 

enrollment of new beneficiaries by March 31, 2005. The managers 

also direct that this $1,000,000 in funding should be reprogrammed 

for general technical assistance uses if no agreement can be 

reached. 

4. The conference agreement includes $1,000,000 to assist 

health care programs on the Marshall Islands as proposed by the 

Senate. These instructions replace the Senate direction. These 

funds shall first be used to provide primary health care to members 

of the Enewetak, Bikini, Rongelap and Utrik communities who currently reside on Enewetak Atoll, Kili island, Mejetto island, 

Rongelap Atoll following resettlement, and Utrik Atoll. Such primary medical care shall consist of a clinic with at least one doctor 

and an assistant, and necessary supplies and logistical support. If 

excess funds are available, these funds may be used to augment 

primary healthcare for members of these communities who get primary healthcare services from the facilities in Ebeye and Majuro. 

5. The managers have included $1,000,000 to continue work on 

water system rehabilitation in the CNMI. The managers note that 

the Army Corps of Engineers has completed a comprehensive water 

infrastructure study that has identified and prioritized over 

$200,000,000 in essential needs. The magnitude of this need far exceeds any possible resolution from funds made available to the InVerDate Aug 04 2004 07:33 Dec 01, 2004 Jkt 096906 PO 00000 Frm 01063 Fmt 6601 Sfmt 6601 E:\HR\OC\HR792.XXX HR792
1060 

terior and Related Agencies Subcommittee on Appropriations. Existing programmatic expertise of other Federal agencies is not 

being used fully, as evidenced in the delays in completing the 

Kagman water project by the Department of Agriculture. Accordingly, the managers direct the Secretary of the Interior to prepare, 

in consultation with the Interagency Group on Insular Areas, a 

comprehensive, coordinated and detailed implementation program 

for the plans developed by the Army Corps of Engineers by July 

31, 2005. To develop this program the Secretary shall look to authorities of the Corps of Engineers under the Secretary of the 

Army, the Bureau of Reclamation within the Department of the Interior, the various programs under the Secretary of Agriculture, authorities available to the Administrator of the Environmental Protection Agency, and authorities available under any other agency 

dealing with water infrastructure. The Secretary shall provide the 

House and Senate Committees on Appropriations with an implementation plan that fully utilizes and coordinates those authorities 

to ensure that the goals of the plan are achieved in a timely, costeffective manner. The managers expect the implementation plan to 

identify projects, responsible agency, funding needs, implementation schedule, any statutory or other changes necessary to implement the program, and a specific timetable for full completion. 

COMPACT OF FREE ASSOCIATION

The conference agreement provides $5,499,000 for the compact 

of free association as proposed by the House instead of $5,400,000 

as proposed by the Senate. The conference agreement follows the 

funding recommendations made by the House. 

DEPARTMENTAL MANAGEMENT

SALARIES AND EXPENSES

(INCLUDING TRANSFER OF FUNDS)

The conference agreement provides $90,855,000 for departmental management instead of $79,551,000 as proposed by the 

House and $81,608,000 as proposed by the Senate. The changes described below are to the House recommended funding level. 

Management and Coordination.—Increases include $750,000 

for the financial and business management system, $10,500,000 to 

restore partially funds cut on the House floor for motor vehicle 

lease, purchase or services costs, and $54,000 for E-government initiatives. 

Bill Language.—The conference agreement retains the language proposed in the Senate bill directing the transfer of 

$13,500,000 from unobligated balances in the Central Hazardous 

Materials Fund. The conference agreement modifies the language 

proposed in the House bill reducing amounts otherwise appropriated for motor vehicle lease, purchase or service costs. The modification changes $13,500,000 to $3,000,000. 

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PAYMENTS IN LIEU OF TAXES

The conference agreement provides $230,000,000 for payments 

in lieu of taxes as proposed by the Senate instead of $226,000,000 

as proposed by the House. 

OFFICE OF THE SOLICITOR

SALARIES AND EXPENSES

The conference agreement provides $52,384,000 for the office of 

the solicitor instead of $51,356,000 as proposed by the House and 

$53,053,000 as proposed by the Senate. The changes described 

below are to the House recommended funding level. 

Legal Services.—Increases include $446,000 for paralegal and 

support positions, $300,000 for legal staff support, and $186,000 for 

fixed costs. 

General Administration.—Increases include $15,000 for E-government initiatives and $78,000 for fixed costs. 

Ethics Office.—Increases include $3,000 for fixed costs. 

OFFICE OF INSPECTOR GENERAL

SALARIES AND EXPENSES

The conference agreement provides $37,800,000 for office of inspector general, instead of $37,655,000 as proposed by the House 

and $38,100,000 as proposed by the Senate. The changes described 

below are to the House recommended funding level. 

Audits.—Changes include an increase of $237,000 for fixed 

costs and a decrease of $100,000 for non-traditional audit staff. 

Investigations.—Changes include an increase of $165,000 for 

fixed costs and a decrease of $172,000 for law enforcement equipment replacement. 

Administrative Services and Information Management.— Changes include increases of $105,000 for fixed costs and $10,000 

for E-government initiatives, and a decrease of $100,000 for IT 

standardization. 

OFFICE OF SPECIAL TRUSTEE FOR AMERICAN INDIANS

FEDERAL TRUST PROGRAMS

The conference agreement provides $196,267,000 for Federal 

trust programs as proposed by both the House and the Senate. The 

managers have retained language contained in the Senate bill that 

caps the amount of funding that can be used for historical accounting activities at $58,000,000. 

INDIAN LAND CONSOLIDATION

The conference agreement provides $35,000,000 for Indian land 

consolidation programs instead of $42,000,000 as proposed by the 

House and $50,000,000 as proposed by the Senate. The managers 

are concerned about recent events in the courts that will likely 

slow the process of Indian land consolidation and reduce the ability 

of the Department of the Interior to obligate funds for acquisition 

of lands. The land consolidation program has the potential to reVerDate Aug 04 2004 07:33 Dec 01, 2004 Jkt 096906 PO 00000 Frm 01065 Fmt 6601 Sfmt 6601 E:\HR\OC\HR792.XXX HR792
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solve many of the contentious issues surrounding Indian trust 

management. The actions of the court concerning notifying Indian 

landowners of ongoing litigation will undoubtedly slow the process 

of consolidation of lands. 

Bill Language.—The managers have retained bill language included by the Senate that allows Indian land consolidation funds 

to be transferred to the Bureau of Indian Affairs and Departmental 

Management accounts. The House had no similar provision. 

NATURAL RESOURCE DAMAGE ASSESSMENT AND RESTORATION

NATURAL RESOURCE DAMAGE ASSESSMENT FUND

The conference agreement provides $5,818,000 for the natural 

resource damage assessment fund as proposed by both the House 

and the Senate. 

GENERAL PROVISIONS—DEPARTMENT OF THE INTERIOR

Sec. 101. The conference agreement modifies the text of Senate 

section 101 correcting the reference to the budget agreement in 

providing Secretarial authority to transfer program funds for emergencies. The House had a similar provision in section 101 of the 

House bill. 

Sec. 102. The conference agreement modifies the text of Senate 

section 102 correcting the reference to the budget agreement in 

providing for expenditure or transfer of funds by the Secretary for 

natural disasters. The House had a similar provision in section 102 

of the House bill. 

Sec. 103. The conference agreement retains the language proposed in section 103 of the House bill providing for use of appropriated funds for operation of garages, shops, warehouses, and 

similar facilities. The Senate had a similar provision in section 103 

of the Senate bill. 

Sec. 104. The conference agreement retains an identical provision in section 104 of both the House and Senate bills, providing 

for vehicle and other services. 

Sec. 105. The conference agreement retains the language proposed in section 105 of the House bill making permanent the use 

of appropriated funds to purchase uniforms or to provide a uniform 

allowance. The Senate had a similar provision in section 105 of the 

Senate bill. 

Sec. 106. The conference agreement retains the language proposed in section 106 of the House bill making permanent a provision that contracts issued for services and rentals with appropriated funds be in effect for a period not to exceed 12 months. The 

Senate had a similar provision in section 106 of the Senate bill. 

Sec. 107–109. The conference agreement retains identical provisions in sections 107–109 of both the House and Senate bills, prohibiting the expenditure of funds for Outer Continental Shelf (OCS) 

leasing activities in certain areas. 

Sec. 110. The conference agreement retains a provision in section 110 of the House bill prohibiting the National Park Service 

from reducing recreation fees for non-local travel through any park 

unit. The Senate had no similar provision. 

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Sec. 111. The conference agreement retains the language proposed in section 111 of the House bill that makes permanent a provision limiting the investment of Federal funds by tribes or tribal 

organizations. The Senate had a similar provision in section 110 of 

the Senate bill. 

Sec. 112. The conference agreement retains a provision in section 112 of the House bill permitting the transfer of funds between 

the Bureau of Indian Affairs and the Office of Special Trustee for 

American Indians. The Senate had an identical provision in section 

111 of the Senate bill. 

Sec. 113. The conference agreement retains a provision in section 113 of the House bill continuing a provision allowing the hiring of administrative law judges to address the Indian probate 

backlog. The Senate had an identical provision in section 112 of the 

Senate bill. 

Sec. 114. The conference agreement retains a provision in section 114 of the House bill continuing a provision permitting the redistribution of tribal priority allocation and tribal base funds to alleviate funding inequities. The Senate had an identical provision in 

section 113 of the Senate bill. 

Sec. 115. The conference agreement retains a provision in section 115 of the House bill continuing a provision requiring the allocation of Bureau of Indian Affairs postsecondary schools funds consistent with unmet needs. The Senate had an identical provision in 

section 114 of the Senate bill. 

Sec. 116. The conference agreement retains the language proposed in section 115 of the Senate bill that makes permanent a 

limitation on the use of the Huron Cemetery in Kansas. The House 

had a similar provision in section 116 of the House bill. 

Sec. 117. The conference agreement retains a provision in section 117 of the House bill continuing a provision permitting the 

conveyance of the Twin Cities Research Center of the former Bureau of Mines for the benefit of the National Wildlife Refuge System. The Senate had an identical provision in section 116 of the 

Senate bill. 

Sec. 118. The conference agreement retains the language proposed in section 119 of the House bill making permanent a provision permitting the Bureau of Land Management to retain funds 

from the sale of seeds and seedlings. The Senate had a similar provision in section 117 of the Senate bill. 

Sec. 119. The conference agreement retains a provision in section 120 of the House bill continuing a provision authorizing the 

Secretary of the Interior to use helicopters or motor vehicles to capture and transport horses and burros at the Sheldon and Hart National Wildlife Refuges. The Senate had an identical provision in 

section 118 of the Senate bill. 

Sec. 120. The conference agreement modifies a provision in section 119 of the Senate bill limiting the implementation of Claims 

Maintenance and Location Fees and directs the Bureau of Land 

Management to establish a permit tracking system. The House had 

no similar provision. 

Sec. 121. The conference agreement modifies a provision in section 120 of the Senate bill allowing certain funds provided for land 

acquisition at the Shenandoah Valley Battlefield NHD and Ice Age 

1064 

NST to be granted to a State, a local government, or any other land 

management entity. The House had a similar provision in section 

121 of the House bill. 

Sec. 122. The conference agreement retains a provision in section 122 of the House bill continuing a provision prohibiting the 

closure of the underground lunchroom at Carlsbad Caverns NP, 

NM. The Senate had an identical provision in section 121 of the 

Senate bill. 

Sec. 123. The conference agreement retains a provision in section 123 of the House bill preventing the demolition of a bridge between New Jersey and Ellis Island. The Senate had no similar provision. 

Sec. 124. The conference agreement retains a provision in section 125 of the House bill continuing a provision limiting compensation for the Special Master and Court Monitor appointed by 

the Court in Cobell v. Norton to 200 percent of the highest Senior 

Executive Service rate of pay. The Senate had an identical provision in section 122 of the Senate bill. 

Sec. 125. The conference agreement retains a provision in section 126 of the House bill continuing a provision allowing the Secretary to pay private attorney fees for employees and former employees incurred in connection with Cobell v. Norton. The Senate 

had an identical provision in section 123 of the Senate bill. 

Sec. 126. The conference agreement retains a provision in section 127 of the House bill dealing with the U.S. Fish and Wildlife 

Service’s responsibilities for mass marking of salmonid stocks. The 

Senate had no similar provision. 

Sec. 127. The conference agreement modifies a provision in section 128 of the House bill dealing with paying for operational needs 

at the Midway Atoll National Wildlife Refuge airport using funds 

appropriated under the ‘‘Departmental Management, Salaries and 

Expenses’’ appropriation. The modification changes the word 

‘‘shall’’ to ‘‘may’’. The Senate had no similar provision. 

Sec. 128. The conference agreement retains a provision in section 129 of the House bill prohibiting the conduct of gaming under 

the Indian Gaming Regulatory Act (25 U.S.C. 2701 et seq.) on 

lands described in section 123 of the Department of the Interior 

and Related Agencies Appropriations Act, 2001, or land that is contiguous to that land. The Senate had an identical provision in section 124 of the Senate bill. 

Sec. 129. The conference agreement retains a provision in section 130 of the House bill continuing a provision prohibiting the 

use of funds to study or implement a plan to drain or reduce water 

levels in Lake Powell. The Senate had an identical provision in section 125 of the Senate bill. 

Sec. 130. The conference agreement retains a provision in section 131 of the House bill allowing the National Indian Gaming 

Commission to collect $12,000,000 in fees for fiscal year 2006. The 

Senate had an identical provision in section 126 of the Senate bill. 

Sec. 131. The conference agreement retains a provision in section 127 of the Senate bill making funds available to the tribes 

within the California Tribal Trust Reform Consortium and others 

and separates this demonstration project from the Department of 

1065 

the Interior’s trust reform organization. The House had a similar 

provision in section 132 of the House bill. 

Sec. 132. The conference agreement modifies a provision in section 128 of the Senate bill dealing with grazing permits in the 

Jarbidge field office of the Bureau of Land Management. The 

House had no similar provision. 

Sec. 133. The conference agreement modifies a provision in section 130 of the Senate bill restoring mining claims voided due to 

defective waivers of the mining maintenance fee. The House had no 

similar provision. 

Sec. 134. The conference agreement retains a provision in section 131 of the Senate bill allowing proceeds from the University 

of Nevada at Las Vegas Foundation’s research park leases to be 

used to carry out the Foundation’s research mission. The House 

had no similar provision. 

Sec. 135. The conference agreement modifies a provision in section 132 of the Senate bill extending the authority of the Secretary 

of the Interior to collect fees pursuant to the Surface Mining Control and Reclamation Act. The House had no similar provision. 

Sec. 136. The conference agreement retains a provision in section 133 of the Senate bill authorizing the Secretary of the Interior 

to acquire lands for the operation and maintenance of facilities in 

support of transportation of visitors to Ellis, Governors, and Liberty Islands. The House had no similar provision. 

Sec. 137. The conference agreement includes a new provision 

to redesignate the ACE Basin National Wildlife Refuge, SC, as the 

Ernest F. Hollings ACE Basin National Wildlife Refuge. 

Sec. 138. The conference agreement includes a new provision 

to exempt certain coastal barrier property in South Carolina from 

financial assistance and flood insurance limitations under the 

Coastal Barriers Resources Act and the National Flood Insurance 

Act of 1968. 

Sec. 139. The conference agreement includes a new provision 

resolving a boundary encroachment on lands of the Union Pacific 

Railroad Company in Tipton, California; requiring the Secretary of 

the Interior to permit continued use and occupancy of certain privately owned cabins in the Mineral King Valley in the Sequoia National Park; and authorizing the continued use of certain lands 

within the Sequoia National Park by portions of an existing hydroelectric project. 

Sec. 140. The conference agreement includes a new provision 

to designate certain lands within the Apostle Islands National 

Lakeshore in the State of Wisconsin as the Gaylord A. Nelson National Wilderness. 

Sec. 141. The conference agreement includes a new provision 

regarding special use grazing permits on the Mojave National Preserve, CA. 

Sec. 142. The conference agreement includes a new provision 

amending Public Law 92–195 concerning the management of wild 

horses and burros. 

Sec. 143. The conference agreement includes a new provision 

excluding non-native migratory bird species from application of certain prohibitions under the Migratory Bird Treaty Act. 

1066 

Sec. 144. Includes a new section transferring lands from the 

Bureau of Land Management to the Department of Veterans Affairs for construction of a new health facility, previously announced 

by the Department. 

Sec. 145. The conference agreement includes a new provision 

adjusting the boundary of the Cumberland Island Wilderness and 

authorizing tours of the Cumberland Island National Seashore. 

Sec. 146. The conference agreement includes a new provision 

dealing with the 2004–2005 snowmobile season. 

The conference agreement does not include a provision proposed in section 118 of the House bill authorizing a cooperative 

agreement with the Golden Gate National Parks Association, CA. 

The conference agreement does not include a provision proposed in section 124 of the House bill prohibiting posting of clothing optional signs at Canaveral NS, FL. 

The conference agreement does not include a provision proposed in section 133 of the House bill limiting the use of the National Mall for special events. 

The conference agreement does not include a provision proposed in section 129 of the Senate bill amending Public Law 104– 

208 to modify the authorized uses of franchise fund proceeds. 

TITLE II—RELATED AGENCIES 

DEPARTMENT OF AGRICULTURE 

FOREST SERVICE

FOREST AND RANGELAND RESEARCH

The conference agreement provides $280,278,000 for forest and 

rangeland research instead of $280,654,000 as proposed by the 

House and $279,883,000 as proposed by the Senate. The managers 

agree to the following changes to recommendations that were proposed by the House: 

Project or activity 

Conference recommendation 

Change from 

House Project total 

General decrease ..................................................................................................................... ¥$1,800,000 ........................

Fixed costs ............................................................................................................................... ¥1,000,000 $6,109,000 

Forest inventory and analysis ................................................................................................. 4,000,000 56,714,000 

Advanced housing research consortium ................................................................................. ¥300,000 1,300,000 

Adelgid research NE station .................................................................................................... 0 1,500,000 

Sudden oak death research .................................................................................................... 0 2,500,000 

Emerald ash borer research in Ohio ....................................................................................... ¥250,000 250,000 

Southern pine beetle initiative ................................................................................................ 0 2,000,000 

Olympic Natural Resource Center, WA .................................................................................... 0 300,000 

Western Carolina Univ. biotechnology ..................................................................................... ¥988,000 0 

Watershed condition research initiative .................................................................................. ¥2,247,000 4,994,000 

Invasive species initiative ....................................................................................................... 0 1,081,000 

Joe Skeen Inst. Montana St. Univ. .......................................................................................... 350,000 350,000 

Forest Products Lab salvage lumber, WI ................................................................................ 600,000 600,000 

NE States research cooperative .............................................................................................. 25,000 2,000,000 

Baltimore urban watershed, MD ............................................................................................. 2,000 200,000 

Fernow expt. forest hydrology, WV ........................................................................................... 230,000 230,000 

Morgantown, WV pests & pathogens ...................................................................................... 6,000 500,000 

Sitka, AK lab ............................................................................................................................ 14,000 1,130,000 

Hardwood tree improvement & regen, IN ................................................................................ 921,000 921,000 

Coweeta, technology transfer, NC ........................................................................................... 4,000 300,000 

1067 

Project or activity 

Conference recommendation 

Change from 

House Project total 

Bent Cr. cumberland silviculture, NC ..................................................................................... 4,000 300,000 

Joe Skeen Inst. Range. Research, NM ..................................................................................... 53,000 300,000 

Adelgid and insects in east research ..................................................................................... 0 0 

Coweeta hemlock wooly adelgid, NC ....................................................................................... 0 300,000 

The managers also agree to the following: 

1. The Forest Service should clearly display in future budget 

justifications the funding provided for various Congressional priorities, and display what part of the request includes funding for 

these items. 

2. The funding for emerald ash borer research shown in the 

table above, $250,000, should be utilized in Ohio, and should be in 

addition to other funding in the budget for ongoing research on this 

pest at other locations. 

3. The funding remaining for the watershed condition initiative 

should be reprogrammed for other, higher priority fundamental research efforts, not including the FIA program. 

4. The previous table provided above supercedes the Senate report instruction concerning funding levels and the across the board 

cuts. 

5. The managers support funding, to the extent practicable, for 

implementation of the rules and protocols for carbon accounting as 

part of the climate change initiative. 

STATE AND PRIVATE FORESTRY

The conference agreement provides $296,626,000 for State and 

private forestry instead of $282,446,000 as proposed by the House 

and $291,169,000 as proposed by the Senate. Funding for this appropriation should follow the House recommendations unless otherwise instructed herein. 

Forest Health Management.—The conference agreement provides $55,000,000 for Federal lands forest health management as 

proposed by the House instead of $46,012,000 as proposed by the 

Senate. The conference agreement includes $48,300,000 for cooperative lands forest health management instead of $48,000,000 as 

proposed by the House and $35,214,000 as proposed by the Senate. 

The change from the House recommendation is the addition of 

$300,000 for Vermont forest monitoring as proposed by the Senate. 

The managers do not agree to the specific allocation providing 

funding for newly found pests or pathogens which was proposed by 

the Senate. The managers agree that the Forest Service should 

withhold a portion of forest health funding from immediate distribution so it is available later in the year to address new problems that may emerge. The managers recommend that the Administration stop proposing an emerging pest fund. The managers 

strongly encourage the Administration to use the Secretary’s authority under Public Law 97–46 to fund the survey, evaluation, 

control and management of unplanned, emerging pest occurrences 

from funds available to the agencies or corporations of the Department of Agriculture. This approach has been used in the past for 

the Forest Service and has been used in previous years for emerVerDate Aug 04 2004 07:33 Dec 01, 2004 Jkt 096906 PO 00000 Frm 01071 Fmt 6601 Sfmt 6601 E:\HR\OC\HR792.XXX HR792
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gency pest projects by the Animal and Plant Health Inspection 

Service. 

Cooperative Fire Assistance.—The conference agreement includes $33,384,000 for State fire assistance instead of $36,384,000 

as proposed by the House and $30,000,000 as proposed by the Senate. This allocation includes $5,000,000 as proposed by the House 

for urgent work near the San Bernardino National Forest and a 

general program increase of $2,000,000 above the House level. The 

managers do not agree to the specific allocation proposed by the 

House for community wildfire protection plans, but the managers 

do agree that this approach is of utmost importance and urge the 

Forest Service and the States to give this effort a very high priority. 

The conference agreement includes $6,000,000 for volunteer 

fire assistance as proposed by the Senate instead of $5,443,000 as 

proposed by the House. The conference agreement also includes additional funds for State fire and volunteer fire assistance as part 

of the national fire plan funding within the wildland fire management account. 

Forest Stewardship.—The conference agreement includes 

$32,775,000 for forest stewardship instead of $37,000,000 as proposed by the House and $33,000,000 as proposed by the Senate. 

Changes from the House recommendations include a reduction of 

$275,000 for Chesapeake Bay forestry for a total of $1,225,000, a 

reduction of $3,000,000 for community wildfire plans as proposed 

by the Senate, and a general decrease of $950,000 as proposed by 

the Senate. Although there is no specific allocation for community 

wildfire plans, the managers strongly support this activity and encourage the Forest Service and the States to pursue this work. The 

managers have provided adequate funds within the forest stewardship program to begin an update of the Highlands Regional Study 

in order to identify high priority areas, including important conservation areas in Pennsylvania, to help ensure the health and sustainability of these sites through management, protection and wise 

use. The managers note that there is no funding for a grant for the 

Downeast Lakes forestry partnership and that forest stewardship 

funds should never be used for land acquisition or acquisition of interests in lands. 

Forest Legacy Program.—The conference agreement includes 

$57,939,000 for the forest legacy program instead of $43,119,000 as 

proposed by the House and $76,329,000 as proposed by the Senate. 

These funds are derived from the Land and Water Conservation 

Fund. The conference agreement includes the following distribution 

of funds for the forest legacy program: 

State and project Conference 

TN Walls of Jericho ............................................................................. $3,500,000 

AL Mobile Tensaw Delta .................................................................... 1,200,000 

MT Blackfoot—Clearwater ................................................................. 3,300,000 

NJ Raritan River Watershed .............................................................. 3,800,000 

MT North Swan River Valley ............................................................. 3,000,000 

WA Cedar Green Forest ...................................................................... 1,600,000 

WI Wolf River ...................................................................................... 2,000,000 

WV Potomac River Hills ..................................................................... 1,000,000 

AL Cumberland Mountain, Miller-Maxwell ...................................... 1,200,000 

DE Green Horizons ............................................................................. 1,000,000 

VA Dragon Run ................................................................................... 600,000 

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State and project Conference 

VI Annaly Bay/Hermitage Valley ...................................................... 500,000 

SC Catawba-Wateree Forest .............................................................. 3,000,000 

ME Katahdin Forest ........................................................................... 4,500,000 

NM Horse Springs Ranch ................................................................... 2,500,000 

WI Tomahawk—Northwoods—III ...................................................... 2,000,000 

CO Banded Peaks ................................................................................ 1,600,000 

ME Sebago Lands ................................................................................ 500,000 

MA Stock Mountain North ................................................................. 375,000 

WA Carbon River Forest, phase 1 ..................................................... 1,300,000 

KY Knobs State Forest (Kuhn’s tract) ............................................... 1,200,000 

CA Six Rivers to the Sea .................................................................... 2,300,000 

IA NE Upper Bluffs ............................................................................ 550,000 

UT Pioneer Ranch ............................................................................... 750,000 

NY Tahawus ........................................................................................ 1,700,000 

VT Mt. Holly Wildlife Corridor II ...................................................... 500,000 

MN Brainerd Lakes ............................................................................ 2,000,000 

ID St. Joe Basin, phase 3 ................................................................... 3,500,000 

MA Muschopauge Brook ..................................................................... 400,000 

VA The Cove ........................................................................................ 240,000 

TN Scott’s Gulf .................................................................................... 1,500,000 

RI Hoxie Farm ..................................................................................... 850,000 

NH Thirteen Mile Woods II ................................................................ 2,000,000 

VT Orange County Headwaters (Meadowsend) ................................ 450,000 

NH Trout Pond .................................................................................... 1,200,000 

VT Chittenden ..................................................................................... 1,220,000 

FL New State Start-up ....................................................................... 500,000 

OH New State Start-up ...................................................................... 500,000 

TX New State Start-up ....................................................................... 500,000 

Use of prior year funds .......................................................................... ¥7,300,000 

Forest Legacy Program Administration, Acquisition Management, 

and Assessment of Need Planning ................................................... 4,904,000 

Total, Forest Legacy ................................................................... 57,939,000 

The conference agreement retains bill language proposed by 

the House requiring notification of the Committees on Appropriations when the Forest Service makes funds available for specific 

forest legacy projects. The managers note that funds are not provided within the forest legacy program for the Senate proposed 

Mirror Lake project, NH. However, within the economic action program the conference agreement includes a grant to the Hubbard 

Brook Foundation to help conserve this area. 

Urban and Community Forestry.—The conference agreement 

includes $32,400,000 for the urban and community forestry program instead of $32,000,000 as proposed by the House and 

$33,111,000 as proposed by the Senate. Changes from the House 

recommendation for this activity include a decrease of $100,000 for 

northeast PA community forestry for a total of $500,000, and inclusion of Senate proposals of $350,000 for the Chicago wilderness 

program, $150,000 for the urban watershed forestry research and 

demonstration cooperative in Baltimore, MD, and a $411,000 general program decrease. 

The conference agreement replaces instructions in both the 

House and the Senate committee reports concerning the urban and 

community forestry allocation methodology. The managers have reviewed the allocation methodology for the urban and community 

forestry program proposed by the Forest Service in its report to the 

Committees on Appropriations. The managers have been addressing this issue for several years and are displeased with the slow 

rate of progress at implementing a better performance based allocation method which also includes a more fair assessment of State 

1070 

program needs and capability. The managers understand that the 

timing of this appropriation makes it more difficult for the Forest 

Service to fully implement a performance based system in FY 2005. 

Therefore, the managers direct the Forest Service to provide quarterly updates to the House and Senate Committees on Appropriations regarding the establishment of a performance based allocation for the distribution of funds to the regions, and that the new 

allocation methodology with this modification be fully implemented 

in fiscal year 2006. The managers expect allocations for fiscal year 

2005 to the States to remain at the levels as recommended in the 

agency’s report. 

Economic Action Programs.—The conference agreement in- cludes $19,300,000 for the economic action programs instead of 

$10,000,000 as proposed by the House and $19,975,000 as proposed 

by the Senate. The managers have provided $500,000 for the 

Hinkle Creek project, OR, with the understanding that no further 

funding will be made available for this program. The conference 

agreement includes bill language concerning a $2,000,000 direct 

payment for the Kake land exchange, AK and a direct payment of 

$1,500,000 to Canton, NC for wood products wastewater repairs. 

The funds for the education and research consortium of western 

North Carolina should include the Pisgah Forest Institute, and 

allow expansion of the education initiative to appropriate institutions with natural resources expertise in Pennsylvania and northern California. The conference agreement includes the following 

distribution of funds: 

Program/Project Conference 

Economic Recovery Program ................................................................. $5,000,000 

WA state rural technology initiative .................................................... 600,000 

KY mine reforestation ........................................................................... 500,000 

Syracuse SUNY forestry technology .................................................... 600,000 

Pisgah forest envir. Ed, ERC, NC ........................................................ 2,000,000 

NC Inst. Forest Biotech. heritage trees ............................................... 200,000 

Allegheny NF area, PA tourism ........................................................... 250,000 

South Lake Tahoe MTBE study, CA NV ............................................. 500,000 

Chugach Avalanche Center, AK ........................................................... 200,000 

Ketchikan Wood Tech. Center, AK ....................................................... 750,000 

Vermont Wood Products Collaborative ................................................ 500,000 

North Carolina St./Forest res. & wood prods. ..................................... 500,000 

Fuels-in-schools biomass program, MT ................................................ 1,500,000 

Kake Land Exchange, AK ..................................................................... 2,000,000 

Alabama rural economic action ............................................................ 500,000 

Hinkle Creek, OR watershed study ..................................................... 500,000 

University of Idaho, Mica Cr. ............................................................... 250,000 

Northern Forests Partnership program, NH ....................................... 200,000 

Utah Rural Development Council ........................................................ 400,000 

Hubbard Brook Foundation, Mirror Lake, NH ................................... 750,000 

Canton, NC wood products wastewater repair .................................... 1,500,000 

New England value added wood products, MA ................................... 100,000 

Total, Economic Action Programs ................................................. $19,300,000 

Forest Resource Information and Analysis.—The conference 

agreement includes $5,028,000 for forest resource information and 

analysis as proposed by the Senate instead of $9,000,000 as proposed by the House. Additional information concerning the FIA 

program is under the forest and rangeland research heading. 

International Program.—The conference agreement includes 

$6,500,000 for the International program as proposed by both the 

1071 

House and the Senate. The managers agree with the Senate comments on forest sustainability and certification, but clarify that the 

Forest Service is encouraged to fund projects which promote overall 

environmental benefits provided by the use of credible, sustainable 

forest management and forest certification programs, and the Forest Service should not give a specific preference for any particular 

certification program. 

NATIONAL FOREST SYSTEM

The conference agreement provides $1,400,260,000 for the national forest system instead of $1,399,599,000 as proposed by the 

House and $1,387,149,000 as proposed by the Senate. 

Funds should be distributed as follows: 

Land management planning ................................................................. $64,057,000 

Inventory and monitoring ..................................................................... 169,659,000 

Recreation, heritage & wilderness ....................................................... 260,969,000 

Wildlife & fish habitat management .................................................... 136,647,000 

Grazing management ............................................................................ 48,711,000 

Forest products ...................................................................................... 277,097,000 

Vegetation & watershed management ................................................. 192,285,000 

Minerals and geology management ...................................................... 56,532,000 

Landownership management ................................................................ 93,427,000 

Law enforcement operations ................................................................. 87,226,000 

Vales Calderas National Preserve, NM ............................................... 3,650,000 

Centennial of Service challenge ............................................................ 10,000,000 

Total ............................................................................................. 1,400,260,000 

The following discussion describes funding changes from the 

House passed bill. 

Land Management Planning.—This activity includes $400,000 

for the senvironmental training program proposed by the Senate 

and the Senate proposed general decrease of $400,000. 

Inventory and Monitoring.—The agreement does not include a 

special allocation for multi-party monitoring, although the managers do support this activity. The managers encourage various 

groups to participate in collaborative planning and engage in monitoring and note that fund transfers for monitoring are not limited 

to groups which were participants in the planning process. 

Recreation, Heritage, and Wilderness Management.—The conference agreement includes a decrease of $1,375,000 below the 

House recommended level, which is an increase of $3,625,000 above 

the request and the Senate recommendation. The managers note 

that the current eruptive activity at Mt. St. Helens National Volcanic Monument has greatly increased the need for visitor services 

as well as media and science program support and emergency readiness. In addition, the managers note that May 18, 2005, will be 

the 25th anniversary of the catastrophic blast. The managers encourage the Forest Service to consider the use of $2,000,000 of the 

increased funding above the request for this activity to support activities at the Monument. The Forest Service should use emergency 

incident funding sources when needed during eruptive episodes to 

assure proper and safe management of the public. 

Wildlife and Fish Habitat Management.—This activity includes 

the Senate proposed increase of $250,000 for the Batten Kill River, 

VT, and a general program decrease of $125,000. 

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Forest Products.—The managers agree to the Senate proposed earmark in bill language of $5,000,000 for Tongass national forest 

timber sales preparation. The agreement does not include a special 

allocation for restoration projects as proposed by the Senate, although the managers agree that this is a very important use of 

funds and have included an increase above the request which may 

be used for such purposes. The managers clarify that the required 

report on timber sale claims proposed by the Senate should deal 

with those years where the data are available. The managers agree 

that the forestry work on the Lincoln NF, NM should be done cooperatively with the Mescalero Apache tribe when practicable and 

consistent with national forest system regulations and procedures. 

Vegetation and Watershed Management.—The managers in- clude a total of $1,000,000 for Wayne NF, OH watershed recovery 

but do not agree with the Colville NF allocation. The agreement includes Senate proposed funding of $1,000,000 for the Tongass national forest, AK, pre-commercial thinning, $350,000 for leafy 

spurge eradication in North Dakota, and a general decrease of 

$2,500,000. No specific appropriated allocation is designated for the 

Lake Tahoe basin. 

Law Enforcement.—This activity includes a decrease of 

$100,000 for Daniel Boone NF, KY, drug control. 

Valles Caldera National Preserve.—The conference agreement 

includes the funding level and bill language as proposed by the 

Senate. The managers direct the Forest Service and the board of 

the preserve to provide the House and Senate Committees on Appropriations with an annual report depicting operations, deferred 

maintenance, and capital infrastructure needs over a 5-year time 

frame. This should be prioritized, and should explain how the individual projects relate to health and safety and to other aspects of 

the preserve’s goals. The first report should be presented by April 

30, 2005, and thereafter, reports should be included in the annual 

budget justifications, and the reports should include annual summaries of past accomplishments. 

WILDLAND FIRE MANAGEMENT

The conference agreement provides $1,727,008,000 for wildland 

fire management instead of $1,734,865,000 as proposed by the 

House and $1,703,897,000 as proposed by the Senate. The managers note that Title IV also includes a special allocation of 

$400,000,000 for urgent wildfire suppression under certain circumstances. 

Wildfire Preparedness.—The agreement includes $686,000,000 

for preparedness as proposed by the Senate instead of $693,627,000 

as proposed by the House. The managers reiterate the direction 

contained in the House and Senate reports regarding the need to 

maintain the level of fire readiness accomplished in fiscal year 

2004. The managers note that the grounding of large airtankers 

this past season, and the need to assure the availability of effective 

aviation firefighting assets in fiscal year 2005 and beyond creates 

additional demands on limited wildfire preparedness and suppression funding. Accordingly, in order to assure a preparedness level 

equal to that attained in fiscal year 2004, the managers direct the 

Forest Service to charge expenses to wildfire suppression for unVerDate Aug 04 2004 07:33 Dec 01, 2004 Jkt 096906 PO 00000 Frm 01076 Fmt 6601 Sfmt 6601 E:\HR\OC\HR792.XXX HR792
1073 

planned costs related to the grounding of airtankers, and for the 

unplanned additional costs necessary to assure sufficient aviation 

resources are available to maintain initial attack capability and 

suppress wildfires. 

Wildfire Suppression Operations.—The conference agreement includes $658,000,000 for suppression operations as proposed by 

the House instead of $658,400,000 as proposed by the Senate. The 

managers have provided the full amount of the ten year average 

cost of wildfire suppression, an increase of $60,870,000 above the 

fiscal year 2004 funding level. 

The managers concur with concerns expressed in the House 

and Senate reports regarding the need to control suppression costs. 

The managers are concerned that effective performance measures 

are not in place on an inter-agency basis to report on suppression 

costs. It is imperative that the Secretaries establish appropriate 

performance metrics promptly. This includes the integration of reporting systems, implementation of policies through the Wildland 

Fire Leadership Council for cost reporting, and responding to findings of the independent cost control review panel established under 

Public Law 108–287. The managers direct the Secretaries to submit a report no later than June 30, 2005, on performance measures 

planned for implementation in fiscal year 2006 to be used on an 

inter-agency basis. In the interim, the managers have modified language for reporting wildfire suppression costs in fiscal year 2005 as 

follows: (1) Average cost per fire using a statistically representative 

sample, stratified as follows: small (<300 acres), medium (300– 

20,000 acres), and large (>20,000 acres) fires not contained in initial attack; (2) cost per acre burned, using a statistically representative sample for fires not contained in initial attack stratified by 

small, medium, and large; and (3) the percentage of fires, using a 

statistically representative sample, not contained in initial attack 

that exceed a ‘‘stratified fire cost index.’’ This index would take into 

account known fire characteristics that affect expenditures; specifically, fire intensity, size, Forest Service region and proximity to 

communities, using historical cost per acre as a basis. In addition, 

the mangers direct the Forest Service to develop and implement direction for identifying a ‘‘most cost effective’’ wildland fire situation 

analysis alternative no later than October 1, 2005, and report the 

percentage of fire events that adopt this alternative under the 

wildland fire situation analysis computer decision support system 

beginning in fiscal year 2006. 

The managers concur with the Senate direction concerning the 

preparation of a strategic plan for fire and aviation resources. The 

managers expect that the plan will indicate the costs associated 

with determining the useful life of the P–2V air tanker. 

Other Wildfire Operations.—The conference agreement includes 

$383,008,000 for other fire operation activities instead of 

$383,238,000 as proposed by the House and $359,497,000 as proposed by the Senate. The allocation of this funding is as follows: 

Program Amount 

Hazardous fuels ..................................................................................... $266,238,000 

Rehabilitation & restoration ................................................................. 13,000,000 

Research & development ....................................................................... 22,025,000 

Joint fire science .................................................................................... 8,000,000 

Forest health management—Federal ................................................... 15,000,000 

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Program Amount 

Forest health management—cooperative ............................................. 10,000,000 

State and community fire assistance ................................................... 40,745,000 

Volunteer fire assistance ....................................................................... 8,000,000 

Total other wildfire operations ...................................................... 383,008,000 

The conference agreement includes $266,238,000 for hazardous 

fuels treatments as proposed by the House and the Senate, an increase of $32,758,000 over the fiscal year 2004 level. This allocation 

includes the Senate proposals of $1,000,000 for the Chugach NF, 

AK and $1,500,000 for the Santa Fe watershed, NM. The managers 

have not included a specific amount for the Lake Tahoe basin. The 

managers have not included a specific allocation for the Ecological 

Restoration Institute, AZ, but the managers understand that the 

Forest Service plans to work with the Institute on a variety of 

projects. The managers have included bill language making up to 

$5,000,000 of hazardous fuels funds available for making grants to 

promote the economical removal of biomass from national forest 

lands. The managers direct the Forest Service to develop this program with the clear intent to make grants that will result in increased commercial use of biomass products, and which will thereby result in reduced overall hazardous fuels program costs. The 

managers further direct that a report detailing the progress of this 

effort shall be submitted to the House and Senate Committees on 

Appropriations no later than six months after the enactment of this 

Act. Bill language proposed by the House concerning hazardous 

fuels contracting authorities is deleted as recommended by the Senate because these authorities are contained within a Title III general provision. 

The conference agreement includes $13,000,000 for rehabilitation and restoration activities as proposed by the House. The managers direct that $2,000,000 be made available to the native plant 

materials program to be used in conjunction with the similar effort 

at the Department of the Interior under the joint guidance of the 

interagency plant conservation alliance. 

The conference agreement includes $22,025,000 for research 

and development activities. Changes from the House proposal include increases of $1,300,000 for the University of Montana landscape analysis center and $200,000 for the related University of 

Idaho project and a $2,475,000 general program decrease. 

The conference agreement includes $15,000,000 for Federal forest health activities and $10,000,000 for cooperative forest health 

activities as proposed by the House. These funds should be used for 

high priority work, as part of the national fire plan, to implement 

activities which restore forests and reduce wildfire danger to natural resources and communities. 

The managers have included $40,745,000 for State and community fire assistance. Changes from the House recommendation 

include increases of $2,100,000 for the Alaska Kenai Peninsula 

Borough, $1,500,000 to the Municipality of Anchorage, $1,600,000 

for the Matanuska-Susitna Borough, AK, $1,000,000 for the Fairbanks North Star Borough, AK, and $300,000 for the Cook Inlet 

tribal council, AK, and a general program decrease of $5,755,000 

below the House level as proposed by the Senate. Of the amount 

provided to the Municipality of Anchorage, $1,000,000 shall be for 

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the Anchorage Soil and Water District for its Firewise program, to 

be used solely for the removal of dead and dying trees and to the 

maximum extent possible, local contractors should be used. Each of 

the amounts in this paragraph shall be distributed in the form of 

an advance direct lump sum payment. Within the funds for State fire assistance, $200,000 should be 

provided to Lincoln County, NV. The volunteer fire assistance allocation is $8,000,000 as proposed by the House and the Senate. 

CAPITAL IMPROVEMENT AND MAINTENANCE

The conference agreement provides $521,952,000 for capital 

improvement and maintenance instead of $522,940,000 as proposed 

by the House and $516,169,000 as proposed by the Senate. The 

conference agreement provides for the following distribution of 

funds: 

Activity/Project Amount 

Facilities: 

Maintenance .................................................................................... $81,531,000 

Capital Improvement ..................................................................... 95,524,000 

Congressional Priorities: 

Allegheny NF, PA .................................................................... 2,800,000 

D. Boone NF, recreation improvements, KY ......................... 600,000 

National Forests of North Carolina ....................................... 2,500,000 

Cherokee NF, TN .................................................................... 900,000 

San Bernardino NF, CA .......................................................... 2,000,000 

Tongass Admir. NM/Juneau RD admin site, AK .................. 4,283,000 

Monongahela NF facilities, WV ............................................. 1,960,000 

Chugach NF Valdez visitor center, AK ................................. 500,000 

Smith County Lake, MS ......................................................... 500,000 

Forest products lab durability test facility, WI .................... 1,000,000 

Ouachita NF visitor center and admin, OK .......................... 1,500,000 

Mystic ranger station and research, additional funds, SD 1,200,000 

Log transfer facilities R10, AK ............................................... 1,500,000 

Chugach NF Russian River interagency visitor center, AK 1,000,000 

Chugach NF & AK railroad backcountry whistlestop, AK 1,600,000 

Daniel Boone NF Fitchburg Furnace, KY ............................. 670,000 

Subtotal Facilities ................................................................ 201,568,000 

Roads: 

Maintenance .................................................................................... 146,795,000 

Capital Improvement ..................................................................... 76,291,000 

Congressional Priorities: 

Williams River & Spruce Knob roads, WV ............................ 1,500,000 

Tongass NF, AK ...................................................................... 5,000,000 

Subtotal Road ....................................................................... 229,586,000 

Trails: 

Maintenance .................................................................................... 39,013,000 

Congressional Priorities: 

FL National Scenic Trail ........................................................ 500,000 

Continental Divide Trail ......................................................... 500,000 

Pacific Crest National Scenic Trail ........................................ 500,000 

Appalachian Trail .................................................................... 75,000 

Nez Perce Trail ........................................................................ 400,000 

North Country Trail ................................................................ 75,000 

Other National and Historic Trails ....................................... 433,000 

Capital Improvement ..................................................................... 32,778,000 

Congressional Priorities: 

FL National Scenic Trail ........................................................ 500,000 

Continental Divide Trail ......................................................... 1,000,000 

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Activity/Project Amount 

Pacific Crest Trail improvements, CA OR WA ..................... 1,000,000 

Subtotal Trails ..................................................................... 76,774,000 

Infrastructure Improvement: 

Fish Passage Barriers, R6 & R5 ................................................... 4,000,000 

Deferred Maintenance .................................................................... 10,024,000 

Subtotal Infrastructure Improvement ....................................... 14,024,000 

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

The managers agree with the overall program direction for this 

account provided by both the House and the Senate. The funds provided for the Allegheny NF include $230,000 for the Kiasutha 

campground, $1,085,000 for Kinzua wolf run marina, $285,000 for 

the Willow Creek ATV site, $200,000 for Marienville district displays, and $1,000,000 for the Bradford administrative site. The 

funds included for the Daniel Boone NF are for the London Dock 

boat ramp and completion of the Craigs Creek campground. The 

North Carolina national forests funding includes $1,000,000 for the 

Santeetlah phase III project, $500,000 for the Cradle of Forestry 

roof repairs, and $1,000,000 for the Curtis Creek recreation area, 

Wilson Creek access project. The Cherokee NF funding includes 

$400,000 for Chilhowee campground improvements, $350,000 for 

the Ocoee Whitewater Center maintenance and interpretive upgrades, and $150,000 to complete a management plan, with public 

involvement, for the Ocoee and Hiawassee Corridor. The funding 

for the San Bernardino NF is intended for the supervisor’s office. 

The Forest Service should contract with Cook Inlet Regional Corporation, for work on the Russian river interagency center. 

The managers expect that the specific allocations provided for 

the National scenic and historic trails will become part of the base 

budgets for the forests and the regions which host these important 

resources so that this detailed level of Committee oversight should 

not be required in future years. The service should continue annual 

displays of funding needs and accomplishments of these trails in 

the budget justification. 

The managers note that in several cases specific congressional 

priority projects involve maintenance, improvement, and construction of a combination of facilities, roads, and trails. Although such 

congressional priorities are reflected in a single budget line item, 

the managers expect the agency to comply with congressional intent for completion of the entire project and authorize the agency 

to move funds between budget lines within the account to complete 

projects as intended while accurately reflecting project costs. 

LAND ACQUISITION

The conference agreement provides $61,866,000 for land acquisition instead of $15,500,000 as proposed by the House and 

$82,524,000 as proposed by the Senate. 

The managers agree to the following distribution of funds: 

Area (State) Amount 

Alabama National Forests, multiple NFs (AL) ................................... $1,900,000 

Arapahoe NF: Arapaho, Miller Property (CO) .................................... 1,025,000 

Arapahoe NF: Beaver Brook Watershed (CO) ..................................... 2,000,000 

Bonneville Shoreline Trail, multiple NFs (UT) ................................... 1,800,000 

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Area (State) Amount 

Chattahoochee-Oconee NF: Georgia Mtns. Riparian Project (GA) .... 1,000,000 

Chequamegon-Nicolet NF: Wisconsin Wild Waterways (WI) ............. 3,200,000 

Cherokee NF: Tennessee Mountains (TN) ........................................... 500,000 

Chippewa/Superior NF: Minnesota Wilderness (MN) ........................ 375,000 

Coconino NF: Sedona/Red Rocks/Oak Creek (AZ) ............................... 1,800,000 

Columbia River Gorge NSA, multiple NFs (OR/WA) .......................... 1,000,000 

Custer NF: Schwend Mtn. Ranch (MT) ............................................... 1,200,000 

Daniel Boone NF (KY) ........................................................................... 1,000,000 

Flathead NF: Swan Valley (MT) .......................................................... 3,000,000 

Florida NF: Florida National Scenic Trail (FL) .................................. 2,000,000 

Florida NF: Suwannee Wildlife Corridor (FL) .................................... 2,000,000 

Great Lakes/Great Lands, multiple NFs (MI) ..................................... 1,800,000 

Greater Yellowstone Area, multiple NFs (MT/ID) .............................. 3,500,000 

Green Mountain NF (VT) ...................................................................... 1,000,000 

Helena & Lolo NFs: Blackfoot Challenge (MT) ................................... 10,000,000 

Hoosier NF: Hoosier Unique Areas (IN) .............................................. 435,000 

Idaho Wild and Scenic Rivers (Indian Creek Ranch), multiple NFs 

(ID) ...................................................................................................... 565,000 

Lolo NF: Hiawatha Trail (MT) ............................................................. 360,000 

Mark Twain NF: Ozark Mountain Streams and Rivers (MO) ........... 500,000 

Monongahela NF: Monongahela Historic Areas (WV) ........................ 270,000 

Okanogan-Wenatchee NF: I–90 Corridor (WA) ................................... 3,400,000 

Ouachita NF: Ozark St. Francis (AR) .................................................. 1,000,000 

Pacific Northwest Streams, multiple NFs (OR/WA) ........................... 1,500,000 

San Bernardino NF (CA) ....................................................................... 1,500,000 

Santa Fe Protection & Watershed, multiple NFs (NM) ..................... 1,500,000 

Shawnee NF: Illinois Disappearing Habitat (IL) ................................ 850,000 

Sierra Nevada Inholdings, multiple NFs (CA) .................................... 1,500,000 

Six Rivers NF: Goose Creek-Smith River (CA) ................................... 2,136,000 

Wasatch-Cache NF: High Uintas (UT) ................................................ 1,000,000 

White River NF: High Elk Corridor (CO) ............................................ 750,000 

Use of unobligated balances .................................................................. ¥11,000,000 

Subtotal ........................................................................................ 46,366,000 

Acquisition Management ....................................................................... 13,000,000 

Critical Inholdings/Wilderness Protection ........................................... 1,500,000 

Land Exchange Equalization Payment ................................................ 1,000,000 

Total ............................................................................................. 61,866,000 

The managers expect the Forest Service to ensure that acquisitions associated with the Blackfoot Challenge are consistent with 

Federal appraisal standards. The Forest Service should not pay 

more than the fair market value determined by those appraisals. 

ACQUISITION OF LANDS FOR NATIONAL FORESTS SPECIAL ACTS

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

both the House and the Senate. 

ACQUISITION OF LANDS TO COMPLETE LAND EXCHANGES

The conference agreement provides an indefinite appropriation 

estimated to be $234,000 for the acquisition of lands to complete 

land exchanges as proposed by both the House and the Senate. 

RANGE BETTERMENT FUND

The conference agreement provides an indefinite appropriation 

estimated to be $3,064,000 for the range betterment fund as proposed by both the House and the Senate. 

1078 

GIFTS, DONATIONS AND BEQUESTS FOR FOREST AND RANGELAND

RESEARCH

The conference agreement provides $65,000 for gifts, donations 

and bequests for forest and rangeland research as proposed by both 

the House and the Senate. 

MANAGEMENT OF NATIONAL FOREST LANDS FOR SUBSISTENCE USES

The conference agreement provides $5,962,000 for management 

of national forest system lands for subsistence uses in Alaska as 

proposed by both the House and the Senate. 

ADMINISTRATIVE PROVISIONS, FOREST SERVICE

The managers agree to the following changes to the House recommendations: 

1. The Senate language concerning abolishing or moving a regional office is included as in previous years. 

2. The House and Senate bill language is deleted which prevented funds from this Act to be used for implementing section 

8002 of the Farm Security and Rural Investment Act of 2002 (the 

Forest Land Enhancement Program). The conference agreement 

cancels $20,000,000 from this activity instead of no cancellation as 

proposed by the House and the Senate proposed cancellation of 

$40,000,000. 

3. The Senate proposed language concerning sale of facilities 

and use of receipts on the Green Mountain NF, VT is included although authority is provided for 2 years. 

4. The Senate language is included limiting Older Americans 

Act staff treatment as Federal employees to December 31, 2005. 

5. The Senate language is included concerning school payments 

for certain dependents of agency personnel in Puerto Rico. 

6. The Senate proposal concerning sale of excess buildings on 

the Wasatch-Cache NF, UT is included but provided for two years. 

7. A technical change to the aircraft authority is included 

which allows leasing of certain firefighting aircraft. 

Funds in the budget request for the e-government initiatives 

‘‘SAFECOM’’ and disaster management should be reprogrammed to 

cover fixed costs not funded in the budget. 

The managers direct the Secretaries of Agriculture and the Interior to continue the ongoing research on the success of the Resource Advisory Councils established under the 2000 Secure Rural 

Schools and Community Protection Act. 

DEPARTMENT OF ENERGY 

CLEAN COAL TECHNOLOGY

(DEFERRAL)

The conference agreement defers the availability of 

$257,000,000 in clean coal technology funds until October 1, 2005, 

as proposed by the Senate instead of a deferral of $237,000,000 as 

proposed by the House. The FutureGen program is not funded in 

this account, as proposed by the House, but is funded in the fossil 

energy research and development account. 

1079 

The managers expect the Department to include a table on the 

FutureGen program, as outlined in the House Report 108–542, in 

future budget requests for fossil energy research and development 

account. The managers make no assumptions on the future use of 

deferred clean coal technology funds. 

FOSSIL ENERGY RESEARCH AND DEVELOPMENT

The conference agreement provides $579,911,000 for fossil en- ergy research and development instead of $601,875,000 as proposed 

by the House and $542,529,000 as proposed by the Senate. The 

changes described below are to the House recommended funding 

level. 

FutureGen.—There is an increase of $18,000,000 for the 

FutureGen power plant initiative. 

Clean Coal Power Initiative.—There is a decrease of 

$55,000,000 for the clean coal power initiative. The managers note 

that funding will need to be increased substantially in fiscal year 

2006 if the program is to remain on a schedule consistent with the 

President’s clean coal initiative. 

Innovations for Existing Plants.—There is an increase of 

$1,300,000 for innovations for existing plants of which $800,000 is 

for the Research Partnership to Secure Energy for America for domestic fossil fuel research, including a thermoenergy integrated 

power system to achieve an advanced level of clean, economical 

power generation from coal, and other exploration and production 

technologies. 

Advanced Systems.—There is a decrease of $2,000,000 for gasification systems technology and an increase of $800,000 for combustion systems to complete the Environmental Control Technology 

Laboratory project at Western Kentucky University, including research leading to zero emissions for combustion systems. 

Fuels.—In transportation fuels and chemicals, there is an increase of $1,000,000 in the coal to liquids program to expand small 

footprint plant conversion technology and an increase of $3,000,000 

in the solid fuels and feedstocks program to build on hydrogen from 

coal efforts with the University of North Dakota Energy and Environmental Research Center. There is also a general program decrease of $1,500,000 for hydrogen from coal research. In advanced 

fuels research, there is a decrease of $500,000 for C–1 chemistry. 

Advanced Research (Coal).—In coal utilization science, there 

are increases of $4,000,000 for the Center for Zero Emissions Coal 

Research, and $1,000,000 for the Arctic Energy Office, which continues that program at last year’s level. 

Distributed Generation Systems/Fuel Cells.—In advanced research, there is an increase of $5,000,000 for HiTEC, and a general 

reduction of $3,000,000 below the House proposed level. In systems 

development, there is a decrease of $2,700,000. Funding provided 

in systems development completes the molten carbonate fuel cell/ 

hybrid project. In vision 21 hybrids, this will be the last year of 

funding for the tubular solid oxide fuel cell program. In innovative 

concepts, there is a $5,000,000 increase to initiate a competitively 

awarded turbine hybrid integration program. 

Natural Gas Exploration and Production.—In natural gas ex- ploration and production, there are increases of $1,500,000 for naVerDate Aug 04 2004 07:33 Dec 01, 2004 Jkt 096906 PO 00000 Frm 01083 Fmt 6601 Sfmt 6601 E:\HR\OC\HR792.XXX HR792
1080 

tional laboratory/industry partnerships and $4,000,000 for the Arctic Energy Office (an increase of $1,000,000 above last year’s level), 

and decreases of $3,000,000 for advanced drilling completion and 

stimulation and $1,000,000 for liquefied natural gas research. 

Natural Gas Infrastructure.—In natural gas infrastructure, 

there is an increase of $1,371,000 for delivery reliability research. 

Effective Environmental Protection (Natural Gas).—In effective 

environmental protection, there is an increase of $1,000,000 to continue and expand research on coal bed methane, including produced water research. 

Oil Technology/Exploration and Production.—In oil technology 

exploration and production, there is an increase of $1,500,000 for 

national laboratory/industry partnerships and a decrease of 

$500,000 for reservoir efficiency. The managers note that the Arctic 

Energy Office is funded at last year’s level of $2,000,000. 

Reservoir Life Extension.—There is a decrease of $1,000,000 for 

domestic resource conservation in the reservoir life extension program. 

Effective Environmental Protection (Oil).—There is a decrease 

of $300,000 for environmental science in the effective environmental protection program. 

Other Programs.—In cooperative research and development, 

there is an increase of $1,065,000. In environmental restoration, 

there is a decrease of $1,000,000. 

Bill Language.—Bill language is included providing for the use 

of $18,000,000 for the FutureGen program as proposed by the Senate. The House included language under the clean coal technology 

account. 

Language also is included earmarking $50,000,000 for the 

clean coal power initiative as proposed by the Senate instead of 

$105,000,000 as proposed by the House. The managers note that 

funding for the clean coal power initiative will need to be increased 

substantially in fiscal year 2006 to keep this initiative on schedule. 

The managers agree to the following: 

1. The table required by the House (under the clean coal technology heading) detailing the history and annual budget request for 

FutureGen should be included in future budget requests for fossil 

energy research and development. 

2. Within available funds, the director of the National Energy 

Technology Laboratory, in cooperation with the heads of the Strategic Petroleum Reserve and the Naval Petroleum and Oil Shale 

Reserves, should evaluate the viability of developing oil shale reserves, with emphasis on available technologies, and on cost and 

environmental impacts, and report the findings to the House and 

Senate Committees on Appropriations no later than May 1, 2005. 

3. Within the funds provided for sequestration research and 

development, the Department should consider oxygen fuel technology currently being tested by DOE’s Albany Research Center. 

4. Research efforts through the National Science Foundation 

industry-university cooperative research center for fuel cell research, SC, should be considered in the energy conservation account. 

1081 

NAVAL PETROLEUM AND OIL SHALE RESERVES

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

the Senate. 

ELK HILLS SCHOOL LANDS FUND

The conference agreement provides $36,000,000 to become 

available on October 1, 2005, for the 7th payment to the Elk Hills 

School Lands Fund as proposed by both the House and the Senate. 

Bill Language.—Bill language is included referencing the settlement agreement of October 11, 1996, between the State of California and the Department of Energy as proposed by the House. 

The Senate did not reference the specific agreement. 

ENERGY CONSERVATION

The conference agreement provides $649,092,000 for energy 

conservation instead of $656,071,000 as proposed by the House and 

$854,299,000 as proposed by the Senate. The House bill did not include funding for the weatherization assistance program because 

funding and jurisdiction for that program were transferred to the 

Appropriations Subcommittee on Labor, Health and Human Services, Education and Related Agencies in the House of Representatives. The changes described below are to the House recommended 

funding level. 

Vehicle Technologies.—In simulation and validation, there is a 

decrease of $200,000. In advanced power electronics, there is a decrease of $400,000. In the advanced combustion engine program, 

there is a decrease of $1,000,000 for combustion and emission control, an increase of $2,300,000 for heavy truck engine research, and 

an increase of $2,000,000 for turbocharger research in the waste 

heat recovery program. In materials technology, there is a decrease 

of $500,000 for the Vulcan Beam Line payment as part of the high 

temperature materials laboratory program. In fuels technology, 

there is a decrease of $1,000,000 for advanced petroleum based 

fuels and, in the non-petroleum fuels and lubes program, there is 

an increase of $2,400,000 for renewable and synthetic fuels and a 

decrease of $700,000 for heavy truck research. There is also a decrease of $1,000,000 in the environmental impacts program. 

Fuel Cell Technologies.—In distributed energy systems, there is a decrease of $500,000. In stack component research and development, there is a decrease of $1,500,000 for catalyst-specific research and an increase of $7,000,000 for other stack component research. 

Weatherization and Intergovernmental Assistance.—There is a 

decrease of $300,000 for State energy program grants. In gateway 

deployment, there are decreases of $1,000,000 for Rebuild America 

and $1,000,000 for building codes training and technical assistance, 

and an increase of $250,000 for the energy star program. 

Funding for the weatherization assistance program is addressed in a separate portion of this Act. 

Distributed Energy Resources.—In distributed energy resources, there are decreases of $500,000 for microturbines, 

$200,000 for advanced materials and sensors, and $800,000 for 

1082 

thermally activated technology. In applications integration, there is 

a decrease of $500,000 for fuel flexibility in distributed generation 

systems, with the understanding that the balance of the funding 

will be used for combustion work, and an increase of $1,000,000 for 

the national accounts energy alliance. 

Building Technologies.—In residential buildings integration, there is an increase of $1,000,000 for the Building America program and a decrease of $250,000 for residential building energy 

codes. In commercial buildings integration, there is a decrease of 

$250,000 for commercial building energy codes. In emerging technologies, there is an increase of $1,500,000 for the solid state lighting initiative and a decrease of $400,000 for space conditioning and 

refrigeration, and, in the building envelope program, there is a decrease of $400,000 for thermal insulation and building materials 

and an increase of $750,000 for windows research. In equipment 

and analysis, there is an increase of $750,000 for appliance standards. There is also an increase of $500,000 for oil heat research. 

Industrial Technologies.—In industries of the future (specific), decreases include $1,700,000 for forest and paper products, 

$1,000,000 for steel, $1,000,000 for aluminum, $52,000 for metal 

casting, $700,000 for glass, $2,800,000 for chemicals, $700,000 for 

mining, and $27,000 for supporting industries. In industries of the 

future (crosscutting) there is a decrease of $550,000 for industrial 

assessment centers. 

Biomass and Biorefinery Systems.—In biomass and biorefinery systems, there is a decrease of $5,000,000 for gasification programs. 

Federal Energy Management Program.—There is an increase of 

$500,000 for the Federal Energy Management Program. 

Other.—There is a decrease of $1,000,000 for cooperative programs with States. The managers expect that management of the 

Rebuild America program will be assumed by the State Technologies Advancement Collaborative in fiscal year 2005 and anticipate that there will be synergies between these programs. 

Bill Language.—The conference agreement earmarks 

$44,798,000 for State energy conservation grants instead of 

$45,098,000 as proposed by the House and $43,798,000 as proposed 

by the Senate. 

The managers agree to the following: 

1. Within the funds provided for fuel cell technology, the Department should consider expanding the Porvair project. 

2. The managers are aware of positive test results, provided to 

the Department, on a non-precious metal, tungsten oxide, PEM fuel 

cell, cathode catalyst. These results are promising from the standpoints of performance and non-degradation. The Department is 

strongly encouraged to fund further characterization and optimization of this cathode catalyst. 

3. In distributed energy resources, the funding provided for 

thermally activated technology is to complete the existing residential generator absorber heat exchanger heat pump program. 

4. The Rebuild America program is to be managed by the State 

Technologies Advancement Collaborative. The Department should 

move quickly to facilitate the transfer of administrative management for this program to STAC. The managers are pleased with 

1083 

STAC’s management of the cooperative programs with the States 

and believe that the Rebuild America program will benefit from 

STAC management. The Department should examine other programs for potential STAC involvement in fiscal year 2005. 

5. The new solicitation for off-highway research is not meant 

to eliminate funding for cooperative research and development 

agreements. The Department should consult with the House and 

Senate Committees on Appropriations on the appropriate distribution of funds between the new solicitation and CRADAs. 

6. Within the funds provided for materials technology in the 

vehicle technologies program, research should be continued and expanded on thermoplastic composite materials and manufacturing 

infrastructure. 

7. In the industrial materials for the future program, 

$1,000,000 should continue to be provided to the Metals Processing 

Laboratory Users Facility. 

8. The managers understand that the Department will soon 

issue an Exceptional Circumstances Determination with regard to 

solid state lighting core technology research, with the purpose of facilitating favorable access to the resulting intellectual property by 

members of the Next Generation Lighting Industry Alliance. This 

access is in exchange for the active work for the Alliance in using 

its experience and expertise to bring a manufacturing and commercial focus to the solid state lighting project portfolio, as stipulated 

in the competitive solicitation by which the Alliance was selected. 

The managers support this arrangement and believe it will facilitate the deployment of solid state lighting technologies and accelerate reductions in electrical energy consumption. 

9. The managers support the reprogramming of necessary 

funds to support program administration costs at the National Energy Technology Laboratory. The Committees approved a reprogramming for this purpose in 2004 and realize that further internal reprogrammings will be necessary in 2005. The Committees 

expect the Department to realign its budget to reflect the appropriate levels of funding for this purpose in the 2005 funding column 

of the fiscal year 2006 budget request. The Department should consult with the Committees prior to the budget submission. 

STRATEGIC PETROLEUM RESERVE

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

Senate. 

NORTHEAST HOME HEATING OIL RESERVE

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

the Senate. 

ENERGY INFORMATION ADMINISTRATION

The conference agreement provides $85,000,000 for the energy 

information administration as proposed by the House instead of 

$84,000,000 as proposed by the Senate. 

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ADMINISTRATIVE PROVISIONS, DEPARTMENT OF ENERGY

The conference agreement retains the House bill language 

dealing with the use of receipts by the Department of Energy. 

DEPARTMENT OF HEALTH AND HUMAN SERVICES 

INDIAN HEALTH SERVICE

INDIAN HEALTH SERVICES

The conference agreement provides $2,633,072,000 for Indian health services instead of $2,628,322,000 as proposed by the House 

and $2,633,624,000 as proposed by the Senate. The changes described below are to the House recommended funding level. 

Hospital and Health Clinic Programs.—In hospital and clinic programs, there is a decrease of $3,750,000 for the Indian health 

care improvement fund and an increase of $500,000 for staffing at 

the King Cove, AK, clinic. 

Contract Health Care.—There is an increase of $8,000,000 for 

contract health care. 

Bill Language.—The conference agreement earmarks $487,085,000 for contract health care instead of $479,085,000 as 

proposed by the House and $491,085,000 as proposed by the Senate. The conference agreement modifies language, proposed by the 

Senate, earmarking funds for alcohol control, enforcement, prevention, treatment, sobriety and wellness, and education programs in 

Alaska. The modification provides $15,000,000 for these programs 

instead of $16,000,000 and permits the use of 15 percent of funds 

for administrative overhead instead of 10 percent. The House had 

no similar provision. The distribution of funds proposed by the Senate is modified to provide $8,000,000 to Alaska Native regional organizations, with $2,000,000 (rather than $3,000,000) to be divided 

among the remaining organizations as specified in item (5) in the 

Senate report. Item (a) in the Senate report is revised as follows: 

(a) $2,000,000 shall be provided as a direct lump sum payment to 

the State of Alaska Department of Public Safety to distribute on 

a timely basis to Alaska Native non-profit corporations to operate 

the Village Public Safety Officer Program. 

The managers agree to the following: 

1. The Service should reprogram the increases provided for pay 

cost increases so that there is an equitable distribution across all 

Federal and tribal programs. 

2. The Recruitment of American Indians into Nursing program 

at the University of North Dakota is funded at last year’s level, 

which includes the $95,000 provided in fiscal year 2003. 

3. The Service should provide a report on the use of funds to 

date for the special alcohol and substance control, enforcement, 

prevention, treatment, sobriety and wellness, and education programs in Alaska. The report should be provided no later than 60 

days after enactment of this Act. This progress report was due to 

the House and Senate Committees on Appropriations on January 

15, 2004, and the managers find the Service’s lack of response totally unacceptable. 

4. The Alaska Federal Health Care Access Network is funded 

at last year’s level. 

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INDIAN HEALTH FACILITIES

The conference agreement provides $394,048,000 for Indian health facilities instead of $405,048,000 as proposed by the House 

and $364,148,000 as proposed by the Senate. 

The managers agree to the following distribution of funds: 

Project Amount 

Barrow Hospital, AK ............................................................................. $3,000,000 

Clinton, OK clinic .................................................................................. 19,300,000 

Eagle Butte, SD clinic ........................................................................... 5,000,000 

Fort Belknap, MT staff quarters .......................................................... 5,000,000 

Joint Ventures (using existing list) ...................................................... 4,800,000 

Mobile dental units ................................................................................ 1,000,000 

New health clinic planning and design ................................................ 1,000,000 

Phoenix Indian Medical Center, AZ ..................................................... 4,000,000 

Red Mesa, AZ health center .................................................................. 19,382,000 

Sisseton, SD health center .................................................................... 17,300,000 

Small ambulatory facilities ................................................................... 5,000,000 

Wagner, SD staff quarters .................................................................... 2,538,000 

Zuni, NM staff quarters ........................................................................ 2,525,000 

Subtotal ........................................................................................ 89,845,000 

Other: 

Maintenance and improvement ..................................................... 49,897,000 

Sanitation facilities ........................................................................ 93,158,000 

Facilities and environmental health support ............................... 143,567,000 

Equipment ....................................................................................... 17,581,000 

Total ............................................................................................. 394,048,000 

Bill Language.—The conference agreement includes language 

proposed by the Senate permitting the use of funds for the purchase of land for replacement of the health care facility in Barrow, 

Alaska. The House had no similar provision. 

The conference agreement modifies language proposed by the 

House permitting the use of funds to purchase land for the northern and southern California youth regional treatment centers for 

alcohol and substance abuse. The modification specifies that such 

land should be purchased using prior year unobligated funds. The 

Senate had no similar provision. 

Bill language, proposed by the Senate, authorizing the construction of a replacement health care facility in Nome, Alaska is 

not included but the managers note that this project should be considered in future budget requests. 

The managers agree to the following: 

1. The funds provided for the Barrow, AK hospital are for land 

acquisition and planning. The total estimated cost of the facility is 

$125 million. 

2. The Service should finalize the site selections for the northern and southern California youth regional treatment centers for 

alcohol and substance abuse and, after the sites are selected, include funds in the budget request for construction of these facilities. 

3. The funds included for the Eagle Butte, SD, clinic are for 

site preparation. 

4. The total estimated cost of the Fort Belknap, MT, staff quarters project is $8,300,000. The $5,000,000 provided for fiscal year 

2005 should be used to construct staff quarters in Harlem, MT. 

Funding for staff quarters in Hayes, MT, should be included in the 

fiscal year 2006 budget request. 

1086 

5. Funds for the Phoenix Indian Medical Center, AZ, are for 

the design of a southwest clinic and a southeast clinic. 

6. The funds for new health clinic planning and design are to 

initiate design of the San Carlos, AZ, clinic and the Kayenta, AZ, 

clinic. The Service recently approved the program justification documents for these two facilities. 

7. The Service should move quickly to issue a new solicitation 

for small ambulatory care facilities. There should be a 30-day tribal 

comment period prior to issuance of the final solicitation. 

8. The Service has informed the Committees that the funds 

provided for the Sisseton, SD, clinic should be sufficient to complete this project. 

ADMINISTRATIVE PROVISIONS, INDIAN HEALTH SERVICE

The conference agreement continues language, included in the 

fiscal year 2004 appropriation, as proposed by the House, prohibiting the imposition of certain staffing restrictions on the Indian 

Health Service. 

The conference agreement modifies language proposed by the 

House, permitting the use of third party collections for the purchase of land for expansion of the IHS hospital in Tahlequah, OK 

subject to advance approval by the House and Senate Committees 

on Appropriations. The modification retains the original text and 

adds language authorizing permanent service unit status for the 

Tulsa and Oklahoma City pilot health programs. 

OTHER RELATED AGENCIES 

OFFICE OF NAVAJO AND HOPI INDIAN RELOCATION

SALARIES AND EXPENSES

The conference agreement provides $5,000,000 for salaries and 

expenses of the Office of Navajo and Hopi Indian Relocation as proposed by the Senate instead of $11,000,000 as proposed by the 

House. The managers understand that there are large carryover 

balances in this program that can be used to continue the program 

in fiscal year 2005. 

INSTITUTE OF AMERICAN INDIAN AND ALASKA NATIVE CULTURE AND

ARTS DEVELOPMENT

PAYMENT TO THE INSTITUTE

The conference agreement provides $6,000,000 for payment to 

the institute as proposed by both the House and the Senate. 

Bill Language.—The conference agreement retains Senate language that allows up to $1,000,000 of the funding to be used for 

the institute’s learning center. 

SMITHSONIAN INSTITUTION

SALARIES AND EXPENSES

The conference agreement provides $495,925,000 for salaries 

and expenses of the Smithsonian Institution instead of 

$496,925,000 as proposed by the House and $490,125,000 as proVerDate Aug 04 2004 07:33 Dec 01, 2004 Jkt 096906 PO 00000 Frm 01090 Fmt 6601 Sfmt 6601 E:\HR\OC\HR792.XXX HR792
1087 

posed by the Senate. The change to the House level is the result 

of a reduction to the proposed increase of $1,000,000 for program 

support and major scientific instrumentation. 

FACILITIES CAPITAL

The conference agreement provides $127,900,000 for facilities 

capital instead of $122,900,000 as proposed by the House and 

$136,900,000 as proposed by the Senate. The change to the House 

level is the result of an increase of $5,000,000 for revitalization 

work at the National Zoological Park. The managers understand 

that most, if not all, of these funds will be used for the Asia Trail 

exhibit. Language included in the House bill allowing for the transfer of funds from the former construction and repair, restoration 

and alteration of facilities accounts to the facilities capital account 

has been removed in the assumption that all such transfers have 

been made and the language is no longer necessary. 

ADMINISTRATIVE PROVISIONS, SMITHSONIAN INSTITUTION

The conference agreement continues the administrative provisions included in the House bill that place restrictions on the use 

of funds for (1) the design of new or expanded facilties; (2) Holt 

House; (3) the purchase of buildings; and (4) compliance with reprogramming procedures. The House provision regarding changes 

to the Smithsonian’s science programs has been amended by omitting reference to the Science Commission’s recommendations, 

which were approved by the Board of Regents, and including a requirement of advance approval from the House and Senate Committees on Appropriations in agreement with current reprogramming guidelines. 

NATIONAL GALLERY OF ART

SALARIES AND EXPENSES

The conference agreement provides $93,000,000 for salaries 

and expenses of the National Gallery of Art as proposed by the 

House instead of $92,119,000 as proposed by the Senate. 

REPAIR, RESTORATION AND RENOVATION OF BUILDINGS

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

JOHN F. KENNEDY CENTER FOR THE PERFORMING ARTS

OPERATIONS AND MAINTENANCE

The conference agreement provides $17,152,000 for operations 

and maintenance of the Kennedy Center as proposed by both the 

House and the Senate. 

Based on recent recommendations from the General Accounting Office, the managers direct the Kennedy Center to annually update the comprehensive building plan as required by the John F. 

Kennedy Center Act Amendments of 1994 and include the 

prioritization of projects, individual project status, and detailed 

1088 

budget information for both planned and ongoing projects. The plan 

has not been updated since 2002. 

The requirement to develop and annually update a comprehensive building plan was intended to help improve management of 

the Kennedy Center’s capital projects, help reduce the public costs 

of operating and maintaining the facility, and ensure accountability 

for the cost and schedule of the projects. 

CONSTRUCTION

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

by the House. 

WOODROW WILSON INTERNATIONAL CENTER FOR SCHOLARS

SALARIES AND EXPENSES

The conference agreement provides $8,987,000 for salaries and 

expenses of the Woodrow Wilson International Center for Scholars 

as proposed by both the House and the Senate. 

NATIONAL FOUNDATION ON THE ARTS AND THE 

HUMANITIES 

NATIONAL ENDOWMENT FOR THE ARTS

GRANTS AND ADMINISTRATION

The conference agreement provides $122,972,000 for grants 

and administration of the National Endowment for the Arts instead 

of $130,972,000 as proposed by the House and $120,972,000 as proposed by the Senate. The agreement provides $2,000,000 for the 

new American Masterpieces initiative. 

NATIONAL ENDOWMENT FOR THE HUMANITIES

GRANTS AND ADMINISTRATION

The conference agreement provides $123,877,000 for grants 

and administration of the National Endowment for the Humanities, instead of $125,877,000 as proposed by the House and 

$119,386,000 as proposed by the Senate. The change to the House 

recommended level is a decrease of $2,000,000 to the We the People 

initiative. When combined with amounts provided within the 

Matching Grants account that follows, the total recommended funding level for the NEH for fiscal year 2005 is $139,999,000, an increase of $4,689,000 above the current year enacted level. 

MATCHING GRANTS

The conference agreement provides $16,122,000 for matching 

grants as proposed by the House instead of $15,924,000 as proposed by the Senate. 

1089 

COMMISSION OF FINE ARTS

SALARIES AND EXPENSES

The conference agreement provides $1,793,000 for salaries and 

expenses of the Commission of Fine Arts as proposed by the House 

and the Senate. 

NATIONAL CAPITAL ARTS AND CULTURAL AFFAIRS

The conference agreement provides $7,000,000 for national 

capital arts and cultural affairs as proposed by the House instead 

of $6,000,000 as proposed by the Senate. 

ADVISORY COUNCIL ON HISTORIC PRESERVATION

SALARIES AND EXPENSES

The conference agreement provides $4,600,000 for salaries and 

expenses of the Advisory Council on Historic Preservation as proposed by both the House and the Senate. 

NATIONAL CAPITAL PLANNING COMMISSION

SALARIES AND EXPENSES

The conference agreement provides $8,000,000 for salaries and 

expenses of the National Capital Planning Commission as proposed 

by the Senate instead of $7,999,000 as proposed by the House. 

UNITED STATES HOLOCAUST MEMORIAL MUSEUM

HOLOCAUST MEMORIAL MUSEUM

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

PRESIDIO TRUST

PRESIDIO TRUST FUND

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

TITLE III—GENERAL PROVISIONS 

The conference agreement retains identical provisions in sections 301–309 of both the House and Senate bills. 

Sec. 310. The conference agreement retains the language proposed in section 310 of the Senate bill providing one-year authority, 

as in past years, for the collection and use of private funds by the 

National Endowment for the Arts and the National Endowment for 

the Humanities. The House had a similar provision in section 310 

of the House bill but it extended through 2009. 

Sec. 311. The conference agreement retains the one-year authority, similar to previous years, proposed in section 311 of the 

Senate bill directing the National Endowment for the Arts on funding distribution. The House had a similar provision in section 311 

of the House bill but it extended through 2009. 

1090 

The conference agreement retains identical provisions in sections 312–316 of both the House and Senate bills. 

Sec. 317. The conference agreement continues the provision in 

section 317 of the Senate bill addressing timber sales involving 

Alaska western red cedar for one year as was done previously. The 

House had no similar provision. 

Sec. 318. The conference agreement modifies language proposed in section 317 of the House bill and in section 332 of the Senate bill concerning the Forest Service reforestation fund. The conference agreement does not contain bill language stating that the 

four purposes of the reforestation fund are of equal priority but the 

Forest Service should not give overall priority to one particular 

purpose over the others. The managers note that the Knutson-Vandenberg Act was amended in 1976 to allow the use of timber purchaser funds for: (1) planting trees, (2) sowing with tree seeds, (3) 

cutting or removing undesirable trees or other growth to improve 

future timber growth, and (4) protecting and improving the future 

productivity of the renewable resources of the forest land, including 

sale area improvement operations maintenance and construction, 

reforestation, and wildlife habitat management. The managers 

stress that, in selecting activities to be funded using the KV fund, 

the Secretary shall give, to the maximum extent practicable, equal 

importance to all four of these purposes. The Forest Service should 

not withhold funding for one or another of these purposes, but 

rather, decisions should be made forest by forest and project by 

project as to what are the most important conservation efforts. 

Sec. 319. The conference agreement retains a provision in section 318 of the House bill continuing a provision prohibiting the 

Forest Service from using projects under the recreation fee demonstration program to supplant existing concessions. The Senate 

had an identical provision in section 318 of the Senate bill. 

Sec. 320. The conference agreement retains the language proposed in section 319 of the Senate bill, as was in previous Acts, regarding the Forest Service land management planning revision requirements. The House had a similar provision in section 319 of 

the House bill. 

Sec. 321. The conference agreement retains a provision in section 320 of the House bill continuing a provision limiting 

preleasing, leasing, and related activities within the boundaries of 

national monuments. The Senate had an identical provision in section 320 of the Senate bill. 

Sec. 322. The conference agreement retains the language proposed in section 321 of the Senate bill extending the Forest Service 

Conveyances Pilot Program for two more years. The House had a 

similar provision in section 321 of the House bill. The managers 

are pleased with the operation of this program by the Forest Service and request that its management continue as in the past. 

Sec. 323. The conference agreement replaces a provision in sections 322 of both the House and Senate bills. The new provision 

makes a technical correction to the Harriet Tubman Special Resource Study Act. 

Sec. 324. The conference agreement retains a provision in section 323 of the House bill continuing a provision providing the Secretary of the Interior and the Secretary of Agriculture the authorVerDate Aug 04 2004 07:33 Dec 01, 2004 Jkt 096906 PO 00000 Frm 01094 Fmt 6601 Sfmt 6601 E:\HR\OC\HR792.XXX HR792
1091 

ity to enter into reciprocal agreements with foreign nations concerning the personal liability of firefighters. The Senate had an 

identical provision in section 323 of the Senate bill. 

Sec. 325. The conference agreement retains a provision in section 324 of the House bill allowing the Eagle Butte Service Unit 

of the Indian Health Service to utilize health care funding in a 

more efficient manner. The Senate had an identical provision in 

section 324 of the Senate bill. 

Sec. 326. The conference agreement retains a provision in section 325 of the House bill continuing a provision prohibiting the 

transfer of funds to other agencies other than as provided in this 

Act. The Senate had an identical provision in section 325 of the 

Senate bill. 

Sec. 327. The conference agreement retains a provision in section 326 of the House bill carried in previous years limiting funds 

for oil or gas leasing or permitting on the Finger Lakes National 

Forest, NY. The Senate had no similar provision. 

Sec. 328. The conference agreement retains the language proposed in section 326 of the Senate bill allowing the Secretary of Agriculture and the Secretary of the Interior to consider local contractors when awarding contracts for certain activities on public lands. 

The House had a similar provision in section 328 of the House bill. 

Sec. 329. The conference agreement retains a provision in section 329 of the House bill continuing a provision which limits the 

use of funds for filing declarations of taking or condemnations. This 

provision does not apply to the Everglades National Park Protection and Environmental Act. The Senate had an identical provision 

in section 327 of the Senate bill. 

Sec. 330. The conference agreement modifies a provision in section 328 of the Senate bill concerning judicial review of timber 

sales in Region 10 of the Forest Service; this authority is provided 

for one year. The House had no similar provision. 

Sec. 331. The conference agreement retains a provision in section 330 of the House bill restricting the Forest Service use of the 

Recreation Fee Demonstration program to certain developed sites. 

The Senate had no similar provision. 

Sec. 332. The conference agreement modifies the language proposed in section 331 of the House bill providing guidance on competitive sourcing activities and clarifying annual reporting requirements to specify the reporting of the full costs associated with 

sourcing studies and related activities. The Senate had a similar 

provision in section 329 of the Senate bill. 

Sec. 333. The conference agreement retains a provision in section 332 of the House bill requiring overhead charges, deductions, 

reserves or holdbacks to be presented in annual budget justifications, with changes presented to the Appropriations Committees for 

approval. The Senate had an identical provision in section 330 of 

the Senate bill. 

Sec. 334. The conference agreement modifies a provision in section 331 of the Senate bill prohibiting the transfer of funds for 

SAFECOM and Disaster Management projects. The House had a 

more restrictive provision in section 333 of the House bill. 

Sec. 335. The conference agreement retains a provision in section 334 of the House bill, with a minor technical modification, auVerDate Aug 04 2004 07:33 Dec 01, 2004 Jkt 096906 PO 00000 Frm 01095 Fmt 6601 Sfmt 6601 E:\HR\OC\HR792.XXX HR792
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thorizing the conveyance of land within the San Bernardino National Forest, CA. The Senate had no similar provision. 

Sec. 336. The conference agreement retains a provision in section 335 of the House bill encouraging cooperative hazardous fuels 

projects with the State of Colorado and the Forest Service, and extending this authority to the Bureau of Land Management. The 

Senate had no similar provision. 

Sec. 337. The conference agreement retains a provision in section 333 of the Senate bill allowing the State of Utah, through contracts or cooperative agreements with the Forest Service, to perform certain activities on Forest Service lands. The House had no 

similar provision. 

Sec. 338. The conference agreement modifies a provision in section 335 of the Senate bill requiring that contact centers associated 

with the national recreation reservation service be located within 

the United States. The House had no similar provision. 

Sec. 339. The conference agreement modifies a provision in section 339 of the Senate bill allowing categorical exclusions for certain Forest Service grazing allotments. The House had no similar 

provision. 

Sec. 340. The conference agreement retains a provision in section 340 of the Senate bill amending Public Law 90–542 regarding 

certain hunting camps on the Salmon River. The House had no 

similar provision. The managers note that this provision establishes use and occupancy as of June 6, 2003, for three special use 

permits. The purpose of this language is to clarify the legislative 

intent of the Central Idaho Wilderness Act and the inclusion of the 

three hunting camps as an existing use. The managers understand 

that all future modifications to these camps will be such that the 

camps retain their basic characteristics and the modifications do 

not substantially alter the existing scope of use. 

Sec. 341. The conference agreement retains a provision in section 341 of the Senate bill allowing the Eastern Nevada Landscape 

Coalition to enter into agreements with the Department of the Interior and the Department of Agriculture. The House had no similar provision. 

Sec. 342. The conference agreement retains a provision in section 342 of the Senate bill conveying certain lands in the Tongass 

National Forest to the Community of Elfin Cove, Alaska. The 

House had no similar provision. 

Sec. 343. The conference agreement modifies a provision in section 343 of the Senate bill providing a three-year (versus a permanent) extension of a prohibition on Alaska Native villages assuming 

administration of health services contracts, and clarifying that 

Eastern Aleutian Tribes, Inc. be considered an Alaska Native regional health entity for purposes of disbursement of funds. The 

House had no similar provision. 

Sec. 344. The conference agreement modifies a provision in section 344 of the Senate bill providing for the use of previously appropriated funds for the acquisition of lands for the construction of 

the Seward, Alaska Interagency Center. 

Sec. 345. The conference agreement includes a new provision 

to extend the Forest Service rights-of-way cost recovery authority 

originally provided in fiscal year 2000. 

1093 

Sec. 346. The conference agreement includes a new provision 

to provide for the conveyance of the Sandpoint Federal Building 

and associated land in Sandpoint, Idaho. 

Sec. 347. The conference agreement includes a new provision 

authorizing the Secretary of Agriculture to carry out a national forest land exchange in the State of Florida. 

Sec. 348. The conference agreement includes a new provision 

designating the Grey Towers National Historic Site in the Commonwealth of Pennsylvania. 

Sec. 349. The conference agreement includes a new provision 

to adjust the boundaries of the Helena, Lolo, and BeaverheadDeerlodge National Forests in the State of Montana. 

Sec. 350. The conference agreement includes a new provision 

for a $5,000,000 grant to Kendall County, Illinois. 

The conference agreement does not include a provision proposed in section 327 of the House bill limiting the use of funds for 

the planning, design, or construction of improvements to Pennsylvania Avenue in front of the White House. 

The conference agreement does not include a provision proposed in section 334 of the Senate bill exempting certain local residents from paying fees under the Recreation Fee Demonstration 

program on the White Mountain National Forest. 

The conference agreement does not include a provision proposed in section 336 of the Senate bill amending the Alaska National Interest Lands Conservation Act to allow for fishery management and enhancement projects in additional wilderness areas in 

Alaska. 

The conference agreement does not include a provision proposed in section 337 of the Senate bill allowing Alaska residents 

with subsistence rights who are aged, infirm, or disabled to designate another individual to engage in subsistence activities for 

them and to reimburse such designated person. 

The conference agreement does not include a provision on Missouri River water levels proposed by the Senate in section 338 of 

the Senate bill. 

TITLE IV—SUPPLEMENTAL APPROPRIATIONS FOR URGENT 

WILDLAND FIRE SUPPRESSION ACTIVITIES 

The conference agreement includes supplemental appropriations for the Department of the Interior and the Forest Service that 

provide an additional $500,000,000 in wildland fire suppression 

funds. This includes $100,000,000 for the Department of the Interior and $400,000,000 for the Department of Agriculture. 

The conference agreement does not include the provisions included in Title IV, Chapter 1 of the House bill that provided supplemental appropriations for the Department of the Interior and 

the Forest Service in fiscal year 2004. These funds were included 

in the fiscal year 2005 Department of Defense appropriation passed 

earlier this year (P. L. 108–287, Title X, Chapter 3). 

The purpose of this account is to provide funds so firefighting 

can continue during a severe fire season without the need to borrow from other land management accounts to pay for wildfire suppression. The conference agreement still contains authority for each 

1094 

Secretary, as appropriate, to utilize funds from other accounts 

under their jurisdiction, if all firefighting funds are exhausted. 

The conference agreement retains language from the Senate 

bill providing that these funds will become available only if the 

funds provided in Titles I and II of this Act will be exhausted imminently and the House and Senate Committees on Appropriations 

and the Budget are notified. The managers understand that the urgent wildland fire suppression funding is only available because 

the conference agreement provides the full 10-year average cost of 

fire suppression in Titles I and II. 

The conference agreement modifies language contained in the 

House bill that allows funds in this title to be transferred to other 

Interior and Forest Service accounts, as appropriate, to repay 

amounts that have been borrowed during wildland fire suppression 

crises. 

The managers are very concerned about the high cost of fire 

suppression and have included a number of cost containment measures in this Act. The conference agreement modifies language included in the House bill that directs the Secretary of the Interior 

and the Secretary of Agriculture to submit a report that outlines 

the specific cost containment measures that are being implemented 

to contain wildland fire suppression costs. The managers expect to 

receive a single, joint report from both Secretaries. 

The conference agreement allows unused funds from each Department’s fiscal year 2004 wildland fire management appropriation to be used in subsequent years for future urgent wildfire suppression activities. 

DEPARTMENT OF THE INTERIOR 

BUREAU OF LAND MANAGEMENT

WILDLAND FIRE MANAGEMENT

The conference agreement provides an additional amount of 

$100,000,000 for Wildland Fire Management, for urgent wildfire 

suppression activities as described above. 

DEPARTMENT OF AGRICULTURE 

FOREST SERVICE

WILDLAND FIRE MANAGEMENT

The conference agreement includes an additional amount of 

$400,000,000 for Wildland Fire Management, for urgent wildfire 

suppression activities as described above. 

The conference agreement includes language contained in the 

Senate bill that establishes an independent cost-control review 

panel for individual wildfire incidents exceeding $10,000,000 in 

suppression costs. The conference agreement modifies language 

contained in the Senate bill that directed the transfer of funds from 

unobligated balances in the wildland fire management account to 

the U.S. Treasury if the independent cost-control review panel 

finds that appropriate actions were not taken to control suppression costs. 

1095 

TITLE IV—GENERAL PROVISIONS 

The conference agreement does not include a provision proposed in section 401 of the House bill prohibiting the use of recreational fee funds for biological monitoring of species listed under 

the Endangered Species Act. The Department of the Interior has 

assured the managers that this practice will not be pursued. 

The conference agreement does not include a provision proposed in section 402 of the House bill prohibiting the use of funds 

for the planning, design, study, or construction of forest development roads in the Tongass National Forest for the purpose of private harvest. 

The conference agreement does not include a provision proposed in section 403 of the House bill directing the Department of 

the Interior to submit a report on public access to the Statue of 

Liberty. 

TITLE V—ACROSS-THE-BOARD RESCISSIONS 

Sec. 501. The conference agreement includes an across the 

board reduction of 0.594 percent. This reduction should be applied 

to each program, project, and activity, except for Miscellaneous 

Payments to Indians, which has a different application of the rescission as specified in the statutory language. 

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CONFERENCE TOTAL—WITH COMPARISONS

The total new budget (obligational) authority for the fiscal year 

2005 recommended by the Committee of Conference, with comparisons to the fiscal year 2004 amount, the 2005 budget estimates, 

and the House and Senate bills for 2005 follow: 

[In thousands of dollars] 

New budget (obligational) authority, fiscal year 2004 ........................ $20,514,187 

Budget estimates of new (obligational) authority, fiscal year 2005 19,686,285 

House bill, fiscal year 2005 ................................................................... 20,030,125 

Senate bill, fiscal year 2005 .................................................................. 20,256,914 

Conference agreement, fiscal year 2005 .............................................. 20,044,977 

Conference agreement compared with: 

New budget (obligational) authority, fiscal year 2004 ................ ¥469,210 

Budget estimates of new (obligational) authority, fiscal year 

2005 .............................................................................................. +358,692 

House bill, fiscal year 2005 ............................................................ +14,852 

Senate bill, fiscal year 2005 ........................................................... ¥211,937 

DIVISION F—LABOR, HEALTH AND HUMAN SERVICES, AND 

EDUCATION, AND RELATED AGENCIES APPROPRIATIONS 

2005 

In implementing this agreement, the Departments and agencies should be guided by the language and instructions set forth in 

House Report 108–636 accompanying the bill H.R. 5006 and Senate 

Report 108–345 accompanying the bill, S. 2810. 

In the cases where the language and instructions in either report specifically address the allocation of funds, each has been reviewed by the conferees and those that are jointly concurred in 

have been endorsed in this joint statement. 

In the cases in which the House or the Senate have directed 

the submission of a report, such report is to be submitted to both 

the House and Senate Committees on Appropriations. 

The conferees note that section 518 sets forth the reprogramming requirements and limitations for the Departments and agencies funded through this Division, including the requirement to 

make a written request to the chairmen of the Committees 15 days 

prior to reprogramming, or to the announcement of intent to reprogram, funds in excess of 10 percent, or $500,000, whichever is less, 

between programs, projects and activities. 

Finally, the conferees request that statements on the effect of 

this appropriation Act on the Departments and agencies funded in 

this Division be submitted to the Committees within 45 days of enactment of this Act. The conferees expect that these statements 

will provide sufficient detail to show the allocation of funds among 

programs, projects and activities, particularly in accounts where 

the final appropriation is different than that of the budget request. 

Furthermore, the conferees request the statements to also include 

the effect of the appropriation on any new activities or major initiatives discussed in the budget justifications accompanying the fiscal 

year 2005 budget. 

The Departments of Labor, Health and Human Services, and 

Education, and Related Agencies Appropriations Act, 2005, put in 

place by this bill, incorporates the following agreements of the 

managers: 

1114 

TITLE I—DEPARTMENT OF LABOR 

EMPLOYMENT AND TRAINING ADMINISTRATION

TRAINING AND EMPLOYMENT SERVICES

The conference agreement includes $5,361,957,000 for training 

and employment services, instead of $5,112,728,000 as proposed by 

the House and $5,377,662,000 as proposed by the Senate. Of the 

amount appropriated, $2,463,000,000 is an advance appropriation 

for fiscal year 2006, as proposed by the House and the Senate. 

The Secretary of Labor shall take no action to amend, through 

regulatory or administration action, the definition established in 20 

CFR 667.220 for functions and activities under title I of the Workforce Investment Act until such time as legislation reauthorizing 

the Act is enacted. 

For Adult Employment and Training Activities, the conferees 

provide $898,107,000 as proposed by the Senate, instead of 

$900,000,000 as proposed by the House. 

For Youth Training, the conferees provide $994,242,000 as proposed by the Senate instead of $1,000,965,000 as proposed by the 

House. 

The conference agreement includes $1,479,419,000 for the Dislocated Worker program, as proposed by both the House and the 

Senate. The conferees override the formula that provides that 80 

percent of the funds provided will be used for State formula grants 

and 20 percent in a National Reserve Account. For fiscal year 2005 

the conferees provide $1,196,048,000 for the State formula grants 

and $283,371,000 for the National Reserve Account. 

The conference agreement includes bill language giving the 

Secretary of Labor authority to use dislocated worker national reserve funds to provide assistance to a State for statewide or local 

use in order to address cases where there have been worker dislocations across multiple sectors or across multiple local areas. The 

conferees urge the Secretary, when determining competitive 

awards under this authority, to give favorable consideration to the 

applications of assistance to States that have sustained worker dislocation in such a manner and can demonstrate the capacity to respond effectively in a coordinated fashion across multiple sectors or 

local areas. 

The conferees concur with language in the Senate report regarding the length of time it takes for the Department to approve 

applications for National Emergency Grants. The conferees request 

that the Government Accountability Office examine the administration of this program, and make recommendations for improvement. 

The conference agreement includes $54,675,000 for Native 

Americans as proposed by the House instead of $55,000,000 as proposed by the Senate. 

The conference agreement includes $1,559,804,000 for Job 

Corps. Within the total, $1,443,483,000 is provided for continuing 

operations of the program and $116,321,000 is for renovation and 

construction of Job Corps centers. The conference recommendation 

includes an increase of $10,000,000 over the budget request to 

begin the process of establishing additional Job Corps centers, folVerDate Aug 04 2004 07:33 Dec 01, 2004 Jkt 096906 PO 00000 Frm 01118 Fmt 6601 Sfmt 6601 E:\HR\OC\HR792.XXX HR792
1115 

lowing up on directions contained in the conference report accompanying Public Law 108–199. 

The conference recommendation includes funding to support a 

demonstration partnership with the Transportation Security Administration (TSA) at multiple Job Corps sites so that the Job 

Corps can help to fill unmet needs by providing TSA access to an 

expanded pool of job applicants. This funding will pay costs of both 

parties. The Department of Labor and the Department of Homeland Security are encouraged to develop a cooperative agreement 

that would help to leverage Federal resources, to provide TSA with 

an expanded pool of potential job applications and to utilize Job 

Corps facilities as appropriate to support the needs of TSA, including those of qualified private screening companies under contract 

to TSA. 

The conferees note that Section 171 of the Workforce Investment Act requires the Secretary, every two years, to publish a plan 

that describes the demonstration and pilot project priorities of the 

Labor Department, and expects the next such plan to be completed 

and published by March 31, 2005. 

The conferees further direct that the Department submit an 

operating plan that outlines the planned allocation by major project 

and activity (excluding Congressionally-directed projects) of fiscal 

year 2005 funds for pilots, demonstrations, and research. This plan 

should be provided to the House and Senate Appropriations Committees no later than May 31, 2005. 

The conferees recognized the effectiveness of the Family Enrichment Center in Chicago, Illinois and encourages the Department of Labor to continue its partnership with Haymarket Center 

in order to enhance efforts to train individuals with severe employment barriers. 

With respect to the projects listed below for pilots and demonstrations, the conferees encourage the Department to ensure that 

these projects are coordinated with local Workforce Investment 

Boards. The conferees also encourage the Department to ensure 

that project performance is adequately documented and evaluated. 

The conference agreement includes the following amounts for the 

following projects and activities: 

413 Hope Mission Ministries, Philadelphia, PA for employment 

skills training for disadvantaged adults and ex-offenders .............. $100,000 

Abilities Fund in Centerville, IA for a revolving loan fund for entrepreneurs with disabilities .................................................................. 1,000,000 

Advanced Ceramics Research, Inc., for academic outreach and 

workforce development ...................................................................... 1,000,000 

Alaska Department of Labor and Workforce Development, Juneau, 

AK to fund training for gas pipeline workers .................................. 500,000 

American Community Partnerships, Washington, DC, for the 

Working Together for Jobs-Philadelphia in conjunction with the 

Philadelphia Housing Authority to provide pre-apprenticeship 

training ............................................................................................... 200,000 

American Illinois, Inc., Chicago, IL, for its Amer-I-Can program for 

at-risk youth and ex-offenders .......................................................... 50,000 

Amigo de los Rios, Los Angeles, CA, for an environmental career 

training program for at-risk youth ................................................... 100,000 

Asnuntuck Community College, Enfield, CT, for improvements to 

Asnuntuck Community College’s Manufacturing Technology Center ........................................................................................................ 200,000 

Automation Alley, Troy, MI for training ............................................. 450,000 

1116 

Aztec Fire Crew, Los Angeles, CA, for a project to train fire-fighters and emergency medical technicians ........................................... 400,000 

Baltimore City, MD, for the ex-offender initiative at the Mayor’s 

Office of Employment Development ................................................. 450,000 

BASE, Inc., Lancaster, PA to continue assisting minorities and 

women in creating, retaining, and expanding microenterprises .... 100,000 

Ben Franklin Technology Partners, Harrisburg, PA to establish a 

Commonwealth-wide virtual network to enable companies geographically dispersed across the state to share information, 

training tools, and other educational resources .............................. 100,000 

BioPartners, Inc, Nassau County, NY, for life sciences and biotech 

workforce training at iPark, a biotech and life sciences center ..... 255,000 

Bismarck State College, Bismarck, ND, for a National Energy 

Technology Training and Education Project .................................... 500,000 

Black Clergy of Philadelphia and Vicinity, Philadelphia, PA to 

train participants in integrative technology skills in the Philadelphia area in an effort to improve job skills required for the 

changing job market .......................................................................... 4,000,000 

Blackhawk Technical College in Janesville, WI for workforce training programs ....................................................................................... 300,000 

Brooklyn Public Library, Brooklyn, NY to expand an education and 

job information center ........................................................................ 500,000 

Burlington Technical Center in Burlington, VT to upgrade postgraduate aviation technician training program ............................... 200,000 

California University of Pennsylvania, California, PA to establish 

a Center for Biomedical Workforce ................................................... 100,000 

CAMP, Inc., Cleveland, OH, for the development of world-class 

training services in lean manufacturing process improvement ..... 500,000 

Capital IDEA, Austin, TX, for a workforce development and training initiative, including supportive services .................................... 320,000 

Capital Workforce Partners, Hartford, CT, for the development of 

the Comprehensive Entrepreneurial Training Systems in New 

Britain, CT .......................................................................................... 100,000 

Career Academy, Louisville, KY, for a workforce development program .................................................................................................... 289,000 

Career Resources, Bridgeport, CT, for workforce development ......... 100,000 

Carl Sandburg College, Galesburg, for job training programs .......... 100,000 

Center for Employment Training, San Jose, CA, for an At-Risk 

Out-of-School Youth Demonstration Project .................................... 200,000 

Center for Entrepreneurship for the New West, Bozeman, MT to 

train entrepreneurial students for economic development ............. 125,000 

Central California Excellence in Workforce Development for an 

outreach campaign for career opportunities .................................... 100,000 

Central Iowa Employment & Training Consortium for a resource 

center for disabled and disadvantaged individuals ......................... 600,000 

Central State University, Wilberforce, OH, to implement a world 

class modular automation training system ...................................... 200,000 

Centralia College, WA, for non-traditional worker training .............. 250,000 

Charity Cultural Services Center, San Francisco, CA, for its Skills 

for Life initiative ................................................................................ 400,000 

Chattanooga State Technical Community College, Chattanooga, TN 400,000 

Cincinnati State Community College, Cincinnati, OH, for an Integrated Systems Technology training program ................................. 250,000 

City of Auburn, Auburn, NY ................................................................. 300,000 

City of Holly Springs Regional Technology Center ............................. 100,000 

City of Portland, Portland, OR, for its workforce assessment, training and retraining initiative .............................................................. 300,000 

City of Santa Ana, Santa Ana, CA, for a one-stop workforce preparation and job search center for youth ............................................. 200,000 

Clackamas Community College, Oregon City, OR, for its energy 

and resource management workforce training initiative ................ 150,000 

Collegiate Consortium for Workforce and Economic Development, 

Philadelphia, PA, for workforce development and training ............ 300,000 

Communities in Schools, San Fernando Valley, Inc., North Hills, 

CA, for its Striving for Success Jobs Initiative to provide job preparedness and placement for at-risk youth ..................................... 535,000 

1117 

Community College of Allegheny County, Pittsburgh, PA, for a Mobile Educational Lab to provide training in critical subject areas 50,000 

Community Education Council of Elk and Cameron Counties, St. 

Marys, PA, for workforce training .................................................... 75,000 

Community Empowerment Association, Pittsburgh, PA, in collaboration with Boys and Girls Harbor, Inc., New York, NY to establish a job readiness and work force development program ............. 100,000 

Community Learning Center of Washington County, Salem, IN, for 

workforce development, training and employment services ........... 150,000 

Cook Inlet Tribal Council for the Alaska’s People Program in Anchorage, AK ........................................................................................ 225,000 

County of San Bernardino Workforce Investment Board, San 

Bernardino County, CA ..................................................................... 250,000 

Desert Research Institute, Reno, Nevada to create the Northern 

Nevada Technology Initiative to help drive the creation of a high 

technology workforce in Nevada ....................................................... 150,000 

Dorcas Place, Providence, Rhode Island to expand workplace literacy program ..................................................................................... 150,000 

Economic Growth Connection of Westmoreland, Greensburg, PA for 

workforce skills assessment, development and training initiatives 150,000 

Empowerment Group, Philadelphia, PA to provide Latino and minority employers with the technical assistance needed to create 

jobs and set up on-the-job training programs for low-income residents .................................................................................................... 100,000 

Enrichment Association of Community Healing (TEACH), Columbus, OH for training ........................................................................... 325,000 

Enterprise Center, Philadelphia, PA to recruit and train minority 

and underprivileged entrepreneurs .................................................. 100,000 

Excel Institute, Washington, DC, for workforce training in automotive technology and repair ............................................................ 430,000 

Expertise, Inc. in Las Vegas, NV, to provide employment training 

assistance to low income residents ................................................... 250,000 

Fashion Business, Inc., Los Angeles, CA, for workforce development and training .............................................................................. 50,000 

Fay-Penn Economic Development Council, Uniontown, PA to improve manufacturing competitiveness .............................................. 100,000 

Florida Institute of Technology, Melbourne, FL, to continue a program to assist small businesses in competing for government 

contracts .............................................................................................. 900,000 

Fort Worth Hispanic Chamber of Commerce, Fort Worth, TX, for 

an ESL Program ................................................................................. 334,000 

Fresno County Workforce Investment Board, Fresno, CA, for workforce development ............................................................................... 400,000 

Fresno County, Department of Employment and Temporary Assistance, Fresno, CA, for Rural Vocational Training Centers .............. 225,000 

Hawaii Community Foundation for the Samoan/Asian Pacific Job 

Training program ............................................................................... 500,000 

HIREABILITY, Philadelphia, PA to provide employment training 

to people with disabilities in the Philadelphia region ..................... 100,000 

Hispanic / Latino Center Inc., Pittsburgh, PA to provide workplace 

readiness and job training to targeted Hispanic workers ............... 50,000 

Houston Area Urban League, Houston, TX, for its Communities to 

Work Program .................................................................................... 300,000 

Illinois State University, Normal, IL for training .............................. 500,000 

Illinois Valley Community College, Oglesby, IL ................................. 400,000 

Impact Services Corporation, Philadelphia, PA to support its Community Job Placement and Training Program ................................ 75,000 

Indian Territory Associates, Shawnee, OK to establish an electronic 

knowledge repository for the employees of the Oklahoma City Air 

Logistics Center .................................................................................. 50,000 

Institute for Advanced Learning and Research, Danville, VA, for 

the Fast-Track Information Technology Workforce Preparation 

Program .............................................................................................. 100,000 

Institute for Human Investment and Economic Growth, Ashland, 

OH ....................................................................................................... 100,000 

Institute of Furniture Manufacturing and Management, Mississippi 

State University, Mississippi State, MS .......................................... 500,000 

1118 

International Association of Jewish Vocational Services, Philadelphia, PA to provide career services and job training readiness 

skills to dislocated workers ............................................................... 150,000 

Iowa Commission of Latino Affairs to create a certification process 

for Spanish-English interpreters and translators ........................... 243,000 

Iowa Valley Community College District, Marshalltown, IA, for 

equipment and computer and skill training .................................... 150,000 

Ivy Tech State College, Fort Wayne, IN, for workforce training and 

development ........................................................................................ 50,000 

Jackson Health System, Miami, FL, for Miami Dade County’s Center for Patient Safety ......................................................................... 125,000 

Jewish Family and Children’s Service of Pittsburgh, PA to provide 

intensive and individualized employment assistance to immigrants that will address the unique barriers that immigrants 

face ...................................................................................................... 100,000 

Jewish Healthcare Foundation, Pittsburgh, PA for the Health Careers Futures program to train individuals for careers in patient 

care ...................................................................................................... 100,000 

Jewish Vocational Service, Los Angeles, CA, for a certified nursing 

assistant training and job placement initiative ............................... 200,000 

Jewish Vocational Services, Inc., Boston, MA, for job training and 

workforce development ...................................................................... 400,000 

Kennebec Valley Community College Foundation, Fairfield, ME, to 

support training of skilled workers in the field of Radiology ......... 250,000 

Ken’s Kids, Inc, Bronx, NY, for vocational training and placement 

for youth with mental retardation .................................................... 50,000 

Lake County, IL, for a summer youth employment program ............ 200,000 

Laramie County Community College, Cheyenne, Wyoming for implementation of a high tech manufacturing training curriculum 100,000 

Lawson State Community College, Birmingham, AL, for its Alabama Center for Advanced Training Program ................................ 140,000 

Louisiana National Guard, New Orleans, LA ..................................... 100,000 

MAGLEV, Inc., McKeesport, PA to create an associate degree 

training program to train individuals in Advanced Manufacturing Technology for precision fabrication ..................................... 1,000,000 

Maine Manufacturing Extension Partnership (Maine MEP), Rapid 

Mobilization of the New England Manufacturing Sources to Meet 

Defense Shortages and Surge Demands for Parts and Equipment 250,000 

Marshall County Economic Division, Guntersville, AL, for the Marshall County Workforce Target Project ............................................ 20,000 

Massachusetts League of Community Health Centers, Boston, MA, 

in collaboration with the East Boston Neighborhood Health Centers for a workforce development initiative ..................................... 250,000 

Massachusetts Manufacturing Extension Partnership, Worcester, 

MA, for manufacturing workforce development programs ............. 125,000 

Massey Center for Business Innovation and Development, Pittsburgh, PA to provide entrepreneurial skills to Veterans ................ 100,000 

Maui Community College, Hawaii, for the Remote Rural Hawaii 

Job Program ....................................................................................... 1,500,000 

Maui Economic Development Board in Hawaii for the Rural Computer Utilization Training Program ................................................. 300,000 

Maui Economic Development Board in Hawaii to continue the 

Maui High Technical program .......................................................... 300,000 

Maura Clarke-Ita Ford Center, in partnership with New York City 

College of Technology/CUNY, Brooklyn, NY, for workforce development, job training and education programs ................................. 250,000 

Mayville State University, Mayville, ND, for the Traill County 

Technology Center .............................................................................. 100,000 

McKean County Redevelopment Authority, Smethport, PA to create 

an Education Center in Port Allegheny to further adult education in rural Pennsylvania ............................................................. 100,000 

MECA United Cerebral Palsy, Erie, PA to develop a job-training 

program for adults with disabilities ................................................. 50,000 

Medina County Office of Workforce Development, Medina, OH, for 

training of individuals in careers associated with Homeland Security ................................................................................................... 150,000 

1119 

Melwood Horticultural Training Center, Inc., Upper Marlboro, MD, 

for the establishment of a document management training and 

placement program ............................................................................ 200,000 

Mercy Vocational High School, Philadelphia, PA to expand its Certified Nursing Assistant training program for low-income individuals in North Philadelphia ................................................................ 150,000 

Metropolitan Career Center, Philadelphia, PA to offer workforce 

training to low-income, under educated individuals who lack the 

ability to gain employment without special assistance ................... 100,000 

Milwaukee Area Technical College in Milwaukee, WI for developing skills standards ........................................................................ 450,000 

Mineral Area College, Park Hills, MO ................................................. 500,000 

Minot State University, Minot, ND, for the Job Corps Executive 

Management Program ....................................................................... 650,000 

Mission of Love, Inc., Capitol Heights, MD, for a life skills, workforce preparation, and training initiative ........................................ 150,000 

Mississippi State University, Starkville, MS, Robotics and Automated Systems for Nursery Industry ............................................... 500,000 

Mississippi State University, Starkville, MS, Workforce Development Training Quality Assessment (CAVS) .................................... 400,000 

Mississippi Valley State University, Automatic Identification Technology .................................................................................................. 400,000 

Montachusett Opportunity Council, Fitchburg, MA, for a career 

ladder program for certified nursing assistants .............................. 200,000 

MS Tech Alliance/JSU Business Incubator ......................................... 500,000 

Multicultural Community Family Services, Upper Darby, PA to address the job training needs of area African immigrants and refugees ...................................................................................................... 50,000 

National Council of La Raza in Washington, DC, to provide technical assistance on Hispanic workforce issues including capacity 

building, language barriers, and health care job training .............. 500,000 

National Student Partnerships, Washington, DC, for field and national office operations to expand employment and education referral and counseling services ........................................................... 600,000 

New York Association for New Americans, New York, NY ............... 100,000 

NewCourtland Elder Services, Philadelphia, PA to provide a networking service designed to train existing employees and market 

nursing home jobs to local residents ................................................ 150,000 

North Carolina Rural Economic Development Center, Raleigh, NC, 

for Project New Start, to provide employment and training services for dislocated workers ................................................................. 400,000 

Northeast Higher Education District, Chisholm, Minnesota, for the 

TechNorth Prep Center Network ...................................................... 350,000 

Northeast States Association for Agricultural Stewardship, Dresden, ME to develop and host a conference on the challenges and 

opportunities for rural workforce development ............................... 75,000 

Northwest Arctic Borough School District, Kotzebue, AK, for vocational training .................................................................................... 250,000 

Northwest Concentrated Employment Program, WI, for the Talent 

Profiling System ................................................................................. 700,000 

Northwest Industrial Resource Center, Inc., Erie, PA, for worker 

training, retraining and technology implementation programs as 

part of an advanced workforce development initiative ................... 150,000 

Opportunities Industrialization Centers of America, Philadelphia, 

PA to provide skills training in the allied healthcare profession 

to minorities ....................................................................................... 250,000 

Our House, Inc., Decatur, GA, for the ‘‘Parent Intern’’ program ....... 150,000 

Patrick County Education Foundation, Stuart, VA, for a workforce 

development project for rural communities ..................................... 100,000 

Pennsylvania Industrial Resource Center, Williamsport, PA to help 

schools develop multi-year, multi-institution curricula that focus 

on skills for a manufacturing career ................................................ 100,000 

Pennsylvania Learning Network, Harrisburg, PA to provide workforce development and professional training ................................... 100,000 

Philadelphia Veterans Multi Service Center, Philadelphia, PA for 

a multipurpose center for job training of veterans .......................... 550,000 

1120 

Phoenix House, Providence, RI, for a Workforce Development 

Project ................................................................................................. 100,000 

Pine Ridge Area Chamber of Commerce in Kyle, South Dakota for 

a Workforce Success Program ........................................................... 200,000 

Pittsburgh Airport Area Chamber Enterprise Foundation, Moon 

Township, PA for a business incubator and workforce development program ..................................................................................... 75,000 

Polk Community College, Lakeland, FL, for the Corporate College 

Program .............................................................................................. 200,000 

Precision Manufacturing Institute, Meadville, PA ............................. 100,000 

Prince Music Theater, Philadelphia, PA, to develop the Prince 

Music Theater Training Institute to provide professional training 

in the arts ........................................................................................... 75,000 

Project ARRIBA, El Paso, TX, for a workforce training initiative .... 340,000 

Project One, Louisville, KY, for employment program technology, 

salaries and material ......................................................................... 25,000 

Ramsey County Workforce Solutions, North St. Paul, MN to create 

software for three east metro hospitals/healthcare systems to assist non-English proficient new Americans advance from entrylevel positions to higher-level skilled healthcare careers ............... 100,000 

Regional Economic Development District Initiatives (REDDI) of 

South-Central PA, Harrisburg, PA to assist companies in developing targeted clusters, identifying employers’ skill set requirements, and facilitating training opportunities through workforce 

development partners ........................................................................ 100,000 

Rend Lake College, Ina, IL, for workforce training ............................ 150,000 

Rural Enterprises of Oklahoma, Inc., Durant, OK to provide entrepreneurial training ............................................................................. 50,000 

Saint Louis Community College—Florissant Valley, Saint Louis, 

MO, for its Integrated Systems Technology technical training initiative at the Metropolitan Education and Training Center .......... 320,000 

Schoolcraft College, Livonia, MI, for Advanced Manufacturing Applications ............................................................................................. 100,000 

Second Chance Employment Services, Washington, D.C. to develop 

a nationwide program that helps abused and other at-risk 

women find employment .................................................................... 100,000 

Second Chance, San Diego, CA, for its Prisoner Re-entry Employment Program ..................................................................................... 220,000 

Shelton State Community College, Tuscaloosa, AL, for workforce 

development, job training and job placement initiatives ................ 410,000 

Sophie Sampson Center of Hope, Society of St. Vincent de Paul 

South Pinellas, Inc., St. Petersburg, FL ........................................... 250,000 

South Bay Workforce Investment Board, Hawthorne, CA, for its 

Bridges to Work program .................................................................. 290,000 

South Seattle Community College, WA, to expand apprenticeship 

training ............................................................................................... 100,000 

Southeast Tennessee Development District, Chattanooga, TN ......... 300,000 

Southland Health Care Forum, South Holland, IL, for its Southland Health Careers nurse training initiative ................................. 100,000 

Southwest Alaska Vocational Education Center (SAVEC), King 

Salmon, AK, for vocational training ................................................. 500,000 

Southwestern Oklahoma State University, Weatherford, OK, for 

Oklahoma Business Commercialization Center .............................. 320,000 

Stark State College of Technology, Canton, OH ................................. 433,000 

Stark State College of Technology, Canton, OH for equipment ........ 200,000 

State of Hawaii, Honolulu, HI, for a project for building the capacity of professional healthcare services .............................................. 2,000,000 

State University of New York, College of Environmental Science 

and Forestry, Syracuse, NY .............................................................. 100,000 

Stillman College, Tuscaloosa, AL, for a One-Stop Community Resource Learning Center to provide job readiness, training, placement and supportive services ............................................................ 140,000 

Team Taylor County, Campbellsville, KY, for Campbellsville University Technology Training Center ................................................. 250,000 

The Joblinks program for continuation costs ...................................... 500,000 

Tides Center of Western Pennsylvania, Pittsburgh, PA, for the 

Keys2Work program .......................................................................... 25,000 

1121 

TIGER House, Tunkhannock Area School District, Tunkhannock, 

PA, for vocational training for special needs students .................... 50,000 

Twenty-First Century Council—IMPACT Learning Center, 

Scottsboro, AL, for workforce development and training ................ 75,000 

United Mine Workers of America Career Center, Washington, PA 

for a technical training and occupational health safety program 

for mining occupations ....................................................................... 800,000 

United Mine Workers of America, Fairfax, VA, for the UMWA Career Centers ........................................................................................ 1,200,000 

University of Alaska/Southeast—Ketchikan Campus, Ketchikan, 

AK to provide skills assessment, training and a certification program for Ketchikan shipyard workers .............................................. 150,000 

University of Hawaii at Maui for the Training & Education Opportunities program ................................................................................. 1,800,000 

University of Idaho, to continue and expand the Alternative Careers for Idaho Project, to assist persons dislocated from traditional, resource-based Idaho careers ................................................ 900,000 

University of Northern Iowa, Cedar Falls, IA to provide immigration services to Iowa Communities ................................................... 200,000 

University of Wisconsin—Stout, Menomonie, WI, for manufacturing 

workforce development initiatives .................................................... 150,000 

Upper Catskill Television Network, Inc., Oneonta, NY ..................... 100,000 

Valencia County Hispano Chamber of Commerce, Belen, NM, for 

workforce training .............................................................................. 250,000 

Valley Initiative for Development and Advancement, Weslaco, TX, 

for a workforce training initiative .................................................... 320,000 

Vermont Department of Employment and Training for a statewide 

career development system ............................................................... 450,000 

Vermont HITEC, Inc of Williston, VT for the Vermont Information 

Technology Apprenticeship Program ................................................ 325,000 

Vietnam Veterans Leadership Program of Western Pennsylvania, 

Pittsburgh, PA, for the Jobs for Veteran’s Project .......................... 750,000 

Wallace Community College, Dothan, AL, for the Southeast Alabama Workforce Readiness program ................................................ 150,000 

Waubonsee Community College, Sugar Grove, IL to train integrated systems technologists ............................................................. 300,000 

West Shore Community College, Scottsville, MI, for workforce investment and training for unemployed individuals ........................ 400,000 

West Virginia High Technology Consortium Foundation, Fairmont, 

WV, for an information technology training program ..................... 500,000 

Westside Industrial Retention and Expansion Network, Cleveland, 

OH, for a workforce training project ................................................ 370,000 

WHYY, Inc., Philadelphia, PA, to expand and digitize its GED Connection program to prepare individuals for the workforce ............. 50,000 

Women Work, Washington, D.C. for workforce training and development for women in the information technology sector ................ 50,000 

Women’s Resource Assistance Program Inc., Harvey, IL, for its Career STEPS Self Sufficiency Program to prepare women for nontraditional careers .............................................................................. 100,000 

Work, Achievement, Values & Education, Inc. (WAVE), Washington, D.C. to provide job skills training to high school drop outs 75,000 

Workforce Connections in La Crosse, WI for incumbent worker 

training ............................................................................................... 200,000 

Workforce Development Council of King County, WA, to provide literacy assistance and job training for immigrants ........................... 100,000 

Workforce Initiative Association, Canton, OH, for a Workforce Advancement Demonstration project .................................................... 400,000 

Workforce Investment Board of Herkimer, Madison and Oneida 

Counties, Utica, NY ........................................................................... 175,000 

Workforce Resource, Inc in Menomonie, WI for incumbent health 

care worker training .......................................................................... 150,000 

WorkNet Pinellas, Clearwater, FL ....................................................... 200,000 

Wrightco Technologies, Ebensburg, PA to provide security systems 

installation and high-tech communications training to clients 

across PA ............................................................................................ 100,000 

Wrightco Technologies, Inc., Claysburg, PA to support job-training 

program with UMWA ........................................................................ 100,000 

1122 

The conference agreement includes $50,000,000 for Responsible 

Reintegration of Youthful Offenders as proposed by the Senate. The 

House did not recommend funds for this activity. The conference 

agreement also provides $20,000,000 for the prisoner re-entry initiative, instead of $40,000,000 as proposed by the Senate. The 

House did not recommend funds for this activity. Within the 

amount provided for prisoner re-entry, the conferees encourage the 

Department to partner with organizations with a proven history of 

reducing recidivism by helping individuals exiting prison make the 

successful transition to employment. The conference agreement includes $250,000,000 requested by 

the administration to carry out the Community College/Community-Based Job Training Grant initiative. Of this amount, bill language provides that $125,000,000 is to be allocated from National 

Emergency Grant funds available under section 132(a)(2)(A) of the 

Workforce Investment Act, overriding the limitation otherwise imposed under section 171(d). The Secretary is expected to initially 

use resources from the National Emergency Grants account for 

these awards that are designated for non-emergencies under sections 171(d) and 170(b) of the Workforce Investment Act. Community-Based Job Training Grant awards will also be subject to the 

limitations of sections 171(c)(4)(A) through 171(c)(4)(C) of the 

Workforce Investment Act to ensure that these grants are awarded 

competitively. Funds used for this initiative should strengthen 

partnerships between workforce investment boards, community colleges, and employers, to train workers for high growth, high demand industries in the new economy. The conferees provide $7,000,000 for the Denali Commission for job training instead of $8,000,000 as proposed by the Senate. 

The House recommendation did not include funds for this activity. 

STATE UNEMPLOYMENT INSURANCE AND EMPLOYMENT SERVICE

OPERATIONS

The conference agreement appropriates $3,666,235,000 for 

State Unemployment Insurance and Employment Service Operations, instead of $3,582,848,000 as proposed by the House and 

$3,636,235,000 as proposed by the Senate. For unemployment insurance services, the bill provides $2,695,214,000 instead of 

$2,701,214,000 as proposed by the House and $2,665,214,000 as 

proposed by the Senate. The conference agreement includes 

$2,684,714,000 for UI State Operations instead of $2,690,714,000 

as proposed by the House and $2,654,714,000 as proposed by the 

Senate. The agreement includes a contingency reserve amount 

should the unemployment workload exceed an average weekly insured claims volume of 3,227,000 instead of 3,327,000 as proposed 

by the House. 

For the Employment Service grants to states, the agreement includes $786,887,000 as proposed by the Senate instead of 

$696,000,000 as proposed by the House. This includes $23,300,000 

in general funds as proposed by the House instead of $23,163,000 

as proposed by the Senate and $763,587,000 from the ‘‘Employment 

Security Administration’’ account of the unemployment trust fund 

instead of $672,700,000 as proposed by the House and 

$763,724,000 as proposed by the Senate. 

1123 

For Employment Service national activities the agreement in- cludes $65,500,000 as proposed by the Senate, instead of 

$67,000,000 as proposed by the House. 

PROGRAM ADMINISTRATION

The conference agreement appropriates $171,473,000 for Pro- gram Administration, instead of $168,854,000 as proposed by the 

House and $177,615,000 as proposed by the Senate. The detailed 

table at the end of this joint statement reflects the activity distribution agreed to by the conferees. 

EMPLOYMENT STANDARDS ADMINISTRATION

SALARIES AND EXPENSES

The conference agreement includes $404,345,000 for the Employment Standards Administration, salaries and expenses, instead 

of $402,818,000 as proposed by the House and $405,870,000 as proposed by the Senate. The detailed table at the end of this joint 

statement reflects the activity distribution agreed to by the conferees. 

OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION

SALARIES AND EXPENSES

The conference agreement includes $468,109,000 for the Occu- pational Safety and Health Administration instead of $461,599,000 

as proposed by the House and $468,645,000 as proposed by the 

Senate. The detailed table at the end of this joint statement reflects the activity distribution agreed to by the conferees. 

The conferees concur with the House bill and report language 

regarding OSHA’s enforcement of the Respiratory Standard as it 

applies to tuberculosis. The conferees advise OSHA to take no further action with regard to respiratory protection for occupational 

exposure to TB until such time as the CDC has completed the ongoing revisions of its TB guidelines. 

The conferees concur with the Senate bill and report language that not less than $3,200,000 is to be used to extend funding for 

the Institutional Competency Building training grants provided 

that a grantee has demonstrated satisfactory performance. 

MINE SAFETY AND HEALTH ADMINISTRATION

SALARIES AND EXPENSES

The conference agreement includes $281,535,000 for the Mine Safety and Health Administration instead of $275,567,000 as proposed by the House and $280,002,000 as proposed by the Senate. 

The detailed table at the end of this joint statement reflects the activity distribution agreed to by the conferees. 

Within the total, the conference agreement includes $2,000,000 

to be available for mine rescue and recovery activities on a noncontingency basis as proposed by the Senate. 

The conferees expect the Mine Safety and Health Administration to keep it fully and currently informed of A–76 competitions, 

and that any competitions will be conducted fairly and equitably 

1124 

and will result in significant savings and the improvement in the 

quality of services to taxpayers. The conferees urge all possible diligence to ensure that inherently governmental functions are not 

subject to A–76 competitions. The conference agreement includes 

the following amounts for the following projects and activities: 

Infrastructure improvements at the Mine Academy in Beckley, 

West Virginia ...................................................................................... $750,000 

Wheeling Jesuit University for the National Technology Transfer 

Center for a coal slurry impoundment pilot project ........................ 3,000,000 

BUREAU OF LABOR STATISTICS

SALARIES AND EXPENSES

Within the total for the Employment and Unemployment Statistics activity, $5,000,000 is for the Mass Layoff Statistics program 

as proposed in the Senate bill. 

OFFICE OF DISABILITY EMPLOYMENT POLICY

SALARIES AND EXPENSES

The conferees commend ODEP for their efforts to enhance 

telework opportunities for severely disabled individuals. To build 

on ODEP’s efforts to increase telework opportunities in the federal 

government, the conferees direct that $1,000,000 be transferred 

from ODEP to the Centers for Medicare and Medicaid Services 

(CMS) to build on a previous pilot between ODEP and CMS. 

The conferees are pleased that CMS has piloted the performance of CMS call center work by individuals with severe disabilities 

working from home-based workstations. This model has the potential to be expanded within CMS and replicated outside of CMS by 

government agencies and others interested in following CMS’s lead. 

The conference agreement provides such transfer to expand 

and refine the existing CMS model in conjunction with National 

Telecommuting Institute, Inc., as well as disseminate information 

about this telework model to other agencies. 

DEPARTMENTAL MANAGEMENT

SALARIES AND EXPENSES

The conference agreement includes $323,422,000 for Departmental Management, salaries and expenses, instead of 

$264,967,000 as proposed by the House bill and $357,050,000 as 

proposed by the Senate. The detailed table at the end of this joint 

statement reflects the activity distribution agreed to by the conferees. 

The conference agreement includes $94,000,000 for the Bureau 

of International Labor Affairs (ILAB). Within the total provided, 

$79,000,000 is to assist developing countries with the elimination 

of child labor. Of this amount, $45,000,000 is for the International 

Labor Organization’s International Programme for the Elimination 

of Child Labor and $34,000,000 is provided for bilateral assistance 

to improve access to basic education in international areas with a 

high rate of abusive and exploitative child labor. In addition, the 

conference agreement includes $2,000,000 for ILAB to build its own 

1125 

permanent capacity to monitor and report regularly and in-depth 

to the Congress on the extent to which foreign countries with trade 

and investment agreements with the United States respect internationally-recognized worker rights and effectively promote core 

labor standards. The conference agreement also includes 

$11,000,000 for Federal administration and other ILAB programs. 

The conference agreement includes $2,000,000 for the purpose 

of assisting the International Labor Organization in implementing 

a program to confront HIV/AIDS in the workplace. The primary 

purpose of this program shall be to promote workplace policies 

which combat HIV-related stigma and discrimination, and promote 

prevention on the basis of tripartite partnerships among workers, 

employers and governments around the world. 

The conferees are disturbed that the Department of Labor 

transferred fiscal year 2004 funds to augment activities for which 

funds were previously denied and to initiate new activities for 

which both the House and Senate Appropriations Committees denied funding. The Appropriations Committees have provided authority to reprogram and transfer funds in order to provide flexibility to the Department to address unforeseen needs and emergencies. However, the Department, instead, has used these flexibilities to circumvent funding decisions made by the Congress. 

Therefore, the conferees have included bill language to clarify reprogramming and transfer procedures. 

VETERANS EMPLOYMENT AND TRAINING

The conference agreement includes $224,648,000 for Veterans 

Employment and Training instead of $225,648,000 as proposed by 

the House and $226,781,000 as proposed by the Senate. The detailed table at the end of this joint statement reflects the activity 

distribution agreed to by the conferees. 

The conference agreement includes $13,198,000 for activities 

under the Uniformed Services Employment and Reemployment 

Rights Act. The conferees intend that the additional resources over 

FY 2004 be used for additional investigations and educational outreach to employers about reemployment rights of uniformed service 

members departing from and returning to work. 

WORKING CAPITAL FUND

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

$15,000,000 as proposed by the Senate. 

GENERAL PROVISIONS

ONE PERCENT TRANSFER AUTHORITY

The conference agreement modifies a provision proposed by the 

Senate limiting the authority to transfer funds between a program, 

project or activity and requiring a 15 day notification of any transfer. 

1126 

EXECUTIVE ORDER 13126

The conference agreement includes a provision proposed by the 

Senate that none of the funds appropriated in this Act shall be obligated or expended for the procurement of goods produced by 

forced or indentured child labor. The House bill contained no similar provision. 

DENALI COMMISSION

The conference agreement includes a provision proposed by the 

Senate that authorizes to be appropriated such sums as may be 

necessary to the Denali Commission to conduct job training where 

Denali Commission projects will be constructed. The House bill 

contained no similar provision. 

TRANSIT SUBSIDY

The conference agreement includes a provision directing the 

Secretary to provide, within 45 days, to the Department of Labor 

employees in the National Capital Region the full transit subsidy 

that they are eligible to receive. 

CONGRESSIONAL JUSTIFICATIONS

The conference agreement includes bill language requiring the 

Department of Labor to submit its fiscal year 2006 congressional 

budget justifications in the traditional budget structure rather than 

in a ‘‘performance’’ budget structure. The Department is directed to 

return to preparing the traditional congressional justifications as 

they were prepared prior to fiscal year 2003, with separate sections 

for each appropriations account, providing detailed information on 

the prior year, current year, and requested budget year funding 

and Federal staffing levels for each program, project, or activity 

funded within each account; a detailed narrative description of 

each program, project, or activity; and budget and measurement information should be submitted as a separate appendix in the budget justification material. 

The conferees support the Department’s effort to integrate program performance more prominently into its budget formulation 

and to display that information more thoroughly in the justification, but the conferees direct that technical account and program 

information be prominent in each agency’s budget justifications 

similar to the Department’s budget justifications prior to fiscal year 

2003 so that information can be found easily and quickly. The Department is directed to delineate materials by appropriation account, providing detailed information on the prior year, current 

year, and requested budget year funding and Federal staffing levels for each program, project, or activity funded within each account; a narrative description of each program, project, or activity; 

and any proposed changes to such program, project, or activity. The 

Department is encouraged to continue using outcome and performance measures as the primary management tool for resource allocation and the evaluation of programs and individuals. 

1127 

OVERTIME REGULATION

The conference agreement deletes without prejudice language 

proposed by the House and Senate stating that none of the funds 

provided may be used to implement or administer any changes to 

regulations regarding overtime compensation in effect on July 14, 

2004. 

TITLE II—DEPARTMENT OF HEALTH AND HUMAN 

SERVICES 

HEALTH RESOURCES AND SERVICES ADMINISTRATION

HEALTH RESOURCES AND SERVICES

The conference agreement includes $6,881,624,000 for health 

resources and services, of which $6,856,624,000 is provided as 

budget authority and $25,000,000 is made available from the Public Health Service policy evaluation set-aside, instead of 

$6,330,333,000 as proposed by the House and $6,966,280,000 as 

proposed by the Senate. 

The conference agreement includes resolution of two technical 

bill language differences: the Social Security Act is cited once as 

proposed by the House rather than twice as proposed by the Senate; the citation of the Poison Control Center Act is expanded as 

proposed by the Senate. 

The conference agreement includes bill language providing 

$484,629,000 for construction and renovation (including equipment) 

of health care and other facilities and other health-related activities. The Senate included bill language providing $371,536,000 for 

this purpose; no funding was provided by the House. These funds 

are to be used for the following projects: 

A.O. Fox Memorial Hospital, Oneonta, NY for facilities and equipment .................................................................................................... $250,000 

Aberdeen Area Tribal Chairmen’s Health Board in Rapid City, 

South Dakota for Northern Plains Healthy Start ........................... 300,000 

Abington Memorial Hospital, Abington, PA ........................................ 350,000 

Access Center, Inc., Vienna, VA for facilities and equipment ........... 350,000 

Advanced Technology Institute, Charleston, SC for a demonstration 

program for delivery of diabetes diagnostic and care services 

through telehealth technology ........................................................... 275,000 

Adventist HealthCare, Rockville, MD for facilities and equipment 750,000 

Akron General Medical Center, Akron, OH for facilities and equipment for the Edwin Shaw Rehabilitation Hospital ......................... 250,000 

Alabama Association of Area Agencies on Aging, Montgomery, AL 

for facilities and equipment ............................................................... 175,000 

Alamance Regional Medical Center, Burlington, NC for facilities 

and equipment .................................................................................... 125,000 

Alaska Family Practice Residency Program, Anchorage, AK to support its family practice residency programs .................................... 500,000 

Alaska Federal Health Care Access Network, Anchorage, AK to 

support activities of the Alaska Telemedicine Advisory Committee .................................................................................................. 300,000 

Alaska Native Medical Center, Anchorage, AK .................................. 1,000,000 

Alaska Psychiatric Institute, Anchorage, AK for its Telebehavioral 

Health Project ..................................................................................... 400,000 

Albert Einstein Healthcare Network, Philadelphia, PA ..................... 1,000,000 

Alice Hyde Medical Center, Malone, NY, for facilities and equipment .................................................................................................... 100,000 

Alivio Medical Center, Chicago ............................................................ 250,000 

1128 

All Children’s Hospital, Inc., St. Petersburg, FL for facilities and 

equipment ........................................................................................... 5,000,000 

Allegheny County Housing Authority, Pittsburgh, PA for facilities 

and equipment for its LIFE Center in Tarrentum Township, PA 675,000 

Allegheny County, Pittsburgh, PA for laboratory equipment ............ 25,000 

Allegheny General Hospital, West Penn Allegheny Health System, 

Pittsburgh, PA .................................................................................... 1,000,000 

Allegheny Singer Research Institute, Pittsburgh, PA ........................ 1,000,000 

Alle-Kiski Medical Center, Natrona Heights, PA for facilities and 

equipment ........................................................................................... 150,000 

Allen Memorial Hospital, Moab, UT .................................................... 100,000 

Allied Services Foundation, Wilkes-Barre, PA for equipment ........... 200,000 

Alpha Community Ambulance Service, Inc., State College, PA, for 

facilities and equipment .................................................................... 100,000 

Altarum Institute, Ann Arbor, MI for development of a Center of 

Excellence focusing on use of information and communications 

technology to improve health care quality and efficiency ............... 390,000 

American Oncologic Hospital of Fox Chase Cancer Center in Philadelphia and University of Maryland Greenbaum Cancer Center 

in Baltimore, for facilities and equipment for the American Russian Cancer Alliance .......................................................................... 750,000 

American Red Cross, Washington, DC, for equipment ....................... 200,000 

Ana G. Mendez University System, Universidad del Este, Carolina, 

PR for facilities and equipment for the Caribbean Food Safety 

Research Center ................................................................................. 200,000 

Arkansas State University Mountain Home, for facilities and 

equipment for health sciences ........................................................... 350,000 

Arlington Free Clinic, Arlington, VA for facilities and equipment .... 375,000 

Arnold Palmer Hospital for Children and Women, Orlando, FL for 

facilities and equipment .................................................................... 350,000 

Arrowhead Regional Medical Center, Colton, CA for facilities and 

equipment ........................................................................................... 725,000 

Ashland County Oral Health Services, Inc., Ashland, OH, for facilities and equipment ............................................................................ 250,000 

Asian American Recovery Services, Daly City, CA for facilities and 

equipment for substance abuse intervention and treatment .......... 250,000 

Association of Utah Community Health, Salt Lake City, UT ............ 800,000 

Atlantic City Medical Center, City Division, Atlantic City, NJ for 

facilities and equipment .................................................................... 300,000 

Atlantic Health System, Florham Park, NJ for facilities and equipment for the Morristown Memorial Hospital, Carol G. Simon 

Cancer Center, Morristown, NJ and the Mountainside Hospital 

Comprehensive Community Cancer Center, Essex County, NJ .... 700,000 

Atlantic Health System, Florham Park, NJ for facilities and equipment for the Mountainside Hospital Comprehensive Community 

Cancer Center ..................................................................................... 300,000 

Augsburg College, Minneapolis, MN, for its physician assistant 

education program ............................................................................. 295,000 

Aultman Health Foundation, Canton, OH for facilities and equipment .................................................................................................... 1,000,000 

Aunt Martha’s Youth Service Center, Chicago Heights, IL for facilities and equipment ............................................................................ 275,000 

Avista Adventist Hospital, Louisville, CO for the Integrated Community Oriented Physician Initiative to develop common electronic medical record and practice management systems .............. 640,000 

Baptist Health System, Inc., Birmingham, AL for facilities and 

equipment ........................................................................................... 200,000 

Barre Family Health Center, Barre, MA for facilities and equipment .................................................................................................... 450,000 

Barrio Comprehensive Family Health Care Center, San Antonio, 

TX for facilities and equipment for the Dr. Frank Bryant Health 

Center .................................................................................................. 300,000 

Barry University, Miami Shores, FL, for facilities and equipment 

for the Institute for Community Health and Minority Medicine 1,000,000 

Bartlett Regional Hospital, Juneau, AK .............................................. 1,000,000 

1129 

Baton Rouge General Medical Center, Baton Rouge, LA for facilities and equipment for the Radiation Oncology Center at Bluebonnet .................................................................................................. 100,000 

Bay Area Medical Center Foundation, Marinette, WI, for facilities 

and equipment for a cancer care center ........................................... 250,000 

Bay Area Medical Center, Menominee, MI for facilities and equipment .................................................................................................... 200,000 

Bay Clinic Community Health Center, Hawaii ................................... 250,000 

Bay Clinic Community Health Center, Hawaii, for the Native Hawaiian Adolescent Health Psychology Initiative ............................. 50,000 

BayCare Health System, Clearwater, FL, to develop an electronic 

medication and clinical services ordering system ........................... 1,000,000 

Bayfront NATO, Inc., Erie, PA for construction, renovation, and 

equipment of a health clinic .............................................................. 100,000 

Baylor College of Medicine, Houston, TX ............................................ 250,000 

Baylor Institute for Immunology Research, Dallas, TX, for facilities 

and equipment .................................................................................... 100,000 

Bear Lake Memorial Hospital, Montpelier, ID for facilities and 

equipment ........................................................................................... 100,000 

Beaufort Memorial Hospital, Beaufort, SC for facilities and equipment .................................................................................................... 200,000 

Bellarmine University, Louisville, KY, for facilities and equipment 

for a nursing school facility ............................................................... 300,000 

Belmont University, Nashville, TN for facilities and equipment for 

health sciences .................................................................................... 930,000 

Beloit Memorial Hospital, Beloit, WI for facilities and equipment ... 300,000 

Benton County, OR for facilities and equipment for health services 

in Monroe, OR .................................................................................... 265,000 

Berkeley County Senior Services Agency, Martinsburg, WV for facilities and equipment ....................................................................... 18,000 

Bethel College, Inc., Mishawaka, IN for facilities and equipment .... 100,000 

Bethesda North Hospital, Montgomery, OH for facilities and equipment .................................................................................................... 150,000 

Birmingham Green Adult Care Residence, Manassas, VA for facilities and equipment ............................................................................ 200,000 

Blackstone Valley Community Health Care, Pawtucket, RI for facilities and equipment ....................................................................... 500,000 

Bloomsburg Hospital, Bloomsburg, PA ................................................ 250,000 

Blount County Memorial Hospital, Maryville, TN for facilities and 

equipment for a cancer center ........................................................... 50,000 

Bon Secours Hospital in Baltimore, MD .............................................. 100,000 

Bon Secours St. Francis Medical Center, Chesterfield, VA for facilities and equipment ............................................................................ 800,000 

Bonfils Blood Center Foundation, Denver, CO for facilities and 

equipment ........................................................................................... 290,000 

Booker T. Washington Center, Erie, PA .............................................. 100,000 

Boston Medical Center, Boston, MA for facilities and equipment for 

the J. Joseph Moakley Medical Services Building .......................... 1,000,000 

Boston University School of Medicine, Boston MA for facilities and 

equipment for research on amyloidosis and other subjects ............ 200,000 

Boys Town National Research Hospital, Omaha, NE ........................ 1,500,000 

Bradford Hospital Foundation, Bradford, PA, for facilities and 

equipment for Bradford Regional Medical Center ........................... 100,000 

Brandeis University Heller School for Social Policy and Management, Waltham, MA .......................................................................... 1,000,000 

Brazos Valley Family Medicine Center, Bryan, TX for facilities and 

equipment ........................................................................................... 50,000 

Brevard Community College, Cocoa, FL, for facilities and equipment .................................................................................................... 200,000 

Briar Cliff University, Sioux City, IA for facilities and equipment 50,000 

Brockton Hospital, Brockton, MA ......................................................... 200,000 

Brookhaven Memorial Hospital Medical Center, Patchogue, NY for 

facilities and equipment .................................................................... 150,000 

Burlington County College, Pemberton, NJ, for facilities and equipment for the Burlington County College Health Center ................. 600,000 

Calhoun County Committee on Aging for facilities and equipment 

for Calhoun County Senior Satellite Center, Grantsville, WV ....... 28,000 

1130 

California Hospital Medical Center, Los Angeles, CA for facilities 

and equipment .................................................................................... 1,370,000 

California State University at Bakersfield Foundation, Bakersfield, 

CA, for equipment and facilities for the Valley Fever Vaccine 

project .................................................................................................. 180,000 

Callen-Lorde Community Health Center, New York, NY for health 

and outreach services to teenagers and young adults .................... 90,000 

Campbellsville University, Campbellsville, KY, for facilities and 

equipment ........................................................................................... 250,000 

Candler County Hospital, Metter, GA for facilities and equipment 55,000 

Canyonlands Community Health Care, Page, AZ, for facilities and 

equipment at three clinics ................................................................. 100,000 

CAP Services, Stevens Point, WI for facilities and equipment and 

to provide dental services .................................................................. 200,000 

Capitol Community Health Center, Springfield, IL for facilities and 

equipment ........................................................................................... 300,000 

Carilion Health System, Roanoke, VA for facilities and equipment 

for the Southwest/Southside Virginia Children’s Dental Access 

Project ................................................................................................. 243,000 

Caring Foundation, Inc., Salt Lake City, UT to improve the oral 

health of underserved children in Utah and Idaho ......................... 300,000 

CARING, Inc., Pleasantville, NJ for facilities and equipment for a 

senior medical facility ........................................................................ 50,000 

Caritas Good Samaritan Medical Center, Brockton, MA ................... 300,000 

Carle Foundation Hospital, IL, and partners to establish the Midwest Breast Institute ......................................................................... 100,000 

Carnegie Mellon University, Pittsburgh, PA ....................................... 1,000,000 

Carter BloodCare, Bedford, TX for facilities and equipment ............. 1,000,000 

Case Western Reserve University, Cleveland, OH for facilities and 

equipment for a construction project involving Case Western Reserve University, University Hospitals of Cleveland and the 

Cleveland Clinic Foundation ............................................................. 4,500,000 

Center for Allied Health and Nursing, Hackensack, NJ for a program to recruit and train home health aides and other health 

care workers to become licensed practical nurses ........................... 250,000 

Center for Families and Children, Cleveland, OH for facilities and 

equipment ........................................................................................... 250,000 

Center for Health Workforce Development, Tennessee Hospital 

Education and Research Foundation, Nashville, TN for programs 

to address shortages of nursing faculty and other health professionals ................................................................................................. 150,000 

Center for Hope Hospice, Inc., Linden, NJ for facilities and equipment .................................................................................................... 90,000 

Center for Hospice and Palliative Care, Buffalo, NY for facilities 

and equipment .................................................................................... 300,000 

Center for Integration of Medicine and Innovative Technology, 

Cambridge, MA for equipment .......................................................... 50,000 

Center for the Disabled, Albany, NY, for facilities and equipment 150,000 

Central Bucks Ambulance and Rescue Unit, Doylestown, PA ........... 25,000 

Central Pennsylvania Blood Bank, Hummelstown, PA for equipment .................................................................................................... 25,000 

Centro de la Comunidad Unida/United Community Center in Milwaukee, WI for the Latino Geriatric Center .................................... 300,000 

Chai Lifeline, New York, NY for programs for seriously ill children 

and their families at Camp Simcha in Glen Spey, NY ................... 100,000 

Charles Cole Memorial Hospital, Coudersport, PA to build radiation oncology wing at the Patterson Cancer Care Center ............ 100,000 

Charles R. Drew University of Medicine and Science, Los Angeles, 

CA, for recruitment and appointment of new clinical faculty ........ 290,000 

Charlotte Hungerford Hospital, Torrington, CT for facilities and 

equipment ........................................................................................... 150,000 

Chemeketa Community College, Salem, OR for facilities and equipment for training of nursing and allied health students ................ 210,000 

Cherry Street Health Services, Grand Rapids, MI for facilities and 

equipment ........................................................................................... 140,000 

Child Neurology Society, Saint Paul, MN ........................................... 50,000 

Children’s Medical Research Institute, Oklahoma City, OK ............. 600,000 

1131 

Children’s Health Fund, Clarksdale, MS ............................................ 150,000 

Children’s Health Fund, New York, NY, for facilities and equipment for a Children’s Health Project in KY .................................... 250,000 

Children’s Healthcare of Atlanta, Atlanta, GA for facilities and 

equipment at Children’s at Scottish Rite ......................................... 200,000 

Children’s Hospital and Health Center, San Diego, CA for facilities 

and equipment .................................................................................... 425,000 

Children’s Hospital at Johnson City Medical Center, Johnson City, 

TN for facilities and equipment ........................................................ 600,000 

Childrens Hospital Los Angeles, Los Angeles, CA, for facilities and 

equipment for the Institute for Maternal and Fetal Health .......... 400,000 

Children’s Hospital Medical Center of Akron, Akron, OH for facilities and equipment ............................................................................ 750,000 

Children’s Hospital of Philadelphia, Philadelphia, PA ....................... 700,000 

Children’s Hospital of Pittsburgh, Pittsburgh, PA ............................. 700,000 

Children’s Hospital of the King’s Daughters, Norfolk, VA for facilities and equipment for the facility in Newport News, VA .............. 100,000 

Children’s Medical Center Dallas, Dallas, TX, for facilities and 

equipment for a Nursing Retention and Patient Care Improvement Project ....................................................................................... 225,000 

Children’s Medical Center of Dayton, Dayton, OH for facilities and 

equipment ........................................................................................... 600,000 

Children’s National Medical Center, Washington, DC for facilities 

and equipment .................................................................................... 500,000 

Children’s Specialized Hospital, Mountainside, NJ for facilities and 

equipment for a nursing facility in Mountainside, NJ .................... 90,000 

Children’s Specialized Hospital, Mountainside, NJ for facilities and 

equipment for a pediatric rehabilitation hospital in New Brunswick, NJ .............................................................................................. 500,000 

Chinatown Service Center, Los Angeles, CA for facilities and equipment for its dental clinic ................................................................... 200,000 

Chippewa Cree Tribe of the Rocky Boy’s Reservation, Box Elder, 

MT, for facilities and equipment for a health clinic ........................ 250,000 

CHRISTUS Santa Rosa Health Care, San Antonio, TX ..................... 1,000,000 

Chugiak Senior Citizens, Inc., Chugiak, AK for facilities and equipment .................................................................................................... 100,000 

Cincinnati Children’s Hospital Medical Center, Cincinnati, OH ....... 1,000,000 

City of Abilene-Taylor County Public Health District, Abilene, TX 

for facilities and equipment ............................................................... 750,000 

City of Azusa, CA for facilities and equipment for the City of Azusa 

Health Clinic ...................................................................................... 320,000 

City of Bridgeport, Bridgeport, CT, for facilities and equipment for 

a health and social service center ..................................................... 100,000 

City of Clark, South Dakota for construction of a health care facility ........................................................................................................ 250,000 

City of Homestead, FL, for facilities and equipment for the William 

F. ‘‘Bill’’ Dickinson Senior Center ..................................................... 125,000 

City of Madison Community Development Authority in Madison, 

Wisconsin to construct health facilities in the Triangle Project 

area ...................................................................................................... 200,000 

City of Martinsville, VA for facilities and equipment for a dental 

clinic .................................................................................................... 450,000 

City of Oxford, MS for the Oxford Enterprise Center to renovate facilities for health and pharmaceutical development research and 

educational activities ......................................................................... 500,000 

Clark County Department of Community Services, Vancouver, WA 

for facilities and equipment for the Center for Community 

Health ................................................................................................. 400,000 

Clark University, Worcester, MA ......................................................... 225,000 

Clay County Drug Treatment Facility, Cornettsville, KY for facilities and equipment ............................................................................ 750,000 

Clearfield Hospital, Clearfield, PA, for facilities and equipment ...... 100,000 

Clearwater Valley Hospital, Orofino, ID ............................................. 450,000 

Cleveland Clinic Foundation, Cleveland, OH for facilities and 

equipment for the heart center ......................................................... 1,200,000 

Cleveland Clinic Health System, Cleveland, Ohio, for the Euclid 

Hospital Emergency Department renovation and construction ..... 400,000 

1132 

Cleveland Department of Public Health, Cleveland, OH for facilities and equipment for the four city-owned health centers ............ 280,000 

Cleveland Foundation, Cleveland, OH, for facilities and equipment 

for NetWellness .................................................................................. 250,000 

Cold Spring Harbor Laboratory in New York ..................................... 1,000,000 

Colorado State University, Ft. Collins, CO for facilities and equipment .................................................................................................... 500,000 

Columbia Basin College, Pasco, WA for facilities and equipment for 

a health sciences education center at the Richland, WA campus 500,000 

Columbia Memorial Hospital, Hudson, NY, for facilities and equipment .................................................................................................... 150,000 

Columbia St Mary’s Hospital in Glendale, WI for the Madre Angela 

Dental Clinic ....................................................................................... 125,000 

Columbus Children’s Research Institute, Columbus, OH for facilities and equipment ............................................................................ 1,200,000 

Community Care Network, Montgomery, AL, for facilities and 

equipment ........................................................................................... 200,000 

Community College of Allegheny County, Pittsburgh, PA for facilities and equipment for nurse training ............................................. 150,000 

Community College of Southern Nevada for a mobile dental outreach treatment and education program .......................................... 150,000 

Community Counseling Center, for the development of a trauma 

assistance center ................................................................................ 100,000 

Community Crisis Center, Inc., Elgin, IL for facilities and equipment .................................................................................................... 250,000 

Community Dental Care Foundation, Wausau, WI for dental education and to provide dental screening and sealants for children 75,000 

Community Free Clinic of Decatur-Morgan County, Inc., Decatur, 

AL for rural outreach ......................................................................... 40,000 

Community General Foundation, Syracuse, NY for facilities and 

equipment at the Community General Hospital ............................. 1,000,000 

Community Health Care Services Foundation, Inc., East 

Greenbush, NY, for telemedicine services ........................................ 50,000 

Community Health Care Systems, Wrightsville, GA for facilities 

and equipment at its Tennille, GA health center ............................ 50,000 

Community Health Center of Asbury Park, NJ for facilities and 

equipment ........................................................................................... 500,000 

Community Health Centers in Iowa .................................................... 3,000,000 

Community Health Clinic, Inc., New Kensington, PA ........................ 25,000 

Community Health Improvement Center, Decatur, IL for facilities 

and equipment .................................................................................... 125,000 

Community Health Partners, Kathlamet, WA for start-up costs for 

a free medical clinic ........................................................................... 40,000 

Community HealthCare Associates of the Dakotas, Bismarck, ND 200,000 

Community Medical Center Healthcare System, Scranton, PA to 

purchase equipment ........................................................................... 250,000 

Community Medical Center, Missoula, MT ......................................... 1,000,000 

Community Medical Center, Scranton, PA .......................................... 100,000 

Community Medical Centers, Fresno, CA ........................................... 100,000 

Community Memorial Hospital, Staunton, IL for facilities and 

equipment ........................................................................................... 225,000 

Conemaugh Health Systems, Johnstown, PA ..................................... 250,000 

Coney Island Hospital, Brooklyn, NY for facilities and equipment 250,000 

Connecticut Children’s Medical Center, Hartford, CT for facilities 

and equipment .................................................................................... 1,000,000 

Contra Costa Community College District, Diablo Valley College, 

Pleasant Hill, CA for a program to train medical laboratory technicians ................................................................................................. 225,000 

Cooley Dickinson Hospital, Northampton, MA for facilities and 

equipment ........................................................................................... 300,000 

Cooper University Hospital in New Jersey ......................................... 200,000 

Cooperative Education Service Agency No. 11, Turtle Lake, WI for 

dental services .................................................................................... 350,000 

Corinthian Development Corporation, Louisville, KY, for facilities 

and equipment .................................................................................... 50,000 

County of Clarion/Clarion University, Clarion, PA ............................ 100,000 

County of Kaua’i, HI for facilities for substance abuse treatment .... 390,000 

1133 

County of San Diego, Edgemoor Hospital, Santee, CA for facilities 

and equipment .................................................................................... 420,000 

County of San Mateo, CA for facilities and equipment for the San 

Mateo Medical Center ........................................................................ 800,000 

Creighton University, Omaha, NE, for facilities and equipment for 

the health science complex ................................................................ 500,000 

Crozer-Chester Health System, Springfield, PA for facilities and 

equipment at the Nathan Speare Regional Burn Treatment Center at the Medical Center .................................................................. 500,000 

Crozer-Keystone, Springfield, PA ......................................................... 100,000 

Crusader Clinic, Rockford, IL for facilities and equipment at two 

sites ..................................................................................................... 1,000,000 

Cumberland County Hospital, Burkesville, KY for facilities and 

equipment ........................................................................................... 100,000 

Dan River Region, Danville, VA, for Project Access ........................... 25,000 

Dana-Farber Cancer Institute, Boston, MA ........................................ 300,000 

Deaconess Billings Diabetes Center, Billings, MT .............................. 278,000 

Deaconess Hospital, Oklahoma City, OK ............................................ 50,000 

Decatur Memorial Hospital, Decatur, IL for facilities and equipment .................................................................................................... 200,000 

Delaware Valley Community Health, Philadelphia, PA for facilities 

and equipment for the Maria de los Santos Community Health 

Center .................................................................................................. 250,000 

Delta Health Alliance, Stoneville, MS for construction, renovation, 

and equipment .................................................................................... 450,000 

Des Moines University, Des Moines, IA .............................................. 155,000 

Des Moines University, Des Moines, IA for facilities and equipment 

for the Iowa Chronic Care Consortium ............................................ 333,000 

DeWitt Hospital and Nursing Home, DeWitt, AR for facilities and 

equipment ........................................................................................... 400,000 

Down Syndrome Research and Treatment Foundation, Washington, 

D.C., for facilities and equipment ..................................................... 150,000 

DuBois Regional Medical Center, DuBois, PA, for facilities and 

equipment ........................................................................................... 200,000 

DuPage Convalescent Center, Wheaton, IL for facilities and equipment .................................................................................................... 600,000 

East Bay Community Action Program, East Providence, RI for facilities and equipment for dental care, mental health and other 

health services .................................................................................... 500,000 

East Boston Neighborhood Health Center, East Boston, MA, for a 

health-care workforce development program ................................... 225,000 

East Tennessee State University James H. Quillen College of Medicine, Johnson City, TN for facilities and equipment for the East 

Tennessee Forensics Center .............................................................. 200,000 

East Tennessee State University, James H. Quillen College of Medicine, Johnson City, TN, for facilities and equipment for a mobile 

surgical unit ........................................................................................ 100,000 

East Valley Community Health Center, West Covina, CA for facilities and equipment ............................................................................ 220,000 

Eastern Connecticut Health Network, Rockville, CT ......................... 200,000 

Eau Claire Cooperative Health Center, Columbia, SC for facilities, 

equipment and rural health care services at its Ridgeway, SC 

health center ....................................................................................... 400,000 

Eblen Charities, Asheville, NC, for facilities and equipment ............ 250,000 

Ed Roberts Campus in Berkeley, CA ................................................... 500,000 

Edward R. Roybal Comprehensive Health Center, Los Angeles, CA 

for facilities and equipment ............................................................... 400,000 

El Proyecto Del Barrio, Arleta, CA for facilities and equipment at 

its Canoga Park site .......................................................................... 180,000 

El Pueblo Health Center, Tucson, AZ for facilities and equipment 400,000 

Elk Regional Health Systems, St. Marys, PA ..................................... 100,000 

Elliot Health System, Manchester, NH ............................................... 750,000 

Emanuel County Hospital Authority, Swainsboro, GA for facilities 

for its rural health clinic in Twin City, GA ..................................... 50,000 

Emergency Medicine Foundation, Dallas, TX, for Bioterrorism Preparedness Training for First Responders ......................................... 50,000 

1134 

Endless Mountains Health Systems, Montrose, PA, for facilities 

and equipment .................................................................................... 250,000 

Enterprise Valley Medical Clinic in Enterprise, UT ........................... 70,000 

Ephrata Community Hospital, Ephrata, PA, for facilities and 

equipment ........................................................................................... 200,000 

Erie County Department of Health, Erie, PA to implement the 

Nurse Family Partnership (NFP) Program ..................................... 50,000 

Erie County Medical Center, Buffalo, NY for equipment .................. 250,000 

Evangelical Community Hospital, Lewisburg, PA, for facilities and 

equipment ........................................................................................... 600,000 

Evans Memorial Hospital, Claxton, GA for facilities and equipment 50,000 

Every Citizen Has Opportunities, Inc., Leesburg, VA for facilities 

and equipment .................................................................................... 125,000 

Every Woman’s Place/Webster House Youth Services, Muskegon, 

MI for facilities and equipment ........................................................ 150,000 

Fairfield Medical Center, Lancaster, OH, for facilities and equipment .................................................................................................... 200,000 

Fairfield Memorial Hospital, Winnsboro, SC for facilities and 

equipment ........................................................................................... 250,000 

Fairness Advocates for Intergenerational Rights (FAIR), Philadelphia, PA for health care outreach ..................................................... 25,000 

Fairview Health System, Minneapolis, MN for equipment ................ 515,000 

Familia Unida Living With Multiple Sclerosis, Los Angeles, CA to 

improve support services to individuals and families affected by 

multiple sclerosis and other debilitating diseases ........................... 100,000 

Family and Children’s Counseling Centers, Louisville, KY, for facilities and equipment ....................................................................... 100,000 

Family Health Center of Marshfield, Marshfield, WI for facilities 

and equipment and to provide dental services ................................ 350,000 

Family Health Center of Southern Oklahoma, Tishomingo, OK for 

facilities and equipment for dental services .................................... 105,000 

Family Health Center, Columbia, MO ................................................. 150,000 

Family Health Centers, Inc., Louisville, KY for facilities and equipment .................................................................................................... 150,000 

Faulk County Memorial Hospital, SD ................................................. 75,000 

Finley Health Foundation, Dubuque, IA for facilities and equipment at the diabetes center at Finley Hospital ............................... 500,000 

Fish River Rural Health Center, Eagle Lake, ME for facilities and 

equipment ........................................................................................... 30,000 

Fletcher Allen Health Care of Burlington, VT .................................... 1,100,000 

Florida A&M University ....................................................................... 800,000 

Florida Cancer Research Cooperative, University of South Florida, 

Tampa, FL for telemedicine .............................................................. 500,000 

Florida Emergency Medicine Foundation, Orlando, FL for facilities 

and equipment .................................................................................... 125,000 

Florida Hospital College of Health Sciences, Orlando, FL for facilities and equipment ............................................................................ 125,000 

Florida Memorial College, Miami, FL for health-related facilities 

and equipment .................................................................................... 400,000 

Fort Hudson Nursing Home, Inc., Fort Edward, NY, for facilities 

and equipment .................................................................................... 50,000 

Forum Health, Youngstown, OH for facilities and equipment .......... 200,000 

Fox Chase Cancer Center, Philadelphia, PA ....................................... 750,000 

Franklin and Marshall College, Lancaster, PA ................................... 400,000 

Franklin Medical Center, Greenfield, MA for facilities and equipment .................................................................................................... 200,000 

Free Clinics of Iowa in Des Moines ...................................................... 400,000 

Fresno Community Hospital and Medical Center, Fresno, CA for 

facilities and equipment for an outpatient care clinic at the Community Regional Medical Center in Fresno ..................................... 450,000 

Frick Hospital, Greensburg, PA ........................................................... 250,000 

Fulton County Medical Center, McConnellsburg, PA ......................... 250,000 

G.A. Carmichael Family Health Center, Canton, MS for facilities 

and equipment .................................................................................... 240,000 

Gadsden State Community College, Gadsden, AL for the Alabama 

Institute for Nursing Education and Emergency Preparedness 

Program at Fort McClellan, AL ........................................................ 400,000 

1135 

Gadsden State Community College, Gadsden, AL, for facilities and 

equipment ........................................................................................... 200,000 

Garfield County Public Hospital, Pomeroy, WA for facilities and 

equipment ........................................................................................... 50,000 

Gateway, Aliquippa, PA ........................................................................ 100,000 

Geisinger Health System, Danville, PA, for construction of the Center for Health Research and Rural Advocacy .................................. 1,000,000 

Geisinger Health System, Danville, PA, for facilities and equipment for an endovascular surgical suite on the Geisinger campus 

in Danville .......................................................................................... 500,000 

Genesee County Economic Development Center, Batavia, NY, for a 

telemedicine project ........................................................................... 250,000 

Georgetown University Medical Center, Lombardi Comprehensive 

Cancer Center, Washington, DC for Carey Lackman Slease metastatic breast cancer treatment enhancement program ................... 200,000 

Georgia Southern University, School of Nursing, Statesboro, GA, 

for rural nursing and nursing education outreach programs ......... 150,000 

Glens Falls Hospital, Glens Falls, NY, for facilities and equipment 250,000 

Good News Doctor Foundation and the International Child Development Resources Center, Inc., Melbourne, FL for facilities and 

equipment ........................................................................................... 650,000 

Good Samaritan Health Systems, Good Samaritan Hospital Foundation, Kearney, NE, for the Mid-Nebraska Telemedicine Network ..................................................................................................... 200,000 

Good Samaritan Hospital Regional Medical Center, Pottsville, PA 250,000 

Good Samaritan Hospital, Cincinnati, OH .......................................... 800,000 

Good Samaritan Hospital, Lebanon, PA for equipment ..................... 250,000 

Good Shepherd Rehabilitation Home, Allentown, PA for construction, renovation and equipment ........................................................ 250,000 

Goodall-Witcher Hospital, Clifton, TX for facilities and equipment 400,000 

Government of the Virgin Islands, Department of Health, for facilities and equipment for emergency medical services ....................... 340,000 

Greater Harrisburg Foundation, Harrisburg, PA to collect and examine rural health indicator information ........................................ 75,000 

Greater Hazleton Health Alliance, Hazleton, PA ............................... 250,000 

Greater New Bedford Community Health Center, New Bedford, 

MA for facilities and equipment ....................................................... 500,000 

Green River Medical Center of Emery County and Eastern Grand 

County, Utah to provide on-site dental services .............................. 50,000 

Greenburgh Health Center, White Plains, NY for facilities and 

equipment ........................................................................................... 100,000 

Grimes St. Joseph Health Center, Navasota, TX for facilities and 

equipment ........................................................................................... 200,000 

Grossmont Hospital Foundation, La Mesa, CA for facilities and 

equipment for Grossmont Hospital, San Diego, CA ........................ 200,000 

Guam Department of Public Health and Social Services, for facilities and equipment for the Northern Region Health Center ......... 400,000 

Gurwin Jewish Geriatric Center, Commack, NY for an electronic 

charting system .................................................................................. 340,000 

H. Lee Moffitt Cancer Center and Research Institute, Tampa, FL 

for facilities and equipment ............................................................... 2,000,000 

Hackensack University Medical Center, Hackensack, NJ for implementation of a computerized oncology patient management system ....................................................................................................... 340,000 

Hackettstown Community Hospital, Hackettstown, NJ for facilities 

and equipment .................................................................................... 145,000 

Hamilton Health Center, Inc., Harrisburg, PA ................................... 100,000 

Hancock County Municipal Government and Wellmont Health System, Sneedville, TN for construction, renovation, and equipment 

of a health clinic ................................................................................. 500,000 

HARBOR BRANCH Oceanographic Institution, Fort Pierce, FL for 

facilities and equipment .................................................................... 200,000 

Harney District Hospital, Burns, OR for facilities and equipment ... 130,000 

Harris County Hospital District, Houston, TX for facilities and 

equipment for the emergency room at Ben Taub General Hospital ..................................................................................................... 860,000 

1136 

Harris County Hospital District, Houston, TX for implementation 

of a telehealth program ..................................................................... 240,000 

Hauptman-Woodward Medical Research Institute, Buffalo, NY for 

facilities and equipment .................................................................... 250,000 

Haywood Regional Medical Center, Clyde, NC, for facilities and 

equipment ........................................................................................... 250,000 

Hazleton General Hospital, Hazleton, PA for facilities and equipment .................................................................................................... 320,000 

Health system of the University of Pennsylvania, Philadelphia, PA 1,000,000 

Healthcare Information Xchange of New York, Clifton Park, NY, 

for facilities and equipment ............................................................... 250,000 

HealthNet, Inc., Indianapolis, IN for facilities and equipment for 

People’s Community Health Center ................................................. 320,000 

HealthPoint Family Care, Inc., Newport, KY ..................................... 500,000 

Heartland Regional Medical Center, St. Joseph, MO for equipment 250,000 

Hebrew Home for the Aged at Riverdale, Riverdale, NY, for facilities and equipment ............................................................................ 260,000 

Henderson State University, Arkadelphia, AR for facilities and 

equipment for nursing education ...................................................... 300,000 

Henry Mayo Newhall Memorial Hospital, Valencia, CA for facilities 

and equipment .................................................................................... 100,000 

Hidalgo Medical Services, NM .............................................................. 100,000 

Hillcrest Healthcare System, Tulsa, OK .............................................. 100,000 

Hilltown Community Health Centers, Worthington, MA for facilities and equipment at the Huntington Health Center ................... 150,000 

Hispanic American Council of Erie, Erie, PA ...................................... 100,000 

Holy Cross Hospital, Silver Spring, MD for facilities and equipment 320,000 

Holy Name Hospital, Teaneck, NJ for facilities and equipment ....... 450,000 

Holy Names University, Oakland, CA ................................................. 100,000 

Holy Redeemer Health System, Huntingdon Valley, PA for construction, renovation, and equipment .............................................. 250,000 

Holyoke Hospital, Holyoke, MA for facilities and equipment ............ 300,000 

Hope College, Holland, MI for facilities and equipment for a science 

building ............................................................................................... 250,000 

Hopkins County Community Clinic, Hopkins County, KY ................ 200,000 

Horn Memorial Hospital, Ida Grove, IA, for facilities and equipment .................................................................................................... 125,000 

Hospice of Cabarrus County, Inc., Concord, NC for Hospice House 

in Kannapolis, NC .............................................................................. 100,000 

Hospice of Metropolitan Erie, Inc., Erie, PA ....................................... 100,000 

Hospice of Napa Valley, Napa, CA for facilities and equipment ....... 640,000 

Hospice of Northwest Ohio, Perrysburg, OH ...................................... 250,000 

Hospital Authority of Miller County, Colquitt, GA for facilities and 

equipment ........................................................................................... 150,000 

Hospital for Special Surgery, NY ......................................................... 400,000 

Houlton Regional Hospital, Houlton, ME for facilities and equipment .................................................................................................... 50,000 

Housing Authority of the County of Los Angeles, CA for facilities 

and equipment for its Casa de la Esperanza health care program 150,000 

Houston County Hospital, Crockett, TX for facilities and equipment 400,000 

Howard Community College, Columbia, MD for expansion of nursing education programs ..................................................................... 300,000 

Hudson Headwaters Health Network, Glens Falls, NY, for facilities 

and equipment for the Warrensburg Health Center ....................... 200,000 

Hudson River Community Health, NY ................................................ 100,000 

Humility of Mary Health Partners, Boardman, OH for facilities and 

equipment for Hospice of the Valley ................................................. 700,000 

Huntington Memorial Hospital, Pasadena, CA for facilities and 

equipment ........................................................................................... 350,000 

Hurley Medical Center, Flint, MI for replacement of its clinical patient information system ................................................................... 700,000 

I.M. Sulzbacher Center for the Homeless, Inc., Jacksonville, FL for 

facilities and equipment for a healthcare facility ............................ 500,000 

ICAN/Kids Oneida, Utica, NY .............................................................. 50,000 

Idaho Commission on Nursing and Nursing Education, Idaho Falls, 

ID, for the Idaho Nursing Leadership and Workforce Network .... 250,000 

Idaho State University, Telehealth Idaho Network, to continue expanding and improving health care access ...................................... 1,350,000 

1137 

Illinois Primary Health Care Association, Springfield, IL for a Center for Excellence ................................................................................ 600,000 

Independence Square Foundation, Kingston, RI ................................ 200,000 

Indian Health Council, Inc., Pauma Valley, CA, for facilities and 

equipment for the IHC Health and Wellness Campus on the 

Rincon Indian Reservation ................................................................ 500,000 

Indiana Regional Medical Center, Indiana, PA .................................. 250,000 

Indiana University-Purdue University Fort Wayne, Fort Wayne, 

IN, for facilities and equipment ........................................................ 150,000 

Infirmary Health System, Mobile Infirmary, Mobile, AL .................. 100,000 

Inland Northwest Health Services in Spokane, WA ........................... 500,000 

INOVA Health System, Falls Church, VA for facilities and equipment for the CBP Hospital, Pignon, Haiti ....................................... 150,000 

INOVA Health System, Falls Church, VA for facilities and equipment for the Claude Moore Health Education Center at INOVA 

Fairfax Hospital ................................................................................. 1,058,000 

INOVA Health System, Falls Church, VA for facilities and equipment for the George Mason University Krasnow Institute, Fairfax, VA ................................................................................................ 150,000 

INTEGRIS Marshall Memorial Hospital, Madill, OK for facilities 

and equipment .................................................................................... 375,000 

Intermountain Health Care, Salt Lake City, UT to develop a pilot 

program for telemedicine interpreting services for the deaf .......... 500,000 

Iowa Caregivers Association ................................................................. 100,000 

Iowa Department of Public Health to continue the Center for 

Healthcare Workforce Shortages ...................................................... 1,400,000 

Iowa Health Foundation, Des Moines, IA for a demonstration 

project to improve dental care in underserved rural areas ............ 300,000 

Iowa Nebraska Primary Care Association for planning grants to 

Iowa communities .............................................................................. 150,000 

Isla Vista Youth Projects, Isla Vista, CA for health-related facilities 

and equipment .................................................................................... 200,000 

J.C. Blair Memorial Hospital, Huntingdon, PA, for facilities and 

equipment ........................................................................................... 250,000 

Jackman Region Health Center, Jackman, ME for facilities and 

equipment ........................................................................................... 200,000 

Jackson County, MS for facilities and equipment for the county 

health department ............................................................................. 340,000 

Jackson Health System, Miami, FL, for facilities and equipment for 

the South Florida AIDS Network ..................................................... 200,000 

Jackson Medical Mall Foundation, Jackson, MS ................................ 1,000,000 

Jackson Public School District, Jackson, MS for Healthy Children, 

Homes, Education, and Community (HealthCHEC) project ........... 1,000,000 

Jackson State University, Jackson, MS for the Southern Institute 

for Mental Health Research and Training ....................................... 900,000 

Jamaica Hospital, Brooklyn, NY for equipment ................................. 300,000 

James B. Haggin Memorial Hospital, Harrodsburg, KY for a Picture Archiving Communications System and network ................... 275,000 

James Whitcomb Riley Hospital for Children, Indianapolis, IN, for 

facilities and equipment for the Riley Pediatric Burn Unit ........... 25,000 

Jameson Hospital, New Castle, PA ...................................................... 125,000 

Jefferson Memorial Hospital, Ranson, WV for facilities and equipment .................................................................................................... 57,000 

Jersey City Medical Center, Jersey City, NJ for facilities and 

equipment ........................................................................................... 400,000 

Jersey Shore Hospital, Jersey Shore, PA, for facilities and equipment .................................................................................................... 200,000 

Jewish Community Centers of Staten Island, Staten Island NY for 

facilities and equipment .................................................................... 100,000 

Jewish Renaissance Medical Center, Perth Amboy, NJ for facilities 

and equipment .................................................................................... 700,000 

Joe DiMaggio Hospital in Hollywood, FL ............................................ 200,000 

John F. Kennedy Center, Erie, PA for construction of a primary 

health care clinic ................................................................................ 100,000 

John T. Mather Memorial Hospital, Port Jefferson, NY for facilities 

and equipment .................................................................................... 200,000 

Jordan Hospital, Plymouth, MA for facilities and equipment ........... 650,000 

1138 

Katahdin Valley Health Center, Southern Aroostook/Northern Penobscot Health Care Access, Patten, ME ......................................... 200,000 

Katherine Shaw Bethea Hospital, Dixon, IL, for facilities and 

equipment ........................................................................................... 750,000 

Kauai Community Health Center in Hawaii ...................................... 50,000 

Kennedy Krieger Institute, Baltimore, MD for facilities and equipment .................................................................................................... 750,000 

Kent County Memorial Hospital, Warwick, RI for facilities and 

equipment ........................................................................................... 400,000 

Kent County Visiting Nurses Association (VNA of Care New England), Warwick, RI to increase access to home health care via 

telemedicine ........................................................................................ 100,000 

Kern County Medical Center, Bakersfield, CA, for facilities and 

equipment ........................................................................................... 250,000 

Kettering College of Medical Arts, Kettering, OH, for facilities and 

equipment ........................................................................................... 550,000 

Kettering College of the Medical Arts, Dayton, Ohio for construction of new nursing/physician assistant education building ........... 250,000 

Keystone Health Center, Chambersburg, PA ...................................... 250,000 

Keystone Rural Health Consortia, Inc., Emporium, PA ..................... 100,000 

Kiamichi Family Medical Center, Battiest, OK for facilities and 

equipment ........................................................................................... 175,000 

KidsPeace, Orefield, PA ........................................................................ 100,000 

Kimball Medical Center, Lakewood, NJ .............................................. 100,000 

Kings County Hospital Center, Brooklyn, NY for facilities and 

equipment ........................................................................................... 320,000 

Klamath County Public Health Department, Klamath Falls, OR, to 

build a new Public Health Facility ................................................... 75,000 

Knox Community Hospital, Mt. Vernon, OH for facilities and 

equipment ........................................................................................... 600,000 

Kosair Children’s Hospital, Louisville, KY for facilities and equipment for the heart institute .............................................................. 300,000 

Kuakini Hospital Research Facility in Hawaii ................................... 50,000 

La Clinica de Familia CHC in Las Cruces, NM for its promotoras/ 

community health workers program ................................................ 125,000 

La Familia Medical Center in Santa Fe, NM, to expand its community health workers/promotoras program ........................................ 50,000 

La Familia Medical Center, Santa Fe, NM for facilities and equipment .................................................................................................... 500,000 

La Maestra Community Health Centers, San Diego, CA for facilities and equipment ............................................................................ 566,000 

Lake Erie College, Painesville, OH for facilities and equipment ...... 300,000 

Lake Land College, Mattoon, IL, for facilities and equipment for 

the allied health wing of the western region advanced technology 

center ................................................................................................... 575,000 

Lamprey Health Care, Newmarket, NH for facilities and equipment .................................................................................................... 450,000 

Lancaster General College of Nursing and Health Sciences, Lancaster, PA, for facilities and equipment ........................................... 250,000 

Landmark Medical Center, Woonsocket, RI for facilities and equipment .................................................................................................... 600,000 

Langlade Memorial Hospital, Antigo, WI for a four-county dental 

health project ...................................................................................... 400,000 

Lansing Community College, Lansing, MI, for facilities and equipment for a medical training facility .................................................. 200,000 

Lapeer Regional Hospital, Lapeer, MI for facilities and equipment 100,000 

LaSalle Primary Care Center, Jena, LA for facilities and equipment for the center in Jonesville ...................................................... 200,000 

Latrobe Area Hospital, Latrobe, PA ..................................................... 250,000 

Lawrence County Memorial Hospital, Lawrenceville, IL for facilities and equipment ............................................................................ 125,000 

Lawrence General Hospital, Lawrence, MA for facilities and equipment .................................................................................................... 540,000 

Lawrence Memorial Hospital, Lawrence, KS for facilities and 

equipment ........................................................................................... 300,000 

Lawton Chiles Foundation, Tallahassee, FL, for facilities and 

equipment ........................................................................................... 1,000,000 

1139 

Le Bonheur Children’s Medical Center, Memphis, TN ...................... 1,000,000 

Leake Memorial Hospital, Carthage, MS, for facilities and equipment .................................................................................................... 275,000 

Lehigh Valley Hospital, Allentown, PA ............................................... 700,000 

Lexington 4 Life, Lexington, MO for health-related facilities and 

equipment ........................................................................................... 400,000 

Lienhard School of Nursing, Pace University, Pleasantville, NY for 

programs to promote interest in nursing and other health professions careers among middle school students from diverse backgrounds ............................................................................................... 104,000 

Los Angeles Southwest College, Los Angeles, CA for nursing and 

allied health training programs ........................................................ 350,000 

Louisiana State University Health Sciences Center, Shreveport, LA 

for facilities and equipment for the Children’s Center ................... 100,000 

Lourdes Health System, Lourdes Medical Center of Burlington 

County, Willingboro, NJ, for facilities and equipment .................... 500,000 

Low Birth Weight Development Center, Dallas, TX for programs to 

promote the health and development of very low-birth weight infants .................................................................................................... 100,000 

Lucile Packard Children’s Heart Center, Palo Alto, CA .................... 100,000 

Lucile Packard Children’s Hospital, Palo Alto, CA for facilities and 

equipment ........................................................................................... 450,000 

Lucy Curci Cancer Center at Eisenhower Medical Center, Rancho 

Mirage, CA for facilities and equipment .......................................... 250,000 

Lutheran Social Services of South Dakota .......................................... 200,000 

Lynn Community Health Center, Lynn, MA for facilities and equipment .................................................................................................... 500,000 

Madison Center, South Bend, IN for facilities and equipment for 

the Geropsychology Institute ............................................................ 200,000 

Madison Community Health Center, Madison, WI for facilities and 

equipment ........................................................................................... 200,000 

Magee Rehabilitation Hospital, Thomas Jefferson Health System, 

Philadelphia, PA ................................................................................ 250,000 

Magee Women’s Research Institute, Pittsburgh, PA .......................... 1,000,000 

Main Line Health System, Bryn Mawr, PA for equipment ............... 200,000 

Malone College, Canton, OH for facilities and equipment ................. 500,000 

Marcum and Wallace Memorial Hospital, Irvine, KY for a Picture 

Archiving Communications System and network ........................... 275,000 

Margaretville Memorial Hospital, Margaretville, NY, for facilities 

and equipment .................................................................................... 50,000 

Marianjoy Rehabilitation Hospital, Wheaton, IL for facilities and 

equipment ........................................................................................... 200,000 

Marias Medical Center, Shelby, MT .................................................... 400,000 

Maricopa County, AZ for extension of its telemedicine capabilities 250,000 

Maricopa County, AZ for facilities and equipment for health care 

and dental clinics ............................................................................... 250,000 

Marietta Memorial Hospital, Marietta OH ......................................... 250,000 

Marion Downs Hearing Center, Denver, CO ....................................... 1,000,000 

Marquette General Hospital, Marquette, MI for facilities and 

equipment ........................................................................................... 260,000 

Marquette University, Milwaukee, WI for health related facilities 

and equipment .................................................................................... 350,000 

Marquette University, School of Dentistry, Milwaukee, WI for dentistry outreach program to train healthcare professionals ............. 285,000 

Marshall University for a mobile medical unit which will provide 

pediatric care to medically underserved children in rural areas of 

Wayne, Lincoln, and Cabell counties in West Virginia and for a 

telehealth project with Walter Reed Hospital for support of virtual colonoscopies and technology for the transfer of automated 

medical records in rural areas of West Virginia .............................. 2,000,000 

Marshfield Clinic, Marshfield, WI for facilities and equipment for 

the Melvin R. Laird Center for Applied Sciences ............................ 9,000,000 

Mary Bird Perkins Cancer Center, Baton Rouge, LA for facilities 

and equipment .................................................................................... 100,000 

Mary Imogene Bassett Hospital, Inc., Bassett Healthcare, Cooperstown, NY ............................................................................................. 250,000 

1140 

Mary Lanning Memorial Hospital, Hastings, NE, for facilities and 

equipment ........................................................................................... 50,000 

Massachusetts College of Pharmacy and Health Sciences, Boston, 

MA for facilities and equipment for the Manchester campus ........ 350,000 

Massachusetts College of Pharmacy and Health Sciences, Boston, 

MA, for telehealth programs at its Worcester campus Health 

Education and Resource Center ........................................................ 450,000 

Maui Community Health Center in Hawaii ........................................ 1,250,000 

Maui Economic Development Board in Hawaii for the Lanai Women’s Initiative ...................................................................................... 50,000 

MedCentral College of Nursing, Mansfield, OH for facilities and 

equipment ........................................................................................... 400,000 

Medical College of Georgia, Augusta, GA for facilities and equipment for a cancer research building ................................................. 500,000 

Medical College of Ohio at Toledo for facilities and equipment ........ 650,000 

Medical College of Wisconsin, Milwaukee, WI for facilities and 

equipment ........................................................................................... 2,600,000 

Medical University of South Carolina Oncology Center, Charleston, 

SC ........................................................................................................ 10,000,000 

Meharry Medical College, Nashville, TN ............................................. 500,000 

Meigs County Community Clinic, Pomeroy, OH for facilities and 

equipment ........................................................................................... 240,000 

Memorial Health System Foundation, Inc., Ormond Beach, FL, for 

facilities and equipment for a hospice to be located on the Florida 

Hospital Flagler campus in Palm Coast, FL .................................... 100,000 

Memorial Health University Medical Center, Savannah, GA for facilities and equipment for a biomedical research building ............. 1,000,000 

Memorial Healthcare System, Hollywood, FL, facilities and equipment for the Joe DiMaggio Children’s Hospital pediatric emergency department ............................................................................... 100,000 

Memorial Hermann Health System, Houston, TX for facilities and 

equipment for neighborhood health centers .................................... 360,000 

Memorial Hermann Healthcare System, Houston, TX for facilities 

and equipment .................................................................................... 2,000,000 

Memorial Hospital of Rhode Island, Pawtucket, RI for facilities and 

equipment ........................................................................................... 700,000 

Memorial Medical Center, Springfield, IL for facilities and equipment .................................................................................................... 450,000 

Memphis Biotech Foundation, Memphis, TN for construction, renovation, and equipment of biomedical research buildings .............. 2,000,000 

Mercy Fitzgerald Hospital, Darby, PA ................................................. 250,000 

Mercy Foundation, Des Moines, IA, for the Midwest Rural Telemedicine Consortium ......................................................................... 450,000 

Mercy Health Partners, Scranton, PA ................................................. 250,000 

Mercy Health Partners, Toledo, OH .................................................... 450,000 

Mercy Hospital Cadillac, Cadillac, MI for facilities and equipment 225,000 

Mercy Hospital of Philadelphia, Philadelphia, PA .............................. 250,000 

Mercy Hospital, Miami, FL for facilities and equipment ................... 150,000 

Mercy Hospital, Port Huron, MI for facilities and equipment ........... 200,000 

Mercy Jeannette Hospital, Jeannette, PA ........................................... 90,000 

Mercy Medical Center, Canton, OH for facilities and equipment ..... 1,000,000 

Mercy Medical Center, Springfield, MA .............................................. 275,000 

Mercy Suburban Hospital, Norristown, PA ......................................... 250,000 

Meridian Health in New Jersey for the Jersey Shore Emergency 

Reponses Center ................................................................................. 300,000 

Meridian Health, Neptune, NJ for hospitals in Brick, NJ for facilities and equipment for the Pharmacological Institute .................... 75,000 

MetroHealth System, Cleveland, OH for facilities and equipment 

for the pediatric intensive care unit ................................................. 650,000 

Metroplex Hospital, Killeen, TX, for facilities and equipment .......... 100,000 

Metropolitan Hospital, New York, NY for facilities and equipment 400,000 

Miami Children’s Hospital, Miami, FL, for equipment for the Pediatric Brain Tumor and Neurological Disease Institute ................... 250,000 

Michigan State University, East Lansing, MI, for a telehospice 

project .................................................................................................. 100,000 

Mid-America Research and Development Foundation, Columbia, 

MO ....................................................................................................... 200,000 

Middle Tennessee State University, Murfreesboro, TN ..................... 750,000 

1141 

Midwestern University, Chicago College of Pharmacy, Downers 

Grove, IL for facilities and equipment ............................................. 400,000 

Midwestern University, Glendale, AZ, for a rural postgraduate educational program at Sierra Vista Regional Medical Center ........... 400,000 

Millcreek Community Hospital, Erie, PA ............................................ 200,000 

Millennium Center for Convergent Technologies, Commack, NY ..... 125,000 

Minnesota State Colleges and Universities, Saint Paul, Minnesota, 

for expansion of nursing and allied health education programs in 

areas that demonstrate critical occupational needs ........................ 100,000 

Mission Community Hospital, Panorama City, CA for facilities and 

equipment for its San Fernando Valley facility ............................... 265,000 

Missisquoi Valley Union High School District, Swanton, VT for facilities and equipment for school-based dental and primary 

health care clinics .............................................................................. 55,000 

Mississippi Band of Choctaw Indians, Choctaw, MS, Choctaw 

Health Center for health-related construction, renovation, and 

equipment ........................................................................................... 600,000 

Mississippi Primary Health Care Association, Jackson, MS ............. 705,000 

Mississippi University for Women, Columbus, MS ............................. 1,000,000 

Modoc Indian Health Project, Alturas, CA for facilities and equipment for the Modoc Medical Center and Surprise Valley District 

Hospital ............................................................................................... 250,000 

Mohawk Valley Community College, Utica, NY for dental clinic facility in Rome, NY .............................................................................. 150,000 

Mon Valley YMCA, Charleroi, PA for facilities and equipment ........ 50,000 

Monongahela Valley Hospital, Monongahela, PA for facilities and 

equipment ........................................................................................... 800,000 

Montefiore Medical Center, Bronx, NY for expansion of its Clinical 

Information System to community-based ambulatory care facilities ....................................................................................................... 300,000 

Morenci Health Care Center, Inc., Morenci, AZ, for facilities and 

equipment ........................................................................................... 100,000 

Morris Heights Health Center, Bronx, NY for facilities and equipment .................................................................................................... 400,000 

Morton Comprehensive Health Services, Tulsa, OK for facilities 

and equipment for the Nowata Family Health Center ................... 300,000 

Morton Plant Hospital Association, Clearwater, FL for neuroscience center ...................................................................................... 150,000 

Moses Cone Health System, Greensboro, NC for facilities and 

equipment for the Guilford Genomic Medicine Initiative ............... 100,000 

Moses Taylor Health Care System, Scranton, PA .............................. 200,000 

Motion Picture and Television Fund (MPTF), Woodland Hills, CA 

for a physical and occupational therapy facility .............................. 200,000 

Mount Anthony Union High School District, Bennington, VT for 

school-based health and dental services, including dental equipment .................................................................................................... 50,000 

Mount Sinai Hospital of Queens, Long Island City, NY for facilities 

and equipment for its Comprehensive Cancer Center .................... 340,000 

Mountain Park Health Center, Phoenix, AZ, for facilities and 

equipment at its Tolleson, AZ site .................................................... 240,000 

Mountain State University in Beckley, West Virginia, for the construction of the Allied Health Technology Tower ............................ 4,000,000 

Mountainlands Community Health Center, Provo, UT ...................... 125,000 

Multi Dimensional Imaging, Inc. of Newport Beach, CA ................... 500,000 

Multnomah County, OR for health care facilities and equipment .... 340,000 

Muskegon Community Health Project, Muskegon, MI, for facilities 

and equipment .................................................................................... 250,000 

Nassau Community College in Garden City, NY ................................ 150,000 

Nassau University Medical Center, East Meadow, NY, for facilities 

and equipment for the burn treatment center facility .................... 250,000 

Nathan Adelson Hospice in Henderson, NV ........................................ 500,000 

National Healthy Start Association, Baltimore, MD to gather and 

disseminate information on best practices under the Healthy 

Start program and provide technical assistance to Healthy Start 

grantees ............................................................................................... 350,000 

National Jewish Medical and Research Center, Denver, CO ............ 300,000 

1142 

National Organization on Fetal Alcohol Syndrome for a demonstration program with community health centers to improve the prevention, identification, and support of individuals with fetal alcohol syndrome ...................................................................................... 840,000 

Navajo Medical Division in New Mexico for the establishment of a 

community health worker demonstration project ........................... 150,000 

Neighborhood Health Plan of Rhode Island for the Rhode Island 

Community-Based Medical Interpretation Network ....................... 250,000 

Neumann College, Aston, PA for construction .................................... 50,000 

Nevada Cancer Institute, Las Vegas, Nevada for construction of a 

laboratory and clinical research facility ........................................... 1,000,000 

New Britain General Hospital, New Britain, CT for facilities and 

equipment ........................................................................................... 300,000 

New Hampshire Community Health Centers for rural health services ....................................................................................................... 400,000 

New Hampshire Community Technical College System, New 

Hampshire Technical Institute, Concord, NH ................................. 500,000 

New Horizons Medical Center, Owenton, KY for technology improvements ......................................................................................... 300,000 

New Melleray Abbey in Iowa ................................................................ 100,000 

New Mexico Children’s Health project, Las Cruces, NM ................... 400,000 

New Mexico Primary Health Care Association to fund a community 

health worker demonstration project statewide .............................. 250,000 

New York Presbyterian Hospital, New York, NY for creation of a 

regional health information infrastructure ...................................... 1,000,000 

New York University Medical Center for construction of a vaccine 

lab ........................................................................................................ 1,000,000 

North Central Pennsylvania Regional Planning and Development 

Commission, Ridgeway, PA, for medical equipment ....................... 100,000 

North Dakota State University, College of Pharmacy, Fargo, ND 

for a telepharmacy project ................................................................. 850,000 

North Idaho Rural Health Consortium (NIRHC), Bonner General 

Hospital, Sandpoint, ID to continue providing and improving distance healthcare access in north Idaho ............................................ 500,000 

North Mississippi Health Services, Neonatal Intensive Care Unit 

at North Mississippi Medical Center Women’s Hospital, Tupelo, 

MS for planning and renovations ..................................................... 200,000 

North Shore—Long Island Jewish Health System, Manhassat, NY 100,000 

North Valley Hospital, Whitefish, MT ................................................. 300,000 

NorthEast Medical Center, Concord, NC for facilities and equipment for the neonatal facility ............................................................ 200,000 

Northeast Valley Health Corporation, San Fernando, CA for facilities and equipment for its Canoga Park Health Center ................. 70,000 

Northeast Wisconsin Technical College in Green Bay, WI for a lowincome health clinic ........................................................................... 500,000 

Northeastern Ohio Universities College of Medicine, Rootstown, 

OH for facilities and equipment ........................................................ 500,000 

Northeastern Oklahoma Community Health Centers, Hulbert, OK 

for facilities, equipment, and operational costs for dental services 270,000 

Northern Arizona University, Flagstaff, AZ for the Keim Genetics 

Laboratory .......................................................................................... 200,000 

Northern Counties Health Care, St. Johnsbury, VT for facilities 

and equipment for a dental clinic in Hardwick, VT ........................ 170,000 

Northern Dutchess Hospital, Rhinebeck, NY, for facilities and 

equipment ........................................................................................... 200,000 

Northern Illinois University, DeKalb, IL for facilities and equipment for the Family Health Wellness & Literacy Center .............. 3,000,000 

Northern Oklahoma College, Tonkawa, OK, for construction, renovation, and equipment of a medical nursing skills training facility ........................................................................................................ 50,000 

Northern State University in Aberdeen, South Dakota ..................... 250,000 

Northland Regional Healthcare, Princeton, MN, for facilities and 

equipment ........................................................................................... 250,000 

Northwest College, Kirkland, WA for facilities and equipment for 

the Mark and Huldah Buntain School of Nursing academic center ........................................................................................................ 50,000 

1143 

Northwestern Memorial Hospital, Chicago, IL for facilities and 

equipment for a new Prentice Women’s Hospital ............................ 1,600,000 

Northwestern University, Evanston, IL for facilities and equipment 

at the Pancoe-Evanston Northwestern Healthcare Life Sciences 

Pavilion ............................................................................................... 800,000 

Norwalk Community College, Norwalk, CT, for construction and 

equipment of a center for health and science .................................. 100,000 

Nova Southeastern University, Fort Lauderdale, FL, for facilities 

and equipment .................................................................................... 200,000 

Oakland University School of Nursing, Rochester, MI for facilities 

and equipment .................................................................................... 125,000 

Oakwood Health System, Dearborn, MI for facilities and equipment 200,000 

O’Connor Hospital, Delhi, NY, for facilities and equipment .............. 100,000 

Odessa Memorial Healthcare Center, Odessa, WA for facilities and 

equipment ........................................................................................... 1,050,000 

Ohio Board of Regents, Columbus, OH for facilities and equipment 

for the Third Frontier Network ........................................................ 750,000 

Ohio Board of Regents, Columbus, OH to extend the Third Frontier 

Network to children’s and community hospitals for facilities and 

equipment ........................................................................................... 750,000 

Ohio State University Medical Center, Columbus, OH, for facilities 

and equipment .................................................................................... 1,400,000 

Ohio State University, Ohio Agricultural Research and Development Center, Wooster, OH for facilities and equipment ................ 1,000,000 

Oklahoma Medical Research Foundation (OMRF), Oklahoma City, 

OK ....................................................................................................... 100,000 

Oklahoma Office of Rural Health, Oklahoma City, OK for telehealth .................................................................................................. 50,000 

Oklahoma State University, Rural Health Policy and Research 

Center, Tulsa, OK, for telemedicine program .................................. 430,000 

Operation PAR, Inc., Pinellas Park, FL for facilities and equipment 

for a facility in PAR Village North ................................................... 3,000,000 

Operation PAR, Inc., Pinellas Park, FL, for facilities and equipment for a child and family guidance center in St. Petersburg, 

FL ........................................................................................................ 2,000,000 

Oregon Health Sciences University, Portland, OR ............................. 300,000 

Orrville Hospital Foundation dba Dunlap Memorial Hospital, 

Orrville, OH for facilities and equipment ........................................ 500,000 

Ottumwa Regional Health Center, Ottumwa, IA ............................... 155,000 

Our Health, Inc., Winchester, VA for rural outreach ......................... 250,000 

Overlook Hospital Foundation, Summit, NJ for facilities and equipment for the Emergency Department ............................................... 90,000 

Palliative Care Center and Hospice of the North Shore, Evanston, 

IL for facilities and equipment ......................................................... 300,000 

Paradise Valley Hospital, National City, CA for facilities and 

equipment for an emergency department facility ........................... 100,000 

Pardee Hospital, Hendersonville, NC, for facilities and equipment 500,000 

Park Ridge Hospital/Unity Health System, Rochester, NY, for facilities and equipment for the emergency room ............................... 300,000 

Parkview Hospital of El Reno Authority, El Reno, OK ...................... 100,000 

Partnership for Families, Children and Adults, Chattanooga, TN 

for facilities and equipment for three of its facilities ...................... 300,000 

Partnership for the Children of San Luis Obispo County, Clinica de 

Tolosa Dentistry for Children, San Luis Obispo, CA, for facilities 

and equipment .................................................................................... 50,000 

Pathway Caring for Children, Canton, OH for facilities and equipment .................................................................................................... 500,000 

Peach Regional Medical Center, Fort Valley, GA for facilities and 

equipment ........................................................................................... 35,000 

Penebscot Valley Hospital, Lincoln, ME for rural health care services ....................................................................................................... 250,000 

Penn Medicine, University of Pennsylvania Health System, Philadelphia, PA ......................................................................................... 75,000 

Pennsylvania College of Optometry, Elkins Park, PA for equipment 100,000 

Pennsylvania Hospital, Philadelphia, PA ............................................ 200,000 

Pennsylvania State University, Hershey, PA ...................................... 1,000,000 

Perry Hospital, Perry, GA for facilities and equipment ..................... 50,000 

1144 

Phelps Memorial Hospital Center, Sleepy Hollow, NY for facilities 

and equipment .................................................................................... 450,000 

Philadelphia College of Osteopathic Medicine, Philadelphia, PA ...... 200,000 

Philadelphia College of Osteopathic Medicine, Philadelphia, PA for 

facilities and equipment for the Lawrenceville, GA campus .......... 682,000 

Philipsburg Hospital, Philipsburg, PA, for facilities and equipment 250,000 

Phoenix House, Temple Terrace, FL .................................................... 500,000 

Pinnacle Health System, Harrisburg, PA ............................................ 250,000 

Pittsburgh Gateways Corporation, Pittsburgh, PA for construction 

of an in vitro diagnostics facility ...................................................... 100,000 

Pittsburgh Mercy Health System, Pittsburgh, PA .............................. 200,000 

Pittsburgh Regional Healthcare Initiative, Pittsburgh, PA ............... 200,000 

Pittsburgh’s Ohio Valley General Hospital, McKees Rocks, PA for 

facilities and equipment .................................................................... 400,000 

Placer County, Auburn, CA for facilities and equipment for the 

Children’s Health Center and Emergency Facility ......................... 500,000 

Plumas County, Quincy, CA for facilities and equipment for the 

Seniors Nutrition Program ................................................................ 100,000 

Plumas County, Quincy, CA, for the Rural Health Services Project 100,000 

Pocono Medical Center, Stroudsburg, PA ............................................ 100,000 

Policy Institute for Integrative Medicine, Philadelphia, PA for development and dissemination of internet-based educational materials regarding integrative medicine ................................................ 140,000 

Pondera Medical Center, Conrad, MT, for facilities and equipment 250,000 

Porcupine Clinic in Porcupine, South Dakota ..................................... 100,000 

Port Huron Hospital, Port Huron, MI for facilities and equipment 200,000 

Portneuf Medical Center, Pocatello, ID, for the cardiac and vascular services center .......................................................................... 700,000 

Prentiss Regional Hospital and Extended Care Facility, Prentiss, 

MS, for facilities and equipment ....................................................... 225,000 

Presbyterian Medical Center, University of Pennsylvania Health 

System, Philadelphia, PA .................................................................. 250,000 

Primary Care Association of Hawaii for Telehealth and Outreach 

programs ............................................................................................. 400,000 

Primary Care Center of Mount Morris, Mt. Morris, PA ..................... 125,000 

Primary Health Network, Sharon, PA ................................................. 100,000 

Prince George’s Community College, Largo, MD for facilities and 

equipment for nursing and other health-related instructional programs at its Laurel College Center .................................................. 200,000 

Prince George’s County Department of Health, Upper Marlboro, 

MD for facilities and equipment for a community health clinic in 

Suitland, MD ...................................................................................... 70,000 

Prince George’s County, MD for facilities and equipment for a 

health clinic ........................................................................................ 70,000 

Proctor Hospital, Peoria, IL, for facilities and equipment ................. 450,000 

Project Access of the Dan River Region, Danville, VA for rural 

health .................................................................................................. 150,000 

Providence Center, Inc., Millersville, MD, for facilities and equipment .................................................................................................... 240,000 

Providence Health, Kansas City, KS for facilities and equipment at 

Providence Medical Center ................................................................ 400,000 

Puerto Rico Department of Health, Rio Piedras, PR for a program 

of stipends to medical residents to improve the supply of physicians in Puerto Rico ........................................................................... 350,000 

Punxsutawney Area Hospital, Punxsutawney, PA, for facilities and 

equipment ........................................................................................... 100,000 

Putnam Hospital Center, Carmel, NY for facilities and equipment 500,000 

Queens Hospital Center, Jamaica, NY for facilities and equipment 400,000 

Quinnipiac University, Hamden, CT for facilities and equipment 

for its graduate medical education center ........................................ 400,000 

Rainbow Babies and Children’s Hospital, Cleveland, OH .................. 750,000 

Regional Medical Center at Lubec, Lubec, ME for facilities and 

equipment ........................................................................................... 45,000 

Rhode Island Hospital, Providence, RI for facilities and equipment 800,000 

Rhodes State College, Lima, OH, for facilities and equipment for 

the nursing building .......................................................................... 250,000 

Rice University, Houston, TX for facilities and equipment ................ 1,000,000 

1145 

Ridgecrest Regional Hospital, Ridgecrest, CA, for facilities and 

equipment ........................................................................................... 125,000 

Ridges Clinic, Burnsville, MN, for facilities and equipment .............. 500,000 

Riverside County Regional Medical Center, Moreno Valley, CA for 

facilities and equipment for the trauma unit .................................. 250,000 

Riverside Health System, Newport News, VA, for facilities and 

equipment for the Atlantic Coast Cancer Center Riverside ........... 100,000 

Riverside Health System, Newport News, VA, for facilities and 

equipment for the Riverside School of Health Careers facility ...... 100,000 

RMSA Inc. Health Center, Reidsville, NC for facilities and equipment .................................................................................................... 200,000 

Robert Wood Johnson University Hospital, New Brunswick, NJ, for 

facilities and equipment for the Bristol-Myers Squibb Children’s 

Hospital ............................................................................................... 240,000 

Rockcastle Hospital and Respiratory Care Center, Mt. Vernon, KY, 

for facilities and equipment ............................................................... 750,000 

Rockdale County, GA for health department facilities and equipment at the J.P. Carr Human Services Complex ............................ 640,000 

Rocking Horse Center, Springfield, OH for facilities and equipment 150,000 

Rosalind Franklin University of Medicine and Science, North Chicago, IL for facilities and equipment ................................................ 250,000 

Roswell Park Cancer Institute, Buffalo, NY, for facilities and equipment .................................................................................................... 250,000 

Rumford Hospital, Rumford, ME for facilities and equipment .......... 275,000 

Rural Health Collaborative of Southern Ohio, Milford, OH for rural 

outreach .............................................................................................. 210,000 

Rural Health Corporation of Northeastern, PA .................................. 100,000 

RUSH Initiative, Birmingham, AL for rural outreach ....................... 150,000 

RUSH Initiative, Birmingham, AL, for Safe Harbor program ........... 200,000 

Rush University Medical Center, Chicago, IL for facilities and 

equipment ........................................................................................... 500,000 

Rutgers University in New Jersey ....................................................... 1,000,000 

Sac and Fox Tribe of the Mississippi in Iowa for a Tribal Health 

Care Clinic .......................................................................................... 1,500,000 

Sacred Heart Hospital, Allentown, PA ................................................ 700,000 

Safe Harbor Behavioral Health, Erie, PA ........................................... 25,000 

Saint Charles Foundation, Port Jefferson, NY for facilities and 

equipment for Saint Charles Hospital .............................................. 200,000 

Saint Clare Hospital & Health Services, Baraboo, WI for facilities 

and equipment .................................................................................... 400,000 

Saint Joseph Community Center, Lorain, OH for health-related facilities and equipment ....................................................................... 320,000 

Saint Joseph Health Services of Rhode Island, North Providence, 

RI for a mobile dental van program ................................................. 75,000 

Saint Luke’s Episcopal Hospital, Houston, TX for facilities and 

equipment ........................................................................................... 350,000 

Saint Luke’s Hospital, Newburgh, NY for facilities and equipment 250,000 

Saint Mary Medical Center, Long Beach, CA for continuation of its 

minority cancer education and outreach initiative ......................... 100,000 

Saint Agnes Medical Center, Philadelphia, PA ................................... 250,000 

Saint Anthony’s Health Care Foundation, St. Petersburg, FL for facilities and equipment ....................................................................... 2,000,000 

Saint Barnabas Health Care System ................................................... 300,000 

Saint Bernardine Medical Center, San Bernardino, CA for facilities 

and equipment .................................................................................... 575,000 

Saint Francis Hospital, Wilmington, DE for facilities and equipment .................................................................................................... 125,000 

Saint Francis Medical Center, Trenton, NJ, for facilities and equipment .................................................................................................... 400,000 

Saint Francis University Center of Excellence for Remote and 

Medically Under-Served Areas, PA .................................................. 250,000 

Saint John’s Hospital, Springfield, IL .................................................. 75,000 

Saint John’s Health, MI ........................................................................ 500,000 

Saint John’s University, College of Pharmacy and Allied Health 

Professions, Jamaica, NY for facilities and equipment ................... 340,000 

Saint Joseph Health Center, St. Charles, MO for a Community 

Health Education Resource Center .................................................. 500,000 

Saint Joseph Hospital, Nashua, NH .................................................... 1,000,000 

1146 

Saint Joseph Hospital/PeaceHealth, Bellingham, WA to continue 

and expand the Pursuing Perfection Project for Whatcom County 500,000 

Saint Joseph Medical Center Reading, PA .......................................... 100,000 

Saint Joseph’s Hospital, Savannah, GA, for facilities and equipment .................................................................................................... 450,000 

Saint Jude Children’s Research Hospital, Memphis, TN ................... 500,000 

Saint Louis Community Health Center, Superior, WI for facilities 

and equipment and to provide dental services ................................ 700,000 

Saint Louis University, St. Louis, MO for construction, renovation, 

and equipment .................................................................................... 1,000,000 

Saint Luke Community Clinic, Front Royal, VA for facilities and 

equipment ........................................................................................... 50,000 

Saint Luke’s Hospital, Allentown, PA .................................................. 700,000 

Saint Luke’s Regional Medical Center, Boise, ID for facilities and 

equipment ........................................................................................... 500,000 

Saint Mary’s Health Center, Jefferson City, MO, for facilities and 

equipment ........................................................................................... 600,000 

Saint Mary’s Health System, Knoxville, TN for facilities and equipment for the treatment center in North Knox County .................... 100,000 

Saint Mary’s Medical Center, Huntington, WV for facilities and 

equipment ........................................................................................... 1,000,000 

Saint Patrick’s Hospital and Health Sciences Center, International 

Heart Institute, Missoula, MT to establish a Montana Cardiology 

Medicine Network to provide rural telemedicine resources ........... 700,000 

Saint Peter’s College, Jersey City, NJ for facilities and equipment 200,000 

Saint Peter’s Medical Center in New Jersey ....................................... 200,000 

Saint Thomas Health Services, Nashville, TN .................................... 500,000 

Saint Vincent Healthcare Rocky Mountain Center, MT .................... 250,000 

Saint Vincent Healthcare, Billings, MT ............................................... 500,000 

Saint Vincent’s Medical Center in Bridgeport, CT ............................. 250,000 

San Antonio Community Hospital, Upland, CA .................................. 1,000,000 

San Francisco State University, San Francisco, CA for programs to 

recruit high school students interested in nursing careers and to 

assist minority and disadvantaged students in masters and doctoral nursing programs ...................................................................... 350,000 

San Joaquin Community Hospital, Bakersfield, CA, for equipment 

and facilities ....................................................................................... 100,000 

San Joaquin General Hospital, French Camp, CA for information 

technology systems for medication dispensing, administration, 

and management ................................................................................ 300,000 

San Luis Obispo County Community College District (Cuesta College), San Luis Obispo, CA, for facilities and equipment ............... 127,000 

Santa Clara County Valley Medical Center Foundation, San Jose, 

CA for a substance abuse treatment facility ................................... 340,000 

Sarasota Memorial Hospital, Sarasota, FL for facilities and equipment for the North County Health Center ...................................... 275,000 

Saratoga Hospital, Saratoga Springs, NY, for facilities and equipment .................................................................................................... 225,000 

Schenectady Family Health Services, Schenectady, NY for facilities 

and equipment .................................................................................... 450,000 

School of Nursing, Oregon Health Sciences University, Portland, 

OR for facilities and equipment ........................................................ 370,000 

Scotland County Memorial Hospital, Memphis, MO for facilities 

and equipment .................................................................................... 150,000 

Scottsdale Healthcare, Scottsdale, AZ ................................................. 300,000 

Scottsdale Healthcare, Scottsdale, AZ for facilities and equipment 

for the Osborne facility ...................................................................... 250,000 

Scranton Primary Health Care Center, Scranton, PA ........................ 25,000 

Scripps Health—Scripps Memorial Hospital La Jolla, San Diego, 

CA for facilities and equipment ........................................................ 250,000 

SDTC-The Center for Discovery, Harris, NY, for facilities and 

equipment for the Carrus Institute .................................................. 200,000 

Seattle Indian Health Board, Seattle, WA for support of its residency training program in family medicine ..................................... 300,000 

Sertoma Center, Knoxville, TN for facilities and equipment ............. 250,000 

Shands Jacksonville Hospital, Jacksonville, FL for facilities and 

equipment ........................................................................................... 340,000 

1147 

Sharon Regional Health System, Sharon, PA for construction, renovation and equipment ...................................................................... 250,000 

Shawano Area Community Foundation in Shawano, WI ................... 75,000 

Shepherd University in Shepherdstown, West Virginia, for the construction of a nursing education facility .......................................... 10,000,000 

Sheppard Pratt Health System, Towson, MD for facilities and 

equipment ........................................................................................... 400,000 

Shoals Committee on Programs and Employment, Florence, AL for 

facilities and equipment in Russellville, AL .................................... 100,000 

Sierra View District Hospital, Porterville, CA for facilities and 

equipment ........................................................................................... 500,000 

Sierra Vista Regional Health Center, Sierra Vista, AZ for facilities 

and equipment .................................................................................... 500,000 

Sioux Valley Memorial Hospital, Cherokee, IA, for facilities and 

equipment ........................................................................................... 100,000 

Soldiers and Sailors Memorial Hospital, Wellsboro, PA, for facilities and equipment ............................................................................ 200,000 

Somerset Hospital, Somerset, PA, for facilities and equipment ........ 250,000 

Somerset Medical Center, Somerville, NJ, for facilities and equipment .................................................................................................... 500,000 

South Carolina Office of Rural Health, Columbia, SC for facilities 

and equipment .................................................................................... 100,000 

South County Hospital, Wakefield, RI for construction, renovation, 

and equipment .................................................................................... 150,000 

South Dakota Dental Association in Pierre, South Dakota for Target Access: Building A Dental Workforce in South Dakota ............ 200,000 

South Dakota State University College of Pharmacy in Brookings, 

SD ........................................................................................................ 200,000 

South Dakota Technology Business Center in Sioux Falls, South 

Dakota to construct the Graduate Education and Applied Research Center ..................................................................................... 2,350,000 

South Texas Rural Health Services, Cotulla, TX for a health center 

in La Salle County ............................................................................. 200,000 

Southcoast Health System, New Bedford, MA for facilities and 

equipment for the emergency department at St. Luke’s Hospital 375,000 

Southdale Hospital, Edina, MN, for facilities and equipment for an 

electronic medical record system ...................................................... 200,000 

Southeast Community College, Cumberland, KY, for facilities and 

equipment for an allied health training facility .............................. 400,000 

Southeast Lancaster Health Services, Lancaster, PA ........................ 100,000 

Southeast Missouri Health Network, Madrid, MO for construction, 

renovation, and equipment for a new building in Kennett, MO .... 470,000 

Southeast Missouri State University, Cape Girardeau, MO, for facilities and equipment ....................................................................... 650,000 

Southern Arkansas University, Magnolia, AR for facilities and 

equipment for nursing education ...................................................... 340,000 

Southern Illinois University, School of Medicine, Springfield, IL for 

facilities and equipment for the Cancer Institute ........................... 100,000 

Southern New Hampshire Medical Center, Nashua, NH .................. 500,000 

Southwest Colorado Mental Health Center, Durango, CO for the 

construction of the Crossroads Mental Health Center at Mercy 

Medical Center ................................................................................... 500,000 

Southwest Utah Community Health Center, UT ................................ 100,000 

Southwestern Michigan College, Dowagiac, MI for facilities and 

equipment ........................................................................................... 100,000 

Spanish Catholic Center in Washington, DC ...................................... 400,000 

Spruce Pine Community Hospital, Spruce Pine, NC for facilities 

and equipment .................................................................................... 50,000 

Squirrel Hill Health Center, Jewish Healthcare Foundation, Pittsburgh, PA ............................................................................................ 100,000 

St. Petersburg College, St. Petersburg, FL, for facilities and equipment for a health education building ............................................... 1,485,000 

Stark Metropolitan Housing Authority, Canton, OH for facilities 

and equipment .................................................................................... 250,000 

Stark State College of Technology, Canton, OH for facilities and 

equipment ........................................................................................... 400,000 

1148 

State of Alaska Department of Health and Social Services, Juneau, 

AK for implementation of its Frontier Extended Stay Clinic Demonstration Project ............................................................................... 250,000 

State of New Mexico Human Services Department, Santa Fe, NM 

for telehealth services to rural New Mexico .................................... 950,000 

State University of New York, Upstate Medical University, Syracuse, NY for facilities and equipment .............................................. 500,000 

Staten Island University Hospital, NY ................................................ 200,000 

Stedman-Wade Health Services, Wade, NC for facilities and equipment .................................................................................................... 390,000 

Stepping Stone School for Exceptional Children, Inc., Alma, AR ...... 50,000 

Stewart-Marchman Center, Daytona Beach, FL for facilities and 

equipment ........................................................................................... 100,000 

Sullivan County Medical Center, Laporte, PA for rural outreach ..... 225,000 

Summa Health System, Akron, OH for facilities and equipment ..... 500,000 

SUN Home Health Services, Inc., Northumberland, PA, for facilities and equipment ............................................................................ 250,000 

Sun Life Family Health Center, Inc., Casa Grande, AZ for facilities 

and equipment .................................................................................... 100,000 

Sunbury Community Hospital, Sunbury, PA ...................................... 150,000 

Susquehanna Health System, Williamsport, PA for equipment ........ 100,000 

Swedish Covenant Hospital, Chicago, IL for facilities and equipment .................................................................................................... 1,000,000 

Swedish Medical Center, WA ............................................................... 770,000 

Swift Horse Lodge in Fort Thompson, SD ........................................... 350,000 

Tallahassee Community College, Tallahassee, FL for facilities and 

equipment for healthcare training .................................................... 450,000 

Tattnall Community Hospital, Reidsville, GA for facilities and 

equipment ........................................................................................... 55,000 

Taylor Telfair Regional Hospital, McRae, GA for facilities and 

equipment ........................................................................................... 40,000 

Temple University Health System, Philadelphia, PA ........................ 1,000,000 

Tennessee Christian Medical Center, Madison, TN for facilities and 

equipment ........................................................................................... 300,000 

Tennessee Technological University School of Nursing, Cookeville, 

TN ........................................................................................................ 500,000 

Terra State Community College, Fremont, OH, for facilities and 

equipment for a health sciences building ......................................... 250,000 

Texas A & M University Health Science Center, College Station, 

TX for the Rural Community Health Institute ............................... 400,000 

Texas Children’s Hospital, Houston, TX for facilities and equipment for a heart center facility ......................................................... 700,000 

Texas College, Tyler, TX, for facilities and equipment for the Allied 

Health Services Building ................................................................... 100,000 

Texas Health Resources, Arlington, TX for facilities and equipment 

for Harris Methodist Fort Worth Hospital, Ft. Worth, TX and 

Harris Methodist Northwest Hospital, Azle, TX ............................. 450,000 

Texas Heart Institute, Houston, TX for equipment ............................ 350,000 

Texas Tech University Health Sciences Center at El Paso, for facilities and equipment ....................................................................... 1,100,000 

Texas Tech University Health Sciences Center, Lubbock, TX, for a 

cardiovascular center ......................................................................... 250,000 

The Hospital, Town of Sidney, Sidney, NY, for facilities and equipment .................................................................................................... 50,000 

The Jackson Laboratory, Harbor, ME ................................................. 250,000 

The Shelter, Columbia, MO, for facilities and equipment for a transitional living program facility .......................................................... 250,000 

Third Street Family Health Services, Mansfield, OH for facilities 

and equipment .................................................................................... 350,000 

Thomas Jefferson University Hospital, Philadelphia, PA for facilities and equipment ............................................................................ 900,000 

Thoughtful House, Austin, TX, for facilities and equipment ............. 200,000 

Thundermist Health Center, Woonsocket, RI for information technology upgrades .................................................................................. 200,000 

Tiburcio Vasquez Health Center, Union City, CA for facilities and 

equipment for its Hayward site ........................................................ 250,000 

Tioga Dental Services, Wellsboro, PA .................................................. 100,000 

1149 

Tomball Regional Hospital, Tomball, TX, for catheterization lab ..... 250,000 

Touro University College of Osteopathic Medicine in Henderson, 

NV ....................................................................................................... 400,000 

Town of Moriah, Port Henry, NY for the Mineville Health Center, 

Mineville, NY for facilities and equipment ...................................... 300,000 

Town of Welaka Medical Center, Welaka, FL, for facilities and 

equipment ........................................................................................... 100,000 

Translational Genomics Research Institute, Phoenix, AZ for facilities and equipment ............................................................................ 1,200,000 

Transplant Foundation, Philadelphia, PA ........................................... 100,000 

Triangle AIDS Network, Beaumont, TX for facilities and equipment 250,000 

Tri-County Community Action Program, Tamworth, NH .................. 650,000 

Tri-County Community Dental Clinic in Appleton, WI to provide 

dental services for rural low-income populations ............................ 100,000 

Tucson Medical Center, Tucson, AZ for facilities and equipment for 

the TMC Health Care hospice facility .............................................. 1,000,000 

Tufts University School of Medicine, Boston, MA .............................. 200,000 

Twin Cities Community Hospital, Inc., Templeton, CA, for equipment .................................................................................................... 140,000 

Tyrone Hospital, Tyrone, PA ................................................................ 500,000 

UMass Memorial Health Care in Worcester, MA for a high-speed 

network and Picture Archiving and Communication System ........ 400,000 

Umatilla County, Pendleton, OR for construction of a public health 

facility ................................................................................................. 95,000 

Under His Wings, Morris, IL for renovation of two facilities ............ 50,000 

Union Mission, Inc., Savannah, Georgia for facilities and equipment .................................................................................................... 100,000 

Uniontown Hospital, Uniontown, PA for facilities and equipment ... 750,000 

United Medical Center, Cheyenne, WY ............................................... 300,000 

University at Buffalo, State University of New York, Buffalo, NY, 

for facilities and equipment for the Center of Excellence in 

Bioinformatics .................................................................................... 500,000 

University Hospitals of Cleveland, Rainbow Babies & Children’s 

Hospital, Cleveland, OH for facilities and equipment .................... 1,000,000 

University Medical Center of South Nevada ....................................... 500,000 

University of Akron, Medina County University Center, Akron, OH 

for facilities and equipment ............................................................... 1,000,000 

University of Alaska/Anchorage—Anchorage, AK for its Geriatric 

and Disabled Care Training Program .............................................. 500,000 

University of Alaska/Anchorage—Anchorage, AK to continue program to recruit and retain Alaska Natives as nurses ..................... 425,000 

University of Alaska/Fairbanks and University of Alaska/Anchorage—Anchorage and Fairbanks, AK to continue Alaska Natives 

in Psychology (ANPSYCH) program ................................................. 500,000 

University of Appalachia, Saint Paul, VA for facilities and equipment for a School of Pharmacy ......................................................... 500,000 

University of Arizona, Tucson, AZ, for facilities and equipment ....... 1,200,000 

University of Arkansas for Medical Sciences, Little Rock, AR for 

the ANGELS program ....................................................................... 350,000 

University of California—Los Angeles, Beverly Hills, CA ................. 100,000 

University of California at Los Angeles, School of Medicine for facilities and equipment for the UCLA AIDS Institute ..................... 350,000 

University of California at San Francisco Children’s Hospital, for 

facilities and equipment for a Mothers’ and Children’s Birth Defects Center ......................................................................................... 500,000 

University of California San Diego Medical Center, La Jolla, CA for 

facilities and equipment for the Institute of Molecular Medicine 

facility ................................................................................................. 650,000 

University of California, Davis Health System, Sacramento, CA for 

construction of medical library and education center ..................... 700,000 

University of California, Irvine Medical Center, Orange, CA for facilities and equipment for the emergency department ................... 400,000 

University of Charleston in Charleston, WV, for a School of Pharmacy facility ....................................................................................... 5,300,000 

University of Chicago Hospitals and Health System, Chicago, IL 

for facilities and equipment for a new pediatric emergency room 550,000 

1150 

University of Cincinnati Medical Center, Cincinnati, OH for facilities and equipment for the medical sciences building .................... 400,000 

University of Denver, Denver, CO ....................................................... 200,000 

University of Florida, Health Science Center, Gainesville, FL for 

facilities and equipment for the animal facility .............................. 2,000,000 

University of Illinois College of Medicine at Peoria, Peoria, IL for 

facilities and equipment for a cancer research center .................... 200,000 

University of Illinois College of Medicine, Chicago, IL for the renovation and expansion of the National Center for Rural Health 

Professions, Education, and Research at the University of Illinois 

College of Medicine, Rockford ........................................................... 300,000 

University of Iowa, Iowa City, IA, for facilities and equipment for 

a public health laboratory ................................................................. 1,400,000 

University of Kentucky Consortium for Applied Oral Health Research and Treatment, Lexington, KY ............................................. 1,300,000 

University of Kentucky Research Foundation, Lexington, KY, for 

rural outreach ..................................................................................... 750,000 

University of Kentucky, Lexington, KY Neuroscience Research Institute .................................................................................................. 1,500,000 

University of Louisiana at Monroe, Monroe, LA for creation of the 

northeast Louisiana healthline ......................................................... 150,000 

University of Louisville, Louisville, KY for equipment related to 

Regenerative Medicine for the Treatment of Ischemic Heart Disease Project ......................................................................................... 2,000,000 

University of Louisville, Louisville, KY for the Baxter III Research 

Building ............................................................................................... 10,250,000 

University of Louisville, Louisville, KY, for the Center for Cancer 

Nursing Education and Research ..................................................... 300,000 

University of Maryland at Baltimore to establish a nursing institute ...................................................................................................... 250,000 

University of Maryland School of Pharmacy, Baltimore, MD for facilities and equipment ....................................................................... 500,000 

University of Massachusetts, Amherst, MA ........................................ 700,000 

University of Medicine and Dentistry of New Jersey, School of Osteopathic Medicine, Stratford, NJ, for facilities and equipment 

for the Geriatric Research Center .................................................... 75,000 

University of Miami, Miami, FL for facilities and equipment for the 

Center for Research in Medical Education ...................................... 650,000 

University of Michigan Health System, Ann Arbor, MI for infectious disease laboratory facilities and equipment ........................... 600,000 

University of Mississippi Medical Center, Jackson, MS for the Imaging Research Center ....................................................................... 4,000,000 

University of Mississippi, Oxford, MS, School of Pharmacy for the 

National Center for Natural Products Research Phase II .............. 2,600,000 

University of Nevada, Las Vegas for faculty and other costs associated with organization and start-up of School of Public Health .... 1,000,000 

University of Nevada, Reno for the Institute for Aging ..................... 900,000 

University of New Mexico, Albuquerque, NM ..................................... 6,000,000 

University of North Dakota School of Medicine and Health Sciences 

for facilities and equipment ............................................................... 450,000 

University of North Dakota, School of Medicine, Grand Forks, ND, 

to continue rural health research at the Center for Rural Health 

and Medicine ...................................................................................... 750,000 

University of Northern Colorado, Greeley, CO, for facilities and 

equipment at the Rocky Mountain Cancer Rehabilitation Institute ...................................................................................................... 75,000 

University of Northern Colorado, Greeley, CO, for the Maple Tree 

Project at the Rocky Mountain Cancer Rehabilitation Institute ... 75,000 

University of Oklahoma Health Sciences Center, Oklahoma City, 

OK, to further develop its doctoral-level program in 

bioinformatics ..................................................................................... 100,000 

University of Pennsylvania Institute for Translational Research, 

Philadelphia, PA ................................................................................ 1,000,000 

University of Pennsylvania for the Paula Kline breast cancer treatment enhancement program, Philadelphia, PA ............................... 200,000 

University of Pittsburgh at Bradford, Bradford, PA, for the Center 

for Rural Health Practice .................................................................. 50,000 

1151 

University of Pittsburgh Medical Center, Pittsburgh, PA ................. 1,000,000 

University of Pittsburgh Medical Center, Pittsburgh, PA for noninvasive radio wave ablation equipment .......................................... 200,000 

University of Pittsburgh, Pittsburgh, PA ............................................ 1,000,000 

University of Rochester in NY to expand the School of Nursing ....... 400,000 

University of Scranton, Scranton, PA .................................................. 200,000 

University of South Alabama, Mobile, AL ........................................... 20,000,000 

University of South Alabama, Mobile, AL for facilities and equipment for the Cancer Research Institute ........................................... 300,000 

University of South Alabama, Mobile, AL for the Office of Emerging Health Technologies .................................................................... 250,000 

University of South Dakota Department of Dental Hygiene in 

Vermillion, SD .................................................................................... 100,000 

University of South Florida, Tampa, FL for facilities and equipment for the Center for Biological Defense Labs ............................ 2,000,000 

University of Southern Maine, Portland, ME, for expansion of the 

USM nursing school ........................................................................... 250,000 

University of Southern Mississippi, Hattiesburg, MS to equip the 

alternative models for primate research laboratory ........................ 250,000 

University of Tennessee at Chattanooga, Graduate School of Computational Engineering and UT SimCenter at Chattanooga, 

Chattanooga, TN ................................................................................ 400,000 

University of Tennessee Health Science Center, Memphis, TN to 

support the Delta Health Partnership (Delta Regional Authority 

and Delta Health Alliance) project ................................................... 750,000 

University of Tennessee Medical Center, Knoxville, TN .................... 250,000 

University of Texas Health Center at Tyler, Tyler, TX for facilities 

and equipment for the Texas Lung Injury Institute ....................... 500,000 

University of Texas Health Center at Tyler, Tyler, TX, for facilities 

and equipment for an asthma mobile van ....................................... 400,000 

University of Texas Health Science Center San Antonio, San Antonio, TX for equipment ........................................................................ 250,000 

University of Texas Health Science Center, Houston, TX for the facilities and equipment for the Alliance of NanoHealth ................... 1,000,000 

University of Texas MD Anderson Cancer Center, Houston, TX for 

equipment ........................................................................................... 500,000 

University of Texas Medical Branch, Galveston, TX for facilities 

and equipment for infectious disease research ................................ 750,000 

University of Texas Medical Branch, Galveston, TX for the Texas 

Telehealth Resource Center .............................................................. 350,000 

University of Texas Southwestern Medical Center and University 

of Texas at Dallas for facilities and equipment for their joint program on sickle cell disease ................................................................ 400,000 

University of Texas Southwestern Medical Center at Dallas, TX, 

for facilities and equipment at the Metroplex Medical Imaging 

Center, Dallas, TX ............................................................................. 200,000 

University of the Pacific School of Dentistry, San Francisco, CA for 

facilities and equipment .................................................................... 200,000 

University of Washington, School of Medicine, Seattle, WA for Wyoming state participation in the WWAMI regional pilot program 

to help address the shortage of health professionals in the rural 

WWAMI region ................................................................................... 50,000 

University of Washington, School of Medicine, Seattle, WA, for 

WWAMI rural training project ......................................................... 340,000 

University of Washington, Seattle, WA for construction of a life 

sciences building ................................................................................ 1,500,000 

University of Washington, Seattle, WA, for facilities and equipment 

for a muscular dystrophy research center building ......................... 50,000 

University of Wisconsin—Milwaukee, College of Nursing, for a 

school nursing demonstration project in the Milwaukee Public 

Schools ................................................................................................ 450,000 

Utah Navajo Health System, Montezuma Creek, UT for facilities 

and equipment .................................................................................... 500,000 

Valdosta State University, Valdosta, GA for facilities and equipment for a health sciences facility .................................................... 400,000 

Valley Hospital, Ridgewood, NJ for facilities and equipment for an 

electronic intensive care unit ............................................................ 70,000 

1152 

Van Andel Research Institute, Grand Rapids, MI, for facilities and 

equipment for the Multiple Myeloma Laboratory ........................... 360,000 

Vanderbilt University Medical Center Department of Pediatrics, 

Nashville, TN for the Nurses for Newborns of Tennessee program .................................................................................................... 250,000 

Vassar Brothers Medical Center, Poughkeepsie, NY for facilities 

and equipment .................................................................................... 250,000 

Virginia College of Osteopathic Medicine, Blacksburg, VA for rural 

health outreach .................................................................................. 150,000 

Virginia Commonwealth University, Richmond, VA for facilities 

and equipment for Massey Cancer Center ....................................... 1,000,000 

Visiting Nurse Association Care Watch Program, Cleveland, Ohio, 

to purchase equipment ...................................................................... 300,000 

Visiting Nurse Association Healthcare Partners of Ohio, East 

Cleveland, OH for facilities and equipment ..................................... 275,000 

Visiting Nurse Association of Fox Valley, Aurora, IL for facilities 

and equipment .................................................................................... 550,000 

Visiting Nurse Association of Northern New Jersey, Morristown, 

NJ for facilities and equipment ........................................................ 500,000 

Visiting Nurse Association of Somerset Hills, Bernardsville, NJ for 

facilities and equipment .................................................................... 500,000 

Visiting Nurses Association of Greater Philadelphia, Philadelphia, 

PA ........................................................................................................ 150,000 

Vitality Center Community Service Agency in Elko, NV ................... 50,000 

Voorhees College—Denmark, SC .......................................................... 100,000 

Waianae Coast Community Health Center, Hawaii, for leadership 

training ............................................................................................... 50,000 

WakeMed, Raleigh, NC for construction and equipment for health 

care information technology .............................................................. 100,000 

WakeMed, Raleigh, NC for programs to recruit and train health 

care professionals ............................................................................... 350,000 

Walsh University, North Canton, OH, for facilities and equipment 500,000 

Warren County Chamber of Business and Industry, Warren, PA to 

purchase equipment at the Warren General Hospital .................... 100,000 

Washington County, NC for facilities and equipment for the Washington County Hospital ...................................................................... 300,000 

Washington County, OR for a primary care clinic .............................. 100,000 

Washington Hospital Center, Washington, DC for facilities and 

equipment ........................................................................................... 1,290,000 

Washoe Medical Foundation in Reno, NV ........................................... 500,000 

Waterbury Hospital Health Center, Waterbury, CT for facilities 

and equipment .................................................................................... 100,000 

Wayne Community Health Centers, Inc., Wayne County, Utah ....... 50,000 

Wayne County Department of Public Health, Detroit, MI for its 

Maternal and Child Outreach, Coordination and Advocacy Program to reduce infant mortality and low-weight or pre-term 

births ................................................................................................... 600,000 

Wayne Memorial Hospital, Honesdale, PA .......................................... 200,000 

Weber State University, Ogden, UT .................................................... 600,000 

Wells River Action Program, Wells River, VT to provide free or lowcost healthcare to medically underserved people in rural 

Vermont .............................................................................................. 85,000 

Welsh Mountain Medical & Dental Center, New Holland, PA .......... 50,000 

Wesley College, Dover, DE for facilities and equipment for the 

nursing program ................................................................................. 175,000 

West Hawaii Community Health Center on the Big Island of Hawaii ...................................................................................................... 50,000 

West Los Angeles College, Culver City, CA for the Allied Health 

Workforce Enhancement Project ....................................................... 240,000 

West Point Community Hospital, West Point, MS for facilities and 

equipment ........................................................................................... 775,000 

West Shore Advanced Life Support Services, Inc., Camp Hill, PA, 

for facilities and equipment ............................................................... 100,000 

West Virginia University for a clinical teaching center at the 

Charleston Area Medical Center ...................................................... 5,000,000 

West Virginia University for the construction of a Biomedical 

Science Research Center .................................................................... 20,000,000 

1153 

West Virginia Wesleyan College for the construction of an expansion of the Christopher Health Science Center ............................... 4,000,000 

WestCare Health System, Sylva, NC, for facilities and equipment 600,000 

Western Pennsylvania Hospital, Pittsburgh, PA ................................ 250,000 

Westmoreland Regional Hospital, Greensburg, PA for facilities and 

equipment ........................................................................................... 200,000 

Westside Healthcare District, Taft, CA, for facilities and equipment 200,000 

Whidden Memorial Hospital, Everett, MA for facilities and equipment .................................................................................................... 400,000 

White Memorial Medical Center, Los Angeles, CA for facilities and 

equipment ........................................................................................... 1,500,000 

White Plains Hospital Center, White Plains, NY for a project in cooperation with the White Plains School District to encourage and 

assist students, particularly underrepresented minorities, to pursue careers in nursing ....................................................................... 350,000 

Whiteside County Health Department, Rock Falls, IL for facilities 

and equipment .................................................................................... 450,000 

Whitney M. Young, Jr. Health Center, Albany, NY for facilities and 

equipment ........................................................................................... 340,000 

Wills Eye Hospital, Philadelphia, PA .................................................. 1,000,000 

Winneshiek County Memorial Hospital, Decorah, IA for facilities 

and equipment .................................................................................... 100,000 

Wirt County Health Services Association, Inc., Elizabeth, WV for 

facilities and equipment for a community health center in 

Ravenswood, WV ................................................................................ 100,000 

Wishard Hospital in Indianapolis, IN .................................................. 250,000 

Wistar Institute, Philadelphia, PA ....................................................... 100,000 

Women and Infants Hospital, Providence, RI for facilities and 

equipment ........................................................................................... 100,000 

Women’s Medical Hospital, Philadelphia, PA for construction, renovation and equipment ...................................................................... 250,000 

Wooster Community Hospital, Wooster, OH for facilities and equipment .................................................................................................... 1,000,000 

Wright State University, Miami Valley College of Nursing and 

Health, Dayton, OH for the Nursing Institute of West Central 

Ohio ..................................................................................................... 100,000 

Wyoming Valley Health Care System, Wilkes-Barre, PA .................. 100,000 

Wyoming Valley Health Care System, Wilkes-Barre, PA for construction, renovation, and equipment .............................................. 150,000 

Yakima Valley Farmworkers Clinic, Portland, OR to purchase 

equipment for the Rosewood Family Health Clinic ......................... 100,000 

Yakima Valley Memorial Hospital, WA ............................................... 500,000 

Yale University School of Medicine, New Haven, CT for facilities 

and equipment for an ovarian cancer prevention and early detection program ....................................................................................... 400,000 

Yancey County, Burnsville, NC, for facilities and equipment for the 

Yancey County children and family services medical campus ....... 1,000,000 

Yavapai Regional Medical Center, Prescott, AZ, for facilities and 

equipment ........................................................................................... 100,000 

Yeled V’Yalda Early Childhood Center, Inc., Brooklyn, NY for facilities and equipment for a medical center and therapeutic 

recreation center ................................................................................ 100,000 

Yeshiva University, Albert Einstein College of Medicine, New York, 

NY for facilities and equipment ........................................................ 200,000 

YMCA of Central Stark County, Canton, OH for facilities and 

equipment ........................................................................................... 1,000,000 

YMCA of Western Stark County, Navarre, OH for facilities and 

equipment ........................................................................................... 1,000,000 

York Health Corporation, York, PA ..................................................... 25,000 

Zucker Hillside Hospital, Glen Oaks, NY for facilities and equipment .................................................................................................... 385,000 

The conference agreement includes bill language identifying 

$39,499,000 for the rural hospital flexibility grants program, as 

provided by the Senate. The House bill provided $32,500,000. Within the total provided, $14,499,000 is for the Small Rural Hospital 

Improvement Grant program. 

1154 

The conference agreement includes bill language identifying $249,000 for facilities renovation at the Gillis Long Hansen’s Disease Center as proposed by the Senate rather than $250,000 as 

proposed by the House. 

The conferees have included bill language proposed by the Sen- ate identifying $31,000,000 for existing community health centers 

for economic stabilization and to offset the rising cost of current 

services. The House report included a similar directive. 

The conference agreement includes bill language identifying $100,000 for malpractice insurance for volunteer physicians who 

practice at free clinics instead of $4,821,000 as proposed by the 

Senate. The House did not provide funding for this program. The 

conferees understand that claims against the Federal malpractice 

insurance are not likely to appear until at least fiscal year 2006, 

but want to signal the intent to continue the program. 

The conference agreement includes bill language providing $9,941,000 to remain available until expended for the National 

Cord Blood Stem Cell Bank Program. The House did not provide 

funding for this program. 

The conference agreement includes bill language identifying $288,283,000 for family planning instead of $278,283,000 as proposed by the House and $308,283,000 as proposed by the Senate. 

The conference agreement includes bill language identifying $793,872,000 for State AIDS Drug Assistance Programs instead of 

$783,872,000 as proposed by the Senate and $803,872,000 as proposed by the House. 

The conference agreement includes bill language designating $119,158,000 of the funds provided for the maternal and child 

health block grant for special projects of regional and national significance (SPRANS), as provided by the House. The Senate bill provided $122,530,000 for this purpose. It is intended that $4,000,000 

of the SPRANS amount will be used to continue the sickle cell newborn screening program and its locally based outreach and counseling efforts. In addition, $5,000,000 of the SPRANS amount will 

be used to continue the oral health demonstration programs and 

activities in the States. The conference agreement also includes 

within the SPRANS set-aside $1,600,000 to continue mental health 

programs and activities in the States, $3,000,000 to continue the 

epilepsy demonstration, and $2,000,000 to continue newborn and 

child screening for heritable disorders. 

The conference agreement includes $200,000 for grants to establish a demonstration program and a National Coordinating Center to develop systemic mechanisms for the prevention and treatment of sickle cell disease as authorized in Section 712 of Public 

Law 108–357. The Sickle Cell Demonstration Program is designed 

to improve and expand patient and provider education and the continuity and coordination of service delivery for individuals with 

sickle cell disease through grants to eligible entities as provided for 

in the legislation. The conferees encourage HRSA to work with patient and provider organizations to develop these programs and 

prepare a program plan for fiscal year 2006 within six months of 

enactment. 

The conference agreement includes bill language providing 

$40,000,000 to the Denali Commission as a direct lump payment 

1155 

pursuant to P.L. 106–113, of which $10,000,000 is for a psychiatric 

treatment facility in Bethel, Alaska, $10,000,000 is for residential 

and supportive housing for elders, $2,500,000 is for medical and 

dental equipment for rural clinics, and $5,000,000 is for upgrade 

and construction of shelters for victims of domestic violence and 

child abuse. The Senate provided $41,794,000 for the Denali Commission. The House did not include funding for the Commission. 

These funds support construction and renovation of health clinics, 

hospitals and social service facilities in rural Alaska as authorized 

by Public Law 106–113. Provision of the funding will help remote 

communities in Alaska develop critically needed health and social 

service infrastructure for which no other funding sources are available. The conferees expect the Denali Commission to continue its 

support of joint venture projects to replace the aging hospitals in 

Nome and Barrow. 

The conference agreement provides $14,000,000 for Native Hawaiian health care activities within the consolidated health centers 

program instead of $15,000,000 as provided by the Senate. The 

House did not identify specific funding for Native Hawaiian activities. 

The conferees continue to support the technical assistance provided to community health centers through the current state and 

national cooperative agreements, in order to sustain the continued 

expansion of the health centers program. 

The conferees urge HRSA to give preference for funding to section 330 applications submitted within States that have made recent and significant investments to develop new health center sites 

and services. 

The conference agreement provides $87,078,000 for National 

Health Service Corps recruitment. Although this level is a reduction compared to fiscal year 2004, it is not expected to trigger a decrease in the number of scholarships and loan repayments that can 

be supported. The recently enacted American Jobs Creation Act of 

2004 exempts NHSC loan repayments from taxation as income. 

This legislative change will permit HRSA to make approximately 

forty percent more awards under the loan repayment program at 

any given funding level than in fiscal year 2004 because HRSA will 

no longer have to reimburse loan recipients for the tax payment. 

The conference agreement includes $2,000,000 for the demonstration program which allows chiropractors to participate in the 

NHSC loan forgiveness program. 

The conferees do not approve the President’s request to use 

Healthy Community Access program funds for health care networks or for chronic disease management activities. 

Within the total for Ryan White AIDS programs, no less than 

the amount provided in fiscal year 2004 is included for AIDS activities that are targeted to address the growing HIV/AIDS epidemic 

and its disproportionate impact upon communities of color, including African Americans, Latinos, Native Americans, Asian Americans, Native Hawaiians, and Pacific Islanders. 

The conference agreement includes $9,000,000 for rural and 

community access to emergency devices. Of this amount, 

$8,000,000 is for the rural program under section 413 of the Public 

1156 

Health Service Act and $1,000,000 is for the community access 

demonstration under section 313 of the Act. 

The conferees are concerned about reports that grant reviewers 

for the health careers opportunity program (H–COP) have not recognized the guidance in House and Senate appropriations report 

language over the past several years. That report language consistently urged HRSA to give priority consideration for H–COP grants 

to historically minority health professions schools. Yet, several proposals for initial or competitive renewal grants from these institutions were not funded in the 2003–2004 grant cycle; the reviewer 

comments did not seem to acknowledge important elements of the 

applications demonstrating the accomplishments of these schools. 

The conferees direct the Government Accountability Office to study 

the H–COP grant review process over the past two years to determine if the grant reviewers correctly interpreted and scored the applications from historically minority health professions schools. The 

review should include the appropriateness of the criteria used to 

score the application and the degree to which they reflected appropriations report language guidance. The report should be delivered 

to the House and Senate Appropriations Committees by June 1, 

2005. 

The conferees encourage HRSA to provide funding for baccalaureate-prepared registered nurses to obtain advanced nursing 

education (master’s degrees) in psychiatric mental health nursing. 

The conferees further encourage HRSA to provide funding for postmasters certification training in psychiatric mental health nursing 

for masters-prepared nurses already trained in other specialties. 

The conferees recognize the problem of a growing shortage of 

nursing faculty and that potential nursing students are being 

turned away from nursing schools because faculty are not available. For example, a lack of qualified faculty is a principal reason 

for not admitting more students into some Tennessee nursing programs, and Tennessee is one of six states expected to have a critical shortage of nursing faculty within the next five years. The conferees support efforts to address the nursing school faculty shortage 

through the development of strategic partnerships between health 

care providers and educational institutions. 

The conferees concur in the House report language allocating 

funding within allied health at the fiscal year 2004 level for graduate psychology education and geropsychology. The conferees also 

concur in House report language allocating the same funding as in 

fiscal year 2004 for geriatric education centers, geriatric training, 

and geriatric academic career awards. The conferees concur in Senate report language allocating funding at least at the fiscal year 

2004 level for the pediatric dental program and providing continued funding for the chiropractic-medical school demonstration 

grant program. 

The conferees continue to be concerned about the health care 

needs of those in the Mississippi River Delta region. The conferees 

provide $5,200,000 for rural health outreach to continue the ongoing initiative in eight States. These grants provide funding and 

technical assistance to help underserved rural communities identify 

and better address their health care needs and to help small rural 

hospitals improve their financial and operational performance. The 

1157 

conferees further recommend that HRSA consult with the Delta 

Regional Authority and the Delta Health Alliance, given their ongoing relationships with communities in the Delta. 

The conferees concur in language in the Senate report identifying $3,000,000 within traumatic brain injury funding for protection and advocacy services. The House report did not have similar 

language. 

The conferees concur in language included in the Senate report 

regarding the distribution of family planning grants. The House report did not include similar language. 

The conference agreement includes $148,533,000 for program 

management as provided by the Senate instead of $151,317,000 as 

provided by the House. The conferees expect HRSA to use no more 

than one percent of the funds allocated for projects for agency administrative expenses. 

CENTERS FOR DISEASE CONTROL AND PREVENTION

DISEASE CONTROL, RESEARCH, AND TRAINING

The conference agreement includes $4,533,911,000 for disease 

control, research, and training at the Centers for Disease Control 

and Prevention (CDC), instead of $4,228,778,000 as proposed by 

the House and $4,538,592,000 as proposed by the Senate. In addition, $265,100,000 is made available under section 241 of the Public Health Service Act. The House bill proposed that $249,100,000 

and the Senate bill proposed that $269,100,000 be derived from 

section 241 authority. 

The conference agreement adopts the revised account structure 

proposed by the Senate. The new structure includes both account 

changes that result from the CDC Director’s Futures Initiative and 

revisions made by the Senate regarding the treatment of CDC overhead, personnel, and business expenses. Accordingly, all House bill 

numbers referenced below are adjusted for comparability. 

The conference agreement includes bill language earmarking 

$272,000,000 for equipment, construction, and renovation of facilities, including the new data center and recovery site to ensure 

availability of critical systems and data supporting CDC’s homeland security and public health emergency responsibilities, instead 

of $81,500,000 as proposed by the House and $294,500,000 as proposed by the Senate. Within this total, $250,000,000 is for continuation of CDC’s program to upgrade and replace facilities in Atlanta 

and $22,000,000 is to continue construction and purchase equipment for the replacement of CDC’s infectious disease laboratory in 

Fort Collins, Colorado. The conferees support the implementation 

of CDC’s Buildings and Facilities Master Plan and are pleased with 

the progress made to date. 

The conference agreement includes bill language carried in 

prior years to allow the CDC to enter into a single contract or related contracts for the full scope of development and construction 

of facilities as proposed by both the House and the Senate. The 

conference agreement also includes bill language to allow funds appropriated to the CDC to be used to enter into a long-term ground 

lease for construction on non-Federal land, in order to replace their 

1158 

laboratory in the Fort Collins, Colorado area as proposed by both 

the House and Senate. 

The conference agreement includes bill language to earmark $124,882,000 for international HIV/AIDS, instead of $142,808,000 

as proposed by the House and $118,842,000 as proposed by the 

Senate. The conference agreement reflects the result of the CDC 

account restructuring and not a difference in the international 

HIV/AIDS program operation level. 

The conference agreement includes bill language similar to 

that proposed by the Senate designating that the following 

amounts shall be available under section 241 (Public Health Service Act evaluation set-aside) for the specified activities: $109,021,000 National Center for Health Statistics Surveys; $12,794,000 National Immunization Surveys; 

$24,751,000 Information Systems Standards Development and Architecture and Applications-based Research Used 

at Local Public Health Levels; $87,071,000 Research Tools and Approaches within the 

National Occupational Research Agenda; $31,000,000 Public Health Research; and 

$463,000 Health Marketing evaluations. 

The conference agreement does not include language proposed 

by the Senate providing authority to the Director to direct up to 1 

percent of the amount made available for any program, project, or 

activity in this Act to the Centers for Disease Control and Prevention to programs, projects, and activities the Director may so designate. The conferees instead encourage the Director to utilize 

available reprogramming authority to assist in the implementation 

of the Futures Initiative. 

The conference agreement includes modified bill language pro- posed by the Senate to permit the Director to use up to $10,000 

provided under this heading for representational expenses. The 

Senate bill included similar authority as a general provision. The 

House bill had no similar provision. 

INFECTIOUS DISEASES

The conference agreement includes $1,666,455,000 for Infectious Diseases, instead of $1,660,599,000 as proposed by the House 

and $1,675,800,000 as proposed by the Senate. In addition, 

$12,794,000 is available to carry out National Immunization Surveys to be derived from section 241 evaluation set-aside funds. 

Infectious Disease Control 

Within the total for Infectious Diseases, the conference agreement includes $227,521,000 for infectious disease control activities 

instead of $224,288,000 as proposed by the House and 

$232,731,000 as proposed by the Senate. 

Within the total provided, $1,291,000 above fiscal year 2004 is 

provided for areas of highest scientific and programmatic priority 

for preparing and responding to present and emerging infectious 

disease threats. 

Within the total provided, $3,500,000 above fiscal year 2004 is 

to augment CDC’s resources for supporting States in developing 

1159 

and implementing effective surveillance, prevention, and mosquito 

control to effectively combat West Nile Virus and support research 

on the biology of the disease. 

Within the total provided, $1,000,000 above fiscal year 2004 is 

to expand and improve surveillance, research, and prevention activities on prion disease. The conferees intend the CDC allocate a 

portion of the increase provided to expand the work of the National 

Prion Disease Pathology Surveillance Center and to augment state 

and local disease surveillance activities. 

HIV/AIDS, STD and TB Prevention 

Within the total for Infectious Diseases the conference agreement includes $968,938,000 for HIV/AIDS, STD and TB prevention 

instead of $970,590,000 as proposed by the House and 

$967,075,000 as proposed by the Senate. 

Included is $667,938,000 for domestic HIV/AIDS activities; 

$161,000,000 for STD activities; and $140,000,000 for TB activities. 

Within the total for HIV/AIDS, the conferees intend that the 

activities that are targeted to address the growing HIV/AIDS epidemic and its disparate impact on communities of color, including 

African Americans, Latinos, Native Americans, Asian Americans, 

Native Hawaiians, and Pacific Islanders be supported at not less 

than $97,818,000, the fiscal year 2004 level. The conferees intend 

that CDC follow the report accompanying the Labor, HHS and 

Education and Related Agencies Appropriations Act, 2002 regarding the disbursement of these funds, including continuing support 

for the Directly Funded Minority Community Based Organization 

Program. 

The conference agreement provides an increase of $2,420,000 

to expand the infertility prevention program to provide screening 

and testing technologies for STDs and HIV, as well as other women’s health services that are provided by recipients of these funds. 

The conferees concur with language in the Senate report encouraging CDC to maximize the percentage of TB control funds 

made available on a per case basis while ensuring that no state receives less funding than it received in fiscal year 2004. 

Immunization 

Within the total for Infectious Diseases, the conference agreement includes a discretionary program level total of $469,995,000 

for immunization, instead of $465,721,000 as proposed by the 

House and $475,995,000 as proposed by the Senate. In addition, 

$12,794,000 is for national immunization surveys to be derived 

from section 241 evaluation set-aside funds, the same as proposed 

by the Senate and the House. 

In addition, the Vaccines for Children (VFC) program funded 

through the Medicaid program includes $1,208,296,000 in vaccine 

purchases and distribution support in fiscal year 2005, for a total 

immunization program level of $1,678,291,000. 

Included in the amount provided is $414,796,000 for the section 317 program, and $67,993,000 for immunization program operations, including $5,000,000 to continue and expand the Surveillance, Preparedness, Awareness, and Response System. 

1160 

HEALTH PROMOTION

The conference agreement includes $1,032,802,000 for Health 

Promotion, instead of $993,802,000 as proposed by the House and 

$988,090,000 as proposed by the Senate. 

Chronic Disease Prevention, Health Promotion, and Genomics 

Within the amount for Health Promotion, the conference agreement includes $907,159,000 for chronic disease prevention and 

health promotion instead of $873,936,000 as proposed by the House 

and $864,195,000 as proposed by the Senate. Programs within this 

account are funded at the following amounts: 

$45,000,000 for Heart Disease and Stroke, $3,372,000 over 

fiscal year 2004; 

$312,357,000 for Cancer Prevention and Control, 

$18,532,000 over fiscal year 2004; 

$64,000,000 for Diabetes activities, $4,043,000 over fiscal 

year 2004; 

$22,680,000 for Arthritis and Other Chronic Diseases, 

$658,000 over fiscal year 2004; 

$105,239,000 for Tobacco activities, an increase of 

$15,000,000 to sustain the same program level as fiscal year 

2004; 

$42,289,000 for Nutrition/Physical Activity, $3,000,000 

over fiscal year 2004; 

$21,820,000 for Community Health Promotion, $1,200,000 

over fiscal year 2004; 

$57,232,000 for School Health, the same as fiscal year 

2004; 

$45,121,000 for Safe Motherhood/Infant Health, the same 

as fiscal year 2004; 

$11,300,000 Oral Health, $657,000 over fiscal year 2004; 

$59,298,000 for the Childhood Obesity Prevention Program, Verb; 

$29,944,000 for Prevention Centers, $5,000,000 over fiscal 

year 2004; and 

$47,000,000 for the Steps to a Healthier U.S., $5,739,000 

over fiscal year 2004. 

In addition, the agreement includes the following amounts for 

the initiatives below as outlined in the Senate report: 

$1,600,000 for Alzheimer’s Disease activities; 

$750,000 for Inflammatory Bowel Disease activities; 

$700,000 for Interstitial Cystitis activities; and 

$1,500,000 for Pioneering Healthy Communities. 

Within the amount provided for Cancer Prevention and Control 

the following is provided above the fiscal year 2004 level: 

$9,000,000 for the Breast and Cervical Cancer Screening 

Program; 

$2,476,000 for Cancer Registries; 

$1,000,000 for Colorectal Cancer; 

$4,855,000 for Comprehensive Cancer; 

$100,000 for Ovarian Cancer; 

$100,000 for Prostate Cancer; 

$100,000 for Skin Cancer, and 

1161 

$900,000 for cancer survivorship as outlined in the Senate 

report. 

The conference agreement also includes $4,625,000 for the Geraldine Ferraro Cancer Education Program. 

The conferees are agreed that the ratio of funds spent on activities authorized as part of the Breast and Cervical Cancer 

Screening Program should continue in the manner consistent with 

the ratio applicable in fiscal year 2004. 

Within the amounts available for Arthritis and Other Chronic 

Diseases, the agreement provides an increase over fiscal year 2004 

of $405,000 for the expansion of State-based arthritis programs and 

collaborations with the relevant voluntary health organizations and 

of $253,000 to enhance epilepsy efforts, in partnership with a national non-profit organization that works on behalf of children and 

adults affected by seizures. In addition, $950,000 is available within Arthritis and Other Chronic Diseases to continue support for the 

National Lupus Patient Registry. 

Within amounts provided for Community Health Promotion: 

$7,707,000 is available to support and expand the Behavioral Risk 

Factor Surveillance Systems, as outlined in the Senate report; 

$6,037,000 is for health promotion; $3,586,000 ($250,000 above fiscal year 2004) is provided for continuing and expanding a model 

project that is testing and evaluating the efficacy of glaucoma 

screening using mobile units; $2,516,000 ($250,000 above fiscal 

year 2004) is for the national vision screening and education program; and $1,974,000 is for the Mind-Body Medical Institute in 

Boston, Massachusetts to continue practice-based assessments, 

identification, and study of promising and heavily-used mind/body 

practices. 

The conferees applaud the CDC’s commitment to continuing 

partnership with the Dr. James West Health Clinic in Chicago, IL 

in order to measure the effectiveness of integrating a chronic disease management model within a substance abuse treatment program. 

Within the increase of $5,000,000 provided for Prevention Research Centers, the conferees intend that CDC ensure that all centers funded in fiscal year 2004 will continue to receive funding in 

fiscal year 2005. 

The conferees commend CDC on its efforts to promote physical 

activity among children. In addition to regular physical activity, 

sound nutrition and healthy eating are important components of 

good health. The conferees encourage CDC to examine its current 

activities focused on children and develop options for expanding 

work related to promoting better nutrition and healthy eating 

among children. The conferees request that the CDC be prepared 

to report its findings during the fiscal year 2006 budget hearings. 

Birth Defects 

Within the amount available for Health Promotion, the conference agreement includes $125,643,000 for birth defects, developmental disabilities, disability and health instead of $119,866,000 as 

proposed by the House and $123,895,000 as proposed by the Senate. 

1162 

Within the total, the following amounts are provided for the 

specified activities above the comparable amount for fiscal year 

2004: 

$1,758,000 to expand autism surveillance and education 

activities; 

$250,000 to expand activities related to Fetal Alcohol Syndrome; 

$250,000 to expand activities related to Folic Acid; 

$657,000 to expand the National Spina Bifida program, including $200,000 to create a National Spina Bifida Clearinghouse and Resource Center; 

$500,000 to expand the CDC’s public health education and 

research partnership with the Tourette Syndrome Association; 

$1,500,000 to expand surveillance and epidemiological efforts of Duchenne and Becker muscular dystrophy, including 

$500,000 to begin a coordinated education and outreach initiative through the Parent Project Muscular Dystrophy; 

$1,394,000 to expand support for the Special Olympics 

Healthy Athletes Initiative; 

$819,000 to continue and expand programs that translate 

clinical rehabilitation programs, including $500,000 to increase 

demonstration programs with the Christopher Reeve Paralysis 

Foundation; 

$1,000,000 to expand the work of the Centers for Birth Defects Research and Prevention and the National Foundation for 

Facial Reconstruction related to craniofacial malformation; 

$99,000 to expand the activities related to thalassemia 

blood safety surveillance; and 

$170,000 to expand the work of the Attention Deficit Resource Centers. 

In addition, the agreement includes the following amounts for 

the new initiatives below as outlined in either the House or Senate 

reports: 

$1,000,000 to expand and support studies related to Down 

Syndrome; 

$900,000 to expand activities related to Fragile X; 

$900,000 to support the development of pilot projects to expand existing birth defect surveillance systems to include fetal 

death data at the Iowa Department of Health and the Metropolitan Atlanta Congenital defects Program; and 

$550,000 to establish a public health outreach and surveillance program for Diamond Blackfan anemia. 

HEALTH INFORMATION AND SERVICE

The conference agreement includes $95,247,000 for Health Information and Service, instead of $96,523,000 as proposed by the 

House and $96,449,000 as proposed by the Senate. In addition, 

$134,235,000, to be derived from section 241 evaluation set aside 

funds, is included to carry out National Center for Health Statistics 

surveys, Public Health Informatics evaluations, and health marketing evaluations. 

Within the amount provided, the conference agreement includes $109,021,000 for the National Center for Health Statistics. 

1163 

ENVIRONMENTAL HEALTH AND INJURY PREVENTION

The conference agreement includes $288,168,000 for Environmental Health and Injury Prevention activities, instead of 

$287,327,000 as proposed by the House and $290,126,000 as proposed by the Senate. 

Environmental Health 

Within the funds available for Environmental Health and Injury Prevention, the conference agreement includes $148,747,000 

for environmental health instead of $148,859,000 as proposed by 

the House and $148,958,000 as proposed by the Senate. 

Within the total: 

$27,800,000 is for the environmental health laboratory, 

$690,000 above fiscal year 2004; 

$51,461,000 is for environmental health activities (including an increase over fiscal year 2004 of $500,000 for both the 

Environmental and Health Outcome Tracking Network and the 

physician education and public awareness program for primary 

immune deficiency disease as implemented by the Jeffrey 

Modell Foundation); 

$32,700,000 is for asthma, $599,000 over fiscal year 2004; 

and 

$36,786,000 is for childhood lead poisoning, the same as 

fiscal year 2004. 

Injury Control 

Within the funds provided for Environmental Health and Injury Prevention, the conference agreement includes $139,421,000 

for injury control, instead of $138,468,000 as proposed by the 

House and $141,168,000 as proposed by the Senate. 

Within the total provided: 

$104,021,000 is for intentional injury prevention activities, 

including increases above fiscal year 2004 of: $342,000 to extend implementation of the National Violent Death Reporting 

System, $466,000 to expand child maltreatment prevention activities, $1,000,000 to expand rape prevention and education 

activities, including funding for the National Resource Center 

on Sexual Assault at the statutory maximum, and $479,000 to 

increase support for other intentional injury programs; and 

$35,400,000 is for unintentional injury prevention activities, including an increase over fiscal year 2004 of $515,000 for 

the Traumatic Brain Injury prevention program. In addition, 

sufficient funds are included to continue support for all existing Injury Control Research Centers. 

OCCUPATIONAL SAFETY AND HEALTH

The conference agreement provides a total program level of 

$287,745,000 for occupational safety and health, instead of 

$280,186,000 as proposed by the House and $294,587,000 as proposed by the Senate. Within that amount, $87,071,000 is available 

to carry out research tools and approaches activities within the National Occupational Research Agenda (NORA) to be derived from 

section 241 evaluation set-aside funds. 

1164 

The conferees concur in the directives in the Senate report regarding the NIOSH reporting relationship with the Director of 

CDC, their operating procedures, and organizational structure. 

Within the total provided: 

$1,500,000 above the fiscal year 2004 level is for the Education and Research Centers to expand research activities in 

support of implementation of NORA; 

$1,400,000 above the fiscal year 2004 level is for the National Personal Protective Technologies Laboratory; 

$4,258,000 above the fiscal year 2004 level is for the 

NIOSH in-house mining research program; and 

$2,000,000 above the fiscal year 2004 level is for the National Occupational Research Agenda (NORA). 

The conferees recognize the important role of the sixteen Education and Research Centers in providing research training for occupational health and safety professionals and do not believe that 

funds should be diverted from training activities to support other 

research. 

GLOBAL HEALTH

The conference agreement provides $296,380,000 for Global 

Health activities, instead of $302,051,000 as proposed by the House 

and $305,239,000 as proposed by the Senate. 

Within the total: 

$124,882,000 is for Global HIV/AIDS, the same comparable 

amount as fiscal year 2004; 

$138,300,000 is for Global Immunization, including an increase over fiscal year 2004 of $262,000 for Polio Eradication 

and $135,000 for other global immunization activities; and 

$21,609,000 is for Global Disease Detection, an increase of 

$10,000,000 over fiscal year 2004. 

The conferees encourage the Director to review the proposals 

submitted in response to CDC’s program announcement regarding 

the Rapid Expansion of Antiretroviral Therapy Programs for HIVInfected Persons in Selected Countries in Africa and the Caribbean 

under the President’s Emergency Plan for AIDS Relief and consider 

giving priority to those applications deemed meritorious, but which 

did not receive funding in fiscal year 2004, when awarding funds 

in fiscal year 2005. 

PUBLIC HEALTH RESEARCH

The conference agreement includes $31,000,000, to be derived 

from section 241 evaluation set-aside funds, for Public Health Research, instead of $29,583,000 as proposed by the House and 

$35,000,000 as proposed by the Senate. 

The conferees intend that funds within public health research 

be made available to cover fiscal year 2005 continuation costs associated with the extramural prevention research program. 

PUBLIC HEALTH IMPROVEMENT AND LEADERSHIP

The conference agreement includes $269,145,000 for Public 

Health Improvement and Leadership instead of $199,775,000 as 

1165 

proposed by the House and $261,858,000 as proposed by the Senate. 

Within the total, $8,000,000 is included for a Director’s Discretionary Fund to support activities deemed by the Director as having high scientific and programmatic priority and to respond to 

emergency public health requirements. The conferees concur with 

language in the Senate report regarding the Director’s authority to 

reallocate management savings to the Director’s Discretionary 

Fund upon notification of the Committees on Appropriations in the 

House and Senate. 

The conference agreement includes $180,114,000 for Leadership and Management, instead of $179,682,000 as proposed by the 

House and $179,977,000 as proposed by the Senate. 

The conference agreement includes $1,000,000 for the Institute 

of Medicine to conduct a study that includes recommendations regarding appropriate nutritional standards for the availability, sale, 

content, and consumption of food at school, with particular attention given to foods offered in competition with federally-reimbursed 

meals and snacks. 

The conference agreement includes $500,000 to continue the 

Comprehensive Assessment of Rural Health in Iowa (CARHI), in 

conjunction with the Iowa Department of Public Health. 

The conference agreement includes the following amounts for 

the following projects and activities in fiscal year 2005: 

Access Community Health Network, Chicago, IL for programs related to prevention and control of chronic diseases ........................ $500,000 

Advocate Health Care, Oak Brook, IL for an initiative to reduce 

asthma morbidity and mortality among at-risk populations in the 

Chicago area ....................................................................................... 175,000 

Alaska Lung Association, Anchorage, AK with the Asthma and Allergy Foundation of Alaska and the Alaska Native Health Board 

for programs to prevent lung diseases stemming from tobacco ..... 500,000 

Alivio Medical Center, Chicago, IL, for services related to prevention and control of chronic diseases .................................................. 300,000 

All Children’s Hospital, Inc., St. Petersburg, FL, for an Obesity 

Education Project ............................................................................... 300,000 

Alliance of AIDS Services—Carolina, Raleigh, NC for a peer-led 

secondary prevention program targeting people living with HIV 100,000 

Alliance of Pennsylvania Councils, Camp Hill, PA for a weight 

management program ........................................................................ 200,000 

Alpha Community Ambulance Services, Inc., State College, PA for 

bioterrorism preparedness ................................................................. 100,000 

Alzheimer’s Association of the Delaware Valley, Philadelphia, PA 

to increase community awareness of Alzheimer’s ........................... 100,000 

American Cancer Society—Southwest Region, Pittsburgh, PA for a 

living with cancer program ............................................................... 25,000 

American Trauma Society, Upper Marlboro, MD, for a Survey 

Project on Communicating with Trauma Victims and their Families ....................................................................................................... 550,000 

American Vitiligo Research Foundation (AVRF), for education and 

awareness programs .......................................................................... 100,000 

American-Italian Cancer Foundation, New York, NY for mobile 

breast cancer screening (including upgrades to a mammography 

van) ...................................................................................................... 100,000 

Baltimore City Health Department, Baltimore, MD for HIV/STD 

prevention programs .......................................................................... 340,000 

Battelle, Inc., Columbus, OH, to assess the Pennsylvania agriculture industry readiness against agriculture terrorism and develop a prevention and response plan in coordination with Penn 

State University ................................................................................. 100,000 

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Bayview Hunters Point Health and Environmental Resource Center, San Francisco, CA for education and outreach programs regarding asthma and cancer ............................................................... 150,000 

Benedictine University, Lisle, IL, for a Public Safety Education Initiative for DuPage and Kendall Counties, IL .................................. 2,000,000 

Benton County Jail, Benton County, AR, for a UV Germicidal Disinfection Unit ...................................................................................... 50,000 

Bergen Community Regional Blood Center, Paramus, NJ, for a 

demonstration program ..................................................................... 70,000 

Beth Israel Medical Center, New York, NY for rape prevention and 

intervention services at its Rape Crisis Intervention Center ......... 200,000 

Black Hills State University for the West River Task Force on 

Fetal Alcohol Syndrome ..................................................................... 300,000 

Boys and Girls Clubs of San Dieguieto, San Diego, CA, for a Health 

Lifestyle Program ............................................................................... 100,000 

Bucks County EMA, Ivyland, PA to upgrade equipment and provide training for bioterrorism preparedness .................................... 100,000 

Butler County Community College, Butler, PA for bioterrorism preparedness training ............................................................................. 25,000 

California State University, Fullerton, College of Human Development and Community Service, for programs aimed at preventing 

obesity and promoting health for children ....................................... 400,000 

Cascade AIDS, Portland, OR, to implement the Working Choices 

Project ................................................................................................. 50,000 

Center for Integration of Medicine and Innovative Technology, 

Cambridge, MA for a Facility Airborne Biological Toxin Alarm 

System ................................................................................................. 500,000 

Center for International Rehabilitation for the Disability Rights 

Monitor ................................................................................................ 500,000 

Center for Mind Body Medicine, Washington, D.C., to train health 

and mental health professionals in treating war and terrorism 

related trauma in the U.S. and abroad ............................................ 100,000 

Center for Nonproliferation Studies, Monterey, CA, for maintenance and expansion of the Monterey WMB Terrorism Database 750,000 

Center in the Park, Philadelphia, PA for health education, screening, wellness programs and other services to reduce the burden 

of chronic disease among senior citizens .......................................... 150,000 

Chattahoochee Valley Community College, Phenix City, AL, for 

first responder training ..................................................................... 100,000 

Chattanooga Health and Performance Institute, University of Tennessee at Chattanooga, Chattanooga, TN ........................................ 400,000 

Citizens Against Toxic Exposure in Pensacola, Florida to continue 

outreach efforts .................................................................................. 100,000 

City of Charlotte, NC, for Charlotte ALERT bioterrorism surveillance activities .................................................................................... 250,000 

City of Waterloo, Iowa, for expansion of Fire PALS, a school-based 

injury prevention program ................................................................ 450,000 

Clarion University, Clarion, PA to create the Pennsylvania Smoking Cessation and Prevention Campaign ......................................... 250,000 

Cleveland State University for training first responders ................... 500,000 

College of New Rochelle, New Rochelle, NY for development and 

dissemination of preventive health educational materials ............. 200,000 

Commission on Economic Opportunity, Wilkes-Barre, PA to support the Weinberg Northeast Regional Nutrition Program for nutrition education ................................................................................. 25,000 

Community College Foundation, Sacramento, CA, for the ePassport 

foster child health and education data tracking program .............. 500,000 

Community Health Centers in Hawaii for the Childhood Rural 

Asthma Project ................................................................................... 150,000 

Community Health Partnership, San Jose, CA for breast cancer 

screening and referral services to low-income, medically underserved women ..................................................................................... 300,000 

CommunityHealth in Chicago, IL for continuation of health-related 

programs ............................................................................................. 100,000 

Comprehensive Cancer Center of the Ohio State University, Columbus, OH, for the Center for Health Disparities ......................... 150,000 

Dan River Cardiovascular Health Initiative Program, Danville, VA 25,000 

1167 

Delaware County Emergency Services, PA for a bioterrorism preparedness program ............................................................................. 25,000 

Delta Health Alliance, Stoneville, MS for continuation of multipartner effort to address health disparities in the Delta ............... 2,000,000 

Department of Obstetrics and Gynecology, Drexel University College of Medicine, Philadelphia, PA, for prenatal care ..................... 300,000 

District of Columbia Department of Health, for monitoring of residents’ exposure to lead, including blood testing and environmental assessments ........................................................................... 200,000 

Domestic Violence Coalition, Harrisburg, PA for a domestic violence database .................................................................................... 300,000 

East Los Angeles Community Union (TELACU) Education Foundation, Los Angeles, CA, to address healthcare epidemic by implementing a bilingual outreach program ............................................. 100,000 

Eastern Maine Healthcare, Bangor, ME, for chronic disease management at the Institute for Medical Improvement (IMI) .............. 300,000 

Eastside Healthcare of Chicago Heights Foundation, Chicago 

Heights, IL for implementation of an asthma outreach program 

in schools ............................................................................................. 125,000 

Emory University, Atlanta, GA for the Southeastern Center for 

Emerging Biologic Threats ................................................................ 100,000 

Food Allergy & Anaphylaxis Network, Fairfax, VA to raise public 

awareness of food allergies ................................................................ 250,000 

Food for Fuel, Washington, DC to implement their F3 nutritional 

education program ............................................................................. 100,000 

Friends of the Congressional Glaucoma Caucus Foundation, Lake 

Success, NY for eye screening in Southwest Texas ......................... 500,000 

Georgia Rural Water Association, Barnesville, GA, for the National 

Fluoridation Training Institute ........................................................ 75,000 

Giant Steps Illinois, Inc., Burr Ridge, IL, to support and expand 

the Autism Center of Excellence ....................................................... 100,000 

Gilda’s Club South Jersey, Atlantic City, NJ, to expand outreach 

programs ............................................................................................. 50,000 

Golden Gate National Parks Conservancy, San Francisco, CA ......... 150,000 

Haitian American Association Against Cancer, Miami, FL for cancer education, outreach, screening and related programs .............. 240,000 

Health Care Improvement Foundation, Philadelphia, PA for a public health/bioterrorism disaster communications project ................ 100,000 

Health Choice Network, Miami, FL for the Jessie Trice Cancer prevention project .................................................................................... 350,000 

Health Improvement Collaborative of Greater Cincinnati, Cincinnati, OH, for an On The Move Initiative .................................... 100,000 

Health Services Partnership of Dorchester, MA for outreach, education and prevention services related to conditions such as obesity, diabetes, heart disease and cancer ........................................... 450,000 

Home Safety Council, Washington, DC, for a national injury prevention education program targeting youth .................................... 50,000 

Hult Health Education Center, Peoria, IL .......................................... 75,000 

Illinois State University, Normal, IL, for a Physical Education Obesity Prevention and Lifestyle Enhancement (PEOPLE) program 125,000 

Inner Harmony Foundation and Wellness Center, Clark Summit, 

PA for a community health program ................................................ 250,000 

International Species Information System, Eagan, MN ..................... 500,000 

Iowa Department of Public Health to initiate the Harkin Wellness 

Grant program .................................................................................... 3,000,000 

Iowa Games to continue the Lighten Up Iowa program .................... 200,000 

Iowa Health Foundation to continue a pilot program on chronic disease management ............................................................................... 400,000 

Iowa State University, Ames, IA for the Center for the Study of Violence to identify factors that contribute to the development of 

violence-prone individuals ................................................................. 155,000 

Iron Disorders Institute, Hershey, PA to establish a joint Center 

for the Study of BioMetals in Health and Disease with special 

emphasis on iron-related disorders ................................................... 250,000 

Jaisohn Center, Philadelphia, PA for diabetes management and 

other health programs ....................................................................... 100,000 

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James Whitcomb Riley Hospital for Children, Indianapolis, IN, for 

continuation of autism programs at the Christian Sarkine Autism Treatment Center ...................................................................... 200,000 

John B. Amos Cancer Center, Columbus Regional Healthcare System, Columbus, GA, for cancer education and early detection programs ................................................................................................... 250,000 

Kansas City Free Health Clinic, Kansas City, MO to establish a 

chronic disease management program ............................................. 125,000 

Kansas State University, Manhattan, KS, for the Youth Obesity 

Prevention Initiative .......................................................................... 250,000 

Karmanos Cancer Institute, Detroit, MI, for cancer prevention and 

research ............................................................................................... 1,000,000 

Kids Kicking Cancer, Birmingham, MI ............................................... 500,000 

Kids Kicking Cancer, Birmingham, MI, to initiate the ‘‘Kids Kicking Cancer’’ program in Pennsylvania .............................................. 25,000 

Kirkwood Community College, Cedar Rapids, IA for the National 

Mass Fatalities Institute ................................................................... 100,000 

La Rabida Children’s Hospital, Chicago, IL for diabetes programs 

for children and families .................................................................... 150,000 

Lance Armstrong Foundation, Austin, TX in collaboration with the 

Abramson Cancer Center at the University of Pennsylvania, 

Philadelphia, PA for the Living Well After Cancer program ......... 100,000 

Lance Armstrong Foundation, Austin, TX, for a Lance Armstrong 

Foundation Survivorship Center ...................................................... 100,000 

Lehigh Carbon Community College, Schnecksville, PA for a bioterrorism preparedness program ........................................................... 25,000 

L’Garde, Inc., Tustin, CA for bioterrorism technology development 400,000 

Livingston Parish Government, Denham Springs, LA, for a Healthy 

People 2010 Project ............................................................................ 100,000 

Marin County Health and Human Services Department, San 

Rafael, CA for research and analysis related to breast cancer incidence and mortality in the county ................................................. 440,000 

Marion County, OR to develop Disease Prevention and Education 

Programs ............................................................................................. 50,000 

Medical Center Blount, Oneonta, AL, for an immunization program 20,000 

Medical Institute for Sexual Health (MISH), Austin, TX, for the development of curricula for medical students and primary care 

residents related to sexual health .................................................... 200,000 

Memorial Hermann Baptist Hospitals of Southeast Texas, Julie 

and Ben Rogers Cancer Center, Beaumont, TX to expand cancer 

screening services ............................................................................... 400,000 

MIRA, Bloomfield Hills, MI .................................................................. 50,000 

Montgomery County Department of Public Safety, Eagleville, PA 

for a bioterrorism preparedness program ........................................ 50,000 

National Center for Early Defibrillation, Pittsburgh, PA for educational outreach ................................................................................ 25,000 

National Childhood Cancer Foundation, Bethesda, MD, to provide 

information and assistance to families impacted by childhood 

cancer .................................................................................................. 1,500,000 

National Children’s Cancer Society, St. Louis, MO for the Beyond 

the Cure cancer survivorship program ............................................. 1,000,000 

National Foundation for Trauma Care, Irvine, CA to conduct a 

study on the impact a terrorist attack would have on trauma 

centers ................................................................................................. 150,000 

National Nursing Centers Consortium, Philadelphia, PA for the 

Lead Safe Babies program ................................................................ 75,000 

National Student Assistance Association, Washington, DC to study 

the efficacy of Student Assistance Programs in providing a mechanism to connect students in need of mental health and substance abuse services in coordination with the University of 

Pittsburgh ........................................................................................... 100,000 

Nevada Cancer Institute to create the Lance Armstrong Foundation Cancer Survivorship Center ...................................................... 250,000 

New England Coalition on Health Promotion and Disease Prevention, Providence, RI, for the New England obesity initiative diagnostic study ......................................................................................... 50,000 

1169 

New York Methodist Hospital, Brooklyn, NY for its Patient Followup Coordinator Program to reduce barriers to compliance with 

treatment among cardiac patients from medically underserved 

populations ......................................................................................... 150,000 

New York University for the advancement of the design and function of cochlear implants ................................................................... 200,000 

North Shore AIDS Health Project, Gloucester, MA for programs related to prevention and control of hepatitis ..................................... 150,000 

Northeast Regional Cancer Institute, Scranton, PA for cancer 

screening evaluation .......................................................................... 100,000 

Ophelia Project, Erie, PA, to develop an educational curriculum, in 

collaboration with Pennsylvania State University, to address 

issues of anorexia and bulimia facing adolescent girls ................... 50,000 

Oral Vaccine Institute in Las Vegas, Nevada for the development 

of innovative vaccine delivery alternatives ...................................... 900,000 

Orange County Council of Government, Santa Ana, CA, for a 

Healthy Waterways Initiative ........................................................... 200,000 

Orange County Fire Authority, Orange, CA, for a public safety and 

education center ................................................................................. 150,000 

Partnership for Food Safety Education, Washington, DC, for the 

FightBAC campaign ........................................................................... 200,000 

Pegasus Research Foundation, Little Rock, AR for a bioterrorism 

and disaster communications project in Minnesota ........................ 100,000 

Pennsylvania Breast Cancer Coalition, Ephrata, PA to expand and 

enhance their breast cancer guide book ........................................... 50,000 

Pennsylvania Chapter of the American College of Emergency Physicians, Harrisburg, PA to study the roles of emergency physicians as safety net providers ............................................................. 200,000 

Pennsylvania Homecare Association, Lemoyne, PA to launch a pilot 

project in the state of PA to demonstrate how homecare resources can be used for disease management of chronically ill patients ................................................................................................... 150,000 

Philadelphia Department of Public Health, Philadelphia, PA for a 

health alert network .......................................................................... 150,000 

Pittsburgh Life Science Greenhouse, Pittsburgh, PA for clinical 

trial planning ...................................................................................... 200,000 

Pittsburgh Public Schools, Pittsburgh, PA with the Pittsburgh 

School of Dentistry to develop a pilot oral health project ............... 50,000 

Pocono Health Communities Alliance, Stroudsburg, PA to provide 

a health and human service information and referral program .... 100,000 

Positive Effect Outreach Ministry, Philadelphia, PA to implement 

a HIV outreach and screening program ........................................... 100,000 

Pregnancy Crisis Center, Wichita, KS, for facilities and equipment 80,000 

Prevent Blindness North Carolina, Raleigh, NC for vision screening 

for preschool children ......................................................................... 225,000 

Prince George’s County Department of Health, Upper Marlboro, 

MD for diabetes prevention and education programs targeted to 

reducing diabetes-related health disparities .................................... 330,000 

Provena Mercy Center, Aurora, IL, for diabetes education and prevention ................................................................................................ 750,000 

Public Health Research Institute, Newark, NJ to implement Phase 

III Deployment of an electronic surveillance and alert system to 

produce real-time local and regional data ........................................ 100,000 

S.A.F.E. Inc., Wilkes-Barre, PA for autism outreach ......................... 250,000 

SafeMinds, Cranford, NJ ...................................................................... 200,000 

Saint Joseph’s University, Philadelphia, PA for their anti-obesity 

program. .............................................................................................. 700,000 

Saint Louis Children’s Hospital, St. Louis, MO to establish a patient database to investigate the natural history of children with 

tuberous sclerosis complex ................................................................ 100,000 

San Antonio Metropolitan Health District, San Antonio, TX for a 

health assessment of exposure to environmental contaminants at 

and near the former Kelly Air Force Base ....................................... 320,000 

Save a Life Foundation (SALF), Schiller Park, IL to expand SALF’s 

for first aid training ........................................................................... 500,000 

Schneider’s Children Hospital, New Hyde Park, NY for comprehensive Diamond Blackfan Anemia awareness and surveillance ........ 250,000 

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Self Reliance Foundation, Washington, DC for the Hispanic national health communications initiative ........................................... 500,000 

Silent Spring Institute, Newton, MA for studies of the impact of environmental pollutants on breast cancer and women’s health ....... 350,000 

Sister to Sister—Everyone Has a Heart Foundation to increase 

women’s’ awareness of heart disease, Washington, DC .................. 550,000 

Sixteenth Street Community Health Center in Milwaukee, WI to 

expand the Community-Based Asthma Institute ............................ 350,000 

Slippery Rock University, Slippery Rock, PA, for the Center on Disability and Health to promote and encourage regular physical activity .................................................................................................... 125,000 

South Central Family Health Center, Los Angeles, CA for women’s 

health outreach, education, and screening services ........................ 150,000 

Southeastern Center for Emerging Biologic Threats, Atlanta, GA ... 568,000 

Southern AIDS Commission, Inc., Greenville, MS to provide HIV/ 

AIDS education, prevention, and treatment programs and services ....................................................................................................... 105,000 

Spelman College, Atlanta, GA for its Health and Wellness Initiative for college-age women ................................................................. 450,000 

Spinal Muscular Atrophy Foundation, New York, NY for SMA education and awareness for patients and health professionals .......... 500,000 

State Information Technology Consortium, Herndon, VA to create 

a web-based Center for Reducing Medical Errors ........................... 300,000 

State of Alaska Department of Health and Social Services, Juneau, 

AK for an Injury Prevention Program .............................................. 250,000 

State of Alaska Department of Health and Social Services, Juneau, 

AK for an Obesity Prevention and Control program ...................... 500,000 

State of Alaska Department of Health and Social Services, Juneau, 

AK for tuberculosis detection and control ........................................ 500,000 

Stephen F. Austin State University, Nacogdoches, TX for anti-viral 

compound identification ..................................................................... 600,000 

Stone Soup Group, Anchorage, AK for services to disabled children 

and their families, focusing on FAS/FAE children .......................... 100,000 

Susan P. Byrnes Health Education Center, Inc., York, PA to address the National Obesity Epidemic among school children ........ 70,000 

Swope Health Services, Kansas City, MO for a Pediatric Screening 

and Intervention Project .................................................................... 1,000,000 

Tangipahoa Parish Mosquito Abatement District #1, Hammond, LA 100,000 

Telacu Education Foundation, CA, for a bilingual outreach program 

on diabetes .......................................................................................... 700,000 

Texas A&M University Texas Engineering Extension Service 

(TEEX), College Station, TX to develop a bioterrorism preparedness program ...................................................................................... 250,000 

The Cooper Institute, Dallas, TX to expand the Texas on the Move 

services ................................................................................................ 100,000 

Tioga County Partnership for Community Health, Wellsboro, PA 

for their anti-obesity community based after school health promotion program .................................................................................. 100,000 

Toledo Children’s Hospital, Toledo, OH for health promotion and 

risk prevention programs targeted to teenagers ............................. 50,000 

University of Alaska Statewide Office, Fairbanks, AK to continue 

to develop and implement its statewide health agenda .................. 1,000,000 

University of Connecticut, Storrs, CT to develop and implement 

strategies to reduce deaths, complications and hospitalizations 

resulting from respiratory illness among older adults .................... 350,000 

University of Findlay, Findlay, OH, for facilities and equipment for 

the Center for Terrorism Preparedness ........................................... 500,000 

University of Hawaii for the Public Health Program ......................... 100,000 

University of Kentucky, Lexington, KY for the Medication Use Decision Support Center for a program to improve medication-related outcomes .................................................................................... 1,000,000 

University of Louisville, Louisville, KY Chronic Disease Management Education Program in Cancer ................................................. 300,000 

University of Louisville, Louisville, KY for the Cancer 

Agripharmaceutical Institute ............................................................ 450,000 

University of Louisville, Louisville, KY for the Computational Biology Project in Oral Health ................................................................ 500,000 

1171 

University of Miami School of Medicine, Miami, FL, for culturally 

sensitive training on disasters in the Hispanic community ........... 600,000 

University of North Carolina at Chapel Hill, Chapel Hill, NC with 

East Carolina University, Greenville, NC for the Program in Racial Disparities in Cardiovascular Disease ...................................... 500,000 

University of North Carolina at Chapel Hill, for analysis of 

genomic data on racial disparities in cardiovascular disease ......... 225,000 

University of North Dakota Energy and Environmental Research 

Center for research into the health impact of pesticides ................ 500,000 

University of North Texas Health Science Center at Fort Worth, 

TX, for diabetes prevention and control ........................................... 800,000 

University of Northern Iowa for the National Program for Playground Safety ..................................................................................... 300,000 

University of Northern Iowa, Cedar Falls, IA to support youth fitness and obesity efforts in rural preschool children ....................... 235,000 

University of Notre Dame, Notre Dame, IN, for research in areas 

of acute care, disability, and rehabilitation at the Notre Dame 

Center for Orthopedic Research and Engineering ........................... 350,000 

University of Oklahoma Health Sciences Center, Oklahoma City, 

OK, to establish a developmental center for injury prevention research .................................................................................................. 100,000 

University of Pittsburgh Medical Center, Pittsburgh, PA for bioterrorism preparedness .......................................................................... 100,000 

University of Pittsburgh Medical Center, Pittsburgh, PA for the 

Pennsylvania Cancer Control Consortium and UPMC Cancer Pavilion, to develop a clinical research and clinical trials network 200,000 

University of Texas Health Science Center at San Antonio, San Antonio, TX, for Asthma Demonstration Project ................................. 1,750,000 

University of Texas Houston Health Science Center, School of Public Health, Brownsville, TX for studies regarding the health of 

the Hispanic population in the Lower Rio Grande Valley .............. 500,000 

University of Texas, Austin, Texas for the Bio-Chem initiative ........ 50,000 

University of Texas, M.D. Anderson Cancer Center, Houston, TX 

for a comprehensive cancer control program to address the needs 

of minority and medically underserved populations ....................... 500,000 

University of West Florida for the Partnership for Environmental 

Research and Community Health ..................................................... 200,000 

University of Wisconsin—Extension in Madison, WI for the Parent 

Education to Prevent Childhood Obesity program .......................... 150,000 

USA Stars Cultural Exchange and Diversity Training: Alcohol and 

Obesity Education Through Sport with Oklahoma Judo, OK ........ 125,000 

Vermont Oxford Network of Burlington, VT to expand neonatal 

health care quality and safety initiatives ........................................ 275,000 

Visiting Nurse Associations of America, Boston, MA for a home 

health care best practices clearinghouse .......................................... 200,000 

Vitiligo Support International, Inc., Encino, CA, for education and 

awareness programs .......................................................................... 200,000 

Washington Hospital, Washington, PA to implement their Health 

and Wellness Program ....................................................................... 25,000 

Wayne County Department of Public Health, Detroit, MI, for a Maternal Child Outreach, Coordination and Advocacy Program ........ 100,000 

West Jefferson Medical Center, Marrero, LA ...................................... 150,000 

West Side Ecumenical Ministry, Cleveland, OH for a youth health 

and wellness project addressing the problem of teenage obesity 140,000 

Wholistic Family Agape Ministries Institute, Alexandria, VA for 

HIV/AIDS education and prevention and related programs .......... 75,000 

Yale New Haven Health System, to establish a specialty center for 

public health preparedness ............................................................... 450,000 

YMCA of Bradford County, Towanda, PA, for fitness equipment ..... 25,000 

PREVENTIVE HEALTH SERVICES BLOCK GRANT

The conference agreement includes $131,814,000 for the Preventive Health Services Block Grant, the same as proposed by the 

Senate. The House bill included $108,516,000 for the block grant. 

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BUSINESS SERVICES SUPPORT

The conference agreement includes $281,226,000 for Business Services Support, instead of $286,013,000 as proposed by the 

House and $282,226,000 as proposed by the Senate. The agreement 

does not include an additional $33,953,000, to be derived from section 241 evaluation set-aside funds, as proposed by the House. 

The conferees concur with language in the Senate report regarding the Director’s authority to reallocate savings that result 

from efficiencies gained in business services support to the Director’s Discretionary Fund upon notification of the Committees on 

Appropriations in the House and Senate. 

The conferees request that the Director submit a report to the 

House and Senate Committees on Appropriations within 60 days of 

enactment showing, for fiscal years 2004 and 2005, the actual or 

planned division of funding between intramural and extramural 

programs for each budget activity and sub-activity. For those activities where funding is provided to state and local health departments through general cooperative agreements (such as many 

chronic disease programs, or tuberculosis or STD control), the report should also show the division of extramural funding between 

these cooperative agreements and other extramural programs. 

The conferees also request that CDC include no less detail 

than provided in past years in the Justification of Estimates for the 

Appropriations Committees accompanying the budget for fiscal 

year 2006, including the functional tables for each budget activity, 

the mechanism table by activity, and the crosswalks of funding between programs and CDC organizations. 

NATIONAL INSTITUTES OF HEALTH

NATIONAL CANCER INSTITUTE

The conference agreement includes $4,865,525,000 for the National Cancer Institute instead of $4,870,025,000 as proposed by 

the House and $4,894,900,000 as proposed by the Senate. 

NATIONAL HEART, LUNG AND BLOOD INSTITUTE

The conference agreement includes $2,965,453,000 for the National Heart, Lung and Blood Institute instead of $2,963,953,000 as 

proposed by the House and $2,985,900,000 as proposed by the Senate. 

NATIONAL INSTITUTE OF DENTAL AND CRANIOFACIAL RESEARCH

The conference agreement includes $395,080,000 for the National Institute of Dental and Craniofacial Research instead of 

$394,080,000 as proposed by the House and $399,200,000 as proposed by the Senate. 

NATIONAL INSTITUTE OF DIABETES AND DIGESTIVE AND KIDNEY

DISEASES

The conference agreement includes $1,727,696,000 for the National Institute of Diabetes and Digestive and Kidney Diseases instead of $1,726,196,000 as proposed by the House and 

$1,739,100,000 as proposed by the Senate. An amount of 

1173 

$150,000,000 is also available to the Institute through a permanent 

appropriation for juvenile diabetes. 

The conferees understand that study of Diamond Blackfan 

Anemia (DBA), may lead to important strides in research important to NIDDK, especially relating to red cell formation, gene therapy, mechanisms of iron overload and the development of treatment options for patients with iron overload. The conferees strongly encourage NIDDK to develop grant opportunities to support 

DBA research in these areas and to collaborate with NHLBI to develop appropriate research initiatives for DBA. 

NATIONAL INSTITUTE OF NEUROLOGICAL DISORDERS AND STROKE

The conference agreement includes $1,552,123,000 for the National Institute of Neurological Disorders and Stroke instead of 

$1,545,623,000 as proposed by the House and $1,569,100,000 as 

proposed by the Senate. 

The conferees support an effort currently underway at NIH to 

identify FDA-approved drugs with potential for treating 

amyotrophic lateral sclerosis (ALS), Huntington’s disease, and 

other neurodegenerative diseases. The conferees applaud the collaboration between the NINDS and private organizations on this 

drug screening project, and encourage NINDS to work with voluntary associations to expand the high throughput drug screening 

consortium sponsored by NINDS to include screens for compounds 

that ameliorate cellular changes in Duchenne muscular dystrophy. 

NATIONAL INSTITUTE OF ALLERGY AND INFECTIOUS DISEASES

(INCLUDING TRANSFER OF FUNDS)

The conference agreement includes $4,440,007,000 for the National Institute of Allergy and Infectious Diseases as proposed by 

the House instead of $4,456,300,000 as proposed by the Senate. 

The conference agreement includes bill language permitting the transfer of $100,000,000 to International Assistance Programs, 

Global Fund to Fight HIV/AIDS, Malaria, and Tuberculosis as proposed by the House instead of $149,115,000 as proposed by the 

Senate. 

The conferees are concerned about the high prevalence of food 

allergies, among children in particular, with up to eight percent affected. The conferees recognize that 30,000 individuals require 

emergency room treatment for food allergies each year, that 100 to 

200 individuals die each year from allergic reactions to food, and 

that there is currently no cure for food allergies. For this reason, 

NIAID is encouraged to invest in research into the causes of food 

allergies and its potential treatments. 

NATIONAL INSTITUTE OF GENERAL MEDICAL SCIENCES

The conference agreement includes $1,959,810,000 for the National Institute of General Medical Sciences as proposed by the 

House instead of $1,975,500,000 as proposed by the Senate. 

NATIONAL INSTITUTE OF CHILD HEALTH AND HUMAN DEVELOPMENT

The conference agreement includes $1,280,915,000 for the National Institute of Child Health and Human Development as proVerDate Aug 04 2004 07:33 Dec 01, 2004 Jkt 096906 PO 00000 Frm 01177 Fmt 6601 Sfmt 6601 E:\HR\OC\HR792.XXX HR792
1174 

posed by the House instead of $1,288,900,000 as proposed by the 

Senate. 

The conferees commend NICHD for its leadership of the agencies and groups that have joined together to develop the National 

Children’s Study. This group has made excellent progress in planning and preparing for the full implementation of the Study. Some 

projections indicate that the annual reductions in health care costs 

that are likely to be made possible by the Study’s results will be 

significantly larger than the total funding levels that will be required to conduct it. To assist in planning for the future needs of 

the study, the conferees request that, within 120 days of the final 

enactment of this appropriation, NICHD provide the most recent 

projections of the total and annual costs of the study. 

NATIONAL EYE INSTITUTE

The conference agreement includes $674,578,000 for the National Eye Institute instead of $671,578,000 as proposed by the 

House and $680,300,000 as proposed by the Senate. 

NATIONAL INSTITUTE OF ENVIRONMENTAL HEALTH SCIENCES

The conference agreement includes $650,027,000 for the National Institute of Environmental Health Sciences as proposed by 

the House instead of $655,100,000 as proposed by the Senate. 

NATIONAL INSTITUTE ON AGING

The conference agreement includes $1,060,666,000 for the National Institute on Aging instead of $1,055,666,000 as proposed by 

the House and $1,094,500,000 as proposed by the Senate. 

Of the nearly 35 million Americans age 65 and older, an estimated seven million suffer from a depressive illness or depressive 

symptoms. Depressive symptoms tend to be persistent and to interfere significantly with an individual’s ability to function. The conferees encourage NIA to expand research into treatment of mental 

illnesses in the elderly. The conferees further recommend that NIA 

expand its collaboration with NIMH as well as NINR on Alzheimer’s disease to include research related to identifying effective 

treatments for elderly persons who suffer from depression. 

NATIONAL INSTITUTE OF ARTHRITIS AND MUSCULOSKELETAL AND SKIN

DISEASES

The conference agreement includes $515,378,000 for the National Institute of Arthritis and Musculoskeletal and Skin Diseases 

as proposed by the House instead of $520,900,000 as proposed by 

the Senate. 

The conferees encourage NIAMS to coordinate with other Institutes to enhance research relevant to scoliosis and to identify biomechanical causes and genetic markers, develop prenatal and 

childhood detection testing and strategies to prevent the deformity. 

NATIONAL INSTITUTE ON DEAFNESS AND OTHER COMMUNICATION

DISORDERS

The conference agreement includes $397,507,000 for the National Institute on Deafness and Other Communication Disorders 

1175 

instead of $393,507,000 as proposed by the House and 

$399,000,000 as proposed by the Senate. 

NATIONAL INSTITUTE OF NURSING RESEARCH

The conference agreement includes $139,198,000 for the National Institute of Nursing Research as proposed by the House instead of $140,200,000 as proposed by the Senate. 

NATIONAL INSTITUTE ON ALCOHOL ABUSE AND ALCOHOLISM

The conference agreement includes $441,911,000 for the National Institute on Alcohol Abuse and Alcoholism as proposed by 

the House instead of $444,900,000 as proposed by the Senate. 

NATIONAL INSTITUTE ON DRUG ABUSE

The conference agreement includes $1,014,760,000 for the National Institute on Drug Abuse instead of $1,012,760,000 as proposed by the House and $1,026,200,000 as proposed by the Senate. 

The agreement does not include $6,300,000 in program evaluation 

funding as proposed by the House. The Senate bill did not include 

any program evaluation funding. 

NATIONAL INSTITUTE OF MENTAL HEALTH

The conference agreement includes $1,423,609,000 for the National Institute of Mental Health instead of $1,420,609,000 as proposed by the House and $1,436,800,000 as proposed by the Senate. 

NATIONAL HUMAN GENOME RESEARCH INSTITUTE

The conference agreement includes $492,670,000 for the National Human Genome Research Institute as proposed by the 

House instead of $496,400,000 as proposed by the Senate. 

NATIONAL INSTITUTE OF BIOMEDICAL IMAGING AND BIOENGINEERING

The conference agreement includes $300,647,000 for the National Institute of Biomedical Imaging and Bioengineering instead 

of $297,647,000 as proposed by the House and $300,800,000 as proposed by the Senate. 

NATIONAL CENTER FOR RESEARCH RESOURCES

The conference agreement includes $1,124,141,000 for the National Center for Research Resources instead of $1,094,141,000 as 

proposed by the House and $1,213,400,000 as proposed by the Senate. 

The conference agreement includes bill language to earmark 

$30,000,000 for extramural facilities construction grants instead of 

$119,220,000 as proposed by the Senate. The House did not provide 

funding for extramural facilities construction. 

NATIONAL CENTER FOR COMPLEMENTARY AND ALTERNATIVE

MEDICINE

The conference agreement includes $123,116,000 for the National Center for Complementary and Alternative Medicine instead 

1176 

of $121,116,000 as proposed by the House and $121,900,000 as proposed by the Senate. 

NATIONAL CENTER ON MINORITY HEALTH AND HEALTH DISPARITIES

The conference agreement includes $197,780,000 for the National Center on Minority Health and Health Disparities instead of 

$196,780,000 as proposed by the House and $197,900,000 as proposed by the Senate. 

JOHN E. FOGARTY INTERNATIONAL CENTER

The conference agreement includes $67,182,000 for the John E. 

Fogarty International Center as proposed by the House instead of 

$67,600,000 as proposed by the Senate. 

NATIONAL LIBRARY OF MEDICINE

The conference agreement provides $317,947,000 for the National Library of Medicine instead of $316,947,000 as provided by 

the House and $316,900,000 as provided by the Senate. In addition, 

$8,200,000 is provided from section 241 authority as proposed by 

both the House and Senate. 

OFFICE OF THE DIRECTOR

(INCLUDING TRANSFER OF FUNDS)

The conference agreement includes $361,145,000 for the Office 

of the Director instead of $359,645,000 as proposed by the House 

and $364,100,000 as proposed by the Senate. 

The conference agreement includes bill language providing up 

to $10,000,000 to be used for the flexible research authority as described in section 217 of the bill as proposed by the Senate instead 

of $7,500,000 as proposed by the House. 

The conference agreement includes a modification to House bill 

language that grants specific permission to NIH to fund a portion 

of the Roadmap Initiative through a uniform charge against the 

budgets of all Institutes and Centers. The conferees have deleted 

a specific dollar limit on such funding, in order to provide NIH 

with flexibility to adjust that amount in response to changing cost 

estimates and scientific needs. However, the agreement requires 

the Director to notify the Appropriations Committees before exceeding the original NIH Roadmap estimate of $176,800,000. The conferees have also added language to clarify that these provisions are 

not intended to limit the ability of Institutes and Centers to fund 

research related to the Roadmap Initiative out of their own budgets 

through their normal priority setting and scientific review processes. 

The conferees concur with the direction contained in the House 

report for NIH to notify the Appropriations Committees on a quarterly basis if the contributions from Institutes and Centers or allocation of funding by Roadmap initiative changes from what is presented in the congressional justification. 

The conference agreement includes bill language indicating 

that $10,000 of the funds provided may be used for official reception and representation expenses if specifically approved by the DiVerDate Aug 04 2004 07:33 Dec 01, 2004 Jkt 096906 PO 00000 Frm 01180 Fmt 6601 Sfmt 6601 E:\HR\OC\HR792.XXX HR792
1177 

rector. The Senate bill contained similar language as a general provision. The House bill did not contain similar language. 

The conferees concur with the concerns expressed in the Senate report about the disappointing precedent contained in the Administration request that would have used average cost assumptions inconsistent with NIH’s own Cost Management Plan. To the 

extent that resources allow, the conferees believe that NIH should 

follow its Cost Management Plan principles, which will help NIH 

continue to maintain the purchasing power of the research in 

which it invests. 

The conferees concur in the House report language indicating 

that the administration proposal to multi-year fund some or all 

NIH grants is not approved. The Senate did not have a similar provision. 

The conferees are aware of the draft NIH policy on increasing 

public access to NIH-funded research. Under this policy, NIH 

would request investigators to voluntarily submit electronically the 

final, peer reviewed author’s copy of their scientific manuscripts; 

six months after the publisher’s date of publication, NIH would 

make this copy publicly available through PubMed Central. The 

policy is intended to help ensure the permanent preservation of 

NIH-funded research and make it more readily accessible to scientists, physicians, and the public. The conferees note that the 

comment period for the draft policy ended November 16th; NIH is 

directed to give full and fair consideration to all comments before 

publishing its final policy. The conferees request NIH to provide 

the estimated costs of implementing this policy each year in its annual Justification of Estimates to the House and Senate Appropriations Committees. In addition, the conferees direct NIH to continue 

to work with the publishers of scientific journals to maintain the 

integrity of the peer review system. 

The conferees are aware that recent advances in multidisciplinary research combining biomaterials, cell biology, computer 

modeling, micro-machining and nanotechnology have made it possible to produce fully functioning replacement kidneys and liver tissue. The multidisciplinary tissue engineering research efforts have 

resulted in positive results to date in the development of a compact, wearable continuous kidney dialysis system that will greatly 

improve the lives of patients. The conferees encourage the Director 

of NIH to pursue research initiatives on the development of tissueengineered compact, wearable, continuous kidney dialysis and liver 

support systems. 

The conferees encourage NIAID, other Institutes within NIH 

and other appropriate Federal agencies to provide support for the 

study of Eosinophilia Myalgia Syndrome (EMS) and other immune 

mediated diseases that manifest symptoms like those of EMS. 

These systemic illnesses require new approaches, such as systems 

biology, to understand root causes of disease onset, to assess treatment options and to understand clinical and epidemiological aspects. EMS and EMS-like diseases have afflicted thousands, remain incurable, and continue to be difficult to diagnose. 

The conferees are aware that NIH has recently completed a 

Trans-NIH Liver Disease Research Action Plan and urge that steps 

be taken to ensure that its implementation begins in fiscal year 

1178 

2006. The conferees further request a report by March 1, 2005 to 

discuss the timeline and priorities for implementing the full plan. 

The conferees acknowledge the positive conclusions of the evidence-based review recently completed by the Office of Dietary 

Supplements on the potential benefits of omega-3 fatty acids in significantly lowering the risks of cardiovascular disease, especially 

coronary heart disease. The conferees urge NIH to undertake the 

design and planning of the recommended clinical trials needed to 

provide conclusive evidence regarding the potential of omega-3 

fatty acids in reducing cardiovascular morbidity and mortality in 

the general U.S. population. 

BUILDINGS AND FACILITIES

The conference agreement includes $111,177,000 for buildings 

and facilities instead of $99,500,000 as proposed by the House and 

$114,500,000 as proposed by the Senate. 

The conference agreement includes bill language granting full 

scope authority for the contracting of construction of the first and 

second phases of the John E. Porter Neurosciences Building as proposed by the Senate. The House did not have a similar provision. 

The agreement provides $14,700,000 to continue construction of the 

building. The Senate report provided $15,000,000 for this purpose. 

The conferees wish to recognize and honor former Congressman Joseph Daniel Early for his contribution to the National Institutes of Health. Mr. Early served in Congress from 1975 to 1993, 

and served on the House Labor, Health, and Human Services Appropriations Subcommittee. During his time on the Subcommittee, 

he tirelessly advocated on behalf of the NIH, and the importance 

of medical research. Even before this Subcommittee undertook bold 

efforts such as the recent doubling of NIH funding, Mr. Early was 

on the forefront of recognizing the critical role of the federal government in supporting medical research, and the significance of the 

work of the NIH. His efforts have undoubtably improved the health 

of many Americans. The conferees strongly urge the NIH to honor 

Mr. Early’s contribution to the NIH by designating one of the two 

outdoor courtyards in the Mark O. Hatfield Clinical Research Center as the ‘‘Joseph D. Early Plaza (or Courtyard)’’. The conferees 

hope that such a space will include a stone marker, plaque, or 

sculpture that would prominently pay tribute to Mr. Early’s contributions to the NIH. 

SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES ADMINISTRATION

SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES

The conference agreement includes $3,418,664,000 for substance abuse and mental health services, of which $3,295,361,000 

is provided through budget authority and $123,303,000 is provided 

through the evaluation set-aside. The House bill had proposed 

$3,391,663,000 for SAMHSA, of which $121,303,000 was from the 

evaluation set-aside and the Senate proposed $3,484,729,000, of 

which $123,303,000 was from the evaluation set-aside. The detailed 

table at the end of this joint statement reflects the activity distribution agreed to by the conferees. 

1179 

Within the total provided, the conference agreement includes 

funding at no less than the fiscal year 2004 level for activities 

throughout SAMHSA that are targeted to address the growing 

HIV/AIDS epidemic and its disparate impact on communities of 

color, including African Americans, Latinos, Native Americans, 

Asian Americans, Native Hawaiians, and Pacific Islanders. 

The conference agreement includes bill language identifying 

$23,107,000 for projects in the amounts specified in the statement 

of the managers on the conference report. 

CENTER FOR MENTAL HEALTH SERVICES

The conference agreement includes $276,646,000 for programs 

of regional and national significance instead of $257,420,000 as 

proposed by the House and $303,128,000 as proposed by the Senate. 

The conference agreement provides $20,000,000 for the State 

incentive grants for transformation as proposed by the House rather than $43,782,000 as proposed by the Senate. These competitive 

grants will support the development of comprehensive State mental 

health plans and improve the mental health services infrastructure. 

Within the total provided, the conference agreement provides 

$95,000,000 for counseling services for school-aged youth as proposed by the Senate. In addition, $3,000,000 is provided to support 

the national suicide prevention resource center and continued support is also provided for the suicide prevention hotline program at 

$3,070,000 as proposed by the Senate. 

The conference agreement includes $7,000,000 for grants and 

cooperative agreements to develop early intervention and prevention strategies, training and technical assistance to address the 

growing problem of youth suicide. 

The conference agreement provides $2,000,000, rather than 

$4,500,000 as proposed by the Senate, to make grants to local educational systems or non-profit entities in conjunction with local 

educational systems to further test the use and identify evidencebased practices for facilitating treatment for teenagers suffering 

from mental, emotional or behavioral disorders. The House did not 

propose funding for these grants. 

The conference agreement provides $2,000,000 to continue the 

current level of funding for the consumer and consumer-supported 

national technical assistance centers as proposed by the Senate. 

The conferees direct the center for mental health services to support multi-year grants to fund five such national technical assistance centers. 

The conference agreement provides $5,000,000 for the elderly 

treatment and outreach program as proposed by the Senate rather 

than $4,970,000 as proposed by the House. 

As proposed by the Senate, the conference agreement provides 

$7,000,000 for the jail diversion program instead of $6,959,000 as 

proposed by the House. 

The conference agreement includes $4,000,000 for the minority 

fellowship program rather than $5,320,000 as proposed by the 

House. 

1180 

The conferees include the following amounts for the following 

projects and activities in fiscal year 2005: 

AgriWellness, Inc. in Harlan, IA to support the Sowing the Seeds 

of Hope rural mental health project ................................................. $50,000 

Allegheny County, Pittsburgh, PA for adolescent mental health 

services ................................................................................................ 100,000 

Arc of Lackawanna County, Scranton, PA for mental health services ....................................................................................................... 100,000 

Center for Multicultural Human Services, Falls Church, VA for 

mental health and related services to at-risk immigrant and refugee families ....................................................................................... 100,000 

Children’s Aid and Family Services, Paramus, NJ to develop and 

implement a Clinical Excellence Institute to provide training for 

children’s services staff ...................................................................... 150,000 

Citizens Acting Together Can Help, Inc. (CATCH), Philadelphia, 

PA for mental health services ........................................................... 75,000 

City of Denver, CO Department of Health and Human Services for 

mental health services to homeless and at-risk youth .................... 250,000 

Community Counseling Center, Portland, ME for services for 

adults and children who have experienced emotional trauma ....... 300,000 

DeKalb Crisis Center, Decatur, GA for mobile mental health outreach, assessment and intervention services ................................... 150,000 

El Monte Police Department, El Monte, CA, for youth violence prevention ................................................................................................ 200,000 

Family Communications, Inc. in Pittsburgh, PA for the Managing 

Anger, Promoting Safety (MAPS) project with a focus on 

childcare settings in underserved communities in Mississippi ...... 100,000 

Family Communications, Pittsburgh, PA for an antiviolence program entitled the National Project Managing Anger, Promoting 

Safety .................................................................................................. 100,000 

Family Support Systems Unlimited, Inc., Bronx, NY for mental 

health services .................................................................................... 200,000 

Holy Family Institute, Pittsburgh, PA to expand mental health 

services ................................................................................................ 100,000 

Horizon Health Care in Howard, South Dakota for mental health 

services at the Community Health Center in Martin, South Dakota ...................................................................................................... 150,000 

Horizon House, Philadelphia, PA for mental health and substance 

abuse treatment services ................................................................... 75,000 

Illinois Collaboration on Youth/Youth Network Council, Chicago, IL 

to increase access to mental health services for young people involved in the juvenile justice system ................................................ 1,200,000 

Jewish Association for Residential Care, Farmington Hills, MI— 

mental health support services and long-term case management 

for adults with developmental disabilities ....................................... 425,000 

Keifer Mercy Health Center, Springfield, OH to provide Multisystemic Therapy in a school/home-based environment for high-risk 

youth ................................................................................................... 200,000 

Lane County, OR for mental health services for youth ...................... 225,000 

Mattie Rhodes Center, Kansas City, MO for mental health, family 

counseling and related services ........................................................ 250,000 

Mental Health Association of Tarrant County, Fort Worth, TX— 

School Mental Health Education Program ...................................... 200,000 

Middlecreek Area Community Center, Beaver Springs, PA for adolescent mental health programs ....................................................... 75,000 

National Center for Children Exposed to Violence, Yale University 

Child Study Center, New Haven, CT for training, technical assistance, consultation and other services relating to the effects of 

violence on children ........................................................................... 500,000 

Noah’s Ark—A Safe Place, Inc., for mental and emotional counseling for young men in several Pennsylvania counties ................. 150,000 

Northwestern Human Services, Lafayette Hill, PA to implement 

their ‘‘Building Bridges for Girls’’ Residential Program’’ ................ 150,000 

Ohel Children’s Home and Family Services, Brooklyn, NY for adult 

mental health services ....................................................................... 300,000 

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Ohio Department of Mental Health, Columbus, OH—Ohio Mental 

Health Network for School Success .................................................. 250,000 

Oklahoma Department of Mental Health and Substance Abuse 

Services, Oklahoma City for implementation of a cross-training 

initiative for mental health, substance abuse and domestic violence professionals ............................................................................. 200,000 

Oregon Partnership, Portland, OR to implement the Oregon Youth 

Suicide Prevention Program .............................................................. 100,000 

Pacific Clinics, Arcadia, CA for mental health and suicide prevention programs for Latina youth ......................................................... 500,000 

Pennsylvania Psychological Association, Harrisburg, PA for a mental health/primary care collaborative care project directed by the 

Geisinger Health System ................................................................... 25,000 

Potter County Human Services, Roulette, PA to continue and enhance Yellow Ribbon youth suicide prevention efforts begun in 

2003 and continued in 2004, in the rural community ..................... 100,000 

Saint Boniface Neighborhood Outreach Program, Inc., Louisville, 

KY, for Phases II and III of a prisoner re-entry program .............. 100,000 

San Diego Lesbian, Gay, Bisexual and Transgender Community 

Center, San Diego, CA for mental health services .......................... 80,000 

San Francisco Department of Public Health, San Francisco, CA for 

mental health and substance abuse services for homeless persons 

in supportive housing ........................................................................ 1,500,000 

Screening for Mental Health, Inc., Loveland, OH for the SOS High 

School Suicide Prevention Program .................................................. 100,000 

Senior Community Centers, San Diego, CA for mental health and 

related services in their supportive housing program .................... 100,000 

State of Alaska Department of Health and Social Services, Division 

of Behavioral Health, Juneau, AK for the Targeted Gatekeeper 

Suicide Prevention Training and Public Education Program ......... 250,000 

Tanana Chiefs Conference, in partnership with Fairbanks Native 

Association and the University of Alaska/Fairbanks, to treat behavioral health problems of children throughout Interior Alaska 750,000 

Task Force on Family Violence of Milwaukee, Inc in Milwaukee, 

WI to provide mental health services for children who have experienced or witnessed domestic violence ............................................ 70,000 

United Way of Anchorage, AK for its 211 Project to develop an integrated system of resources for people with substance abuse, 

mental illness and homelessness ...................................................... 600,000 

University of South Florida, Louis de la Parte Florida Mental 

Health Institute, Tampa, FL to close the knowledge/practice gap 

in mental health and substance abuse programs ............................ 500,000 

Ventura County Probation Agency, Ventura, CA for the Emotionally Challenged Juvenile Offender Intervention Program .............. 300,000 

Wisconsin Department of Agriculture, Trade and Consumer Protection in Madison, WI for the Sowing the Seeds of Hope rural mental health project ................................................................................ 50,000 

YWCA of Carlisle, Carlisle, PA to provide sexual assault counseling 25,000 

The conference agreement includes $436,070,000 for the mental health block grant, which includes $21,803,000 from the evaluation set-aside, the same numbers as proposed by both the House 

and the Senate. 

The conference agreement includes $34,620,000 for the protection and advocacy for individuals with mental illness program as 

proposed by the Senate instead of $36,000,000 as proposed by the 

House. The conferees intend that technical assistance be provided 

through a competitive multiyear grant with a national nonprofit organization that has the demonstrated capacity to carry out these 

activities. The conferees intend that the technical assistance be responsive to requests from the protection and advocacy network, 

based on the identified needs of individuals with mental illness and 

do not intend that technical assistance funds be used for administrative responsibilities of the agency administering the programs. 

1182 

CENTER FOR SUBSTANCE ABUSE TREATMENT

The conference agreement includes $425,946,000 for programs 

of regional and national significance, which includes $4,300,000 

from the evaluation set-aside, instead of $419,219,000 as proposed 

by the House and $424,017,000 as proposed by the Senate. Both 

the House and Senate bills included the evaluation set-aside at 

$4,300,000. 

Within funds provided, $100,000,000 is for the access to recovery program as proposed by both the House and the Senate. The 

conferees expect that addictive disorder clinical treatment providers participating in the access to recovery program, as well as 

their respective staff, shall meet the certification, accreditation, 

and/or licensing standards recognized in their respective States. 

The conference agreement provides $10,000,000 for treatment 

programs for pregnant, postpartum and residential women and 

their children as proposed by the Senate. Within these funds, no 

less than last year’s level shall be used for the residential treatment program for pregnant and postpartum women, authorized 

under section 508 of the Public Health Service Act. 

The conferees include the following amounts for the following 

projects and activities in fiscal year 2005: 

Akeela, Inc., in Anchorage, AK to continue its Re-Entry Program 

for newly released prisoners with substance abuse problems ........ $200,000 

Augsburg College, Minneapolis, MN for the StepUP Program to assist students in recovery from chemical dependency ...................... 200,000 

Baltimore City, MD for drug treatment services ................................ 250,000 

City of Jackson, TN for substance abuse prevention and treatment 

services ................................................................................................ 240,000 

City of Wrangell in Wrangell, AK for its Avenues Program to provide comprehensive substance abuse treatment ............................. 100,000 

Community Rehabilitation Center, Jacksonville, FL for services for 

people with co-occurring mental health and substance abuse disorders .................................................................................................. 300,000 

Cook Inlet Council on Alcohol and Drug Abuse in Kenai, Alaska for 

treatment of women and children with substance abuse problems 

on the Kenai Peninsula ..................................................................... 200,000 

Cullman Area Mental Health, Cullman, AL, for a substance abuse 

program ............................................................................................... 20,000 

Doe Fund, Inc., Philadelphia, PA to provide substance abuse treatment services ...................................................................................... 100,000 

Fairbanks Memorial Hospital, Alaska for the Fairbanks Community Initiative for Chronic Inebriates ............................................... 500,000 

Fairbanks Native Association in Fairbanks, AK for treatment programs at the Ralph Perdue Center ................................................... 500,000 

Fenway Community Health Center, Boston, MA, to provide services to low-income HIV and AIDS patients ...................................... 150,000 

Fighting Back Partnership, Vallejo, CA for an intervention, treatment and aftercare program for students identified with drug 

and alcohol use ................................................................................... 250,000 

Florida Certification Board, Tallahassee, FL—Florida Center for 

Prevention Workforce Development ................................................. 400,000 

Gavin Foundation, South Boston, MA for substance abuse treatment services at its Cushing House facility for adolescents .......... 300,000 

Hitchcock Center for Women, Cleveland, OH for substance abuse 

treatment and related services ......................................................... 100,000 

Jefferson County Medical Society Outreach Program, Inc., (The 

Healing Place) Louisville, KY—Women’s Recovery Program ......... 200,000 

Mental Health Systems, Inc., Family Recovery Center, Oceanside, 

CA, to enhance and expand substance abuse treatment services 

for women at-risk for HIV ................................................................. 50,000 

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Mountain Lakes Behavioral Healthcare, Guntersville, AL for co-occurring disorder treatment ................................................................ 20,000 

ODAAT, Inc., Philadelphia, PA to expand mental and behavioral 

health services to disadvantaged drug addicted populations ......... 200,000 

Ramsey County, MN, for the All Children Excel Program ................ 667,000 

Saint Barnabus on the Lake Drug and Alcohol Rehab Center, Erie, 

PA to implement a faith-based drug and alcohol rehabilitation 

program for males 18 and older. ....................................................... 25,000 

Salvation Army of Anchorage to support detox programs at the 

Clitheroe Center in Anchorage, AK .................................................. 500,000 

SBH Community Services, Brooklyn, NY, for an Addictive Behavior/Family Preservation Program ..................................................... 100,000 

South Dakota Division of Alcohol and Drug Abuse, Pierre, SD for 

treatment services for methamphetamine addiction and co-occurring mental health and substance abuse disorders ......................... 700,000 

Teen Challenge of Rehrersburg, PA to establish a transitional rehabilitation program for recovering drug and alcohol addicts ....... 100,000 

WestCare Kentucky, Inc., Pikesville, KY for a comprehensive substance abuse treatment service system pending receipt of state licensure ................................................................................................ 750,000 

Wyoming Substance Abuse Treatment and Recovery Center, Sheridan, WY to expand residential treatment services ......................... 1,100,000 

The conference agreement includes $1,789,235,000 for the substance abuse prevention and treatment block grant, of which 

$1,710,035,000 is budget authority and $79,200,000 is provided 

through evaluation set-aside. These are the same numbers as proposed by the House. The Senate bill had proposed $1,832,235,000 

with the same evaluation set-aside. 

CENTER FOR SUBSTANCE ABUSE PREVENTION

The conference agreement includes $200,428,000 for programs 

of regional and national significance instead of $200,000,000 as 

proposed by the House and $198,940,000 as proposed by the Senate. 

Included in the conference agreement is $10,000,000 for fetal 

alcohol syndrome/fetal alcohol effect (FAS/FAE) prevention and 

treatment programs, with an emphasis on teenage mothers instead 

of $11,000,000 as proposed by the Senate. 

The conferees expect States receiving funding under the strategic prevention framework State incentive grant to give priority in 

the use of the 20 percent prevention set-aside in the substance 

abuse prevention and treatment block grant to funding the specific 

priorities in the comprehensive community strategies developed by 

the communities in their States. 

The conferees include the following amounts for the following 

projects and activities in fiscal year 2005: 

ALERT Partnership, Allentown, PA for a substance abuse prevention program ....................................................................................... $25,000 

Alliance for Consumer Education (ACE), in cooperation with the 

Pennsylvania School Counselors Association, to provide parents 

and counselors with prevention information about inhalant abuse 100,000 

Boys and Girls Club of Erie, Erie, PA to implement the SMART 

Moves prevention program ................................................................ 50,000 

C.B. Johnson Campaign for a Drug Free Westside, Chicago, IL for 

substance abuse prevention and treatment services ....................... 340,000 

Centre County, PA, to implement, in coordination with Clinton 

County, educational programming targeting the prevention of 

drug use by students .......................................................................... 200,000 

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Clinton County Communities That Care, Lock Haven, PA for a prevention program to identify and reduce risk factors leading to juvenile delinquency .............................................................................. 100,000 

CODAC Behavioral Healthcare, Cranston, RI to reduce substance 

abuse and violence with troubled students ...................................... 100,000 

Community Health Center on the Big Island of Hawaii for Youth 

Anti-Drug Program ............................................................................ 250,000 

Community Prevention Partnership of Berks County, Reading, PA 

to implement the Grandparents Raising Resilient Youth program 25,000 

Community Services for Children, Allentown, PA for a substance 

abuse prevention program ................................................................. 100,000 

Corporate Alliance for Drug Education, Bala Cynwyd, PA for an elementary school-based prevention program to teach children to 

reject substance abuse and violence while helping them to identify positive alternatives to harmful situations ............................... 250,000 

Drug Free Pennsylvania, Harrisburg, PA to implement a drug-free 

workplace training program .............................................................. 50,000 

Institute for Research, Education & Training in Addictions 

(IRETA), Pittsburgh, PA to implement substance abuse prevention programs ..................................................................................... 200,000 

Institute for the Study and Practice of Nonviolence, Providence, RI 

for the Streetworkers Program to reduce youth substance abuse 

and violence ........................................................................................ 100,000 

Life Haven, Inc., New Haven, CT for services to promote resilience 

for homeless and other at-risk children ........................................... 200,000 

NAIVE Program, Langhorne, PA, to provide drug prevention programs for students and teachers ...................................................... 25,000 

Ohio Association of Alcoholism and Drug Abuse Counselors, Worthington, OH—expansion of the Ohio Alcohol and Other Drug 

Workforce Resource Center ............................................................... 100,000 

South Boston Community Health Center, South Boston, MA for 

substance abuse prevention services ................................................ 340,000 

Strength Incorporated, Wilkinsburg, PA, for a drug and alcohol 

prevention program that provides individuals with life skills ....... 100,000 

Sunshine Center, Port Jefferson Station, NY for substance abuse 

and violence prevention services for children and families ............ 100,000 

Susan P. Byrnes Health Education Center, Inc., York, PA, for a tobacco education program in schools and community organizations 230,000 

University of South Dakota School of Medicine Center for Disabilities in Sioux Falls, South Dakota to continue the work of the 

Consortium on Fetal Alcohol Syndrome ........................................... 350,000 

Warren County Department of Human Services, Warren, PA for 

outreach and training for substance abuse prevention programs 25,000 

Youth in Action, Providence, RI for a teen substance abuse reduction program ....................................................................................... 50,000 

PROGRAM MANAGEMENT

The conference agreement includes $94,455,000 for program 

management, of which $18,000,000 is provided through the evaluation set-aside, the same as proposed by the Senate. The House bill 

had proposed $92,455,000 with a $16,000,000 evaluation set-aside. 

Within the total, $2,000,000 is included, as proposed by the 

Senate, to establish surveillance measures to address the mental 

and behavioral health needs of the population of the United States. 

The House did not include funding for this program. 

AGENCY FOR HEALTHCARE RESEARCH AND QUALITY

HEALTHCARE RESEARCH AND QUALITY

The conference agreement includes $318,695,000 as proposed 

by the Senate instead of $303,695,000 as proposed by the House. 

The agreement makes these funds available through the policy 

evaluation set-aside, as proposed by both House and Senate. 

1185 

The conferees provide $15,000,000 within this total for clinical 

effectiveness research as proposed by the Senate. The House did 

not have a similar provision. 

The conferees are aware of the use of home health monitoring 

devices that guide patients and their physicians in managing 

chronic diseases, thereby avoiding rehospitalization and emergency 

room visits. The conferees encourage AHRQ to study the effectiveness of programs using these devices with patients suffering from 

chronic illnesses, compare monitored patients with non-monitored 

patients taking into account the number of hospitalizations, and 

quantify any overall cost reductions resulting from these programs. 

CENTERS FOR MEDICARE AND MEDICAID SERVICES

PROGRAM MANAGEMENT

The conference agreement includes $2,696,402,000 for program management instead of $2,746,253,000 as proposed by the House 

and $2,756,644,000 as proposed by the Senate. An additional appropriation of $720,000,000 has been provided for the Medicare Integrity Program through the Health Insurance Portability and Accountability Act of 1996. The conference agreement does not include language included in the House bill that would have reduced 

Program Management by a total of $12,500,000. 

The conference agreement includes $78,119,000 for research, 

demonstration, and evaluation instead of $68,400,000 as proposed 

by the House and $77,791,000 as proposed by the Senate. Within 

the total provided, the conference agreement provides $40,000,000 

for Real Choice Systems Change Grants to States. 

The conferees are pleased with the demonstration project at 

participating sites licensed by the Program for Reversing Heart 

Disease and encourage its continuation. The conferees further urge 

CMS to continue the demonstration project being conducted at the 

Mind Body Institute of Boston, Massachusetts. The conferees urge 

CMS to continue its research activities targeted towards ensuring 

culturally sensitive health care for American Samoans. 

The agreement includes bill language for the following projects 

and activities for fiscal year 2005: 

Advocate Metro Outreach Initiative, Oak Brook, to implement an 

initiative to provide comprehensive health education and services 

to the deaf and hard-of-hearing community .................................... $100,000 

African American Interdenominational Ministries, Inc., Philadelphia, PA to implement an insurance outreach program ................. 150,000 

AIDS Healthcare Foundation, Los Angeles, CA for a demonstration 

of residential and outpatient treatment facilities ........................... 1,900,000 

Bronx-Lebanon Hospital Center, Bronx, NY for a comprehensive 

adolescent and young adult health program to demonstrate 

means of improving health care and preventive services for underserved inner city teenagers and young adults ............................ 450,000 

Children’s Institute for Palliative Care, Children’s Hospitals and 

Clinics, Minneapolis, MN for a pediatric palliative care demonstration program ............................................................................ 300,000 

City of Detroit, MI for a project to improve access to primary care 

and preventive health services for low-income and uninsured persons ...................................................................................................... 600,000 

Community Catalyst, Inc., Boston, MA, for the expansion of a benefits management program ................................................................. 100,000 

Cook County Bureau of Health Services in Chicago, IL for the Antibiotic Resistance Program ................................................................. 150,000 

1186 

Donald R. Watkins Memorial Foundation, Houston, TX, for a comprehensive HIV/AIDS treatment and research demonstration 

program ............................................................................................... 340,000 

Focus on Therapeutic Outcomes, Inc., Knoxville, TN ......................... 100,000 

Hamot Medical Center, Erie, PA and the Ohio Health System, Columbus, OH to implement a demonstration project on the Medicare Advantage program ................................................................... 250,000 

HealthRight, Inc., Philadelphia, PA for their Care Access Program 25,000 

Inglis Foundation, Philadelphia, PA for healthcare and social services for low-income adults with severe physical disabilities in an 

effort to promote independent living ................................................ 75,000 

Medical Care for Children Partnership, Fairfax, VA for access to 

specialty health care for children who have serious medical needs 50,000 

Memphis Biotech Foundation in Memphis, Tennessee to develop a 

biologistics network in Mississippi and Tennessee ......................... 500,000 

Muskegon Community Health Project, Muskegon, MI for the Access Health Program .......................................................................... 225,000 

Our House of Portland, Portland, OR, to develop a Care Program 

for people living with AIDS ............................................................... 30,000 

Pace Vermont, Burlington, VT, for the Rural Program for All-inclusive Care for the Elderly ................................................................... 750,000 

Patient Advocate Foundation, Newport News, Virginia, to assist 

the PAF in serving patients experiencing difficulty accessing 

quality health care services ............................................................... 150,000 

Puerto Rico’s Governor’s Office of Elderly Affairs for the Medication 

Error Prevention Pilot Program ........................................................ 450,000 

San Francisco Department of Public Health, San Francisco, CA for 

a demonstration project to improve HIV/AIDS treatment and 

prevention services ............................................................................. 1,500,000 

Santa Clara County, CA for outreach and enrollment assistance activities of the Children’s Health Initiative ....................................... 300,000 

Susquehanna Health System, Williamsport, PA for stabilizing 

workforce for patient care ................................................................. 500,000 

Swope Health Services, Kansas City, MO to supplement recurring 

healthcare costs for underemployed, uninsured, and incomequalified patients in Wyandotte and Johnson Counties, KS .......... 500,000 

Temple University, Crime and Justice Research Center, Philadelphia, PA for DNA backlog and utilization ....................................... 100,000 

University of Maine, Partnership for Early Childhood Health & 

Services ............................................................................................... 250,000 

The conference agreement includes $1,746,879,000 for Medicare operations instead of $1,796,879,000 as proposed by the Senate and $1,793,879,000 as proposed by the House. The conference 

agreement does not include the $155,000,000 reduction to Medicare 

operations included in general provision 217 of the House bill. 

The conference agreement includes bill language identifying 

not less than $79,000,000 for processing Medicare appeals. The 

House and Senate bills had similar language, which also provided 

for a transfer of $50,000,000 to the Social Security Administration 

for processing appeals. The conference agreement provides the 

funding for SSA through the General Departmental Management 

account. 

The conference agreement includes bill language proposed by 

the Senate making up to an additional $18,000,000 available to 

CMS for Medicare claims processing if unit costs of claims exceed 

particular thresholds. The House bill did not contain similar language. 

The conference agreement provides $3,000,000 within Medicare 

operations to support Benefit Improvement and Protection Act of 

2000 (BIPA) section 522 activities, as proposed by the Senate. The 

1187 

House proposed that these activities be supported through Federal 

administration. 

The conferees concur with language in the Senate report regarding funding for the State health insurance counseling program. 

The House report did not have similar language. The conference agreement provides $586,182,000 for Federal administration instead of $589,182,000 as proposed by the House 

and $587,182,000 as proposed by the Senate. 

The conference agreement includes bill language making funds 

available for the Healthy Start, Grow Smart program. The Senate 

had proposed similar bill language; the House report contained 

similar language. The conference agreement does not provide $1,000,000 for an 

Institute of Medicine study of the Medicare 75 percent rule as proposed by the Senate. The House did not have a similar provision. 

The conferees are aware that the funding provided by section 

508 of the Medicare Modernization Act was inadequate to fully 

fund all of the hospitals that qualified for reclassification under 

this section. The conferees are concerned that inadequate funding 

under this provision has adversely affected patient access to care. 

Therefore, the conferees request that CMS submit a report with the 

following information: the number of hospitals that qualified for 

funding under section 508; the number of hospitals that qualified 

but received no funding under this provision; and a cost estimate, 

by year, of the amount needed to fully fund these hospitals over the 

next three years. The conferees request that this report be submitted to the Senate and House Appropriations Committees no 

later than 90 days after enactment of this Act. 

The conferees are concerned that phase-in of Medicare Part D 

may result in significant increases in out-of-pocket costs to Medicare enrollees with HIV/AIDS who now rely on Medicaid for their 

prescription medications, as well as to the state AIDS Drug Assistance Programs (ADAP). The inability of enrollees with chronic and 

costly medical conditions such as HIV/AIDS to pay such increased 

expenses and the inability for the ADAPs to meet increased costs 

may harm the public health. The conferees request CMS to report 

within 160 days the potential impact to dual-eligibles as well as to 

outline measures it will take to protect the public health. 

The conferees are aware of changes being developed by CMS 

to alter the Medicare coverage policy for power mobility devices 

and strongly encourage CMS to use its resources to develop a coverage policy firmly based on a functional standard of nonambulatory. The conferees support controlling fraud and abuse 

through requiring the proper substantiation of medical need without narrowing the definition of ‘‘nonambulatory’’ to exclude beneficiaries who have a medical need for it. The conferees have heard 

from beneficiaries organizations’ that the ‘‘in the home’’ rule often 

denies beneficiaries access to medically necessary wheelchairs they 

need to move about their home, community and in some instances, 

to return to work. The conferees would like CMS’ views on what 

steps can be taken to modify this rule in a manner that enhances 

the independence of beneficiaries with disabilities of all ages, while 

being cost effective and providing for effective safeguards against 

fraud and abuse. Finally, the conferees believe that the medically 

1188 

necessary application of this benefit can save Medicare money 

through avoiding expensive institutional care or hospitalization resulting from falls by the growing elderly population and beneficiaries with disabilities under age 65. 

The conferees recognize the Hawaii Health Systems Corporation’s success in responding to the healthcare needs of the State of 

Hawaii. The conferees encourage CMS to recognize the special consideration a unique island state requires when calculating population density requirements. 

The conferees encourage CMS to exclude blood clotting factors 

from the definition of ‘‘competitively biddable drugs and biologicals’’ 

in section 1847A(a)(2)(A) of the Social Security Act. Individuals 

with hemophilia and other bleeding disorders are dependent upon 

lifesaving blood clotting factors and need unfettered access to sustain life. 

The conferees encourage CMS to provide technical assistance 

to the Commonwealth of Puerto Rico to help it to compete successfully for Real Choice Systems Change grants. 

To build on the Department of Labor Office of Disability Employment Policy’s (ODEP) efforts to increase telework opportunities 

in the federal government, the conferees direct that $1,000,000 be 

transferred from ODEP to the Centers for Medicare and Medicaid 

Services (CMS) to build on a previous pilot between ODEP and 

CMS. 

The conferees are pleased that CMS has piloted the performance of CMS call center work by individuals with severe disabilities 

working from home-based workstations. This model has the potential to be expanded within CMS and replicated outside of CMS by 

government agencies and others interested in following CMS’s lead. 

The conference agreement provides such transfer to expand 

and refine the existing CMS model in conjunction with National 

Telecommuting Institute, Inc., as well as disseminate information 

about this telework model to other agencies. 

ADMINISTRATION FOR CHILDREN AND FAMILIES

PAYMENTS TO STATES FOR CHILD SUPPORT ENFORCEMENT AND

FAMILY SUPPORT PROGRAMS

The conference agreement provides $2,873,802,000 for payments to States for child support enforcement and family support 

programs, the same as both the House and Senate. 

LOW-INCOME HOME ENERGY ASSISTANCE

The conference agreement provides $2,200,000,000 for low-income home energy assistance rather than $2,249,000,000 as proposed by the House and $2,000,500,000 as proposed by the Senate. 

Of the amount provided $1,900,000,000 is provided for formula 

grants to States. The House bill had proposed $1,911,000,000 for 

State formula grants and the Senate bill proposed $1,901,090,000. 

Within the funds available, $27,500,000 is included for the 

leveraging incentive fund as proposed by the Senate. 

The conference agreement includes $300,000,000 for the emergency fund to meet the additional home energy assistance needs 

arising from a natural disaster or other emergency pursuant to secVerDate Aug 04 2004 07:33 Dec 01, 2004 Jkt 096906 PO 00000 Frm 01192 Fmt 6601 Sfmt 6601 E:\HR\OC\HR792.XXX HR792
1189 

tion 402 of S. Con. Res. 95 (108th Congress), as made applicable 

to the House by H. Res. 649 (108th Congress) and applicable to the 

Senate by section 14007 of Public Law 108–287. The House bill 

proposed $100,000,000 and the Senate bill proposed $99,410,000 for 

the contingent emergency fund, but neither bill designated funds as 

an emergency. 

The conference agreement does not include funding for the Department of Energy’s weatherization assistance program in this 

title. The House bill proposed $238,000,000 for this program while 

the Senate bill included funding for this program in the Interior 

and Related Agencies Appropriations bill. Funding for this program 

is provided in Division J. 

REFUGEE AND ENTRANT ASSISTANCE

The conference agreement includes $488,336,000 for the refugee and entrant assistance programs rather than $491,336,000 as 

proposed by the House and $477,239,000 as proposed by the Senate. The detailed table at the end of this joint statement reflects 

the activity distribution agreed to by the conferees. 

The conference agreement provides $166,218,000 for social 

services, the same level as proposed in the House bill. The Senate 

had proposed $155,121,000 for this program. Within the funds provided, the conference agreement includes $19,000,000 as outlined 

in the House report. The conferees intend that funds provided 

above the request for social services shall be used for refugee school 

impact grants and for additional assistance in resettling and meeting the needs of the Hmong and Somali Bantu refugees expected 

to arrive during 2004 and 2005. The conferees also urge the Office 

of Refugee Resettlement to continue supporting discretionary grant 

activities, such as the individual development accounts, community 

service employment, and elderly refugee programs, to the extent 

they have been successful in integrating refugees into society and 

promoting their self sufficiency. 

The conference agreement provides $54,229,000 for the unaccompanied minors program, the same level as proposed by both the 

House and Senate. The conferees intend that the funds provided by 

this appropriation be used, in part, to increase the number of field 

coordinators in the program and to ensure increased capacity at 

the field level for the assessment of placements and family reunification and to continue improvements in the provision of healthcare, 

including mental health care, to children in the program. 

The conference agreement provides $10,000,000 for the victims 

of torture program as proposed by the Senate. The House bill had 

included $13,000,000 for this program. 

PAYMENTS TO STATES FOR THE CHILD CARE AND DEVELOPMENT

BLOCK GRANT

The conference agreement includes $2,099,729,000 for the child 

care and development block grant, the same level as both the 

House and Senate bills. Included in the bill is $10,000,000 within 

the total funds provided, for child care research, demonstration, 

and evaluation activities as proposed by the Senate. The House bill 

had included $9,864,000 for these activities. 

1190 

SOCIAL SERVICES BLOCK GRANT

The conference agreement provides $1,700,000,000 for the social services block grant, the same level as proposed in both the 

House and Senate bills. The conference agreement provides 10 percent transfer authority from the temporary assistance for needy 

families program (TANF) to the social services block grant as proposed by the Senate. The House bill had proposed 4.5 percent 

transferability. 

CHILDREN AND FAMILIES SERVICES PROGRAMS

The conference agreement includes $9,080,353,000 for children 

and families services programs, of which $10,500,000 is provided 

through the evaluation set-aside. The House bill proposed 

$8,996,145,000 for these programs with $10,482,000 from the evaluation set-aside and the Senate proposed $9,104,646,000 with 

$10,500,000 from the evaluation set-aside. The detailed table at the 

end of this joint statement reflects the activity distribution agreed 

to by the conferees. 

Head Start 

The conference agreement includes $6,898,580,000 for Head 

Start as proposed by the House instead of $6,935,452,000 as proposed by the Senate. The agreement includes $1,400,000,000 in advance funding, the same level as proposed by both the House and 

Senate. 

The conference agreement also includes, as a general provision, 

a limitation against the use of funds for Head Start to pay the compensation of an individual, either as direct costs or any proration 

as an indirect cost, at a rate in excess of Executive Level II, as proposed by the House. 

Consolidated Runaway and Homeless Youth Program 

The conference agreement includes $89,447,000 for the consolidated runaway and homeless youth program, the same level as proposed by the House, rather than $95,000,000 as proposed by the 

Senate. 

Prevention Grants to Reduce Abuse of Runaway Youth 

The conference agreement includes $15,302,000 for prevention 

grants to reduce abuse of runaway youth as proposed by the House. 

The Senate bill had proposed $15,802,000 for these grants. 

Child Abuse State Grants and Discretionary Activities 

The conference agreement includes $27,500,000 for child abuse 

State grants as proposed by the Senate instead of $28,484,000 as 

proposed by the House. 

The conference agreement includes $31,912,000 for child abuse 

discretionary programs instead of $26,266,000 as proposed by the 

House and $34,386,000 as proposed by the Senate. Within the 

funds provided for child abuse discretionary activities, the agreement includes the following items: 

1191 

AGAPE of Central Alabama, Inc., Montgomery, AL, to recruit and 

train families to foster at-risk children and to expand education 

and intervention services to pregnant women in crisis .................. $25,000 

Alameda County Social Services Agency, Oakland, CA for the Another Road to Safety early intervention and prevention program 650,000 

Catholic Community Services of Juneau, AK to continue operations 

at its Family Resource Center for child abuse prevention and 

treatment ............................................................................................ 400,000 

Children’s Home & Aid Society of Illinois, Chicago, IL—Child 

Abuse Prevention Project .................................................................. 171,000 

Children’s Hospital Foundation, Columbus, OH for the Center for 

Child and Family Advocacy ............................................................... 400,000 

Children’s Resource Center, Harrisburg, PA for training, education 

and services related to child abuse prevention and treatment ...... 100,000 

Columbus Children’s Hospital Center for Child and Family Advocacy, Columbus, OH, for expansion and research ........................... 450,000 

Crisis Shelter of Lawrence County, New Castle, PA for anti-domestic violence program ........................................................................... 100,000 

Domestic Violence HELP, Pittsburgh, PA, to undertake a study of 

the prevalence and incidence of domestic violence in select clinic 

populations in Western PA ................................................................ 100,000 

Family Violence Prevention Fund, San Francisco, CA for family violence prevention programs for children, youth and young families through its International Center to End Violence .................... 500,000 

Forrest County and Youth Court, Hattiesburg, MS to improve child 

welfare outcomes for infants and toddlers ....................................... 100,000 

James Whitcomb Riley Hospital for Children, Indianapolis, IN, for 

the Child Abuse Program .................................................................. 25,000 

Jefferson County Colorado, Golden, CO to re-engineer its child welfare system ......................................................................................... 200,000 

Lake Erie Research Institute, Inc., (LERI) Girard, PA for their 

Child Abuse Prevention program ...................................................... 25,000 

Missouri Bootheel Regional Consortium, Inc., Sikeston, MO, for the 

Fatherhood First project .................................................................... 400,000 

Northern Virginia Family Service, Oakton, VA, for the Healthy 

Families Fairfax program .................................................................. 75,000 

State of Alaska Department of Health and Social Services, Office 

of Children’s Services to continue its Healthy Families Alaska 

home visitation program .................................................................... 1,750,000 

Stop It Now!, Philadelphia, PA to expand their public education 

campaign on child abuse ................................................................... 25,000 

Synergy Services, Inc., Parkville, MO, to expand treatment for children suffering from Attachment Disorders caused by neglect, 

child abuse, post traumatic stress disorder and secondary trauma 

associated with domestic violence, household disruption, and distant parenting .................................................................................... 100,000 

YMCA Youth and Family Services, San Diego, CA, to provide safe 

shelter and supportive services to young homeless women ............ 50,000 

Abandoned Infants Assistance 

The conference agreement provides $12,052,000 for the abandoned infants assistance program, the same level as proposed by 

the Senate. The House bill had proposed $12,086,000 for this program. 

Adoption Awareness 

The conference agreement includes $12,906,000 for the adoption awareness program as proposed by both the House and the 

Senate. Within the funds provided, $9,906,000 is for the infant 

adoption awareness training program and $3,000,000 is for the special needs adoption campaign. 

1192 

Compassion Capital Fund 

The conference agreement includes $55,000,000 for the compassion capital fund as proposed by the House, instead of 

$47,702,000 as proposed by the Senate. 

Social Services and Income Maintenance Research 

The conference agreement includes $32,229,000 for social serv- ices and income maintenance research, of which $6,000,000 is provided through the evaluation set-aside. The House proposed 

$5,982,000 for this program entirely funded through the evaluation 

set-aside and the Senate proposed $19,168,000, of which $6,000,000 

was from the evaluation set-aside. 

The conferees note that efforts undertaken through the State 

information technology consortium have led to greatly improved 

systems communications and compliance in both the TANF and 

child support enforcement (CSE) programs. For TANF, the conferees have provided $2,000,000 to permit States to utilize uniquely 

designed web-based technology to improve benefit delivery and fulfill new Federal reporting requirements. For CSE, the conferees 

have provided $3,000,000 to continue the consortium’s efforts to improve data exchange between CSE and the courts in ways that will 

significantly reduce the time lag between court orders and enforcement/collections activities. 

The conferees also provide sufficient funding for the following: 

A+ for Abstinence, Waynesboro, PA for abstinence education and 

related services ................................................................................... $45,000 

AIDSCARE, Inc., Chicago, IL for social services and related programs at its facilities for people living with AIDS .......................... 250,000 

Americana Community Center, Inc., Louisville, KY, for community 

involvement training .......................................................................... 19,000 

Andrus Children’s Center, Yonkers, NY for the Yonkers Early 

Childhood Initiative ........................................................................... 50,000 

Anna Maria College, Paxton, MA, for program development at the 

Molly Bish Center for the Protection of Children and the Elderly 100,000 

Annandale Christian Community for Action, Annandale, VA— 

Child Development Center ................................................................ 50,000 

Arrowhead Economic Opportunity Agency, Inc., Virginia, MN for 

the Family to Family community-based mentoring program to assist low-income families ..................................................................... 600,000 

Atlanta Interfaith AIDS Network, Atlanta, GA for the Common 

Ground day program for adults living with HIV/AIDS ................... 40,000 

Best Friends and Best Men Program at the Indian River School 

District, Sebastian, FL ....................................................................... 50,000 

Birth Choice Pregnancy Centers, Mission Viejo, CA to support 

counseling and medical services at three pregnancy centers in 

Orange County, CA ............................................................................ 150,000 

Breakaway Ministries, Gadsden, AL, for the Silver Ring Thing Program for abstinence education and related services ....................... 80,000 

Catholic Social Services, The Bridge, Wilkes Barre, PA for abstinence education and related services ............................................... 46,000 

Cesar Chavez Center, Davenport, IA to assist the Hispanic community in accessing social services and community resources ............ 100,000 

Child and Family Network Centers, Alexandria, VA—First Step 

Program .............................................................................................. 250,000 

Children’s Home Society of Idaho, Boise, ID—Idaho Children’s 

Home ................................................................................................... 200,000 

Children’s Rights Council, Inc., Hyattsville, MD, for Safe Haven 

Access sites in Stark County, Ohio ................................................... 75,000 

ChildServ, Chicago, IL—Family Service Center in Lake County ...... 500,000 

Christian Family Ministries, Inc., Joliet, IL—Lamb’s Fold Women’s 

Center .................................................................................................. 50,000 

1193 

City Connect Detroit, Detroit, MI for the Detroit Data Partnership, 

for data collection and integration and development of data sharing partnerships to support design, implementation and measurement of social and economic development programs ................. 200,000 

City of Chester, Bureau of Health, SABER Project, Chester, PA for 

abstinence education and related services ....................................... 105,000 

Coalition to End Family Violence, Oxnard, CA for family violence 

prevention and treatment and other social services for youth and 

families ................................................................................................ 200,000 

Community Empowerment Association, Pittsburgh, PA to provide 

community re-entry programs ........................................................... 100,000 

Community Options, Inc., Princeton, NJ, for the Dr. York Development Project ....................................................................................... 90,000 

Community Services of Stark County, Inc., Canton, OH—‘‘Stark 

STRONG’’ (Stark Standing Together Reaching Ohio’s New Generations) .............................................................................................. 300,000 

Concerned Citizens Community Creation Center, Pittsburgh, PA 

for education, counseling, crisis intervention and other services 

for at-risk families .............................................................................. 240,000 

Connecticut Council of Family Service Agencies, Wethersfield, CT 

for the Empowering People for Success welfare-to-work initiative 400,000 

Covenant House Alaska to expand services to runaway and homeless youth in the Anchorage, AK area .............................................. 300,000 

Covenant House Pennsylvania, Philadelphia, PA to provide support 

services to homeless and runaway youth ......................................... 25,000 

Daily Bread, Melbourne, FL to provide nutritional, mental health 

and counseling referral services to the working homeless population ................................................................................................... 50,000 

Darkness to Light in Charleston, SC to develop an online training 

and certification program to prevent child sexual abuse ................ 450,000 

Diakon Lutheran Social Ministries, Mechanicsburg, PA for abstinence education and related services ............................................... 136,000 

Diakon Lutheran Social Ministries, Topton, PA for abstinence education and related services ................................................................ 95,000 

East Harlem Building for the Community, Inc., New York, NY for 

its Women’s Network to provide counseling, referrals and other 

services related to domestic violence ................................................ 100,000 

Eckerd Youth Alternatives, Clearwater, FL, for Transition to Independence—An Expansion of a Foster Care Pilot Demonstration 

project serving youth aging out of the foster care system .............. 1,000,000 

EDGE Outreach, Louisville, KY, for community outreach programs 

at The Mission House ........................................................................ 30,000 

Family First Support Center, Waukegan, IL—Educational Assessment Program ..................................................................................... 200,000 

Food for Life, Glenside, PA to implement a pilot project to monitor 

children of prisoners and parolees in PA ......................................... 200,000 

Fred Leroy Health and Wellness Center, Omaha, Nebraska, to provide health services to Native Americans in the Northern Ponca 

Service Unit ........................................................................................ 250,000 

Friends Association, West Chester, PA, to support adoption and 

foster child services ............................................................................ 50,000 

Generations of Hope, Rantoul, IL—to replicate the program which 

is a unique community setting enriching the lives of foster children and the elderly by entwining their daily lives ........................ 125,000 

George Washington Carver Community Center, Project A.C.E., 

Norristown, PA for abstinence education and related services ...... 86,000 

Girl Scout Totem Council in Seattle, WA, to expand the Fostering 

A Future program .............................................................................. 100,000 

Good News Doctor Foundation and the International Child Development Resources Center, Inc., Melbourne, FL to provide care 

and to develop best practices for children suffering from autism 150,000 

Greater Calvary Community Development Corporation, Erie, PA 

for abstinence education and related services ................................. 50,000 

Greater Philadelphia Urban Affairs Coalition, Philadelphia, PA, to 

provide housing and mortgage assistance, as part of an initiative 

to stabilize a community ................................................................... 1,000,000 

1194 

Growth & Development Services, Inc, New York, NY, for support 

services to at-risk families in Hispanic neighborhoods ................... 50,000 

Guidance Center, project RAPPORT, Ridgeway, PA for abstinence 

education and related services .......................................................... 74,000 

Harbor House of Louisville, Inc., Louisville, KY, for a Training and 

Development Center for individuals with developmental disabilities ...................................................................................................... 50,000 

Heart Beat, Millerstown, PA for abstinence education and related 

services ................................................................................................ 51,000 

Helping Hands Unlimited, Brooklyn, NY for a transitional supportive housing program for women ................................................. 300,000 

HERO Family Resource Center, Greensboro, AL to reduce and prevent teenage pregnancies through the ‘‘Bright Beginnings’’ program .................................................................................................... 50,000 

Hispanic Counseling Center, Hempstead, NY for domestic violence 

prevention and intervention programs ............................................. 140,000 

Horizons for Homeless Children, Boston, MA, for mentoring, educational, and social development programs ..................................... 125,000 

Iowa Mentor Center, Sioux City, IA, for programmatic functions 

and equipment .................................................................................... 30,000 

Keystone Central School District, Central Mountain Middle School 

East, Mill Hall, PA for abstinence education and related services 79,000 

Keystone Economic Development Corporation, Johnstown, PA for 

abstinence education and related services ....................................... 88,000 

L.V.C.P.T.P., St Luke’s Health Network, CHOICE program, Bethlehem, PA for abstinence education and related services ............... 92,000 

Lackawanna Trail School District, Factoryville, PA for abstinence 

education and related services .......................................................... 74,000 

Lady B Ranch, Apple Valley, CA, for a Therapeutic Horseback 

Riding Program .................................................................................. 150,000 

LaSalle University, Philadelphia PA for abstinence education and 

related services ................................................................................... 112,000 

Life House, Duluth, MN for transitional and supportive housing facilities for youth that are homeless, have mental health or substance abuse problems or are otherwise in need of such services 200,000 

Mary’s Family, Orlean, VA ................................................................... 75,000 

Mercy Hospital of Pittsburgh, Pittsburgh, PA for abstinence education and related services ................................................................ 111,000 

Monterey County Probation Department, Salinas, CA for a gang 

prevention and intervention program .............................................. 1,300,000 

National Energy Assistance Directors Association, Washington, DC 

for studies regarding low-income home energy assistance ............. 200,000 

Neighborhood United Against Drugs, Philadelphia, PA for abstinence education and related services ............................................... 136,000 

Network for Family Life Education, Piscataway, NJ for the Teento-Teen Education Project to encourage teens to make responsible choices about sexual health ...................................................... 300,000 

New Brighton School District, New Brighton, PA for abstinence 

education and related services .......................................................... 23,000 

Nexus Diversified Community Services in Minneapolis, MN to 

treat developmentally delayed adolescent males ............................. 1,000,000 

Nueva Esperanza, Philadelphia, PA for abstinence education and 

related services ................................................................................... 72,000 

Ohel Children’s Home and Family Services, Brooklyn, NY for 

school-based programs to prevent substance abuse, violence, 

child abuse and related problems ..................................................... 340,000 

Ohio Educational Television Stations (OETS), Toledo, OH for the 

Ohio Cares project .............................................................................. 200,000 

Operation Warm, Chadds Ford, PA—Pennsylvania Youth Coat Distribution Project ................................................................................. 125,000 

Orange County, Orlando, FL, for Harbor House to provide services 

to victims of abusive relationships ................................................... 150,000 

Parents Anonymous, Claremont, CA to establish, operate, publicize 

and maintain a national parent helpline, toll free, 24 hours a 

day, 7 days a week, for parents throughout the US ....................... 32,000 

Partners for Healthier Tomorrows, Ephrata, PA for abstinence education and related services ................................................................ 50,000 

1195 

Partners in Family and Community Development, Athens, PA for 

abstinence education and related services ....................................... 72,000 

Perseus House, Inc., Erie, PA for abstinence education and related 

services ................................................................................................ 50,000 

Potter County Court of Common Pleas, Coudersport, PA to implement the Youth/Community project to break the cyclical effect of 

the dysfunctional family .................................................................... 100,000 

Potter County Human Services, Roulette, PA for abstinence education and related services ................................................................ 50,000 

Providence House, Shreveport, LA—Child Development Center ...... 166,000 

Puerto Rico Administration for Children and Families, San Juan, 

PR for implementation of automated information systems for 

child welfare and other programs ..................................................... 600,000 

Rape and Victim Assistance Center of Schuykill County, Pottsville, 

PA for abstinence education and related services ........................... 71,000 

Real Alternatives, Harrisburg, PA, for counseling and pregnancy 

support services .................................................................................. 150,000 

Real Commitment, Gettysburg, PA for abstinence education and related services ...................................................................................... 82,000 

Resources for Human Development, Inc., Philadelphia, PA to support an outreach project organizing groups focusing on social 

services to low-income families ......................................................... 25,000 

School District of Lancaster, Project IMPACT, Lancaster, PA for 

abstinence education and related services ....................................... 101,000 

School District of Philadelphia, Philadelphia, PA for abstinence 

education and related services .......................................................... 102,000 

Shaw Jewish Community Center of Akron, OH ................................. 200,000 

Shepherd’s Maternity House Inc., East Stroudsburg, PA for abstinence education and related services ............................................... 50,000 

Silver Ring Thing South Carolina, Columbia, SC to establish an innovative abstinence education program ........................................... 100,000 

Silver Ring Thing, Sewickley, PA for abstinence education .............. 75,000 

Sisters of Charity Foundation of Canton, OH—Quality Child Care 

Initiative ............................................................................................. 100,000 

T.O.P.S. FOR YOU, Inc., Brooklyn, NY for services to children and 

families at the Garrity Post Daycare Center ................................... 400,000 

To Our Children’s Future with Health, Inc., Philadelphia, PA for 

abstinence education and related services ....................................... 109,000 

Tri County Women’s Network, New Carlisle, OH for programs 

serving pregnant women in crisis who choose to keep their babies 

learn to become self-sufficient ........................................................... 150,000 

Tuscarora Intermediate Unit, McVeytown, PA for abstinence education and related services ................................................................ 84,000 

Uhlich Children’s Advantage Network, Chicago, IL for programs at 

its Family Resource Center in Riverdale to increase self-sufficiency, improve parenting skills and reduce family violence 

among teenage and young adult parents ......................................... 150,000 

United Christian Ministries Inc., Osceola, PA for social services focusing on homeless families .............................................................. 75,000 

Urban Family Council, Philadelphia, PA for abstinence education 

and related services ........................................................................... 126,000 

Victim Resource Center Inc., Franklin, PA for abstinence education 

and related services ........................................................................... 41,000 

Visitation Home, Inc., Yardville, NJ, to support services for developmentally disabled residents ........................................................... 100,000 

Volunteers of America/Alaska in Anchorage, AK, in cooperation 

with the State of Alaska Dept. of Health and Human Services, 

for a respite camp for children being raised by grandparents in 

Alaska ................................................................................................. 200,000 

Warren Coalition, Front Royal, VA—Family Care Connections ........ 150,000 

Washington Hospital Teen Outreach, Academy for Adolescent 

Health, Washington, PA for abstinence education and related 

services ................................................................................................ 136,000 

West Central Wisconsin Community Action Agency, Glenwood City, 

WI for the Western Wisconsin JumpStart Replication Project to 

assist TANF households in purchasing reliable automobiles to 

help them secure and maintain employment .................................. 300,000 

1196 

Women’s Care Center of Erie County, Inc. to support prenatal medical services to an at-risk population ................................................ 100,000 

Women’s Care Center of Erie County, Inc., Abstinence Advantage 

Program, Erie, PA for abstinence education and related services 136,000 

Women’s Haven of Tarrant County, Inc., Fort Worth, TX—services 

at an emergency domestic violence shelter and for a 24–hour 

emergency hotline .............................................................................. 55,000 

YMCA of Metropolitan Fort Worth-McDonald Community Branch, 

Fort Worth, TX—Together Reaching Unity Concerning Everyone 

(TRUCE) program .............................................................................. 175,000 

York County Human Life Services, Inc. York, PA for abstinence 

education and related services .......................................................... 50,000 

Youth Crisis Center, Jacksonville, FL, for family and youth counseling ................................................................................................... 100,000 

YWCA of Bucks County, Trevose, PA to promote strong families, 

positive youth development and safe communities ......................... 50,000 

ZERO TO THREE, Washington, DC, for the development of multidisciplinary Court Teams to raise awareness and increase knowledge and skills regarding the needs of maltreated infants and 

toddlers and their families involved in the child welfare system 

to include a program in Fort Bend County, Texas .......................... 1,000,000 

Developmental Disabilities 

Within developmental disabilities programs, the conference 

agreement includes $38,416,000 for protection and advocacy services as proposed by the House instead of $40,000,000 as proposed 

by the Senate. The conferees intend that technical assistance be 

provided through a competitive multiyear grant with a national 

nonprofit organization that has the demonstrated capacity to carry 

out these activities. The conferees intend that the technical assistance be responsive to requests from the protection and advocacy 

network, based on the identified needs of individuals with disabilities and do not intend that technical assistance funds be used for 

administrative responsibilities of the agency administering the programs. 

The conference agreement includes $15,000,000 for voting access for individuals with disabilities as proposed by the House rather than $14,912,000 as proposed by the Senate. Within the funds 

provided, $5,000,000 shall be for State protection and advocacy systems, the same level as proposed by the House rather than 

$4,912,000 as proposed by the Senate. 

The conference agreement also includes $11,642,000 for 

projects of national significance as proposed by both the House and 

the Senate. Within the funds for special projects, $4,000,000 is 

available to expand the activities of the Family Support Program. 

For university centers for excellence in developmental disabilities, the conference agreement includes $31,803,000 as proposed 

by the Senate instead of $26,803,000 as proposed by the House. 

The level provides funding for existing centers at the authorized 

level and will support a new grant competition permitting new centers to join the network. 

Native American Programs 

The conference agreement includes $45,157,000 for Native 

American programs as proposed by the Senate, instead of 

$45,155,000 as proposed by the House. 

1197 

Community Services 

The conference agreement includes $641,935,000 for the com- munity services block grant rather than $627,500,000 as proposed 

by the House and $650,000,000 as proposed by the Senate. The 

conferees direct the Secretary to prepare a 3-year strategic plan for 

the office of community services use of training and technical assistance funds in the fiscal years 2005–2008, as requested by the 

House, and should be provided to the House and Senate Committees on Appropriations by no later than June 15, 2005. The conference agreement includes $33,000,000 for economic development instead of $32,492,000 as proposed by the House and 

$38,000,000 as proposed by the Senate. The conferees expect this 

appropriation to be used for the principal purpose of the program, 

which is making grants to experienced community development 

corporations working in low-income urban and rural communities. 

Within the total for community economic development, $5,481,000 is provided for the job opportunities for low-income individuals program authorized by the Family Support Act. The conferees direct that of the funds allocated for the job opportunities for 

low-income individuals program, not more than $500,000 be setaside for program support and technical assistance as proposed by 

the House. The Senate did not include a similar restriction. 

The conference agreement includes $7,300,000 for rural com- munity facilities instead of $7,184,000 as proposed by the House 

and $7,500,000 as proposed by the Senate. The conference agreement provides $18,000,000 for the National youth sports program as proposed by the House. The Senate 

did not propose funding for this program. The conference agreement includes $7,238,000 for community 

food and nutrition as proposed by the Senate. The House did not 

propose funding for this program. 

Violent Crime Reduction Programs 

For the domestic violence hotline, the conference agreement in- cludes $3,250,000 rather than $3,000,000 as proposed by the House 

and $3,500,000 as proposed by the Senate. 

For family violence prevention and services and battered wom- en’s shelters, the conference agreement includes $126,648,000 instead of $125,648,000 as proposed by the House and $128,000,000 

as proposed by the Senate. 

Early Learning Fund 

For the early learning fund, the conference agreement includes 

$36,000,000 as proposed by the Senate. The House did not include 

funding for this program. 

Independent Living Training Vouchers 

The conference agreement includes $47,000,000 for independent living training vouchers instead of $50,000,000 as proposed by the House and $44,734,000 as proposed by the Senate. 

Community-based Abstinence Education 

The conference agreement includes $104,500,000 for community-based abstinence education as proposed by the Senate instead 

1198 

of $109,546,000 as proposed by the House. The conference agreement includes $4,500,000 in program evaluation funds for the abstinence education program and $100,000,000 in budget authority. 

The conferees concur with language included in the House report 

regarding technical assistance and capacity-building support to 

grantees. The Senate report did not include similar language. 

Within the total for community-based abstinence education, up to $10,000,000 may be used to carry out a national abstinence education campaign as proposed by the House. The Senate proposed 

$2,500,000 for the campaign within the Office of the Secretary. 

Prior to advertising the availability of funds for any grant or contract for the national abstinence education campaign, the conferees 

request that the Department of Health and Human Services brief 

the House and Senate Committees on Appropriations regarding the 

planned use of these funds. 

Center for Faith-based and Community Initiatives 

The conference agreement provides $1,386,000 for the center 

for faith-based and community initiatives as proposed by the Senate rather than $1,400,000 as proposed by the House. 

Program Direction 

The conference agreement includes $187,050,000 for program direction instead of $190,206,000 as proposed by both the House 

and the Senate. 

PROMOTING SAFE AND STABLE FAMILIES

The conference agreement includes $99,383,000 for the discretionary grant program of promoting safe and stable families as proposed by the Senate rather than $105,000,000 as proposed by the 

House. 

ADMINISTRATION ON AGING

AGING SERVICES PROGRAMS

The conference agreement includes $1,404,634,000 for aging 

services programs instead of $1,403,479,000 as proposed by the 

House and $1,395,117,000 as proposed by the Senate. Within the 

total, $5,500,000 is available for medication management, screening, and education activities as proposed by the House in bill language and by the Senate in report language. The detailed table at 

the end of this joint statement reflects the activity distribution 

agreed to by the conferees. 

The conference agreement includes $21,790,000 for preventive 

health rather than $21,919,000 as proposed by both the House and 

the Senate. 

The conference agreement includes $19,444,000 for activities 

for the protection of vulnerable older Americans instead of 

$18,559,000 as proposed by the House and $20,474,000 as proposed 

by the Senate. Within the funds provided $14,276,000 is provided 

for the ombudsman services program. 

The conference agreement includes $724,497,000 for nutrition 

programs rather than $730,178,000 as proposed by the House and 

$718,814,000 as proposed by the Senate. Within the total, 

1199 

$390,397,000 is provided for congregate meals rather than 

$392,148,000 as proposed by the House and $388,646,000 as proposed by the Senate, $184,301,000 is provided for home delivered 

meals rather than $187,616,000 as proposed by the House and 

$180,985,000 as proposed by the Senate, and $149,799,000 is provided for the nutrition services incentives program rather than 

$150,414,000 as proposed by the House and $149,183,000 as proposed by the Senate. 

The conference agreement includes $11,883,000 for Alzheimer’s 

disease demonstrations instead of $11,500,000 as proposed by the 

House and $12,883,000 as proposed by the Senate. 

The conference agreement includes $43,640,000 for program innovations instead of $37,943,000 as proposed by the House and 

$37,647,000 as proposed by the Senate. The conferees continue to 

support funding at no less than last year’s level for national programs scheduled to be refunded in fiscal year 2005 that address a 

variety of issues, including elder abuse, native American issues and 

legal services. 

Within the funding provided, the conference agreement includes $3,000,000 for social research into Alzheimer’s disease care 

options, best practices and other Alzheimer’s research priorities 

that include research into cause, cure and care, as well as respite 

care, assisted living, the impact of intervention by social service 

agencies on victims, and related needs. The agreement recommends 

this research utilize and give discretion to area agencies on aging 

and their non-profit divisions in municipalities with aged populations (over the age of 60) of over 1,000,000, with preference given 

to the largest population. The conferees also recommend that 

unique partnerships to affect this research be considered for the selected area agency on aging. 

Given the enormous demands on Alzheimer’s family caregivers, 

the conferees have included $1,000,000 to support an Alzheimer’s 

family contact center for round-the-clock help to Alzheimer’s families in crisis. 

The conference agreement includes the following amounts for 

the following projects and activities in fiscal year 2005: 

Alzheimer’s Association—North Central Texas Chapter, Fort 

Worth, TX ........................................................................................... $100,000 

Boise State University, Boise, ID, for the Center for the Study of 

Aging ................................................................................................... 400,000 

Carolinas Center for Hospice and End of Life Care, Cary NC for 

development of a national data collection system on the needs of 

end-of-life and terminally ill patients ............................................... 100,000 

City of Rancho Cucamonga, CA, for a Senior Health, Nutrition and 

Transportation Program .................................................................... 150,000 

College Misericordia, Dallas, PA .......................................................... 100,000 

Commission on Jewish Eldercare Services, Jewish Federation of 

Metropolitan Detroit, Bloomfield Hills, MI for a naturally occurring retirement community demonstration ...................................... 500,000 

Comprehensive Housing Assistance, Inc in Baltimore, MD, for a 

Naturally Occurring Retirement Communities (NORC) demonstration ............................................................................................ 712,000 

CyberSeniors, Inc., Detroit, MI—Experience Senior Power Program 300,000 

Faith in Action of Central Stark County, Inc., Louisville, OH .......... 50,000 

Family Caregiver Alliance, San Francisco, CA for a National Resource Center on Family Caregiving ................................................ 250,000 

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Forsyth County Senior Services, Winston-Salem, NC to improve capacity of senior support services through civic, church and volunteer efforts .......................................................................................... 500,000 

Foundation on Aging, Merriam, KS for design and execution of programs to improve community-based care for older adults .............. 150,000 

Greater Miami Jewish Federation, Inc., Miami, FL, for its ‘‘Aging 

in Place’’ Initiative ............................................................................. 100,000 

Haddington Multi Services for Older Adults, Philadelphia, PA for 

demonstration programs involving education, counseling, and 

services to help seniors with chronic illnesses or disabilities continue living in their homes ................................................................ 100,000 

Iowa Department of Elder Affairs to establish the Office of Substitute Decision Maker ...................................................................... 400,000 

Jefferson Area Board for Aging, Charlottesville, VA, for a study of 

the long-term care environment for those being cared for and 

their caregivers ................................................................................... 100,000 

Jefferson Regional Medical Center, Pittsburgh, PA for senior services ....................................................................................................... 100,000 

Jewish Association for Services for the Aged, New York, NY for a 

naturally occurring retirement community demonstration in CoOp City in the Bronx ......................................................................... 250,000 

Jewish Community Federation of Cleveland, Cleveland, OH for a 

Naturally Occurring Retirement Community resource center ....... 50,000 

Jewish Family & Child Service, Portland, OR, for a Naturally Occurring Retirement Communities (NORC) demonstration project 30,000 

Jewish Family and Children’s Service of Greater Mercer County, 

Princeton, NJ—NORC ‘‘Aging in Place’’ Initiative .......................... 125,000 

Jewish Family and Children’s Service of Greater Philadelphia, 

Philadelphia, PA for a Naturally Occurring Retirement Communities (NORC) demonstration program ............................................ 300,000 

Jewish Family and Children’s Service of Minneapolis, Minnetonka, 

MN—NORC ‘‘Aging in Place’’ Initiative ........................................... 100,000 

Jewish Family and Children’s Service, Sarasota, FL, for a Naturally Occurring Retirement Communities ‘‘Aging in Place’’ initiative ....................................................................................................... 75,000 

Jewish Family Service of Albuquerque, NM to support a Naturally 

Occurring Retirement Communities (NORC) demonstration 

project .................................................................................................. 500,000 

Jewish Family Service of Buffalo and Erie County New York, Buffalo, NY—NORC project .................................................................... 50,000 

Jewish Family Service of Rochester, Inc., Rochester, NY—NORC 

project .................................................................................................. 50,000 

Jewish Family Service of Sacramento, CA for a naturally occurring 

retirement community demonstration .............................................. 200,000 

Jewish Family Service of Salt Lake City, Utah for a Naturally Occurring Retirement Communities (NORC) demonstration project 300,000 

Jewish Family Service of San Diego, CA—Naturally Occurring Retirement Community ‘‘Aging in Place’’ demonstration .................... 150,000 

Jewish Family Service, Cincinnati, OH—Naturally Occurring Retirement Communities Aging in Place initiative ............................. 100,000 

Jewish Family Service, Clifton, NJ for a naturally occurring retirement community demonstration initiative ....................................... 200,000 

Jewish Family Services of Los Angeles, CA for a Naturally Occurring Retirement Communities (NORC) demonstration .................. 500,000 

Jewish Federation of Central New Jersey, Scotch Plains, NJ, for a 

Naturally Occurring Retirement Communities (NORC) demonstration ............................................................................................ 200,000 

Jewish Federation of Des Moines, IA for a naturally occurring retirement community demonstration ................................................. 300,000 

Jewish Federation of Greater Atlanta, GA, for a Naturally Occurring Retirement Communities (NORC) demonstration project ...... 100,000 

Jewish Federation of Greater Washington, Rockville, MD for a Naturally Occurring Retirement Communities demonstration project 1,000,000 

Jewish Federation of Las Vegas, NV, for a NORC program .............. 250,000 

Jewish Federation of Los Angeles, California, for a Naturally Occurring Retirement Communities (NORC) demonstration project 150,000 

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Jewish Federation of Metropolitan Chicago, Chicago, IL for continued implementation of its Naturally Occurring Retirement Communities demonstration program ..................................................... 150,000 

Jewish Federation of Southern New Jersey, Cherry Hill, NJ—Naturally Occurring Retirement Communities ‘‘Aging in Place’’ Initiative .................................................................................................. 400,000 

Jewish Federation of St. Louis, Missouri for a Naturally Occurring 

Retirement Communities (NORC) demonstration project .............. 225,000 

Leon Mathieu Senior Center, Pawtucket, RI for the HOME ALONE 

program of services to help elders maintain themselves in the 

community as long as possible .......................................................... 25,000 

Madlyn and Leonard Abramson Center for Jewish Life, North 

Wales, PA to expand their family caregiver programs ................... 75,000 

Medford Senior Center, Medford, OR—Senior Advocacy Program .... 25,000 

Mount Airy Bethesda, Inc., Philadelphia, PA to provide a computer-focused program for senior citizens ........................................ 300,000 

PACE CNY, North Syracuse, NY—third PACE Center ..................... 450,000 

Rebuilding Together, Inc., Washington, DC for education, training, 

technical assistance and other services related to its national 

program to reduce the risk of injury to seniors through home 

modifications ....................................................................................... 400,000 

Saint Luke Lutheran Community, North Canton, OH—Nursing 

Home Quality Improvement Project ................................................. 250,000 

SCC Senior Adult Center, Brooklyn, NY for a demonstration 

project involving support services for frail elderly living alone ..... 300,000 

Shenandoah Area Agency on Aging, Inc., Front Royal, VA ............... 50,000 

Southcare, Inc., Glenside, PA for nutrition counseling and elderly 

services ................................................................................................ 25,000 

State University System of Florida, Type I Policy and Exchange 

Center on Aging, Tampa, FL—Preparing for an Aging America 

Project ................................................................................................. 1,000,000 

United Jewish Federation of Greater Pittsburgh, Pittsburgh, PA for 

a Naturally Occurring Retirement Communities (NORC) demonstration project ............................................................................... 100,000 

University of Indianapolis, Indianapolis, IN for expansion of programs and services offered by the Center for Aging and Community ...................................................................................................... 320,000 

University of Missouri, Columbia for development and evaluation 

of technology to support independence of seniors ........................... 1,000,000 

University of Wisconsin-Milwaukee in Milwaukee, WI to establish 

training and research programs on dementia ................................. 300,000 

Utah Department of Human Services for computer training that 

will allow seniors to live independently and remain engaged with 

their community ................................................................................. 30,000 

Vermont Department of Aging and Independent Living, Waterbury, 

VT for a demonstration project involving rural multi-purpose 

senior centers ..................................................................................... 280,000 

Visiting Nurse Association Healthcare Partners of Ohio, Cleveland, 

OH—Healthy Town ............................................................................ 250,000 

Wasilla Area Seniors, Inc., Wasilla, AK for programs at Knik 

Manor .................................................................................................. 300,000 

Wexner Heritage Village, Columbus, OH—NORC ‘‘Aging in Place’’ 

initiative .............................................................................................. 50,000 

Wisconsin Alzheimer’s Association Chapter Network in Madison, 

WI to provide Certified Dementia Care Specialist training ........... 400,000 

OFFICE OF THE SECRETARY

GENERAL DEPARTMENTAL MANAGEMENT

The conference agreement includes $371,975,000 for general 

departmental management instead of $349,298,000 as proposed by 

the House and $376,704,000 as proposed by the Senate, along with 

$55,851,000 from Medicare trust funds. In addition, $21,552,000 in 

program evaluation funding is provided. 

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The conference agreement does not include language reducing 

funding for the account by a total of $31,000,000, which was contained in the House bill. 

The conference agreement includes bill language providing 

$13,120,000 for abstinence service demonstration grants as proposed by the House instead of $16,891,000 as proposed by the Senate. 

The conference agreement does not include bill language earmarking $25,000,000 for a new health care information technology 

program as proposed by the House. 

The conference agreement does not include bill language identifying $2,500,000 for a national abstinence education campaign as 

proposed by the Senate. The conferees provide that up to 

$10,000,000 of the funds provided for abstinence education within 

the Administration for Children and Families may be used for such 

an education campaign. 

The conference agreement includes bill language providing 

$6,000,000 for assistance to maternal and child health clinics in Afghanistan as proposed by the Senate instead of $5,000,000 as proposed by the House. 

The conference agreement includes bill language proposed by 

the Senate limiting the funding available to the HHS Office of the 

Assistant Secretary for Legislation to no more than $2,754,000. The 

House did not have a similar provision. 

The conference agreement includes bill language providing 

$50,000,000 from the Medicare trust funds to be transferred to the 

Social Security Administration for processing Medicare appeals. 

The House and Senate bills had provided this funding within the 

CMS program management account. 

The conference agreement includes bill language directing that 

specific information requests from the chairmen and ranking members of the Subcommittees on Labor, Health and Human Services, 

and Education, and Related Agencies, on scientific research or any 

other matter, be transmitted to the Committees on Appropriations 

in a prompt professional manner and within the time frame specified in the request. The bill language further directs that scientific 

information requested by the Committees on Appropriations and 

prepared by government researchers and scientists be transmitted 

to the Committees on Appropriations, uncensored and without 

delay. The Senate report included similar language. The House did 

not include such a provision in either bill or report language. 

The conferees include the amounts within the Office of the Secretary for the following projects and activities in fiscal year 2005 

listed below: 

A technology internet based weight loss demonstration program for 

1,000 federal employees at the Department of Health and 

Human Services headquarters, with use of the latest technology, 

including a private automated weigh station to track participants’ progress; daily email support on nutrition and exercise; 

and education and detailed instruction on exercise techniques, 

meal ideas and motivational success stories .................................... $35,000 

Advertising Council, Inc., New York, NY, for an adult oriented public service campaign focusing on underage drinking ....................... 250,000 

Children’s Hospital & Regional Medical Center in Seattle, WA, to 

establish to the Center for Pediatric Bioethics ................................ 340,000 

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Community Transportation Association of America for TA to 

human services transportation providers on ADA requirements ... 1,000,000 

Delaware Health Information Network, Dover, DE ........................... 700,000 

Erie County Department of Health, Buffalo, NY for the Western 

NY Regional Health Information Infrastructure ............................. 300,000 

Florida Institute of Technology, Melbourne, FL for the Center for 

Information Assurance ...................................................................... 400,000 

Foundation for eHealth Initiative, Washington, DC .......................... 4,000,000 

Palmer College on Chiropractice, Consortial Center for Chiropractic 

Research in Davenport, Iowa, and the Policy Institute for Integrative Medicine in Philadelphia, PA for a best practices initiative on lower back pain ...................................................................... 200,000 

The conferees include the amounts for the following Office of 

Minority Health projects and activities in fiscal year 2005 listed 

below: 

California State University, Long Beach, for professional training, 

research and health initiatives at the NCLR Center for Latino 

Community Health, Leadership Training and Evaluation ............. $500,000 

Esther’s Pantry of the Metropolitan Community Church of Portland, OR to provide food and supplies for people living with AIDS 30,000 

Hispanic Health Initiatives, Inc. in Central Florida for an educational program on Type-2 Diabetes ............................................... 100,000 

Hospices of the National Capital Region, Hospice of Northern Virginia, Fairfax, VA ............................................................................... 300,000 

Huston-Tillotson College, Austin, Texas, for the Huston-Tillotson 

College Systems of Care Wraparound Initiative for underserved 

children ............................................................................................... 250,000 

Nazareth Hospital, Philadelphia, PA to establish stroke treatment 

and prevention programs for African American seniors ................. 250,000 

Our Lady of the Lake, Baton Rouge, LA for the South LA Community Health Alliance ........................................................................... 100,000 

Padres Contra El Cancer, Glendale, CA for patient education and 

family support services for Latino children with cancer and their 

families ................................................................................................ 150,000 

Phoebe Putney Memorial Hospital, Albany, Georgia to expand the 

School Nurse Program in school-based health clinics serving minority populations .............................................................................. 100,000 

Pregnancy Crisis Center, Wichita, KS, for development of a STD 

integrity program ............................................................................... 420,000 

Saint Francis Hospital, Wilmington, DE, to expand health outreach 

programs to minority and underserved communities ..................... 250,000 

South Fork Community Health Initiative, East Hampton, NY for 

programs to improve health services and access to care for minority and underserved persons ........................................................ 100,000 

Town of Herndon, Herndon, VA, for Neighborhood Resource Center 50,000 

University of Medicine and Dentistry of New Jersey, School of Public Health, Piscataway, NJ for research, education and community outreach activities of the Institute for the Elimination of 

Health Disparities in Newark ........................................................... 650,000 

University of Pittsburgh Medical Center, Braddock, PA to develop 

and implement a health care delivery model that will provide 

services to a historically underserved population ........................... 100,000 

University of South Carolina Arnold School of Public Health, Columbia, SC, for the Institute for Partnerships to Eliminate 

Health Disparities .............................................................................. 275,000 

University of Texas Southwestern Medical Center, Dallas, TX (in 

cooperation with UT Dallas) for a program to recruit minority 

students into biomedical research (including outreach, mentoring 

and/or scholarships and fellowships) ................................................ 150,000 

The conference agreement includes $1,000,000 to continue the 

embryo adoption awareness campaign, as proposed by the Senate. 

The House report did not include a similar provision. 

The conference agreement includes $3,000,000 to establish a 

Citizens’ Health Care Working Group as authorized in the MediVerDate Aug 04 2004 07:33 Dec 01, 2004 Jkt 096906 PO 00000 Frm 01207 Fmt 6601 Sfmt 6601 E:\HR\OC\HR792.XXX HR792
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care Modernization Act. The Senate proposed $3,000,000 for this 

activity; the House report did not contain a similar provision. 

The conference agreement includes $500,000 for a study by the 

Institute of Medicine regarding the training of physicians for public 

health careers, as proposed by the Senate. The House report did 

not contain a similar provision. 

The conference agreement includes $1,000,000 to establish an 

interagency committee to examine major regulations governing the 

health care industry to simplify them to reduce cost. The House report provided $2,000,000 through policy evaluation funds for this 

activity. The Senate report did not contain a similar provision. 

The conferees are concerned about the absence of mechanisms 

to ensure the delivery of necessary psychosocial care to individuals 

with cancer and their family members. The conference agreement 

provides $1,000,000 for the Secretary, working in collaboration 

with the Institute of Medicine and relevant government agencies 

and non-profit entities, to study the delivery of psychosocial services to cancer patients and their families in the community setting. 

Specifically, the report should include an analysis of: (1) the capacity of the current mental health and oncology provider system to 

deliver such care and the anticipated resources required nationwide; (2) available training programs for professionals providing 

psychosocial and mental health services; and (3) existing barriers 

to access to such care. The Secretary is encouraged to issue recommendations to address these issues. 

The conferees support the efforts of HHS to provide for a 

stronger and more consistent approach to the review process for 

drug and most therapeutic biologics used to diagnose, treat, and 

prevent cancer. 

Unprecedented progress in fields such as nanotechnology, 

proteomics, and genomics hold the promise of vast improvements 

in our ability to prevent cancer, diagnose it an earlier stage, and 

treat it more effectively through targeted therapies. The conferees 

encourage and support the efforts of HHS agencies, including NCI 

and FDA, to keep pace with scientific discovery in these areas, particularly as they apply to the prevention and early detection of cancer. 

The conferees intend that, of the funding provided to the Office 

of Minority Health, no less than the fiscal year 2004 funding level 

be allocated to a culturally competent and linguistically appropriate public health response to the HIV/AIDS epidemic. 

OFFICE OF INSPECTOR GENERAL

The conference agreement includes $40,323,000 for the Office 

of Inspector General as proposed by both the House and the Senate. The conference agreement concurs with House bill language 

pertaining to the hire of passenger motor vehicles for investigations. The Senate did not include this language. 

POLICY RESEARCH

The conference agreement provides $20,750,000 for policy research from program evaluation funding, which is the same as the 

1205 

amount proposed in the House bill. The Senate proposed 

$28,750,000 for this activity through program evaluation funding. 

PUBLIC HEALTH AND SOCIAL SERVICES EMERGENCY FUND

The conference agreement includes $2,308,287,000 for the Public Health and Social Services Emergency Fund (PHSSEF) to enhance Federal, State, and local preparedness to counter potential 

biological, disease, chemical, and radiological threats to civilian 

populations, instead of $2,352,247,000 as proposed by the House 

and $2,330,058,000 as proposed by the Senate. 

The conference agreement continues bill language, applicable 

during fiscal year 2004, exempting from any personnel ceiling applicable to the Agency, Service, or the Department of Health and 

Human Services both civilian and Commissioned Officers detailed 

to States, municipalities or other organizations under authority of 

Section 214 of the Public Health Service Act for purposes related 

to homeland security during their period detail or assignment. 

The conference deletes bill language proposed by the House relating to the transfer of Strategic National Stockpile assets, unexpended balances, and liabilities from the Department of Homeland 

Security to the Department of Health and Human Services. This 

language is no longer necessary because similar provisions already 

have been enacted into law. 

Within the amount provided: $1,173,300,000 is for the Centers 

for Disease Control and Prevention; $400,000,000 is for the Strategic National Stockpile; $523,149,000 is for the Health Resources 

and Services Administration; $47,400,000 is for the National Institutes of Health; and $64,438,000 is for the Office of the Secretary. 

Within the amounts available to the Centers for Disease Control and Prevention (CDC): $934,300,000 is for State and Local Preparedness, including $871,900,000 to be provided to State and local 

health departments through grants and cooperative agreements; 

$142,200,000 is for Upgrading CDC Capacity; $80,000,000 is to 

support and expand biosurveillance activities; and $16,800,000 is 

for the research program on anthrax vaccine. 

The conferees concur with language in the Senate report regarding the provision of funding for the Health Alert Network at 

not less than the fiscal year 2004 level. 

The conference agreement includes sufficient funds to continue 

to discover, develop, and transition anti-infective agents to combat 

emerging diseases from within amounts available for Upgrading 

CDC Capacity. 

Within the funds available to the Health Resources and Services Administration (HRSA) is $495,405,000 for Hospital Preparedness and $27,744,000 to provide incentives for curricular reform in 

health professions schools and the delivery of continuing education 

to those already in practice. 

The conferees are aware of concerns that no single organization is equipped to respond to the diverse needs of citizens in the 

wake of a terrorist incident. The conferees encourage the Secretary 

to work with organizations with experience in working with national-level entities in disaster situations to develop a technical assistance, social response model that can be incorporated into the 

1206 

process of emergency management and pre-disaster planning in 

communities. 

The conferees applaud CDC’s commitment to continue the implementation and evaluation of the Lehigh Valley, PA Bioterrorism 

Response Pilot. 

In addition to the funds for terrorism preparedness and response, the conference agreement includes $100,000,000 for activities to ensure year-round production capacity of influenza vaccine, 

instead of $60,000,000 as proposed by the House and $75,000,000 

as proposed by the Senate. 

The conference agreement includes bill language proposed by 

the Senate to permit pandemic preparedness funding to be used to 

purchase influenza vaccine. 

GENERAL PROVISIONS

HEAD START SALARIES

The conference agreement includes a general provision that 

prohibits the use of funds for Head Start to pay the compensation 

of an individual, either as direct costs or any proration as an indirect cost, at a rate in excess of Executive Level II, as proposed by 

the House. The Senate bill did not contain a similar provision. 

EVALUATION TAP AUTHORITY

The conference agreement includes a provision to allow for a 

2.4 percent evaluation tap pursuant to section 241 of the Public 

Health Service Act. This tap is to be applied to programs authorized under the Public Health Service Act. The House bill contained 

a provision to allow for a 2.3 percent evaluation tap and the Senate 

bill allowed for a 2.5 percent evaluation tap. 

ONE PERCENT TRANSFER AUTHORITY

The conference agreement modifies language proposed by the 

Senate providing the Secretary of HHS with the authority to transfer up to 1 percent of discretionary funds between a program, 

project, or activity, but no such program, project or activity shall 

be increased by more than 3 percent by any such transfer. Additionally, a program, project or activity may be increased up to an 

additional 2 percent subject to written approval of the House and 

Senate Appropriations Committees. 

REFUGEE STATUS OF CERTAIN PERSECUTED GROUPS

The conference agreement includes a provision proposed by the 

Senate to extend the refugee status for persecuted religious groups. 

The House bill contained no similar provision. The conferees intend 

to fully protect religious minority refugee applicants from Iran, including the current caseload of Iranian Christians, Jews, Bahai, 

Mandeans and Zoroastrians. Therefore, the Administration should 

implement the provisions of section 213 of the conference report 

with respect to new applications, as well as to review previously 

denied applications for refugee applicants who have remained outside of Iran without a viable solution after being denied refugee 

status. 

1207 

COUNCIL ON GRADUATE MEDICAL EDUCATION

The conference agreement includes a general provision proposed by the Senate allowing for the continued operation of the 

Council on Graduate Medical Education. The House bill contained 

no similar provision. 

CANCER HOSPITAL CONSTRUCTION LOANS

The conference agreement does not include a general provision 

proposed by both the House and Senate that rescinded funds appropriated by section 1897(g) of the Social Security Act. 

CMS PROGRAM MANAGEMENT

The conference agreement does not include a general provision 

proposed by the House reducing the amounts provided to CMS program management. The Senate bill contained no similar provision. 

CDC MANAGEMENT/IT SAVINGS

The conference agreement does not include a general provision 

proposed by the House reducing the amounts provided to CDC for 

management and information technology. The Senate bill contained 

no similar provision. 

75% RULE

The conference agreement includes a general provision that 

none of the funds appropriated in this Act may be expended by the 

Secretary of HHS to change the designation of a hospital that was 

certified by the Secretary as an in-patient rehab facility on or before June 30, 2004 until after a GAO report is issued. This is the 

same as language in the House bill. The Senate bill prohibited the 

expenditure of funds, but did not require a GAO report. 

CMS OFFICE OF THE ACTUARY

The conference agreement does not include a general provision 

proposed by the House that none of the funds appropriated in this 

title may be used to impede the exchange of information between 

the Office of the Actuary of CMS and Congress. The Senate did not 

propose a similar provision. 

NATIONAL FOUNDATIONS FOR CDC AND NIH

The conference agreement deletes without prejudice a general 

provision proposed by the Senate that provides official reception 

and representation expenses to the National Foundations for CDC 

and NIH. The House did not propose a similar provision. Funding 

for this purpose is included in each agency’s relevant account. 

SUMMER HEALTH CAREER INTRODUCTORY PROGRAMS

The conference agreement does not include a general provision 

proposed by the Senate authorizing a new summer health career 

introductory program for middle and high school students. The 

House bill contained no similar provision. 

1208 

HHS OIG OVERSIGHT ACTIVITIES

The conference agreement includes a general provision transferring $25,000,000, rather than $35,000,000 as proposed by the 

Senate, to the Office of the Inspector General of HHS from 

amounts previously appropriated under the Medicare Modernization Act for activities relating to oversight of programs. The House 

bill contained no similar provision. 

HEALTH PROFESSIONS STUDENT LOAN RESCISSION

The conference agreement includes a general provision, which 

rescinds unobligated balances associated with the health professions student loan program authorized in subpart II, federally-supported student loan funds, of title VII of the Public Health Service 

Act. 

NURSING STUDENT LOAN RESCISSION

The conference agreement includes a general provision, which 

rescinds unobligated balances associated with the nursing student 

loan program authorized by Section 835 of the Public Health Service Act. 

MEDICAL FACILITIES GUARANTEE AND LOAN FUND RESCISSION

The conference agreement includes a general provision, which 

rescinds unobligated balances, excluding amounts necessary for the 

costs of potential defaults, associated with the medical facilities 

guarantee and loan fund within the Health Resources and Services 

Administration. 

SMALLPOX VACCINE INJURY COMPENSATION RESCISSION

The conference agreement includes a general provision, which 

rescinds $20,000,000 in unobligated balances from amounts appropriated in P.L. 108–11 under the heading ‘‘Public Health and Social 

Services Emergency Fund’’, the smallpox compensation program. 

The conferees understand that the remaining unobligated balances 

in the program will be sufficient to cover claims anticipated with 

at least 200,000 more smallpox vaccinations. 

C.W. BILL YOUNG CENTER FOR BIODEFENSE AND EMERGING

INFECTIOUS DISEASES

The conference agreement includes a general provision naming 

the Center for Biodefense and Emerging Infectious Diseases (Building 33) at the National Institutes of Health, the C.W. Bill Young 

Center for Biodefense and Emerging Infectious Diseases. 

TITLE III—DEPARTMENT OF EDUCATION 

EDUCATION FOR THE DISADVANTAGED

The conference agreement includes $14,963,683,000 for Education for the Disadvantaged instead of $15,515,735,000 as proposed by the House and $15,500,684,000 as proposed by the Senate. 

1209 

For Grants to Local Educational Agencies (LEAs) the agree- ment provides $12,842,309,000 instead of $13,342,309,000 as proposed by the House and $13,457,607,000 as proposed by the Senate. The conference agreement includes $7,037,592,000 for basic 

grants and $1,365,031,000 for concentration grants. The agreement 

also includes $2,219,843,000 for targeted grants, and 

$2,219,843,000 for education finance incentive grants. Concentration grants, targeted grants, and incentive grants are all provided 

on an advance-funded basis. 

The House proposed $7,037,592,000 for basic grants, $1,365,031,000 for concentration grants, $2,469,843,000 for targeted grants and $2,469,843,000 for education finance incentive 

grants. The Senate bill proposed $7,104,447,000 for basic grants, 

$1,365,031,000 for concentration grants, $2,231,954,000 for targeted grants, and $2,756,175,000 for education finance incentive 

grants. 

The conference agreement includes language proposed by the Senate allowing $1,000,000 of title I evaluation funding to be used 

to provide technical assistance to States and school districts regarding the title I program. The conference agreement does not include language proposed by the Senate for a supplemental appropriation to States that received less in fiscal year 2004 than they 

received in fiscal year 2003. 

The conferees believe that states should utilize their four percent school improvement set-aside funds, estimated at 

$514,000,000 in fiscal year 2005, to support implementation of comprehensive school reform (CSR) models with demonstrated success. 

The conferees are aware that recent evaluations of the CSR program conducted by the Department of Education show that schools 

utilizing comprehensive school reforms are more likely to offer professional development for all teachers and to engage in researchbased reform. The conferees strongly urge States to examine methods for distributing school improvement funds that will result in 

awards of sufficient size and scope to support the initial costs of 

comprehensive school reforms and to limit funding to programs 

that include each of the reform components described in section 

1606(a) of the No Child Left Behind Act of 2001 and have the capacity to improve the academic achievement of all students in core 

academic subjects within participating schools. The conferees urge 

states to express a clear competitive preference for CSR programs 

that have been shown through scientifically based research to be 

effective, and that are supported by organizations capable of assisting multiple schools and districts. 

The conference agreement includes $226,910,000 for the Even 

Start program as proposed by the House. The Senate did not propose funding for this program. 

The conference agreement also includes $1,050,000,000 for 

Reading First State Grants instead of $1,125,000,000 as proposed 

by the House and $1,062,000,000 as proposed by the Senate. It also 

includes $105,000,000 for Early Reading First instead of 

$132,000,000 as proposed by the House and $110,000,000 as proposed by the Senate. 

The conference agreement includes $25,000,000 for Striving 

Readers as proposed by the Senate instead of $100,000,000 as proVerDate Aug 04 2004 07:33 Dec 01, 2004 Jkt 096906 PO 00000 Frm 01213 Fmt 6601 Sfmt 6601 E:\HR\OC\HR792.XXX HR792
1210 

posed by the House. Striving Readers will make competitive grants 

to develop, implement, evaluate and bring to scale reading interventions for middle- or high-school students who are reading significantly below grade level, prioritizing services to those schools 

and districts with one or more high or middle schools that include 

a significant number of students reading below grade level. The 

conferees recognize that both middle and high schools have significant needs, and direct the Secretary to ensure that awards are balanced between these two grade spans, and are of sufficient size and 

scope to allow for meaningful change that improves student 

achievement. In addition, the conferees direct the Institute of Education Sciences to work with the Secretary to create a competitive 

preference system whereby schools would receive priority for 

awards by agreeing to participate in randomized research studies. 

One potential system would entail funding schools in pairs, where 

at random one school would receive a new program immediately 

and the other would receive it a year later, thereby creating conditions conducive to randomized controlled studies. 

The conference agreement also includes $19,842,000 for Literacy through School Libraries as proposed by the House instead 

of $22,842,000 as proposed by the Senate. 

The conference agreement includes $50,000,000 for the neglected and delinquent program instead of $48,395,000 as proposed 

by the House and $52,000,000 as proposed by the Senate. 

The conference agreement does not include $100,000,000 for a 

new local school improvement program proposed by the Senate. 

The conference agreement includes $207,000,000 for comprehensive school reform instead of $80,000,000 as proposed by the 

House and $233,613,000 as proposed by the Senate. The conferees 

intend that $7,050,000 be made available for quality initiatives as 

authorized in section 1608 of ESEA. The conferees also request 

that the Department submit a letter report no later than May 30, 

2005 that identifies those states that have not complied with the 

statutory requirement for an annual evaluation of the implementation of comprehensive school reforms and describes the steps the 

Department will take to ensure that such evaluations are meaningful, rigorous and timely. 

The conference agreement also includes $18,888,000 for the migrant education high school equivalency program as proposed by 

the Senate instead of $22,545,000 as proposed by the House. 

IMPACT AID

The conference agreement includes $1,253,893,000 for the Impact Aid programs instead of $1,250,893,000 as proposed by the 

House and $1,229,527,000 as proposed by the Senate. Within this 

amount, $1,083,687,000 is provided for basic support payments as 

proposed by the House instead of $1,063,687,000 as proposed by 

the Senate and $63,000,000 is provided for payments for Federal 

property as proposed by the House instead of $61,634,000 as proposed by the Senate. The conference agreement includes language 

proposed by the House regarding eligibility for school districts that 

enroll children whose parents have died or been deployed on active 

duty. The conference agreement includes $48,936,000 for construcVerDate Aug 04 2004 07:33 Dec 01, 2004 Jkt 096906 PO 00000 Frm 01214 Fmt 6601 Sfmt 6601 E:\HR\OC\HR792.XXX HR792
1211 

tion programs instead of $45,936,000 as proposed by both the 

House and the Senate. The agreement also includes the following: 

Fairbanks North Star Borough, Fairbanks, AK, for relocation of the 

district’s kitchen facilities .................................................................. $2,000,000 

White River School District 47–1, Mellette County, SD ..................... 1,000,000 

SCHOOL IMPROVEMENT PROGRAMS

The conference agreement includes $5,664,977,000 for School Improvement Programs instead of $5,661,401,000 as proposed by 

the House and $5,730,632,000 as proposed by the Senate. The 

agreement provides $4,229,977,000 in fiscal year 2005 and 

$1,435,000,000 in fiscal year 2006 funding for this account. The conference agreement includes $2,940,126,000 for State grants for improving teacher quality instead of $2,950,000,000 as 

proposed by the House and $2,975,126,000 as proposed by the Senate. 

The conference agreement includes $180,000,000 for math and science partnerships instead of $269,115,000 as proposed by the 

House and $200,000,000 as proposed by the Senate. In light of the 

tremendous overlap in math and science goals and objectives between the math and science partnership program and the Advanced Placement (AP) initiatives, grantees are encouraged to incorporate AP training into their proposals. As in the math and 

science program, the AP professional development initiative focuses 

on increasing teachers’ math and science content understanding to 

help them meet the highly qualified criteria required under the Elementary and Secondary Education Act as amended by the No 

Child Left Behind Act of 2001. The AP professional development 

initiative supports teachers’ content development so that all students, regardless of whether or not they take AP, will receive rigorous, challenging math and science instruction. The AP math and 

science initiative has the primary objective of increasing the number of AP opportunities, AP participation rates, and post-secondary 

acceptance and success rates for disadvantaged students. 

The conference agreement includes $200,000,000 for the education block grant instead of $20,000,000 as proposed by the House. 

The Senate did not propose funding for this activity. The agreement also includes $500,000,000 for education technology state 

grants instead of $600,000,000 as proposed by the House and 

$691,841,000 as proposed by the Senate. The agreement also includes $999,070,000 for the 21st Century Community Learning 

Centers program as proposed by the House instead of 

$1,007,000,000 as proposed by the Senate. The agreement also includes $415,000,000 for State assessments instead of $410,000,000 

as proposed by the House and $420,000,000 as proposed by the 

Senate. The agreement also includes language proposed by the 

House stating that the amount made available in the fiscal year 

2004 bill for state assessments shall not be less than $390,000,000. 

The agreement also includes language proposed by the House stating that notwithstanding any across-the-board reductions, the 

amount available for state assessments in fiscal year 2005 shall not 

be less than $400,000,000. 

The conference agreement includes $11,111,000 for the Javits 

gifted and talented program as proposed by the House instead of 

1212 

$12,111,000 as proposed by the Senate. The agreement also includes $18,000,000 for the foreign language assistance program instead of $19,000,000 as proposed by the Senate. The House did not 

propose funding for this program. The conference agreement also 

includes $63,000,000 for education for homeless children instead of 

$70,000,000 as proposed by the House and $62,000,000 as proposed 

by the Senate. 

The conference agreement includes $34,500,000 for the Education of Native Hawaiians instead of $36,000,000 as proposed by 

the Senate and $33,302,000 as proposed by the House. The agreement also includes language notwithstanding any other provision 

of law to allow funds under this program to be used for construction, renovation and modernization of any elementary school, secondary school, or structure related to an elementary school or secondary school run by the Department of Education of the State of 

Hawaii that serves a predominantly Native Hawaiian student body 

as proposed by the Senate. The conferees direct that no less than 

$1,000,000 shall be made available for early childhood activities, no 

less than $1,000,000 shall be made available to the Hawaii Department of Education for school construction/renovation activities, and 

$600,000 shall be made available for the University of Hawaii law 

school’s Native Hawaiian legal center. 

The conference agreement includes $34,500,000 for the Alaska 

Native Educational Equity program instead of $36,000,000 as proposed by the Senate and $33,302,000 as proposed by the House. 

The agreement also includes language notwithstanding any other 

provision of law to allow funds under this program to be used for 

construction, as proposed by the Senate, and directing the Department in use of these funds in specific locations in Alaska. 

The conference agreement includes $172,000,000 for rural education programs, instead of $167,831,000 as proposed by the House 

and $175,000,000 as proposed by the Senate. 

The conference agreement also includes $18,330,000 for supplemental education grants to the Federated States of Micronesia 

(FSM) and the Republic of the Marshall Islands (RMI), in accordance with the Compact of Free Association Amendments Act of 

2003, as proposed by the House instead of $17,214,000 as proposed 

by the Senate. The agreement also includes language allowing up 

to five percent of the grants to be reserved by the FSM and RMI 

to provide technical assistance, oversight and consultancy services 

and to allow the Departments of Labor, HHS and Education to be 

reimbursed for these services. The conference agreement does not 

include a provision relating to eligibility for individuals in the Republic of Palau as proposed by the Senate. 

INNOVATION AND IMPROVEMENT

The conference agreement includes $1,101,454,000 for programs in the Innovation and Improvement account, instead of 

$669,936,000 as proposed by the House and $1,144,346,000 as proposed by the Senate. 

The conference agreement includes $20,500,000 for the National Writing Project instead of $17,894,000 as proposed by the 

House and $24,000,000 as proposed by the Senate. 

1213 

The conference agreement includes $120,000,000 for the Teaching of Traditional American History as proposed by the Senate. The 

House did not propose funding for this activity. The conferees direct the Department to continue its current policy of awarding 3- 

year grants. The conference agreement includes $15,000,000 for school lead- ership as proposed by the House instead of $16,000,000 as proposed 

by the Senate. The conference agreement includes $17,000,000 for 

advanced credentialing activities as proposed by the Senate instead 

of $18,391,000 as proposed by the House. The conference agreement includes $37,279,000 for credit enhancement for charter schools as proposed by the Senate instead 

of $50,000,000 as proposed by the House. 

Fund for the Improvement of Education (FIE) 

The conference agreement includes $417,418,000 for the Fund 

for the Improvement of Education. 

Within the total for FIE, the conference agreement includes 

funding for the following activities in the following amounts: 

Reading is Fundamental ....................................................................... $25,500,000 

Star Schools ............................................................................................ 21,000,000 

Ready to Teach ....................................................................................... 14,406,000 

Exchanges with Historic Whaling and Trading Partners .................. 8,700,000 

Arts in Education ................................................................................... 35,920,000 

Parental Assistance Information Centers ............................................ 42,224,000 

Excellence in Economics Education Act ............................................... 1,500,000 

Women’s Educational Equity ................................................................ 2,980,000 

Teacher Quality initiatives ................................................................... 9,500,000 

CSR clearinghouse ................................................................................. 1,500,000 

Facilities clearinghouse ......................................................................... 700,000 

Foundations for Learning grants ......................................................... 1,000,000 

Mental Health Integration in Schools .................................................. 5,000,000 

Peer Review ............................................................................................ 25,000 

For Arts in Education, the conferees intend that within this 

total, $7,500,000 is for Very Special Arts, $6,420,000 is for the John 

F. Kennedy Center for the Performing Arts. In addition, $8,000,000 

is for model professional development programs for music, drama, 

dance and visual arts educators and $500,000 is for evaluation activities, as outlined by the Senate. The remaining $13,500,000 is 

available to continue model arts programs, including a new grant 

competition. 

The conferees expect that the Office of Safe and Drug-Free 

Schools will administer the mental health integration grants program. 

While the conferees applaud the Department’s efforts to help 

students learn foreign languages, they remain concerned that the 

Department, using data provided by the e-Language Learning System (eLLS), is developing web-based learning products that could 

be used in direct competition with the private sector. The conferees 

understand that, based on the President’s budget request, the Department had no plans to continue this project in fiscal year 2005. 

However, the conference agreement includes funds for the Star 

Schools program, which has been the source of funds for this activity. Therefore, the conferees direct the Department not to fund any 

grant that will compete directly with the private sector and further 

direct the Department to report to the Committees on AppropriaVerDate Aug 04 2004 07:33 Dec 01, 2004 Jkt 096906 PO 00000 Frm 01217 Fmt 6601 Sfmt 6601 E:\HR\OC\HR792.XXX HR792
1214 

tions of the House and Senate on the activities undertaken with 

federal funds by the e-Language Learning System and their impact 

on the private sector. The conferees expect to receive this report no 

later than April 15, 2005. The conferees further direct the Department to notify the House and Senate Appropriations Committees 

15 days prior to any Department expenditures regarding the eLLS 

project. 

The conferees direct the Department to implement the Act consistent with their intent, as reflected above, and request an implementation plan to be submitted to the House and Senate Committees on Appropriations within 30 days of enactment of the Department of Education Appropriations Act, 2005. To the extent that the 

Department wishes to reprogram funds in order to address other 

activities or alter the allocation of funds for activities listed in the 

chart above, the conferees expect the Department to follow the 

guidance provided in this statement of the managers. 

The conferees concur that the Secretary shall notify States that 

schools that will not receive continuing comprehensive school reform awards with fiscal year 2005 funds shall receive priority for 

targeted grants and/or technical assistance under section 1003(a) of 

ESEA. 

Within the total for FIE, the following amounts are also provided: 

Reach Out and Read .............................................................................. $10,000,000 

Abaertern Academy, Bozeman, MT to support distance learning ..... 500,000 

Abbotsford School District, WI, for after school programs ................. 250,000 

Abilene Christian University, Abilene, TX for reading instruction to 

children from local school districts ................................................... 100,000 

Academy of Fine Arts, Lynchburg, VA for programming, exhibits, 

and outreach ....................................................................................... 50,000 

Academy of Urban School Leadership, Chicago, IL, for the Chicago 

Academy and Chicago Academy High School, including resident 

stipends ............................................................................................... 600,000 

Access Living, Chicago, for continuation of educational and education access programs for youth with disabilities .......................... 500,000 

AFI Silver Theatre and Cultural Center to expand the Screen Education Program in Maryland ............................................................. 100,000 

AFSA Education Foundation, Washington DC, for MoneySKILL ..... 200,000 

Afterschool Alliance, Flint, MI, to develop and disseminate model 

practices and provide technical assistance for after school programs ................................................................................................... 150,000 

Akron Zoological Park, Akron, OH for educational programs ........... 200,000 

Alabama School of Math and Science, Mobile, AL for a computer 

lab ........................................................................................................ 100,000 

Alabama School of Mathematics and Science, Mobile, AL for curriculum development and training ................................................... 40,000 

Alabama Sports Hall of Fame, Birmingham, AL to expand student 

outreach programs and promote good sportsmanship .................... 35,000 

Alachua County, Gainesville, FL, for an at-risk youth development 

initiative .............................................................................................. 100,000 

Alaska Educational Services in Anchorage, AK for its Youth Summer Challenge Program ..................................................................... 475,000 

Alaska Hospitality Alliance Education Foundation, Anchorage, AK 

for high school hospitality industry training programs .................. 100,000 

Alaska Humanities Forum, Anchorage, AK to produce and deliver 

an Alaskan history curriculum and to train teachers throughout 

Alaska in its use ................................................................................. 600,000 

Alaska Online Consortium in Delta Junction, AK for middle school 

writing math courses for online delivery across Alaska ................. 300,000 

Alaska SeaLife Center in Seward, AK for a Marine Ecosystems 

Education Program ............................................................................ 250,000 

1215 

Albuquerque Public Schools, Albuquerque, NM to improve the 

teaching of math and science ............................................................ 750,000 

Alhambra Unified School District, Alhambra, CA, for after-school 

and other academic programs at Mark Keppel High School .......... 40,000 

All Kinds of Minds Schools Attuned Teacher Training, Chapel Hill, 

NC for teacher training ..................................................................... 1,000,000 

All Kinds of Minds, Chapel Hill, NC for the Schools Attuned Teacher Training Program in North Texas ............................................... 250,000 

Allegheny County Housing Authority, Pittsburgh, PA, for an after 

school program ................................................................................... 100,000 

Allens Lane Art Center, Philadelphia, PA, for scholarships for lowincome children to participate in summer camp and art classes 50,000 

Allentown Art Museum, Allentown, PA, for arts education ............... 75,000 

American Film Institute, Los Angeles, CA, for its Screen Education 

program ............................................................................................... 1,250,000 

American Foundation for Negro Affairs (AFNA) National Education 

and Research Fund, Philadelphia, PA, to raise the achievement 

level of minority students and increase minority access to higher 

education ............................................................................................. 650,000 

American Red Cross, Bronx Service Center, Bronx, NY, for mentoring and after school programs ...................................................... 50,000 

American Society of Educators, Philadelphia, PA, for teacher and 

administrator professional development .......................................... 50,000 

American Theater Arts for Youth, Inc., Philadelphia, PA, for an 

arts in education program ................................................................. 75,000 

American Theater Arts for Youth, Philadelphia, PA for Mississippi 

Arts in Education ............................................................................... 150,000 

Americana Community Center, Inc., Louisville, KY, for after school 

programs ............................................................................................. 53,000 

AMISTAD America, Inc., New Haven, CT, for education materials, 

education programs, and teacher professional development .......... 500,000 

An Achievable Dream, Newport News, VA for a research and training center, including teacher stipend scholarships ......................... 100,000 

Anchorage School District in Anchorage, AK to implement the 

PLATO Learning program ................................................................ 200,000 

Anchorage’s Promise of Anchorage, AK to implement America’s 

Promise child mentoring and support program in Anchorage ....... 100,000 

Anita M. Stone Jewish Community Center, Flossmoor, IL, for a 

computer technology initiative for youth ......................................... 100,000 

Annette Strauss Institute, Austin, TX, for a civics education project 85,000 

Annis Water Resources Institute, Grand Valley State University, 

Allendale, MI, for a hands-on, investigative science experience .... 250,000 

Anoka Technical College, Anoka, MN, for a Secondary Technical 

Education Program ............................................................................ 250,000 

Appleton Area School District, Appleton, WI for English Language 

instruction ........................................................................................... 12,000 

Arden Theatre Company, Philadelphia, PA, to expand education 

programs ............................................................................................. 50,000 

Arkansas State University, State University, AR, in collaboration 

with the University of Memphis, and the University of Mississippi, for the Delta Bridge Education project to provide professional development for teachers ........................................................ 750,000 

Armstrong School District, Ford City, PA, for an interactive instructional system .............................................................................. 50,000 

ART of Leadership Foundation, Birmingham, MI for mentoring 

programs ............................................................................................. 100,000 

Arthur Ashe Youth Tennis and Education, Philadelphia, PA for 

educational enrichment programs .................................................... 100,000 

Arts and Education In Concert, Centreville, VA, for arts education 100,000 

ArtsAlliance of Jackson and Hinds County, MS, for an arts based 

after school and summer outreach program .................................... 100,000 

Ashland City Schools, Ashland, OH for professional development ... 200,000 

Athens Area High School, Athens, PA, for a health and technology 

career program ................................................................................... 50,000 

Athens City Schools Foundation, Athens, AL, for the third grade 

violin music education program ........................................................ 10,000 

1216 

Auburn University at Montgomery, Montgomery, AL, for the Alabama Urban and Rural Student Citizenship and History Education Outreach Program for history education .............................. 50,000 

Ballet Theater Foundation, Inc., New York, NY, for the Make a 

Ballet program at the Waterside School, Stamford, CT ................. 100,000 

Baltimore City Board of School Commissioners, Baltimore, MD, for 

teacher recruitment, retention and professional development initiatives ................................................................................................ 240,000 

Baltimore City Public School System, MD, to restock public school 

libraries ............................................................................................... 200,000 

Banana Factory, Bethlehem, PA, for an arts and technology after 

school program ................................................................................... 25,000 

Bass Lake School District, CA, for music and art education programs ................................................................................................... 75,000 

Batelle for Kids, Columbus, OH for a multi-state effort to evaluate 

and learn the most effective ways for accelerating student academic growth ...................................................................................... 1,000,000 

Beaver County, PA, to implement educational programming for K– 

12 students, including safe and appropriate use of the Internet 200,000 

Bellefaire Jewish Children’s Bureau, Cleveland, OH for the Monarch School .......................................................................................... 500,000 

Bethany Education and Human Services Programs, Inc., Clearwater, FL for after school programs ................................................. 250,000 

Bethesda Children’s Home, Meadville, PA, for vocational education 

and prevention based services .......................................................... 50,000 

Big Brothers Big Sisters of Bucks County, Jamison, PA, for mentoring programs .................................................................................. 25,000 

Big Brothers Big Sisters of San Luis Obispo County, San Luis 

Obispo, CA, for mentoring at-risk youth .......................................... 80,000 

Big Brothers Big Sisters, Columbia, SC, for community-based and 

school-based mentoring programs ..................................................... 200,000 

Big Brothers/Big Sisters of Anchorage, Fairbanks and Southeast 

AK, in partnership with AK Department of Education, the Boys 

and Girls Club and Cook Inlet Tribal Council for a comprehensive mentoring program for at-risk children .................................... 300,000 

Boston History Collaborative, Boston, MA, for youth educational 

programs ............................................................................................. 50,000 

Boys & Girls Club of the Cheyenne River Sioux Tribe ...................... 200,000 

Boys & Girls Club of the Grand River Area ........................................ 150,000 

Boys & Girls Club of Whittier, Whittier, CA, for after school programs ................................................................................................... 150,000 

Boys & Girls Clubs of America, Atlanta, GA, for an education technology initiative for at-risk youth ..................................................... 500,000 

Boys and Girls Club of Greater Kansas City, Kansas City, MO for 

Project Learn ...................................................................................... 1,000,000 

Boys and Girls Club of the Northern Shenandoah Valley, Winchester, VA for after school programs .............................................. 72,000 

Boys and Girls Clubs, Springfield, for educational programs targeted toward at-risk students in partnership with the Springfield 

Public Schools ..................................................................................... 150,000 

BRIDGES USA, Inc., Memphis, TN, to develop and implement a 

middle school intervention program ................................................. 490,000 

Brigham Young University of Provo, UT for the Comprehensive 

Literacy Program to improve the literacy performance of low 

achieving students ............................................................................. 600,000 

Brooklyn Academy of Music, Brooklyn, NY, for K–12 education programs ................................................................................................... 490,000 

Broome County Early Childhood Coalition, Binghamton, NY, for its 

Building Brighter Futures for Broome early childhood training 

and mentoring program ..................................................................... 100,000 

Business Council, Inc., Stockton, CA, for its San Joaquin Reads 

Program .............................................................................................. 650,000 

CableLife Community Enrichment Corporation, Louisville, KY, for 

educational programs ......................................................................... 30,000 

California Institute of the Arts, Valencia, CA, for equipment for the 

Community Arts Partnership digital arts project for middle and 

high school students .......................................................................... 150,000 

1217 

California Professional Firefighters Foundation, Sacramento, CA, 

for development of an emergency preparedness curriculum and 

training materials for K–12 schools ................................................. 850,000 

Calumet Park School District 132, Calumet Park, IL, for staff development and instructional programs, including summer school 100,000 

Camp Fire USA of Alaska for an after school program in Anchorage, AK ................................................................................................ 100,000 

Canaan Community Development Corporation, Louisville, KY, for 

after school programs ........................................................................ 25,000 

Carnegie Hall, New York, NY, for the Isaac Stern Education Legacy project ........................................................................................... 1,450,000 

Carnegie Science Center, Pittsburgh, PA for education programs 

for teachers and students as part of the Pittsburgh International 

Science and Technology Festival ...................................................... 50,000 

Carnegie Science Center, Pittsburgh, PA, to develop a Final Frontier exhibit .......................................................................................... 75,000 

Carson City Public School District, Carson City, NV for an English 

Instruction Program ........................................................................... 419,000 

Center for Advancing Partnerships in Education (CAPE), Allentown, PA, for distance learning programs and technology upgrades .................................................................................................. 200,000 

Center for Houston’s Future, in collaboration with the Greater 

Houston Collaborative for Children, Houston, TX for improving 

the quality of early education programs through the Preschool 

for ALL program ................................................................................ 200,000 

Center for Jewish History, New York, NY, for education programming on Jewish history and technology upgrades ........................... 100,000 

Central Alabama Community College, Alexander City, AL for 

scholarships ........................................................................................ 150,000 

Central Pennsylvania Institute of Science and Technology, Pleasant Gap, PA, for curriculum development ....................................... 100,000 

CESA 9, WI, for after school programs ................................................ 1,000,000 

Challenger Learning Center for Science and Technology, Woodstock, IL for an education program .................................................. 200,000 

Challenges, Choices and Images Literacy and Technology Learning 

Center, Aurora, CO for educational programs ................................. 75,000 

Champions of Caring, Villanova, PA, to develop and disseminate 

the Journey of a Champion curriculum focusing on character 

education ............................................................................................. 25,000 

Charter School Development Corporation in Las Vegas, NV to focus 

on technology and college preparation ............................................. 1,000,000 

Charter School Institute, Philadelphia, PA for the Shipyard Industrial Charter High School .................................................................. 200,000 

Chesapeake Bay Foundation, Annapolis, MD in cooperation with 

the Living Classrooms Foundation, Baltimore MD, for educational programming ........................................................................ 250,000 

Chicago Academy in Illinois in cooperation with the Chicago Public 

Schools for a teacher training initiative ........................................... 200,000 

Chicago Public Schools, Chicago, IL, for after school programs ........ 225,000 

Chicago Public Schools, Chicago, IL, for its career academies enhancement project .............................................................................. 340,000 

Chicago Public Schools, Chicago, IL, for its Child-Parent Center 

Program .............................................................................................. 600,000 

Children’s Chorus of Maryland, Inc., Towson, MD, for a music education initiative in Prince George’s County, Maryland ................... 100,000 

Children’s Coalition, Inc., West Palm Beach, FL, for equipment and 

technology to enable at-risk youth to participate in the Veteran’s 

History Project .................................................................................... 160,000 

Children’s Home and Aid Society of Illinois, Chicago, IL, for development of one or more community schools, including case management, academic, enrichment and support services .................... 125,000 

Children’s Land Alliance Supporting Schools (CLASS), American 

Fork, UT for continued research ....................................................... 300,000 

Children’s Literacy Initiative, Philadelphia, PA, to improve the 

reading readiness and early literacy of children in high-poverty 

communities by providing professional development to teachers 

and principals ..................................................................................... 150,000 

1218 

Children’s Museum at LaHabra, CA, for a Hands On English Program .................................................................................................... 120,000 

Chippewa Falls School District, WI, for after school programs ......... 300,000 

Cincinnati Zoo and Botanical Garden, Cincinnati, Ohio, for educational programs ............................................................................... 250,000 

Citrus County School Board, Inverness, FL, for staff development 

and training ........................................................................................ 60,000 

City College of New York, New York City, NY, for the Nuestra 

Herencia family literacy program ..................................................... 100,000 

City of Bell Gardens, Bell Gardens, CA, for computers and software 

to serve low-income youth ................................................................. 35,000 

City of Brea, CA, for after school programs ........................................ 123,000 

City of Dallas, Dallas, TX, for after school programs ......................... 525,000 

City of East Palo Alto, CA, for after-school activities for at-risk 

youth ................................................................................................... 100,000 

City of Fairfield, Fairfield, CA, for after school programs ................. 600,000 

City of Lynwood, Lynwood, CA, for after school programs ................ 165,000 

City of Macon, Macon, GA, to support after school programs at 

area elementary schools .................................................................... 100,000 

City of Oak Ridge, Oak Ridge, TN for integrating math, science 

and technology disciplines at Oak Ridge High School .................... 200,000 

City of Orlando Science Center in Orlando, FL for exhibits and 

education on the hydrogen economy ................................................. 100,000 

City of Palmdale, Palmdale, CA, for after school programs ............... 100,000 

City of Pomona, Pomona, CA, in conjunction with the Pomona Unified School District, for after school and weekend academic enrichment programs ............................................................................. 140,000 

City of Portsmouth, Portsmouth, VA, for after school programs ....... 115,000 

City of Providence, Providence, RI, for the family literacy campaign, Providence Reads! ................................................................... 100,000 

City of San Diego, CA for the 6 to 6 Extended Day Program ............ 100,000 

City of St. Charles, MO for the St. Charles Foundry Arts Center 

in support of arts education .............................................................. 780,000 

City of Stockton, Stockton, CA, for after school programs ................. 328,000 

City School District of New Rochelle, New Rochelle, NY, for after 

school and summer school programs, faculty professional development, and parent education workshops ....................................... 425,000 

City Schools of Decatur, Decatur, GA, to implement the International Baccalaureate Program in selected schools ...................... 14,000 

City Year New Hampshire, Stratham, NH to expand out-of-school 

programs for at-risk kids ................................................................... 250,000 

Clarion County Career Center, Shippenville, PA for curriculum development ............................................................................................ 100,000 

Clark County Public Education Foundation, NV, for the Global 

Learning Village ................................................................................. 150,000 

Clark County School District, Las Vegas, NV, for equipment ........... 500,000 

Clark County School District, Las Vegas, NV, for its Alternative 

Drop Out Prevention Program .......................................................... 390,000 

Clark County School District, Las Vegas, NV, to implement the Advancement Via Individual Determination (AVID) Program at selected school sites ............................................................................... 200,000 

Clark County School District, NV, for a dropout prevention program .................................................................................................... 200,000 

Clark County School District, NV, for curriculum development on 

the study of mariachi music .............................................................. 25,000 

Clarke County Public Schools, Berryville, VA for foreign language 

programs in D.G. Cooley Elementary School in Berryville, 

Berryville Primary School in Berryville, and Boyce Elementary 

School in Boyce, VA ........................................................................... 100,000 

Clarkstown Central School District, New City, NY, for a multimedia center, technology and curricula ........................................... 125,000 

Clayton School District, WI, for after school programs ...................... 200,000 

Clemson University, Clemson, South Carolina, for Call Me Mister 

program ............................................................................................... 250,000 

Cleveland Botanical Garden, Cleveland, OH for the One to One 

Thousand project ................................................................................ 150,000 

Cleveland Institute of Music, Cleveland, OH, for distance education 350,000 

1219 

Cleveland Metroparks Zoo, Cleveland, OH for educational programs ................................................................................................... 250,000 

Cleveland Museum of Art, Cleveland, OH for education through 

the arts ................................................................................................ 650,000 

Cleveland Play House, Cleveland, OH for educational programs ..... 200,000 

Clovis Unified School District, CA, for Career-Focused Instructional 

Lab Models ......................................................................................... 100,000 

COA Youth and Family Centers in Milwaukee, WI for the Home 

Instruction for Parents of Preschool Youngsters (HIPPY) program .................................................................................................... 200,000 

Coahoma Community College Workforce Development Center, 

Clarksdale, MS for the STEP-UP Program ..................................... 100,000 

Cobbs Creek Environmental Education Center, Inc., Philadelphia, 

PA, to support environmental education programs for high school 

students ............................................................................................... 100,000 

College Summit, Inc., Washington DC for expansion of pilot sites 1,000,000 

Colorado Charter Schools Institute, Denver, CO for educational 

programs ............................................................................................. 100,000 

Columbus Public Schools, Columbus, OH, for the Attaining 

Achievement through Technology project ........................................ 150,000 

Communities in Schools—Bell-Coryell Counties, Inc., Killeen, TX, 

for education services for at-risk youth ............................................ 300,000 

Communities in Schools Dallas, Inc., Dallas, TX, for case management, academic and social services for at-risk students ................. 475,000 

Communities in Schools of East Texas, Inc., Marshall, TX, for services for at-risk students ..................................................................... 475,000 

Communities in Schools of Northeast Texas, Pflugerville, TX, for 

services for at-risk students .............................................................. 325,000 

Communities in Schools of San Antonio, San Antonio, TX, to implement its Stay-in-School program in Bexar County, TX .................. 300,000 

Communities in Schools of Virginia, Richmond, VA, to help students achieve academic success, particularly those at risk of 

school failure ...................................................................................... 100,000 

Communities in Schools, Alexandria, VA, for national program activities to coordinate community resources to help youth stay in 

school ................................................................................................... 1,200,000 

Community Arts Program, Chester, PA for arts education ............... 100,000 

Community College of Baltimore County, Baltimore, MD, for its 

Closing the Gap college preparation and retention initiative for 

minority students, including student scholarships ......................... 320,000 

Community Consolidated School District 168, Sauk Village, IL, for 

education services for at-risk students ............................................. 100,000 

Community Economic Empowerment Corporation, Louisville, KY, 

for a childcare development center ................................................... 60,000 

Community Foundation of Louisville, Louisville, KY for educational 

programs ............................................................................................. 60,000 

Community Music School of Collegeville, Trappe, PA for music education ................................................................................................... 100,000 

Community of Caring, Salt Lake City, UT, to support a National 

Office, in partnership with the University of Utah, and to provide staff and program support ......................................................... 500,000 

Community Service Society of New York, NY, for the Experience 

Corps Project, including volunteer stipends, to provide literacy 

and educational services to students ................................................ 300,000 

Compassion Coalition, Utica, NY for after school programs .............. 75,000 

Congreso De Latinos Unidos, Philadelphia, PA for education programs for adjudicated adolescents ages 13–18 ................................ 100,000 

Connecticut Humanities Council, Middletown, CT, to implement 

the Motheread/Fatheread family literacy program ......................... 100,000 

Connecticut International Baccalaureate Academy, East Hartford, 

CT, for a Spanish Studies Program and a Library of International Studies ................................................................................. 400,000 

Cooperative Education Service Agency 8, Gillett, WI, for staff development, training and technology ................................................. 75,000 

Cornell School District, WI, for after school programs ....................... 250,000 

Corridor Community Charter School, Bennett, CO for educational 

programs ............................................................................................. 100,000 

1220 

COSI (Ohio Center of Science and Industry), Columbus, OH, for 

professional development .................................................................. 100,000 

Council for America’s First Freedom, Richmond, VA, to expand its 

educational programs ......................................................................... 100,000 

Cray Youth and Family Services, New Castle, PA, for mentoring 

initiatives and program support for disadvantaged youth ............. 25,000 

Creative Visions in Des Moines, IA for outreach to at-risk youth ..... 100,000 

Crispus Attucks Association, Inc., York, PA for education programs 

for high-risk, low-income youth ........................................................ 100,000 

Crispus Attucks YouthBuild Charter School, York, PA, for a school 

readiness initiative ............................................................................. 50,000 

Crispus Attucks YouthBuild Charter School, York, PA, for training 

and stipends ....................................................................................... 50,000 

Cumberland School District, WI, for after school programs .............. 200,000 

Cuyahoga County Board of County Commissioners, Cleveland, OH 

for an early childhood initiative ........................................................ 400,000 

Daytop Village of New Jersey, Mendham, NJ for educational programs ................................................................................................... 500,000 

Delaware Valley Historical Aircraft Association, Willow Grove, PA, 

for education programs ...................................................................... 75,000 

Delta Regional Partnership, Rosedale, MS for the Delta Education 

Partnership Online Assessment and Interactive Accountability 

Instructional Program to improve student achievement ................ 200,000 

Delta-School Craft Intermediate School District in Escanaba, MI 

for educational programs in the global economy ............................. 500,000 

Denison Independent School District, Denison, TX, for a Help One 

Student to Succeed (HOSTS) Reading Centered School Program 300,000 

Denton Independent School District, Denton, TX for English language program .................................................................................... 250,000 

Denver Public Schools Foundation, Denver, CO for Lights On After 

School programs ................................................................................. 250,000 

DePaul School, Louisville, KY, for computer equipment .................... 50,000 

Des Moines Community School District and Urban Dreams, Des 

Moines, IA, to continue a demonstration on full service community schools ......................................................................................... 300,000 

Des Moines Community School District to expand pre-kindergarten 

programs ............................................................................................. 250,000 

Detroit Lakes Community Center, Detroit, MN, for K–12 education 

programs ............................................................................................. 300,000 

Diamond Bar Center, Diamond Bar, CA, for Children’s Programs 257,000 

Dinwiddie County Public School, Dinwiddie, VA, for equipment ...... 150,000 

Director’s Council of Des Moines, IA, to coordinate youth services 250,000 

Discovery Center of Science and Technology, Bethlehem, PA, for 

educational programs and exhibits that will demonstrate best 

practices for teaching science ............................................................ 100,000 

DoubleTake Community Service Corporation, Somerville, MA, for 

documentary curriculum development for public school students 100,000 

Dougherty County Public Schools, Albany, GA, for a parent-teacher 

communications system ..................................................................... 225,000 

Eastchester Union Free School District, Eastchester, NY, for after 

school programs and technology ....................................................... 200,000 

Edinboro University, Edinboro, PA, for a Student Achievement Gap 

Study ................................................................................................... 125,000 

EdSolutions, Inc., Nashville, TN, for an After School Learning Program Pilot ........................................................................................... 500,000 

Education Leaders Council, Washington, D.C., to expand the Following the Leaders project in Iowa ................................................... 3,000,000 

Education Leaders Council, Washington, DC, for the Following the 

Leaders project ................................................................................... 5,000,000 

Education Leaders Council, Washington, DC, for the Following the 

Leaders project in the State of Tennessee ....................................... 500,000 

Education Leaders Council, Washington, DC, for the Following the 

Leaders project program in Alaska .................................................. 1,000,000 

Education Service Center, Region 12, Hillsboro, TX, for a GEAR 

UP college preparedness program .................................................... 500,000 

Endeavor Academy in Titusville, FL for math and science initiatives ..................................................................................................... 100,000 

1221 

Envision Schools, San Francisco, CA, for the City Arts and Technology High School ............................................................................. 250,000 

Ephrata Performing Arts Center, Ephrata, PA, to develop a music 

and arts education summer school program .................................... 25,000 

Erie Art Museum, Erie, PA, for curriculum development and educational outreach ................................................................................ 75,000 

Erie Civic Theatre Association, Erie, PA, for outreach and education programs for school students at the Erie Playhouse ........... 25,000 

Erie Philharmonic, Erie, PA, for music education .............................. 25,000 

ESF, Inc., Bryn Mawr, PA, for the after school and summer school 

programs ............................................................................................. 50,000 

Everybody Wins, NY, NY, for childhood literacy programs ............... 1,000,000 

Exploratorium, San Francisco, CA, for an initiative to integrate 

science, mathematics and technology education into after school 

programs ............................................................................................. 250,000 

Fairbanks North Star Borough School District in Fairbanks, AK for 

the PLATO Learning system ............................................................ 100,000 

Fairbanks North Star Borough School District, Fairbanks, AK, for 

the 4 R (Reading, Reasoning, Relationships and Relevance) Children’s program ................................................................................... 200,000 

Fairfax County Public Schools, Fairfax VA, for the Emergency 

Medical Services Academy ................................................................ 50,000 

Fairfax County Public Schools, Fairfax, VA for Chinese language 

programs in Franklin Sherman Elementary School and 

Chesterbrook Elementary School in McLean, Virginia ................... 200,000 

Fairfax County Public Schools, Fairfax, VA for the Enterprise 

School .................................................................................................. 80,000 

Fairfax County Public Schools, Fairfax, VA, for a Waterford Early 

Reading Project .................................................................................. 100,000 

Fairfax County Public Schools, VA, for the Advancement Via Individual Determination Program at Glasgow Middle School and 

Stuart High School ............................................................................. 75,000 

Fairmont School District #89, Lockport, IL for technology, equipment and textbooks ............................................................................ 150,000 

Family Communications, Inc., Pittsburgh, PA, to develop the Girls 

and Math Science Pittsburgh Partnership ....................................... 100,000 

Family Life Center, Inc., Louisville, KY, for the St. Stephen’s Academy ...................................................................................................... 40,000 

Father Maloney’s Boy’s Haven, Louisville, KY, for an education 

program for children with special needs .......................................... 50,000 

Fayetteville Technical Community College, Fayetteville, North 

Carolina, for technology-training program for teachers .................. 250,000 

Fight to Learn After School Program, Philadelphia, PA, for after 

school programs .................................................................................. 50,000 

First Book, Washington, DC to provide books to disadvantaged 

children in Mississippi ....................................................................... 100,000 

First Gethsemane Center for Family Development, Louisville, KY, 

for education programs ...................................................................... 40,000 

Florida 4–H Foundation, Gainesville, FL, for youth/adult partnerships to strengthen civic engagement .............................................. 100,000 

Florida Learning Alliance, Inc., Tallahassee, FL, for a Collaborate 

with Florida Virtual School Project .................................................. 250,000 

Florida Orchestra, Inc., Tampa, FL, for an educational program ..... 250,000 

Florida State University, Tallahassee, Florida, for a Florida reading, math and science initiative ........................................................ 1,000,000 

Flossmoor School District 161, Chicago Heights, IL, to implement 

its Supporting Students with Appropriate Interventions program 

for junior high school students .......................................................... 100,000 

Education Leaders Council, Washington, DC, for for the Following 

the Leaders project in Clay County, WV and Roane County, WV 

school districts .................................................................................... 72,000 

Education Leaders Council, Washington, DC, for the Following the 

Leaders project to provide education and related services in 

schools in northern Rhode Island ..................................................... 100,000 

Folwell Neighborhood Association, Minneapolis, MN, for the City 

Kids Co-op Program ........................................................................... 475,000 

Fontana Teen Center, Fontana, CA, for after school programs ......... 320,000 

1222 

Forest Area High School, Tionesta, PA, for curriculum development 100,000 

Fort Worth Independent School District, Fort Worth, TX, for an 

English literacy initiative .................................................................. 100,000 

Foundation for the Improvement of Mathematics and Science Education, San Diego, CA, to implement the Blueprint for Student 

Success Project in San Diego City Schools ....................................... 450,000 

Franklin Park Conservatory, Columbus, OH, for an In-Service 

Training Program ............................................................................... 99,000 

Frederick County Public Schools, Virginia for Chinese language 

programs in James Wood High School in Winchester, Sherando 

High School in Stephens City, and Millbrook High School in Winchester, VA ......................................................................................... 25,000 

Freedoms Foundation at Valley Forge, Valley Forge, PA, for entrepreneurship education programs as part of the Free Enterprise 

Institute .............................................................................................. 100,000 

French and Indian War 250, Inc., Pittsburgh, PA, for educational 

programming and activities associated with commemorating the 

French and Indian War ..................................................................... 100,000 

Fresno Metropolitan Museum, CA, for the Mobile Science Project 100,000 

From the Top, Boston, MA for music education activities in Elgin, 

IL ......................................................................................................... 100,000 

Futures For Children, Albuquerque, NM to expand educational 

services for Native American children ............................................. 1,000,000 

Galena School District in Galena, AK to support operation of its 

boarding school for low performing Native students from remote 

villages across Western Alaska ......................................................... 500,000 

Gateway Cities Partnership, Inc., Paramount, CA, for the Math, 

Engineering, Science Achievement (MESA) enrichment program 50,000 

Georgia Project, Inc., Dalton, GA, for initiatives to assist English 

language learners, including teacher recruitment and professional development activities ............................................................ 300,000 

Gerda and Kurt Klein Foundation, Narbeth, PA, for character education, tolerance education and community service programs for 

high school students .......................................................................... 50,000 

Gila County Schools, Globe, AZ for educational programming .......... 500,000 

Gilman School District, WI, for after school programs ....................... 200,000 

Girl Scouts of Rhode Island, Inc., Providence, RI, for a character 

education and after school initiative for at-risk girls ...................... 200,000 

Girl Scouts of the USA, Washington DC for Fair Play ...................... 150,000 

Girls Today, Women Tomorrow, Los Angeles, CA, for after school 

programs ............................................................................................. 200,000 

Give Every Child A Chance, Manteca, CA, for educational enrichment services ...................................................................................... 300,000 

Glendale School District, Flinton, PA, for technology ........................ 50,000 

Go For Broke Educational Foundation, Gardena, CA, for curricula, 

materials, and teacher training to support instruction about segregated military units in World War II ............................................ 100,000 

GRAMMY Foundation, Santa Monica, CA for education programs 150,000 

Grantsburg School District, WI, for after school programs ................ 250,000 

Great Lakes Museum of Science Environment & Technology, Cleveland, OH, for science education programs ....................................... 550,000 

Great Projects Film Company, Inc., Washington, DC, to produce 

‘‘Educating America,’’ a documentary about the challenges facing 

our public schools ............................................................................... 50,000 

Greater Columbus Learning Center, Columbus, MS for literacy 

services ................................................................................................ 75,000 

Greater Philadelphia Urban Affairs Coalition, Philadelphia, PA, for 

its Junior Journalism Project ............................................................ 50,000 

Greater Sacramento Urban League, Sacramento, CA, for a dropout 

prevention program ............................................................................ 167,000 

Greenpoint Monitor Museum, Brooklyn, NY, to implement its 

‘‘Road Show’’ in New York City schools, and for related activities 50,000 

Groton Public School System, Groton, CT, for a learning center, 

teacher training and after school programming .............................. 100,000 

Gulf County School Board, Port St. Joe, FL, for health and physical 

education equipment .......................................................................... 100,000 

1223 

Harford County Board of Education, Aberdeen, MD, for the Math 

& Science Academy at Aberdeen High School ................................. 320,000 

Harrod’s Creek Community Development, Inc., Louisville, KY, for 

education programs ............................................................................ 25,000 

Haskins Laboratories, New Haven, CT, for the Haskins Early 

Reading Success Project for a mentor model of teacher professional development in reading instruction ....................................... 250,000 

Hastings-on-Hudson School District, Hastings-on-Hudson, NY, for 

teacher professional development ..................................................... 30,000 

Health Care Medical Technology, Pierre, SD, to develop interactive 

Internet-based health education software for K–12 students ........ 335,000 

Heartbeats to the City, Inc., Canton, OH for after school programs 150,000 

Heartland Regional Community Foundation, St. Joseph, Missouri, 

for technology, equipment and curriculum development for the 

emPower Plant program .................................................................... 400,000 

Helen Keller Worldwide, NY, for the ChildSight Vision Screening 

Program and to provide eyeglasses to children whose educational 

performance may be hindered because of poor vision ..................... 1,000,000 

Helping Energize and Rebuild Ourselves, Inc. (H.E.R.O.), Philadelphia, PA, for its after school program and community computer 

center ................................................................................................... 100,000 

Heritage Health Foundation Inc., Braddock, PA for early care and 

after school programs ........................................................................ 100,000 

Hesperia Unified School District, Hesperia, CA, for an after school 

program for middle school students ................................................. 100,000 

HighTechHigh-Los Angeles, Van Nuys, CA, for its technology education program ................................................................................... 390,000 

Hillsborough Community College, Tampa, FL, for its Information 

Technology, Instructional Technology, Innovative Teaching (IT3) 

Program to develop and implement a technology training program for K–12 teachers ..................................................................... 340,000 

Hispanic Committee of Virginia, Falls Church, VA for education 

programs ............................................................................................. 100,000 

Hollidaysburg Area School District, Hollidaysburg, PA, for an 

interactive instructional system ....................................................... 50,000 

Homeless Children’s Education Fund, Pittsburgh, PA, for technology and to develop educational programming for homeless 

children ............................................................................................... 25,000 

Homewood School District 153, Homewood, IL, for diversity training, and after school and mentoring initiatives ............................... 100,000 

Horton’s Kids, Inc., Washington, D.C., for education support and 

program expenses ............................................................................... 80,000 

Houston Independent School District, Houston, TX, to establish 

multi-purpose early childhood education centers ............................ 770,000 

Houtzdale Regional Police, Houtzdale, PA, to support improved student achievement through drug prevention activities .................... 25,000 

Hudson River Performing Arts Center in Weehawke, NJ for educational outreach programs ............................................................... 16,000 

Humphreys County Library System, Belzoni, MS for access and 

collections improvements ................................................................... 150,000 

Huntingdon College, Montgomery, AL, for training K–12 teachers 

in the use of education technology .................................................... 250,000 

I CAN LEARN Education Systems, New Orleans, LA, to implement 

its standards-based mathematics program in one or more school 

districts ............................................................................................... 500,000 

I CAN LEARN, New Orleans, LA ........................................................ 3,000,000 

I CAN LEARN, New Orleans, LA to install and implement its prealgebra and algebra educational software system in at least six 

additional schools in the Mississippi Delta ...................................... 2,000,000 

I Know I Can, Columbus, OH, for early college awareness programs ................................................................................................... 350,000 

Illinois Mathematics and Science Academy, Aurora, Illinois, for the 

21st Century Information Fluency Program .................................... 500,000 

Illinois State Board of Education, Springfield, IL, for Elgin U 46 

for professional growth opportunities ............................................... 350,000 

Illinois State Board of Education, Springfield, Illinois for Aurora 

East Unit School District #131 for career and technical studies 150,000 

1224 

Illinois State Board of Education, Springfield, Illinois for Community Unit School District #300 for school improvement .................. 150,000 

IN TUNE Foundation, Santa Monica, CA, for its Kids in Tune 

character education, music and arts education programs .............. 500,000 

Independence School District, Independence, MO, for before- and 

after-school programs ........................................................................ 350,000 

Inner Harmony Foundation, Scranton, PA for curriculum development .................................................................................................... 100,000 

Institute for Education and the Arts, Washington, DC, to extend 

the Institute’s K–12 education program ........................................... 200,000 

Institute for Educational Leadership, Washington, DC, for a Coalition for Community Schools project to facilitate the creation of 

community schools ............................................................................. 300,000 

Institute for Student Achievement, Lake Success, NY, for educational programs for at-risk students ............................................. 1,000,000 

Institute for Student Achievement, Lake Success, NY, for educational programs for at-risk students at Annandale and Falls 

Church High Schools in Virginia ...................................................... 150,000 

Institute for Student Achievement, Lake Success, NY, for school reform activities, at Ossining High School, NY, in partnership with 

Columbia University .......................................................................... 350,000 

Institute for Student Achievement, Lake Success, NY, for school reform activities, including teacher stipends, at Park East High 

School in Manhattan .......................................................................... 100,000 

Institute for Student Achievement, Lake Success, NY, to implement school reform activities in certain school districts in New 

York ..................................................................................................... 900,000 

Institute of Heart Math, Boulder Creek, CO for a teacher retention 

and student dropout prevention program ........................................ 750,000 

Intermediate Unit #17, Williamsport, PA, for technological infrastructure to support school districts and enhance their access to 

information technology ...................................................................... 100,000 

International Center for the Preservation of Wild Animals, Cumberland, OH, for an educational program ........................................ 625,000 

International House of Philadelphia, Philadelphia, PA, to provide 

standards-based educational programs to prepare high school 

students for careers in engineering, science, and math .................. 50,000 

International Music Products Association, Carlsbad, California, for 

music education .................................................................................. 125,000 

Invent Iowa to encourage kids to invent and hold fairs to display 

those inventions ................................................................................. 100,000 

Iowa Association of School Boards, Des Moines, IA for the Lighthouse for School Reform project ........................................................ 650,000 

Iowa Department of Education to continue and expand a demonstration program for additional bilingual and English as a Second Language training ...................................................................... 1,100,000 

Iowa Department of Education to continue the Harkin grant program .................................................................................................... 15,000,000 

iPraxis, Philadelphia, PA to develop and conduct educational programs and workshops to inform teachers and students of opportunities in scientific fields ................................................................. 50,000 

Jacob’s Pillow, Lee, MA, for performing arts educational programs 100,000 

James Madison University, Harrisonburg, VA for the National 

Center for Rural Science and Mathematics Education ................... 300,000 

Jamestown 2007 Commission, Jamestown, VA, for curriculum development associated with the 400th Anniversary of the settling 

of Jamestown ...................................................................................... 100,000 

JASON Foundation for Education, Needham Heights, MA, for 

STEP-UP in Ohio ............................................................................... 300,000 

Jasper Area Family Services Center, Jasper, AL, for technology 

and education programs .................................................................... 25,000 

Jazz at Lincoln Center, New York, NY, for jazz education programs 400,000 

Jersey Shore High School, Jersey Shore, PA, for curriculum development ................................................................................................ 100,000 

Jewish Community Centers of Philadelphia—Klein Branch, Philadelphia, PA, for an early childhood development program, which 

may include scholarships for students ............................................. 50,000 

1225 

Joplin R–VII Public Schools, Joplin, MO for Success Builders At 

Risk program ...................................................................................... 162,000 

Joy2Learn Foundation, Palos Verdes Estates, CA, to create and 

disseminate curricula integrating the arts, and for professional 

development ........................................................................................ 120,000 

Junior Achievement, Colorado Springs, CO, to develop JA Enterprise Village ........................................................................................ 2,500,000 

Kanawha County Board of Education, Clendenin, WV for the Herbert Hoover High School Technology Project ................................... 135,000 

Kensington Area Ministries, Philadelphia, PA, to support after 

school programs at Iglesia Del Barrio .............................................. 50,000 

Kids Voting USA, Tempe, AZ, for voter participation programs 

through its national and affiliate offices .......................................... 250,000 

Kids with A Promise—The Bowery Mission, Bushkill, PA ................ 100,000 

KIPP Foundation, San Francisco, CA for KIPP schools in Oklahoma City, including subgrants ........................................................ 50,000 

KIPP Foundation, San Francisco, CA for leadership training and 

extended learning time at KIPP schools, including subgrants ...... 3,000,000 

KIPP Foundation, San Francisco, CA to subgrant to KIPP schools 

in the State of Tennessee to support student programs ................. 150,000 

KIPP Foundation, San Francisco, CA, for curriculum development 

and teacher training for California schools, including subgrants 200,000 

KIPP Foundation, San Francisco, CA, to subgrant to KIPP Philadelphia Charter School for educational programs ........................... 25,000 

KnowledgeWorks, Cincinnati, OH for P–16 Education in Ohio ......... 200,000 

KnowledgeWorks, Cincinnati, OH for the Ohio High School Transformation Initiative ............................................................................ 1,000,000 

Kutztown University, Kutztown, PA, to develop education programs to enhance the academic skills and foster the interest of 

area high school students in higher education ................................ 50,000 

La Salle University, Philadelphia, PA, for the University Science 

and Technology Center to support math and science instruction 

for teachers ......................................................................................... 100,000 

Labor and Industry for Education, Hewlett, NY, for after school 

and prevention programs for at-risk youth ...................................... 500,000 

Ladysmith-Hawkins School District, WI, for after school programs 250,000 

LAMP Life Center Ministries, Inc., Louisville, KY for educational 

programs ............................................................................................. 15,000 

Lancaster County Career & Technology Foundation, Mount Joy, 

PA, to develop curriculum and training programs for early childhood educators .................................................................................... 50,000 

Lanett City Schools, Lanett City, AL, for a JROTC program ............ 50,000 

Laramie County School District One, Cheyenne, WY, for an 

English as a Second Language Pilot Project .................................... 185,000 

LA’s Best in Los Angeles, CA, for the After-School Enrichment Program .................................................................................................... 400,000 

Learning Collaborative, Indianapolis, IN, for the Smart Desktop 

Initiative ............................................................................................. 500,000 

Learning Point Associates/North Central Regional Education Laboratory, Naperville, IL for No Child Left Behind implementation 

technical assistance ............................................................................ 150,000 

Lemay Child & Family Center, St. Louis, MO, for early childhood 

education and family literacy programs ........................................... 180,000 

Leonardo Center for Art in cooperation with the Salt Lake City 

Corporation for arts education .......................................................... 300,000 

Lesley University in Cambridge, MA for a pilot teacher training 

program in Nevada ............................................................................ 100,000 

Line Mountain School District, Trevorton, PA, to develop a pilot 

project designed to offer specialized curriculum and vocational 

training related to careers in volunteer firefighting ....................... 50,000 

Literacy, Education and Ability Program, Memphis, TN to support 

educational services ........................................................................... 250,000 

Little Earth Resident’s Association, Minneapolis, MN, for a learning and technology center .................................................................. 75,000 

Livingston Parish School District, Livingston, LA for equipment ..... 100,000 

Loess Hills Area Education Agency in Iowa for a demonstration in 

early childhood education .................................................................. 750,000 

1226 

Logan City School District, Logan, UT, for support of the Early 

Reading Assistance Project ............................................................... 200,000 

Loneman School in Oglala, South Dakota for a Lakota language 

preservation program ......................................................................... 150,000 

Long Beach Unified School District, CA, for High School reform ..... 100,000 

Louisiana Tech University, Ruston, LA for Project LIFE teacher 

training ............................................................................................... 150,000 

Louisiana Youth Seminar in New Orleans, LA for training high 

school leaders ..................................................................................... 150,000 

Lucille Beserra Roybal Youth and Family Center, Los Angeles, CA, 

for computers and technology ........................................................... 75,000 

Lycoming Career and Technology Center, Williamsport, PA for an 

information technology program ....................................................... 40,000 

Madison Local School District, Madison, OH, for equipment ............ 75,000 

Maine Alliance for Arts Education, Augusta, ME to support arts 

education ............................................................................................. 100,000 

Mamaroneck Union Free School District, Mamaroneck, NY, for a 

summer academy for elementary and middle school students ....... 50,000 

Manchester Youth Development Center, Pittsburgh, PA, to provide 

mentoring and after school programs for at-risk youth .................. 75,000 

Mann Center for the Performing Arts, Philadelphia, PA to support 

arts education ..................................................................................... 100,000 

Maricopa County Regional School District, Phoenix, AZ, for educational services at the Thomas J. Pappas Schools in Phoenix 

and Tempe, AZ ................................................................................... 250,000 

Marketplace for Kids in Mandan, ND for an entrepreneurial education program ................................................................................... 200,000 

Marshfield School District, WI, for distance education and equipment .................................................................................................... 125,000 

Maryland State Department of Education, Baltimore, MD, to develop, implement and evaluate Internet-enhanced instruction ...... 250,000 

Marywood University, Scranton, PA, for technology and curriculum 

development for the Center for Assistive Technology laboratories 

to provide training to K–12 educators on teaching practices ......... 200,000 

Maspeth Townhall, Queens, NY, for after school programs .............. 100,000 

Matteson Elementary School District 162, Matteson, IL, for the 

Matteson Fellowship Program for academically talented students, including equipment and technology ..................................... 100,000 

Maui Economic Development Board in Hawaii for the Girls Into 

Science Program ................................................................................. 300,000 

McKelvey Foundation, New Wilmington, PA, to support McKelvey 

entrepreneurial college scholarships for rural, low-income Pennsylvania high school graduates ......................................................... 300,000 

Mellen School District, WI, for after school programs ........................ 200,000 

MENTOR/National Mentoring Partnership, Alexandria, VA, to develop the Pennsylvania Mentoring Partnership and expand mentoring services in Philadelphia .......................................................... 25,000 

Mercer School District, WI, for after school programs ....................... 250,000 

Meredith-Dunn Learning Disabilities Center, Inc., Louisville, KY 

for a counselor .................................................................................... 20,000 

Mesorah Heritage Foundation, Brooklyn, NY, for translation of 

classic texts and development of an English literature curriculum 750,000 

Messiah College, Grantham, PA, to support initiatives to improve 

educational opportunities for children in grades K–12 ................... 100,000 

Miami University, Oxford, OH, for preservation of the McGuffey 

Readers collection ............................................................................... 150,000 

Miami-Dade County Public Schools, FL, for a teacher training program on literacy ................................................................................. 250,000 

MicroSociety, Inc., Philadelphia, PA, to further develop and disseminate a whole school model of reform ........................................ 100,000 

Military Heritage Foundation, Carlisle Barracks, PA, for the 

United Sates Army Heritage and Education Center for education 

materials and programs on military and social history .................. 175,000 

Milken Family Foundation, Santa Monica, CA, for the Teacher Advancement Program ........................................................................... 2,000,000 

Milton S. Eisenhower Foundation, Washington, DC, for its fullservice community schools initiative in Maryland .......................... 250,000 

1227 

Milton S. Eisenhower Foundation, Washington, DC, to replicate the 

full-service community school program in Pennsylvania ................ 200,000 

Milwaukee Public Schools, Milwaukee, WI, for before- and afterschool programs .................................................................................. 1,200,000 

Minnesota Humanities Commission, St. Paul, MN for an English 

literacy initiative ................................................................................ 100,000 

Mira Loma High School, Sacramento, CA, for the International 

Baccalaureate program ...................................................................... 83,000 

Mississippi Museum of Art, Jackson, MS, for Hardy Middle School 

After School Program ......................................................................... 500,000 

Mississippi State University, Starkville, MS, Center for Economic 

Education and Financial Literacy for teacher training in economics instruction ..................................................................................... 100,000 

Missoula Public School District, Missoula, MT to establish a technology and standards based learning program in the Missoula 

Public School District ......................................................................... 500,000 

Montana State University, Billings, MT for training of site-bound 

rural paraeducators in Montana, South Dakota and Wyoming ..... 1,500,000 

Montgomery Area School District, Montgomery, PA for curriculum 

development ........................................................................................ 100,000 

Moore College of Art and Design, Philadelphia, PA for equipment 

and scholarships for the Young Artists Workshop .......................... 50,000 

MORE HEALTH, Inc., Tampa, FL, for a nutrition program ............. 90,000 

Motown Center, Detroit, MI, to develop and implement curricula, 

music education, and after school programs .................................... 400,000 

Mountain Arts Center, Prestonsburg, KY, for expansion of its 

Music and Arts Development Program ............................................ 100,000 

Muntu Dance Theatre of Chicago, Chicago, IL, for arts education 

programs ............................................................................................. 300,000 

Murfreesboro City Schools, Murfreesboro, TN, for an early childhood education pilot program ............................................................ 100,000 

Murray City School District, Murray, UT, for after school and summer academic and enrichment programs ......................................... 200,000 

Murray State University, Murray, KY for a Center for Teacher Excellence in Science and Mathematics ............................................... 300,000 

National Association of Music Education (MENC), Reston, VA, to 

develop and disseminate information on model music education 

programs ............................................................................................. 50,000 

National Aviary, Pittsburgh, PA for technology for the Flite-Zone 

immersive classroom and expansion of nature education programs ................................................................................................... 100,000 

National Aviation Hall of Fame, Dayton, OH, for Project Sky Reach 200,000 

National Baseball Hall of Fame and Museum, Cooperstown, NY for 

educational outreach using baseball to teach students through 

distance learning technology ............................................................. 450,000 

National Center for Electronically Mediated Learning, Inc., 

Woodbridge, CT, for the P.E.B.B.L.E.S. Project .............................. 400,000 

National Center for Family Literacy, Louisville, KY, for education 

outreach efforts .................................................................................. 85,000 

National Center for Fathering, Inc., Kansas City, MO to improve 

student achievement through a school-based safety program ........ 425,000 

National Character Education Foundation, PA to conduct outreach 

programs in character education in PA schools .............................. 100,000 

National Charter Schools Institute, Mt. Pleasant, MI to expand the 

Virtual Training Center and Clearinghouse .................................... 200,000 

National Foundation for Teaching Entrepreneurship Pennsylvania, 

Pittsburgh, PA, to provide financial literacy and entrepreneurship education to low-income and minority youth and to train 

educators in Pennsylvania ................................................................ 100,000 

National History Day for a history competition in Iowa .................... 100,000 

National Italian American Foundation, Inc., Washington, DC, for 

teacher training and to expand cultural programs ......................... 50,000 

National Liberty Museum, Philadelphia, PA for a teacher training 

program to assist educators in addressing violence in schools ...... 500,000 

1228 

National Native American Professional Development Center Foundation, Sheridan, Wyoming to establish a center to train teachers 

serving Native American students in an early literacy learning 

and math framework ......................................................................... 100,000 

National Student/Parent Mock Election, Tucson, AZ, for its voter 

education program ............................................................................. 225,000 

National Urban Technology Center, New York, NY, for the Youth 

Leadership Academy character education curriculum in Pennsylvania .................................................................................................... 50,000 

Natural Resource Education Center at Moosehead, Inc., Greenville, 

Maine, for education programs, which may include the purchase 

of equipment and technology ............................................................. 250,000 

Navajo County Schools, Holdbrook, AZ, for educational programming .................................................................................................... 500,000 

Naval Undersea Museum Foundation, Keyport, WA, for its Science 

Education Alliance program to enhance science instruction in 

local school districts ........................................................................... 240,000 

Neighborhood Centers Association, Pittsburgh, PA, for support of 

after school and mentoring programs, including technology upgrades .................................................................................................. 50,000 

Nevada Humanities, Reno, NV to create the first and only comprehensive reference work on Nevada .............................................. 350,000 

New Auburn School District, WI, for after school programs .............. 200,000 

New Futures, Burien, WA, for education and family literacy programs ................................................................................................... 320,000 

New London Public Schools, New London, CT, for the development 

and implementation of preparatory academies and teacher training ........................................................................................................ 100,000 

New Mexico State University for the Southern New Mexico 

Science, Engineering, Mathematics and Aerospace Academy ........ 15,000 

New School University, New York, NY, for a pilot program to provide supplementary services and support for at-risk, low-income 

high school students .......................................................................... 250,000 

New York University Child Study Center, New York, NY, for a 

ParentCorps project ........................................................................... 350,000 

New Zion Community Foundation, Inc., Louisville, KY, for education programs .................................................................................. 49,000 

Nome Public Schools for the Northwestern Alaska Career and 

Technical Center to provide variety of vocational training courses 

to high school students in Nome, Alaska and the Bering Straits 

region .................................................................................................. 500,000 

North Carolina Central University, Durham, NC, for academic enrichment and mentoring activities for at-risk students .................. 125,000 

North Carolina Electronics and Information Technologies Association Education Foundation, Inc., Raleigh, NC, for a technology 

demonstration project in the 2nd Congressional District ............... 250,000 

North Carolina Electronics and Information Technologies Association Education Foundation, Inc., Raleigh, NC, for a technology 

demonstration project in the 7th Congressional District ................ 250,000 

North Carolina Electronics and Information Technologies Association Education Foundation, Inc., Raleigh, NC, for the school technology demonstration ......................................................................... 500,000 

North Central Regional Education Laboratory, Naperville, IL for 

technical assistance activities ........................................................... 250,000 

North Country Education Services Agency, Gorham, New Hampshire for educational opportunities through the North Country 

Gear Up College Prep Initiative ....................................................... 300,000 

North East Trees, Los Angeles, CA, for its Youth Environmental 

Career Training Program, including student support .................... 185,000 

North Rockland Central School District, Garnerville, NY, for technology and teacher training to improve student science and literacy skills .......................................................................................... 60,000 

North Slope Borough School District, AK for an Early Childhood 

Education Program for children in North Slope Borough villages 300,000 

1229 

Northeastern Pennsylvania Educational Television Association 

(WVIA), Pittston, PA, to integrate the Between the Lions program into the classroom to improve the English language and literacy skills of Spanish-speaking youth ............................................ 50,000 

Northern Hills Family YMCA in Lead, South Dakota for afterschool programs .................................................................................. 100,000 

Northern Lakes Network Consortium, Brainerd, MN to create the 

Northern Lakes Network Consortium Online Assessment and 

Interactive Accountability Instructional Program ........................... 100,000 

Nuweetooun School at Tomaquag Museum, Exeter, RI to improve 

education for Native American children .......................................... 50,000 

Nye County School District, Pahrump, NV, for computers ................ 81,000 

Oakland Unified School District, Oakland, CA, for the purchase, 

implementation, and maintenance of a district-wide student information system ................................................................................ 320,000 

Oakwood School, Annandale, VA, to provide special education services to children with learning disabilities ........................................ 50,000 

Office of Superintendent of Public Instruction, Olympia, WA, to 

support the student engagement project .......................................... 175,000 

Ogden City School District, Ogden, UT, for After School Remedial 

and Summer Bridge Program ........................................................... 300,000 

Ohio Board of Regents, Columbus, OH for the Third Frontier Network—Science Education .................................................................. 750,000 

Ohio Department of Education, Columbus, OH for Education Ohio 750,000 

Oklahoma State Department of Education, Oklahoma City, Oklahoma, to sustain and expand their handheld computer program 200,000 

Old Fort No. 4 Associates, Charlestown, New Hampshire for an 

education outreach program, focusing on early American history 

and early New Hampshire history .................................................... 200,000 

Omaha Home for Boys, Omaha, NE, for a before- and after-school 

program to improve the quality of education for at risk youth ...... 250,000 

One World Now!, Seattle, WA, for after school programs and student scholarships for study in foreign countries ............................. 250,000 

Ontario School District, Ontario, OR for English language instruction ...................................................................................................... 130,000 

Opera Company of Philadelphia, Philadelphia, PA for the Sounds 

of Learning arts education program ................................................. 100,000 

Orange County Fire Authority, Orange, CA, for K–12 fire safety 

and emergency preparedness education programs .......................... 40,000 

Orrville Area Boys and Girls Club, Orrville, OH for computer technology .................................................................................................. 15,000 

Osseo Area Schools—Independent School District 279, Maple 

Grove, MN, for an online assessment and interactive instructional program .................................................................................... 200,000 

Ossining Union Free School District, Ossining, NY, for academic, 

enrichment and technology services for middle school students .... 100,000 

Pacific Islands Center for Educational Development in American 

Samoa for educational programs ...................................................... 400,000 

Parents as Teachers National Center, St. Louis, MO to better reach 

and serve families with limited English proficiency ....................... 1,600,000 

Parents Inc., Anchorage, AK for a mentoring and youth program 600,000 

Park Falls School District, WI, for educational services .................... 200,000 

Patrick County Education Foundation, Stuart, VA, for a college access initiative, including GED assistance for individuals who 

have dropped out of high school ........................................................ 140,000 

Pelham Union Free School District, Pelham, NY, for its ‘‘Every 

Child Can Read’’ project, including technology ............................... 51,000 

Pendleton County Board of Education, Franklin, WV, for a Distance Learning Initiative ................................................................... 18,000 

Penn State Public Broadcasting, University Park, PA, to develop 

and disseminate print and multi-media teacher training materials ..................................................................................................... 50,000 

Pennsylvania Academy of Music, Lancaster, PA, to develop and 

conduct a performance-based, classical music education program 50,000 

1230 

Pennsylvania Association of Latino Organizations, Inc., Harrisburg, 

PA, to assist Latino organizations in Pennsylvania in developing 

educational and training resources to enhance education skills 

and address dropout rates ................................................................. 50,000 

Pennsylvania Ballet Association, Philadelphia, PA, for outreach 

and education programs .................................................................... 100,000 

Pennsylvania Educational Leadership Foundation, Summerdale, 

PA, to implement comprehensive school-to-career program in 

Pennsylvania schools ......................................................................... 50,000 

Pennsylvania State System of Higher Education, Harrisburg, PA, 

to develop a model program to assist teachers in integrating 

technology into the classroom ........................................................... 150,000 

Pennsylvania Veterans Museum, Media, PA, for exhibit development and educational materials ....................................................... 75,000 

Performing Arts and Education Association of Southwest Iowa, Red 

Oak, IA ................................................................................................ 50,000 

Philadelphia Foundation, Philadelphia, PA, for a Sports and Entertainment Career Expo to expose high school students to career 

opportunities in the sports industry ................................................. 50,000 

Philadelphia Health Management Corporation, Philadelphia, PA, 

in collaboration with the National Center for Learning Disabilities, to conduct early childhood literacy training and program 

development activities as part of the Get Ready to Read! Initiative ....................................................................................................... 100,000 

Philadelphia Martin Luther King, Jr. Association for Nonviolence 

Inc., Philadelphia, PA, for the College for Teens program ............. 250,000 

Philadelphia Orchestra, Philadelphia, PA, for educational programs 200,000 

Philadelphia Safe and Sound, Philadelphia, PA, to offer comprehensive youth development activities, including after-school 

programming, as part of a full community school approach .......... 100,000 

Philadelphia Theatre Company, Philadelphia, PA, for education 

and outreach programs which will foster artists-in-school partnerships ............................................................................................... 75,000 

Philadelphia Zoo, Philadelphia, PA, for the Zoo Home School Education programs and the Zoo Apprentice programs ........................ 250,000 

Phipps Conservatory and Botanical Gardens, Pittsburgh, PA, to 

provide educational programs for students visiting the gardens ... 100,000 

Piedmont Community Foundation, Middleburg, VA for after school 

programs ............................................................................................. 50,000 

Pinnellas County School District, Largo, FL, for a pilot project for 

online assessment and interactive accountability instructional 

program ............................................................................................... 500,000 

Pittsburgh Ballet Theatre, Pittsburgh, PA, for an arts education 

and outreach program ....................................................................... 25,000 

Pittsburgh Life Science Greenhouse, Pittsburgh, PA, to develop an 

educational curriculum to encourage students to pursue careers 

in life sciences industry ..................................................................... 50,000 

Pittsburgh Parks Conservancy, Pittsburgh, PA, for education programs and curriculum development ................................................. 100,000 

Pittsburgh School District, Pittsburgh, PA, for a Reserve Teacher 

Corps initiative ................................................................................... 100,000 

Pittsburgh Symphony Orchestra, Pittsburgh, PA, for support of 

music education and outreach programs ......................................... 100,000 

Pittsburgh Voyager, Pittsburgh, PA, for math and science education ................................................................................................... 75,000 

Playhouse Square Foundation, Cleveland, OH for educational programs ................................................................................................... 400,000 

Plymouth Community Renewal Center, Louisville, KY, for education programs .................................................................................. 30,000 

Pocono Environmental Education Center, Dingmans Ferry, PA, for 

summer literacy and environmental education programs .............. 50,000 

Pointe Coupee Parish School System, New Roads, LA for technology and computer infrastructure ................................................. 200,000 

Polk County School Board, Bartow, FL, for a Leap Track Assessment and Instruction System for Grades K–5 ................................. 60,000 

Polynesian Voyaging Society in Honolulu, Hawaii for educational 

programming ...................................................................................... 50,000 

1231 

Port Chester—Rye Union Free School District, Port Chester, NY, 

for extended day, teacher professional development, parent education, and other services to implement full service community 

schools, including the Open Door Clinic .......................................... 425,000 

Portland United Methodist Center, Louisville, KY, for academic 

support programs ............................................................................... 50,000 

Powell Gardens, Kingsville, MO to teach elementary and secondary 

students about water conservation and plant science through 

educational programs ......................................................................... 250,000 

Presbyterian Community Center, Louisville, KY, for youth development education ................................................................................... 50,000 

Prince William County Public Schools, Manassas, VA, for Bilingual 

Literacy Extended Kindergarten Program ....................................... 150,000 

Prince William County Public Schools, Manassas, VA, for Middle 

School Reading and Math Remediation Program ............................ 150,000 

Project 2000, Washington, DC, for after school programs to provide 

academic and mentoring services to inner city youth ..................... 125,000 

Project GRAD–USA Inc., Houston, TX, for continued support and 

expansion of the program focusing on school reform ...................... 20,000,000 

Project HOME, Philadelphia, PA, for an after school program ......... 150,000 

Project Rainbow, Philadelphia, PA, to provide early childhood services and after-school programs .......................................................... 250,000 

Proyecto Pastoral, Los Angeles, CA, for computers, furnishings and 

programmatic support for a pre-school center ................................. 75,000 

Public/Private Ventures, Philadelphia, PA, for training and technical assistance to support the Youth Education for Tomorrow 

after school, literacy model ................................................................ 50,000 

Puget Sound Center Foundation, WA, for programs in science, 

technology, engineering and math among girls and other underrepresented groups ............................................................................. 200,000 

QUILL Productions, Inc., Aston, PA, to develop and disseminate 

programs to enhance the teaching of American history ................. 25,000 

Quindaro Development Corp., Kansas City, KS, for a computer 

learning center and related services ................................................. 150,000 

Randolph County Board of Education, Cuthbert, GA, for its READS 

initiative .............................................................................................. 25,000 

Reading Instruction, Chicago, for the Chicago Public Schools’ Chicago Reading Initiative, a research-based instruction to improve 

reading achievement levels in major urban areas .......................... 200,000 

Reading is Fundamental, Washington, DC to establish a program 

in Alaska ............................................................................................. 50,000 

ReadNet Foundation, New York, NY, for curriculum development 275,000 

Recognizing Achievement and Rewarding Excellence (RARE) Foundation, Troy, MI for a character education program ....................... 175,000 

Regional Office of Education, Loves Parks, IL, for a Web Wise Kids 

project .................................................................................................. 250,000 

Re-Inventing Schools Coalition of Anchorage, AK to expand its 

Alaska Quality Schools Model ........................................................... 500,000 

Research for Better Schools, Philadelphia, PA, to provide researchbased technical assistance to school districts .................................. 50,000 

Rio Rancho Public Schools, Rio Rancho, NM for math and science 

teacher training .................................................................................. 400,000 

Riverside County Office of Education, Riverside, CA, for the Riverside County Achievement Team Plus Program ............................... 200,000 

Rodale Institute, Kutztown, PA for development and support of a 

health and environmental education Web site for children ........... 100,000 

Rose Hill Public School District, Rose Hill, KS for technology .......... 300,000 

Roseville City School District, Roseville, CA, for an English Instruction Program .............................................................................. 200,000 

Rosmond Gifford Zoo, Syracuse, NY for an educational program ..... 200,000 

Rye Neck Union Free School District, Mamaroneck, NY, for extended day and summer education services for English language 

learners, and for family literacy services ......................................... 28,000 

Sabine Parish School Board, Many, LA, for a Bridging the Gap in 

Public Education Project ................................................................... 167,000 

Saint Louis Park School District, Saint Louis Park, MN, for the 9th 

Grade Asset Builders Program at Saint Louis Park High School 150,000 

1232 

Saint Anthony Community Outreach Center, Inc., Louisville, KY, 

for program expansion ....................................................................... 25,000 

Saint Elizabeth’s Foundation to develop, implement, and promote 

a middle school adoption awareness curriculum for use by 

health-social studies teachers and other youth educators .............. 100,000 

Saint Joseph’s University, Philadelphia, PA, to develop a Public 

Education Partnership to provide professional development for 

area principals and teachers ............................................................. 100,000 

Saint Martin Center Inc., Erie, PA, for before and after school programs ................................................................................................... 25,000 

Saint Mary’s Center, Louisville, KY, for educational programs ........ 40,000 

Salt Lake Community College, Salt Lake City, UT, for an English 

language software system ................................................................. 200,000 

San Bernardino City Unified School District, San Bernardino, CA 

for vocational training and work opportunities program ................ 350,000 

San Bernardino County Superintendent of Schools, San 

Bernardino, CA, for an English Language Learners Initiative ...... 500,000 

San Bernardino County Superintendent of Schools, San 

Bernardino, CA, for school-to-careers initiatives, including The 

Alliance and Virtual Hi-Tech High ................................................... 320,000 

Santa Barbara Center for the Performing Arts, California, for arts 

education programs ............................................................................ 60,000 

Santa Barbara County Education Office, Santa Barbara, CA, for 

Sobriety High School .......................................................................... 100,000 

Save the Children, Washington, D.C. to support the Mississippi 

River Delta sub office for after school programs for low-income 

children in rural Mississippi ............................................................. 100,000 

Save the Children, Westport, CT, for the Accelerated Reading program for low-income children in Arkansas ...................................... 350,000 

Save the Children, Westport, CT, to implement the Accelerated 

Reader program for low-income children in South Carolina .......... 450,000 

School Board of Broward County, Fort Lauderdale, FL, for the 

Broward Virtual University online teacher professional development initiative .................................................................................... 100,000 

School District of Palm Beach County, FL, West Palm Beach, FL, 

for a Family Literacy Project ............................................................ 480,000 

School District of Palm Beach County, West Palm Beach, FL, for 

its New Teacher Mentor Program .................................................... 400,000 

Scotland County School District, Laurinburg, North Carolina, to 

implement a HOSTS Reading Centered School Program ............... 50,000 

Search to Involve Philipino Americans, Los Angeles, CA, for after 

school programs, including technology ............................................. 75,000 

Settlement Music School, Philadelphia, PA, to support arts education ................................................................................................... 100,000 

Shawnee Gardens Tenants Association, Inc., Louisville, KY, for 

education programs ............................................................................ 25,000 

Shelby County Schools, Memphis, TN, for its Project Start Smart 

early childhood education initiative ................................................. 150,000 

Shell Lake School District, WI, for after school programs ................. 200,000 

Shiloh Community Renewal Center, Louisville, KY, for after school 

programs ............................................................................................. 60,000 

Sioux City Community School District in Sioux City, IA to continue 

and expand the implementation of testing software in Iowa ......... 500,000 

Smith Memorial Playgrounds and Playhouse, Philadelphia, PA, to 

develop and expand after school programs with a focus on literacy skills .......................................................................................... 25,000 

Sophia Academy, Providence, RI to support educational programs 

for girls from socio-economically disadvantaged backgrounds ....... 150,000 

South Dakota Department of Education, Office of Career and Technical Education, Pierre, SD, for the Health Occupations for 

Today and Tomorrow project ............................................................. 65,000 

Southern Illinois University—Carbondale, College of Education and 

Human Services, Carbondale, IL, for the Saluki Kids’ Academy 300,000 

Southern Tioga School District, Blossburg, PA for curriculum development ............................................................................................ 100,000 

Southwest/West Central Services Cooperative, Marshall, MN, for a 

youth mentoring and business education program ......................... 340,000 

1233 

Space Education Initiatives, Green Bay, WI for the Wisconsin 

Space Science Initiative ..................................................................... 163,000 

Spooner School District, WI, for after school programs ...................... 200,000 

Springfield Regional Arts Council, Springfield, MO, for arts education ................................................................................................... 1,400,000 

Springfield School District #186, Springfield, IL, for a middle 

school history experience ................................................................... 95,000 

Springfield School District 19, Springfield, OR, for its Schools Plus 

Initiative ............................................................................................. 200,000 

SquashSmarts, Philadelphia, PA, to provide academic tutoring and 

mentoring of underserved, urban middle school students as part 

of an after school program ................................................................. 50,000 

St. Petersburg College, St. Petersburg, Florida, to establish the 

Center for Teaching Transformation ................................................ 350,000 

Stan Hywet Hall and Gardens, Akron, OH, for educational development and curriculum programming ................................................. 100,000 

Stark County Educational Service Center, Canton, OH for an elementary math and science program ................................................. 250,000 

Starr Commonwealth, Van Wert, OH, for the No Disposable Kids 

(NDK) program ................................................................................... 200,000 

State of Alaska Department of Education and Early Development 

for the Alaska Community Pre School Project ................................ 500,000 

State of Alaska Department of Education and Early Development 

project to meet standards of No Child Left Behind through teacher mentoring and retention strategies .............................................. 1,500,000 

State of Alaska Department of Education and Early Development 

to continue funding for its Right Start extended-day kindergarten program ................................................................................... 1,000,000 

State University of New York at Cortland, Cortland, NY for recruitment of students to science teaching ........................................ 150,000 

State University of New York-Oswego, Syracuse, NY for the Roads 

from Seneca Falls project .................................................................. 215,000 

Success for All Foundation, Inc., Baltimore, MD, for a fully aligned 

system for district and state education reform in Indiana ............. 1,400,000 

Summer Camp Opportunities Provide an Edge (SCOPE), New 

York, NY for YMCA Camps Skycrest, Speers and Elijabar ........... 30,000 

Summerbridge Louisville, Inc., Louisville, KY, for education programs ................................................................................................... 25,000 

SURE Foundation, Washington, DC for computers and educational 

materials ............................................................................................. 175,000 

Swope Community Builders, Kansas City, MO for education programs serving students in the Brush Creek Strategy Area ........... 125,000 

Syracuse Symphony Orchestra, Syracuse, NY for educational programs ................................................................................................... 200,000 

Talladega County Schools, Talladega, AL, for equipment ................. 100,000 

Tarrytown Union Free School District, Sleepy Hollow, NY, for after 

school programs and family literacy activities ................................ 250,000 

Teach for America to expand into Clark County, NV ......................... 250,000 

Teach for America, New York, NY for continued expansion .............. 1,000,000 

Technical Expositions and Conferences, Inc., Columbia, SC for 

Camp Success ..................................................................................... 100,000 

Teen Center of Wilton, Inc., Wilton, CT, for after-school programs 100,000 

Temple University, Philadelphia, PA, to develop programs to address student achievement in math and literacy ............................ 200,000 

Texas Tech University, Lubbock, TX, for expanding opportunities 

in math and science education at the Hill Country Campus ......... 100,000 

The Story Project, Culver City, CA, to support after school literacy 

programs for junior high and high school students ........................ 250,000 

THINK Together, Santa Ana, California, for after school programs 400,000 

Thomas J. Pappas Elementary School, Phoenix, AZ, for Project 

TEAMS ................................................................................................ 250,000 

Thornton Fractional Township High School District 215, Calumet 

City, IL, to develop an alternative school for chronic truants ........ 100,000 

Thorp School District, WI, for after school programs ......................... 250,000 

TIDES Center in Seattle, WA, for One World Now!, a project to expand language programs in after school programs ......................... 200,000 

1234 

Tiger Woods Foundation, Los Alamitos, CA, to offer programs to atrisk youth ............................................................................................ 100,000 

Titusville YMCA, Titusville, PA, for technology and equipment ....... 100,000 

To provide assistance to low-performing schools, $18,000,000 shall 

be for a grant to the Commonwealth of Pennsylvania Department of Education to provide assistance, through subgrants, to 

low-performing school districts. The Commonwealth initiative is 

intended to improve the management and operations of the 

school districts; assist with curriculum development; provide 

after-school, summer and weekend programs; offer teacher and 

principal professional development and promote the acquisition 

and effective use of instructional technology and equipment. ........ 18,000,000 

Today Foundation, Dallas, TX, for the Imagination Station literacy 

program to deliver reading curriculum over the Internet using 

animation ............................................................................................ 50,000 

Toledo Public Schools, Toledo, OH, for its Construction Career 

Academy .............................................................................................. 275,000 

Toledo Zoo, Toledo, OH for Thinking Works ....................................... 50,000 

Tredegar National Civil War Museum Foundation, Richmond, VA, 

for a Web-based educational program .............................................. 200,000 

Troy Area School District, Troy, PA, for technology ........................... 150,000 

Turlock School Districts, Turlock, CA, for English instruction ......... 100,000 

U.S. Dream Academy, Columbia, MD to improve student achievement and help bridge the digital divide for disadvantaged children ..................................................................................................... 100,000 

U.S. Virgin Islands, Department of Education, St. Thomas, VI, for 

Beacon after-school community learning centers ............................ 300,000 

Union Parish School District, Farmerville, LA for the PLATO 

Learning Project ................................................................................. 400,000 

United Way of Southeastern Pennsylvania, Philadelphia, PA, for 

the West Philadelphia Digital Inclusion Project ............................. 100,000 

Unity School District, WI, for after school programs ......................... 500,000 

University of Alaska/Fairbanks in Fairbanks, AK, working with the 

State of Alaska and Catholic Community Services, for the Alaska 

System for Early Education Development (SEED) ......................... 1,250,000 

University of Arkansas, Fayetteville, Arkansas, for the National 

Office for Rural Measurement and Evaluation System .................. 150,000 

University of Idaho, Moscow, ID, for the Gateway to Calculus Program, a statewide, WWW-based outreach program for pre-college-calculus students ........................................................................ 700,000 

University of Iowa Belin Blank Center for Gifted Education to continue the AP Online Academy ........................................................... 1,450,000 

University of Louisville, Louisville, KY, for the Center for Research-Based Educational Improvement and Assessment ............. 700,000 

University of Maine at Farmington, Farmington, ME, to support 

professional development for new and current teachers, which 

may include the acquisition of technology and equipment ............. 250,000 

University of Northern Colorado, Greeley, CO for an evaluation of 

teaching programs .............................................................................. 50,000 

University of Northern Iowa to continue the 2+2 teacher education 

demonstration program ..................................................................... 500,000 

University of Pennsylvania, Philadelphia, PA, to develop educational programming and provide professional development for 

the West Philadelphia Partnership for Community Schools .......... 200,000 

University of Southern Mississippi, Hattiesburg, MS, for the 

Frances A. Karnes Center for Gifted Studies to support summer 

gifted and leadership programs and research ................................. 175,000 

University of Tennessee, Martin, TN, for its Reelfoot Lake Science 

Center .................................................................................................. 400,000 

University of Wisconsin-Eau Claire in Eau Claire, WI for expansion of the Jumpstart program for early childhood education ....... 100,000 

University of Wisconsin-Platteville in Platteville, WI for an online 

alternative teacher certification program ........................................ 100,000 

Urban League of Metropolitan Denver, Denver, CO, for after school 

and summer school programs ........................................................... 350,000 

Urban League of Morris County, Morristown, NJ, for a youth and 

family literacy program ..................................................................... 200,000 

1235 

Urban Youth Action, Inc., Pittsburgh, PA, to develop and expand 

its Youth Development program that provides pre-employment 

training for high school students ...................................................... 75,000 

USD #331 Kingman/Norwich, Kingman, KS for computers at Kingman High School, Kingman Elementary School and Norwich 

School .................................................................................................. 300,000 

USD 470 Public Schools, Arkansas City, KS for Project XCELL ...... 300,000 

Utah State Office of Education to improve reading in rural schools 650,000 

Utah State Office of Education, Salt Lake City, UT to improve 

qualifications for teachers who teach multiple subjects in rural 

areas .................................................................................................... 400,000 

Venango County AVTS, Oil City, PA, for curriculum development 300,000 

Vermont State Colleges of Waterbury, VT for a dual enrollment 

program for academically at-risk secondary school students ......... 500,000 

Vernon Parish School Board, Leesville, LA, for Network Switch Upgrade .................................................................................................... 167,000 

Village of Richton Park, Richton Park, IL, for after school programs 100,000 

Virginia Commonwealth University, Richmond, VA, for the Great 

Cities’ Universities Urban Educators Corps Partnership Initiative ....................................................................................................... 350,000 

Virginia Community College Systems, Richmond, VA to address severe healthcare workforce shortages in these colleges’ service 

areas .................................................................................................... 150,000 

Voluntary Interdistrict Choice Corporation, St. Louis, MO, for a 

public school choice program ............................................................. 320,000 

Wake Education Partnership, Raleigh, NC, for school leadership 

and teacher professional development initiatives ........................... 225,000 

Walnut Grove School District R–IV, Walnut Grove, MO for computer and school equipment .............................................................. 12,000 

Warren County Career Center, Warren, PA, for curriculum development ................................................................................................ 100,000 

Washington Education Foundation to replicate mentoring/scholarship programs for low-income students ............................................ 500,000 

Washington National Opera, Washington, DC, for a music education program in Maryland ............................................................. 150,000 

Washoe County School District in Nevada for an English Instructional program .................................................................................... 250,000 

Washoe County School District, NV, for an online assessment and 

accountability instructional program ............................................... 250,000 

Waubonsee Community College, Sugar Grove, IL, to implement an 

English language instructional program .......................................... 300,000 

Wayne Art Center, Wayne, PA, for arts education, including teacher training and workshops for students ........................................... 50,000 

Wellsboro Area School District, Wellsboro, PA, for curriculum development ............................................................................................ 100,000 

West Oak Lane Charter School, Philadelphia, PA, for equipment 

and technology upgrades ................................................................... 75,000 

West Virginia High Technology Foundation, Fairmont, WV, for development of a technology-based teacher professional development model ......................................................................................... 550,000 

Westchester Philharmonic, White Plains, NY, for music education 

programs ............................................................................................. 100,000 

Western Kentucky University, Bowling Green, KY, for education, 

training, and enrichment, which may include work-related skills 

training and postsecondary education services, for primary and 

secondary students, their caregivers, and non-traditional students, including adults ...................................................................... 1,500,000 

Western Kentucky University, Bowling Green, KY, for the E-Train 

Initiative ............................................................................................. 500,000 

White Plains Housing Authority, White Plains, NY, for after school 

and weekend tutorial programs ........................................................ 40,000 

Whole Backstage, Inc, Guntersville, AL, for the Children’s Theater 

Education Center ............................................................................... 25,000 

Winfield Public School District, Winfield, KS for educational programs ................................................................................................... 300,000 

Wittenberg University, Springfield, Ohio, for the Springfield Alliance for Minority Teacher Recruitment and Preparation Program 100,000 

1236 

Wordsworth Academy, Fort Washington, PA, for the York Alternative Education Program ................................................................. 100,000 

World Impact, Los Angeles, CA, for programming to educate and 

mentor at-risk youth at its Harmony Heart Camp in Jermyn, PA 100,000 

WQED Multimedia Pittsburgh, Pittsburgh, PA, to develop educational programming for adolescents focusing on career literacy 50,000 

WQLN Educational Services, Erie, PA, to develop on-line educational resources ............................................................................... 50,000 

WVSA arts connection, Washington, DC, for education and training 

initiatives for youth with disabilities and special needs ................. 100,000 

Wyatt Community and Family Life Center, Chicago, IL, for after 

school enrichment activities, including its Historic Perspectives 

of Living Legends in the African American Community: 1912– 

Present initiative ................................................................................ 100,000 

Yakima School District, Yakima, WA, for an English Education 

Software Program .............................................................................. 250,000 

Yancey County Schools, Burnsville, NC, for equipment and materials ..................................................................................................... 50,000 

YMCA of Carlisle, Carlisle, PA, for professional development for 

teachers on character education ....................................................... 50,000 

YMCA of Central Kentucky, Lexington, KY, for its Black Achievers 

Program .............................................................................................. 350,000 

YMCA of Easton, Easton, PA, for after school programming for K– 

12 students ......................................................................................... 50,000 

YMCA of Harrisburg, Harrisburg, PA, to provide mentoring services for minority youth ....................................................................... 50,000 

YMCA of McKeesport, McKeesport, PA, to support the Teen LEAD 

program serving at-risk, inner city teens ......................................... 50,000 

YMCA of Pennsylvania, Harrisburg, PA, for its Youth in Government program ..................................................................................... 50,000 

YMCA of Pittsburgh, Pittsburgh, PA, for technology upgrades and 

to develop and implement a Technology Literacy Initiative to 

train K–12 teachers and students in the use of computers ............ 50,000 

YMCA of York and York County, York, PA, to develop and implement a Path for Teens leadership and community program .......... 50,000 

Yonkers Public Schools, Yonkers, NY, for after school and Saturday 

academic and enrichment activities, literacy services, music and 

arts education, and parent involvement activities .......................... 1,000,000 

Young Black Men’s Association, Warren, OH, for its Community 

Service Recording Studio project ...................................................... 50,000 

Youngstown Symphony Society, Inc., Youngstown, OH for educational programs ............................................................................... 150,000 

Youngstown/Warren Regional Chamber, Warren, OH, for its 

Mahoning Valley Educational Initiative .......................................... 590,000 

Youth Alive, Inc., Louisville, KY, for tutoring, homework assistance 

and mentoring .................................................................................... 40,000 

Youth Sports and Recreation Commission, Detroit, MI, for youth 

education and training services ........................................................ 100,000 

YouthFriends Michigan, Traverse City, MI, for a school based mentoring program ................................................................................... 100,000 

Zero to 5 Foundation, East Los Angeles, CA, for a pre-school education project in Boyle Heights in east Los Angeles ....................... 150,000 

Other programs 

The conference agreement includes $23,500,000 for the Ready 

to Learn program instead of $22,864,000 as proposed by the House 

and $24,000,000 as proposed by the Senate. The conferees continue 

to strongly support the educational and outreach objectives of the 

Ready to Learn Television program. The conferees are especially 

pleased that television programs such as Dragon Tales and Between the Lions developed with funding from Ready to Learn have 

been recognized with national parent and television production 

awards. The conferees reiterate the unique mission of Ready to 

Learn, which is to use the television medium to help prepare preVerDate Aug 04 2004 07:33 Dec 01, 2004 Jkt 096906 PO 00000 Frm 01240 Fmt 6601 Sfmt 6601 E:\HR\OC\HR792.XXX HR792
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school age children for school. The television programs that must 

fulfill this mission are to be specifically designed for this purpose, 

with the highest attention to production quality and validity of research-based educational objectives, content, and materials. Therefore, the conferees expect that the grant competition administered 

for a new award under this program will emphasize the importance 

of investing Ready to Learn resources in those programs that have 

proven to fulfill this mission, acquiring new programs with scrutiny, and distinguishing Ready to Learn programs from content 

easily available on commercial and cable television. 

The conference agreement includes $4,970,000 for dropout prevention programs instead of $10,000,000 as proposed by the Senate. The House did not propose funding for this program. 

The conference agreement includes $30,000,000 for advanced 

placement fees as proposed by the House instead of $33,534,000 as 

proposed by the Senate. The conferees intend that the first priority 

of the program is to award grants to States to subsidize test fees 

for low-income students who are enrolled in an Advanced Placement class and plan to take an Advanced Placement test. The balance of the funds are allocated for Advanced Placement Incentive 

Program grants, which are competitive grants to states, school districts and national nonprofit educational agencies for programs 

that expand access for low-income individuals to Advanced Placement programs. Eligible activities include teacher training and participation in online Advanced Placement courses, among other related purposes. 

SAFE SCHOOLS AND CITIZENSHIP EDUCATION

The conference agreement includes $867,713,000 for programs 

in the safe schools and citizenship education account, instead of 

$801,369,000 as proposed by the House and $902,008,000 as proposed by the Senate. 

The conference agreement includes $153,767,000 for national 

programs as proposed by the House instead of $156,219,000 as proposed by the Senate. The conference agreement includes funding 

for the following activities: 

School Safety Initiatives ....................................................................... $30,000,000 

Planning/Needs Assessment/Data for State Grants ........................... 9,548,000 

Safe Schools/Healthy Students ............................................................. 90,000,000 

Drug Testing Initiative ......................................................................... 10,000,000 

Postsecondary Ed Drug and Violence Prevention ............................... 5,000,000 

Impact Evaluation ................................................................................. 2,000,000 

Information and materials .................................................................... 1,250,000 

Data collection and analysis ................................................................. 2,000,000 

Other joint projects with Federal agencies .......................................... 1,000,000 

Other program improvement activities ................................................ 1,819,000 

National Recognition Program ............................................................. 850,000 

National Clearinghouse for School Facilities ...................................... 300,000 

The conferees direct the Department to implement the Act consistent with their intent, as reflected in the table above, and request an implementation plan to be submitted to the House and 

Senate Committee on Appropriations within 30 days of enactment 

of the Department of Education Appropriations Act, 2005. To the 

extent that the Department wishes to reprogram funds in order to 

address other activities or alter the allocation of funds for activities 

1238 

listed in the chart above, the conferees expect the Department to 

follow the guidance provided in this statement of the managers. 

The conference agreement includes bill language requiring the 

Department to spend $850,000 for the National Recognition 

Awards program under the guidelines described in section 120(f) of 

Public Law 105–244. 

The conference agreement includes $33,000,000 for grants to 

reduce alcohol abuse instead of $35,000,000 as proposed by the 

Senate. The House did not propose funding for this activity. 

The conference agreement includes $49,705,000 for mentoring 

programs as proposed by the House instead of $65,000,000 as proposed by the Senate. The agreement also includes $24,691,000 for 

character education as proposed by the Senate instead of 

$24,961,000 as proposed by the House. The conference agreement 

includes $35,000,000 for elementary and secondary school counseling instead of $33,799,000 as proposed by the House and 

$36,000,000 as proposed by the Senate. 

The conference agreement includes $74,000,000 for physical 

education programs instead of $69,587,000 as proposed by the 

House and $75,000,000 as proposed by the Senate. This amount includes $2,000,000 to support the Special Olympics National Games 

as proposed by the Senate. In addition, within the amounts appropriated, the conferees expect that a portion of the funds will be set 

aside to be awarded in new grants and projects for fiscal year 2005. 

The conference agreement includes $29,642,000 for the Civic 

Education program to support both the We the People programs 

and the Cooperative Education Exchange, instead of $28,642,000 as 

proposed by the House and $30,642,000 as proposed by the Senate. 

The conferees intend that $17,350,000 will be provided to the nonprofit Center for Civic Education to support the We the People programs. Within the total for the We the People program, the conferees intend that $3,050,000 be reserved to continue the comprehensive program to improve public knowledge, understanding, 

and support of American democratic institutions which is a cooperative project among the Center for Civic Education, the Center on 

Congress at Indiana University, and the Trust for Representative 

Democracy at the National Conference of State Legislatures, and 

that $1,525,000 be used for continuation of the school violence prevention demonstration program, including $500,000 for the Native 

American initiative. 

The conference agreement also includes $12,292,000 for the Cooperative Education Exchange program. Within this amount, the 

conferees intend that $4,600,000 is for the Center for Civic Education and $4,600,000 for the National Council on Economic Education, while the remaining $3,092,000 should be used to continue 

the existing grants funded under the authorizing statute for civics 

and government education, and for economic education. 

The agreement also includes $27,000,000 for State Grants for 

Incarcerated Youth instead of $28,000,000 as proposed by the Senate. The House did not provide funding for this activity. 

1239 

ENGLISH LANGUAGE ACQUISITION

The conference agreement includes $681,215,000 for English 

Language Acquisition programs as proposed by the House instead 

of $700,000,000 as proposed by the Senate. 

SPECIAL EDUCATION

The conference agreement includes $11,767,748,000 for Special Education instead of $12,176,101,000 as proposed by the House 

and $12,328,391,000 as proposed by the Senate. The agreement 

provides $6,354,748,000 in fiscal year 2005 and $5,413,000,000 in 

fiscal year 2006 funding for this account. Included in these funds is $10,675,147,000 for Grants to States 

part B instead of $11,068,106,000 as proposed by the House and 

$11,228,981,000 as proposed by the Senate. The conference agreement includes $387,699,000 for preschool grants as proposed by the House instead of $390,000,000 as proposed by the Senate. The agreement also includes $444,363,000 for 

grants for infants and families as proposed by the Senate instead 

of $466,581,000 as proposed by the House. The conference agreement includes $52,819,000 for technical assistance as proposed by the House instead of $54,000,000 as proposed by the Senate. The agreement includes $91,357,000 for personnel preparation as proposed by the House instead of 

$93,357,000 as proposed by the Senate. The agreement includes 

$26,173,000 for parent information centers as proposed by the 

House instead of $27,500,000 as proposed by the Senate. The 

agreement also includes $39,129,000 for technology and media 

services as proposed by the Senate instead of $32,305,000 as proposed by the House. The agreement also includes $1,500,000 for Public Telecommunications Information and Training Dissemination as proposed by the Senate. The House did not contain funds for this activity. 

REHABILITATION SERVICES AND DISABILITY RESEARCH

The conference agreement includes $3,076,112,000 for Rehabilitation Services and Disability Research instead of 

$3,054,587,000 as proposed by the House and $3,077,328,000 as 

proposed by the Senate. The conference agreement includes $1,000,000 to continue an 

award to the American Academy of Orthotists and Prosthetists 

(AAOP) for activities that further the purposes of the grant received by the Academy for the period beginning October 1, 2003. 

The conference agreement includes $11,997,000 for client as- sistance grants as proposed by the House instead of $13,000,000 as 

proposed by the Senate. The agreement includes $25,814,000 for 

demonstration and training programs instead of $18,784,000 as 

proposed by the House and $24,286,000 as proposed by the Senate. 

Within the amounts provided for vocational rehabilitation demonstration and training programs, the conference agreement includes funding for the following activities: 

Alabama Institute for Deaf and Blind, Talladega, AL, for an interpreter training program .................................................................... $100,000 

1240 

Alaska Statewide Independent Living Council, Inc. to continue and 

expand its Personal Care Attendant Program and to expand outreach efforts to the disabled living in rural Alaska ........................ 300,000 

American Hearing Impaired Hockey Association, Chicago, IL, for 

program expansion and recruitment ................................................ 130,000 

Angels’ Place, Southfield, MI, for an Abundant Life Services Program .................................................................................................... 100,000 

Center of Vocational Alternatives, Columbus, OH, for support of a 

computer training center ................................................................... 150,000 

Challenge Alaska, Anchorage, AK for a comprehensive recreation 

program benefiting people and families with disabilities of all 

ages ...................................................................................................... 200,000 

Enable America, Inc., Tampa, Florida, for civic/citizenship demonstration project for disabled adults ............................................... 1,000,000 

Kenai Peninsula Independent Living Center, AK, for its Total 

Recreation and Independent Living Services Project ...................... 150,000 

National Federation of the Blind, Baltimore, MD, for blind device 

testing, development, and dissemination ......................................... 1,000,000 

National Sports Center for the Disabled, Denver, CO, to expand 

adaptive sports program for therapeutic recreation ....................... 75,000 

Ohio Alliance of Community Centers for the Deaf, Worthington, 

OH for development of a model program ......................................... 250,000 

Peregrine Corporation, South Portland, ME, for STRIVE U, a postsecondary educational program for young adults with developmental disabilities .............................................................................. 190,000 

Pride Industries, Roseville, California, for training for persons with 

disabilities ........................................................................................... 250,000 

Rainbow Connection for a program of therapeutic horseback riding 

for the disabled in the Mat-Su Valley region of Alaska .................. 325,000 

Southeast Alaska Independent Living, Juneau, AK to continue a 

joint recreation and employment project with the Tlingit and 

Haida Tribe of Alaska in Southeast Alaska ..................................... 200,000 

University of Iowa College of Law—Rehabilitation Research and 

Training Center on Employment Policy for People with Disabilities ...................................................................................................... 750,000 

University of South Florida, St. Petersburg, FL, for research ........... 260,000 

University of South Florida, Tampa, FL, for a demonstration program in orthotics/prosthetics ............................................................. 1,000,000 

City of Anchorage, AK for support of the Veterans Wheelchair 

Games in Alaska ................................................................................ 300,000 

Vocational Guidance Services, Cleveland, OH to improve educational opportunities and employment outcomes, which may include the purchase of equipment ...................................................... 300,000 

The conference agreement includes $2,321,000 for migrant and 

seasonal farmworkers as proposed by the House instead of 

$2,500,000 as proposed by the Senate. The agreement includes 

$2,564,000 for recreational programs as proposed by the House instead of $2,750,000 as proposed by the Senate. The agreement includes $16,790,000 for protection and advocacy as proposed by the 

House instead of $18,000,000 as proposed by the Senate. The conferees intend that technical assistance for this activity be provided 

through a competitive multiyear grant with a small business or a 

national nonprofit organization that has the demonstrated capacity 

to carry out these activities. The conferees intend that the technical 

assistance be based on the identified needs of individuals with disabilities and do not intend that technical assistance funds be used 

for administrative responsibilities of the organization administering the programs. 

The conference agreement includes $21,799,000 for projects 

with industry as proposed by the House instead of $22,000,000 as 

proposed by the Senate. The agreement includes $37,680,000 for 

1241 

supported employment as proposed by the House instead of 

$38,000,000 as proposed by the Senate. 

The conference agreement includes $23,000,000 for independent living state grants as proposed by the Senate instead of 

$25,000,000 as proposed by the House. The agreement also includes $76,000,000 for Independent Living Centers instead of 

$75,000,000 as proposed by both the House and Senate. The agreement also includes $33,495,000 for services for older blind individuals instead of $35,000,000 as proposed by the House and 

$31,811,000 as proposed by the Senate. The agreement also includes $8,666,000 for the Helen Keller National Center as proposed 

by the House instead of $9,000,000 as proposed by the Senate. 

The conference agreement includes $108,652,000 for the National Institute on Disability and Rehabilitation Research instead 

of $106,652,000 as proposed by the House and $109,152,000 as proposed by the Senate. Within the conference agreement, the conferees have included an additional $2,000,000 to support NIDRR’s 

spinal cord injury model systems program. These funds, in addition 

to the $7,200,000 available within the budget request, will support 

$8,000,000 in new awards in fiscal year 2005 and $1,200,000 for 

continuation grants. The conferees intend that the additional funds 

should be used to support investments that could facilitate multicenter research on therapies, interventions and the use of technology, and encourage NIDRR to continue its collaboration with 

other federal agencies in order to leverage Federal investments in 

this area. 

The conferees are aware of field evidence and growing recognition that participation in sports by people with disabilities is a predictor of successful employment outcomes. The conferees urge the 

National Institute on Disability and Rehabilitation Research to 

conduct a study to validate the impact of adapted sports participation on employment outcomes for adults with physical disabilities 

and report the results of this study to Congress no later than May 

31, 2005. The study shall identify the population of people with 

physical disabilities who have participated in organized adapted 

sports programs; analyze the academic achievements, post secondary education attainment, and rate of employment among people with physical disabilities who participated in organized adapted 

sports programs compared with those who did not; and evaluate 

the impact of adapted sports participation on the mental, physical, 

and social well-being of the person with a disability and on the 

family. 

The conference agreement includes $30,000,000 for assistive 

technology instead of $15,000,000 as proposed by the House and 

$31,495,000 as proposed by the Senate. The conference agreement 

does not include language proposed by the Senate relating to the 

allocation of assistive technology funds. This language is no longer 

needed since the Assistive Technology Act was recently reauthorized. 

1242 

SPECIAL INSTITUTIONS FOR PERSONS WITH DISABILITIES

GALLAUDET UNIVERSITY

The conference agreement includes $105,400,000 for Gallaudet 

University as proposed by the Senate instead of $104,000,000 as 

proposed by the House. 

VOCATIONAL AND ADULT EDUCATION

The conference agreement includes $2,027,166,000 for Vocational and Adult Education instead of $2,025,456,000 as proposed 

by the House and $2,102,086,000 as proposed by the Senate. The 

agreement provides $1,236,166,000 in fiscal year 2005 and 

$791,000,000 in fiscal year 2006 funding for this account. 

The conference agreement includes $1,203,963,000 for Vocational Education basic State grants instead of $1,215,008,000 as 

proposed by the House and $1,194,295,000 as proposed by the Senate. 

The conference agreement includes $4,939,000 for the techprep education demonstration authorized under section 207 of the 

Perkins Act as proposed by the Senate. The agreement also includes $9,382,000 to continue the occupational and employment information program as proposed by the Senate. The House did not 

include funding for these activities. 

The conference agreement includes $574,266,000 for adult education state grants as proposed by the Senate instead of 

$574,372,000 as proposed by the House. 

The conference agreement also includes $95,238,000 for the 

smaller learning communities program instead of $101,698,000 as 

proposed by the House and $173,967,000 as proposed by the Senate. The conferees concur in the directions in House report 108– 

636. The conferees intend that the smaller learning communities 

program competition in calendar year 2005 include an increase in 

the size and scope of implementation grants, allow for 5-year implementation awards, and permit schools that have previously received implementation grants to receive additional assistance if 

needed to complete effective interventions in smaller learning communities. The conferees are concerned that the Department is 

using the 5 percent set-aside funds to support its broad high school 

reform agenda rather than providing direct technical assistance to 

schools receiving smaller learning awards. The conferees believe 

that a greater share of the 5 percent set-aside funds should be used 

to support direct technical assistance to grantees through providers 

with expertise in designing and implementing smaller learning 

communities. 

The conference agreement includes $5,000,000 for community 

technology centers instead of $11,000,000 as proposed by the Senate. The House did not propose funding for this activity. 

STUDENT FINANCIAL ASSISTANCE

The conference agreement includes $14,380,795,000 for Student Financial Assistance instead of $14,755,794,000 as proposed 

by the House and $14,859,694,000 as proposed by the Senate. 

1243 

The agreement provides a program level of $12,464,715,000 for 

Pell Grants instead of $12,830,000,000 as proposed by both the 

House and the Senate. The conference agreement also includes 

$785,000,000 for the supplemental educational opportunity grant 

program instead of $794,455,000 as proposed by the House and 

$799,850,000 as proposed by the Senate. The agreement includes 

$998,243,000 for Federal work study as proposed by the Senate instead of $998,502,000 as proposed by the House. The agreement 

does not include funding in fiscal year 2005 for Perkins capital contributions as proposed by the House. The Senate included 

$98,764,000 for this program. 

STUDENT AID ADMINISTRATION

The conference agreement includes $120,247,000 for student 

aid administration as proposed by the House instead of 

$121,000,000 as proposed by the Senate. 

HIGHER EDUCATION

The conference agreement includes $2,134,269,000 for Higher 

Education instead of $1,976,056,000 as proposed by the House and 

$2,148,458,000 as proposed by the Senate. 

Aid for Institutional Development 

The conference agreement includes $80,986,000 for strengthening institutions as proposed by the House instead of $85,000,000 

as proposed by the Senate. The conference agreement includes 

$95,873,000 for Hispanic Serving Institutions as proposed by the 

House instead of $100,000,000 as proposed by the Senate. The conference agreement also includes $12,000,000 for Alaska and Native 

Hawaiian Institutions instead of $13,000,000 as proposed by the 

Senate and $10,935,000 as proposed by the House. 

The conference agreement includes $24,000,000 for strengthening tribal colleges and universities, instead of $23,753,000 as 

proposed by the House and $25,000,000 as proposed by the Senate. 

The conferees agree that funds are to be used to support continuation of existing basic grants and new planning or implementation 

grant awards. The remaining funds shall be available for grants for 

renovation and construction of facilities, including repair and expansion. 

The conference agreement includes $7,500,000 for Tribally 

Controlled Postsecondary Vocational Institutions instead of 

$7,185,000 as proposed by the House and $8,000,000 as proposed 

by the Senate. The agreement also includes language proposed by 

the Senate notwithstanding any other provision of law or any regulation that the Secretary of Education shall not require the use of 

a restricted indirect cost rate for grants issued pursuant to the 

tribally controlled postsecondary vocational and technical institutions program. 

International Education and Foreign Language Studies 

The conference agreement includes $93,211,000 for the domestic activities of the international education and foreign language 

studies programs as proposed by the House instead of $89,211,000 

1244 

as proposed by the Senate. Within the conference agreement, 

$1,500,000 is included for a study by the National Research Council as described in House Report 108–636. 

Fund for the Improvement of Postsecondary Education 

The conference agreement includes $163,915,000 for the Fund 

for the Improvement of Postsecondary Education instead of 

$32,011,000 as proposed by the House and $157,700,000 as proposed by the Senate. Within the amounts provided for the Fund for 

the Improvement of Postsecondary Education, the conference agreement includes funding for the following: 

AIB College of Business, Des Moines, IA, for scholarships in captioning and court reporting ............................................................... $500,000 

Alabama A&M University Research Institute, Normal, AL, for programmatic activities and research .................................................... 600,000 

Alaska Christian College, Soldotna, AK for student scholarships, 

recruitment and salaries ................................................................... 435,000 

Alaska Pacific University in Anchorage, AK to continue support of 

its Rural Alaska Native Adult Distance Education Program ......... 300,000 

Albany State University, Albany, GA, in partnership with Darton 

College, for an initiative to increase the success of minority 

males and non-traditional students in postsecondary education, 

including student scholarships .......................................................... 350,000 

Alcorn State University, Alcorn State, MS, in partnership with 

Mississippi State University, for The National Institute for Rural 

Community Colleges .......................................................................... 750,000 

Allegheny College, Meadville, PA, for civic education activities ........ 50,000 

American Academy of Liberal Education, Washington, DC, to develop a national model for the study of American democracy at 

colleges and universities .................................................................... 100,000 

American Prosthodontic Society Foundation, Osceola, PA for scholarships and program costs related to prosthetic dentistry and 

clinical prosthodontics ....................................................................... 150,000 

American Samoa Community College, Pago Pago, AS, for its 

Trades, Industries and Technology Program ................................... 640,000 

Anderson University, Anderson, IN, for educational programming 

related to the Flagship Enterprise Center ....................................... 250,000 

Artspace Projects, Inc, Minneapolis, MN for the Artspace Projects 

Distance Education Initiative, which may include the acquisition 

of technology ....................................................................................... 100,000 

Association of Jesuit Colleges and Universities, Washington, DC, 

for its Center for Online Bioethics Education ................................. 250,000 

Augsburg College, Minneapolis, MN, for a postbaccalaureate program for underrepresented students, including student stipends 240,000 

Ball State University, Muncie, IN, for Digital Middletown ............... 250,000 

Baylor University, Health and Education Wellness Department, 

Waco, TX, for GEAR UP Waco, a college preparedness program 500,000 

Belin-Blank Center at the University of Iowa, Iowa City, IA for the 

Big 10 school initiative to improve minority student access to Advanced Placement courses ................................................................. 145,000 

Bennett College, Greensboro, NC, for technology, equipment, curricula, and library collections ............................................................ 320,000 

Berea College, Berea, KY for support of science education programs, which may include the acquisition of technology and 

equipment ........................................................................................... 500,000 

Berea College, Louisville, KY, for an educational partnership initiative including scholarships ................................................................ 50,000 

Bethel College, McKenzie, TN to improve science facilities and to 

purchase equipment ........................................................................... 100,000 

Bethune Cookman College, Daytona Beach, FL to expand services 

at the Continuing Education Center at St. John ............................ 100,000 

Bevill State Community College, Sumiton, Alabama, for English as 

a Second Language (ESL) Laboratories ........................................... 300,000 

1245 

Bloomfield College, Bloomfield, NJ, for an initiative to recruit and 

retain minority students in nursing and allied health professions 140,000 

Boston College, MA, to equip a science facility ................................... 750,000 

Bowie State University, Bowie, MD, for a project to attract, prepare and retain African American and other minority males in 

the teaching profession, including student support ........................ 350,000 

Brookdale Community College, Lincroft, NJ, for technology ............. 75,000 

Bucknell University, Lewisburg, PA, for campus-wide technology 

infrastructure upgrades, including wireless technology ................. 420,000 

C*R*E*A*T*E for Mississippi, Tupelo Mississippi Public Schools 

for statewide teacher network to model successful, replicable 

technology application and utilization in classrooms ...................... 300,000 

Cabrini College, Radnor, PA, for equipment and educational programming for the Center for Science, Education and Technology 200,000 

Caldwell College, Caldwell, New Jersey, for Center for Excellence 

in Teaching Initiative ........................................................................ 50,000 

Caldwell County Education Consortium, Hudson, NC for The 

Teaching Center ................................................................................. 112,000 

California Institute of Arts, Valencia, CA, for technology and training ........................................................................................................ 200,000 

California State University Channel Islands, Camarillo, CA, for a 

baccalaureate degree program in nursing ........................................ 200,000 

California State University, Bakersfield Department of Nursing, 

Bakersfield, CA, for nurse training equipment ............................... 180,000 

California State University, Chico, CA for equipment ....................... 500,000 

California State University, Hayward, CA, for professional development, equipment and technology for distance education programs 425,000 

California State University, Long Beach, CA, for its Technology 

Enhanced Literacy Project ................................................................ 250,000 

California State University, San Marcos, CA, to establish a nursing 

program ............................................................................................... 400,000 

Calumet College of St. Joseph, Whiting, IN, for a Public Safety 

Support Center Program ................................................................... 1,300,000 

Carlow College, Pittsburgh, PA for program and administrative 

support, which may include acquisition of technology .................... 100,000 

Cazenovia College, Cazenovia, NY, to provide equipment for Art & 

Design building .................................................................................. 100,000 

Centenary College, Hackettstown, NJ, to expand IT infrastructure 105,000 

Center for Community Transformation, Chicago, IL, to support faculty, student fellowships, and ongoing secular educational activities in community leadership transformation .................................. 100,000 

Central Florida Community College, Lecanto, FL, for a nursing 

program ............................................................................................... 250,000 

Central Florida Community College, Ocala, FL, for curriculum development and technology ................................................................. 150,000 

Central Michigan University, Mt. Pleasant, MI, for education and 

training programs .............................................................................. 100,000 

Central Piedmont Community College, Charlotte, NC, for a 

Geospatial Technology Training Center ........................................... 500,000 

Centralia College, Centralia, WA, for nursing laboratory equipment, setup and training, and for library resources and technology .................................................................................................. 200,000 

Charleston Southern University, Charleston, SC, for technology 

and equipment .................................................................................... 250,000 

Cheyney University, Cheyney, PA for planetarium upgrades ........... 100,000 

Chicago State University, Chicago, IL, for the School of Pharmacy 225,000 

Christopher Newport University, Newport News, VA to support 

international studies .......................................................................... 200,000 

City of Oelwein, IA to plan for a new higher education facility and 

programs ............................................................................................. 100,000 

Clarion University, Clarion, PA for the CONNECT NWPA Clarion 

U/North West Regional Commission Collaborative Educational 

Technology Initiative ......................................................................... 100,000 

Clark State Community College, Springfield, OH, for equipment .... 300,000 

Clatsop Community College, Astoria, OR, for equipment and technology for its Technology for Student Access Initiative .................. 320,000 

1246 

Cleary University, Ann Arbor, MI, for equipment and technology 

for the Washtenaw campus ............................................................... 210,000 

Cleary University, Howell, MI, for technology .................................... 200,000 

Cleveland Institute of Art, Cleveland, OH for expansion of programs ................................................................................................... 250,000 

Cleveland Scholarship Programs, Inc., Cleveland, OH, for student 

scholarships ........................................................................................ 400,000 

Clinton School of Public Service at the University of Arkansas, for 

endowment scholarships and curriculum development .................. 1,000,000 

College of Lake County, Grayslake, IL, to develop and implement 

English Second Language instructional classes .............................. 250,000 

College of New Jersey, Ewing, NJ, for the Bonner Center for Civic 

and Community Engagement ............................................................ 340,000 

College of Southern Idaho, to implement the Partnership to Build 

Capacity for Latino Access and Leadership Project ........................ 250,000 

College of Southern Idaho, Twin Falls, ID, to implement an Enhanced Paraprofessional Training program ..................................... 200,000 

College of St. Elizabeth, Morristown, NJ, for a teacher training program for math and science ................................................................ 100,000 

Columbus Healthcare Workforce Center, Columbus, OH, for nurse 

training ............................................................................................... 450,000 

Community College of Allegheny County, Pittsburgh, PA for technical education ................................................................................... 500,000 

Community College of Allegheny County, Pittsburgh, PA, to develop a Health Career Education Institute ...................................... 100,000 

Community College of Beaver County, Beaver Falls, PA, for educational programs, including the acquisition of technology ............ 100,000 

Community College of Rhode Island (CCRI), Warwick, RI, for 

Learning and Literacy Centers ......................................................... 265,000 

Concurrent Technologies Corporation, Largo, FL for the community 

college/vocational industry cluster hubs project .............................. 1,000,000 

Connecticut State University System, Hartford, CT, for a project to 

enhance teacher workforce diversity, recruitment and retention .. 750,000 

Culver-Stockton College, Canton, MO, for equipment and technology .................................................................................................. 100,000 

Cumberland College, Williamsburg, KY for equipment and curriculum development for its science programs and facilities ......... 500,000 

Cuyahoga Community College, Cleveland, OH for equipment and 

programming for the Centers for Nursing and Health Careers ..... 425,000 

Dakota State University in Madison, South Dakota for the Information Assurance Program ............................................................... 250,000 

Darton College, Albany, GA, for the rural technology network ......... 650,000 

Dean College, Franklin, MA, to improve services for students with 

disabilities, including technology, curricula and assessment activities ................................................................................................. 150,000 

Defiance College, Defiance, OH, for curriculum development and 

equipment for forensic science program ........................................... 250,000 

Del Mar College, Corpus Christi, TX, for faculty and equipment for 

nursing, dental and allied health programs .................................... 340,000 

Delaware County Community College, Media, PA, for technological 

infrastructure and to support career counseling at the Small 

Business Resource and Development Center ................................... 50,000 

Delta College, University Center, MI, for equipment and technology 

for its technical trades and manufacturing complex ....................... 200,000 

Delta State University, Cleveland, MS for the Delta Education Initiative .................................................................................................. 1,000,000 

Des Moines Area Community College, Ankeny, IA, for a Career 

Academy Consortium Project ............................................................ 400,000 

Des Moines Area Community College, IA, for a Comprehensive 

Deaf Services Center .......................................................................... 400,000 

Des Moines Higher Education Collaborative for wiring and curriculum development at the John and Mary Pappajohn Higher 

Education Center ............................................................................... 650,000 

DeSales University, Center Valley, PA, for computer wiring and 

technology upgrades related to training K–12 teachers and students .................................................................................................... 200,000 

1247 

Dillard University, New Orleans, LA, for equipment for its Consolidated Sciences Institute .................................................................... 200,000 

Dowling College, Oakdale, NY, for development of a certificate program in integrated emergency management ................................... 300,000 

Duquesne University, Pittsburgh, PA, for equipment and wiring for 

a supercomputing facility .................................................................. 100,000 

Dutchess Community College, Poughkeepsie, NY, for the upgrade 

of the college computer network ....................................................... 50,000 

EARTH University Foundation, Atlanta, GA for student scholarships .................................................................................................... 500,000 

East Stroudsburg University, East Stroudsburg, PA, for technological infrastructure related to the Center for Research and Economic Development ............................................................................ 200,000 

Eastern Oregon University to train rural community nurses ........... 250,000 

Eastern University, St. Davids, PA, for equipment, professional development and outreach to develop the Nueva Esperanza Center 

for Higher Education as a branch of the university ........................ 100,000 

Eckerd College, St. Petersburg, FL, for the Leadership Training 

Program .............................................................................................. 500,000 

Eckerd College, St. Petersburg, FL, to upgrade educational computing and technology ........................................................................ 1,000,000 

Edison Community College, Punta Gorda, FL, to expand nursing 

programs ............................................................................................. 100,000 

Edmonds Community College, Lynnwood, WA, to expand the Mathematics Across the Curriculum Project ............................................ 100,000 

Emerson College, Boston, MA for the completion of the Tufte Performance and Production Center ...................................................... 560,000 

Emmanuel College, Boston, MA, for educational equipment and 

program development ........................................................................ 200,000 

Emporia State University, Emporia, KS for technology ..................... 250,000 

Esperanza USA, Philadelphia, PA, for education programs and to 

prepare individuals for post-secondary education ........................... 75,000 

Everett Community College, Everett, WA, to plan, develop and implement one or more Early College High Schools, in conjunction 

with Whatcom Community College and Skagit Valley College ...... 600,000 

Fairleigh Dickinson University, Madison, NJ, for equipment, technology, and personnel for its Global Virtual Faculty distance education initiative .................................................................................. 150,000 

Federation of American Scientists for Digital Promise, Washington, 

DC, for creating a Digital Opportunity Investment Trust (DO IT) 

project .................................................................................................. 500,000 

Federation of Independent Illinois Colleges and Universities, 

Springfield, IL, for the Illinois Century Network ............................ 75,000 

Florida Campus Compact, Tallahassee, FL, to enhance service 

learning on college campuses throughout Florida ........................... 450,000 

Folsom Lake College, Folsom, CA, for computers, program development and teacher stipends ................................................................ 150,000 

Fort Hays State University, Hays, KS for distance learning ............. 250,000 

Fort Lewis College, Durango, CO, for the Institute of Southwest 

Studies ................................................................................................ 100,000 

Gateway Community College, New Haven, CT, for equipment for a 

skilled nursing laboratory ................................................................. 100,000 

George Meany Center for Labor Studies—the National Labor College for curriculum development ...................................................... 900,000 

Georgetown College, Georgetown, KY, for its Center for Commerce, 

Language & Culture .......................................................................... 200,000 

Georgia College and State University, Milledgeville, GA, Paul 

Coverdell Institute and Archives ...................................................... 100,000 

Georgian Court University, Lakewood, NJ, for distance learning .... 225,000 

Governors State University, University Park, IL, for the College of 

Education’s Family Development Center ......................................... 150,000 

Greater Philadelphia Bioinformatics Alliance, Philadelphia, PA to 

implement training, research and dissemination efforts to form a 

national and international center of excellence in bioinformatics 25,000 

Grossmont-Cuyamaca Community College District, El Cajon, CA, 

for equipment and student assistance .............................................. 95,000 

1248 

Grossmont-Cuyamaca Community College District, El Cajon, CA, 

for science equipment ........................................................................ 99,000 

Harcum College, Bryn Mawr, PA to develop curriculum and acquire technology ................................................................................. 200,000 

Harrisburg University of Science and Technology, Harrisburg, PA 

for curriculum development, laboratory equipment and technology and personnel ......................................................................... 1,000,000 

Haskell Indian Nations University, Lawrence, KS, for equipment 

and technology for mathematics, science, and engineering laboratories .................................................................................................... 700,000 

Heartland Community College, Normal, IL, for computer equipment .................................................................................................... 63,000 

Hepatitis B Foundation, Doylestown, PA for education programs to 

prepare post-secondary students for careers in biomedical research, public health and biotechnology .......................................... 150,000 

Hickory Metropolitan Higher Education Center, Hickory, NC for 

expanded programming ..................................................................... 112,000 

Highline Community College, Des Moines, WA, for its Marine 

Science and Technology Center ......................................................... 320,000 

Hillsborough Community College, Tampa, FL, for a veterinary 

technician education program ........................................................... 200,000 

Hofstra University, Hempsted, NY, to produce and offer distanceeducation on rehabilitation and independent living for persons 

who are deaf ....................................................................................... 500,000 

Idaho State University, Pocatello, ID, for a masters degree program 

in Dental Hygiene .............................................................................. 500,000 

Idaho State University, Pocatello, ID, for the Virtual Idaho Museum of Natural History .................................................................... 250,000 

Ihanktonwan Community College in Marty, South Dakota for curriculum and institutional development ............................................ 150,000 

Ilisagvik College in Barrow, AK for infrastructure improvements in 

Barrow, AK and North Slope villages to improve access to distance education courses provided by the college ............................. 250,000 

Illinois Institute of Independent Colleges and Universities, Springfield, IL, for Project Connect ............................................................. 600,000 

Illinois State University, Normal, IL for the Joe Warner Teaching 

Nursing Home Project ....................................................................... 62,000 

Immaculata University, Immaculata, PA, for technology, equipment, and professional development to enhance nursing education programs .................................................................................. 100,000 

Indiana University of Pennsylvania, Indiana, PA, for the Computing Services Center to train K–12 teachers and for the National Institute for Corrections Education to provide professional 

development for corrections education teachers .............................. 50,000 

Indiana University, Bloomington, IN, to develop a bachelor of 

science program in biotechnology, including equipment ................. 400,000 

Innovation Works, Pittsburgh, PA, to enhance research and development in collaboration with local institutions of higher education and regional manufacturers ................................................... 100,000 

Iowa Central Community College, Fort Dodge, IA, for the Dental 

Hygienist Program ............................................................................. 500,000 

Iowa Lakes Community College to create a Wind Energy and Turbine Technology education program ................................................. 500,000 

Iowa Student Aid Commission to continue a program of loan forgiveness for teachers .......................................................................... 500,000 

Iowa Valley Community College to expand educational outreach in 

the Hispanic community .................................................................... 500,000 

Isothermal Community College, Spindale, NC, for operation of a 

Material Testing Laboratory ............................................................. 85,000 

Ivy Tech State College, Bloomington, IN, for development of an associates degree program in biotechnology and student scholarships .................................................................................................... 550,000 

IWF Leadership Foundation, Washington, DC, for a scholarship 

fund ..................................................................................................... 500,000 

Jackson State University, Jackson, MS for the Project Urban Mississippi: Teachers, Technology, and Research ................................. 500,000 

1249 

Jacksonville State University, Jacksonville, AL, for the Viper Doppler Radar Training System ................................................................ 60,000 

Johnson C. Smith University, Charlotte, NC, for a technology education and training initiative ............................................................ 320,000 

Jones County Junior College, Ellisville, MS, for equipment for an 

advanced technology center ............................................................... 300,000 

Kansas State University, Manhattan, KS for curriculum development .................................................................................................... 1,000,000 

Kansas State University, National Institute for Academic Alliances, Manhattan, KS, for enhancing academic programs ............. 250,000 

Kent State University, Kent, OH for equipment and curriculum for 

the Northeastern Ohio Consortium for Biopreparedness ............... 750,000 

Kentucky Community and Technical College System, Lexington, 

KY for curriculum development and acquisition of technology for 

the Center for Excellence in Automotive Manufacturing ............... 500,000 

Kishwaukee College, Malta, IL, for a new computer system ............. 250,000 

La Sierra University, Riverside, CA, for science and computer 

equipment software ............................................................................ 100,000 

Lackawanna College, Scranton, PA, to develop a communication 

arts program through technology acquisition and program development ................................................................................................ 200,000 

Lake Erie College of Osteopathic Medicine, Erie, PA for a program 

in pharmacy ........................................................................................ 155,000 

Langston University, Langston, OK for a Thurgood Marshall Scholarship endowment .............................................................................. 100,000 

Laredo Community College, Laredo, TX for equipment and materials ..................................................................................................... 250,000 

Lawrence Technological University, Southfield, MI, for equipment 225,000 

Lenoir Community College, Kinston, NC, for a training program in 

captioning and Communication Access Realtime Translation 

(CART), including student scholarships ........................................... 240,000 

Lewis and Clark Community College, Godfrey, IL, for its National 

Great Rivers Research and Education Center ................................. 540,000 

Lewis-Clark State College, Lewiston, ID to continue and expand 

the American Indian Students in the Leadership of Education 

Program .............................................................................................. 450,000 

Lincoln University, Lincoln University, PA for support of science 

education laboratories and programs, which may include the acquisition of equipment and technology ............................................. 100,000 

Lock Haven University, Lock Haven, PA for professional development partnerships and related services ........................................... 900,000 

Lorain Community College, Elyria, OH to support the Learning 

Technology Center .............................................................................. 300,000 

Los Angeles Valley College, Valley Glen, CA, for its Fast-Track 

Nursing Career Program ................................................................... 200,000 

Louisiana State University in Baton Rouge, LA, for the John 

Breaux Political Papers and Research Collection Project ............... 300,000 

Lourdes College, Sylvania, OH, for science equipment, technology 

and instructional resources, and for the Lourdes College Planetarium ................................................................................................. 325,000 

Loyola University, New Orleans, for the Lindy Boggs National Center on Community Literacy ............................................................... 350,000 

Luther College, Decorah, IA, for the Valders Hall of Science Project 250,000 

Luzerne County Community College, Nanticoke, PA, for a training 

program in realtime court reporting and captioning, which may 

include student scholarships ............................................................. 370,000 

Maine Metal Products Association, Westbrook, ME, to establish a 

National Institute of Metalworking Skills Management Center ... 250,000 

Manatee Community College, Bradenton, FL, for Teaching for 21st 

Century Student Success demonstration program .......................... 75,000 

Maricopa County Community College District, Phoenix, AZ, for the 

Hispanic Bilingual Nursing Fellows Program and for educational 

programs to train court reporters ..................................................... 200,000 

Maricopa County Community College District, Tempe, AZ, for its 

Bilingual Nursing Fellows Program ................................................. 250,000 

1250 

Marquette University, Milwaukee, WI, for service learning and 

community outreach programs at The Les Aspin Center for Government in Washington, D.C. ........................................................... 200,000 

Martin Methodist College, Pulaski, TN, for library materials, technology and personnel for a baccalaureate nursing program .......... 300,000 

Mary Mason Community Foundation, Philadelphia, PA, for a college assistance program, including student scholarships ............... 100,000 

Marymount University, Arlington, VA, for scholarships for students 

seeking a dual certification in special and elementary education 100,000 

Maryville College, Maryville, TN for the Center for Effective Communities .............................................................................................. 150,000 

McNeese State University, Lake Charles, LA, for the Southwest 

Louisiana Academy for Innovative Teaching and Learning, including student scholarships ............................................................. 600,000 

Mercer University, Macon, GA for a critical personnel development 

program ............................................................................................... 250,000 

Mercy College, Dobbs Ferry, NY, for the development of a registered nursing program .................................................................... 150,000 

Mercyhurst College, Erie, PA to develop an Institute for Arts Based 

Teacher Education ............................................................................. 100,000 

Miami University, Oxford, OH, for equipment ................................... 400,000 

Michigan Jewish Institute, Oak Park and Bloomfield, MI, for a new 

computing curriculum ........................................................................ 150,000 

Middle Tennessee State University, Murfreesboro, TN, for equipment and personnel for biotechnology training initiatives ............. 100,000 

Middlesex Community College, Lowell, MA, to acquire and implement the SCHEDULE25 program and other technology upgrades 100,000 

Millersville University, Millersville, PA for curriculum development 

and technology for science, environmental, occupational safety 

and health education programs ........................................................ 100,000 

Mills College, Oakland, CA, for its Institute for Civic Leadership 320,000 

Mississippi State University, Starkville, MS, for digital production 

equipment for the Wise Center-Broadcast Facility ......................... 315,000 

Mississippi State University, Starkville, MS, for the National Center on Rural Early Childhood Learning Initiatives, which shall 

include the Sesame Street-Between the Lions effort to produce 

and distribute multi-media educational and training materials .... 2,100,000 

Mississippi University for Women, Columbus, MS, for research and 

outreach programming of the Southern Women’s Institute ........... 500,000 

Mississippi University for Women, Columbus, MS, Plymouth Bluff 

Center for Scientific and Historical Enrichment ............................. 500,000 

Mississippi Valley State University, Itta Bena, MS, for curriculum 

development ........................................................................................ 1,000,000 

Missouri Southern State University, Joplin, Missouri, for equipment .................................................................................................... 1,301,000 

Monroe Community College, Rochester, NY, for training and equipment .................................................................................................... 500,000 

Montana State University, Billings, MT, to provide degree and certificate workforce education programs in the healthcare industry 400,000 

Montgomery College, Rockville, MD, for equipment and technology 

to establish wireless mobile classrooms in engineering and computer sciences ..................................................................................... 410,000 

Montgomery County Community College, Blue Bell, PA, for equipment and technology acquisition in support of the Advanced Center for Technology .............................................................................. 50,000 

Moravian College, Bethlehem, PA, for equipment, technology, and 

curriculum development for a science initiative .............................. 100,000 

Morehead State University, Morehead, KY, to establish a center on 

homeland security policy ................................................................... 500,000 

Morehouse College, Atlanta, GA, for an Education Technology and 

Telecommunications Project .............................................................. 600,000 

Morehouse College, Atlanta, GA, to conduct public and social research on issues affecting African American and minority males 

at the Morehouse Research Institute ............................................... 160,000 

Muhlenberg College, Allentown, PA, to develop a program for advanced discovery in the exploration of the physical and life 

sciences at the secondary and post-secondary grade levels ............ 175,000 

1251 

National Academies’ Science, Technology and Economic Policy 

(STEP) Board, Washington, DC to study changing labor force requirements .......................................................................................... 200,000 

National Association of Hispanic Publications Foundation, Washington, DC, to improve access to higher education and financial 

aid opportunities for Hispanic students, including awareness programs in Spanish ............................................................................... 75,000 

National Center for Disability and Access to Education in Logan, 

UT to address distance education for individuals with disabilities 300,000 

National College Access Network, Cleveland, OH for expanding 

and strengthening of programs ......................................................... 500,000 

N’DIGO Foundation, Chicago, IL, for a merit-based college scholarship program ...................................................................................... 100,000 

Nevada State College to create a digital learning center ................... 250,000 

New Mexico Association of Community Colleges, Santa Fe, NM, for 

a dental distance education program ............................................... 250,000 

New Mexico State University and Dono Ana Branch Community 

College to expand its manufacturing bridge program ..................... 50,000 

New York University, New York, NY, for the John Brademas Center for the Study of Congress, which may include student scholarships and an endowment ............................................................... 1,300,000 

North Dakota State College of Science, Wahpeton, ND, for a Center 

for Nanoscience Technology Training ............................................... 200,000 

North Dakota State School of Science, Wahpeton, ND, to continue 

telepharmacy training in North Dakota .......................................... 200,000 

North Florida Community College, Madison, FL for a registered 

nursing program ................................................................................. 300,000 

North Shore Community College, Danvers, MA, for information 

technology and educational equipment for science center .............. 200,000 

North Shore Community College, Danvers, MA, for workforce development, entrepreneurship education, professional development, distance education, and outreach programs .......................... 350,000 

Northern Illinois Center for Accelerator and Detector Development 

at Northern Illinois University, DeKalb, IL .................................... 2,000,000 

Northern Illinois University, DeKalb, IL for support of the Vibration and Acoustics Center .................................................................. 100,000 

Northern Illinois University, DeKalb, IL, for an Intelligent Tutoring Center ........................................................................................... 300,000 

Northern Illinois University, DeKalb, IL, to establish a 

Nanoscience Institute ........................................................................ 500,000 

Northern Kentucky University for the Institute for New Economy 

Technologies ....................................................................................... 500,000 

Northern Kentucky University, Highland Heights, KY, for its Institute for Public Policy Research and Service .................................... 300,000 

Northern Michigan University, Marquette, MI, for operating expenses of the United States Olympic Education Center, including 

student support .................................................................................. 440,000 

Northwest Shoals Community College, Phil Campbell, AL, for new 

technology upgrades ........................................................................... 250,000 

Northwestern College, Orange City, IA, for equipment ..................... 25,000 

Nova Southeastern University, Fort Lauderdale, FL, for a Latino 

Literacy and Technology Training program .................................... 50,000 

Nova Southeastern University, Ft. Lauderdale, FL, for the Shepard 

Broad Law Center Minority Outreach Online Project .................... 250,000 

Ocean County College, Toms River, NJ, for the Center for Marine 

Studies ................................................................................................ 75,000 

Oglala Lakota College in Kyle, South Dakota for nursing education 250,000 

Oklahoma State Board of Regents for Higher Education, Oklahoma 

City, OK to expand the One-Net program for distance learning 

into rural areas of Oklahoma ............................................................ 100,000 

Oregon Institute of Technology, Klamath Falls, OR, for equipment 120,000 

Orleans Technical Institute, Philadelphia, PA, for equipment and 

educational programs to train court reporters ................................ 50,000 

Pacific Lutheran University, Tacoma, WA, for programmatic support, technology and furnishings for its Center for Learning and 

Technology .......................................................................................... 950,000 

Palo Verde Community College District, Blythe, CA, for equipment 500,000 

1252 

Penn State, University Park, PA, for the Penn State Washington 

Program .............................................................................................. 25,000 

Philadelphia University, Philadelphia, PA, for technology upgrades 

and to develop an instructional delivery system which will focus 

on the integration of technology into coursework ............................ 500,000 

Philander Smith College, Little Rock, AR, for equipment, supplies, 

furnishings and personnel for the Harry R. Kendall Science and 

Health Mission Center ....................................................................... 320,000 

Peirce College, Philadelphia, PA, for technology upgrades and 

course development for the Peirce Online Four-Year Distance 

Learning initiative ............................................................................. 200,000 

Pittsburgh Digital Greenhouse, Pittsburgh, PA, to facilitate work 

between research universities ........................................................... 150,000 

Pittsburgh Tissue Engineering Initiative, Pittsburgh, PA, for professional development and to develop education programs ............ 250,000 

Potter County Education Council, Coudersport, PA for equipment 150,000 

Pratt Institute, Brooklyn, NY, for equipment and technology, personnel and faculty professional development .................................. 320,000 

Providence College, Providence, RI, for equipment, technology and 

education programs for its Center for the Arts ............................... 700,000 

Pulaski Technical College, North Little Rock, AR, for library equipment, technology, furnishings and collections ................................. 320,000 

Purchase College, State University of New York, Purchase, NY, to 

improve postsecondary education, increase access for minority 

students, and enhance student support services ............................. 250,000 

Ramapo College, Mahwah, NJ, for technology and equipment for 

the Sustainability Education Center ................................................ 70,000 

Regional Learning Alliance, Marshall Township, PA, to acquire instructional technology and to develop programming as part of a 

life-long education services initiative for Pittsburgh regional industry and community residents ...................................................... 200,000 

Research Center for Cultural Diversity and Community Renewal, 

University of Wisconsin—La Crosse, WI, for Project TEACH and 

Project FORWARD ............................................................................. 250,000 

Rhode Island College Foundation, Providence, RI, for an interdisciplinary research and education center regarding the history 

of child welfare ................................................................................... 75,000 

Rhodes College, Memphis, TN, for the Rhodes College Learning 

Corridor project to expand an educational outreach and partnership program between the University and the Shelby County 

public school system ........................................................................... 250,000 

Riverside Community College District, Riverside, CA for curriculum development of the Middle College initiative .................... 100,000 

Robert Morris University, Moon Township, PA, for equipment and 

development of its nursing and allied health programs ................. 100,000 

Roberts Wesleyan College, Rochester, NY for a distance education 

program ............................................................................................... 100,000 

Rowan University, Glassboro, NJ for an Engineering and Technology Satellite Campus in Pomona, NJ .......................................... 200,000 

Rutgers University School of Law, Camden, NJ, for student scholarships and loan repayment, internships, and public interest programming ............................................................................................ 640,000 

Sacramento City College, Sacramento, CA, for its Allied Health 

Professions Recruitment and Retention Center .............................. 400,000 

Saginaw Valley State University, University Center, MI for a crisis 

intervention training center .............................................................. 200,000 

Saint John Fisher College, NY for the School of Pharmacy .............. 100,000 

Saint Joseph’s College, Brooklyn, NY, for equipment and technology for ‘‘smart classrooms’’ at its Brooklyn and Patchogue 

campuses ............................................................................................. 400,000 

Saint Leo University, St. Leo, FL, for a Corporate to Classroom 

Transition Program ............................................................................ 130,000 

Saint Vincent College, Latrobe, PA, to develop early childhood education programs for the Fred. M. Rogers Center for Early Learning and Children’s Media .................................................................. 100,000 

1253 

Salve Regina University, Newport, RI, for equipment and personnel for its Center for Advanced Teaching and Learning in 

Science and Technology ..................................................................... 400,000 

San Jose State University Foundation, San Jose, CA for the development of paramedic and clinical laboratory scientist training 

programs ............................................................................................. 440,000 

San Pasqual Academy, Escondido, CA, for information technology 

infrastructure ..................................................................................... 120,000 

Santa Clarita Community College District, Santa Clarita, CA, for 

equipment for the University Center at College of the Canyons 200,000 

Santa Fe Community College, Gainesville, FL, for equipment and 

training ............................................................................................... 500,000 

School District of Philadelphia, Philadelphia, PA, for the College 

Opportunity Resources for Education (CORE) Philly Scholarship 

Program .............................................................................................. 750,000 

Security on Campus, Inc., King of Prussia, PA, to develop and conduct regional training sessions on compliance with the Clery Act 

and the technical assistance handbook ............................................ 25,000 

Self Enhancement Inc, Portland, OR, for family support and violence and substance abuse prevention programs ............................ 250,000 

Seminole State College, Seminole, OK for technology equipment ..... 100,000 

Seminole State College, Seminole, OK, for the Excel-erated Transitional Nursing program ..................................................................... 50,000 

Seminole State College, Seminole, OK, to improve student retention and graduation rates .................................................................. 25,000 

Sheldon Jackson College, Sitka, AK, for the Adult Learners Program .................................................................................................... 500,000 

Shippensburg University Foundation, Shippensburg, PA, for the 

Center for Land Use .......................................................................... 170,000 

Shippensburg University, Shippensburg, PA, for equipment, technology and curriculum development for a Performing Arts Center 200,000 

Shoreline Community College, Shoreline, WA, for a Center for 

Manufacturing Excellence ................................................................. 700,000 

Sisseton Wahpeton College in Agency Village, South Dakota for a 

Dakota language preservation program ........................................... 250,000 

Snead State Community College, Boaz, AL for a nursing program 400,000 

Snow College, Ephraim, UT to support a distance learning program 200,000 

Sonoma State University, Rohnert Park, CA, for the Osher Lifelong 

Learning Institute, including student scholarships and coordination with the nationwide Osher network ......................................... 200,000 

South Carolina State University, Orangeburg, SC for equipment 

and program support ......................................................................... 350,000 

South Florida Community College, Avon Park, FL, for equipment 200,000 

Southeast Missouri State University, Cape Girardeau, Missouri, for 

equipment ........................................................................................... 550,000 

SouthEastern Pennsylvania Consortium for Higher Education, PA, 

for the Institute for Mathematics and Science to provide professional development to K–12 teachers ............................................... 750,000 

Southern Illinois University, Carbondale, IL, for the Paul Simon 

Public Policy Institute, including an endowment ............................ 1,000,000 

Southern Maine Community College, South Portland, ME, to develop an entrepreneurial/business ownership certificate program, 

student business incubator and high school entrepreneurial programs ................................................................................................... 150,000 

Southern Methodist University, Dallas, TX, for equipment .............. 500,000 

Southern New England School of Law, North Dartmouth, MA, for 

the Immigration Law Clinic, including student stipends ............... 125,000 

Southern New Hampshire University, New Hampshire to continue 

and expand a distance learning program ......................................... 250,000 

Southwestern Indian Polytechnic Institute, Albuquerque, NM for 

technical skills training ..................................................................... 35,000 

Stark State College of Technology, Canton, OH for outreach and 

expansion activities ............................................................................ 300,000 

State University of New York at Geneseo, Geneseo, NY, for equipment .................................................................................................... 250,000 

State University of New York Orange County Community College, 

Middletown, NY, for the Newburgh Extension Center ................... 250,000 

1254 

State University System of Florida to continue a partnership on 

identifying and addressing the highest priority issues in K–12 

education ............................................................................................. 100,000 

Sweetwater Education Foundation, for its Compact for Success program, including student scholarships ............................................... 540,000 

Syracuse University in New York to establish the Daniel Patrick 

Moynihan Global Affairs Institute, including support for an endowment .............................................................................................. 5,000,000 

Tacoma Community College, Tacoma, WA, for equipment, technology, and furnishings for an open computer lab .......................... 450,000 

Tallahassee Community College, Tallahassee, FL, to establish satellite education centers ...................................................................... 300,000 

Tarleton State University, Stephenville, TX, for equipment and 

technology for its Center for the Advancement of Rural Nursing 

Education ............................................................................................ 350,000 

Texas State University, San Marcos, TX, for a Round Rock Higher 

Education Center (RRHEC) in Round Rock, TX ............................. 250,000 

Texas Tech University, Lubbock, TX for the Center for the Study 

of Addiction ......................................................................................... 250,000 

Texas Wesleyan University School of Law, Fort Worth, TX, for 

technology improvements .................................................................. 411,000 

Thiel College, Greenville, PA to support agriculture and biology 

programs, which may include the acquisition of equipment .......... 100,000 

Thiel College, Greenville, PA, for campus-wide technology infrastructure upgrades ............................................................................. 130,000 

Thurgood Marshall Scholarship Fund, New York, NY, for capacity 

building activities at historically black colleges .............................. 400,000 

Touro University—California, Vallejo, CA, to design, develop and 

implement College of Education programs on its Mare Island 

campus ................................................................................................ 500,000 

Trenholm State Technical College, Montgomery, AL, for equipment 90,000 

Trident Technical College, Charleston, South Carolina, to equip the 

hospitality, tourism and culinary arts program .............................. 250,000 

Troy State University, Troy, AL, for the Virtual University of the 

Armed Forces and Others .................................................................. 125,000 

United Negro College Fund Special Programs Foundation, Fairfax, 

VA, for a capacity building project benefiting historically black 

colleges and universities, including instrumentation acquisition, 

professional development for faculty, and scholarships for students .................................................................................................... 125,000 

University of Akron, Akron, OH for a distance learning program 

with the Bliss Institute ...................................................................... 150,000 

University of Akron, Akron, OH for an aerospace systems engineering degree program ............................................................................ 200,000 

University of Akron, Akron, OH for emergency management curriculum and technology ..................................................................... 150,000 

University of Alabama, Tuscaloosa, AL for laboratory equipment .... 325,000 

University of Alaska Statewide Office for the University of Alaska 

Leadership Institute/Center for Civics Democracy ......................... 250,000 

University of Alaska/Southeast for the Alaska Distance Education 

Technology Consortium ..................................................................... 500,000 

University of Alaska/Southeast to develop distance education 

coursework for arctic engineering courses and programs ............... 100,000 

University of Arizona Health Science Center, Tucson, AZ, for the 

combined family practice residency/integrative medicine fellowship training program ........................................................................ 100,000 

University of Arizona to establish an indigenous peoples law and 

policy project ....................................................................................... 200,000 

University of Arkansas for Medical Sciences for curriculum and infrastructure development for the Mid-America Genetics Distance 

Education Consortium ....................................................................... 1,250,000 

University of Arkansas, School of Social Work, Fayetteville, Arkansas, for the School of Social Work Research Center ........................ 100,000 

University of California, Hastings College of Law, San Francisco, 

CA, for the Center for Gender and Refugee Studies to establish 

a clinical education program ............................................................. 200,000 

1255 

University of Central Florida, Orlando, FL for the Lou Frey Institute of Politics .................................................................................... 250,000 

University of Cincinnati, Cincinnati, OH for the Ohio Partnership 

for Accountability ............................................................................... 200,000 

University of Dayton, Dayton, OH, for the Dayton Early College 

Academy project ................................................................................. 500,000 

University of Dubuque in Dubuque, Iowa for the establishment of 

a nursing education program ............................................................ 500,000 

University of Florida, Gainesville, FL, for equipment for the Norman Hall project ................................................................................. 100,000 

University of Georgia, Athens, GA, for the Croatian Partnership for 

Higher Education Reform .................................................................. 75,000 

University of Guam School of Nursing and Health Sciences, 

Mangilao, GU, for its bachelor of science in nursing program ....... 240,000 

University of Hartford, West Hartford, CT, for equipment and technology for the Hartt School Performing Arts Center ...................... 100,000 

University of Hawaii at Hilo for the Applied Rural Science Program .................................................................................................... 50,000 

University of Hawaii at Hilo for the Clinical Pharmacy Training 

Program .............................................................................................. 700,000 

University of Idaho for scholarships and program support of the 

Lionel Hampton Artist in Residence and the Lionel Hampton 

Scholars ............................................................................................... 400,000 

University of Memphis, Memphis, TN for the Benjamin L. Hooks 

Institute for Social Change, which may include support for an 

endowment .......................................................................................... 250,000 

University of Mississippi, Oxford, MS for curriculum development 

and to enhance the development of young men and women to 

make future contributions to MS and the nation ............................ 3,000,000 

University of Montana School of Law, Missoula, MT for infrastructure at the University of Montana School of Law, including the 

acquisition of equipment and technology ......................................... 700,000 

University of Nebraska at Kearney, Kearney, NE, for student preparation ................................................................................................. 250,000 

University of Nebraska at Omaha, Omaha, NE, for teaching comparative American history ................................................................. 100,000 

University of Nevada, Las Vegas for educational outreach at the 

Women’s Research Institute of Nevada ............................................ 100,000 

University of Nevada, Reno for the Latino Studies program ............. 100,000 

University of New England, Biddeford, ME, for a Dental Residency 

Program .............................................................................................. 250,000 

University of New Mexico to establish the Oral Health Institute ..... 75,000 

University of New Orleans, LA, for the Center for School Improvement and Teaching and Learning Excellence .................................. 1,000,000 

University of North Florida, Jacksonville, FL, for a Virtual School 

Readiness Incubator Project .............................................................. 600,000 

University of North Texas, Denton, TX, for a Regional Center for 

Advanced Scientific Computing and Modeling Program ................ 250,000 

University of North Texas, Denton, TX, for the Laboratory Experience and Development of Early Researchers program ................... 250,000 

University of North Texas, Denton, TX, in cooperation with Paul 

Quinn College, for a Science and Math Teacher Academy ............. 240,000 

University of Northern Iowa, Cedar Falls, IA for program development and support of the Center for Applied Gerontology .............. 145,000 

University of Oklahoma, Tulsa, OK for development and support of 

a graduate degree program, which may include the acquisition of 

equipment ........................................................................................... 300,000 

University of Redlands, Redlands, CA for technology enhancement 350,000 

University of Richmond Gottwald Science Center, Richmond, VA 

for equipment and technology ........................................................... 100,000 

University of Rochester Medical Center, Rochester, NY, for student 

scholarships in the School of Nursing .............................................. 250,000 

University of Saint Francis, Fort Wayne, IN, for technology ............ 150,000 

University of San Francisco, San Francisco, CA, for equipment and 

programs at the Harney Science Center .......................................... 575,000 

University of South Carolina, Columbia, SC, for the Strom Thurmond Fitness and Wellness Center .................................................. 5,000,000 

1256 

University of South Florida, Sarasota/Manatee Campus, Sarasota, 

FL, for the Center for Advanced Health Practices and Policy Formation ................................................................................................. 75,000 

University of South Florida, Tampa, FL, for a globalization research network, including the University of Hawaii, Manoa; 

George Washington University; and the University of California, 

Los Angeles ......................................................................................... 890,000 

University of Southern Mississippi, Hattiesburg, MS to enhance 

economic development teaching, training, and research opportunities .................................................................................................... 2,000,000 

University of St. Thomas Interprofessional Clinic for Counseling 

and Legal Services, St. Paul, MN ..................................................... 75,000 

University of Texas at Austin, Austin, TX, for the Texas Engineering and Technical Consortium .......................................................... 1,000,000 

University of Texas Foundation, Austin TX, for the UT Public Policy Fellowship Initiative, which may include support of internship programs ..................................................................................... 250,000 

University of Texas Pan American, Edinburg, TX, for the Raul 

Yzaguirre Policy Institute, including student support .................... 640,000 

University of Texas, Arlington, TX for SMART manikins and 

equipment in the Smart Emergency Department ........................... 500,000 

University of Texas, Austin, TX for the Bill Archer Center .............. 500,000 

University of the Pacific, McGeorge School of Law, Sacramento, CA 

for a cross-disciplinary project .......................................................... 255,000 

University of the Pacific, Stockton, CA, for the Business Forecasting Center .................................................................................... 490,000 

University of the Sciences in Philadelphia, Philadelphia, PA, for 

the Science Education Partnership in partnership with the Philadelphia School District to improve math and science education .... 100,000 

University of the South, Sewanee, TN, for equipment and technology .................................................................................................. 250,000 

University of Tulsa, Tulsa, OK for critical research instrumentation and equipment to enhance campus infrastructure for information security ................................................................................... 100,000 

University of Vermont, Burlington, VT to establish an advanced 

practice graduate nursing program in psychiatric-mental health 

nursing ................................................................................................ 300,000 

University of Virginia Center for Politics, Charlottesville, VA, for 

the Youth Leadership Initiative ........................................................ 1,400,000 

University of Wisconsin-Baraboo/Sauk County, Baraboo, WI, for 

equipment and technology for the Robert L. Brown Theater ......... 50,000 

University of Wisconsin-Eau Claire, School of Nursing, Eau Claire, 

WI, for an accelerated baccalaureate degree program in nursing 300,000 

University of Wisconsin-La Crosse in La Crosse, WI to expand 

mentoring programs to assist students of Hmong descent in attaining teacher certification .............................................................. 250,000 

University of Wisconsin-Marathon, WI, for science equipment and 

furnishings .......................................................................................... 275,000 

University of Wisconsin-Whitewater in Whitewater, WI to provide 

support services for mentally disabled students to succeed in 

higher education ................................................................................. 150,000 

University of Wisconsin-Wood, WI, for science equipment and furnishings ............................................................................................... 400,000 

University of Wyoming, Laramie, WY for technological infrastructure improvements ............................................................................. 400,000 

University of Wyoming, Laramie, WY for the American Heritage 

Center .................................................................................................. 315,000 

Urban College of Boston in Massachusetts to support higher education program serving low-income and minority students ............ 900,000 

Utah State Board of Regents, Utah Higher Education Assistance 

Authority, Salt Lake City, UT, for scholarships and program support under the Cesar Chavez Scholarship Program ........................ 125,000 

Utah Valley State College, Orem, UT for distance education ........... 50,000 

Villa Julie College, Stevenson, MD, to establish a nursing distance 

learning program ................................................................................ 250,000 

Virginia Military Institute, Lexington, Virginia, for curriculum and 

program support of the Science and Security Minor ....................... 500,000 

1257 

Virginia State University, Petersburg, VA, for technology equipment for the School of Engineering .................................................. 350,000 

Wake Technical Community College, Raleigh, NC, to implement a 

first responder training program ...................................................... 100,000 

Waldorf College, Forest City, IA, for lab equipment .......................... 150,000 

Wallace Community College, Dothan, AL, for Teaching for the Future Initiative ..................................................................................... 250,000 

Walsh College, Troy, MI for program development and software for 

the Center of Excellence for Information Assurance Education .... 125,000 

Washington College, Chestertown, MD, for equipment and infrastructure technology .......................................................................... 260,000 

Washington State University to provide education and research opportunities for tribes and tribal colleges and support the Northwest Regional Native American project ........................................... 250,000 

Webster University, St. Louis, MO, for literacy services, including 

the volunteer Student Literacy Corps, at its Institute for Literacy 750,000 

Wesleyan College, Macon, Georgia, Willet Memorial Library ........... 100,000 

West Chester University, West Chester, PA, for technology infrastructure upgrades ............................................................................. 100,000 

West Kern Community College District, Taft, CA, for equipment .... 150,000 

Western Governor’s University (WGU), Salt Lake City, Utah to 

provide advanced education and competency-based teaching degrees and certificates ......................................................................... 800,000 

Western Iowa Tech Community College, Sioux City, IA, for equipment .................................................................................................... 120,000 

Western Michigan University, College of Health and Human Services, Kalamazoo, MI, for science equipment .................................... 400,000 

Western Nebraska Community College, Scottsbluff, Nebraska, for 

the Western Nebraska Center for Business and Individual Training, including the acquisition of equipment ..................................... 250,000 

Western Nevada Community College to create an Occupational 

Therapy Assistant program ............................................................... 250,000 

Western Oregon University, Monmouth, OR, for equipment and 

technology for the Division of Computer Science, Division of 

Business and Economics, and Department of Mathematics ........... 370,000 

Wharton County Junior College, Wharton, TX, for instructional 

equipment and technology information management infrastructure ...................................................................................................... 500,000 

Wheaton College, Norton, MA, for program development and equipment for a new science facility .......................................................... 225,000 

Widener University School of Law, Harrisburg, PA, for technology 

infrastructure upgrades ..................................................................... 100,000 

Widener University, Chester, PA for the Institute for Graduate 

Clinical Psychology ............................................................................ 1,000,000 

Wilkes University, Wilkes-Barre, PA, to develop programming for 

a Language Institute to improve foreign language study ............... 100,000 

Wilkes-Barre General Hospital, Wilkes-Barre, PA, to develop nurse 

educator programs to instruct nursing students ............................. 200,000 

Wilson College, Chambersburg, PA, for the development of a public 

policy institute to address the needs of single mothers .................. 100,000 

Wisconsin Association of Independent Colleges and Universities, 

WI, for a collaboration project to consolidate administrative operations and information technology ................................................... 800,000 

World Learning, Brattleboro, VT, to develop teaching guides for the 

less-commonly-taught Asian languages ........................................... 100,000 

York Technical College, Rock Hill, SC, for its National Precision 

Metalworking Center of Excellence .................................................. 650,000 

Other Programs 

The conference agreement includes $843,289,000 for TRIO instead of $842,559,000 as proposed by the House and $844,500,000 

as proposed by the Senate. The agreement also includes 

$308,960,000 for the GEAR UP program instead of $318,230,000 as 

proposed by the House and $302,500,000 as proposed by the Senate. The conferees intend that funds be awarded on an annual 

1258 

basis and that the Department consult with Congressional committees of jurisdiction prior to new grant competition announcements. 

The conference agreement provides a sixth and final year award to 

grantees first funded in 2000, while continuing all other funded 

projects. The conferees also intend that these funds are available 

to eligible 1999 grantees that opt to apply for new grant awards 

servicing a cohort no later than seventh grade, and are allowed to 

continue assisting students who have not yet completed the program through high school graduation. 

The agreement also includes $41,000,000 for Byrd Honors 

Scholarships as proposed by the Senate. The House did not propose 

funding for this activity. 

The conference agreement also includes $68,888,000 for Teacher Quality Enhancement Grants instead of $88,888,000 as proposed 

by both the House and the Senate. The agreement includes 

$7,000,000 for demonstrations in disabilities, $2,222,000 for the underground railroad program, and $3,000,000 for Thurgood Marshall 

Scholarships as proposed by the Senate. The House did not propose 

funding these activities. The agreement also includes $988,000 for 

Olympic Scholarships as proposed by the House. The Senate bill 

did not provide funding for this program. 

HOWARD UNIVERSITY

The conference agreement includes $240,715,000 for Howard 

University instead of $243,893,000 as proposed by the House and 

$239,763,000 as proposed by the Senate. 

INSTITUTE OF EDUCATION SCIENCES

The conference agreement includes $527,453,000 for Education 

Research, Statistics and Improvement instead of $526,804,000 as 

proposed by the House and $536,804,000 as proposed by the Senate. 

The conference agreement includes $25,000,000 for statewide 

data systems instead of $30,000,000 as proposed by the House and 

$40,000,000 as proposed by the Senate. The Educational Technical 

Assistance Act of 2002 authorized a competitive grant program to 

State Educational Agencies to enable such agencies to design, develop, and implement, statewide, longitudinal data systems to manage, analyze, disaggregate, and use individual student data. The 

conferees believe these funds are necessary to help States measure 

individual student performance, particularly as it relates to adequate yearly progress goals, more efficiently and more accurately. 

The conferees also urge the Department to establish a priority for 

those States that currently have the most limited ability to collect, 

analyze and report individual student achievement data when considering applications for funds available through this program. 

The conferees expect the Department to develop and implement this program so that it serves the key goals of generating and 

using accurate and timely data to facilitate research needed to improve student achievement, eliminate achievement gaps and comply with and meet reporting requirements of the Elementary and 

Secondary Education Act, as stated in section 208(c) of Public Law 

107–279. The conferees believe that this program, if effectively imVerDate Aug 04 2004 07:33 Dec 01, 2004 Jkt 096906 PO 00000 Frm 01262 Fmt 6601 Sfmt 6601 E:\HR\OC\HR792.XXX HR792
1259 

plemented so as to enable the collection of longitudinal data on individual student achievement, will greatly facilitate randomized 

controlled trials and other rigorous longitudinal studies needed to 

determine which educational interventions are effective and which 

are not. 

The conferees believe that a greater focus must be placed on 

the use of randomized controlled trials, longitudinal studies, and 

other research that meets the standards set by the National Research Council. For this reason, the conferees strongly encourage 

IES to work with the Secretary to create a competitive preference 

system whereby schools would receive priority for awards by agreeing to participate in randomized research studies. One potential 

system would entail funding schools in pairs, where at random one 

school would receive a new program immediately and the other 

would receive it a year later, thereby creating conditions conducive 

to randomized controlled studies. 

The conference agreement also includes $83,774,000 for research and innovation in special education. Within the total, the 

conference agreement includes funding for the following: 

Best Buddies Connecticut, New Haven, CT, to enhance the lives of 

people with mental retardation by providing opportunities for 

one-to-one friendships and integrated employment ........................ $150,000 

Best Buddies International, Inc., Miami, FL, to enhance the lives 

of people with mental retardation by providing opportunities for 

one-to-one friendships and integrated employment ........................ 1,000,000 

Best Buddies Maryland, Baltimore, MD, to enhance the lives of 

people with mental retardation by providing opportunities for 

one-to-one friendships and integrated employment ........................ 250,000 

Best Buddies Rhode Island, Providence, RI, to enhance the lives of 

people with mental retardation by providing opportunities for 

one-to-one friendships and integrated employment ........................ 200,000 

Best Buddies Texas, Houston, TX, for program expansion ................ 50,000 

Best Buddies Virginia, Miami, FL for expansion of Northern Virginia programs ................................................................................... 140,000 

Bubel/Aiken Foundation for a demonstration on K–12 Inclusion 

Community Service ............................................................................ 500,000 

Celeste Foundation, Mt. Doro, FL, to provide technical assistance 

to parents and caregivers of autistic children on early intervention therapies ...................................................................................... 1,400,000 

Center for Creative Play, Pittsburgh, PA, to support services for 

disabled children and their families ................................................. 25,000 

Center for Functional and Molecular Imaging, Georgetown University, Washington, DC, for the Early Diagnosis of Developmental 

Dyslexia Project .................................................................................. 250,000 

City of Rocklin, California, for a Rocklin Integrated Schools Program .................................................................................................... 195,000 

Daemen College, Amherst, NY, for special education services .......... 600,000 

Fiesta Educativa, Inc., Los Angeles, CA, for its Fiesta Familiar, 

home-based training initiative for parents of children with disabilities ................................................................................................ 55,000 

Friendship Circle, West Bloomfield, MI for Life Village .................... 425,000 

Holy Family Learning Center, Pittsburgh, PA, to provide specialized educational services to children and adults ............................. 100,000 

Illinois State University, Normal, IL for the Special Education Assistive Technology Center .................................................................. 500,000 

International Center on Deafness and the Arts, Northbrook, IL for 

a teacher training program ............................................................... 200,000 

Jeremiah Cromwell Disabilities Center, Portland, ME, for library 

enhancements and awareness training for elementary school students .................................................................................................... 100,000 

1260 

Learning Disabilities Association of America, Pittsburgh, PA, to expand parent and teacher training programs and to increase resources available regarding learning disabilities ............................ 25,000 

Learning Disabilities Association of Central New York, E. Syracuse, NY for educational consulting services ................................... 100,000 

Lee Pesky Learning Center, Boise, ID, to provide educational materials ..................................................................................................... 200,000 

Lehigh University, Bethlehem, PA, for research to improve the 

lives of disabled individuals at the Center for Promoting Healthy 

Development for Individuals with Disabilities ................................ 100,000 

Middle Tennessee State University, Murfreesboro, TN, for its Center for the Study and Treatment of Dyslexia to improve instruction for students with dyslexia ......................................................... 500,000 

National Cued Speech Association, Cleveland, OH, for a deaf children’s literacy project ......................................................................... 325,000 

Ohio School for the Deaf, Columbus, OH, for the virtual reality 

educational system for the deaf ........................................................ 100,000 

Parent Training and Information Center of Iowa—The Legal Hand 

Project ................................................................................................. 100,000 

Peoria School District 150, Peoria, IL, to establish a special education technology partnership with Department of Special Education at Illinois State University .................................................... 200,000 

School for Children with Hidden Intelligence, Lakewood, NJ, for 

disability education ............................................................................ 300,000 

Sephardic Community Center, Brooklyn, NY, to expand weekend 

and summer programming for children with learning disabilities 100,000 

Southeast Island School District to develop two-way interactive 

video conferencing to provide special education services at 9 isolated school sites in Southeast Alaska ............................................. 100,000 

Spurwink Institute, New Gloucester, ME to work with area schools 

to provide a comprehensive network of support for special education students and juvenile offenders ............................................. 400,000 

U.S. Disabled Athletes Fund, Atlanta, GA for the Blaze Sports 

Clubs for youth with disabilities ....................................................... 100,000 

United Cerebral Palsy Central PA, Camp Hill, PA, in collaboration 

with the Cumberland-Perry Association for Retarded Citizens, 

Carlisle, PA, for a contemporary day program for young adults 

with disabilities .................................................................................. 25,000 

University of Northern Colorado National Center for Low-Incidence 

Disabilities .......................................................................................... 450,000 

University of Northern Iowa, Cedar Falls, IA, for WeBCATT: The 

National Institute of Technology for Inclusive Education project 333,000 

University of Southern Mississippi, Hattiesburg, MS, for the Center for Literacy and Assessment ....................................................... 1,000,000 

Workplace Technology Foundation, King of Prussia, PA to provide 

training to special education students to increase employability 

upon graduation ................................................................................. 25,000 

DEPARTMENTAL MANAGEMENT

The conference agreement includes $423,379,000 for Departmental program administration instead of $421,055,000 as proposed by the House and $420,379,000 as proposed by the Senate. 

The agreement also includes $90,248,000 for the Office for Civil 

Rights as proposed by the House instead of $92,801,000 as proposed by the Senate. The agreement also includes $47,790,000 for 

the Office of the Inspector General as proposed by the House instead of $50,576,000 as proposed by the Senate. 

The conferees applaud the Department for its support of the 

Strengthening the Capacity of Historically Black Colleges and Universities (HBCU) through a Collaborative Initiative, which is designed to achieve an improved cadre of senior leaders, more effective management of HBCUs, more efficient campus operations, and 

better governance at public and private HBCUs. The conferees enVerDate Aug 04 2004 07:33 Dec 01, 2004 Jkt 096906 PO 00000 Frm 01264 Fmt 6601 Sfmt 6601 E:\HR\OC\HR792.XXX HR792
1261 

courage the Department to explore all possible actions to increase 

the availability of technical assistance that supports these institutions’ efforts to maintain the financial standing necessary to meet 

performance standards and accreditation. 

The conferees are concerned about the continued delay in release of the title IV handbook regarding campus crime statistics 

that was called for more than 18 months ago. The conferees urge 

the Department to release the handbook as soon as possible. In addition, the conferees expect the Department to implement a training program that will help institutions of higher education utilize 

this new handbook and comply with section 458(f) of the Higher 

Education Act. 

GENERAL PROVISIONS

IMPACT AID APPLICATION DEADLINE EXTENSION

The conference agreement includes a provision making a technical change to the Impact Aid program to extend the application 

deadline for applying for section 8002 federal property payments 

from fiscal year 2005 to fiscal year 2007 as proposed by the House. 

The Senate bill contained no similar provision. 

LOAN CONSOLIDATIONS

The conference agreement does not include a provision proposed by the House relating to consolidation loans. The Senate bill 

contained no similar provision. 

EDUCATION BLOCK GRANT AND EVEN START FUNDING

The conference agreement does not include a provision proposed by the House relating to funding for the education block 

grant and Even Start programs. Funding for these programs is provided elsewhere in title III of this bill. 

FEDERAL NEEDS ANALYSIS

The conference agreement does not include language proposed 

by the Senate prohibiting the Department of Education from implementing annual updates to the tax tables used in Federal Needs 

Analysis Methodology. The House bill contained no similar provision. 

TECHNICAL CORRECTIONS

The conference agreement contains two technical corrections 

relating to projects included in the fiscal year 2004 bill. Neither the 

House nor the Senate bills contained similar provisions. 

PELL GRANT ELIGIBILITY

The conference agreement includes a new general provision related to eligibility for Pell Grants for certain students enrolled in 

institutions of higher education in Palau. Neither the House nor 

the Senate bills contained this provision. 

1262 

TITLE IV—RELATED AGENCIES 

ARMED FORCES RETIREMENT HOME

The conference agreement includes $61,624,000 for the Armed 

Forces Retirement Home instead of $61,195,000 as proposed by the 

House and the Senate. 

COMMITTEE FOR PURCHASE FROM PEOPLE WHO ARE BLIND OR

SEVERELY DISABLED

The conference agreement provides $4,707,000 for the Committee for Purchase from People who are Blind or Severely Disabled instead of $4,672,000 as proposed by the House and as proposed by the Senate in S. 2806. 

CORPORATION FOR NATIONAL AND COMMUNITY SERVICE

DOMESTIC VOLUNTEER SERVICE PROGRAMS, OPERATING EXPENSES

The conference agreement includes $356,598,000 for the Domestic Volunteer Service programs instead of $353,197,000 as proposed by the House and $357,814,000 as proposed by the Senate. 

Volunteers in Service to America (VISTA) 

The conference agreement includes $95,000,000 for VISTA instead of $93,731,000 as proposed by the House and $96,428,000 as 

proposed by the Senate. 

National Senior Volunteer Corps 

The conference agreement includes $112,323,000 for the Foster 

Grandparent Program (FGP) as proposed by both the House and 

the Senate. The conferees intend that one-third of the increase over 

the fiscal year 2004 level shall be used to fund Program of National 

Significance [PNS] expansion grants to allow existing FGP programs to expand the number of volunteers serving in areas of critical need. All remaining funds shall be used to fund an administrative cost increase for each Foster Grandparent Program nationwide. The amount to be allocated to individual grantees shall be 

calculated based on a percentage of the entire federal grant award 

in FY 2004, including the amount specified for payment of non-taxable stipends to Foster Grandparent volunteers. The Corporation 

for National and Community Service (CNCS) shall comply with the 

directive that use of PNS funding increases in the FGP shall not 

be restricted to any particular activity. The conferees further direct 

that CNCS shall not stipulate a minimum or maximum amount for 

PNS grant augmentation. 

The maximum amount that CNCS may use in FY 2005 for 

communications and training and technical assistance activities 

shall not exceed the amount enacted for these two activities in FY 

2004. 

The conference agreement also includes $46,275,000 for the 

Senior Companion Program (SCP) instead of $45,987,000 as proposed by the House and $46,563,000 as proposed by the Senate. 

The agreement also includes $59,000,000 for the Retired Senior 

1263 

Volunteer Program (RSVP) instead of $58,156,000 as proposed by 

the House and $60,000,000 as proposed by the Senate. 

Funds appropriated for FY 2005 may not be used to implement 

or support service collaboration agreements or any other changes 

in the administration and/or governance of national service programs prior to passage of a bill by the authorizing committee of jurisdiction specifying such changes. 

The Corporation shall comply with the directive that use of 

funding increases in the FGP, RSVP, SCP and VISTA not be restricted to any particular activity. In addition, none of these increases may be used to fund demonstration activities. The conferees have not included funding for senior demonstration activities. 

Program Administration 

The conference agreement includes $39,000,000 for program 

administration instead of $38,000,000 as proposed by the House 

and $37,500,000 as proposed by the Senate. 

CORPORATION FOR PUBLIC BROADCASTING

The conference agreement includes $39,705,000 for digital conversion instead of $49,705,000 as proposed by the Senate. The 

House had proposed providing authority for CPB to utilize previously appropriated funds for this purpose. 

The conference agreement also includes $40,000,000 as the second installment of a three-year project to replace the satellite interconnection system. The Senate had proposed $50,000,000 for this 

purpose. The House had proposed providing authority for CPB to 

utilize previously appropriated funds for this purpose. 

The conferees strongly urge the CPB to allocate not less than 

$100,000 to the 14 public radio stations around the nation that provide the sole source of radio news and information in their communities. The additional funds would permit these stations to extend 

their broadcast hours and improve service to their listeners. 

FEDERAL MEDIATION AND CONCILIATION SERVICE

The conference agreement provides $44,797,000 for the Federal 

Mediation and Conciliation Service instead of $43,964,000 as proposed by the House and $44,464,000 as proposed by the Senate. 

The conferees continue to support the FMCS program to prevent youth violence. The conferees are especially pleased with the 

development of a CD–ROM that will address conflict resolution 

among preschool and elementary age children. Included in the total 

appropriation is $500,000 to be used for FMCS to continue their 

work to prevent youth violence by teaching students mediation and 

conflict resolution techniques. 

FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION

The conference agreement provides $7,872,000 for the Federal 

Mine Safety and Health Review Commission instead of $7,813,000 

as proposed by the House and the Senate. 

1264 

INSTITUTE OF MUSEUM AND LIBRARY SERVICES

The conference agreement provides $282,827,000 for the Institute of Museum and Library Services instead of $261,743,000 as 

proposed by the House and $262,240,000 as proposed by the Senate. 

Within the total for the Institute, the conference agreement includes funding for the following activities in the following amounts. 

[In thousands of dollars] 

Program FY 2005 

Museums for America ............................................................................ $18,000 

Museum Assessment ............................................................................. 450 

Museum Conservation Prog .................................................................. 3,630 

Museum Natl. Leadership Proj ............................................................ 7,600 

Native American Museum Services ..................................................... 850 

Library Serv. State Grants ................................................................... 162,000 

Native American Library Services ....................................................... 3,500 

Library Natl. Leadership Grants ......................................................... 12,400 

Librarians for the 21st Century ........................................................... 23,000 

Administration ....................................................................................... 11,186 

Within the funds provided for Museums of America, $1,000,000 

is for continuation of the 21st Century Museum Professional program. 

The conference agreement also specifies funding for the following: 

Academy of Natural Sciences, Philadelphia, PA, for exhibits and 

programming associated with the Lewis and Clark expedition ..... $100,000 

Alaska Native Heritage Museum, Anchorage, AK in cooperation 

with the Koahnic Broadcasting Corporation for its Elders Oral 

History Project .................................................................................... 300,000 

Alex Haley House and Museum, Henning, TN to preserve collections and improve exhibits ................................................................ 50,000 

Allegheny County, Pittsburgh, PA for exhibit design and development .................................................................................................... 100,000 

Allentown Public Library, Allentown, PA, for technological upgrades and educational programs ..................................................... 100,000 

AMISTAD America, Inc., New Haven, CT, for an endowment fund 

as authorized under P.L. 108–184 .................................................... 400,000 

Amistad Research Center, Tulane University, New Orleans, LA, for 

faculty research fellowship and student internship programs ....... 320,000 

Anniston Museum of Natural History, Anniston, AL, for enhanced 

classroom curriculum ......................................................................... 50,000 

Antiquarian & Landmarks Society, Hartford, CT, for the Nathan 

Hale Homestead in Coventry ............................................................ 100,000 

Arab Community Center for Economic and Social Services (ACCESS), Dearborn, MI, for exhibits and museum programs ............ 100,000 

Athenaeum of Philadelphia, Philadelphia, PA, for conservation and 

preservation of library materials ...................................................... 75,000 

Audubon Pennsylvania, Audubon, PA, for exhibits and nature education programs at the Mill Grove Audubon Center ....................... 75,000 

Autry National Center, Los Angeles, CA, for exhibits, education 

programs and outreach at its Southwest Museum of the American Indian and/or its Museum of the American West ................... 200,000 

Baylor University, Waco, TX, for archival activities, exhibits, and 

education programs for the Mayborn Museum Complex ................ 200,000 

Beth Medrash Govoha, Lakewood, NJ, for equipment, exhibits and 

preservation of collections ................................................................. 500,000 

Bibliographical Society of America, New York, NY ............................ 125,000 

Bishop Museum in Hawaii for digitization of old Hawaiian language newspapers and other activities to preserve the culture of 

Native Hawaiians ............................................................................... 500,000 

1265 

Boys and Girls Harbor, New York, NY, for the preservation and 

digitalization of Raices Collection, a multi-media collection documenting the history of Afro-Caribbean Latin music in America .... 100,000 

Brooklyn Academy of Music, Brooklyn, NY, for preservation and 

management of its archives ............................................................... 75,000 

Business Association of West Parkside, Philadelphia, PA to exhibit 

the Negro Leagues Baseball Memorial ............................................. 50,000 

Canton Museum of Art, Canton, OH, to develop and implement the 

HeARTland program .......................................................................... 200,000 

Cape Cod Maritime Museum, Hyannis, MA, for the development of 

exhibitions and programs .................................................................. 100,000 

Carnegie Museums of Pittsburgh, Pittsburgh, PA, for preservation 

of collections at the Carnegie Museum of Natural History ............ 100,000 

Catawba County Historical Association, Newton, NC ........................ 25,000 

Chaldean Community Culture Center, West Bloomfield, MI, for 

programs that promote Chaldean language, history, culture and 

teacher training .................................................................................. 200,000 

Charles H. Wright Museum of African American History, Detroit, 

MI, for exhibits, education programs, technology and operations 400,000 

Cherry Hill Township in New Jersey for improved library technology .................................................................................................. 84,000 

Chicago Historical Society, Chicago, for expansion of the Chicago 

Historical Society’s collections and exhibits ..................................... 150,000 

Children’s Museum in Oak Lawn, Oak Lawn, IL, for its ‘‘Explore 

and Soar’’ education program ............................................................ 200,000 

City of Henderson, NC, for personnel, equipment and technology 

for the H. Leslie Perry Memorial Library ........................................ 100,000 

City of Jackson, MS, for the Medger Wiley Evers Museum for program and exhibit design and development ...................................... 200,000 

City of Jackson, TN, to support technology upgrades at the Jackson-Madison County Public Library ................................................. 250,000 

City of Murrieta Public Library, Murrieta, CA, for a Literacy thru 

Technology Program .......................................................................... 150,000 

Claude Pepper Center in Tallahassee, FL, for the digitization of library holdings .................................................................................... 500,000 

College of Physicians of Philadelphia, Philadelphia, PA, to preserve 

its medical library and art collection ................................................ 100,000 

Colleton County Memorial Library, Walterboro, SC, for books and 

library materials ................................................................................ 50,000 

Columbus Museum of Art, Columbus, OH, to develop, test, and fabricate the exhibition, train teachers and docents and publicize 

the project and produce related educational materials ................... 76,000 

Contra Costa County, Martinez, CA, for the Contra Costa Reads 

program ............................................................................................... 72,000 

Currier Museum of Art, Manchester, NH, for educational programs 

and community outreach ................................................................... 300,000 

Des Moines Arts Center for the protection of the current collection 825,000 

East Tennessee Historical Society, Knoxville, TN, to expand and 

develop exhibits that teach of the culture and history of East 

Tennessee ............................................................................................ 500,000 

Edison House Museum, Louisville, KY, for educational programs ... 30,000 

Everhart Museum, Scranton, PA ......................................................... 100,000 

Experience Music Project in Seattle, WA, for an Oral History Program .................................................................................................... 430,000 

Fairfax County Public Library, Fairfax, VA, for its Motheread/ 

Fatheread Plus family literacy initiative ......................................... 100,000 

Field Museum, Chicago, IL, for establishing networked computer 

database for collections management ............................................... 800,000 

Fine Arts Museums of San Francisco for the De Young Museum’s 

Art Education Program ..................................................................... 100,000 

Florence Library Learning Center, Los Angeles, CA, for reading 

and other education programs .......................................................... 275,000 

Florida International Museum, St. Petersburg, FL, for professional 

activities .............................................................................................. 650,000 

Folger Library, Washington, DC, for exhibits, operations, and public programs including education and outreach ............................... 500,000 

1266 

Frederick Douglass Museum, Washington, DC, for an African 

American cultural outreach center ................................................... 50,000 

Free Library of Philadelphia, Philadelphia, PA, for technology and 

equipment upgrades ........................................................................... 75,000 

George Washington University, Washington, DC, for the Eleanor 

Roosevelt Papers Project ................................................................... 350,000 

Greenburgh Public Library, Tarrytown, NY, for computers and 

technology ........................................................................................... 12,000 

Greensburg Hempfield Area Public Library, Greensburg, PA, for 

computers ............................................................................................ 50,000 

Grout Museum, Waterloo, IA, for exhibitions ..................................... 500,000 

Harbor Heritage Society, Cleveland, OH, for MAKING WAVES: 

Vessel-wide interpretive exhibit planning for the Steamship William G. Mather Maritime Museum .................................................. 200,000 

HealthSpace Cleveland, Cleveland, OH, for exhibits ......................... 250,000 

Hellenic Cultural Association, Salt Lake City, UT, for exhibit and 

program development at the Hellenic Cultural Museum ............... 75,000 

Hendry County, LaBelle, FL, for books and technology for Harlem 

Library ................................................................................................ 150,000 

Hesperia Community Library, Hesperia, CA ...................................... 500,000 

Historical Society of Western Pennsylvania, Pittsburgh, PA, for exhibit and curriculum development for the Western Pennsylvania 

Sports Museum .................................................................................. 75,000 

HistoryMakers, Chicago, IL, to create a digital archive dedicated to 

preserving the history and accomplishments of African Americans ..................................................................................................... 75,000 

Home Port Alliance for the USS New Jersey for restoration and 

preservation ........................................................................................ 150,000 

Hopkinsville-Christian County Public Library, Hopkinsville, KY ..... 100,000 

Hunter College, New York, NY, to digitize, preserve and archive 

collections of the Center for Puerto Rican Studies and for public 

access and dissemination activities .................................................. 250,000 

Huntsville Museum of Art, Huntsville, AL, for exhibits, technology, 

outreach and education programs .................................................... 300,000 

International Museum of Women, San Francisco, CA, for education 

and teacher professional development programs ............................ 300,000 

Iona College, NY, for technology upgrade for the Ryan Library ....... 75,000 

Italian-American Cultural Center of Iowa in Des Moines, IA, for 

exhibits, multi-media collections, display ........................................ 150,000 

Jackson County Library System, Ripley, WV ..................................... 72,000 

James Ford Bell Museum of Natural History, University of Minnesota, Minneapolis, MN, for exhibits and education programs .... 415,000 

Johnstown Area Heritage Association, Johnstown, PA, for exhibits 

and education programs for the Heritage Discovery Center .......... 350,000 

Josephine School Community Museum, Berryville, VA ..................... 25,000 

Kansas State University, Manhattan, KS, for the 20th Century Soldier Project ......................................................................................... 400,000 

Kidspace Children’s Museum, Pasadena, CA, to develop its Shake 

Zone Education Exhibit ..................................................................... 250,000 

Lafayette College, Easton, PA, for technology updates to the David 

Bishop Skillman Library ................................................................... 100,000 

Livingston Parish Hungarian Museum, Denham Springs, LA .......... 50,000 

Maltz Museum of Jewish Heritage, Beachwood, OH, for a Cradle 

of Christianity: Biblical Treasures from the Holy Land traveling 

exhibition ............................................................................................ 500,000 

MAPS Air Museum, North Canton, OH, to develop educational displays, upkeep of current displays, library expansion, historical 

research and operation expenses ...................................................... 250,000 

Mauch Chunk Historical Society of Carbon County, Jim Thorpe, 

PA ........................................................................................................ 100,000 

Memphis Zoo, Memphis, TN, to develop exhibits and support student programs .................................................................................... 500,000 

Miami Museum of Science & Space Transit Planetarium, Miami, 

FL, for exhibits, outreach, and education programs ....................... 400,000 

Mid-Hudson Children’s Museum, Poughkeepsie, NY, for a Comprehensive Technology Enrichment Program to enhance exhibits 200,000 

1267 

Milford Area Historical Society, Milford, OH, for the Promont 

House Museum ................................................................................... 40,000 

Milton J. Rubenstein Museum of Science and Technology, Syracuse, NY .............................................................................................. 450,000 

Missouri Historical Society, St. Louis, MO, for the establishment 

and maintenance of an archive for materials relating to the Congressional career of the Honorable Richard A. Gephardt ............... 1,540,000 

Mount Vernon Public Library, Mount Vernon, NY, for operations 

and upgrades ...................................................................................... 260,000 

Mt. San Antonio College, Walnut, CA, for equipment ........................ 100,000 

Museum of Appalachia, Norris, TN, to preserve and restore the collection of Appalachian pioneer artifacts ........................................... 500,000 

Museum of Aviation Foundation, Warner Robins, GA ....................... 250,000 

Museum of Fine Arts, Boston, MA, for the development of exhibitions and programs ............................................................................ 200,000 

Museum of Flight in Seattle, WA, for the American Fighter Aces 

Archive and Collection ....................................................................... 600,000 

Museum of Science and Industry, Chicago, IL, for the Science in 

Your World Program .......................................................................... 250,000 

Museum of Science, Boston, MA, for community outreach, exhibit 

design and development, and educational programs ...................... 500,000 

National Center for American Revolution, Wayne, PA, for exhibit 

design and curriculum development for the Museum of the American Revolution at Valley Forge National Historic Park ................ 75,000 

National City Public Library, National City, CA, for collections and 

technology ........................................................................................... 100,000 

National D-Day Museum in New Orleans, LA, to improve the education, outreach, and exhibition of the museum ............................. 950,000 

National Museum of American Jewish History, Philadelphia, PA, to 

develop a fully interactive learning center linked to their web 

site that will extend the reach of the Museum ................................ 100,000 

National Museum of Women in the Arts, Washington, DC ............... 1,000,000 

National Trust for Historic Preservation, Washington, DC, for the 

Farnsworth House Museum in Plano, IL ......................................... 750,000 

Native American Cultural Center and Museum, Oklahoma City, 

OK ....................................................................................................... 2,100,000 

New York Botanical Garden, Bronx, NY, for the Virtual Herbarium 

Project ................................................................................................. 500,000 

New York Hall of Science to develop, expand, and display sciencerelated materials ................................................................................ 1,000,000 

North Carolina Museum of Art Foundation, Inc., Raleigh, NC, for 

exhibits and education programs ...................................................... 90,000 

Omaha Performing Arts Center in Nebraska for telecommunications systems ................................................................................... 1,000,000 

Pennsylvania Hunting & Fishing Museum, Warren, PA, to develop 

curriculum for conservation education ............................................. 100,000 

Pittsburgh Children’s Museum, Pittsburgh, PA, to expand arts and 

after-school programs for at-risk children ....................................... 200,000 

Please Touch Museum, Philadelphia, PA, to develop educational 

programs focusing on hands-on learning experiences ..................... 950,000 

Portland State University, Portland, OR, to enhance library collections and outreach in the area of Middle Eastern and Judaic 

Studies ................................................................................................ 320,000 

Putnam County Library, Cookeville, TN, to improve exhibits and 

purchase technology upgrades .......................................................... 50,000 

Reading Company Technical and Historical Society, Inc., Reading, 

PA, to expand interpretive activities ................................................ 100,000 

Rochester Museum & Science Center, Rochester, NY, for expansion 

of exhibitions ...................................................................................... 550,000 

Rock and Roll Hall of Fame and Museum, Cleveland, OH, for 

music education programs ................................................................. 350,000 

Saint Louis County Economic Council, Saint Louis, MO, for Jefferson Barracks ....................................................................................... 200,000 

Sam Davis Memorial Association, Smyrna, TN, for interpretive exhibits and education programs for the Sam Davis Home ............... 100,000 

San Bernardino County, San Bernardino, CA, for the San 

Bernardino County Museum ............................................................. 350,000 

1268 

Save the Speaker’s House, Inc., Trappe, PA ....................................... 300,000 

Sci-Quest, The North Alabama Science Center, Huntsville, AL, for 

science and mathematics education programs ................................ 315,000 

Serra Cooperative Library System, San Diego, CA ............................ 175,000 

Simon Wiesenthal Center’s Los Angeles Museum for Tolerance, Los 

Angeles, CA, for the Tools for Tolerance for Educators program 

to provide teacher training in diversity, tolerance and cooperation. ..................................................................................................... 100,000 

Smithtown Library, Smithtown, NY, for equipment and technology 

for its Virtual Worldwide Neighborhood Website Project ............... 50,000 

Soldiers and Sailors National Military Museum and Memorial, 

Pittsburgh, PA, for education and outreach programs ................... 75,000 

Southwest Missouri State University, Springfield, MO, for 

digitization of Archives and Rare-book Collections at the Meyer 

Library ................................................................................................ 125,000 

Stark County Park District, Canton, OH, for exhibits ....................... 250,000 

State Historical Society of Iowa in Des Moines, IA, for the development of exhibits for the World Food Prize ....................................... 1,000,000 

Taft Museum of Art, Cincinnati, OH ................................................... 250,000 

Tubman African American Museum, Macon, GA ............................... 600,000 

University of Alaska Fairbanks for the continuation of the Alaska 

Digital Archives project. .................................................................... 250,000 

University of Vermont of Burlington, VT, for a digitization project 

for the preservation of Vermont cultural heritage materials ......... 250,000 

Vietnam Archives Center at Texas Tech University, Lubbock, TX, 

for technology infrastructure ............................................................. 500,000 

Virginia Living Museum, Newport News, VA, for science education 200,000 

Waterloo Center for the Arts, Waterloo, IA, for the Youth Pavilion 

to provide educational programs and exhibit design and development .................................................................................................... 135,000 

Western Reserve Historical Society, Cleveland, OH ........................... 400,000 

William McKinley Presidential Library and Museum, Canton, OH 25,000 

Williamsburg County Library, Kingstree, SC, for books, library materials and computers ........................................................................ 50,000 

Winchester Conservation Museum, Edgefield, SC .............................. 250,000 

Wisconsin Historical Society, Madison, WI, to catalog and microfilm military base papers .................................................................. 50,000 

Witte Museum, San Antonio, TX, for the Water Works project ........ 100,000 

Woodmere Art Museum, Philadelphia, PA, for technology upgrades 

and education and outreach programs ............................................. 75,000 

Woodrow Wilson Presidential Library, Staunton, VA ........................ 500,000 

World War II Victory Memorial Museum, Auburn, IN ...................... 100,000 

Zimmer Children’s Museum, Los Angeles, CA, to develop and expand the youTHink education program ........................................... 75,000 

MEDICARE PAYMENT ADVISORY COMMISSION

The conference agreement provides $9,979,000 for the Medicare Payment Advisory Commission instead of $9,905,000 as proposed by the House and the Senate. 

NATIONAL COMMISSION ON LIBRARIES AND INFORMATION SCIENCE

The conference agreement provides $1,001,000 for the National 

Commission on Libraries and Information Science instead of 

$1,000,000 as proposed by the House and $994,000 as proposed by 

the Senate. 

NATIONAL COUNCIL ON DISABILITY

The conference agreement provides $3,371,000 for the National 

Council on Disability instead of $2,873,000 as proposed by the 

House and $3,371,000 as proposed by the Senate. 

1269 

NATIONAL LABOR RELATIONS BOARD

The conference agreement provides $251,875,000 for the National Labor Relations Board instead of $248,875,000 as proposed 

by the House and $250,000,000 as proposed by the Senate. 

The conferees have included additional funds over the budget 

request to reduce the backlog. 

The conferees concur with language in the Senate report regarding the NLRB’s plan to restructure its regional offices and specifically oppose the elimination of Region 30 and the subsequent 

downgrading of the Region 30 Office to sub-regional status. 

NATIONAL MEDIATION BOARD

The conference agreement provides $11,722,000 for the National Mediation Board instead of $11,635,000 as proposed by the 

House and the Senate. 

The conferees are concerned regarding the National Mediation 

Board’s (NMB) proposal to implement new fees for arbitration services in a Notice of Proposed Rulemaking published in the Federal 

Register on August 9, 2004. Prior to implementing these new fees, 

the conferees strongly urge the NMB to hold additional public 

hearings to examine any potential negative impact of the proposed 

fees. The conferees request that the National Mediation Board be 

prepared to discuss this matter during consideration of its fiscal 

year 2006 budget. 

OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION

The conference agreement provides $10,595,000 for the Occupational Safety and Health Review Commission instead of 

$10,516,000 as proposed by the House and the Senate. 

RAILROAD RETIREMENT BOARD

LIMITATION ON ADMINISTRATION

The conference agreement provides $103,370,000 for the Railroad Retirement Board Limitation on Administration Expenses instead of $102,202,000 as proposed by the House and $102,600,000 

as proposed by Senate. 

RAILROAD RETIREMENT BOARD

OFFICE OF INSPECTOR GENERAL

The conference agreement includes a limitation on transfers 

from the railroad trust funds of $7,254,000 for administrative expenses of the Office of Inspector General instead of $6,561,000 as 

proposed by the House and $7,200,000 as proposed by the Senate. 

The conference agreement does not include language proposed 

by the Senate that allows the Office of the Inspector General to 

conduct audits, investigations, and reviews of the Medicare programs. 

1270 

SOCIAL SECURITY ADMINISTRATION

SUPPLEMENTAL SECURITY INCOME PROGRAM

The conference agreement includes $28,710,829,000 for the 

Supplemental Security Income Program instead of $28,702,829,000 

as proposed by the House and $25,451,949,000 as proposed by the 

Senate. The conference agreement also includes an advance appropriation of $10,930,000,000, as proposed by the House, for the first 

quarter of fiscal year 2006, to ensure uninterrupted benefit payments. The Senate proposed an advance appropriation of 

$14,130,000,000. Also within the total, $2,986,900,000 is included 

for the administrative costs of the program as proposed by the 

House. The Senate included $2,928,020,000 for administrative 

costs. 

Within the funds provided, the conference agreement includes 

$8,000,000, as proposed by the Senate, for outreach efforts and assistance to homeless persons and other underserved populations. 

The House bill did not contain this funding. 

The conference agreement does not include a provision proposed by the Senate that changes the date of an SSI benefit payment from fiscal year 2005 to 2006. The House did not include this 

provision. 

LIMITATION ON ADMINISTRATIVE EXPENSES

The conference agreement includes $8,798,296,000 for the limitation on administrative expenses rather than $8,798,100,000 as 

proposed by the House and $8,622,818,000 as proposed by the Senate. Included in the conference agreement is bill language to allow 

SSA to collect fees as authorized by the Social Security Protection 

Act for certification of non-attorney representatives of claimants. 

OFFICE OF INSPECTOR GENERAL

(INCLUDING TRANSFER OF FUNDS)

The conference agreement includes $91,107,000 for the office of 

inspector general as proposed by the House rather than 

$92,000,000 as proposed by the Senate. 

UNITED STATES INSTITUTE OF PEACE

The conference agreement does not include funding for the 

United States Institute of Peace in this title. The Senate bill proposed $22,099,000 for this program while the House included funding for this program in the Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations bill. Funding for this 

program is provided in Division B. 

TITLE V—GENERAL PROVISIONS 

MADE IN AMERICA

The conference agreement deletes without prejudice a general 

provision as proposed by the Senate pertaining to the purchase of 

American-made products and equipment with funds made available 

in this Act. The House bill did not propose a similar provision. 

1271 

WELDON AMENDMENT

The conference agreement includes language as proposed by 

the House in section 509 of H.R. 5006. The Senate bill contained 

no similar provision. 

LIMITATION ON LIBRARIES

The conference agreement includes a limitation on the ability 

of a library to access library funding provided under this Act unless 

the library is in compliance with the Children’s Internet Protections Act, as proposed by the House. The Senate bill contained no 

similar provision. 

LIMITATION ON SCHOOLS

The conference agreement includes a limitation on the ability 

of an elementary or secondary school to access technology funding 

provided under this Act unless the school is in compliance with the 

Children’s Internet Protections Act, as proposed by the House. The 

Senate bill contained no similar provision. 

RRB LIMITATION

The conference agreement concurs with House language limiting the availability of funds to the Railroad Retirement Board to 

enter into an arrangement with a nongovernmental financial institution to serve as disbursing agent for benefits payable under the 

Railroad Retirement Act of 1974. The Senate bill proposed similar 

language. 

LIMITATIONS ON THE USE OF FUNDS

The conference agreement modifies a general provision as proposed by the House pertaining to the reprogramming of funds. As 

per the requirement of this section, the conferees reiterate the instruction that the Departments and agencies funded through this 

Division make a written request to the House and Senate Committees on Appropriations at least 15 days prior to the reprogramming 

of funds in excess of $500,000, or 10%, whichever is less. 

PBGC LIMITATION

The conference agreement deletes without prejudice a general 

provision proposed by the House that none of the funds appropriated by this Act may be used by the Pension Benefit Guaranty 

Corporation to enforce section 4010(c) of the Employee Retirement 

Income Security Act. The Senate bill did not propose similar language. 

FOREIGN CONFERENCES

The conference agreement does not include a general provision 

as proposed by the House pertaining to the attendance of HHS employees at foreign conferences. The Senate bill did not contain a 

similar provision. The conferees are pleased that in the current 

constrained fiscal environment, the Secretary of HHS has taken 

steps to monitor and limit travel by HHS agency employees to 

international conferences. The Secretary should, however, ensure 

1272 

that all necessary U.S. scientists are permitted to attend important 

international scientific meetings to present their research findings 

and to learn about research being conducted in other countries. 

NIMH GRANTS

The conference agreement does not include a general provision 

as proposed by the House regarding NIMH grants. The Senate bill 

did not contain a similar provision. The conferees reiterate their 

support of the two-tiered peer review process used by NIH to judge 

research grant applications and continue to expect NIH to ensure 

that its funds are allocated to research that is both scientifically 

meritorious and has high potential public health impact. 

OVERTIME REGULATIONS

The conference agreement deletes without prejudice language 

proposed by the House and Senate stating that none of the funds 

provided may be used to implement or administer any changes to 

regulations regarding overtime compensation in effect on July 14, 

2004. 

HIGHER EDUCATION SPECIAL ALLOWANCE FOR 9.5% LOANS

The conference agreement does not include a provision that 

prohibits the use of funds for the Secretary to administer or pay 

any special allowance under sections of the Higher Education Act 

of 1965 pursuant to provisions of the regulations of the Department 

of Education. The Senate bill contains no similar provision. 

IMMIGRATION LIMITATION

The conference agreement does not include a provision that 

prohibits the use of funds by the Department of Education in contravention of sections of the Illegal Immigration Reform and Responsibility Act of 1996. The Senate bill contains no similar provision. 

NATIVE HAWAIIAN GOVERNING ENTITY RECOGNITION

The conference agreement does not include a provision, proposed by the Senate, recognizing the Native Hawaiian governing 

entity as the representative governing body of the Native Hawaiian 

people. The House did not propose a similar provision. 

NORTHERN LIGHTS BOULEVARD PROPERTY

The conference agreement includes a provision conveying the 

property at 1818 W. Northern Lights Boulevard in Anchorage, 

Alaska from the U.S. Government to the Southcentral Foundation 

for a replacement Head Start facility. The House bill contains no 

similar provision. 

ACROSS-THE-BOARD SALARIES AND EXPENSES REDUCTION

The conference agreement includes a new provision to reduce 

salaries and expenses of the Departments of Labor, Health and 

Human Services, and Education by $18,000,000. 

1273 

CONFERENCE AGREEMENT

The following table displays the amounts agreed to for each 

program, project or activity with appropriate comparisons: 

1274 


Insert graphic folio 802/3040 HR792.118
1275 


Insert graphic folio 802/3041 HR792.119
1276 


Insert graphic folio 802/3042 HR792.120
1277 


Insert graphic folio 802/3043 HR792.121
1278 


Insert graphic folio 802/3044 HR792.122
1279 


Insert graphic folio 802/3045 HR792.123
1280 


Insert graphic folio 802/3046 HR792.124
1281 


Insert graphic folio 802/3047 HR792.125
1282 


Insert graphic folio 802/3048 HR792.126
1283 


Insert graphic folio 802/3049 HR792.127
1284 


Insert graphic folio 802/3050 HR792.128
1285 


Insert graphic folio 802/3051 HR792.129
1286 


Insert graphic folio 802/3052 HR792.130
1287 


Insert graphic folio 802/3053 HR792.131
1288 


Insert graphic folio 802/3054 HR792.132
1289 


Insert graphic folio 802/3055 HR792.133
1290 


Insert graphic folio 802/3056 HR792.134
1291 


Insert graphic folio 802/3057 HR792.135
1292 


Insert graphic folio 802/3058 HR792.136
1293 


Insert graphic folio 802/3059 HR792.137
1294 


Insert graphic folio 802/3060 HR792.138
1295 


Insert graphic folio 802/3061 HR792.139
1296 


Insert graphic folio 802/3062 HR792.140
1297 


Insert graphic folio 802/3063 HR792.141
1298 


Insert graphic folio 802/3064 HR792.142
1299 


Insert graphic folio 802/3065 HR792.143
1300 


Insert graphic folio 802/3066 HR792.144
1301 


Insert graphic folio 802/3067 HR792.145
1302 


Insert graphic folio 802/3068 HR792.146
1303 


Insert graphic folio 802/3069 HR792.147
1304 


Insert graphic folio 802/3070 HR792.148
1305 


Insert graphic folio 802/3071 HR792.149
1306 


Insert graphic folio 802/3072 HR792.150
1307 


Insert graphic folio 802/3073 HR792.151
1308 


Insert graphic folio 802/3074 HR792.152
1309 


Insert graphic folio 802/3075 HR792.153
1310 


Insert graphic folio 802/3076 HR792.154
1311 


Insert graphic folio 802/3077 HR792.155
1312 


Insert graphic folio 802/3078 HR792.156
1313 


Insert graphic folio 802/3079 HR792.157
1314 


Insert graphic folio 802/3080 HR792.158
1315 


Insert graphic folio 802/3081 HR792.159
1316 


Insert graphic folio 802/3082 HR792.160
1317 


Insert graphic folio 802/3083 HR792.161
1318 


Insert graphic folio 802/3084 HR792.162
1319 


Insert graphic folio 802/3085 HR792.163
1320 


Insert graphic folio 802/3086 HR792.164
1321 


Insert graphic folio 802/3087 HR792.165
1322 


Insert graphic folio 802/3088 HR792.166
1323 


Insert graphic folio 802/3089 HR792.167
1324 


Insert graphic folio 802/3090 HR792.168
1325 


Insert graphic folio 802/3091 HR792.169
1326 


Insert graphic folio 802/3092 HR792.170
1327 


Insert graphic folio 802/3093 HR792.171
1328 


Insert graphic folio 802/3094 HR792.172
1329 


Insert graphic folio 802/3095 HR792.173
1330 


Insert graphic folio 802/3096 HR792.174
1331 


Insert graphic folio 802/3097 HR792.175
1332 


Insert graphic folio 802/3098 HR792.176
1333 


Insert graphic folio 802/3099 HR792.177
1334 


Insert graphic folio 802/3100 HR792.178
1335 


Insert graphic folio 802/3101 HR792.179
1336 


Insert graphic folio 802/3102 HR792.180
1337 


Insert graphic folio 802/3103 HR792.181
1338 


Insert graphic folio 802/3104 HR792.182
1339 


Insert graphic folio 802/3105 HR792.183
1340 


Insert graphic folio 802/3106 HR792.184
1341 


Insert graphic folio 802/3107 HR792.185
1342 


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CONFERENCE TOTAL—WITH COMPARISONS

The total new budget (obligational) authority for the fiscal year 

2005 recommended by the Committee of Conference, with comparisons to the fiscal year 2004 amount, the 2005 budget estimates, 

and the House and Senate bills for 2005 follow: 

[In thousands of dollars] 

New budget (obligational) authority, fiscal year 2004 ........................ $479,817,978 

Budget estimates of new (obligational) authority, fiscal year 2005 496,434,577 

House bill, fiscal year 2005 ................................................................... 496,665,511 

Senate bill, fiscal year 2005 .................................................................. 499,489,511 

Conference agreement, fiscal year 2005 .............................................. 497,552,511 

Conference agreement compared with: 

New budget (obligational) authority, fiscal year 2004 ................ +17,734,533 

Budget estimates of new (obligational) authority, fiscal year 

2005 .............................................................................................. +1,117,934 

House bill, fiscal year 2005 ............................................................ +887,000 

Senate bill, fiscal year 2005 ........................................................... ¥1,937,000 

DIVISION G—LEGISLATIVE BRANCH APPROPRIATIONS ACT, 

2005 

LEGISLATIVE BRANCH WIDE MATTERS

The conferees recognize the provisions of H.R. 4755 and the accompanying House Report 108–577, and S. 2666 and the accompanying Senate Report 108–307, and any instructions and detail 

included in such reports are to be adhered to, unless amended or 

restated herein. 

Many items in both House and Senate Legislative Branch Appropriations bills are identical and are included in the conference 

agreement without change. The conferees have endorsed statements of policy contained in the House and Senate reports accompanying the appropriations bills, unless amended or restated herein. With respect to those items in the conference agreement that 

differ between House and Senate bills, the conferees have agreed 

to the following with the appropriate section numbers, punctuation, 

and other technical corrections. 

The conferees are very concerned with the responsiveness and 

working relationships between the Committees and the Chief Financial Officers of the agencies of the Legislative Branch. In order 

for the Committees to review, analyze, evaluate, and provide the 

budgetary resources to the agencies of the Legislative Branch it is 

imperative that solid working relationships exist between the Committees and each CFO, and that they provide the highest level of 

timeliness, accuracy, and confidentiality. The conferees believe that 

in order for the budgetary cycle to accomplish the appropriate outcome the collaborative arrangements are essential, however, emphasize to the heads of the agencies, that the Committees will proceed with the budgetary process with or without these cooperative 

and confidential relationships. 

It has also come to the attention of the conferees that agencies 

of the Legislative Branch are using varying assumptions and operating processes at times when the Government is operating under 

a continuing resolution. The conferees direct the members of Legislative Branch Financial Managers Council to work together to assure that all agencies are operating within the rules, regulations, 

1344 

and accounting procedures required by a continuing resolution and 

report its findings to the Committee on Appropriations of the 

House and Senate by January 31, 2005. 

The conferees emphasize to the Legislative Branch agencies 

that the large budgetary increases requested in the fiscal year 2005 

budget submissions cannot be sustained. The conferees encourage 

the agencies to submit more reasonable budget requests for fiscal 

year 2006, and thereafter. 

TITLE I 

SENATE

Appropriates $726,067,000 for Senate operations. Inasmuch as 

these items relate solely to the Senate, and in accord with long 

practice under which each body determines its own housekeeping 

requirements and the other concurs without intervention, the managers on the part of the House, at the request of the managers on 

the part of the Senate, have receded to the amendments of the Senate. 

HOUSE OF REPRESENTATIVES

Appropriates $1,048,581,000 for House operations. Inasmuch 

as these items relate solely to the House, and in accord with long 

practice under which each body determines its own housekeeping 

requirements and the other concurs without intervention, the managers on the part of the Senate, at the request of the managers on 

the part of the House, have receded to the amendments of the 

House. 

JOINT ITEMS

JOINT ECONOMIC COMMITTEE

Appropriates $4,139,000 as proposed by the House and the 

Senate. 

JOINT COMMITTEE ON TAXATION

Appropriates $8,433,000 as proposed by the House instead of 

$8,476,000 as proposed by the Senate. 

OFFICE OF THE ATTENDING PHYSICIAN

Appropriates $2,528,000 as proposed by the House and the 

Senate. 

CAPITOL GUIDE SERVICE AND SPECIAL SERVICES OFFICE

Appropriates $3,844,000 for the Capitol Guide Service and Special Services Office as proposed by the House and the Senate. 

STATEMENTS OF APPROPRIATIONS

Appropriates $30,000 as proposed by the House and the Senate. 

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CAPITOL POLICE

The conferees are very concerned that the Chief of the Capitol 

Police has made operational decisions, which necessitated levels of 

spending in excess of funds appropriated, without consultation with 

the Committees. The conferees direct that the Chief abide by the 

Antideficiency Act and that the Department will operate within its 

appropriations for the fiscal year. The Chief of Police should not expect supplemental funding if he exceeds the appropriation. In the 

future, all permanent security improvements are to be funded within existing appropriations not the Emergency Response Fund. If a 

long-term security need exists, the conferees expect the Chief to 

propose funding solutions, and await approval from the Capitol Police Board and the appropriate committees of Congress for a permanent solution. 

The conferees direct that the Chief of Police make every effort 

to keep the Committees informed of all issues impacting appropriations in a more timely manner. The Chief of Police is directed to 

report quarterly, by approved line item, on obligations to date compared to the original budgeted items, beginning with the first quarter of fiscal year 2005, ending December 31, 2004. 

SALARIES

Appropriates $203,440,000 for salaries of officers, members, 

and employees of the Capitol Police as proposed by the House instead of $198,000,000 as proposed by the Senate. 

The fiscal year 2002 conference report (H. Rpt. 107–259) accompanying the Legislative Branch Appropriations bill outlined reprogramming guidelines for the Legislative Branch. The conferees 

are very concerned that the Capitol Police have not followed the 

prescribed guidelines outlined in the fiscal year 2002 conference report. The conferees direct the Government Accountability Office to 

audit the budgetary execution of the Capitol Police, beginning with 

fiscal year 2002, to determine if the established reprogramming 

guidelines are being followed. The GAO is to report its findings to 

the Committees on Appropriations of the House and Senate within 

90 days of enactment of this Act. The conferees further direct that 

the GAO continue to monitor the Capitol Police budget, in terms 

of reprogramming actions, and report all reprogramming actions in 

its regular semi-annual reports regarding the Capitol Police administrative operations. 

The conferees are concerned with the broad interpretation by 

the Capitol Police regarding the obligation and expenditure of 

funds under the auspice of a declared emergency situation. The 

conferees direct the Government Accountability Office to review the 

policies, procedures, notification criteria, and approval processes of 

the Capitol Police to obtain the appropriate approvals by the Capitol Police Board and the Committees on Appropriations when 

funding is required during an emergency situation. The GAO is directed to report its findings to the Committee on Appropriations of 

the House and Senate no later than January 31, 2005. 

The USCP has recently presented to the Committees on Appropriations another new plan for reorganizing the Department. The 

conferees acknowledge that changes to the USCP organization will 

1346 

be necessary to effectively address strategic objectives, performance 

measures, recommendations made by the Government Accountability Office, and changing conditions reflected in regular updates 

of the threat assessment. However, organizational changes proposed by the USCP, to date, fail to link specifically desired outcomes to a clearly defined set of strategic objectives emanating 

from an approved strategic plan. Reorganization proposals do not 

adequately reflect recommendations made by the Government Accountability Office to establish a clear link between organization 

structure, strategic objectives, and staffing requirements. Therefore, the conferees do not approve any changes in organizational 

structure at this time. The department has experienced a considerable amount of growth over the past few years in both mission and 

resources. The conferees believe that it is important for the USCP 

to develop a reorganization plan that is clear, transparent, and 

supports the efficient and effective use of current and requested resources. The plan should clearly demonstrate how the proposed organizational realignment is tied to the strategic objectives in an approved strategic plan which is founded on the following criteria: results of an up-to-date threat assessment; well-defined policies; and 

new or reformed practices designed to transform and modernize the 

force in response to post-9/11 security requirements. The conferees 

believe that an independent review of a proposed USCP reorganization plan, including the application of best practices, where applicable, would be helpful in this regard and directs the Government Accountability Office to undertake such a review. The GAO will report its findings and make recommendations that will assist the 

Chief and the Capitol Police Board in the development of a reorganization plan. The GAO should report the results of its review to 

the Committees and the Capitol Police Board by February 28, 2005. 

The conferees direct that 10 additional civilian administrative 

FTEs be allocated within existing ‘‘Salaries’’ resources as follows: 

three accountants for FMS start-up and operations, a budget analyst for budget execution, a manpower analyst, a facilities administrator, a vehicle maintenance administrator, an assets manager, 

and two human resources specialists. In addition, the conferees direct that from within existing ‘‘General Expenses’’ resources, the 

Capitol Police contract for the staffing resources to cover the requirements for wireless technicians, currently estimated at four 

FTEs, and for radio installation repair technicians and security 

control operators, currently estimated at 11 FTEs. The conferees 

believe that these positions will permit the USCP to properly address growing issues with financial management, human resources 

management, workforce planning and budget, as well as technical 

requirements. The conferees expect that a portion of these resources will be used by the USCP to assist in the analysis and 

evaluation of mission requirements as related to organization 

structure and overall staffing needs. The conferees also expect that 

prior to any future requests for additional FTEs, the Capitol Police 

Board will present to the Committees a workforce plan that clearly 

communicates the relationship between a revised organizational 

structure and an approved strategic plan that is based on the following criteria: an up-to-date threat assessment; security policies 

and procedures approved by the Capitol Police Board; best pracVerDate Aug 04 2004 07:33 Dec 01, 2004 Jkt 096906 PO 00000 Frm 01350 Fmt 6601 Sfmt 6601 E:\HR\OC\HR792.XXX HR792
1347 

tices that are consistent with similar institutions; and human resources policies and practices designed to maximize the effective 

and efficient use of FTEs. 

The conferees further direct that the Capitol Police review all 

existing operations and general expenses to determine if any 

outsourcing opportunities exist and report those findings to the 

Committee on Appropriations of the House and Senate by March 

1, 2005. 

The conferees are concerned over the inflated estimates for the 

‘‘Salaries’’ appropriations submitted by the Chief of Police. This situation has resulted in excess unobligated balances of $19.6 million, 

or 11.2% in fiscal year 2003 and $11.2 million, or 5.7% in fiscal 

year 2004. This practice is inexcusable, especially in consideration 

of the budget restraints under which the Congress is operating. 

GENERAL EXPENSES

Appropriates $28,888,000 for general expenses of the Capitol 

Police, instead of $28,925,000, as proposed by the Senate. 

As directed in the fiscal year 2005 House Report (108–577), the 

Chief of Police is to report on the economics of continuing the use 

of the Capitol Police command vehicle due to the requested maintenance cost of $200,000 for 2005. The conferees are concerned that, 

since November 2003, the USCP have been aware of major mechanical structural problems with the vehicle and did not inform 

the Committees. The study, which was to be submitted to the Committees on September 1, 2004, was not received until November 5, 

2004. It was then reported that the command vehicle is ‘‘mechanically and structurally unsound for service,’’ and had been removed 

from service on November 1, 2004. The conferees note that $1.6 

million was invested in the command vehicle and direct that no 

further funding be obligated or expended for this vehicle until all 

options are explored on its continued use and reported to the Committee on Appropriations of the House and Senate by February 1, 

2005. 

The conferees direct the Government Accountability Office to 

conduct a study of the equestrian unit of the USCP. The study is 

to examine the effectiveness, efficiency, cost benefits, risk analysis, 

and overall operations of the unit. The study is to be provided to 

the Committee on Appropriations of the House and Senate by 

March 15, 2005. 

The conferees direct that the Chief of Police provide the Committee on Appropriations of the House and Senate a quarterly report of all travel of the command staff of the Capitol Police. This 

report should provide the names of the travelers, the dates and 

purpose of the travel, and all costs including any training or registration fees associated with the travel. These reports should begin 

with the first quarter ending December 31, 2004. 

The conferees urge the Capitol Police to deploy wherever appropriate first applied sorbent treatment for use by the Hazardous 

Materials Response Team in chemical decontamination efforts. 

1348 

ADMINISTRATIVE PROVISIONS

(INCLUDING TRANSFER OF FUNDS)

The conferees have included an administrative provision allowing for the transfer of funds upon the approval of the Committee 

on Appropriations of the House and Senate. 

In addition, the conferees have included an administrative provision relating to hiring authority of the Capitol Police. The conferees also included authorization for the Capitol Police to carry a 

specifically authorized weapon during periods when the officer or 

member is not on duty that is different from the weapon furnished 

by the Department. The conferees have provided authority for setting pay with the Capitol Police Board or the Chief of the Capitol 

Police. The conferees have provided authority for the acceptance of 

donations of animals for the canine unit. The conferees have also 

provided authority to the Chief of the Capitol Police to settle Federal tort claims, in accordance with Title 31 of the United States 

Code, with reporting requirements to the Committee on House Administration and the Senate Committee on Rules and Administration. The conferees have included a provision related to the protection of information that is sensitive to the policing, protection, 

physical security, counter terrorism, emergency response, and preparedness of the Congress and the Capitol buildings and grounds. 

Language has also been included regarding the General Counsel 

that is not intended to effect changes to the current organizational 

structure. The conferees have also included a provision relating to 

deployment of the Capitol Police outside of their jurisdiction. 

OFFICE OF COMPLIANCE

SALARIES AND EXPENSES

Appropriates $2,421,000 as proposed by the House and the 

Senate. The conferees have agreed to strike the student loan repayment provision. The conferees remind the Office of Compliance that 

funding provided for cost-of-living increases is not to be used for 

any other purpose without the prior approval of the House and 

Senate Committees on Appropriations. 

CONGRESSIONAL BUDGET OFFICE

SALARIES AND EXPENSES

Appropriates $34,919,000 instead of $34,790,000 as proposed 

by the House and Senate. The additional amount of $129,000 is 

provided to cover the increased agency cost for the Federal Employee Retirement System (FERS). 

ARCHITECT OF THE CAPITOL

GENERAL ADMINISTRATION

Appropriates $80,347,000, to the Architect of the Capitol for 

general administration, instead of $79,581,000 as proposed by the 

House and $74,063,000 as proposed by the Senate. Of the amount 

appropriated, $2,220,000 shall remain available until September 

1349 

30, 2009, instead of $1,500,000 as proposed by the House and 

$720,000 as proposed by the Senate. 

The conferees are concerned that little has been accomplished 

through the new Chief Operating Officer (COO) function, which the 

Congress created in fiscal year 2003. This function was intended to 

improve management, streamline day-to-day Architect of the Capitol (AOC) operations, and effectuate team building. 

Specifically, Public Law 108–7 required that the COO prepare 

an action plan describing ‘‘the policies, procedures, and actions’’ to 

be implemented ‘‘and timeframes for carrying out the responsibilities under this section’’. The conferees note that the action plan 

submitted to Congress by the COO did not adequately describe how 

the COO would carry out the assigned responsibilities detailed in 

the legislation. Because the submitted action plan is outlined at 

such a general level, it fails to convey how the listed items link together to move the agency forward and address the Agency’s longstanding and well known weaknesses, the reason the COO position 

was created. In addition, the plan lacks details of the steps necessary for completing the listed items, nor does it explain how individual items will be measured in order to monitor AOC’s performance. Further, the plan does not specify how the items listed in the 

action plan relate to and link with the AOC’s strategic plan, released on December 15, 2003, even though the legislation required 

that the action plan be ‘‘developed concurrently and consistent with 

the development of a strategic plan.’’ 

In addition, the action plan was to be submitted not later than 

90 days after the appointment of the Chief Operating Officer on 

July 28, 2003, but the plan was not received until December 22, 

2003, almost 2 months late and with no evidence of having benefited from additional work over that period. The conferees note that 

the action plan was delivered without briefing or discussion, which 

could have provided the relevant Committees with better understanding regarding the details of the implementation of the plan. 

Based on ongoing monitoring efforts conducted by the Government Accountability Office (GAO), it appears that there have been 

no substantive improvements made to overall AOC operations by 

the new COO. In fact, the conferees are concerned that efforts by 

the COO to direct changes without the context of strategic objectives and a transparent, well-organized change management process are having a negative impact on morale, productivity, and effectiveness of the AOC as an institution. It is apparent that the COO 

has not seriously addressed the intended results of this law and 

that he has either misunderstood or intentionally ignored the purpose for which the position was created. Therefore, the conferees 

have eliminated funding of $171,000 for the salary and benefit 

costs of the incumbent of the Chief Operating Officer position. The 

conferees further direct that Architect of the Capitol enters into a 

contract with an executive employment search organization to perform a nation-wide recruitment for a new Chief Operating Officer. 

The conferees further direct that a panel comprised of the Comptroller General of the United States, the Public Printer of the 

United States, the Chief Administrative Officer of the House of 

Representatives, a designee from the Senate Sergeant at Arms, and 

a designee from the office of the Architect of the Capitol review the 

1350 

applications, interview the top applicants, and forward a recommendation, including not less than three applicants, to the Architect of the Capitol for his review and final selection within 180 

days of enactment of this Act. 

The conferees have agreed to defer the transfer of FTEs and 

associated costs as proposed by the Senate until an organizational 

structure is approved for the Office of the Architect of the Capitol. 

The conferees are concerned that the AOC has ignored previous directives to improve the quality of the FTE data analysis 

submitted in the annual budget, particularly related to ongoing 

and new projects, and therefore, direct that these very important 

FTE projection and tracking issues be readdressed by the Architect. The conferees found the previous recommendations by the 

AOC to remedy the FTE analysis difficulties to be questionable, including the AOC proposals to completely remove the FTE caps, or 

to increase the caps to significantly higher levels without justification. It is understood that the FTE situation in the AOC is complex 

due to the multi-faceted responsibilities of the Architect, including 

ongoing operations, annual and multi-year projects; a variety of 

funding sources; and the various types of positions that are required to accomplish these responsibilities. However, it is due to 

these varying and complex factors that more systemic processes 

and greater controls are required for FTE estimates, projections 

and tracking. The AOC needs to provide comprehensive, meaningful, realistic, and transparent FTE data. 

The conferees have agreed to defer the establishment of a separate FTE cap for the Construction Management Division (CMD), as 

proposed by the House. The AOC has been provided relief from the 

FTE caps for project work for the past two years. The conferees 

agree that a less cumbersome, yet accurate, approach for managing 

FTE data is required. Therefore, the conferees direct the Architect 

of the Capitol and the Government Accountability Office to work 

together to prepare a report with recommendations that will address and improve the AOC’s ability to estimate, track, and report 

on all FTEs. The report is to include recommendations for improvements that address FTE data by appropriation and organizational 

levels, including permanent and temporary FTEs required for each 

of the following categories: all jurisdiction operations, including 

those in general administration; ongoing and new projects performed by the superintendents; and ongoing and new projects performed by the CMD. The recommendations will take into account 

that data should be derived from a zero-base for all temporary employees, including non-project and support temporary positions as 

well as temporary project positions for both superintendent jurisdictions and CMD projects. 

Further, the report will address future personnel requirements 

by contracting out functions to free up FTEs for functions that are 

inherently governmental. The conferees further direct that the caps 

established in FY 2004 will continue in FY 2005. The report with 

recommendations is to be delivered to the Committees on Appropriations of the House and Senate not later than 120 days after the 

enactment of this Act. 

The conferees note that there have been complaints regarding 

the responsiveness of the Architect of the Capitol to the needs of 

1351 

clients. The conferees remind the Architect that the organization 

must reflect a posture that is timely, professional, and responsive. 

Included in the operating budget is an additional $277,000 to 

cover anticipated increased agency contributions to the Federal 

Employees Retirement System for employees paid through the 

General Administration appropriation. 

With respect to operations and projects the House and Senate 

conferees have agreed to the following: 

Operating Budget .................................................................................. $77,467,000 

Project Budget: 

1. Emergency Defibrillators ........................................................... 660,000 

2. Study, Design, and Condition Assessment ............................... 720,000 

Legislative Call System .......................................................... (120,000) 

Telecommunications infrastructure ....................................... (350,000) 

ACF Emergency Vehicle Storage Facility ............................. (250,000) 

3. CATV System Upgrade Design ................................................. 1,500,000 

Total, General Administration ............................................ 80,347,000 

CAPITOL BUILDING

(INCLUDING TRANSFER OF FUNDS)

Appropriates $28,857,000, to the Architect of the Capitol for 

maintenance, care, and operation of the Capitol building, instead of 

$18,185,000 as proposed by the House and $24,784,000 as proposed 

by the Senate. Of the amount appropriated, $14,500,000 shall remain available until expended, instead of $4,000,000 as proposed 

by the House and $8,770,000 as proposed by the Senate to remain 

available until September 30, 2009. 

Included in the operating budget is an additional $72,000 to 

cover anticipated increased agency contributions to the Federal 

Employees Retirement System for employees paid through the Capitol Building appropriation. 

The conferees have agreed to include authority for the transfer 

of up to $10,600,000 to the Capitol Visitor Center project. The conferees are distressed with the Architect’s ongoing inability to provide the Committees with accurate cost estimates and delivery 

schedules on this very important and high profile project. Since the 

commencement of the project, the Committees have made every effort to work with the Architect and staff through these issues, and 

yet, continue to receive notifications of schedule delays, unforeseen 

requirements, and escalating costs of the Capitol Visitor Center. 

With respect to operations and projects the House and Senate 

conferees have agreed to the following: 

Operating Budget .................................................................................. $14,814,000 

Project Budget: 

1. Replacement of Minton Tile ...................................................... 473,000 

2. Computer, Telecom, and Electrical Support ............................ 300,000 

3. Restore Shutters & Upgrade Window Lighting ....................... 400,000 

4. CVC Facility Maintenance ......................................................... 6,000,000 

5. Install Emergency Exit Signs & Lighting ................................ 1,000,000 

6. CVC Start-up Operations .......................................................... 3,270,000 

7. Minor Construction .................................................................... 2,500,000 

8. Study, Design, and Condition Assessment: 

Subway Terminal Water Infiltration ..................................... 100,000 

Total, Capitol Building ........................................................ 28,857,000 

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CAPITOL GROUNDS

Appropriates $6,974,000, to the Architect of the Capitol for the 

care and improvements of the grounds surrounding the Capitol, 

House and Senate office buildings, and the Capitol Power Plant, instead of $7,033,000, of which $527,000 shall remain available until 

September 30, 2009, as proposed by the House and $6,940,000, as 

proposed by the Senate. 

Included in the operating budget is an additional $34,000 to 

cover anticipated increased agency contributions to the Federal 

Employees Retirement System for employees paid through the Capitol Grounds appropriation. 

With respect to operations and projects the House and Senate 

conferees have agreed to the following: 

Operating Budget .................................................................................. $6,509,000 

Project Budget: 

1. Restore Decorative Vases & Lights, W. Terrace ...................... 78,000 

2. Inaugural Support ...................................................................... 10,000 

3. Renovate Former D.C. Street Lights ........................................ 177,000 

4. Study, Design, and Condition Assessment: Restoration of the 

Summerhouse .............................................................................. 100,000 

5. Wayfinding and ADA Compliant Signage ................................ 100,000 

Total, Capitol Grounds ............................................................... 6,974,000 

SENATE OFFICE BUILDINGS

Appropriates $62,083,000, of which $9,070,000 shall remain 

available until September 30, 2009, to the Architect of the Capitol 

for the maintenance, care, and operation of the Senate office buildings. Inasmuch as this item relates solely to the Senate, and in accord with long practice under which each body determines its own 

housekeeping requirements and the other concurs without intervention, the managers on the part of the House, at the request of 

the managers on the part of the Senate, have receded to the Senate. 

Included in the operating budget is an additional $219,000 to 

cover anticipated increased agency contributions to the Federal 

Employees Retirement System for employees paid through the Senate Office Buildings appropriation. 

Operating Budget .................................................................................. $52,112,000 

Project Budget: 

1. Refinish Historic Woodwork ...................................................... 285,000 

2. Repair Marble Floors & Clean Architectural Surfaces ........... 510,000 

3. Roof Maintenance ....................................................................... 300,000 

4. Seal Fire Wall Penetrations, HSOB, DSOB ............................. 300,000 

5. Ramp Repair, HSOB Garage ..................................................... 200,000 

6. Replace Suite Counters, Sinks & Faucets, HSOB ................... 100,000 

7. General Painting ........................................................................ 150,000 

8. Workman Vehicle ....................................................................... 25,000 

9. Man-Lift (Masonry Shop) ........................................................... 19,000 

10. General Purpose Utility Vehicle ............................................. 12,000 

11. Replace Modular Furniture, HSOB ........................................ 3,700,000 

12. Renovate Restrooms, ADA, HOB ............................................ 1,300,000 

13. Study, Design, and Condition Assessment ............................. 2,350,000 

Study/Design, Existing Fire Alarm System Upgrade ........... (750,000) 

Design, Replace Roof and Skylights, HOB ............................ (600,000) 

Design, Renovate North Server .............................................. (300,000) 

Study, Reclaim Parking under Senate Office Buildings and 

Space Utilization .................................................................. (250,000) 

1353 

Study, Waterproofing/Code Compliant Upgrades, Old Senate Tunnel ............................................................................ (100,000) 

Design, Fire Alarm System ADA Upgrade, DSOB ............... (75,000) 

Assessment, Penetrations of Fire Resistant Rated Walls, 

RSOB .................................................................................... (70,000) 

Design, Sprinkler Protection for Legislative Garage ............ (65,000) 

Design, Renovation of South Buffet ....................................... (50,000) 

Assessment and Design, Taft Memorial ................................ (50,000) 

Design, Pre-action Sprinkler System, Russell Library ......... (40,000) 

14. HVAC: Elevator Machine Room Modernization .................... 420,000 

15. Furniture, Special Allowance .................................................. 300,000 

Total, Senate Office Buildings ............................................ 62,083,000 

HOUSE OFFICE BUILDINGS

Appropriates $65,353,000, of which $27,103,000 shall remain 

available until September 30, 2009, to the Architect of the Capitol 

for the maintenance, care, and operation of the House office buildings. Inasmuch as this item relates solely to the House, and in accord with long practice under which each body determines its own 

housekeeping requirements and the other concurs without intervention, the managers on the part of the Senate, at the request of 

the managers on the part of the House, have receded to the House. Included in the operating budget is an additional $223,000 to 

cover anticipated increased agency contributions to the Federal 

Employees Retirement System for employees paid through the 

House Office Buildings appropriation. 

The conferees direct the Architect of the Capitol to administer 

fire code regulations in the House office buildings under the same 

protocols used for administration of fire codes in the Capitol building. 

Operating Budget .................................................................................. $37,900,000 

Project Budget: 

1. Egress Door Improvements ....................................................... 200,000 

2. Replace Chilled Water Coils, FHOB ......................................... 150,000 

3. Minor Construction .................................................................... 5,000,000 

4. Study, Design, and Condition Assessment ............................... 1,955,000 

Design, RHOB Egress ............................................................. (500,000) 

Design, FHOB Egress ............................................................. (80,000) 

Study, Upgrade Room 1100, RHOB ....................................... (400,000) 

Design, Repairs to Garage Floor, RHOB ............................... (975,000) 

5. CAO Project Support .................................................................. 4,894,000 

6. Replace Windows, FHOB ........................................................... 4,900,000 

7. Exterior Waterproofing, Underground Garages ...................... 2,954,000 

8. Extend Sprinkler Systems ......................................................... 3,300,000 

9. Fire Alarm System Upgrade, HOB (Less RHOB) .................... 1,100,000 

10. Staff Fitness Facility ................................................................ 3,000,000 

Total, House Office Buildings ............................................. 65,353,000 

CAPITOL POWER PLANT

In addition to $4,400,000 made available from receipts credited 

as reimbursements to this appropriation, appropriates $56,834,000, 

to the Architect of the Capitol for maintenance, care, and operation 

of the Capitol Power Plant, instead of $56,139,000 as proposed by 

the House and $60,928,000 as proposed by the Senate. Of the 

amount appropriated, $1,000,000 shall remain available until September 30, 2009, instead of $630,000 as proposed by the House and 

$2,190,000 as proposed by the Senate. 

1354 

Included in the operating budget is an additional $63,000 to 

cover anticipated increased agency contributions to the Federal 

Employees Retirement System for employees paid through the Capitol Power Plant appropriation. 

With respect to operations and projects the House and Senate 

conferees have agreed to the following: 

Operating Budget (net) ......................................................................... $53,015,000 

Project Budget: 

1. Implement Shoring and Repairs to Tunnels ............................ 100,000 

2. Replace Expansion Joints .......................................................... 1,342,000 

3. Retube Condensers, West Refrigeration Plant. ....................... 866,000 

4. Study, Design, and Condition Assessment ............................... 1,000,000 

Design, In-Plant Power Generation ....................................... (750,000) 

Design, Upgrade Environmental Control Equipment .......... (250,000) 

5. Remove Tar Paper/Reinsulate Violet Tunnel ........................... 261,000 

6. Repair/Maintenance Chiller Motors 6A & 5 ............................. 250,000 

Total, Capitol Power Plant (net) ......................................... 56,834,000 

LIBRARY BUILDINGS AND GROUNDS

Appropriates $40,097,000, to the Architect of the Capitol for 

structural and mechanical care of the Library buildings and 

grounds instead of $34,783,000 as proposed by the House and 

$65,145,000 as proposed by the Senate. Of the amount appropriated, $21,506,000 shall remain available until September 30, 

2009 instead of $18,110,000 as proposed by the House and 

$47,114,000 as proposed by the Senate. 

Included in the operating budget is an additional $78,000 to 

cover anticipated increased agency contributions to the Federal 

Employees Retirement System for employees paid through the Library Buildings and Grounds appropriation. 

With respect to operations and projects the House and Senate 

conferees have agreed to the following: 

Operating Budget .................................................................................. $17,516,000 

Project Budget: 

1. Repair Life Safety Deficiencies ................................................. 400,000 

2. Replace Partitions Supports, JMMB ........................................ 250,000 

3. Painting, TJB Arches and Ft. Meade Module 1 ...................... 245,000 

4. Replace Sidewalks, JAB & TJB ................................................ 100,000 

5. Preservation Environmental Monitoring .................................. 80,000 

6. Minor Construction .................................................................... 1,300,000 

7. Collections Security .................................................................... 860,000 

8. Sprinkler System Upgrades, TJB ............................................. 6,754,000 

9. Smoke Detector Upgrades, TJB ................................................ 3,850,000 

10. ADA Bathroom Renovations, JAB .......................................... 3,700,000 

11. Sprinkler System Upgrades, JAB ........................................... 2,400,000 

12. Study, Design, and Condition Assessment, Infrastructure 

Maintenance ................................................................................ 842,000 

Design, Replace Rain Leaders ................................................ 300,000) 

Design, Repair/Replace Copper Roof ...................................... (215,000) 

Design, Roof Repairs, TJB ...................................................... (200,000) 

Study, Coil Deterioration, TJB & JAB .................................. (75,000) 

Design, Conservation of Murals ............................................. (52,000) 

13. Design, LOC Egress Improvements ........................................ 1,800,000 

Total, Library Buildings and Grounds ............................... 40,097,000 

CAPITOL POLICE BUILDINGS AND GROUNDS

Appropriates $5,853,000, to the Architect of the Capitol for the 

maintenance, care, and operation of buildings and grounds of the 

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Capitol Police instead of $4,883,000 as proposed by the House and 

$7,090,000 as proposed by the Senate. Of the amount appropriated, 

$500,000 shall remain available until September 30, 2009, instead 

of no multi-year funding as proposed by the House and $1,500,000 

as proposed by the Senate. Included in the operating budget is an additional $3,000 to 

cover anticipated increased agency contributions to the Federal 

Employees Retirement System for employees paid through the Capitol Police Buildings and Grounds appropriation. 

With respect to operations and projects the House and Senate 

conferees have agreed to the following: 

Operating Budget .................................................................................. $4,853,000 

Project Budget: 

1. USCP Furniture Replacement .................................................. 500,000 

2. Study, Design, and Condition Assessment ............................... 500,000 

Annual Update to USCP Facilities Master Plan .................. (100,000) 

Study, Replacement of 67 K Street Facility .......................... (200,000) 

Two Decontamination Support Stations ................................ (200,000) 

Total, Capitol Police Buildings and Grounds .................... 5,853,000 

BOTANIC GARDEN

Appropriates $6,326,000, to the Architect of the Capitol for the 

Botanic Garden, instead of $5,932,000 as proposed by the House 

and $6,294,000 as proposed by the Senate. The increase includes 

$62,000 for one new FTE. 

Included in the operating budget is an additional $32,000 to 

cover anticipated increased agency contributions to the Federal 

Employees Retirement System for employees paid through the Botanic Garden appropriation. 

With respect to operations and projects the conferees have 

agreed to the following: 

Operating Budget .................................................................................. $5,783,000 

Project Budget: 

1. D.C. Village Facility, Roof Replacement ................................... 243,000 

2. Partnership Support .................................................................. 300,000 

Total, Botanic Garden .................................................................... 6,326,000 

ADMINISTRATIVE PROVISION

The conference agreement includes an administrative provision 

that requires the Comptroller General to conduct a study to analyze the cost, cost effectiveness, benefits, and feasibility of the Architect of the Capitol entering into a contract with a private entity 

for the management and operation of the Capitol Power Plant. 

LIBRARY OF CONGRESS

SALARIES AND EXPENSES

Provides $384,671,000 for salaries and expenses, Library of 

Congress instead of $373,225,000 as proposed by the House and 

$379,648,000 as proposed by the Senate. Of this amount, 

$6,350,000 is made available from receipts collected by the Library 

of Congress and shall remain available until expended; and 

$12,481,000 shall remain available until expended for acquisition of 

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posed by the House instead of $11,981,000 as proposed by the Senate. The conferees have provided 2 FTEs and $256,000 for the Office of the Inspector General to address information technology security audits. The conferees have agreed to a base reduction of 3 

FTEs and $300,000 in accordance with Public Law 106–57, Section 

208. 

The conferees expect the Librarian of Congress to work with 

the established educational consortium to draft future budgets for 

the Adventure of the American Mind program and to submit them 

to Congress. The conferees further direct that the Library of Congress and the educational consortium establish a program in Georgia to be funded within existing resources. 

An amount of $616,000 is included to cover anticipated increased agency contributions to the Federal Employees Retirement 

System. 

With respect to program allowances the conferees have agreed 

to the following: 

1. Adventures of the American Mind ................................................... $2,250,000 

2. Abraham Lincoln Bicentennial Commission ................................... 500,000 

3. Middle Eastern Text Initiative ......................................................... 500,000 

4. National Film Preservation Board and National Film Preservation Foundation .................................................................................. 500,000 

5. NAVCC—Culpeper Project ............................................................... 19,538,000 

6. Department of State Capital Security Cost-Sharing Program. ..... 1,200,000 

7. Veterans History Project ................................................................... 1,035,000 

8. Security Equipment Maintenance .................................................... 930,000 

9. Information Technology System Maintenance ................................ 1,000,000 

10. Association for Diplomatic Studies and Training ......................... 100,000 

11. Cooperative Preservation and Conservation Project .................... 300,000 

COPYRIGHT OFFICE

SALARIES AND EXPENSES

Provides $53,611,000, including $33,477,000 made available 

from receipts, for salaries and expenses, Copyright Office, instead 

of $53,518,000 as proposed by the House and Senate. The $93,000 

increase provides for the increased cost of FERS. 

The conferees are encouraged by the Copyright Office’s recent 

efforts to reengineer its processes, creating an electronic Copyright 

Office where applications and copies of copyright works can be submitted, processed and stored in digital form. An electronic system 

will provide the public with better access to copyrights and better 

enable the protection of copyrights and other intellectual property. 

The conferees also recognize that for any electronic system to be 

complete and useful to the public, it must also include all previous 

copyright records not currently in electronic form. The conferees 

are pleased that the office has initiated a study which will assess 

the costs and feasibility, as well as technical approaches, of converting its historical records so that there will be electronic access 

to all records from 1790 to the present. The conferees understand 

that there will be costs associated with such an effort, and will be 

interested to hear the office’s proposal to begin to transition the 

historical records into electronic and searchable format. 

1357 

CONGRESSIONAL RESEARCH SERVICE

SALARIES AND EXPENSES

Appropriates $96,893,000 for salaries and expenses, Congressional Research Service, Library of Congress, instead of 

$96,385,000 as proposed by the House and $96,678,000 as proposed 

by the Senate. The increase over the House allowance provides 

$293,000 for mandatory pay reallocations and $215,000 for the increased cost of FERS. 

BOOKS FOR THE BLIND AND PHYSICALLY HANDICAPPED

SALARIES AND EXPENSES

Appropriates $54,412,000 for Books for the Blind and Phys- ically Handicapped, salaries and expenses, instead of $60,187,000 

as proposed by the House and $53,937,000 as proposed by the Senate. Of the appropriated amount, $16,235,000 shall remain available until expended instead of $22,210,000 as proposed by the 

House and $15,960,000 as proposed by the Senate. The conference 

agreement provides $275,000 above the amount requested for the 

Digital Talking Book Project. The conference agreement also provides $200,000 to remain available until expended to defray telecommunications costs for the National Federation of the Blind 

‘‘NEWSLINE’’ audio daily newspaper service. This funding will 

complete the project that was begun in fiscal year 2003. 

ADMINISTRATIVE PROVISIONS

In addition to various technical corrections the conferees have 

agreed to a provision pertaining to the National Film Preservation 

Board and the National Film Preservation Foundation. The conferees have included an administrative provision that limits the 

amount of reimbursement to the Department of State for maintenance, upgrade, and construction. 

GOVERNMENT PRINTING OFFICE

CONGRESSIONAL PRINTING AND BINDING

(INCLUDING TRANSFER OF FUNDS)

Appropriates $88,800,000 as proposed by the House and the 

Senate. 

OFFICE OF THE SUPERINTENDENT OF DOCUMENTS

SALARIES AND EXPENSES

(INCLUDING TRANSFER OF FUNDS)

Appropriates $31,953,000 for Office of the Superintendent of 

Documents, salaries and expenses instead of $32,524,000 proposed 

by the House and $31,935,000 proposed by the Senate. The $18,000 

above the Senate allowance covers the increased cost of FERS. The 

conferees have agreed to a FTE cap of 2,621 as proposed by the 

Senate instead of 2,889 as proposed by the House. 

The conferees support public access to materials in the Federal 

Depository Library Program’s legacy and electronic collections and 

1358 

authorize the Superintendent of Documents to move forward with 

this program within available FTEs and funding. 

ADMINISTRATIVE PROVISION

The conferees have agreed to the administrative provision proposed by the House and Senate authorizing the Superintendent of 

Documents to discount sales copies of GPO publications below the 

current limitation. 

GOVERNMENT ACCOUNTABILITY OFFICE

SALARIES AND EXPENSES

Provides $478,392,000, of which $7,419,000 is from offsetting 

collections, for salaries and expenses, Government Accountability 

Office instead of $481,000,000 as proposed by the House and 

$477,419,000 as proposed by the Senate. The increase of $973,000 

above the Senate allowance is to cover the increased cost of FERS. 

The conferees have withdrawn the request made by the House 

for the Government Accountability Office to provide a report outlining the statutory responsibilities of the Congressional Budget 

Office, the Congressional Research Service, the Joint Economic 

Committee, and the Joint Committee on Taxation. 

The conferees support the Senate report language (108–307) on 

technology assessments and mail screening technology. 

ADMINISTRATIVE PROVISION

The conferees have agreed to an administrative provision proposed by the Senate which amends the Anti-Deficiency Act to require the heads of executive agencies and the Mayor of the District 

of Columbia to transmit to the Comptroller General copies of reports of violations of the Act at the same time violations are reported to the Congress. 

PAYMENT TO THE OPEN WORLD LEADERSHIP CENTER TRUST FUND

Appropriates $13,500,000 for a payment to the Open World 

Leadership Center Trust Fund, as proposed by the Senate instead 

of $6,750,000 as proposed by the House. 

ADMINISTRATIVE PROVISIONS

The conferees have agreed to a provision that expands the 

Open World Leadership countries upon submission of a plan to the 

Committees on Appropriations of the House and Senate; and to a 

provision that amends the language relating to the membership of 

the board. 

TITLE II—GENERAL PROVISIONS 

In Title II, General Provisions, section numbers have been 

changed to conform to the conference agreement and technical corrections have been made. 

The conferees have included a provision that authorizes the 

Architect of the Capitol to maintain and improve landscape features of property located near the House office buildings. 

1359 

The conferees have included a provision that prohibits funding 

in the Act, from being transferred except as provided in this Act. 

The conferees have included a provision that agencies of the 

Legislative Branch shall not be required to use the eTravel Service 

established by the General Services Administration. 

The conferees have included a provision that authorizes permanent separation incentive payments to employees of the Legislative 

Branch as was provided to all Executive branch agencies in the 

Homeland Security Act of 2002, Public Law 107–296. 

The conferees have included a House provision that prohibits 

the use of funds to study, design, plan, or construct a fence around 

the Capitol Grounds. 

The conferees have included the Senate provision that makes 

technical corrections to the Congressional Recognition for Excellence in Arts Education Act; and a provision that transfers property near the Japanese American Patriotism Memorial to the Architect of the Capitol. 

The conferees have included a provision relating to the Abraham Lincoln Fellowship Program. 

CONFERENCE TOTAL—WITH COMPARISONS

The total new budget (obligational) authority for the fiscal year 

2005 recommended by the Committee of Conference, with comparisons to the fiscal year 2004 amount, the 2005 budget estimates, 

and the House and Senate bills for 2005 follows: 

[In thousands of dollars] 

New budget (obligational authority, fiscal year 2004 ......................... $3,527,460 

Budget estimates of new (obligational) authority, fiscal year 2005 3,977,283 

House bill, fiscal year 2005 ................................................................... 2,750,522 

Senate bill, fiscal year 2005 .................................................................. 3,575,000 

Conference agreement, fiscal year 2005 .............................................. 3,575,000 

Conference agreement compared with: 

New budget (obligational) authority, fiscal year 2004 ................ +47,540 

Budget estimates of new (obligational) authority, Fiscal year 

2005 .............................................................................................. ¥402,283 

House bill, fiscal year 2005 ................................................................... +824,478 

Senate bill, fiscal year 2005 .................................................................. — 

DIVISION H—DEPARTMENTS OF TRANSPORTATION AND 

TREASURY, INDEPENDENT AGENCIES, AND GENERAL 

GOVERNMENT APPROPRIATIONS ACT, 2005 

CONGRESSIONAL DIRECTIVES

The conferees agree that Executive Branch propensities cannot 

substitute for Congress’ own statements concerning the best evidence of Congressional intentions; that is, the official reports of the 

Congress. The committee of conference approves report language 

included by the House (House Report 108–671) or the Senate (Senate Report 108–342) that is not changed by the conference. The 

statement of the managers, while repeating some report language 

for emphasis, is not intended to negate the language referred to 

above unless expressly provided herein. 

1360 

BUDGET JUSTIFICATION MATERIAL AND CONGRESSIONAL

REPROGRAMMING PROCEDURES

The conferees agree to all language and directives included in 

the House and Senate reports concerning the need to improve the 

budget justification materials and Congressional reprogramming 

procedures for departments and agencies funded in this Act. 

TITLE I—DEPARTMENT OF TRANSPORTATION 

OFFICE OF THE SECRETARY

SALARIES AND EXPENSES

Appropriates $87,234,000 for the salaries and expenses instead of $89,000,000 as proposed by the House and $86,000,000 as proposed by the Senate. As proposed by both the House and the Senate, bill language is included that specifies funding by office. The 

conference agreement is as follows: 

Immediate office of the Secretary ......................................................... $2,220,000 

Immediate office of the Deputy Secretary ........................................... 705,000 

Office of the General Counsel ............................................................... 15,395,000 

Office of the Under Secretary for Transportation Policy .................... 12,627,000 

Office of the Assistant Secretary for Budget and Programs .............. 8,573,000 

Office of the Assistant Secretary for Governmental Affairs ............... 2,316,000 

Office of the Assistant Secretary for Administration ......................... 23,436,000 

Office of Public Affairs .......................................................................... 1,929,000 

Office of the Executive Secretariat ....................................................... 1,456,000 

Board of Contract Appeals .................................................................... 704,000 

Office of Small and Disadvantaged Business Utilization ................... 1,278,000 

Office of the Chief Information Officer ................................................ 11,392,000 

Office of Intelligence and Security ....................................................... 2,053,000 

Office of Emergency Transportation .................................................... 3,150,000 

Retains provisions proposed by both the House and the Senate 

limiting transfers among each office to no more than 5 percent and 

requiring notification and approval by the House and Senate Committees on Appropriations for any transfer greater than 5 percent. 

Bill language, as proposed by both the House and the Senate, is included which allows the Department to spend up to $60,000 for official reception and representation expenses. 

Retains language proposed by the House prohibiting funds 

from being used to fill the position of Assistant Secretary for Public 

Affairs. 

Retains the House direction that the Assistant Secretary for 

Administration fund training and recruitment activities at a total 

of $378,000, and FedBiz Ops electronic business practice activities 

at $68,000. Retains the Senate direction to the Inspector General 

to review the budget justifications for the last three fiscal years 

and the mission of the Office of Assistant Secretary for Administration to determine if resources are commensurate with office responsibilities. 

Retains the House direction to transfer the Office of Emergency Transportation to the Office of the Secretary. Of the amounts 

provided, $100,000 is for improvements to the crisis management 

center and $100,000 is for regional emergency response team training. 

The conferees direct the Secretary to submit an operating plan 

for the entire Department as described in the House report within 

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60 days of enactment of this Act. Further, the Assistant Secretary 

for Budget and Programs shall submit a quarterly report on the 

status of all outstanding reports and reporting requirements as directed by the Senate. 

The conferees direct the Department to include in the fiscal 

year 2006 budget justification materials detailed information in the 

same manner as that of the fiscal year 2003 justifications. In addition, the conferees direct the Chief Information Officer (CIO) to include in the fiscal year 2006 budget materials details of all funds 

that are utilized and managed by the CIO, regardless of funding 

source or mode. The conferees reiterate the need for better budget 

materials from the Department in general. 

The conferees direct OST to conduct a study of declining intercity bus service, as proposed by the House under the Federal Transit Administration. 

OFFICE OF CIVIL RIGHTS

Appropriates $8,700,000 as proposed by both the House and 

the Senate. 

COMPENSATION FOR AIR CARRIERS

(RESCISSION)

Rescinds $235,000,000 from unobligated funds as proposed by 

the Senate. The House did not include a similar provision. 

TRANSPORTATION PLANNING, RESEARCH AND DEVELOPMENT

Appropriates $20,000,000 for transportation planning, research 

and development instead of $10,800,000 as proposed by the House 

and $15,000,000 as proposed by the Senate. Adjustments to the 

budget request are as follows: 

Circumpolar Infrastructure Task Force of the Arctic Council and 

Northern Forum, AK ......................................................................... $450,000 

DOT privacy assessment ....................................................................... 750,000 

Inland waters freight mobility study, AL ............................................ 750,000 

SDSU instrument training capital initiative, SD ............................... 200,000 

UI NIATT transportation infrastructure research and technology 

transfer, ID ......................................................................................... 300,000 

Transportation, infrastructure, and logistics research ....................... 750,000 

University of Nebraska—Kearney agricultural transportation pilot 

project, NE .......................................................................................... 500,000 

Western Washington University Transportation and Border Research Institute, WA .......................................................................... 1,000,000 

Yellow Bend Port planning and development, AR .............................. 300,000 

NIU Fuel Cell Research, IL .................................................................. 750,000 

Gulf of Mexico Transportation Strategic Study .................................. 500,000 

National Research Center for Rural Transportation, KS ................... 500,000 

Center for Coastal Engineering Research, AL .................................... 750,000 

Interstate Digital Image Exchange ...................................................... 500,000 

Great Lakes Maritime Research Institute, short seas shipping 

Route evaluation ................................................................................ 750,000 

University of Wisconsin, Superior—Transportation Logistics Research Center shipper and rail service study .................................. 250,000 

I–91 Corridor Rail Implementation Plan Study .................................. 750,000 

Hampton University Transportation Center ....................................... 250,000 

1362 

WORKING CAPITAL FUND

Limits working capital fund activities to $151,054,000 as proposed by the Senate instead of $125,000,000 as proposed by the 

House. 

MINORITY BUSINESS RESOURCE CENTER PROGRAM

Appropriates $900,000 for the administrative expenses of the 

minority business resource center program and limits loans made 

under the program to $18,367,000 as proposed by both the House 

and the Senate. 

MINORITY BUSINESS OUTREACH

Appropriates $3,000,000 for minority business outreach as proposed by both the House and the Senate. 

NEW HEADQUARTERS BUILDING

Appropriates $68,000,000 for continued construction and buildout of the new headquarters building. Neither the House nor the 

Senate provided funds for this account. 

PAYMENTS TO AIR CARRIERS

(AIRPORT AND AIRWAY TRUST FUND)

Appropriates $52,000,000 for payments to air carriers to be derived from the trust fund as proposed by the Senate, instead of 

$51,700,000 as proposed by the House. In addition to these funds, 

the program will receive $50,000,000 in mandatory spending pursuant to the Federal Aviation Authorization Act of 1996, resulting 

in a program budget of $102,000,000. 

FEDERAL AVIATION ADMINISTRATION

OPERATIONS

The conference agreement includes $7,775,000,000 for operations of the Federal Aviation Administration instead of 

$7,726,000,000 as proposed by the House and $7,784,000,000 as 

proposed by the Senate. Of the total amount provided, 

$4,918,073,000 is to be derived from the airport and airway trust 

fund instead of $4,972,000,000 as proposed by the House and 

$4,959,503,000 proposed by the Senate. Funds are distributed in 

the bill by budget activity, as proposed by the Senate. 

Contract tower cost-sharing.—The bill specifies $7,000,000 for 

continuation of the contract tower cost-sharing program as proposed by the House and Senate. 

Level of operational air traffic control supervisors.—The conference agreement includes language proposed by the House specifying that $4,000,000 of funds under this heading are available 

only to raise the level of operational air traffic control supervisors 

to 1,846. The Senate bill included no similar provision. 

Administration of government credit cards.—The agreement includes language proposed by the House related to FAA manageVerDate Aug 04 2004 07:33 Dec 01, 2004 Jkt 096906 PO 00000 Frm 01366 Fmt 6601 Sfmt 6601 E:\HR\OC\HR792.XXX HR792
1363 

ment of government credit cards. The Senate bill included no similar provision. 

The following table compares the conference agreement to the 

President’s budget and the levels proposed in the House and Senate bills by budget activity: 

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Insert graphic folio 802/3136 HR792.188
1366 

Administration of potential shortfall due to essential air service 

transfer.—The conferees agree that the FAA Administrator has the 

flexibility to propose the use of funds in either the ‘‘Operations’’ or 

‘‘Facilities and equipment’’ appropriations to address any shortfalls 

in essential air service funding for which FAA resources are required under existing law. The Administrator is directed to advise 

the House and Senate Committees on Appropriations on the appropriations and programs from which these funds would be drawn. 

Air traffic controller training.—The conferees agree that the 

initial training of personnel hired with funds in this Act above the 

budget request is to be conducted at the FAA Academy to the maximum extent possible. However, conferees do not intend for this directive to negatively influence FAA’s acceptance into the controller 

workforce of individuals hired through the Collegiate Training Initiative program using funds from FAA’s base budget. 

Study of ATC requirements, Chicago O’Hare, IL.—The conference agreement transfers $5,000,000 from the ‘‘Facilities and 

equipment’’ account for airspace redesign studies and associated 

analyses at Chicago O’Hare International Airport. The budget had 

requested such funding under the air traffic control tower replacement program. 

National airspace redesign.—Conferees agree to Senate language regarding the amount and use of funds for the national airspace redesign project in the New York/New Jersey metropolitan 

area. This results in an allocation of $4,000,000 for this project. 

The conferees agree that no funds made available under this appropriation may be used to prepare the Environmental Impact Statement for the redesign of the New York/New Jersey/Philadelphia regional airspace, or to conduct any work as part of the review of the 

redesign project conducted under the National Environmental Policy Act and related laws, as long as the FAA fails to consider noise 

mitigation. Further, none of the funds made available for this purpose shall be reprogrammed by the FAA to other activities, including airspace redesign not directly related to New York, New Jersey, 

and Philadelphia airspace redesign. 

Accounting system consolidation.—The conferees agree that 

FAA may proceed with its consolidation of accounting operations. 

However, the FAA should not consolidate operations of the Kansas 

City, Missouri office during fiscal year 2005. 

Official time.—The conference agreement includes a reduction 

of $7,000,000, as proposed by the House. The conferees direct the 

FAA Administrator and the Director of the Office of Personnel 

Management to submit a joint report to the House and Senate 

Committees on Appropriations, not later than April 1, 2005, explaining the specific short-term actions taken to reduce official time 

consumption, and the long-term plan to bring FAA’s policies and 

procedures into closer conformance to government-wide averages. 

FACILITIES AND EQUIPMENT

(AIRPORT AND AIRWAY TRUST FUND)

The conference agreement includes $2,540,000,000 instead of 

$2,500,000,000 as proposed by both the House and the Senate. Of 

the total amount available, $421,000,000 is available for one year, 

1367 

and $2,119,000,000 is available for three years. The appropriation 

of $3,000,000 proposed by the House for Defense Contract Audit 

Agency audits is not included. 

The following table provides a breakdown of the House and 

Senate bills and the conference agreement by program: 

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Insert graphic folio 802/3142 HR792.191
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Insert graphic folio 802/3143 HR792.192
1372 

Advanced technology development and prototyping.—The conference agreement includes $59,075,000 for advanced technology 

development and prototyping instead of $42,400,000 as proposed by 

the House and $56,575,000 as proposed by the Senate. The following table compares the conference agreement to the House and 

Senate bills by budget activity: 

Project Conference agreement 

Runway incursion .................................................................................. $9,100,000 

Aviation system capacity improvement ............................................... 4,000,000 

Separation standards ............................................................................ 2,500,000 

GA/vertical flight technology ................................................................ 1,500,000 

Operational concept validation ............................................................. 2,000,000 

NAS requirements development ........................................................... 1,500,000 

Domestic RVSM ..................................................................................... 2,200,000 

Safer skies .............................................................................................. 3,400,000 

Lithium technologies to mitigate ASR ................................................. 1,000,000 

Wind/weather research, Juneau, AK ................................................... 4,900,000 

Phased array radar technology ............................................................. 4,000,000 

Airport research ..................................................................................... 10,100,000 

Fogeye ..................................................................................................... 1,000,000 

NAS safety assessment ......................................................................... 1,000,000 

GPS anti-jam technology ....................................................................... 3,000,000 

Airborne automated flight alert system ............................................... 3,000,000 

Runway obstruction warning system ................................................... 375,000 

Airport cooperative research program ................................................. 3,000,000 

Data exchange project ........................................................................... 1,500 000 

Total ............................................................................................. 59,075,000 

Airport research.—Of the funds provided, $4,000,000 is for the 

airfield improvement program authorized under section 905 of Public Law 106–181. 

Safe flight 21.—The conference agreement provides $44,454,000, to be distributed as follows: 

Activity Amount 

Project Capstone ................................................................................................................................................ $36,000,000 

(Weather cameras) .................................................................................................................................... (7,000,000 ) 

Ohio River Valley ................................................................................................................................................ 4,004,000 

Other activities ................................................................................................................................................... 4,450,000 

En route automation.—The conference agreement provides $347,200,000 for en route automation. FAA is given the discretion 

to allocate the reduction of $14,000,000 among projects within this 

program. The conferees agree that, in future budget submissions, 

FAA is to display funds for the en route automation modernization 

(ERAM) program in a separate budget line item, and to identify 

sub-elements of that program, with associated funding, in the 

budget justification documents. 

Aviation weather services improvement.—The Senate recedes 

from its direction regarding this program. Funds for these activities 

are included under ‘‘Safe flight 21’’. 

Wide area augmentation system.—The conferees do not agree 

with Senate direction deferring funds for the additional geo-stationary satellite for the wide area augmentation system. The conference agreement fully funds this program. 

New York integrated control complex.—The conferees reiterate 

support for continued analysis of a New York integrated control 

complex. Although no current funding is provided, conferees support further investigation of the New York consolidation and will 

1373 

consider future Congressional funding based on the outcome of 

those studies. 

Terminal air traffic control facilities replacement.—The conference agreement provides $128,025,000 for this program. Funds 

shall be distributed as follows: 

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Insert graphic folio 802/3148 HR792.193
1375 

Terminal automation.—The conferees direct FAA not to obligate the government contractually during fiscal year 2005 to actions which would involve replacement of common ARTS systems 

or ARTS color displays until the Inspector General reviews and 

validates the life cycle cost studies and other relevant analyses provided to FAA’s Joint Resources Council to justify and rebaseline 

this possible phase of the terminal automation modernization program. This direction is the same as enacted for fiscal year 2004. 

During the current year, FAA made some decisions on this program, but deferred final decisions on this critical phase of the program, pending further analysis. The conferees believe that FAA urgently needs to make decisions on these systems, as they involve 

many of the agency’s largest and busiest air traffic control facilities. Consistent with fiscal year 2004, the conference direction does 

not prohibit the agency from including such activities in contract 

options that the agency could exercise after full review and approval is received. The conferees remain neutral on the issue of 

STARS deployment, and await the FAA’s detailed analyses and the 

Inspector General’s review. 

Detroit Metro Airport, MI.—Detroit Metro Airport was recently 

identified as a candidate airport where FAA should consider installation of the precision runway monitor (PRM) system to improve 

airport capacity in inclement weather conditions. Since then, FAA 

has begun to limit PRM deployment in favor of multilateration 

technology. Since the need for capacity improvements at Detroit 

Metro remains valid, and FAA is moving away from PRM deployments, the conferees encourage FAA to apply fiscal year 2005 funding to develop and implement the multilateration technology at 

this airport on an accelerated basis. 

Approach lighting system improvement program.—The conference agreement provides $24,360,000 for this program. Funds 

shall be distributed as follows: 

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Insert graphic folio 802/3151 HR792.194
1377 

Instrument landing system establishments.—The conference 

agreement provides $41,345,000 for this program. Funds shall be 

distributed as follows: 

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1379 

Transponder landing system.—The conference agreement pro- vides $7,000,000 for this program. The conferees agree that FAA 

should use these funds to conduct site surveys at locations listed 

in the House and Senate reports. Funds may also be used to evaluate other landing system alternatives, in consultation with the affected airports. 

Airport cable loop systems.—Funding of $3,000,000 above the 

budget estimate is for Atlanta Hartsfield International Airport, GA. 

FACILITIES AND EQUIPMENT

(AIRPORT AND AIRWAY TRUST FUND)

(RESCISSION)

The conference agreement deletes the rescission of $50,000,000 

proposed by the Senate. The House bill contained no similar rescission. 

RESEARCH, ENGINEERING, AND DEVELOPMENT

(AIRPORT AND AIRWAY TRUST FUND)

The conference agreement provides $130,927,000 for research, 

engineering, and development instead of $117,000,000 as proposed 

by the House and $129,427,000 as proposed by the Senate. The following table compares the conference agreement to the House and 

Senate bills by budget activity: 

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1381 

Propulsion and fuel systems.—Of the funds provided, 

$2,000,000 is to continue the evaluation of molecular markers for 

detecting the adulteration or dilution of jet fuel; $500,000 is for research into modifying general aviation piston engines to enable 

their safe operation using unleaded aviation fuel; and $1,000,000 is 

for research into aviation grade ethanol fuels at South Dakota 

State University. 

Advanced materials/structural safety.—Of the funds provided, 

$4,000,000 is for research and equipment at the National Institute 

for Aviation Research at Wichita State University (NIAR) and 

$500,000 is for advanced materials research at the University of 

Washington. 

Flightdeck safety/systems integration.—Of the funds provided, 

$2,000,000 is for the mobile object technology program and 

$1,500,000 is for continued development of in-flight simulator 

training for commercial pilots. Proposed funding for training and 

education in aircraft inspection, maintenance, and repair is not included. 

Aeromedical research.—The conference agreement provides 

$10,160,000, an increase of $3,500,000 above the budget estimate. 

Of the additional funds, $3,000,000 is to carry out studies and 

analyses of airline cabin air quality through the Center of Excellence for Cabin Air Quality, as recommended by the Senate. The 

conferees encourage FAA to consider adding Oklahoma State University to the consortium of universities in this center of excellence. 

In addition, $500,000 is to conduct preliminary investigations of 

the potential of low cost, low power, lightweight, polymer array 

technologies, networked within aircraft, to meet requirements for 

cabin air quality monitoring. This work is to be carried out through 

the FAA Civil Aeromedical Institute. 

Weather research.—Of the funds provided, $1,000,000 is for 

weather-related research to be conducted between FAA and the National Severe Storms Laboratory, Norman, Oklahoma. 

Wake turbulence.—Of the funds provided, $2,000,000 is to enhance the capability of pulsed laser Doppler radar to detect and 

track aircraft wakes. 

GRANTS-IN-AID FOR AIRPORTS

(LIQUIDATION OF CONTRACT AUTHORIZATION)

(LIMITATION ON OBLIGATIONS)

(AIRPORT AND AIRWAY TRUST FUND)

The conference agreement includes a liquidating cash appropriation of $2,800,000,000, as proposed by the Senate. The House 

had no similar appropriation. 

Obligation limitation.—The conferees agree to an obligation 

limitation of $3,500,000,000 for the ‘‘Grants-in-aid for airports’’ program as proposed by the Senate. The House bill contained no similar limitation. 

Administration.—The conference agreement includes a limitation on administrative expenses of $68,802,000 as proposed by the 

Senate. The House bill contained no similar limitation. 

1382 

Small community air service development pilot program.—The 

bill includes $20,000,000 under the obligation limitation to continue the small community air service development pilot program, 

as proposed by the Senate. The House had no similar funding. This 

is consistent with actions taken in the past four fiscal years. 

San Diego Airport.—Conferees agree to House direction regarding the San Diego Air Transportation Action Plan site selection 

process. 

High priority projects.—Of the funds covered by the obligation 

limitation in this bill, the conferees direct FAA to provide not less 

than the following funding levels, out of available resources, for the 

following projects in the corresponding amounts. The conferees 

agree that state apportionment funds may be construed as discretionary funds for the purposes of implementing this provision. To 

the maximum extent possible, the administrator should work to ensure that airport sponsors for these projects first use available entitlement funds to finance the projects. However, the FAA should not 

require sponsors to apply carryover entitlements to discretionary 

projects funded in the coming year, but only those entitlements applicable to the fiscal year 2005 obligation limitation. The conferees 

further direct that the specific funding allocated above shall not diminish or prejudice the application of a specific airport or geographic region to receive other AIP discretionary grants or 

multiyear letters of intent. 

Redesignation of project.—The conferees agree that the fourteenth project in the AIP priority list on page 33 of House Report 

108–671 is renamed ‘‘Stockton Airport’’. 

Airport Project description Amount 

Akron-Canton Airport, OH ........................................... Construction of de-icing fluid containment facility .. $5,000,000 

Akutan Airport, AK ...................................................... Various improvements ............................................... 2,000,000 

Albany Airport, GA ...................................................... Runway extension ...................................................... 1,000,000 

Albemarle-Stanly County Airport, NC ......................... Various improvements ............................................... 600,000 

Alliance Airport, TX ..................................................... Runway extension; relocate navaids; associated relocations.4,000,000 

Andalusia-Opp Airport, AL .......................................... Apron and Connector Taxiway Construction, Runway/Taxiway Extension Design, Land Acquisition, 

Runway Overlay, Road Relocation, and Runway/ 

Taxiway Extension.

3,500,000 

Andrews-Murphy Airport, NC ...................................... Corporate apron expansion and land acquisition ..... 1,000,000 

Ardmore Municipal Airport, OK ................................... Reconstruct runway 17/35 ......................................... 1,108,113 

Arnold Palmer Regional, PA ....................................... Extend runway ............................................................ 1,000,000 

Augusta Regional Airport, GA ..................................... Terminal construction ................................................ 1,500,000 

Aurora Municipal Airport, IL ....................................... Various improvements ............................................... 2,800,000 

Bartlesville Airport, OK ............................................... Extend runway 17/35 ................................................. 1,210,526 

Bastrop-Morehouse Memorial Airport, LA ................... Phase I funding for land acquisition and project 

design.

800,000 

Baxter County Regional Airport, AR ........................... Development of parallel runway ................................ 1,000,000 

Belen Alexander Municipal Airport, NM ...................... Various improvements ............................................... 850,000 

Bessemer Municipal, AL ............................................. Runway extension and security improvements ......... 1,000,000

Big Sandy Airport, KY ................................................. Fencing ....................................................................... 150,000 

Blue Ridge Airport, VA ................................................ Land acquisition and road relocation associated 

with expansion of apron.

500,000 

Brooks County Airport, TX ........................................... Land acquisition for runway extension ..................... 100,000 

Brownsville-South Padre Island Airport, TX ............... Engineering costs associated with increasing the 

runway length.

1,250,000 

Castle Airport, CA ....................................................... Upgrade for Part 139 Certification, tower into compliance and various improvements.1,000,000 

Central Nebraska Regional Airport, NE ...................... Pavement repair and replacement; lighting installation.2,100,000 

1383 

Airport Project description Amount 

Chandler Municipal Airport, AZ .................................. Heliport relocation ...................................................... 1,300,000 

Chattanooga Metropolitan Airport, TN ........................ Taxiway ‘‘alpha’’ north reconstruction ...................... 1,500,000 

Cleveland Hopkins International Airport, OH ............. Runway safety area improvements and software installation.1,300,000 

Collin County Regional Airport, TX ............................. Reconstruction/overlay of parallel taxiway; runway 

overlay.

300,000 

Concord Regional Airport, NC ..................................... Runway extension ...................................................... 1,250,000 

Council Bluffs Municipal, IA ...................................... Runway improvements ............................................... 2,000,000 

Craig/Klawock Airport, AK ........................................... Various improvements ............................................... 500,000 

Dane County Regional Airport, WI .............................. Construct 2nd phase of runway 13 safety area, object free space and approach surface.1,500,000 

DeKalb Taylor Municipal, IL ........................................ Widen taxiway A and taxiway C ................................ 700,000 

Detroit Metropolitan Airport, MI .................................. Demolition of the Berry Terminal and construction 

of a new deicing pad.

1,000,000 

Dillon County Airport, SC ............................................ Construct hangars, runways, and other facilities for 

new airport.

1,000,000 

DuPage Airport, IL ...................................................... Rehabilitation of taxiways A and C .......................... 2,500,000 

Eastman Airport, GA ................................................... Construction of the proposed cross wind runway ..... 1,000,000 

Edinburg Airport, TX ................................................... Design and engineering for upgrades to add cargo 

capacity.

100,000 

Enid Airport, OK .......................................................... Reconstruct parallel taxiway; rehabilitate runway 

17/35.

947,368 

Erie County-Plum Brook Airport, OH ........................... Initial engineering and design work to build the 

airport.

1,500,000 

Fairbanks International, AK ........................................ Various improvements ............................................... 1,300,000 

Farmington Airport, MO .............................................. Construct apron, partial parallel, and t-hanger 

taxiways.

1,500,000 

Fitzgerald Municipal Airport, GA ................................ Runway extension and precision approach equipment.1,300,000 

Forbes Field Airport, KS .............................................. Taxiway improvements ............................................... 1,000,000 

Franklin Field, AL ........................................................ Land acquisition, runway extension, and parallel 

taxiway.

1,000,000 

Freddie Jones Airport, AL ............................................ Runway extension ...................................................... 1,000,000 

Frenchville Airport, ME ............................................... Construction of aircraft hangar, complete access 

road; purchase and remove existing hangars.

1,300,000 

Gary/Chicago Airport, IN ............................................. Railroad relocation ..................................................... 2,800,000 

Georgetown County Airport, SC .................................. Various improvements ............................................... 1,000,000 

Golden Triangle Regional Airport, MS ........................ Cargo ramp construction ........................................... 2,000,000 

Granbury Municipal Airport, TX .................................. Runway extension ...................................................... 1,250,000 

Great Falls International Airport, MT ......................... Runway improvements ............................................... 3,000,000 

Gulfport-Biloxi International Airport, MS .................... Various improvements ............................................... 1,250,000 

Guthrie Airport, OK ..................................................... Complete runway 16/34 extension ............................ 684,211 

Halifax-Northampton Regional Airport, NC ................ Installation of category I instrument landing system, including localizer, glideslope, approach 

lighting system, and other related components.

1,000,000 

Hancock International, NY .......................................... Improve drainage; acquire snow removal vehicle; 

rehab apron.

1,000,000 

Harlan Tucker Guthrie Airport, KY .............................. Fencing ....................................................................... 200,000 

Harnett County Airport, NC ......................................... Runway and parallel taxiway extension; apron expansion/overlay; and localizer installation.700,000 

Havre City-County Airport, MT .................................... Terminal remodeling and expansion; various improvements.150,000 

Hawkins Field, MS ...................................................... Extend runway 1634 to 6,500 feet ............................ 750,000 

Hector International Airport, ND ................................. Reconstruct and shorten runway and various improvements.1,500,000 

Helena Regional, MT ................................................... Terminal remodeling and expansion ......................... 1,250,000 

Highmore Airport, SD .................................................. Construct new runway, apron and taxiway ............... 1,000,000 

Hilo International Airport, HI ...................................... Runway pavement rehabilitation ............................... 1,000,000 

Horry County Airport, SC ............................................. Airport study .............................................................. 500,000 

Huntsville International—Jones Field, AL .................. Taxiway extension and land acquisition ................... 2,000,000 

Ithaca Tompkins Airport, NY ...................................... Relocation of parallel taxiway ................................... 500,000 

Jackson International Airport, MS .............................. Apron replacement and related taxiway .................... 1,750,000 

Jamestown Municipal Airport, ND .............................. Milling off the current surface and resurfacing airline runway 13/31 and various improvements.4,500,000 

JFK Memorial Airport, WI ............................................ Security fencing ......................................................... 500,000 

Jimmy Stewart Airport, PA .......................................... Runway extension ...................................................... 900,000 

1384 

Airport Project description Amount 

Joplin Regional Airport, MO ........................................ Terminal Replacement ............................................... 1,500,000 

Juneau Airport, AK ...................................................... Terminal enhancements ............................................. 1,200,000 

Kahului Airport, HI ...................................................... Taxiway pavement rehabilitation ............................... 1,000,000 

Kansas City International Airport, MO ....................... Various improvements ............................................... 3,000,000 

Kansas State University Airport, KS ........................... Apron and hangar door repair ................................... 1,000,000 

Kenai Airport, AK ........................................................ Various improvements ............................................... 1,000,000 

Kenosha Regional Airport, WI ..................................... Various improvements ............................................... 1,000,000 

L.O. Simenstad Municipal Airport, WI ........................ Reconstruct and extend primary runway to 5000 

feet, construct parallel taxiway, install high intensity runway lighting.

2,000,000 

La Crosse Municipal Airport, WI ................................. Construct Parallel Taxiway ........................................ 1,500,000 

Levelland Municipal Airport, TX ................................. Renovation project phase I ........................................ 68,000 

Littlefield Municipal Airport, TX ................................. Renovation project phase I ........................................ 68,000 

Logan Cache Airport, UT ............................................ Master plan ................................................................ 100,000 

Lumberton Municipal Airport, NC ............................... Rehabilitate the primary runway ............................... 1,000,000 

Madras/Jefferson County Airport, OR ......................... Construction of flight services building .................... 300,000

Manistee County Blacker Airport, MI .......................... Terminal project ......................................................... 1,000,000 

Marshall Municipal Airport, MN ................................. Extension of runways ................................................. 1,000,000 

Mason City Airport, IA ................................................ Rehabilitation of runways; land acquisition for RSA 2,500,000 

Medford Airport, OR .................................................... Terminal construction ................................................ 1,200,000 

Merrill Airport, WI ....................................................... Install jet A fuel facility; install fence. ..................... 1,000,000 

Mid-Way Regional Airport, TX ..................................... Extension of runway 18–356 ..................................... 700,000 

Missoula International Airport, MT ............................. Land acquisition ........................................................ 3,925,000 

Montgomery County Airport, NC ................................. Lighting upgrades ...................................................... 150,000 

Montgomery Regional (Dannelly Field), AL ................. Terminal Renovation—Phase III ................................ 2,000,000

Moriarty Airport, NM ................................................... Construction of new crosswind runway—phase I .... 200,000 

Moton Field Municipal, AL .......................................... Land acquisition, runway and taxiway extension, 

apron expansion, and other improvements.

1,000,000 

Nacogdoches—A.L. Mangham, Jr. Regional Airport, 

TX.

Runway expansion phase II ....................................... 2,000,000 

Nashville International Airport, TN ............................. Expansion of the airport rescue and fire fighting 

facility.

750,000 

New Castle County Airport, DE ................................... Taxiway improvements ............................................... 1,750,000 

New Castle-Henry County Airport, IN ......................... Land acquisition and runway expansion ................... 1,000,000 

Newport News/Williamsburg International, VA ........... Phase II airline ramp expansion ............................... 1,000,000 

Norman Airport, OK ..................................................... Reconstruct main hanger and apron areas .............. 1,000,000 

Nut Tree Airport, CA ................................................... Improve airport access and parking aprons; seal 

hanger taxi landings.

1,000,000 

Oakland County International, MI .............................. Relocation of t-hangers ............................................. 2,000,000 

Orlando International, FL ............................................ Elimination of wildlife attractants ............................ 1,000,000 

Owensboro—Daviess County Regional Airport, KY .... Runway extension ...................................................... 1,000,000 

Paulding County Airport, GA ....................................... Land acquisition, design engineering; airfield improvements.1,000,000 

Pellston Regional Airport, MI ...................................... Perimeter access road and new entrances, expansion of auto parking lots, de-icing facility, and 

new entryway signage.

500,000 

Person County Airport, NC .......................................... Construct runway extension, widen the existing runway safety area, strengthen existing pavement, 

and complete the parallel taxiway.

1,250,000 

Philadelphia International Airport, PA ........................ Environmental impact statements ............................ 2,000,000 

Phoenix Sky Harbor International, AZ ......................... Taxiway reconstruction ............................................... 3,500,000 

Put-in-Bay Airport, OH ................................................ Various improvements ............................................... 1,000,000 

R. L. Jones Airport, OK ............................................... Improve airport drainage ........................................... 236,843 

Reno/Tahoe International Airport, NV ......................... Apron reconstruction .................................................. 1,000,000 

Rice Lake Regional Airport (Carl’s Field), WI ............ Various improvements ............................................... 2,000,000 

Rochester Airport, NY ................................................. Extension of runway 10/28 ........................................ 1,250,000 

Sacramento International Airport, CA ........................ Various improvements ............................................... 1,500,000 

Salina Municipal, KS .................................................. Apron and Hangar Repair .......................................... 1,000,000 

San Bernardino International, CA .............................. Runway improvements ............................................... 4,000,000 

San Francisco International Airport, CA ..................... Perimeter security fence combined with electronic 

detection.

1,000,000 

Santa Teresa (Dona Ana) Airport, NM ........................ Runway improvement—phase I ................................ 1,000,000 

Soldotna Airport, AK ................................................... Runway safety area, drainage improvements, tundra tire/ski runway, signing and visual guidance 

system.

1,300,000 

Somerset Airport, KY ................................................... Relocation of Kit Cowan Road ................................... 2,500,000 

1385 

Airport Project description Amount 

Southwest Georgia Regional Airport, GA .................... Runway extension ...................................................... 1,000,000 

Spearfish Airport, SD .................................................. Construct new airport runway ................................... 1,000,000 

Spokane International Airport, WA ............................. Taxiway ’C’ extension ................................................. 5,000,000 

Springfield-Beckley Municipal Airport, OH ................. Purchase land for instrument landing system and 

development.

1,700,000 

St. Petersburg/Clearwater International, FL ............... Runway extension ...................................................... 6,000,000 

Ted Stevens International Airport, AK ........................ Laser lines of tug roads and Lake Hood Seaplane 

base.

1,400,000 

Trent Lott International Airport, MS ........................... Runway expansion ..................................................... 1,000,000 

Tulsa International, OK ............................................... Taxi lanes; taxiway rehabilitation; drainage improvements.1,500,000 

Tupelo Airport, MS ...................................................... Upgrade terminal ....................................................... 1,000,000 

Unalaska Airport, AK .................................................. Air terminal expansion ............................................... 1,000,000 

Upper Cumberland Regional Airport, TN .................... Extend runway and construct taxiway extension ...... 2,500,000 

Virginia Highlands Airport, VA ................................... Environmental assessment, relocation of State 

Route 611, and design of a runway extension.

1,250,000 

W.K. Kellogg Airport, MI .............................................. Various improvements ............................................... 3,000,000 

Warren County Airport, NY .......................................... Various improvements ............................................... 500,000 

Waukesha County Airport (Crites Field), WI ............... Various improvements ............................................... 3,000,000 

West Virginia Statewide ............................................. Various improvements ............................................... 8,000,000 

Westfield-Barnes Airport, MA ..................................... Navigation aids to add an array of eight new antennas.100,000 

Williamsburg/Whitley County Airport, KY .................... Various improvements ............................................... 650,000 

Willmar Airport, MN .................................................... Various improvements ............................................... 1,000,000 

GRANTS-IN-AID FOR AIRPORTS

(AIRPORT AND AIRWAY TRUST FUND)

(RESCISSION OF CONTRACT AUTHORIZATION)

The conference agreement includes a rescission of contract authority of $265,000,000 as proposed by the Senate. No similar rescission was proposed by the House. 

GENERAL PROVISIONS—FEDERAL AVIATION ADMINISTRATION

Sec. 101 retains authorization for airports to transfer instrument landing systems and other equipment purchased with federal 

airport grants to the FAA, subject to certain conditions, as proposed by the House and Senate. 

Sec. 102 allows 375 technical staff-years at the Center for Advanced Aviation Systems Development as proposed by the House, 

instead of 350 as proposed by the Senate. 

Sec. 103 retains a provision proposed by the House prohibiting 

funds for engineering work related to an additional runway at 

Louis Armstrong New Orleans International Airport in Louisiana. 

The Senate bill contained no similar provision. 

Sec. 104 retains a provision prohibiting FAA from requiring 

airports to provide ‘‘without cost’’ building construction or space, as 

proposed by the House and Senate. 

Sec. 105 retains a provision proposed by the House prohibiting 

funds to change weight restrictions or prior permission rules at 

Teterboro Airport in New Jersey. The Senate bill contained no 

similar provision. 

Sec. 106 modifies provisions proposed by the House and Senate 

concerning the continuation and mandatory expansion of the war 

risk insurance program. The modification deletes expansion of the 

program to aircraft manufacturers and associated entities. As proVerDate Aug 04 2004 07:33 Dec 01, 2004 Jkt 096906 PO 00000 Frm 01389 Fmt 6601 Sfmt 6601 E:\HR\OC\HR792.XXX HR792
1386 

posed by the House and Senate, the conference agreement extends 

the existing terms and conditions of the program for one year, until 

December 31, 2005. The conferees note that, under the provisions 

of section 106 of Public Law 108–176, the Secretary continues to 

have the authority to extend war risk insurance to aircraft manufacturers at his discretion. 

Sec. 107 includes a provision making eligible for the FAA’s Airport Improvement Program a project meeting certain specified requirements. 

The conference agreement deletes a provision proposed by the 

Senate authorizing the FAA Administrator to accept funds from an 

airport sponsor, subject to certain conditions, for environmental reviews related to a project to add critical airport capacity. A similar 

provision was enacted on December 12, 2003 in Public Law 108– 

176. 

FEDERAL HIGHWAY ADMINISTRATION

LIMITATION ON ADMINISTRATIVE EXPENSES

The conference agreement limits administrative expenses of 

the Federal Highway Administration (FHWA) to $346,500,000 instead of $346,000,000 as proposed by the House and $349,594,000 

as proposed by the Senate. This amount assumes funding for six 

full time equivalents to help oversee FHWA major projects. 

The conferees recommend the following adjustments to the 

budget request by program and activity: 

Employee multidisciplinary development program ............................. ¥$1,600,000 

Undistributed reduction ........................................................................ ¥1,494,000 

The conferees note a report on this program due by March 15, 

2004 has yet to be received by the House and Senate Committees 

on Appropriations, and therefore reduce funding for the employee 

multidisciplinary development program to $2,506,000. The conferees include an undistributed reduction of $1,494,000 and direct 

FHWA to report back to the House and Senate Committees on Appropriations on the planned amounts for these activities and funding sources with the 2005 operations plan, and actual amounts and 

funding sources in future budget justifications. A table should include information on each LAE subline item, including the budget 

request, reductions (if any), and a total. Examples of subline items 

are ‘‘awards’’, ‘‘Oracle licensing’’, ‘‘electronic government’’, or ‘‘IT 

cost to meet new IT architecture standards’’. 

FEDERAL-AID HIGHWAYS

(LIMITATION ON OBLIGATIONS)

(HIGHWAY TRUST FUND)

The conference agreement limits obligations for the federal-aid 

highways program to $34,700,000,000 instead of $34,641,000,000 

as proposed by the House and $34,900,000,000 as proposed by the 

Senate. 

Project clarifications—The conference agreement deletes language associated with changes or corrections to projects in the 

1387 

statement of managers associated with both the fiscal year 2004 

and 2003 bills, as proposed by the Senate. 

Public lands.—The conference agreement modifies language 

proposed by the Senate directing that funds allocated to FHWA’s 

public lands discretionary program be derived from that program 

and not from funds allocated to the National Park Service, and 

that these funds not come from funds allocated to the Fish and 

Wildlife Service’s regions. 

Major projects updates.—The conferees require FHWA to provide the House and Senate Committees on appropriations quarterly 

updates on major projects it is tracking. 

Tranportation Enhancements—The conferees are aware that 

the Surface Transportation Extension Acts continue TEA–21’s requirement that 10 percent of the Surface Transportation Program 

(STP) funds apportioned to a State be set-aside specifically for 

transportation enhancement (TE) activities, which fund community-based transportation infrastructure projects. The Conferees direct that of the fiscal year 2005 TE funds distributed to the State 

of Oklahoma, the Federal Highway Administration shall ensure 

that a total of $2,500,000 is provided to the visitor welcome centers 

at Blackwell and at Erick, Oklahoma; and that $750,000 is provided to the recreational trails project in Edmond, Oklahoma. 

District of Columbia partnership.—The conferees recognize the 

success of the ‘‘DC Streets’’ partnership, a project to preserve and 

maintain the majority of the 75 mile NHS system in the District 

of Columbia. The conferees note the favorable evaluation of asset 

condition when measured against performance measures, and believe that the project could serve as a national model for performance based contracting. 

LIMITATION ON TRANSPORTATION RESEARCH

The conferees provide a general limitation on transportation 

research of $462,500,000, as proposed by the Senate, instead of 

$478,000,000 as proposed by the House. 

SURFACE TRANSPORTATION RESEARCH

Within the funds provided for surface transportation research, 

the conference agreement modifies House and Senate language and 

includes $103,000,000 for highway research and development for 

the following activities: 

Environmental, planning, real estate .................................................. $16,850,000 

Research and technology program support ......................................... 8,000,000 

International research ........................................................................... 400,000 

Structures ............................................................................................... 14,000,000 

Safety ...................................................................................................... 11,500,000 

Operations .............................................................................................. 13,000,000 

Asset management ................................................................................ 2,750,000 

Pavements research ............................................................................... 16,000,000 

Long term pavement project (LTPP) .................................................... 10,000,000 

Advanced research ................................................................................. 750,000 

Policy research ....................................................................................... 9,000,000 

R&T strategic planning and performance measures .......................... 750,000 

Total ............................................................................................. 103,000,000 

The conference agreement replaces language allocating research funding proposed by the Senate with the following language: 

1388 

Environmental, planning, and real estate.—The conference 

agreement provides $16,850,000 for environmental, planning, and 

real estate research. Within the funds provided for this research 

activity, the FHWA is directed to provide $1,000,000 to continue 

dust and persistent particulate abatement research in Emmonak, 

Alaska, $500,000 for Central California Ozone Study, and $250,000 

for the Sacramento Blueprint, California. 

Research and technology.—The conference agreement provides 

$8,000,000 for research and technology program support. Within 

the funds provided for this activity, the FHWA is directed to provide $250,000 to the Transportation Research Center at Georgia 

Tech University; $700,000 to the Center for Intermodal Freight 

Mobility and Security in Maryland; $750,000 for the Center on 

Coastal Transportation Research at the University of South Alabama, $475,000 for NEPA training at Pellissippi State Community 

College in Tennessee, $650,000 for the University of Vermont for 

research related to dynamic transportation modeling and advanced 

ground penetrating radar systems, and $1,500,000 for the Oklahoma Transportation Center. 

International research.—‘‘The conferees provide $400,000 for 

international research activities. Further, FHWA is directed by the 

conferees to consult the House and Senate Appropriations Committees before any international agreements are consummated that 

are likely to require financial support as proposed by the House. 

Structures.—The conference agreement provides $14,000,000 

for structures research. Within the funds provided for structures 

research, the conferees direct FHWA to provide $125,000 to support nondestructive structural evaluation technology at New Mexico State University’s Bridge Research Center, $200,000 for West 

Virginia University Constructed Facilities Center for fire and blast 

resistant composite barriers research, and $150,000 for the University of Delaware’s innovative bridge research program, $350,000 to 

the University of Maine to study the use of wood composite material to extend the life of ports, and $1,000,000 for the National 

Steel Bridge Alliance. The conferees strongly encourage FHWA to 

continue its research and deployment of lithium technologies to 

prevent and mitigate ASR since advances in these lithium technologies have the potential to help increase the durability of our 

transportation infrastructure. 

Safety.—The conference agreement provides $11,500,000 for 

safety research. 

Operations and asset management.—-The conference agreement provides $13,000,000 for operations and $2,750,000 for asset 

management. Within the funds provided for these activities, the 

conferees direct FHWA to provide $700,000 for Wisconsin’s critical 

vulnerability assessment and countermeasure plan; $300,000 for 

the Wisconsin STRAHNET detour route planning; $1,500,000 for 

the Puget Sound In-Vehicle Traffic Map Demonstration initiative 

in Washington State; and $500,000 for the Pacific Northwest 

freight mobility research program at Washington State University, 

the University of Washington, and North Dakota State University. 

The conference agreement does not provide funds for statistical 

analysis of the National Quality Initiative under any FHWA reVerDate Aug 04 2004 07:33 Dec 01, 2004 Jkt 096906 PO 00000 Frm 01392 Fmt 6601 Sfmt 6601 E:\HR\OC\HR792.XXX HR792
1389 

search program, as proposed by the House. Such analysis shall be 

performed by the Bureau of Transportation Statistics. 

Pavements.—The conference agreement provides $16,000,000 

for pavements research. Within the funds provided for this activity, 

the conferees direct FHWA to provide $250,000 to Tennessee Tech 

University rapid set pavement research and development; $500,000 

for low cost carbon fiber production technology, University of Tennessee Space Institute; $550,000 for the Center for Portland Cement Concrete Pavement Technology at Iowa State University; 

$1,250,000 to the National Center for Asphalt Technology, Auburn, 

Alabama; $450,000 for the Mack-Blackwell Paving Materials 

Study, Arkansas; $300,000 for the concrete research at Oklahoma 

State University; and $500,000 for aggregates research at the 

International Center for Aggregates Research, Texas. 

Policy.—The conference agreement provides $9,000,000 for policy research. Within the funds provided for this activity, FHWA is 

directed to provide $300,000 to the Boston University infrastructure investment research initiative. 

INTELLIGENT TRANSPORTATION SYSTEMS

The conference agreement modifies language proposed in the 

House and Senate and provides a limitation on Intelligent Transportation Systems of $232,000,000. Funds are available for the following activities: 

Research and development ................................................................... $52,000,000 

Operational tests ................................................................................... 10,000,000 

Evaluations ............................................................................................ 7,000,000 

Architecture and standards .................................................................. 18,000,000 

Integrations ............................................................................................ 11,500,000 

Program support .................................................................................... 11,500,000 

Subtotal ........................................................................................ 110,000,000 

ITS Deployment incentive program ..................................................... 122,000,000 

Total ............................................................................................. 232,000,000 

Joint Program Office.—The conferees retain House language 

regarding the structure of the ITS Joint Program and directing the 

Secretary to justify any changes to the administrative structure. 

Intelligent transportation systems deployment projects.—Within 

the funds available for intelligent transportation systems deployment, the conference agreement provides that not less than the following sums shall be available for intelligent transportation 

projects in these specified areas: 

Project Name Amount 

Alameda Corridor—East Project, San Gabriel Valley, 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, Massachussets ............ 1,000,000 

1390 

Project Name Amount 

City of Elk Grove ITS Project, California ............................................ 1,500,000 

City of Fort Worth Intelligent Transportation Systems, Texas ......... 1,800,000 

City of San Antonio Municipal ITS Technologies, Texas ................... 1,300,000 

Clark County ITS, Washington ............................................................ 2,000,000 

Commercial Vehicle Information Systems Network, Illinois ............. 500,000 

COTA ITS Integration Project Phases II and III, Ohio ...................... 800,000 

DeKalb Co. Signal System Improvements, Georgia ............................ 500,000 

Downtown Signalization Project, Mechanicsburg, Pennsylvania ...... 750,000 

FAST-TRAC Signal Expansion, Michigan ........................................... 1,000,000 

Florida State University System Center for Intermodal Transportation Safety ....................................................................................... 3,000,000 

Freeway Incident Management Program, Houston, Texas ................ 3,250,000 

Ft. Lauderdale Intelligent Trans System Improvement, Florida ...... 1,000,000 

GEARS Demonstration Project, Cumberland County, Pennsylvania 150,000 

Germantown ITS, Tennessee ................................................................ 500,000 

GMU ITS Appropriations, Virginia ...................................................... 2,000,000 

Highway Speed E-ZPass, Outerbridge Crossing, New York .............. 350,000 

Hillsborough Area Regional Transit Authority: Bus Tracking, Communication and Security, Florida ..................................................... 750,000 

I–70 Incident Management Plan, Colorado ......................................... 1,250,000 

I–91 Fiber and ITS Construction, Massachussets .............................. 2,500,000 

Intelligent Transportation at George Washington University, Virginia ..................................................................................................... 1,000,000 

Intelligent Transportation System feasibility study and implementation plan, Edmond, OK .................................................................. 100,000 

Intelligent Transportation System, Jackson, Tennessee .................... 385,000 

Intelligent Transportation System, Wichita, Kansas ......................... 1,250,000 

Intelligent Transportation Systems—Nebraska .................................. 450,000 

Intelligent Transportation Systems, City of Jackson, 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, MI ........................... 2,000,000 

Iowa ITS ................................................................................................. 2,000,000 

ITS—Commercial Vehicle Safety and Integration Statewide, Utah 500,000 

ITS—Northwest Arkansas Regional Architecture, Arkansas ............ 250,000 

ITS—Rural Recreation & Tourism, Statewide, Utah ......................... 750,000 

ITS—Springfield, Illinois ...................................................................... 650,000 

ITS Deployment Project, Inglewood, California .................................. 400,000 

ITS Statewide, Maryland ...................................................................... 1,000,000 

Jacksonville Transportation Authority: Intelligent Transportation 

Systems Regional Planning, Florida ................................................. 750,000 

JAXPORT Intermodal Cargo Tracking Project, Florida ..................... 900,000 

Kansas City SmartPort, Missouri ........................................................ 750,000 

King County, County-Wide Signal Program, Washington ................. 2,000,000 

Lake County Passage, Lake County, Illinois ....................................... 1,250,000 

Laredo ITS Multi-Agency Integration and Incidence Project, Texas 500,000 

Los Angeles Union Station Communication System .......................... 1,000,000 

Lynnwood Traffic Management Center of Multi-Jurisdictional ITS, 

Washington ......................................................................................... 1,000,000 

MARTA Automated Fare Collection/Smart Card System, Georgia ... 500,000 

Missouri Statewide Rural ITS .............................................................. 2,500,000 

Montgomery County Integrated ITS Program, Maryland .................. 750,000 

Montgomery Intelligent Transportation System Acquisition and 

Implementation, Alabama ................................................................. 1,000,000 

Nepperhan Traffic Improvements, City of Yonkers, New York ......... 300,000 

Northwest Arkansas Regional Planning Commission—ITS Regional 

Architecture ........................................................................................ 300,000 

Park Avenue Corridor Improvements, New Jersey ............................ 1,000,000 

Park Avenue Corridor Improvements, Union County, NJ ................. 765,000 

Pennsylvania Turnpike ITS Initiative, Pennsylvania ........................ 2,000,000 

PSU’s Center for Transportation Studies ITS Initiatitive, 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, Massachussets .................................................................... 1,000,000 

Regional ITS Springfield, Missouri ...................................................... 2,000,000 

Reston Traffic Signal Prioritization, Virginia ..................................... 750,000 

1391 

Project Name Amount 

Route 28 traffic light synchronization ................................................. 500,000 

Route 50 signalization improvement, Virginia .................................... 1,000,000 

Route 7 signalization improvements, Virginia .................................... 500,000 

Rural Highway Information System, Kentucky .................................. 2,000,000 

San Diego Joint Transportation Operations Center, California ........ 750,000 

SCDOT InRoads, South Carolina ......................................................... 2,500,000 

Signal Preemption Upgrades, Culver City, California ....................... 110,000 

South Boulevard Signal System, North Carolina ............................... 470,000 

Springfield Regional Intelligent Transportation System, 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 Intitiative, Michigan ............................ 500,000 

Twin Cities, Minnesota Redundant Communications Pilot ............... 750,000 

University of Alaska Arctic Transportation Engineering Research 

Center, Alaska .................................................................................... 1,500,000 

University of Kentucky Transportation Center .................................. 1,500,000 

US 2 Lohman Rail Crossing Advance Warning, Montana ................. 1,000,000 

US 280 Corridor ITS, Alabama ............................................................ 800,000 

US 280, Jefferson County, ITS, Alabama ............................................ 4,000,000 

US 98 Widening from Bayshore Road to Portside Road, Florida ...... 500,000 

Variable Message Signs and 511 Implementation, Idaho .................. 2,250,000 

Ventura County Intelligent Transportation Systems, California ...... 750,000 

Vermont Roadway Weather Information System ............................... 1,000,000 

Village of Tarrytown, New York ........................................................... 320,000 

West Baton Rouge Emergency Communications Center, Louisiana 1,500,000 

Wisconsin State Patrol Mobile Data Communications Network— 

Phase III ............................................................................................. 3,400,000 

FERRY BOATS AND FERRY TERMINAL FACILITIES

Within the funds available for ferry boats and ferry terminal 

facilities, funds are to be available for the following projects and activities: 

Project Amount 

Beale Street Landing/Docking Facility, Memphis, Tennessee ........... $500,000 

Beale Street Landing/Docking Facility, Tennessee ............................. 1,350,000 

Bridgeport High Speed Ferry Terminal, Connecticut ......................... 550,000 

Bridgeport High-Speed Ferry Terminal Project, Connecticut ............ 350,000 

City dock repairs, Bayfield, Wisconsin ................................................ 500,000 

Claggett Hill, Lewis and Clark Ferry Boat Facilities on Missouri 

River, Montana ................................................................................... 1,000,000 

Claggett Road/Lewis and Clark Ferry Boat Facilities, Montana ....... 500,000 

Commuter Ferry to Boston, Winthrop, Massachussets ...................... 300,000 

Ferry Boat for San Francisco Water Transit Authority, California 1,000,000 

Ferry for Jamestown 2007 Festivities, Virginia .................................. 250,000 

Greenup-Boyd Riverport Authority in Greenup County, Kentucky .. 850,000 

Jamaica Bay Transportation Hub, New York ..................................... 300,000 

Kitsap Transit Ferry Boat Buy, Washington ...................................... 1,750,000 

Mammoth Cave/Edmonson County Green River Ferry, Kentucky .... 250,000 

Mid-Chesapeake Bay Ferry, Virginia ................................................... 250,000 

National Park Service Sandy Hook, New Jersey ................................ 400,000 

Newport Harbor Water Shuttle, Rhode Island ................................... 600,000 

Oklahoma City Water Taxi ................................................................... 1,000,000 

Penobscot River Passenger Ferry Docking Facility, Maine ............... 750,000 

Putnam County, FL Ferry Boat & Terminal Facilities, Florida ........ 500,000 

Savannah Water Taxi, Georgia ............................................................ 500,000 

1392 

Project Amount 

St. Johns River Ferry Terminal, Florida ............................................. 700,000 

Stamford High Speed Ferry, Connecticut ............................................ 500,000 

Staten Island Ferryboat Replacement—New York, New York .......... 1,000,000 

Washington State Ferries, Smart Video Surveillance for Ferry Security ................................................................................................... 750,000 

Water taxi docks, New York ................................................................. 600,000 

Water Taxi Study, Barnett Reservoir, Mississippi ............................. 1,000,000 

NATIONAL CORRIDOR PLANNING AND BORDER DEVELOPMENT

PROGRAM

Within the funds available for the national corridor planning 

and border development program, funds are to be available for the 

following projects and activities: 

Project Amount 

Albany Bypass, Clinton County, Kentucky ......................................... $1,000,000 

Berkley Road Polk County, Florida ...................................................... 2,000,000 

Bishopville Bypass Construction, South Carolina .............................. 1,500,000 

Broad & Washington Street Reconstruction, Connecticut ................. 2,000,000 

Carrollton/US90–US61 Rehabilitation Project, Louisiana ................. 1,000,000 

Construction of Juneau Access road, Alaska ....................................... 2,000,000 

Construction of road from Kotzebue, Alaska to Cape Blossom, Alaska ......................................................................................................... 2,000,000 

Construction of road, Shot Gun Cove, Alaska ..................................... 2,000,000 

County State Aid Highway 21 Project, Minnesota ............................. 1,000,000 

Craig roads, Alaska ............................................................................... 1,000,000 

Cross Valley Connector, California ...................................................... 5,000,000 

East Hiram Parkway, Paulding County, Georgia ............................... 1,000,000 

Emmonak street lighting, Alaska ......................................................... 1,000,000 

Englewood Interstate Connector EIC, Sarasota, Florida ................... 1,000,000 

FAST Corridor Program, Washington .................................................. 2,500,000 

Haleyville Bypass, Winston County, Alabama .................................... 6,500,000 

Highway 65 Hollister Interchange Missouri ....................................... 1,000,000 

Horse Stamp Road/I–95 Interchange, Georgia .................................... 3,000,000 

I–4/Crosstown Connection in Hillsborough County, Florida .............. 1,000,000 

I–235/US54 and I–235/Central Ave, Wichita, Kansas ........................ 1,500,000 

I–49 North, Louisiana ........................................................................... 2,250,000 

I–49 South, Louisiana ........................................................................... 2,250,000 

I–494/US 169 Interchange, Minnesota ................................................. 1,500,000 

I–635, Texas ........................................................................................... 2,450,000 

I–69 Access Project, Hamilton County, IN .......................................... 1,000,000 

I–69/SR 304 Paving, Mississippi .......................................................... 1,000,000 

I–69 Connector (I–530 Ext.): Pine Bluff-Hwy. 278, Arkansas ........... 2,000,000 

I–74 from Maxton Bypass to Lumberton, North Carolina ................. 1,000,000 

Improvements to Anaheim Street, from 710 Freeway, California ..... 500,000 

Improvements to CR 833 in Hendry County, Florida ......................... 1,000,000 

Interchange at K–7 & 55th St./Johnson Dr, Shawnee, Kansas ......... 2,000,000 

Interstate 280 Interchange Improvements, New Jersey .................... 1,500,000 

Interstate 5 Riverfront Reconnector, California .................................. 1,000,000 

Interstate 69, Tennessee ....................................................................... 1,500,000 

Jennie Barker Rd./Mary St./K–156 Intersection, Finney County, 

Kansas ................................................................................................. 500,000 

Kalispell Bypass, Montana ................................................................... 3,000,000 

Kodiak Island roads, Alaska ................................................................. 1,300,000 

KY 911/115 Widening, Kentucky .......................................................... 1,000,000 

Lincoln Parish I–20 Corridor, Louisiana ............................................. 1,000,000 

Loop 49 from SH 155 to SH 31, Texas ................................................. 3,000,000 

Manchester Road in Akron, Ohio ......................................................... 1,000,000 

Mesa del Sol/I–25 Interchange, New Mexico ....................................... 1,000,000 

Mon-Fayette Expressway Project/Uniontown to Browns, Pennsylvania .................................................................................................... 2,000,000 

Navajo Route N7048 Bridge Construction, New Mexico .................... 250,000 

Nikiski emergency escape road, Alaska ............................................... 500,000 

Northwest Butler Transportation Improvement District, Ohio ......... 4,000,000 

Old Highway 471, Rankin County, Mississippi .................................. 1,000,000 

1393 

Project Amount 

Outer Loop/I–85 Connector, Montgomery, Alabama .......................... 2,000,000 

Parkway West Missing Ramps and Widening Project, Pennsylvania 1,000,000 

Port of Albany Operational Improvements, New York ....................... 1,000,000 

Ports of Savage/TH 13 Improvements, Minnesota .............................. 1,000,000 

President George Bush Tollway Eastern Extension, Texas ............... 2,000,000 

Pt. Hope evacuation road, Alaska ........................................................ 2,000,000 

Reconstruction of Ashburton Avenue, Saw Mill River ....................... 1,200,000 

Reyes Adobe Road Interchange Project, California ............................ 1,500,000 

Rickenbacker Intermodal Facility, Ohio .............................................. 1,500,000 

Route 247, Nelson County, Kentucky .................................................. 600,000 

Route 412 Improvement Project, Bethlehem, Pennsylvania .............. 3,000,000 

Route 79 Improvements, Fall River, Massachusetts .......................... 1,000,000 

SR 0171, Drinkers Creek Bridge, Susquehanna County, Pennsylvania .................................................................................................... 1,000,000 

Santa Fe Corridor, Colorado ................................................................. 1,000,000 

SR 519 Intermodal Access, Washington .............................................. 1,000,000 

Street Improvements, Lawndale, California ....................................... 500,000 

US 82 Bypass at Greenville, Mississippi ............................................. 1,500,000 

US 101 Off-ramp Extension at Van Nuys Boulevard, California ...... 1,000,000 

US 319 Improvements, Florida ............................................................. 1,000,000 

US 321 Corridor, North Carolina ......................................................... 1,000,000 

US 60 bridge replacement, Virginia ..................................................... 2,600,000 

US Highway 56 Improvements, Kansas .............................................. 4,000,000 

US Route 2/Danville, Vermont Improvements .................................... 2,000,000 

Upgrade of NH Rte. 110 Berlin, New Hampshire .............................. 800,000 

US 395—North Spokane Corridor, Washington .................................. 1,000,000 

US 401 in Harnett, Cumberland & Wake Counties, North Carolina 800,000 

US 62—Franklin County/Frank Road, Ohio ....................................... 1,000,000 

US 83 from .5 mi e of FM1425 to Hidalgo/Cameron, Texas .............. 1,000,000 

US Highway 62/180 Four-Lane Reconstruction, New Mexico ........... 5,000,000 

US–95, MP 536 to Canadian Border, Idaho ........................................ 1,500,000 

UW-Bothell/Cascadia South Access Project, Washington .................. 1,000,000 

Wadsworth/U.S. 36 Interchange in Broomfield, Colorado .................. 1,250,000 

Wasilla substandard road improvements, Alaska ............................... 1,000,000 

West Virginia Route 9—Berkeley and Jefferson Counties ................. 10,000,000 

White County/Monticello 6th Street West Shafer Drive Project, Indiana .................................................................................................... 250,000 

Yakima Grade Separations, Washington ............................................. 1,500,000 

TRANSPORTATION AND COMMUNITY AND SYSTEM PRESERVATION

PROGRAM

Within the funds made available for the transportation and 

community and system preservation program, funds are to be distributed to the following projects and activities: 

Project Amount 

Aberdeen, South Dakota Pedestrian/Bicycle Trail .............................. $200,000 

AltaVista Business Park Entrance, Pennsylvania .............................. 2,500,000 

American Village Citizenship Trust—Transportation Access and 

Improvement, Alabama ..................................................................... 1,000,000 

Antelope Valley Transportation Improvements, Nebraska ................ 1,000,000 

Blount County Transportation Growth and Planning Study, Tennessee .................................................................................................. 500,000 

Clayton Core Area Revitalization and Enhancement Program, Alabama .................................................................................................... 250,000 

Concord 20/20, New Hampshire ........................................................... 450,000 

Coosa River Boardwalk, Gadsden, Alabama ....................................... 800,000 

Culpeper Regional Airport Road Project, Virginia .............................. 1,100,000 

Fairgrounds Road in Alamagordo, New Mexico .................................. 400,000 

Farmington Canal Greenway, New Haven, Connecticut ................... 750,000 

Hammonton Pedestrian Downtown Improvements, New Jersey ....... 200,000 

Hattiesburg Rail-Roadway Intersection Congestion Study, Mississippi ................................................................................................ 300,000 

Henry M. Jackson Pedestrian and Bicycle Bridge and Snohomish 

River Shoreline Trail Project, Everett, Washington ....................... 500,000 

1394 

Project Amount 

INAAP Re-Use Authority Project, Indiana .......................................... 1,000,000 

Lakeview Park Trail, Mexico, Missouri ............................................... 375,000 

Luverne, AL Downtown Revitalization, Alabama ............................... 500,000 

Miami Performing Arts Center: Pedestrian Plaza and Traffic 

Calming, Florida ................................................................................ 250,000 

Midwest City Hudiburg Drive Improvements, Oklahoma ................. 875,000 

Mingo Trail Construction, Oklahoma .................................................. 200,000 

New Cassel Revitalization Project, NY ................................................ 1,000,000 

NH Rte. 103 Bridge, Warner, New Hampshire ................................... 200,000 

Norman, Oklahoma Railroad Grade Separations, Oklahoma ............ 1,000,000 

Oglala, South Dakota Pedestrian/Bicycle Trail ................................... 225,000 

Orange Beach Pedestrian Safety and Lighting Enhancements, Alabama .................................................................................................... 250,000 

Ottawa, KS Master Transportation Plan, Kansas .............................. 200,000 

Paulding Business and Technology Park, Georgia ............................. 1,000,000 

Paulding County Business and Technology Park Roadway Improvement, Georgia ..................................................................................... 1,000,000 

Pedestrian bridge, Shandon, California ............................................... 250,000 

Pedestrian safety improvements, San Miguel, California .................. 250,000 

Philadelphia Port—Access Enhancement Plan, Pennsylvania .......... 500,000 

Portsmouth Town Center, Rhode Island .............................................. 225,000 

Resurfacing Diaz Avenue in Hurley, New Mexico .............................. 100,000 

Sidewalk & Lighting Improvements, Bevill State CC, Alabama ....... 400,000 

Southern Corridor/Atkinville Interchange, Utah ................................ 2,500,000 

State Route 52 East from SR125 to SR67, California ........................ 1,000,000 

US–2 Development Plan, Washington ................................................. 500,000 

Wheeler NWR—Wildlife Drive, Alabama ............................................ 250,000 

Windsor, VT Industrial Access Road, Vermont ................................... 1,000,000 

BRIDGE DISCRETIONARY PROGRAM

Within the funds available for the bridge discretionary program, including the bridge set-aside, funds are to be available for 

the following projects and activities: 

Project Amount 

Black Narrows and Chincoteague Bridge, Virginia ............................ $1,000,000 

Brent Spence Bridge Replacement, Kentucky ..................................... 3,000,000 

Brent Spence Bridge, Kentucky ........................................................... 1,000,000 

Bridge Number 658, Arizona ................................................................ 200,000 

Covered Bridge Program, Vermont ...................................................... 2,000,000 

Dover Bridge, Bonner County, Idaho ................................................... 1,500,000 

Eutaw, Alabama Bridge Reconstruction .............................................. 500,000 

Flat Road Bridge, Pennsylvania ........................................................... 500,000 

Flint River Bridge, Albany, Georgia .................................................... 1,000,000 

Gill Montague Bridge, Massachussets ................................................. 3,000,000 

Gilmerton Bridge, Chesapeake, Virginia ............................................. 250,000 

Golden Gate Bridge Seismic Retrofit, California ................................ 5,000,000 

Highway 35 Bridge Repair, near Little River Canyon, Alabama ...... 800,000 

Hoover Dam Bypass Bridge, Arizona ................................................... 10,000,000 

I–10 Bridge Widening at Ray Road, Arizona ...................................... 1,000,000 

I–40 Oklahoma City Cross Town Expressway .................................... 10,000,000 

I–75 bridge upgrades for capacity improvements, Florida ................. 1,500,000 

Indian River Inlet Bridge Replacement, Delaware ............................. 5,000,000 

Interstate 35–E at CSAH 14 in Lino Lakes, Minnesota .................... 250,000 

Interstate 74 Bridge, Bettendorf, Iowa ................................................ 1,100,000 

Joachim Avenue Bridge Replacement, Missouri ................................. 2,500,000 

Juneau bridge repair and upgrade, Alaska ......................................... 1,800,000 

LA 143–US 165 Connector/Ouachita River Bridge, Louisiana .......... 1,500,000 

Leeville Bridge, Lafourche Parish, Louisiana ..................................... 1,000,000 

Louisiana Department of Transportation ............................................ 1,000,000 

Lowell Street Bridge, Somerville, Massachussets ............................... 2,000,000 

Matthews Bridge Replacement, Florida .............................................. 1,500,000 

McBaine Bridge Replacement, Missouri .............................................. 850,000 

Meridian Bridge, Yankton, South Dakota ........................................... 4,000,000 

Missisquoi Bay Bridge, Vermont .......................................................... 1,500,000 

Naknek Bridge, Alaska ......................................................................... 3,000,000 

1395 

Project Amount 

National Covered Bridge Program ....................................................... 2,000,000 

NM467 Highway Overpass, New Mexico ............................................. 1,000,000 

North-South Wacker Drive Reconstruction, Chicago, Illinois ............ 5,000,000 

Ohio River Bridges, Kentucky .............................................................. 2,000,000 

Old Central Bridge in Pickens County, South Carolina ..................... 200,000 

Old Town-Milford Bridge, Maine .......................................................... 2,000,000 

Rancho Cucamonga I–15 Base Line Road Interchange, California ... 500,000 

Reconstruction of Multorpor Overpass at Highway 26, Oregon ........ 2,500,000 

Removal of old Jamestown Bridge, Rhode Island ............................... 3,000,000 

Replacement of Waldo-Hancock Bridge, Maine .................................. 1,000,000 

Route 17/Essex Street Bridge Replacement, Bergen County, New 

Jersey .................................................................................................. 2,000,000 

Scioto River Bridges Replacements, Columbus, Ohio ......................... 1,000,000 

Seventh Street Bridge Reconstruction—Port Huron, Michigan ........ 500,000 

SR–520 Bridge Replacement and HOV Project, Washington ............ 1,000,000 

SR–6, Bridge Replacement Project, Pacific County, Washington ...... 1,000,000 

Star Landing Railroad Underpass, Southaven, Mississippi ............... 2,000,000 

State Hwy. 32 (Claude Allouez Bridge, DePere), Wisconsin .............. 1,000,000 

Sutton Road Bridge, Pennsylvania ....................................................... 500,000 

Topeka Boulevard Bridge, Kansas ....................................................... 850,000 

US 220-Business Bridge Replacement, Virginia ................................. 400,000 

US 34 Missouri River Bridge, Mills County, Iowa .............................. 500,000 

Upgrade Route 141 from I–64 to Route 340, Missouri ....................... 800,000 

FEDERAL LANDS

Within the funds available for the federal lands program, 

funds are to be available for the following projects and activities: 

Project Name Amount 

14th Street Bridge Improvements, Virginia ........................................ $1,250,000 

Access Road Planning—Big Gem Park/Shenandoah, Virginia .......... 60,000 

Alaska Trail Initiative ........................................................................... 4,000,000 

Amherst County River Walk Trail, Virginia ....................................... 500,000 

Beale Air Force Base access road improvements, California ............. 1,000,000 

Bear River Access Road, Utah .............................................................. 2,000,000 

Cape Cod Seashore Eastham/Dennis Bike Trail Repair, 

Massachussetts ................................................................................... 1,200,000 

City of Palm Harbor Safety and Access Program ............................... 700,000 

City of Rocks Back Country Byway, Stage 3, Idaho ........................... 1,000,000 

City of Rocks Back Country Byway, Stage 3, Idaho ........................... 3,000,000 

City of Treasure Island Harbor Safety and Access Program ............. 450,000 

Doyle Drive Replacement Project, California ...................................... 1,000,000 

Enumclaw Welcome Center, Washington ............................................ 1,000,000 

Fort Campbell Cole Road Widening, Kentucky ................................... 2,000,000 

Fort Peck Reservoir Fishing Access Roads, Montana ......................... 5,000,000 

Frederick Douglass Bridge, Washington, DC ...................................... 4,500,000 

Golden Gate National Park Conservancy ............................................ 1,000,000 

Grand Teton National Park pathway system, Wyoming .................... 4,000,000 

Hoover Dam Bypass Boulder City Extension, Nevada ....................... 1,000,000 

I–25/NM 556 Interchange, Pueblo of Sandia, New Mexico ................ 500,000 

I–5/116th Street NE Interchange Improvements, Tulalip Tribe, 

Washington ......................................................................................... 1,000,000 

IH20–Dyess AFB Access Project, Texas .............................................. 750,000 

Kentucky Scenic Byways ....................................................................... 1,000,000 

Lake Mead Parkway/Lake Las Vegas Gateway .................................. 1,000,000 

Leelanau County Road Commission, Michigan ................................... 300,000 

Lone Pine Dam Road, Arizona .............................................................. 2,500,000 

Louis Reef Road and Boswick Lake Road, Alaska .............................. 1,500,000 

Lowell Riverwalk, Massachusetts ........................................................ 1,000,000 

M–6 Paul Henry Trail construction, Michigan ................................... 1,000,000 

Marin Parklands/Muir Woods Visitor Access, California ................... 1,278,000 

Marysville Road Construction Project, Montana ................................ 3,000,000 

MD 4, Suitland Parkway, Maryland .................................................... 3,750,000 

Missisquoi Wildlife Refuge Federal Lands Project, Vermont ............. 500,000 

Needles Highway/NV Improvements, California ................................ 500,000 

OR 140, Lake County, Oregon .............................................................. 500,000 

1396 

Project Name Amount 

OR 140, Lake County, Oregon .............................................................. 400,000 

Palm Coast Trail System, Flagler County, Florida ............................ 1,000,000 

Pine Springs Road N9010, Arizona ...................................................... 1,000,000 

Port of Stockton Daggett Road, California .......................................... 1,000,000 

Preston North & South, Nebraska ....................................................... 700,000 

S–323 Alzada-Ekalaka, Montana ......................................................... 3,000,000 

Serpentine Hot Springs Road, Bering Land Bridge National Park, 

Alaska ................................................................................................. 1,000,000 

SH 145—Dolores to Stoner, Colorado .................................................. 500,000 

Silvio Conte National Fish & Wildlife Refuge Educational Outreach 

Center, Norwich, Vermont ................................................................. 1,000,000 

South Palm Canyon Drive Phase 2, California ................................... 1,582,000 

SR 160 Blue Diamond Highway Widening—Valley View to Rainbow Clark County, Nevada ............................................................... 5,000,000 

SR–92, I–15 to 1200 East, Lehi, Utah ................................................. 750,000 

Statewide Improvements to Federal Lands, Hawaii .......................... 4,000,000 

Summit Valley Road, San Bernardino County, California ................. 1,000,000 

Swinomish Tribe Marina Project, Washington ................................... 2,000,000 

Timucuan Preserve Bike Trail, Florida ............................................... 1,000,000 

Turtle Mountain Access Road to Ojibwa Indian School, North Dakota ...................................................................................................... 1,000,000 

USMC Heritage Center Access, Virginia ............................................. 500,000 

Valles Caldera National Preserve, New Mexico .................................. 1,250,000 

Vermont Civil War Monument in Virginia .......................................... 200,000 

INTERSTATE MAINTENANCE DISCRETIONARY

Within the funds available for the interstate maintenance discretionary program, funds are to be available for the following 

projects and activities: 

Project Name Amount 

I–15, SR–92 to University Parkway, Utah County, Utah .................. $1,000,000 

34th Street Corridor/I–94 Interchange, Moorhead, Minnesota .......... 4,000,000 

Clark County Beltway (I–215) Interchanges project, Nevada ........... 1,000,000 

Cocke County Tennessee I–40 Connector Roads, Tennessee ............. 1,000,000 

Coweta County Noise Barrier, Georgia ................................................ 750,000 

Exit 18 Reconstruction, Town of Queensbury, New York .................. 1,000,000 

Exit 3, I–295 South Portland, Maine ................................................... 800,000 

Harrison County New 184 Interchange, Indiana ................................ 1,000,000 

Heartland Expressway Nebraska ......................................................... 1,000,000 

I–10 Riverside Avenue Interchange, California .................................. 1,250,000 

I–12 @ LA 1088 Interchange, St. Tammany Parish, LA .................... 500,000 

I–15—24th Street Interchange, Ogden, Utah ..................................... 500,000 

I–15 North & Commuter Rail Coordination, Utah ............................. 2,500,000 

I–20 Interchange at Hawkins Crossing, Lauderdale County, Mississippi ................................................................................................ 250,000 

I–205, Oregon ......................................................................................... 1,000,000 

I–215/Barton Road Interchange Improvements, California ............... 2,000,000 

I–25 through Colorado Springs, Colorado ............................................ 750,000 

I–253/US–54 & I–235/Central Ave. Interchanges, Kansas ................ 3,000,000 

I–29 Northbound Reconstruction, North Dakota ................................ 2,000,000 

I–30 Dallas Construction of Bridge, Trinity River, Texas .................. 500,000 

I–35 Interchange, Thackerville, Oklahoma ......................................... 1,000,000 

I–40 and Morgan Road Interchange Improvements, Oklahoma City, 

OK ....................................................................................................... 500,000 

I–40 Oklahoma City Cross Town Expressway .................................... 5,000,000 

I–5 Blaine Exit Interchange, Whatcom County, Washington ............ 2,500,000 

I–5 South HOV Lane, Phase 1, California .......................................... 500,000 

I–5/SR 18 Interchange Reconstruction, Washington .......................... 1,000,000 

I–55 Sound Barrier, Darien, Illinois .................................................... 1,400,000 

I–580/Meadowood Complex Improvements, Reno, Nevada ................ 1,000,000 

I–635/Van de Populier Road Interchange, Missouri ........................... 5,000,000 

I–64 from IL 157 to Lincoln Trail at O’Fallon, Illinois ....................... 1,000,000 

I–66/Route 29 Interchange, Gainesville, Virginia ............................... 250,000 

I–695, Baltimore Beltway N/E, Maryland ........................................... 1,000,000 

I–70 at SH 58 Interchange Reconstruction, Colorado ........................ 1,500,000 

1397 

Project Name Amount 

I–70 Improvement Project, Maryland .................................................. 5,000,000 

I–70 Tunnel Improvements, C–470 to Glenwood Springs, Colorado 2,000,000 

I–75 in Rockcastle County, Kentucky .................................................. 1,000,000 

I–75 Interchanges Preliminary Engineering and Environmental 

Impact Study Project, Ohio ............................................................... 1,000,000 

I–75/I–475 North Interchange, Ohio .................................................... 1,000,000 

I–76 between Ft. Morgan and Brush, Colorado .................................. 1,000,000 

I–76 Northeast Gateway, Colorado ...................................................... 1,500,000 

I–79 Parkway West missing ramps and widening, Pennsylvania ..... 2,000,000 

I–80 Freight Corridor Improvements, Wyoming ................................. 500,000 

I–93 Interchange, Massachusetts ......................................................... 2,000,000 

I–94 Safety near Benton Harbor and St. Joseph, Michigan .............. 100,000 

I–95 and Route 20 Interchange modification, Waltham, 

Massachussets .................................................................................... 2,000,000 

I–96 Beck and Wixom Road Interchange, Michigan ........................... 1,000,000 

IH 30–IH 635 Interchange, Texas ........................................................ 1,000,000 

Interchange on I–35 at Lone Elm Road, Olathe, Kansas ................... 1,000,000 

Interstate 10—Cypress Avenue Overcrossing, California .................. 500,000 

Interstate 280 Interchange Improvements, New Jersey .................... 1,000,000 

Interstate 430/630: Interchange Modification, Arkansas ................... 1,000,000 

Interstate 5 and Interstate 8 Connector, California ........................... 1,200,000 

Interstate 80 at Fernley, Nevada ......................................................... 500,000 

Interstate 94/43/794 Marquette Interchange, Milwaukee, Wisconsin 5,000,000 

LA37/US 190 Connector (Central Thruway), Louisiana ..................... 1,250,000 

Laval Road Interchange at Interstate 5, California ........................... 1,000,000 

Manslick Road feasibility study, Kentucky ......................................... 300,000 

Pennsylvania Turnpike/I–95 Interchange Project, Pennsylvania ...... 500,000 

Phase 2 of I–520, Palmetto Parkway in Aiken County, South Carolina ...................................................................................................... 1,000,000 

Pineda Causeway Interchange at I–95, Florida .................................. 1,200,000 

Port of Houston Barbours Cut Boulevard, Texas ................................ 1,500,000 

Rehabilitiation of Interstate I–195, Rhode Island .............................. 1,000,000 

Replacement of Washington Bridge, Rhode Island ............................. 1,000,000 

Routes I–295/42/I–76 Direct Connection, New Jersey ........................ 1,250,000 

SR 54/I–75 Interchange in Pasco County ............................................ 1,500,000 

Turnpike Improvements, Delaware ...................................................... 5,000,000 

Valleydale Road Widening, Alabama ................................................... 4,000,000 

Widening of exit ramp I–265 and I–65, Kentucky .............................. 750,000 

BUREAU OF TRANSPORTATION STATISTICS

The conferees provide $31,000,000 for the Bureau of Transportation Statistics under the FHWA appropriation. Consistent with 

both House and Senate language, the conference agreement limits 

BTS full time positions to 136. Within the funds provided, the conferees direct $400,000 for BTS to administer section 5402 of title 

39, United States Code. 

FEDERAL-AID HIGHWAYS

(LIQUIDATION OF CONTRACT AUTHORIZATION)

(HIGHWAY TRUST FUND)

The conference agreement provides liquidating cash appropriation of $35,000,000,000 for the federal-aid highways program as 

proposed by both the House and the Senate. 

1398 

FEDERAL-AID HIGHWAYS

(HIGHWAY TRUST FUND)

RECISSION

The conference agreement includes a rescission of $520,277,000 

of funds in unobligated contract authority balances from Federalaid highway program funds. 

FEDERAL-AID HIGHWAYS

EMERGENCY RELIEF PROGRAM

(INCLUDING RESCISSION)

(HIGHWAY TRUST FUND)

The conferees provide $741,000,000 to fund the backlog of requests for damage repairs necessary due to disasters. The current 

funding requirements far exceed the annual authorization of 

$100,000,000 for the emergency relief program, and this amount 

will fully fund the existing backlog of requests. This section also rescinds $741,000,000 in unobligated contract authority balances 

from Federal-aid highway funds. 

APPALACHIAN DEVELOPMENT HIGHWAY SYSTEM

The conference agreement provides $80,000,000 for the Appalachian Development Highway System (ADHS), and shall be allocated as follows: $15,000,000 for Kentucky Corridors; $5,000,000 

for Tennessee Corridor S; $5,000,000 for Mississippi Corridor V; 

$15,000,000 for West Virginia Corridor H; $25,000,000 for Alabama 

Corridor X and X–1, $7,000,000 for Tennessee Corridor J; 

$4,000,000 for Alabama Corridor V; and $4,000,000 for New York 

Corridor T. 

GENERAL PROVISIONS—FEDERAL HIGHWAY ADMINISTRATION

The conference agreement includes a provision (Sec. 110) that 

modifies the distribution of Federal-aid highway obligation limitation proposed by the House and Senate. 

The conference agreement includes a provision (Sec. 111) that 

allows funds received by the Bureau of Transportation Statistics 

from the sale of data products to be credited to the Federal-aid 

Highways account, as proposed by both the House and Senate. 

The conference agreement includes a provision (Sec. 112) that 

clarifies that BTS is to administer activities under section 5402 of 

title 39, United States Code. 

The conference agreement includes a provision (Sec. 113) that 

modifies a House provision amending public laws to allow changes 

to projects in Massachusetts, New Jersey, Michigan, Utah, and 

California. 

The conference agreement includes a provision (Sec. 114) relating to highway signs, as proposed by the House. 

The conference agreement includes a provision (Sec. 115) that 

amends section 115, division F, title 1 of P.L. 108–199, as proposed 

by the House and Senate. 

1399 

The conference agreement includes a provision (Sec. 116) that modifies a provision in the House bill and provides $5,000,000 from 

balances made available under section 104(a)(1)(A) of title 23, 

U.S.C. to carry out environmental streamlining activities. 

The conference agreement includes a provision (Sec. 117) that 

modifies a Senate provision relating to an administrative takedown, and set-aside funding for Delta Regional Authority and National Highway Traffic Safety activities. The Secretary of Transportation must submit a spend plan regarding Delta Regional Authority funding to both the House and Senate Committees on Appropriations before funds are distributed or obligated. The remaining 

amounts shall be distributed for the following purposes: 

Project Name Amount 

101st Street Corridor Widening ........................................................... $500,000 

126th Street, Hamilton County, Town of Fishers, Indiana ................ 3,000,000 

12th Street Viaduct, Missouri ............................................................... 500,000 

13th East in Sandy City, Utah ............................................................. 1,500,000 

17 Mile Road on Wind River Indian Reservation, Wyoming ............. 4,500,000 

171st Street reconstruction, East Hazel Crest, Illinois ...................... 400,000 

26th Street Extension—Philadelphia Naval Business Center, Pennsylvania ............................................................................................... 4,000,000 

4 Lane U.S. 68, 31W to Transpark Entrance on U.S. 68, Kentucky 2,000,000 

40th Street Revitalization Project, Florida .......................................... 1,250,000 

67th Street Pedestrian Underpass, Chicago Lakefront, Illinois ........ 400,000 

95th Street/Dan Ryan Intermodal Improvements .............................. 1,000,000 

9th Street Bridge, NE over New York Ave. ......................................... 500,000 

A–B Street NW Corridor Connector, Auburn, Washington ............... 1,000,000 

Access to Ebenezer Swamp Wetlands Interpretative Center, Alabama .................................................................................................... 225,000 

Addition of Eggerts Crossing storm drains, New Jersey .................... 200,000 

Adriaen’s Landing, Hartford, Connecticut ........................................... 9,000,000 

Akutan Road, Alaska ............................................................................. 1,500,000 

Alabama State University, Alabama .................................................... 250,000 

Alaskan Way Viaduct and Seawall Replacement, Seattle, Washington .................................................................................................. 1,000,000 

Alle-Kiski Connector Bridge, Pennsylvania ......................................... 2,500,000 

Almaden Express Pedestrian Overcrossing, San Jose, California ..... 500,000 

Altus Falcon Road Improvements, Oklahoma ..................................... 500,000 

Altus Falcon Road Improvements, Oklahoma ..................................... 750,000 

American Parkway Project, Pennsylvania ........................................... 1,000,000 

Anderson, IN Rail Study, Indiana ........................................................ 1,000,000 

Angels Flight, Los Angeles, California ................................................ 200,000 

Ann-Arbor-Detroit Commuter Rail ....................................................... 1,500,000 

Aroostook North-South Highway, Maine ............................................. 1,000,000 

Arthur Avenue Retail Market, New York ........................................... 1,000,000 

Asheville River Way Project, PE and Design, North Carolina .......... 600,000 

Asphalt Institute Research, University of Kentucky .......................... 500,000 

Atlantic Avenue Design/Right of Way project, New York .................. 600,000 

Atlantic Avenue Extension, New York ................................................ 1,250, 000 

Aucilla River Bridge .............................................................................. 1,000,000 

Avalon Boulevard Expansion Project, Florida ..................................... 1,000,000 

Avenue T Restoration Project, Winter Haven, Florida ....................... 600,000 

Avery Parkway Interchange at Interstate 5, California ..................... 1,000,000 

Balch Road, Madison, Alabama ............................................................ 1,500,000 

Barber Street, Wilsonville, Oregon ...................................................... 500,000 

Battlefield Parkway expansion, Virginia ............................................. 1,000,000 

Beall Avenue Economic Redevelopment Project, Ohio ....................... 1,500,000 

Bellevue Access Downtown Project, Washington ................................ 1,500,000 

Bellevue Access Downtown, Phase Two, Washington ........................ 500,000 

Bellingham San Juan Boulevard, Washington ................................... 1,000,000 

Belmont Ave Gateway Community Enhancement Project ................. 350,000 

Belmont Infrastructure and Streetscape Improvement, North Carolina ...................................................................................................... 1,250,000 

Berkeley Springs Streetscape, West Virginia ...................................... 200,000 

1400 

Project Name Amount 

Bikeways and Walkways, Santa Fe, New Mexico ............................... 1,000,000 

Billings North Bypass Project, Montana ............................................. 5,000,000 

Blackstone River Bicycle Facility—Segment 4A, Rhode Island ......... 500,000 

Blackstone River Valley National Heritage Corridor Roadway Improvement Program, Rhode Island ................................................... 3,000,000 

Boot Key Bridge Rehabilitation Project, Florida ................................. 500,000 

Bouldercrest Road Improvements, Georgia ......................................... 500,000 

Braves Avenue, City of Gladstone, Michigan ...................................... 370,000 

Bridge Replacement on SR–54, Wisconsin .......................................... 500,000 

Briggs-DeLaine-Pearson Connector, South Carolina .......................... 2,500,000 

Bring Back Broad Street Initiative, Alabama ..................................... 1,000,000 

Bristol Street Multi-Modal Corridor, California ................................. 750,000 

Broadway Bridge, Colorado .................................................................. 1,200,000 

Bronx Zoo Access Improvement, New York ......................................... 750,000 

Brooklyn Chamber of Commerce’s Light-rail study, New York ......... 300,000 

Brooklyn Public Library/Grand Army Plaza, New York .................... 700,000 

Buffalo Bayou—San Jacinto Corridor Improvements ......................... 500,000 

Building Access Improvements, University of Florida ....................... 1,000,000 

Bullock County Industrial Park Access Road, Alabama .................... 750,000 

Byram-Clinton Norrell Corridor, Mississippi ...................................... 3,800,000 

C–470 and Santa Fe (US 85) Interchange, Colorado .......................... 1,000,000 

California University Pennsylvania Urban MAGLEV ........................ 2,500,000 

Camp Steet upgrades, East Peoria, Illinois ......................................... 2,000,000 

Campbell Avenue Gateway Corridor, Tucson, Arizona ...................... 500,000 

Campbelltown Connector and US 322 Improvement Project, Pennsylvania ............................................................................................... 1,000,000 

Canton Junction Commuter Rail Station, Massachusssets ............... 50,00 

Capacity Improvements on I–75 Corridor in SW Florida .................. 1,000,000 

Cape Cod Hyannis Gateway, Massachussets ...................................... 382,000 

Cape Girardeau I–55 Corridor, Missouri ............................................. 100,000 

Cape Girardeau/Fountain Street downtown revitalization, Missouri 500,000 

Caraway Overpass Project, Jonesboro, Arkansas ............................... 1,000,000 

Central Link Westchester Avenue to East Tremont, New York ........ 750,000 

Central Riverfront Street Grid: Theodore Berry Way, Cincinnati, 

Ohio ..................................................................................................... 500,000 

Central Susquehanna Valley Transportation Project, Pennsylvania 2,000,000 

Cermak and Kenton Avenues, Illinois ................................................. 1,000,000 

CETAP Corridor, Riverside and Orange counties, California ............ 2,000,000 

Cherry Avenue Interchange and Bypass, Kearney, Nebraska ........... 500,000 

Cherry-Bancroft-Summit Corridor Neighborhood Business District 

Revitalization, Toledo, Ohio .............................................................. 250,000 

Chesapeake Bypass, Lawrence, Ohio ................................................... 1,250,000 

Cheyenne Corridor Safety Improvement Project, Idaho ..................... 2,000,000 

Chickasaw Museum and Cultural Center, Mississippi ...................... 1,150,000 

Chippewa Falls, WI-Seymour Cray Sr. Blvd Extension ..................... 2,000,000 

Chocorua Village Intersect Improvement Project, New Hampshire 200,000 

Choctaw Roads, Mississippi .................................................................. 2,750,000 

Choudrant I–20 Service road, Louisiana ............................................. 1,000,000 

Cicero Ave. Lighting in University Park, Illinois ............................... 200,000 

City of Beloit Gateway Boulevard Project, Wisconsin ........................ 1,000,000 

City of Brownsville West Rail Relocation Project, Texas ................... 1,750,000 

City of Clearwater Bike Path, Florida ................................................. 500,000 

City of Clearwater Safety and Access Program, Florida .................... 3,000,000 

City of Cohoes Transportation Enhancement Program, New York ... 500,000 

City of Fort Worth Corridor Redevelopment, Texas ........................... 2,000,000 

City of Lincoln Antelope Valley Project Transportation Improvements, Nebraska ................................................................................ 2,000,000 

City of Lincoln South Beltway, Nebraska ........................................... 3,000,000 

City of Nanticoke Parking and Economic Development Project, 

Pennsylvania ...................................................................................... 500,000 

City of Omaha Widening/Improvements to Q Street from 157th 

Street to 204th Street, Nebraska ...................................................... 3,000,000 

City of Poughkeepsie Waterfront Restoration, New York .................. 750,000 

City of Radcliff Public Walkway Improvements, Kentucky ............... 475,000 

City of Reading, Pennsylvania .............................................................. 500,000 

City of Riverside, Grade Separations, California ................................ 1,000,000 

1401 

Project Name Amount 

City of Somerville Urban Streetscape and Adaptive Reuse Plan, 

Massachusetts .................................................................................... 1,000,000 

City of St. Petersburg Bike Path, Florida ........................................... 600,000 

City of St. Petersburg, Gandy Boulevard Widening, Florida ............. 4,000,000 

City of Sweetwater Transportation Improvements, Florida .............. 500,000 

City of Tampa, 40th Street Revitalization Project, Florida ............... 3,000,000 

City of Wyandotte Eureka Street Lighting, Michigan ........................ 238,000 

Clarke County Economic Development Initiative, Alabama .............. 750,000 

Classic Drive Access Road Hattiesburg, Mississippi .......................... 2,500,000 

Clay Street Reconstruction, New Jersey .............................................. 500,000 

Clifton Corridor Urban Transit Link Study, Georgia ......................... 500,000 

Clinton Township Hike/Bike Pathway, Michigan ............................... 500,000 

Coalfields Expressway—McDowell and Wyoming Counties, West 

Virginia ............................................................................................... 12,000,000 

Cobblestone Landing Restoration, Memphis, Tennessee ................... 1,000,000 

Cole Street Bridge Replacement, Rhode Island .................................. 300,000 

College of Southern Idaho Student Safety Initiative, Idaho .............. 530,000 

Coltsville Corridor Development, Connecticut .................................... 3,000,000 

Columbia Pike Improvements, Virginia ............................................... 1,250,000 

Columbia Point South Road Improvements, Richland, Washington 1,000,000 

Connecting Road from the Higher Ed Center to I–64, West Virginia 750,000 

Connector Road between the newly relocated State Route 1045 and 

Saint Vincent College, Latrobe, Pennsylvania ................................ 2,000,000 

Construct noise walls along I–264 ad I–64 in the vicinity of the 

communities of Avondale and St. Regis Park. ................................. 200,000 

Construction of a Rail Corridor in Wichita, Kansas ........................... 4,000,000 

Construction of access roads at Skiatook Lake, Oklahoma ................ 350,000 

Convention Center Turnaround, Massachusssets ............................... 1,000,000 

Cooley Road Interchange, Oregon ........................................................ 1,000,000 

Council Bluffs East Beltway, Iowa ....................................................... 3,500,000 

County Highway 81/200th St. Reconstruction, Minnesota ................. 250,000 

County Highway GG from Mellen south to English Lake Road, 

Wisconsin ............................................................................................ 700,000 

County Road 17 Corridor, Indiana ....................................................... 750,000 

Courthouse District Transportation Improvements, Oregon ............. 5,000,000 

Covina Station Undercrossing, California ........................................... 500,000 

Cox Road Bridge in Anderson County, South Carolina ...................... 300,000 

CR 113—Big Ridge Road—Town of Ogden, New York ....................... 1,000,000 

CR 251 Mill Road, NY Route 261 to North Avenue, New York ........ 2,000,000 

CR 486 Improvement Project ................................................................ 500,000 

Crooks Road Widening and Resurfacing, Michigan ............................ 360,000 

Cross Base Highway (Pierce County), Washington ............................ 1,500,000 

Crystal Lake Mitigation Project, New Hampshire .............................. 1,000,000 

CSAH 24 Interchange at US 52 in Cannon Falls, Minnesota ........... 250,000 

CSX Bridge Enhancement, Gadsden, Alabama ................................... 500,000 

Cuming Street Improvement Project, Nebraska ................................. 1,000,000 

Curry County Road Improvements, New Mexico ................................ 2,350,000 

Dallas I–30 Replacement Bridge, Texas .............................................. 8,000,000 

Dekalb County School Bicycle and Pedestrian Safety, Georgia ......... 500,000 

Des Moines Beach Park and North Marina Entrances Improvements, Washington ............................................................................ 230,000 

Des Moines East West Connector, Iowa .............................................. 5,000,000 

Des Moines Riverwalk, Iowa ................................................................. 2,000,000 

Des Plaines, Illinois alley, sidewalk improvements, Illinois .............. 1,000,000 

Detroit Center City Loop, Michigan ..................................................... 1,000,000 

Diamond Exchange at Perry Road and I–540, Rogers, Arkansas ..... 4,000,000 

Dismal Swamp Trail—City of Chesapeake, Virginia .......................... 1,500,000 

Dismal Swamp Trail, Virginia .............................................................. 250,000 

Donald Lane/Industrial Park Road/Elton Road Improvement, Pennsylvania ............................................................................................... 2,000,000 

Douglas County Highway 92 Relocation and Widening, Georgia ...... 1,000,000 

Downtown pedestrian infrastructure, Ashland, Wisconsin ................ 2,000,000 

Downtown Revitalization Pleasant Street, Malden, Massachussets 2,000,000 

Downtown Revitalization, Town of Clarkstown, New York ............... 250,000 

Downtown Springfield Streetscape Improvements, Missouri ............ 250,000 

Downtown Streetscape Project, Russellville, Alabama ....................... 400,000 

Downtown Transportation Improvements, Indiana ............................ 1,500,000 

1402 

Project Name Amount 

Downtown Wilkes-Barre Revitalization Project, Pennsylvania ......... 1,250,000 

Draper’s Corner Safety Improvements—Claremont, New Hampshire ..................................................................................................... 750,000 

Dudley Road (Route 101) Templeton, Massachussets ........................ 2,880,000 

Durant US 69/75 Rodeo Road Bridge Improvements, Oklahoma ...... 700,000 

Durham and Chatham Counties Greenway Project, North Carolina 1,000,000 

Duval Street and Truman Annex Improvements, Florida ................. 500,000 

Eagan Ring Road, Minnesota ............................................................... 1,000,000 

Eason Bridge, Tupelo, Mississippi ....................................................... 1,000,000 

East 7th St Corridor Improvements Austin, Texas ............................ 1,250,000 

East Flagstaff Interchange, Arizona .................................................... 300,000 

East Milton Square Parking Deck, Massachusssets ........................... 1,000,000 

East Orange County Trailway System, Florida .................................. 500,000 

East Reed Road Conversion Project in Anderson, SC ........................ 1,000,000 

East Washington Avenue Reconstruction, Wisconsin ......................... 1,000,000 

East-West Corridor, Alabama ............................................................... 15,000,000 

Edgewood Road SW Viaduct, Cedar Rapids, Iowa .............................. 250,000 

Edgewood/Fairplains Street construction, Walnut Street Construction and Industrial Park Drive Resurfacing, Greenville, Michigan 1,000,000 

Eleven Mile Road Reconstruction, Michigan ....................................... 1,250,000 

Elizabeth Avenue Redevelopment, Charlotte, North Carolina .......... 500,000 

Elliot Avenue and BNSF Crossing Path Improvements, Seattle, 

Washington ......................................................................................... 1,000,000 

Emergency Safety Enhancements for Water Taxis, Maryland .......... 250,000 

Emergency Services Access, Texas ....................................................... 4,000,000 

Enterprise South Industrial Park Connector Road, New York ......... 2,500,000 

Essex Junction, VT Redevelopment, Vermont .................................... 500,000 

Expansion of the Interstate HWY 10, Crowley, Acadia Parish, Louisiana ................................................................................................... 600,000 

Fairfax County Trail improvements in Great Falls, Virginia ............ 1,000,000 

Fairmont Gateway Connector System, West Virginia ........................ 6,000,000 

Fayette County Business Park roads, Pennsylvania .......................... 1,000,000 

Fegenbush Lane, Kentucky .................................................................. 1,000,000 

Fiery Gizzard Trail, Tennessee ............................................................ 2,000,000 

Fifth Street Connector Bridge Study, Georgia .................................... 2,000,000 

Fire Station Road Bridge in Anderson County, South Carolina ........ 184,000 

Fix Townline Road, Town of Huntington, New York .......................... 300,000 

Fix West Shore Road, Town of Huntington, New York ...................... 1,000,000 

FLL Airport Terminal Roadways, Florida ........................................... 500,000 

FM 1431 East Improvement Project in Cedar Park, Texas ............... 1,000,000 

FM 60 University Drive Project, College Station, Texas .................... 1,000,000 

Fort Edward Industrial Park Entrance Design, New York ............... 80,000 

Fort Worth Peach Street Area Access Improvements, Texas ............ 1,750,000 

Four Lane Arterial Connector in Alachua County, Florida ............... 3,000,000 

Fox Ridge Road, Cheyenne River Indian Reservation, South Dakota 2,500,000 

Friant Corridor Improvements, California .......................................... 500,000 

Fulton Avenue/Lloyd Expressway Project, Evansville, Indiana ........ 4,000,000 

Fulton County Highway 6, Illinois ....................................................... 1,000,000 

Fulton Road Bridge Project, Ohio ........................................................ 2,000,000 

Galena road resurfacing, Alaska .......................................................... 1,500,000 

Garden Parkway in Gaston and Mecklenburg Counties, North 

Carolina .............................................................................................. 1,000,000 

Gary Green Link Trail, Indiana ........................................................... 1,000,000 

Georgetown Pass, Kentucky ................................................................. 1,000,000 

Girl Scouts Golden Valley Council bridge project, California ............ 150,000 

Glacier National Park Going to the Sun Road, Montana ................... 5,000,000 

Gladding Road Overcross, California ................................................... 350,000 

Grade Crossing Improvements at Ramona Boulevard, California .... 700,000 

Grade separation, Union Pacific Rail Bypass at Union Junction, 

Colorado .............................................................................................. 500,000 

Grand Avenue Rehabilitation Project, California ............................... 1,000,000 

Grand River Avenue, City of Novi, Michigan ...................................... 500,000 

Graycliff Public Access Enhancement, Erie County New York ......... 400,000 

Greenville County Bridges, South Carolina ........................................ 1,750,000 

Greenways Expansion and Improvements Project, North Carolina 1,500,000 

Haga ̊tn ̃ a River Flood Mitigation Bridge Improvement, Guam .......... 500,000 

Hancock Shaker Village Buffer and Trail System, Massachussets ... 215,000 

1403 

Project Name Amount 

Hanover County Planning Study, Virginia .......................................... 100,000 

Harden Street, South Carolina ............................................................. 1,000,000 

Harlingen/West Cameron County Rail Relocation, Texas .................. 2,800,000 

Harrison County Multi-Modal Freight Connector, Mississippi ......... 250,000 

Hartville Lake Township Traffic Congestion Study, Ohio ................. 1,000,000 

Haywood Road/ Ammunition Plant Access, Oklahoma ...................... 1,000,000 

Healdsburg Pedestrian and Bicycle Path, California ......................... 1,250,000 

Heartland Expressway, South Dakota ................................................. 2,000,000 

Henry County transportation enhancements, Alabama ..................... 200,000 

Hidalgo County Loop, Texas ................................................................. 500,000 

High Bridge Rehabilitation Project, New York ................................... 1,000,000 

High Line Project, New York City, New York ..................................... 1,000,000 

Highway 101 Corridor Widening Project, California .......................... 1,000,000 

Highway 149 Overpass and Upgrade, Richland, Mississippi ............. 600,000 

Highway 165 Rail Grade Separation Stuttgart, Arkansas ................. 1,000,000 

Highway 20 between Fort Dodge and Moorland, Iowa ....................... 2,000,000 

Highway 21, Jefferson County, Missouri ............................................. 500,000 

Highway 22 from Vicksburg to Canton, Mississippi ........................... 1,000,000 

Highway 25–US 84 Connector, Mississippi State ............................... 1,350,000 

Highway 289 in Grayson County, Texas ............................................. 750,000 

Highway 36/McKnight Road Interchange, Minnesota ........................ 750,000 

Highway 45 Bypass, Columbus, Mississippi ....................................... 1,000,000 

Highway 57, Jackson County, Mississippi ........................................... 750,000 

Highway 71: Louisiana State Line—Doddridge, Arkansas ................ 750,000 

Highway 92 Study in Warren County, Iowa ....................................... 500,000 

Hillsborough County: I–4 Crosstown Connector, Florida ................... 2,500,000 

Hively Avenue Underpass, City of Elkhart, Indiana .......................... 250,000 

Hoboken Waterfront Walkway, New Jersey ........................................ 1,000,000 

Hoeven Corridor/Outer Drive Project, Sioux City, Iowa ..................... 2,000,000 

Holly Springs Road, DeSoto County, Mississippi ................................ 1,650,000 

Holmdel; road improvements to reduce flooding, New Jersey ........... 100,000 

Homer-Halibut Cove—Jakolof Bay—Seldovia Ferry, Alaska ............ 6,000,000 

Hooksett Highway Reconstruction and Upgrade, New Hampshire ... 4,000,000 

Hoosier Heartland Corridor, Indiana ................................................... 1,000,000 

Hoosier Heartland Highway, Miami and Huntington Counties, Indiana .................................................................................................... 1,000,000 

Hopwood Village Streetscape Project, Pennsylvania .......................... 600,000 

Huntsville Five Points Improvement Project, Alabama ..................... 500,000 

Huntsville Southern Bypass/BRAC Access, Alabama ......................... 2,000,000 

I–10 from Interchange of SR 90 to Ocotillo TI, Arizona ..................... 1,500,000 

I–12 at Essen Lane, Baton Rouge, Louisiana ..................................... 1,500,000 

I–15 Reconstruction, Salt Lake County, Utah .................................... 5,000,000 

I–15 (Falchion Road)/State Route 18 Interchange, California ........... 3,000,000 

I–210 and Highway 14 Interchange, Lake Charles, Louisiana ......... 800,000 

I–225 Alameda Bridge, Colorado .......................................................... 1,000,000 

I–225 Yale Overpass, Colorado ............................................................. 750,000 

I–225/Colfax/17th Place Interchange, Colorado .................................. 2,000,000 

I–235 Reconstruction, Iowa ................................................................... 5,000,000 

I–25 Reconstruction through Colorado Springs .................................. 1,688,000 

I–290 Cap, Oak Park, Illinois ............................................................... 1,000,000 

I–295 Safety and Bridge Improvements, Rhode Island ...................... 5,000,000 

I–30 Bridge, Texas ................................................................................. 1,100,000 

I–35 East/I–635 Interchange, Texas .................................................... 1,500,000 

I–39 (STH 29/USH 51 Corridor, Wausau), Wisconsin ........................ 4,000,000 

I–40 Crosstown Project, Oklahoma ...................................................... 1,000,000 

I–40 Double Eagle II Airport Access, Albuquerque, New Mexico ...... 3,000,000 

I–40 Oklahoma City Cross Town Expressway .................................... 35,000,000 

I–40/I–240 Merge to Choctaw Road in Choctaw, Oklahoma .............. 1,000,000 

I–405 Widening, California ................................................................... 1,000,000 

I–405 Widening, California ................................................................... 500,000 

I–44 Widening from Yale to the Arkansas River and I–44 193rd 

Interchange, Oklahoma ..................................................................... 4,000,000 

I–44, Phelps County, Missouri .............................................................. 500,000 

I–49 Extension South, Louisiana ......................................................... 1,000,000 

I–5 Transportation and Trade Partnership Project, Southwest 

Washington ......................................................................................... 2,000,000 

I–5, Salem, Oregon ................................................................................ 2,000,000 

1404 

Project Name Amount 

I–5, Sorrento Valley Road and Genesee Avenue Interchange, California ................................................................................................... 1,500,000 

I–5/SR–432 Interchange Modernization, Longview, Washington ...... 2,000,000 

I–530 (AR) Extension to I–20 (LA), Arkansas ..................................... 750,000 

I–540 and Perry Road Interchange, Rogers, Arkansas ...................... 1,696,000 

I–55 South Nissan Interchange, Mississippi ....................................... 6,000,000 

I–565 Extension, westward from I–65 to Decatur, Alabama ............. 3,000,000 

I–64 and Pocahontas Parkway Connector, Virginia ........................... 1,000,000 

I–65 Interchange Near County Road 222, Cullman, Alabama .......... 2,000,000 

I–66 Northern Bypass of Somerset, Kentucky .................................... 4,000,000 

I–66 Pike County, Kentucky ................................................................. 1,000,000 

I–66 Somerset to London, Kentucky .................................................... 2,000,000 

I–675 Corridor Improvements, Ohio .................................................... 2,000,000 

I–69 Access Project, Hamilton County, IN .......................................... 2,000,000 

I–69 Evansville to Henderson, Indiana ............................................... 500,000 

I–69 Evansville to Indianapolis, Southwestern, Indiana ................... 750,000 

I–69, Louisiana Sections ....................................................................... 5,000,000 

I–69, Texas ............................................................................................. 7,000,000 

I–69, Texas ............................................................................................. 1,000,000 

I–69/SR 304, Mississippi ....................................................................... 1,750,000 

I–70/State Highway 58 Interchange Reconstruction, Colorado ......... 250,000 

I–710 Corridor/Gerald Desmond Bridge Gateway Program, California ................................................................................................... 1,250,000 

I–73 Interstate, from the North Carolina state line to Myrtle 

Beach, South Carolina ....................................................................... 1,000,000 

I–73, South Carolina ............................................................................. 3,000,000 

I–75/ Austin Road Interchange, Ohio ................................................... 1,000,000 

I–75 at Austin Pike Interchange, Ohio ................................................ 3,000,000 

I–75 at Union Grove Rd/CR 65 in Gordon County, Georgia .............. 1,000,000 

I–75 Improvements in Pembroke Pines, Florida ................................. 3,000,000 

I–75 London, Kentucky ......................................................................... 1,000,000 

I–75, Mt. Zion Road Interchange in Clayton County, Georgia .......... 1,000,000 

I–75/Austin Road Interchange, Ohio .................................................... 1,000,000 

I–75/Baldwin Road, Michigan ............................................................... 500,000 

I–80 Colfax Narrows Project, Nevada .................................................. 1,000,000 

I–81 Improvements South of I–70 to North of Halfway Boulevard, 

Maryland ............................................................................................. 1,000,000 

I–81 Rebuild/Expansion, Pennsylvania ................................................ 5,000,000 

I–84, US–93 IC Stage 2, Twin Falls, Idaho ......................................... 1,000,000 

I–84, US–93 IC Stage 2, Twin Falls, Idaho ......................................... 1,000,000 

I–85 Widening in Rowan County, North Carolina .............................. 2,000,000 

I–85/Brockman-McClimon Interchange and connections, South 

Carolina .............................................................................................. 3,000,000 

I–87, Exit 11 and 12 Interchange Improvements, New York ............ 2,000,000 

I–93 construction and mitigation, New Hampshire ............................ 750,000 

I–95 Pearl Harbor Mem. Bridge Corridor, New Haven, Connecticut 2,000,000 

I–95/SC–327 Interchange Improvements, South Carolina ................. 1,500,000 

I–95/West Virginia Drive Interchange ................................................. 750,000 

I–96/Latson Road, Michigan ................................................................. 1,000,000 

IH–30 at Collins (FM 157) and Center Streets, Texas ....................... 500,000 

Improve Montauk Highway from NY112 to CR101, New York ......... 1,000,000 

Improvements along U.S. 60 at Beargrass Creek, Kentucky ............. 300,000 

Indianapolis Downtown Transportation Improvements, Indiana ...... 4,000,000 

Industrial Access Road for Industrial Park, Oklahoma ..................... 200,000 

Interchange and Freeway Improvements on US 65, Missouri ........... 500,000 

Interchange at I–65 and Limestone County Road, Alabama ............. 1,000,000 

Interchange Improvements on US 60, Missouri ................................. 3,000,000 

Interchange/Overpass at K–10 and Lone Elm Road, Kansas ............ 2,000,000 

Intercounty Connector, Maryland ........................................................ 800,000 

Intersection Reconstruction, Winter Park, Florida ............................. 500,000 

Interstate 10/Tippecanoe Interchange, California .............................. 5,000,000 

Interstate 35 East Expansion, Texas ................................................... 1,000,000 

Interstate 49 North, Louisiana ............................................................. 1,000,000 

Interstate 5 Interchange at Coburg Environmental Study, Preliminary Engineering and Construction, Oregon ................................... 3,000,000 

Interstate 5 State Route 78 Interchange Improvement ..................... 500,000 

Interstate 69—State of Tennessee ....................................................... 4,000,000 

1405 

Project Name Amount 

Interstate 69: SIU 15, Louisiana .......................................................... 1,000,000 

Jamestown 2007—fed lands, Virginia .................................................. 3,000,000 

Jefferson Road in Monroe County, New York ..................................... 500,000 

Jenny Lind Road, Fort Smith, Arkansas ............................................. 2,000,000 

Johnson Ferry Road/Abernathy greenspace, Georgia ......................... 1,000,000 

Johnson, VT/VT Route 15 Redevelopment, Vermont .......................... 2,000,000 

K Street off-ramp, Tulare, California ................................................... 1,000,000 

K–68 Intersection Improvement Project, Kansas ............................... 400,000 

Kansas-Garrett Connector, Louisiana .................................................. 500,000 

Kapolei City Congestion Mitigation, Hawaii ....................................... 4,000,000 

Kauai Multi-Modal Land Transportation System Study, Hawai ...... 800,000 

KBS Railroad Hazard Elimination, Kankakee County, Illinois ........ 300,000 

Kearney I–80/Cherry Avenue Interchange and East Bypass, Nebraska .................................................................................................. 1,120,000 

Kenai Peninsula Borough roads, Alaska ............................................. 5,000,000 

Kendall Square Urban Streetscape & Pedestrian Improvements, 

Massachusetts .................................................................................... 750,000 

Keystone Drive (Soldotna), Alaska ....................................................... 500,000 

King Coal Highway—Mingo County, West Virginia ........................... 15,000,000 

King Street and Spring Cannon Corridor Redevelopment in 

Charleston, SC ................................................................................... 1,000,000 

King-Graves Road Improvements for YARS, Vienna, Ohio ............... 1,000,000 

Kirby Drive Project, City of Pearland, Texas ...................................... 2,800,000 

Kotzebue road improvements, Alaska .................................................. 1,500,000 

LA 28 Expansion, Rapides and Vernon Parishes, Louisiana ............. 2,000,000 

La Entrada al Pacifico Feasibility Study, Texas ................................. 500,000 

La Entrada al Pacifico, Texas ............................................................... 2,000,000 

La Entrada Southern Route Study, Texas .......................................... 500,000 

LA–1, Port Fourchon to Golden Meadow, Louisiana .......................... 5,000,000 

Lahaina Town Drainage Improvements, Hawaii ................................ 4,000,000 

Land acquisition for pedestrian trail over George Washington Memorial Bridge ...................................................................................... 1,000,000 

LaPorte Highway Improvement Project, Indiana ............................... 250,000 

Lee Highway Improvements, Fairfax City, Virginia .......................... 500,000 

Lewis & Clark Expressway, Missouri .................................................. 500,000 

Lewis and Clark Expressway, Missouri ............................................... 1,000,000 

Lewis and Clark Legacy Trail, North Dakota ..................................... 1,000,000 

Lexington Connector Study, South Carolina ....................................... 600,000 

Lincoln Boulevard Improvement Project, California .......................... 600,000 

Lincoln Bypass ....................................................................................... 1,000,000 

Lincoln Park Street Improvements, Michigan .................................... 1,000,000 

Little Eagle and Wakpala Streets on Standing Rock Indian Reservation, South Dakota ...................................................................... 1,000,000 

Livernois Road Widening and Improvement, Michigan ..................... 1,000,000 

Lloyd Expressway Upgrade, Evansville, Indiana ............................... 2,000,000 

Lone Elm/I–35 Interchange; Lone Elm Road, Kansas ........................ 4,750,000 

Los Lunas Corridor/Location Study, New Mexico ............................... 500,000 

Louisville Medical Center Development Corporation Project, Kentucky .................................................................................................... 500,000 

Louisville Waterfront Park Path Improvements, Kentucky .............. 3,500,000 

Lowell, Massachusetts Canalway, Massachusetts .............................. 500,000 

Lycoming Valley Bridge, Pennsylvania ............................................... 1,000,000 

Lyndale Avenue Bridge, Richfield, Minnesota .................................... 2,500,000 

MacArthur Boulevard Extension, Springfield, Illinois ....................... 500,000 

MacArthur Boulevard widening, drainage, and resurfacing improvements from NW 50th to NW 60th, Warr Acres, OK .............. 1,000,000 

Mack Hatcher Parkway, West, Tennessee .......................................... 1,000,000 

Main Street Corridor Intermodal Facility, Texas ............................... 500,000 

Main Street Corridor Revitalization, Texas ........................................ 750,000 

Maple Avenue Improvement Project, Vienna, VA .............................. 250,000 

Maple Road, City of Walled Lake, Michigan ....................................... 500,000 

Maritime Domain Awareness Pilot Project, Washington ................... 1,100,000 

Maritime Fire and Safety Association, Columbia River, Washington 500,000 

Marquette Interchange, Milwaukee, Wisconsin .................................. 5,000,000 

Maspeth Chamber of Commerce’s Truck Traffic Impact, New York 250,000 

Matanuska Susitna Borough Pt. McKenzie road improvements, 

Alaska ................................................................................................. 6,000,000 

1406 

Project Name Amount 

McCaslin/U.S. 36 Interchange, Colorado ............................................. 500,000 

McClellan Road Bridge in Anderson County, South Carolina ........... 248,000 

McGregor Road Neighborhood Trails, Waco, Texas ............................ 2,000,000 

McHenry County/Crystal Lake Road, Illinois ..................................... 1,000,000 

MD 404, Double Hills Road to Sennett Road, Maryland .................... 2,000,000 

MD 404, Maryland ................................................................................. 1,000,000 

Memorial Boulevard, Picayune, Mississippi ........................................ 1,350,000 

Memorial Bridge Plaza, North Dakota ................................................ 1,000,000 

Memorial Park II Development and Intersection Improvements, 

Massachusetts .................................................................................... 500,000 

Mesa del Sol, New Mexico ..................................................................... 1,250,000 

Midwest City Hudiburg Drive Improvements, Oklahoma ................. 500,000 

Mills Industrial Park, Ohio ................................................................... 4,000,000 

Milwaukee Avenue, Grand to Gale, Chicago, Illinois ......................... 1,250,000 

MLK Jr. Parkway, Des Moines, Iowa .................................................. 2,000,000 

Mohawk Trail East Corridor Management Plan, Massachusetts ...... 125,000 

Mohawk Trail Scenic Byway Historic Preservation, Massachusetts 140,000 

Mon Wharf Landing reconstruction, Pennsylvania ............................ 500,000 

Montana/Davis Road, Kansas ............................................................... 500,000 

Monterey Bay Sanctuary Scenic Trail, California .............................. 400,000 

Monticello/White County 6th Street West Shafer Drive, Indiana ..... 1,000,000 

Morrison Road Corridor, Delaware County, Indiana .......................... 500,000 

Morton Business Development Park .................................................... 1,200,000 

Mount Lebanon Shaker Heritage Center Project, New York ............. 600,000 

MS 49–MS 7 Connector Road, Greenwood, Mississippi ..................... 1,500,000 

MSU Research, Technology, and Economic Development Park, Mississippi ................................................................................................ 2,500,000 

Mt. Sinai Queens, Patient Access Development Project, New York 750,000 

Mt. Vernon Highway/Old Mill Road reconstruction, Virginia ........... 1,000,000 

Mt. Washington Road, Cedar Creek Road, and Beulah, Kentucky 1,000,000 

Muhlneberg Township Route 222 Corridore Initiative, Pennsylvania .................................................................................................... 350,000 

Multi Use Recreational Trail in Plantation, Florida .......................... 500,000 

N. Indiana Commuter Transportation District, South Shore Commuter Rail ........................................................................................... 1,500,000 

N. Memphis Street District Redevelopment and Revitalization, 

Mississippi .......................................................................................... 750,000 

N.W. Lincoln County Regional P.D.A. Industrial Park Transportation Improvements, Washington ................................................... 170,000 

N5063 on the Navajo Nation, Utah ...................................................... 350,000 

Nash Road Extension, Missouri ........................................................... 1,000,000 

Nassau County, NY HUB ..................................................................... 1,500,000 

Native American Cultural Center ........................................................ 3,000,000 

Neuse River Park Greenway Projects, North Carolina ...................... 400,000 

New Bedford rail infrastructure improvements, New Bedford, Massachusetts ........................................................................................... 1,000,000 

Newberg Dundee Transportation Improvements Project, Oregon ..... 1,000,000 

Newberg-Dundee Transportation Improvement Project, Oregon ...... 1,250,000 

Newtown Pike Extension, Kentucky .................................................... 2,000,000 

Niobrara Scenic River Corridor Roads, Nebraska .............................. 3,000,000 

Noble Creek Bridge, Beaumont, California ......................................... 3,000,000 

Nome Roads, Alaska .............................................................................. 1,000,000 

Nonconnah, Tennessee .......................................................................... 500,000 

Norfolk West, Nebraska ........................................................................ 2,000,000 

North Augusta Riverfront Road Extensions, South Carolina ............ 1,000,000 

North B Street Intersection in Pickens County, South Carolina ...... 250,000 

North Coast Harbor Improvements Dock and Bridge, Ohio .............. 500,000 

North Conway Village Streetscape Project, New Hampshire ............ 1,000,000 

North Delaware River Road, Pennsylvania ......................................... 1,250,000 

North Main Street Improvement, Columbia, South Carolina ............ 1,500,000 

North Second Street Corridor Phase I Upgrade, Tennessee .............. 3,000,000 

North Sinatra Drive, New Jersey ......................................................... 700,000 

North Sinatra Drive, New Jersey ......................................................... 1,500,000 

Northeast 23rd Street between Lincoln and I–35, Oklahoma City, 

Oklahoma ............................................................................................ 250,000 

Northeast Arkansas Connector: relocation of HWY 226 .................... 5,000,000 

Northeast Parkway, El Paso, Texas ..................................................... 1,000,000 

1407 

Project Name Amount 

Northern Corridor, St. George, Utah ................................................... 1,000,000 

Northside Drive Corridor, Clinton, Mississippi ................................... 2,000,000 

North-South Highway, Alabama .......................................................... 1,000,000 

Notasulga Bridge Replacement, Macon, Alabama .............................. 350,000 

Noxubee National Wildlife Refuge, Mississippi .................................. 1,300,000 

Oak Beach Park Transportation Improvements, New York .............. 500,000 

Oak Savannah Trail, Indiana ............................................................... 1,500,000 

Oglala, SD, Pedestrian/Bicycle Trail .................................................... 230,000 

Ohio River Levee Trail—Phase II–B, Kentucky ................................. 60,000 

Ohio River Levee Trail—Phase III, Kentucky .................................... 200,000 

Oklahoma Medical Research Foundation ............................................ 1,000,000 

Oklahoma University Health Sciences Center .................................... 1,000,000 

Olana State Historic Site, New York ................................................... 2,000,000 

Old Fannin Road Improvement Project, Completion of phase II ....... 500,000 

Old Highway 471 Improvements, Rankin County, Mississippi ......... 2,750,000 

Olmstead Trail, Phase I, Kentucky ...................................................... 200,000 

Onondaga Creek Streetscape Improvement Project, New York ........ 2,000,000 

Orangeburg Railroad Realignment, South Carolina ........................... 750,000 

Otay Mesa/SR 905 Improvements, California ..................................... 2,000,000 

Owensboro Riverfront Development Project, Kentucky ..................... 5,000,000 

Oxford, Mississippi Toby Tubby Parkway ........................................... 350,000 

PA 706 Bradford County, Pennsylvania .............................................. 1,000,000 

Pacoima Wash Mountain Bikeway, California .................................... 1,000,000 

Pearl-Richland Intermodal Connector, Mississippi ............................. 2,750,000 

Pennsylvania Turnpike—I–95 Interchange, Pennsylvania ................ 2,500,000 

Phalen Boulevard, St. Paul, Minnesota ............................................... 5,000,000 

Pharr International Bridge Improvements, Texas .............................. 1,000,000 

Pinellas County Mobility Initiative, Florida ........................................ 3,000,000 

Pinellas County Trail, Florida .............................................................. 5,000,000 

Pinkham Notch Pedestrian Safety, New Hampshire .......................... 150,000 

Pinkham’s Notch Foot Bridge, New Hampshire ................................. 150,000 

Planning, location, environmental work, PE for US Highway 20 

Woodbury, Ida and Sac, Iowa ............................................................ 2,000,000 

Platte County, Missouri Route 152, Missouri ..................................... 2,000,000 

Plough Boulevard Interchange at Winchester Boulevard, Tennessee 500,000 

Pompton Lakes Downtown Streetscape ............................................... 650,000 

Port Huron Grade Separation, Michigan ............................................. 500,000 

Port of Brookings Harbor, Boardwalk Expansion, Oregon ................. 225,000 

Port of Oakland, California Inter-Regional Intermodal System ........ 1,000,000 

Port of Ridgefield Grade Crossing Project, Washington ..................... 1,000,000 

Port of Vancouver Fruit Valley Bypass/26th Avenue Extension, 

Washington ......................................................................................... 1,000,000 

Portage County/grade separation on City Highway J South of Highway 10 ................................................................................................. 2,000,000 

Ports-to-Plains Del Rio, Texas .............................................................. 1,000,000 

Ports-to-Plains Eagle Pass, Texas ........................................................ 2,000,000 

Ports-to-Plains, Texas ............................................................................ 2,000,000 

Prattville Park and Creek Walk, Alabama .......................................... 300,000 

Project Design for Improvements to Refugio Road, California .......... 360,000 

Prospect Bridge, Houma, Louisiana ..................................................... 500,000 

Providence Infrastructure and Streetscape Improvements, Rhode 

Island .................................................................................................. 426,000 

Pyramid Highway Corridor, Nevada .................................................... 6,000,000 

Queens Plaza Rebuilding Project, Queens, New York ........................ 1,000,000 

Quinnipiac River Linear Trail, Connecticut ........................................ 500,000 

R Street Development Project, California ............................................ 1,500,000 

Rail Access Corridor Enhancements—Reno, Nevada ......................... 1,000,000 

Railroad bridge project, Mannford, Oklahoma .................................... 750,000 

Railroad Relocation Project, Colorado .................................................. 2,000,000 

Rails to Trails and Florida Street Revitalization Program, West 

Virginia ............................................................................................... 800,000 

Re-align Day Street, Wisconsin ............................................................ 350,000 

Rebuilding of I–25/Broadway and Alameda Interchanges, Colorado 3,300,000 

Reconstruct West Main Street in Waterbury, Connecticut ................ 250,000 

Reconstruction and additional lanes to SH 9 from Tecumseh to 

Seminole, OK ...................................................................................... 1,000,000 

1408 

Project Name Amount 

Reconstruction and Capacity Addition to US 270 from Seminole to 

Wewoka, Oklahoma ........................................................................... 750,000 

Reconstruction of 11th Avenue East, Ashland, Wisconsin ................. 1,600,000 

Reconstruction of Beaser Avenue, Ashland, Wisconsin ...................... 1,500,000 

Reconstruction of Fulton Street in Cypress Hills, New York ............ 1,000,000 

Reconstruction of K–99 in Elk/Greenwood County, Kansas .............. 1,000,000 

Reconstruction of Kickapoo Road in Shawnee, OK from I–40 to 

Wolverine Road .................................................................................. 750,000 

Reconstruction of Kickapoo Road in Shawnee, OK from McArthur 

Road South to Farrell Street in Shawnee ........................................ 1,000,000 

Reconstruction of Old Nichols Road, Smithtown, New York ............. 1,000,000 

Reconstruction of the I–80 and Sierra College Boulevard, California 1,500,000 

Reconstruction/widening of West Main St. Waterbury, Connecticut 500,000 

Reconstruct Washington Street and Park Street and their pedestrian pathways and replace subsurface infrastructure, Tecumseh, 

OK ....................................................................................................... 200,000 

Reconstruction and lane extension of the 10th Street bridge over 

Interstate 40 in Yukon, OK ............................................................... 250,000 

Regatta Park: Harlem River Access, Bronx County, New York ........ 700,000 

Rehabilitation and Reconstruction of AA, Wisconsin ......................... 340,000 

Replacement of the Indian Meridian Bridge over Choctaw Creek in 

Choctaw, OK ....................................................................................... 100,000 

Right-of-Way Purchase for Highway 289 between Highway 56 and 

FM 120 ................................................................................................ 750,000 

Rio Salado Parkway, Arizona ............................................................... 2,500,000 

Rivanna Greenbelt Extension, Virginia ............................................... 30,000 

River Des Peres Greenway, Missouri ................................................... 500,000 

Riverside Avenue Extension, Spokane, Washington .......................... 3,000,000 

Riverside Road Expansion to Highway 169, St. Josephs, Missouri 9,600,000 

Riverwalk Bridge Spit Connection, Town of Jupiter, Florida ............ 500,000 

Roanoke River Greenway, Virginia ...................................................... 500,000 

Roaring Springs Retaining Wall, Pennsylvania .................................. 200,000 

Rolling Mill Hill Greenway Extension, Tennessee ............................. 1,500,000 

Ronald Reagan Parkway, Indiana ........................................................ 850,000 

Rose Crossing Enhancement in Roane County, TN ............................ 1,000,000 

Route 8, Venango County, Pennsylvania ............................................. 1,000,000 

Route 10—Logan County, West Virginia ............................................. 15,000,000 

Route 104/Dominion Boulevard, Chesapeake, Virginia ...................... 1,000,000 

Route 106 Underpass Rehabilitation, Massachussets ........................ 2,000,000 

Route 112 Corridor Management Plan ................................................ 175,000 

Route 12 Upgrade, New York ............................................................... 7,000,000 

Route 132 Connection Project Study Report, California .................... 400,000 

Route 15 Safety Improvements, Virginia ............................................. 1,000,000 

Route 152 Safety Improvements, Santa Clara County, California .... 1,000,000 

Route 168, Southwick, Massachussets ................................................. 960,000 

Route 178 Relocation, Phase II Engineering, Illinois ......................... 1,000,000 

Route 22 Sustainable Corridor, Somerset County, New Jersey ........ 3,000,000 

Route 24/Route 27 Reconfiguration Brockton, Massachusssets ......... 1,000,000 

Route 262—Warren Ave–1880 Grade Separation Phase 1B, California ................................................................................................... 1,250,000 

Route 45 in Cumberland County, Virginia .......................................... 1,000,000 

Route 5, West Springfield, Massachussets .......................................... 4,800,000 

Route 50 traffic calming Loudoun and Fauquier, Virginia ................ 3,000,000 

Route 7 Widening, Reston Parkway to Dulles Toll Road, Virginia 1,000,000 

Route 79 Relocation/Harbor Enhancement Fall River, 

Massachussets .................................................................................... 1,500,000 

Route 8 Improvements, State Project 36–17, Connecticut ................. 1,500,000 

Route 9 improvements, Virginia ........................................................... 1,000,000 

Rt. 60, Howell County, Missouri .......................................................... 3,000,000 

Rutherford Avenue, Boston, Massachusetts ........................................ 1,500,000 

S–236 Claggett Hill Road Construction/Lewis & Clark Ferry Boat 

Facilities, Montana ............................................................................ 2,200,000 

Saddle Road Realignment, Hawaii ....................................................... 5,000,000 

Safe Sidewalk Route Project, Oregon ................................................... 500,000 

Salem City Rail Yard Re-Investment, New Jersey ............................. 500,000 

Salishan Revitalization Project, Tacoma, Washington ....................... 1,800,000 

San Juan County Bridge #5722 Redecking, New Mexico ................... 1,000,000 

1409 

Project Name Amount 

SCAG, California ................................................................................... 1,000,000 

Seaview Avenue Corridor, Connecticut ................................................ 500,000 

Second Avenue Subway, New York ...................................................... 2,500,000 

Second Street Extension, Los Angeles, California .............................. 200,000 

Second Street Transit Pedestrian Corridor, Ft. Lauderdale, FL ....... 1,500,000 

Seward highway recreational improvements, Alaska ......................... 2,000,000 

SH412P Construction, Oklahoma ......................................................... 400,000 

Sheldon Road SR 99 Interchange Project, California ......................... 1,000,000 

Sheridan Road improvements, Evanston, Illinois ............................... 500,000 

Ship Creek Improvements, Alaska ....................................................... 2,000,000 

Shoreline Interurban Trail, Washington ............................................. 500,000 

Short Haul Intermodal Pilot Project, Quincy, Washington ................ 1,000,000 

Sidewalks near Ford Heights, Illinois .................................................. 200,000 

Skagit Valley Hospital Access Improvements, Washington ............... 1,000,000 

Skagit Valley Hospital Transportation Access, Mount Vernon, 

Washington ......................................................................................... 1,000,000 

Smithfield Street Bridge ramp, Pennsylvania .................................... 1,000,000 

Somerset Downtown Revitalization Project, Kentucky ...................... 1,000,000 

South Lake Union Circulation System, Seattle, Washington ............ 1,000,000 

South Valley Connector Project, Idaho ................................................ 3,000,000 

Southcenter Parkway Extension, Tukwila, Washington .................... 1,000,000 

Southern Broadway Extension Improvements, Edmond and Oklahoma City, Oklahoma ........................................................................ 2,000,000 

Southern Kentucky Intermodal Park, Kentucky ................................ 1,000,000 

Spaulding Turnpike/Little Bay Bridges, New Hampshire ................. 5,500,000 

Spring Street Industrial Access Road, Fulton, Mississippi ................ 2,000,000 

SR 167 HOV and SW 27th Strander Boulevard, Washington ........... 750,000 

SR 23 Extension, Florida ...................................................................... 1,000,000 

SR 543/I–5 to International Boundary, Washington .......................... 634,000 

SR 601–Canal Road Connector in Gulfport, Mississippi .................... 2,000,000 

SR 67 and SR 605 from I–110 to US 49, Mississippi ......................... 2,000,000 

SR 67 and SR 605 paving and interchange, Mississippi .................... 1,250,000 

SR–14 Pedestrian Bridge, Vancouver, Washington ............................ 1,500,000 

SR–14, Wastewater Collector Main Truckline Project, White Salmon, Washington ................................................................................... 750,000 

SR–240 Sound Wall & Irrigation Main Relocation, Richland, Washington .................................................................................................. 1,000,000 

SR240 Sound Wall, Richland, Washington .......................................... 1,000,000 

SR–509/SR–518 Interchange/Intersection Redevelopment, Burien, 

Washngton .......................................................................................... 1,500,000 

SR–56/I–5 Northbound Widening, San Diego, California .................. 3,000,000 

St. Joseph Regional Port Authority, Missouri ..................................... 1,000,000 

St. Mary’s College of Maryland Pedestrian Overpass, Maryland ...... 1,000,000 

Stafford County Airport Improvement, Virginia ................................. 500,000 

State Highway 11 Burlington, Wisconsin ............................................ 900,000 

State Highway 176, New Mexico .......................................................... 1,500,000 

State Highway 32 7th Ave–Sheridan Road, Kenosha, Wisconsin ..... 800,000 

State Hwy 6 expansion in Brazos Co., Texas ...................................... 2,000,000 

State Road 746/Southeast Rome Bypass, Georgia .............................. 1,000,000 

State Road 92 Realignment, Georgia ................................................... 2,000,000 

State Route 101 Cumberland County, Tennessee ............................... 1,000,000 

State Route 30/981 Upgrade Project, Pennsylvania ........................... 500,000 

State Route 67, Mapleview to Dye Road SR52 E, California ............. 500,000 

State Route 71/Mission Boulevard Congestion Reduction, California 1,250,000 

State Route 76, California ..................................................................... 1,000,000 

State Route 905, California .................................................................. 1,000,000 

State Street Corridor Redevelopment Project, Massachussets .......... 1,000,000 

State University Transportation Center, South Carolina .................. 3,000,000 

STH 32, 7th Avenue, Sheridan Rd., Kenosha, Wisconsin .................. 3,000,000 

STH 77, West County Line–CTH I, Washburn County, Wisconsin 2,000,000 

STH29 (CTH Y Interchange, Hatley), Wisconsin ................................ 2,000,000 

Street improvements and streetlights, Lynwood, Illinois .................. 150,000 

Street Improvements, Bartonville, Illinois .......................................... 500,000 

Street Improvements, Gardena, California ......................................... 500,000 

Street Improvements, Village of Armington, Illinois .......................... 500,000 

Street Repaving in Williston Park, New York .................................... 1,000,000 

1410 

Project Name Amount 

Street Route 17 Congestion Engineering and Improvement, New 

Jersey .................................................................................................. 2,000,000 

Street Surfacing in Town of Boley, Oklahoma .................................... 200,000 

Streetlights and salt dome for Markham, Illinois ............................... 300,000 

Streetscape and sidewalk improvements, Midfield, Alabama ............ 300,000 

Streetscape Improvements in Cherryland/Ashland, California ......... 1,250,000 

Tacoma Rail Train to the Mountain Project, Washington ................. 2,500,000 

Talladega County Scenic Forrest Road 600–2, Alabama .................... 500,000 

Tamarac Courtyard, Florida ................................................................. 300,000 

Tarpon Springs Community Redevelopment, Florida ........................ 500,000 

Tenth Street Menominee, Michigan ..................................................... 500,000 

Terminal Access Road Right-of-Way Acquisition, Missouri ............... 1,000,000 

TH10, City of Anoka, Minnesota .......................................................... 500,000 

TH23 bypass of Paynesville, Minnesota .............................................. 3,000,000 

The Hamilton Avenue/US 127 At I–275 Improvement, Ohio ............ 500,000 

The Maine Medical Center .................................................................... 1,000,000 

Third Bridge, Salem, Oregon ................................................................ 750,000 

Thomas Cole National Historic Site, New York .................................. 50,000 

Thompson Road Widening, Pike County, Kentucky ........................... 1,000,000 

Tienken Road Widening, Michigan ...................................................... 1,200,000 

Tier One Environmental Impact Study—North Country Transportation Study, New York ..................................................................... 1,000,000 

Tillamook Railroad Tunnel #25, Oregon .............................................. 500,000 

Tiverton Stone Bridge Abutment Repairs, Rhode Island ................... 375,000 

Toledo Downtown Waterfront Redevelopment, Ohio .......................... 1,250,000 

Town of Tribbey Road Improvements, Oklahoma ............................... 200,000 

Town of Windermere, traffic calming, Florida .................................... 250,000 

Traffic Calming in the City of Riviera Beach, Florida ....................... 500,000 

Trailways Station Revitalization and Visitors Center, Georgia ........ 1,000,000 

Train-to-Mountain, WA ......................................................................... 1,250,000 

Transport 2020, Madison, WI ............................................................... 500,000 

Transportation Project at the University of Arizona Science Center 

at Rio Nuevo, Arizona ........................................................................ 500,000 

Transportation Technology Center, Auburn University, Alabama .... 35,000,000 

Trenton Channel Bridge, Michigan ...................................................... 1,200,000 

Trinity River Vision Neighborhood Linkage, Texas ............................ 500,000 

Trotwood Center City Roundabout, Ohio ............................................ 1,000,000 

Trunk Highway 241, St. Michael, Minnesota ...................................... 2,000,000 

Trunk Highway 610/10, Minnesota ...................................................... 1,000,000 

Trunk Highway 610/10, Minnesota ...................................................... 2,000,000 

Turquoise Trail Project (BIA 4), Arizona ............................................. 1,000,000 

Tuscaloosa Downtown Revitalization, Alabama .................................. 10,000,000 

Twin Peaks Road Corridor, Arizona ..................................................... 4,500,000 

US 19 Right Turn Lanes in Pasco County, Florida ............................ 1,000,000 

US 41/I–176 Interchange Improvement Phase 1 study, Illinois ........ 800,000 

US 412 Mountain Home to Hwy. 101, Arkansas ................................ 2,000,000 

US 412 Paragould to Big Slough Ditch, Arkansas .............................. 1,000,000 

US 63 in Waterloo improvement, Iowa ................................................ 2,500,000 

US Highway 52/CSAH 42 Interchange, Minnesota ............................ 250,000 

US Highway 101 Improvement Program, California .......................... 800,000 

US Highway 12 Upgrade, Burbank to Walla Walla, Washington ..... 1,000,000 

US Highway 14 Corridor Expansion, Minnesota ................................ 500,000 

US Highway 287, Wyoming .................................................................. 750,000 

US Highway 287, Wyoming .................................................................. 4,000,000 

US Highway 41A Hopkins County, Kentucky ..................................... 1,000,000 

US Highway 52 in Olmsted County, Minnesota ................................. 500,000 

US Highway 54 Expressway Design Study, Missouri ........................ 400,000 

US Highway 6 improvements Coralville, Iowa ................................... 1,000,000 

US Highway 63 Bypass near Kirksville, Missouri .............................. 500,000 

US Highway 87 Improvements—Value Added Commodity Processing Center, Montana ..................................................................... 500,000 

US Hwy 85 safety passing lanes, Wyoming ........................................ 250,000 

US Hwy 151 Dickeyville, Belmont, Wisconsin .................................... 2,000,000 

US Route 13 Corridor Redevelopment, Pennsylvania ........................ 500,000 

US Route 35 Improvements, Mason County, West Virginia .............. 3,000,000 

UCONN Hillside Road Extension, Connecticut .................................. 4,000,000 

1411 

Project Name Amount 

Union Passenger Terminal Planning and Master Plan, New Orleans Regional Planning Commission, LA .......................................... 500,000 

University of Kentucky Academy for Community Transportation 

Innovation ........................................................................................... 1,000,000 

University of Southern Indiana Perimeter Road Project ................... 1,500,000 

UP/Sunset Avenue Grade Separation, Banning, California ............... 500,000 

Upgrade MO Rte 94—Page Ave Extension/Phase II, Missouri ......... 1,000,000 

Urban Center Access Improvement Project, Tukwila, Washington .. 1,000,000 

US 113 Upgrade, Maryland .................................................................. 2,000,000 

US 113, Maryland .................................................................................. 1,500,000 

US 17 & Bowman Road Interchange, Mount Pleasant, South Carolina ...................................................................................................... 750,000 

US 17–92/Horatio Ave, Maitland, Florida ........................................... 800,000 

US 18 from west of Okreek to Carter in Todd County ....................... 1,500,000 

US 18 from West of Okreek to Carter in Todd County, South Dakota ...................................................................................................... 2,000,000 

US 20 Expressway, Webster County, Iowa ......................................... 250,000 

US 224—Mahoning County/Canfield Improvements, Ohio ................ 1,700,000 

US 231/I–10 Freeway Connector, Alabama ......................................... 10,000,000 

US 278 Corridor, South Carolina ......................................................... 1,000,000 

US 278, South Carolina ........................................................................ 1,000,000 

US 287 Ennis Bypass, Texas ................................................................ 1,000,000 

US 287–SH 116, Colorado ..................................................................... 500,000 

US 290 Improvements, Texas ............................................................... 1,000,000 

US 301 and University Parkway Intersection, Manatee City, Florida ........................................................................................................ 500,000 

US 321 in Burke, Caldwell and Catawba Counties, North Carolina 1,000,000 

US 321/US 11 Overpass project, Tennessee ........................................ 1,000,000 

US 49 from Florence to I–20, Mississippi ............................................ 1,000,000 

US 51–SR 43 Connector Road in Canton, Mississippi ....................... 1,500,000 

US 54, Kingman County, Kansas ......................................................... 2,000,000 

US 59 2.3 mi NE of US 181 to US 181, Texas .................................... 500,000 

US 74 Bypass Monroe, North Carolina ............................................... 1,000,000 

US 74 Future I–74 in Robeson County, North Carolina .................... 2,000,000 

US 82 from FM 1417 to US 69, Texas ................................................. 750,000 

US 82—Mississippi River Bridge and Bypass ..................................... 2,500,000 

US 87 Big Spring Bypass, Texas .......................................................... 500,000 

US 97 Redmond, Oregon bypass, Oregon ............................................ 1,000,000 

US–12 Widening, Wallula Junction to Walla Walla, Washington ..... 1,250, 000 

US–231/I–10 Freeway Connector, Alabama ........................................ 1,000,000 

US27, Indiana ........................................................................................ 500,000 

US–278 expansion, downtown Cullman to East Point, Alabama ...... 500,000 

US–6, MP 256 Junction of US-6 and SR-123, Emery County, Utah 3,000,000 

US–81 & Highway 30 Arterial, Columbus, Nebraska ........................ 1,000,000 

US–89, Railroad Bridge Replacement, Pleasant Grove, Utah ........... 2,000,000 

US90 Construction, Texas ..................................................................... 1,000,000 

US–95 from Worley to Mica, Idaho ...................................................... 3,000,000 

USH 53 (Eau Claire Bypass), Wisconsin ............................................. 2,000,000 

USH2 West County Line Beaser Avenue, Ashland County, Wisconsin .................................................................................................. 2,000,000 

UW-Superior Invasive Species Ballast Water Research ..................... 500,000 

Van Ness Avenue Project, California ................................................... 1,000,000 

Vasco Road Safety Improvments, California ....................................... 500,000 

Ventura County Farm Crossings, California ....................................... 500,000 

Vermont Police and Fire Academy Training Skid Pad ....................... 500,000 

Vestavia Hills Pedestrian Walkway, Alabama .................................... 200,000 

Veterans Field pedestrian walkway/bike path, New Jersey .............. 625,000 

Veterans Park Infrastructure, Rockdale County, Georgia ................. 1,000,000 

Victory Extension Project, CSAH 82, Mankato, Minnesota ............... 500,000 

Village of Mineola Road Evaluation, New York .................................. 20,000 

Village of Schuylerville, New York ....................................................... 1,500,000 

Wachusett Park and Ride, Massachusetts .......................................... 750,000 

Wake Forest Department of Health Sciences and PTRP Research 

Program, North Carolina ................................................................... 2,500,000 

Wakulla County: US 319 Improvements, Florida ............................... 3,000,000 

Walden Point Road (Metlakatla), Alaska ............................................ 2,000,000 

Waldron Road Widening Near I–24, Tennessee .................................. 500,000 

1412 

Project Name Amount 

Waldvogel Memorial Viaduct Improvement, Ohio .............................. 1,000,000 

Walton Street Bridge, New York .......................................................... 800,000 

Washington County Hardesty Road Bridge, Kentucky ...................... 525,000 

Washington State Produce Rail Car Program, Washington .............. 1,000,000 

Water Street Bridge, Fitchburg, Massachussets ................................. 728,000 

Waukee/West Des Moines I–80 Interchange, Iowa ............................. 1,500,000 

Waverly, Ohio South Connector, Ohio ................................................. 1,000,000 

West Fork Road—Red Lodge, Montana ............................................... 400,000 

West Harlem Transportation and Revitalization Improvements, 

Manhattanville, NY ........................................................................... 300,000 

West Laredo Trade Corridor, Texas ..................................................... 3,000,000 

West Philadelphia Streetscape/Gateway Improvements, Pennsylvania .................................................................................................... 1,500,000 

Western Madison County Streetscape Development, Alabama ......... 1,000,000 

Western Placerville Interchanges, California ...................................... 1,000,000 

Western Route Project, Indiana ........................................................... 500,000 

Westside Connector Project, Utah ........................................................ 1,000,000 

WestStart Vehicular Flywheel Project, Washington ........................... 500,000 

Whitefish Pedestrian and Bicycle Trails, Montana ............................ 191,000 

Widen I–66 westbound inside the Capital Beltway, Virginia ............ 1,000,000 

Widening of SR 50 from US 27 to Orange County Line ..................... 1,000,000 

Widening of Van Dyke Avenue, Michigan ........................................... 1,000,000 

Wilcox County Industrial Development Authority, Alabama ............ 300,000 

Wilmington-Newark Commuter Rail Improvements, Delaware ........ 5,000,000 

Winfield Pedestrian Tunnel, Illinois .................................................... 1,000,000 

Yakima Grade Separations, Washington ............................................. 500,000 

Yannuzi Drive/Bradford Street, Bradford County, Pennsylvania ...... 100,000 

Ygnacio Valley Road Pedestrian/Bike Improvements, California ...... 800,000 

Cook-DuPage, Multi-Modal Corridor.—The conferees understand that the Illinois Department of Transportation is considering 

reconstruction or expansion of the Eisenhower Expressway (I–290) 

that passes through Oak Park, Illinois. The conferees have provided $1,000,000 for further study of a cap over all or portions of 

I–290 as it passes through Oak Park. If such a cap is determined 

to be feasible, the conferees intend for the cap to be funded concurrently with any project to reconstruct or expand I–290 through Oak 

Park. 

The conference agreement includes a provision (Sec. 118) that 

rescinds transportation infrastructure finance and innovation act 

funds. 

The conference agreement includes a provision (Sec. 119) that 

makes the Port of Anchorage eligible for certain highway programs, 

as proposed by the Senate. 

The conference agreement includes a provision (Sec. 120) that 

relates to RETRAC project contingency fund for payment of 

projects. 

The conference agreement includes a provision (Sec. 121) that 

names the Hoover Dam Bypass Bridge, as proposed by the Senate. 

The conference agreement includes a new provision (Sec. 122) 

allowing Nevada and Arizona to reimburse debt service payment on 

the Bypass Bridge at Hoover Dam project with future apportionments, in accordance with title 23 United States Code. 

The conference agreement includes a provision (Sec. 123) that 

prohibits funding for the development or dissemination of any programmatic agreement making the Interstate eligible under the National Register of Historic Places, as proposed by the House. 

The conference agreement includes a provision (Sec. 124) that 

rescinds unobligated balances associated with completed demonstration or high priority projects from previous laws. 

1413 

The conference agreement includes a provision (Sec. 125) that 

makes certain projects and activities eligible to receive fiscal year 

2005 grants. 

The conference agreement includes a provision (Sec. 126) that 

provides an appropriation for the replacement of the Belleair 

Causeway Bridge in Pinellas County, Florida. 

The conference agreement includes a provision (Sec. 127) regarding the I–10 Bridge spanning Escambia Bay in Escambia and 

Santa Rosa Counties, Florida. 

The conference agreement includes a provision (Sec. 128) that 

amends section 14003 of Public Law 108–287. 

FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION

MOTOR CARRIER SAFETY

LIMITATION ON ADMINISTRATIVE EXPENSES

(HIGHWAY TRUST FUND)

The conference agreement includes a limitation of 

$257,547,000 for the Federal Motor Carrier Safety Administration’s 

administrative expenses and grant programs, instead of 

$248,480,000 as proposed by the House and $260,000,000 as proposed by the Senate. The conference agreement provides funding in 

the following manner: 

Conference level 

General and border operating expenses .............................................. $125,229,000 

New entrant program (Federal portion) .............................................. 3,000 000 

New entrant (state grants portion) 1 .................................................... 13,200,000 

Hazardous materials permitting program ........................................... 2,000,000 

Conditional carrier review program ..................................................... 2,000 000 

Household goods enforcement ............................................................... 1,300,000 

Administrative infrastructure .............................................................. 8,000,000 

Regulatory development ........................................................................ 11,143,000 

HAZMAT sampling ................................................................................ 200,000 

HAZMAT routing ................................................................................... 500,000 

Non-entrant initiative ........................................................................... 1,000,000 

Information Management ..................................................................... 18,500,000 

Crash data collection ............................................................................. 7,400,000 

Outreach and education ........................................................................ 2,200,000 

Commercial driver’s license improvement grants ............................... 20,000,000 

Total Northern and Southern border grants ....................................... 33,000 000 

Hotline .................................................................................................... 375,000 

Research and technology ....................................................................... 8,500,000 

1 In addition to the $13,200,000 provided in this account, another $17,000,000 is provided 

under the National motor carrier safety program. 

New entrant program.—The conference agreement provides a 

total of $30,200,000 for the new entrant program, of which 

$13,200,000 is provided under this limitation and an additional 

$17,000,000 is provided for state grants under the motor carrier 

safety assistance program. The conferees continue the program 

structure developed in fiscal year 2004 that provides the majority 

of funding for this program in the form of state grants, therefore, 

only $3,000,000 is for oversight and other Federal responsibilities. 

The conferees direct that FMCSA report to both the House and 

Senate Committees on Appropriations by March 1, 2005, regarding 

the use of this Federal portion of the program, and an explanation 

of the new entrant audit procedure improvements and plans to 

1414 

maximize the program’s safety benefits and to enhance carrier compliance. 

Household goods enforcement.—The conference agreement pro- vides $1,300,000 for household goods enforcement. This is an adequate level to maintain seven FTE provided in fiscal year 2004. 

The agreement does not provide for five new safety specialists proposed by the Senate. The conferees direct FMCSA to report to both 

the House and Senate Committees on Appropriations regarding the 

use of the household goods enforcement funds by March, 1, 2005. 

Outreach and education.—The conferees provide a total of $2,200,000 for outreach and education. Of this amount, $1,500,000 

is for household goods outreach, $150,000 is for motorcoach and 

school bus transportation service selection, $50,000 is for the safety 

is good business program, and $500,000 is to increase safety belt 

usage among commercial motor vehicle drivers. No funds are provided for the share the road safely program; however, the conferees 

direct FMCSA to detail one FTE to NHTSA for the share the road 

safely program for a period ending on the date of enactment of a 

fiscal year 2006 Transportation and Treasury and Independent 

Agencies appropriations Act, other than a continuing resolution. No 

funds are provided for the public outreach and evaluation program 

as proposed by the Senate. 

The conference agreement retains language proposed by the 

House directing FMCSA to develop strategies that link outreach 

and education program initiatives to each goal with a reporting 

date of April 10, 2005. 

Working capital fund (WCF) desktop services and electronic 

government (E-gov).—The conferees provide no separate funding for 

WCF desktop services or e-gov, but direct FMCSA to absorb costs 

associated with these activities within funds provided under this 

limitation, other than grant funds, and report back to the House 

and Senate Committees on Appropriations on the planned amounts 

for these activities and funding sources with the 2005 operations 

plan, and actual amounts and funding sources in future budget justifications. 

Safety Status Measurement System (Safestat).—The conferees 

retain the House language directing FMCSA to implement the Inspector General’s recommendation in its February 13, 2004 report 

Improvements Needed in the Motor Carrier’s Safety Status Measurement System. 

Form M.—The conferees retain House and Senate language denying the request to transfer responsibility and funding for Form 

M from BTS to FMCSA. 

Compliance Reviews and Safety Audits.—The conferees reiterate the House and Senate reporting requirements regarding compliance reviews and safety audits with a reporting date of February 

7, 2005. 

Research and Technology.—Within amounts for research and 

technology, the conferees direct $500,000 for the testing and evaluation of both stationary and mobile radiation detection devices, 

and, as proposed by the Senate, $200,000 to study the correlation 

between driver history and future safety violations. 

Commercial drivers license (CDL) program.—The conference 

agreement provides $21,000,000 for the commercial driver’s license 

1415 

improvement grants program, and retains the directive in both the 

House and Senate reports directing FMCSA to initiate a rule requiring all CDL applicants to provide proof of citizenship or legal 

presence in the U.S., consistent with the Inspector General recommendation. FMCSA shall initiate a rulemaking by May 30, 

2005. The conference agreement retains the House language encouraging FMCSA to continue working to improve all aspects of the 

CDL program, including sponsoring pilot projects to ensure drivers 

who have been convicted of a disqualifying offense do not operate 

during the period of suspension or revocation. 

NATIONAL MOTOR CARRIER SAFETY PROGRAM

(HIGHWAY TRUST FUND)

The conference agreement provides liquidating cash appropriation of $190,000,000 for the national motor carrier safety program 

as proposed by both the House and the Senate. 

(LIMITATION ON OBLIGATIONS)

The conference agreement includes a limitation on obligations 

of $190,000,000 for motor carrier safety grants as proposed by both 

the House and the Senate. 

The conference agreement provides funding for the national 

motor carrier safety program as follows: 

Amount 

Motor carrier safety assistance program ............................................. $169,000,000 

Basic motor carrier safety grants .................................................. (133,350,000) 

Performance based incentive grant program ............................... (7,100,000) 

High-priority activities ................................................................... (9,450,000) 

New entrant grants ........................................................................ (17,000,000) 

State training and administration ................................................ (2,100,000) 

Crash causation (Sec. 224(f) MCSIA) ................................................... (1,000,000) 

Information systems and strategic safety initiatives .......................... 20,000,000 

Data analysis and information systems ....................................... (14,000,000) 

Implementation of PRISM ............................................................. (5,000,000) 

Driver programs (CDL grants) ...................................................... (1,000,000) 

Within the funds provided for FMCSA’s high priority initiative 

program, the conference agreement provides $250,000 to Auburn 

University for using a genetic algorithm with computational fluid 

dynamic codes, validated using wind tunnel and water tunnel testing, in developing a comprehensive method for optimizing the 

shape of tractor-trailer rigs; $250,000 to continue the Hazardous 

Material Transportation safety and security testing, including conducting research on cost and benefits of using industry-standard 

truck disabling technologies, establishing best practices for safety 

and security applications of remote vehicle disabling technologies 

in trucking operations, and conducting field operational testing of 

this technology; $150,000 to the Transportation Research Center at 

Georgia Tech University; and $150,000 for FMCSA to conduct a 

survey of the States’ entry level CDL programs to determine the 

adequacy of each State’s CDL entry-level driving test. The conferees direct that FMCSA provide the findings of such a survey 

with recommendations to ensure each State administers a sufficiently demanding entry-level CDL driving test to the House and 

Senate Committees on Appropriations no later than June 1, 2005. 

1416 

GENERAL PROVISIONS—FEDERAL MOTOR CARRIER SAFETY

ADMINISTRATION

The conference agreement includes a provision (Sec. 130) that 

subjects funds appropriated in this Act to the terms and conditions 

of section 350 of Public Law 107–87, including that the Secretary 

submit a report on Mexico-domiciled motor carriers. This provision 

was proposed by both the House and Senate. 

The conference agreement includes a provision (Sec. 131) that 

prohibits the use of funds in this Act to implement or enforce any 

provision of the Final Rule issued on April 16, 2003 as it applies 

to operators of utility service vehicles and motion picture and television production drivers working at a site within 100 air mile radius of the reporting location for the period ending December 31, 

2005. 

The conference agreement includes a provision (Sec. 132) that 

prohibits the use of funds in this Act to issue or implement a specific proposed regulation as it relates to a phase in period to bring 

vehicles into compliance. The conferees direct FMCSA to coordinate 

and communicate with trucking firms and manufacturers affected 

by this provision to ensure that they understand their responsibilities, potential deadlines, and consequences. The conferees direct 

FMCSA to notify the House and Senate Committees on Appropriations regarding the steps that will take place to meet this coordination requirement. 

NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION

OPERATIONS AND RESEARCH

(LIQUIDATION OF CONTRACT AUTHORIZATION)

(LIMITATION ON OBLIGATIONS)

(HIGHWAY TRUST FUND)

The conference agreement provides a total program level of 

$232,986,000 for highway and traffic safety activities, instead of 

$223,114,000 as proposed by the House and $228,300,000 as proposed by the Senate. The limited amounts for obligation include 

$157,386,000 for operations and research, $72,000,000 for operations and research, and $3,600,000 for the national driver register. 

The following table summarizes the conference agreement for 

operations and research by budget activity: 

Salaries and benefits ............................................................................. $71,700,000 

Travel ...................................................................................................... 1,347,000 

Operating expenses ............................................................................... 23,801,000 

Contract programs: 

Safety performance (rulemaking) .................................................. 11,383,000 

Safety assurance (enforcement) ..................................................... 18,277,000 

Highway safety programs .............................................................. 51,493,000 

Research and analysis .................................................................... 70,521,000 

General administration .................................................................. 779,000 

Grant administration reimbursements ................................................ ¥16,306,000 

Total ............................................................................................. 232,986,000 

1417 

OPERATING EXPENSES

The conference agreement provides no more than $2,900,000 

for NHTSA computer support, $100,000 for harmonization efforts, 

and no funding for workforce development or e-gov initiatives from 

OST. 

SAFETY ASSURANCE

The conference agreement provides an additional $250,000 for 

2 additional full-time staff years for enforcement actions against 

non-compliant vehicles, as proposed by the House. 

SAFETY PERFORMANCE

The conference agreement provides an additional $200,000 to 

accelerate the purchase schedules for NCAP vehicle testing, as proposed by the Senate. 

HIGHWAY SAFETY PROGRAMS

The conference agreement provides the following funding levels 

for highway safety programs: 

Impaired Driving ................................................................................... $13,145,000 

Judicial and prosecutorial awareness ........................................... (1,500,000) 

Target popluations .......................................................................... (500,000) 

Drug Evaluation and Classification ..................................................... 0 

Pedestrian/Bicycle safety ...................................................................... 2,450,000 

Pedestrian accident study .............................................................. (50,000) 

South Carolina DOT’s Older Drivers & Pedestrian Signage 

Demonstration Project ................................................................ (800,000) 

WPI Center for Human Impact Protection Systems ................... (400,000) 

Motorcycle safety ................................................................................... 744,000 

National Occupant Protection ............................................................... 11,600,000 

Enforcement and Justice Services ........................................................ 2,217,000 

Emergency Medical Services ................................................................. 3,520,000 

NEMSIS implementation ............................................................... (250,000) 

TraumaLink, Philadelphia PA ...................................................... (500,000) 

USA Center for Rural Vehicle Research ....................................... (500,000) 

Records and Licensing ........................................................................... 4,900,000 

Interstate digital image exchange project .................................... (2,300,000) 

Highway Safety Research ..................................................................... 8,050,000 

Driver’s Edge Safety Program, Nevada ........................................ (400,000) 

FAMU—FSU Transportation Safety Research Center ................ (800,000) 

Emerging Traffic Safety Issues ............................................................ 1,187,000 

Share the Road Safely ........................................................................... 100,000 

NAS Tire Study ...................................................................................... 250,000 

NOPUS ................................................................................................... 1,600,000 

National Driver Register ....................................................................... 2,000,000 

Share the road safely program.—The conference agreement directs NHTSA to lead the implementation of the share the road 

safely program for fiscal year 2005, as proposed by the House and 

the Senate. In addition, FMCSA is directed to work cooperatively 

with NHTSA and to provide one full-time detailee to work with 

NHTSA staff, as proposed by the Senate. 

NAS tire efficiency study.—The conferees direct NHTSA to provide an update to the House and Senate Committees on Appropriations on the status of the NAS tire efficiency study by December 

31, 2004, as proposed by the House. 

Plastic and composite vehicles.—The conferees recognize the 

development of plastics and polymer-based composites in the autoVerDate Aug 04 2004 07:33 Dec 01, 2004 Jkt 096906 PO 00000 Frm 01421 Fmt 6601 Sfmt 6601 E:\HR\OC\HR792.XXX HR792
1418 

motive industry and the important role these technologies play in 

improving and enabling automobile performance. The conferees encourage NHTSA to develop a program to examine possible safety 

benefits of Lightweight Plastic and Composite Intensive Vehicles 

(PCIV). The program will help facilitate a foundation between 

DOT, the Department of Energy and industry stakeholders for the 

development of safety-centered approaches for future light-weight 

automotive design. 

RESEARCH AND ANALYSIS

The conference agreement provides the following funding levels 

for research and analysis: 

Crashworthiness .................................................................................... $25,675,000 

Southern Consortium for Injury Biomechanics ............................ (2,000,000) 

University of Vermont & Fletcher Allen Healthcare ................... (1,000,000) 

Crash Avoidance .................................................................................... 10,198,000 

Fatigue eye-tracking & monitoring research ............................... (300,000) 

Visual loss research ........................................................................ (100,000) 

National Center for Statistics & Analysis ........................................... 25,119,000 

Additional FARS funding ............................................................... (850,000) 

Vehicle Research & Test Center ........................................................... 1,020,000 

Crash Causation Study ......................................................................... 7,000,000 

Crash Avoidance Initiative ................................................................... 500,000 

Early Fatality Notification System ...................................................... 1,000,000 

OPERATIONS AND RESEARCH

(LIQUIDATION OF CONTRACT AUTHORIZATION)

(LIMITATION ON OBLIGATIONS)

(HIGHWAY TRUST FUND)

The conference agreement limits obligations for operations and research to $72,000,000, as proposed by the Senate. 

NATIONAL DRIVER REGISTER

(LIQUIDATION OF CONTRACT AUTHORIZATION)

(LIMITATION ON OBLIGATIONS)

(HIGHWAY TRUST FUND)

The conference agreement limits obligations for the national 

driver register to $3,600,000, as proposed by the House. 

HIGHWAY TRAFFIC SAFETY GRANTS

(LIQUIDATION OF CONTRACT AUTHORIZATION)

(LIMITATION ON OBLIGATIONS)

(HIGHWAY TRUST FUND)

The conference agreement limits obligations for highway traffic 

safety grants to $225,000,000, as proposed by both the House and 

the Senate. 

Highway safety oversight.—The conference agreement does not 

agree to include language pertaining to highway safety grant oversight, as proposed by the Senate. This exclusion is based upon assurances that NHTSA will actively pursue their oversight responVerDate Aug 04 2004 07:33 Dec 01, 2004 Jkt 096906 PO 00000 Frm 01422 Fmt 6601 Sfmt 6601 E:\HR\OC\HR792.XXX HR792
1419 

sibilities relating to state obligation of grant monies. Furthermore, 

NHTSA shall ensure that the House and Senate Committees on 

Appropriations are kept apprised of NHTSA’s progress. 

GENERAL PROVISIONS—NATIONAL HIGHWAY TRAFFIC SAFETY

ADMINISTRATION

The conference agreement includes a provision (Section 140) allowing States to use highway traffic safety grant funds for highway 

safety public service messages, as proposed by the House and Senate. No more than 30% of funds for impaired driving media support 

may go to the 13 strategic states, instead of 60%, as proposed by 

the House. 

The conference agreement includes a provision (Section 141) 

directing NHTSA to administer the share the road safely program 

and prohibiting funds from being transferred to any other Federal 

agency, as proposed by the Senate. 

The conference agreement includes a provision (Section 142) allowing NHTSA to use the funds necessary to carry out provisions 

of section 157, as proposed by the Senate. 

FEDERAL RAILROAD ADMINISTRATION

SAFETY AND OPERATIONS

The conference agreement provides $139,769,000 for Safety 

and Operations, instead of $137,738,000 as proposed by the House 

and $139,849,000 as proposed by the Senate. The conferees approve 

17 new positions for FRA: 8 inspectors, 8 inspector trainees, and 

1 passenger rail staff. The agreement provides $275,000 for a central training facility and $1,500,000 for a track geometry vehicle. 

The agreement denies $193,000 for e-gov initiatives requested by 

OST, $500,000 for a fatigue study, and $300,000 for workforce 

planning efforts. 

RAILROAD RESEARCH AND DEVELOPMENT

The conference agreement provides $36,025,000 for Railroad 

Research and Development, instead of $33,289,000 as proposed by 

the House and $35,225,000 as proposed by the Senate. Within the 

amount provided, the conferees have provided $250,000 for the 

WVU constructed facility center, $2,000,000 for Marshall University and the University of Nebraska for safety and research programs in rail equipment, human factors, and track and rail safety 

related issues, and $6,800,000 for NDGPS. 

RAILROAD REHABILITATION AND IMPROVEMENT PROGRAM

RRIF loan repayment.—The conferees include bill language directing Amtrak to repay the 2002 RRIF loan in five equal annual 

installments over a five-year period. The conferees are concerned 

that, in annually seeking deferral of its obligations to repay the 

Federal Government, Amtrak jeopardizes the future of the Railroad 

Rehabilitation and Improvement Financing Program. This program 

was established to meet the essential infrastructure investment 

needs of the rail industry, in particular the small and regional 

freight railroads that are essential to the economic competitiveness 

1420 

of many parts of rural and small town America. Continuation of 

such deferrals could set a dangerous precedent for Federal credit 

programs. The conferees believe that no one, including a quasi-governmental entity such as Amtrak, should be exempt from meeting 

its financial obligations to the Federal Government in a timely 

manner. Clearly, Amtrak agreed to a repayment schedule that it 

knew, or at least should have known, would jeopardize its ability 

to undertake infrastructure repairs critical to safe and reliable 

intercity and commuter passenger transportation, particularly in 

the Northeast Corridor. This is a lesson that should not be lost on 

Amtrak if it should again contemplate funding capital improvements with debt. The conferees direct Amtrak and the FRA to 

enter into a realistic repayment schedule that will permit repayment of the principal and interest of the RRIF loan owed to the 

Federal Government by Amtrak, while mitigating the impact of 

this debt obligation on Amtrak’s capital program. 

NEXT GENERATION HIGH-SPEED RAIL

The conference agreement provides $19,650,000 for Next Generation High-Speed Rail, instead of $11,000,000 as proposed by the 

House and $20,000,000 as proposed by the Senate. The agreement 

provides the following funding allocations: 

Train Control Systems .......................................................................... $7,500,000 

North American joint PTC project ................................................ (6,500,000) 

Train Control—TTC ....................................................................... (1,000,000) 

High-Speed Non-Electric Locomotives ................................................. 1,700,000 

DMU compliance and demonstration, Florida ............................. (400,000) 

DMU compliance and demonstration, New Jersey ...................... (400,000) 

Grade Crossing & Innovative Technologies ......................................... 4,350,000 

Alaska RR luminescent grade crossings ....................................... (1,000,000) 

Vicksburg, MS Fairgrounds St grade crossing ............................. (1,000,000) 

Assembly Street, South Carolina .................................................. (600,000) 

High-speed rail improvements between NYC and Albany, NY (350,000) 

Track/Structures Technology ................................................................ 1,000,000 

Corridor Planning .................................................................................. 3,100,000 

Gulf Coast High Speed Rail Corridor Study ................................ (1,000,000) 

Memphis Region High Speed Rail Study ..................................... (400,000) 

Spokane Region High Speed Rail Corridor Study ....................... (1,000,000) 

New England High Speed Rail Boston-Springfield-New Haven 

Corridor Study ............................................................................ (700,000) 

Maglev .................................................................................................... 2,000,000 

California-Nevada Interstate Maglev Project .............................. (1,000,000) 

Pennsylvania Maglev Deployment Project ................................... (1,000,000) 

Magnetic levitation.—Section 1218 of TEA–21 established a 

magnetic levitation deployment program to be administered by the 

FRA. Last year, the conferees requested that FRA perform a costbenefit comparison report of magnetic levitation to other modes of 

travel. Although FRA has not completed the report, the conferees 

are awaiting the receipt of the final draft. 

Rail-highway crossing hazard eliminations.—The conference 

agreement also provides the following funding allocations for railhighway grade crossing mitigation: 

Hamilton Boulevard, Mobile, Alabama ................................................ $1,000,000 

City of Spartanburg rail crossing mitigation, South Carolina ........... 1,075,000 

Safety and Mitigation Rail Relocation in Auburn, Maine .................. 500,000 

Harrisburg CorridorOne Track Safety, Pennsylvania ........................ 550,000 

McCord Road, Lucas County, Ohio, grade separation ........................ 1,000,000 

Illinois statewide highway-rail crossing safety program .................... 400,000 

1421 

Vermont statewide highway-rail crossing safety ................................ 325,000 

Wisconsin railway-highway crossing elimination ............................... 400,000 

Rock Island rail line, Oklahoma.—The conferees are aware of 

an unused rail line, which runs from McAlester to Oklahoma City, 

Oklahoma, that has been the subject of acquisition negotiations for 

a number of years. The conferees encourage all parties involved to 

reach a reasonable settlement expeditiously, so that this important 

rail link can be rehabilitated and reopened as soon as possible. 

ALASKA RAILROAD REHABILITATION

The conference agreement provides $25,000,000 for the rehabilitation expenses of the Alaska Railroad, as proposed by the Senate. 

GRANTS TO THE NATIONAL RAILROAD PASSENGER CORPORATION

The conference agreement provides $1,217,000,000 for quarterly grants to Amtrak, as proposed by the Senate. Of this amount, 

no less than $500,000,000 is provided for capital grants, as proposed by the House. The conference agreement retains report language proposed by the House regarding operating and capital 

plans, Amtrak financial information, monthly reporting requirements, state-assisted intercity rail service, and capital asset valuation. 

Amtrak common stock redemption.—The Amtrak Reform and 

Accountability Act of 1997 (AARA) directed Amtrak to redeem all 

common stock at fair market value by October 1, 2002 in order to 

rid Amtrak of certain of its financial encumbrances so that Amtrak 

could position itself to seek and receive investor funds and other 

private financing. The date of the mandated redemption has 

passed, the redemption has not occurred, and the parties are not 

engaged in resolving the matter of evaluation of such stock at Fair 

Market Value, thwarting clear Congressional intent. The conferees 

urge these parties to resolve this matter expeditiously. 

GENERAL PROVISIONS—FEDERAL RAILROAD ADMINISTRATION

The conference agreement includes a provision (Section 150) 

that requires the Secretary of Transportation to continue development and implementation of a fair competitive bid procedure, as 

proposed by both the House and the Senate. 

The conference agreement includes a provision (Section 151) 

that allows FRA to provide reimbursement to employees for home 

internet connections, as proposed by the House. 

The conference agreement includes a provision (Section 152) 

that clarifies the intent of Federal funds provided to the Alaska 

Railroad, as proposed by the Senate. 

The conference agreement includes a provision (Section 153) 

that directs DOT to award a grant included in P.L. 108–199 for 

KBS Railroad in Illinois, as proposed by the Senate. 

The conference agreement includes a provision (Section 154) 

that expands the Northern New England High Speed Rail Corridor. 

The conference agreement includes a provision (Section 155) 

that directs Amtrak to submit to the House and Senate CommitVerDate Aug 04 2004 07:33 Dec 01, 2004 Jkt 096906 PO 00000 Frm 01425 Fmt 6601 Sfmt 6601 E:\HR\OC\HR792.XXX HR792
1422 

tees on Appropriations in fiscal year 2005 a report detailing Amtrak’s obligations pursuant to 49 U.S.C. 24306(a). 

FEDERAL TRANSIT ADMINISTRATION

ADMINISTRATIVE EXPENSES

The conference agreement provides $78,000,000 for administrative expenses, as proposed by the Senate. Within this total, the 

conference agreement provides the following funding levels for FTA 

offices: 

Office of the Administrator ................................................................... $900,000 

Office of Administration ........................................................................ 6,520,000 

Office of Chief Counsel .......................................................................... 4,100,000 

Office of Communications & Congressional Affairs ............................ 1,243,000 

Office of Program Management ............................................................ 7,396,000 

Office of Budget and Policy ................................................................... 6,929,000 

Office of Research, Demonstration and Innovation ............................ 4,645,000 

Office of Civil Rights ............................................................................. 3,013,000 

Office of Planning and Environment .................................................... 4,171,000 

Regional Offices ..................................................................................... 20,150,000 

Central Account ..................................................................................... 16,433,000 

National Transit Database ................................................................... 2,500,000 

Transfer authority.—The conference agreement provides transfer authority of 5% among administrative offices. The conferees direct FTA to provide quarterly updates to the House and Senate 

Committees on Appropriations on all transfers of funding within 

the administrative office structure. 

FY06 budget request.—Within the FY06 budget request, the 

conferees direct FTA to submit an office-by-office breakdown, as 

proposed by both the House and Senate and an analysis of new 

start project technical assistance, as proposed by the House. 

Full funding grant agreements (FFGAs).—The conference 

agreement retains language proposed by the House detailing notification of Congress of procedures prior to the execution of a FFGA. 

In addition, the conference agreement retains language proposed 

by the House regarding notification of advancement of projects into 

preliminary engineering or final design. 

Revisions of Congressional intent.—The conference agreement 

retains language proposed by the House directing FTA to seek approval of the House and Senate Committees on Appropriations 

prior to revising Congressional intent. 

FORMULA GRANTS

(INCLUDING TRANSFER OF FUNDS)

The conference agreement provides $4,032,175,000 for formula 

grants, as proposed by the Senate. The conference agreement 

transfers language regarding an intercity bus reporting requirement, as proposed by the House, to the Office of the Secretary. 

UNIVERSITY TRANSPORTATION RESEARCH

The conference agreement provides $6,000,000 for university 

transportation research, as proposed by the House and Senate. 

1423 

TRANSIT PLANNING AND RESEARCH

The conference agreement provides $128,000,000 for transit 

planning and research, as proposed by the Senate. From funds provided for national planning and research, the conference agreement 

provides the following funding levels: 

Advanced Transportation Technology Institute .................................. $125,000 

Automation Alley BuSolutions ............................................................. 550,000 

CALSTART/WestStart Advanced Transit Technology ........................ 2,000,000 

Center for composite manufacturing, AL ............................................ 950,000 

Southern Fuel Cell Coalition—Center for Transportation and the 

Environment ....................................................................................... 450,000 

Chester County transit security training facility, PA ........................ 125,000 

Community Transportation Association of America Nationwide 

Joblinks ............................................................................................... 500,000 

Fischer-Tropsch clean diesel technology demonstration, OK ............. 875,000 

Hennepin County Community Works .................................................. 1,200,000 

hOurCar, MN ......................................................................................... 75,000 

Lehigh Carbon Community College transit first responder training 

facility ................................................................................................. 75,000 

Low cost carbon fiber production technology, University of Tennessee .................................................................................................. 450,000 

Nanostructured catalysts for hydrogen fuel cells (CATV UA) ........... 950,000 

National Bio-Terrorism Civilian Medical Response Center, PA ........ 725,000 

National Technical Assistance Center for Senior Transportation ..... 2,000,000 

NDSU Transit Center for Small Urban Areas, ND ............................ 400,000 

Northern Wisconsin Rural Transportation Study ............................... 60,000 

Oklahoma Transportation Center ........................................................ 2,000,000 

Pawtucket train depot rehabilitation initiative, RI ............................ 235,000 

Phillipsburg to Northeastern NJ/NYC commuter rail study, NJ ...... 400,000 

Project ACTION (TEA–21) .................................................................... 3,000,000 

PVTA Electric Bus ................................................................................. 640,000 

Sitting Bull College bus facility planning, SD .................................... 65,000 

Transit access CUMTD initiative, IL ................................................... 500,000 

Transit technology career ladder partnership training program ....... 500,000 

Transportation Research Program, Wichita State University ........... 1,000,000 

WVU exhaust emissions testing initiative, WV .................................. 1,400,000 

TRUST FUND SHARE OF EXPENSES

The conference agreement provides $6,744,500,000 for the 

trust fund share of expenses, instead of $6,047,200,000 as proposed 

by the House and $6,764,976,000 as proposed by the Senate. 

CAPITAL INVESTMENT GRANTS

(INCLUDING TRANSFER OF FUNDS)

The conference agreement provides $3,338,825,000 for capital 

investment grants, instead of $2,852,647,000 as proposed by the 

House and $3,413,825,000 as proposed by the Senate. 

Three year availability of section 5309 discretionary funds.— 

The conferees direct FTA to not reallocate funds provided in the 

fiscal year 2002 Department of Transportation and Related Agencies Appropriations Act or previous Acts for the following bus and 

bus facilities projects: 

Alabama State Dock in intermodal passenger and freight terminal bus and 

bus related facilities 

Binghamton Intermodal Transportation Center/terminal 

Blue Water Area Transportation Commission bus facilities 

Bronx Zoo Intermodal Transportation Facility 

Cab Care paratransit facility 

City of Monrovia natural gas vehicle fueling facility 

1424 

Costa Mesa CNG facility 

County of Calaveras bus fleet replacement 

East Haddam transportation vehicles and transit facilities 

Greater Minnesota Transit Authority bus, paratransit and transit hub 

(MNDOT) 

Greater New Haven Transit District CNG vehicle project (ConnDOT) 

Homer Alaska Maritime Wildlife Intermodal and welcome center 

Indiana bus consortium buses and bus facilities 

Indianapolis downtown transit facility 

Las Cruces intermodal transit facility 

Livermore Amador Valley Transit Authority buses and facility 

Macon terminal intermodal station 

Missouri Pacific Depot 

Morgantown Parking Facility 

North County Transit District, initial design and planning for new intermodal center 

Norwich bus terminal and pedestrian access 

Oglala Sioux Tribe buses and bus facilities 

San Bernardino CNG/LNG buses 

Sierra Madre Villa & Chinatown intermodal transportation centers/LA 

MTA bus and bus related facilities 

Southern Teton Area Rapid Transit bus facility 

Springfield Union Station intermodal facility 

Station Plaza (NY) commuter parking lot 

Tompkins Consolidated Area transit center 

Ravalli County Council on aging bus facility 

Area VII agency on aging bus facility 

Statewise bus and bus facilities, MT 

Wilkes-Barre Intermodal Facility 

The conferees direct FTA to not reallocate funds provided in 

the fiscal year 2002 Department of Transportation and Related 

Agencies Appropriations Act or previous Acts for the following new 

start projects: 

Greater Albuquerque mass rail transit project 

Birmingham, Alabama, Transit Corridor 

Dulles Corridor Project 

Honolulu, Hawaii, Bus Rapid Transit Project 

Kenosha-Racine-Milwaukee Rail Extension Project 

Maryland (MARC) Commuter Rail Improvements Projects 

Northeast Indianapolis, Indiana, Downtown Corridor Project 

Philadelphia SEPTA Cross County Metro Project 

Philadelphia, Pennsylvania-Schuylkill Valley Metro Project 

BUS AND BUS FACILITIES

The conference agreement provides $675,000,000 for buses and 

bus facilities programs, together with $50,000,000 transferred from 

‘‘Federal Transit Administration, Formula grants’’. Funds provided 

for buses and bus facilities are distributed as follows: 

Project Name Amount 

Abilene bus and bus facilities, Texas ................................................... $750,000 

Acadia National Park intermodal facility, Maine ............................... 250,000 

Addicks Park & Ride Ramp, Texas ...................................................... 4,500,000 

Alabama State Docks intermodal facility, Alabama ........................... 10,000,000 

Alaska Mental Health Trust bus program, Alaska ............................. 1,000,000 

Alaska Native Medical Center intermodal bus/parking facility, 

Alaska ................................................................................................. 2,000,000 

Allegan County Transportation, Michigan .......................................... 1,500,000 

Alma Transit facility and replacement buses, Michigan .................... 500,000 

Alternative fuel replacement buses, Tucson, Arizona ........................ 1,000,000 

Ames transit/bus facility, Iowa ............................................................. 1,000,000 

Amesbury bus facility, Massachusetts ................................................. 1,000,000 

Amtran Bus Replacement, Altoona, Pennsylvania ............................. 300,000 

Anaheim Resort Transit, California ..................................................... 300,000 

Anchorage Museum/Transit intermodal depot, Alaska ...................... 1,500,000 

1425 

Project Name Amount 

Anchorage paratransit and disability improvements, Alaska ............ 1,500,000, 

Anchorage Ship Creek intermodal facility, Alaska ............................. 2,500,000 

Ann Arbor Transit (AATA) transit center, Michigan ......................... 1,000,000 

Ardmore transit center, Pennsylvania ................................................. 6,000,000 

Area Transit Authority, Pennsylvania ................................................. 1,425,000 

Area Transportation Authority of North Central Pennsylvania passenger terminal, Pennsylvania ......................................................... 1,250,000 

Arkansas Statewide buses and bus facilities ...................................... 8,000,000 

Asheville City bus fleet replacement, North Carolina ........................ 300,000 

Atlanta bus acquisition, Georgia .......................................................... 3,500,000 

Atlanta clean fuel shuttle buses, Georgia ............................................ 1,000,000 

Atlantic Station, Georgia ...................................................................... 1,100,000 

Attleboro Intermodal Transportation Center, Massachusetts ........... 2,000,000 

Barry County buses and bus facilities, Michigan ............................... 40,000 

Bay Area Transportation Authority, Traverse City, Michigan .......... 4,000,000 

Belding buses and bus facilities, Michigan ......................................... 50,000 

Bellflower Dial-a-Ride, California ........................................................ 120,000 

Bellows Falls Transit Improvements, Vermont .................................. 2,000,000 

Ben Franklin Transit Facility Improvements, Washington ............... 1,050,000 

Bergen Intermodal Stations and Park N’Rides, New Jersey ............. 2,000,000 

Berks Area Reading Transportation Authority (BARTA) facility, 

Pennsylvania ...................................................................................... 2,000,000 

Berrien County transit, Michigan ........................................................ 100,000 

Billings downtown bus facility, Montana ............................................ 2,000,000 

Billings public bus and medical transfer facility, Montana ............... 2,500,000 

Birmingham Intermodel Facility—Phase II, Alabama ....................... 3,500,000 

Bloomington Public Transit Corporation, Indiana .............................. 750,000 

Blue Water Area Transportation Commission Maintenance and 

Storage Facility, Michigan ................................................................ 3,000,000 

BNMC replacement buses, New York .................................................. 758,000 

Boro Park JCC bus purchase, New York ............................................. 200,000 

Brazos Transit District passenger shelter program, Texas ................ 500,000 

Bridgeport Intermodal Transportation Center, Connecticut .............. 7,000,000 

Brockton Area Transit Bus Replacement, Brockton, Massachusetts 2,000,000 

Brookhaven Town Senior Citizen Jitney Bus, New York ................... 125,000 

Broome County hybrid buses, New York ............................................. 1,600,000 

Broward/Palm Beach County buses, Florida ....................................... 750,000 

BRTA Bus Replacement Program, Massachusetts ............................. 1,080,000 

BRTA Bus Shelters, Massachusetts ..................................................... 150,000 

BRTA Storage Facility Upgrade, Massachusetts ................................ 244,000 

Bryan Intermodel Transit Terminal with Parking, Texas ................. 400,000 

Bryan/College Station Bus Replacement Program, Texas ................. 1,296,000 

Bucks County Intermodal Facility Improvements, Pennsylvania ..... 2,117.000 

Buffalo Niagra Medical Campus, New York ....................................... 2,000,000 

Burke Centre VRE Station Parking Expansion .................................. 1,000,000 

Bus Facility, 65th Street Intermodal Station, New York ................... 7,500,000 

Bus Rapid Transit, Virginia Street Phase 1, Nevada ......................... 1,000,000 

Cadillac/Wexford Transit, Michigan ..................................................... 100,000 

Calabasas Transit, California ............................................................... 500,000 

Cambria County Transit accessible buses, Pennsylvania .................. 1,080,000 

Cambria County Transit Facility rehabilitation, Pennsylvania ........ 1,300,000 

Cape Cod Regional Transit Authority Center/Bus Facility, Massachusetts ............................................................................................... 3,000,000 

Capital Area Transit (CAT), Pennsylvania ......................................... 1,000,000 

Capital Area Transportation Authority, Lansing, Michigan .............. 4,250,000 

Capital Metro North Operating Facility, Texas .................................. 1,200,000 

Capitol Metro buses and bus facilities, Texas ..................................... 2,000,000 

Carolina Mini-Buses, Puerto Rico ........................................................ 1,900,000 

Cass County transit, Michigan ............................................................. 40,000 

CATA bus replacement, Arkansas ....................................................... 400,000 

Catalina Transit Terminal, Redondo Beach, California ..................... 1,000,000 

Central New York Regional Transportation Authority, New York ... 3,250,000 

Central Ohio Transit Authority Paratransit Facility ......................... 550,000 

Central Ohio Transity Authority ITS Phase III .................................. 200,000 

Centre Area Transit Authority, Pennsylvania .................................... 850,000 

Cerritos Clean Air Buses, California ................................................... 850,000 

Chapel Hill replacement buses, North Carolina ................................. 2,000,000 

1426 

Project Name Amount 

Charlotte Multi-modal Transportation Center, North Carolina ........ 2,500,000 

Cherry Street Multi-Modal Facility, Indiana ...................................... 1,000,000 

Cincinnati Local Community bus enhancements, Ohio ...................... 800,000 

Citibus vans and alternative fuel buses, Texas .................................. 1,800,000 

Citilink, Indiana .................................................................................... 600,000 

City Bus, Williamsport Bureau of Transportation, Pennsylvania ..... 1,500,000 

City of Orange Beach senior activity bus, Alabama ........................... 100,000 

City of Santa Fe, Bus and Bus Facility Grant, New Mexico ............. 1,500,000 

Clare County Transit Corporation, Michigan ...................................... 100,000 

Claremont Intermodal Transit Village Project, California ................. 200,000 

Cleveland Avenue YMCA bus, Alabama .............................................. 200,000 

Cleveland Clinic Pedestrian Access Tunnel, Ohio .............................. 1,000,000 

Clinton Area transit system, Michigan ................................................ 1,250,000 

CNG bus replacement, Texas ............................................................... 400,000 

Coconino County—Flagstaff bus system, Arizona .............................. 1,400,000 

Coconino County—Sedona bus system, Arizona ................................. 2,600,000 

Collegian Avenue Busway, California .................................................. 400,000 

Colorado Statewide buses and bus facilities ....................................... 7,125,000 

Columbia Transit, Missouri .................................................................. 850,000 

Community Transit Bus and Van Replacement, Washington ........... 1,000,000 

Commuter maintenance facility, New Hampshire .............................. 700,000 

Como Rider program, Minnesota .......................................................... 1,500,000 

Copper River Transit program, Alaska ................................................ 1,500,000 

Corpus Christi buses and bus facilities, Texas ................................... 800,00 

County of Lebanon Transit Authority (COLT), Pennsylvania ........... 360,000 

Cruise Terminal Intermodal Facility, Pennsylvania .......................... 500,000 

Cuyahoga County Plan for Senior Transportation, Ohio ................... 1,000,000 

Dallas bus shelters, Texas .................................................................... 750,00 

Danville buses and bus facilities, Virginia .......................................... 450,000 

DeBary Intermodal Transportation Facility, Florida ......................... 250,000 

Delaware Statewide buses and bus facilities ...................................... 2,000,000 

Denton Downtown multimodal transit facility, Texas ........................ 3,200,000 

Des Moines MTA bus replacement, Iowa ............................................ 2,000,000 

Detroit DOT bus replacement and facilities, Michigan ...................... 3,000,000 

Dial-a-Ride facility, Phoenix, Arizona .................................................. 350,000 

Downtown Centralized Intermodal Transfer Center, Nashville, 

Tennessee ............................................................................................ 1,000,000 

Downtown Tempe Transit Center, Arizona ......................................... 800,000 

Downtown transit center ITS, California ............................................ 100,000 

Duluth Transfer Facility, Minnesota ................................................... 1,000,000 

East Side Transit Center, Ohio ............................................................ 500,000 

East Valley bus maintenance facility, Arizona ................................... 6,950,000 

Ed Roberts Campus/City of Berkeley, California ................................ 500,000 

Edmonds Crossing Mulitmodal Transportation Project, Washington 1,000,000 

El Garces Intermodal Station, Needles, California ............................. 1,000,000 

El Paso buses, Texas ............................................................................. 3,000,000 

Elk Grove Park and Ride Facilities California ................................... 1,000,000 

Elmwood Facility Expansion, Rhode Island ........................................ 2,000,000 

Endless Mountain Transportation Authority, Pennsylvania ............. 100,000 

Englewood bus purchase, New Jersey ................................................. 375,000 

Essex County buses, Massachusetts .................................................... 150,000 

Fairfield/Vacaville Intermodal Transit Station, California ................ 500,000 

Farmville buses and bus facilities, Virginia ........................................ 200,000 

Fayette Area Coordinated Transportation (FACT) buses and bus facilities, Pennsylvania ......................................................................... 900,000 

Fixed Route Transportation System, Madison County, Kentucky .... 300,000 

Flagler County buses and bus facilities, Florida ................................ 150,000 

Flint MTA Intelligent Transportation System, Michigan .................. 1,000,000 

Fort Edward Intermodal Station, New York ....................................... 300,000 

Franklin County Transportation Council, Missouri ........................... 150,000 

Fresno Area Express bus program, California .................................... 1,000,000 

Ft. Worth Transportation Authority Fleet Modernization, Texas ..... 2,400,000 

Ft. Worth Transportation Authority Passenger Shelter Replacement, Texas ........................................................................................ 700,000 

Fulton County Transit Authority, Kentucky ....................................... 200,000 

Gainesville Regional Airport multi-modal facility, Florida ................ 300,000 

Gainesville RTS buses and bus facilities, Florida ............................... 1,000,000 

1427 

Project Name Amount 

Glenmont Metrorail parking garage expansion, Maryland ................ 500,000 

Golden Empire Transit traffic signal priority, California .................. 300,000 

Grant Transit Authority vehicle replacement, Washington ............... 800,000 

Greater Minnesota Transit ................................................................... 3,225,000 

Greater Ouachita Port and Intermodal Facility, Louisiana ............... 3,000,000 

Greenville Transit System, Michigan .................................................. 50,000 

GRTC Bus Facility, Richmond, Virginia .............................................. 6,000,000 

Hamiton clean fuels bus facility, Georgia ............................................ 1,500,000 

Hampton Roads Transit New Maintenance Facilities, Virginia ........ 2,250,000 

Harbor Transit, Michigan ..................................................................... 200,000 

Harrisburg Transportation Center, Pennsylvania .............................. 1,000,000 

Harrison County HOV/Bus rapid transit Canal Road intermodal 

connector, Mississippi ........................................................................ 2,000,000 

Hartford bus facility rehabilitation, Connecticut ................................ 500,000 

Hartford/New Britain Busway, Connecticut ........................................ 4,000,000 

Hazleton intermodal facility, Pennsylvania ........................................ 3,000,000 

Hemet Transit Center bus facility, California .................................... 350,000 

Henderson Area Rapid Transit Authority, Kentucky ......................... 80,000 

High Point Project Terminals, North Carolina ................................... 2,000,000 

Hillsborough Area Regional Transit (HART), Florida ........................ 500,000 

Homestead East-West bus connector, Florida ..................................... 250,000 

Honolulu bus and paratransit replacement program, Hawaii ........... 5,000,000 

Honolulu Middle Street Intermodal Center, Hawaii .......................... 4,000,000 

Houston METRO, Park and Rides, Texas ........................................... 10,000,000 

Howard Boulevard Intermodal Station, New Jersey .......................... 3,500,000 

Howard County Transit repair facility, Maryland .............................. 500,000 

Hunt County Committee on Aging Transit Terminal, Texas ............. 1,200,000 

Hunt County Committee on Aging Transit Vehicles, Texas .............. 1,000,000 

I–15 Managed Lanes/Bus Rapid Transit, San Diego, California ....... 1,700,000 

I–35 Fixed Guideway Project, Johnson County, Kansas .................... 300,000 

I–66/Vienna Metrorail Accessibility Improvements, Virginia ............ 600,000 

Idaho Transit Coalition Statewide buses and bus facilities ............... 3,500,000 

Illinois Statewide buses and bus facilities ........................................... 7,000,000 

Incline Plane Cable Replacement, Johnstown, Pennsylvania ............ 120,000 

IndyGo buses and bus facilities, Indiana ............................................. 3,000,000 

Intelligent Transportation System for The Rapid, Michigan ............. 600,000 

Intercity Transit Buses, Thurston County, Washington .................... 1,000,000 

Intermodal terminals in Downtown Reno and Sparks, Nevada ........ 1,500,000 

Ionia County Dial-A-Ride, Michigan .................................................... 125,000 

Iowa Statewide buses and bus facilities .............................................. 5,000,000 

Irvington Intermodal Upgrades, New York ......................................... 250,000 

Isabella County Transportation Commission, Michigan .................... 300,000 

Isanti Transit garage and operational facility, Minnesota ................. 500,000 

ITP/The Rapid replacement and expansion buses, Michigan ............ 1,250,000 

Ivy Tech State College multmodal facility, Indiana ........................... 500,000 

Jackson State University busing project, Mississippi ........................ 300,000 

Jacksonville JTA transit rolling stock, Florida ................................... 500,000 

Jacksonville State University buses, Alabama ................................... 2,000,000 

Jacobi Transportation Facility, New York ........................................... 1,000,000 

Jamaica Intermodal Facilities, New York ........................................... 2,000,000 

James City County natural as buses, Virginia ................................... 3,000,000 

JATRAN fixed route vehicles, Mississippi ........................................... 3,000,000 

JCC of Coney Island Bus Purchase, New York ................................... 100,000 

Jefferson County Transit Facility Improvements, Texas ................... 700,000 

Jefferson Transit operations/maintenance facility, Washington ........ 600,000 

Johnson County Transit System Buses, Kansas ................................. 500,000 

Juneau bus replacement, Alaska .......................................................... 1,000,000 

Kalamazoo County Care A Van, Michigan .......................................... 80,000 

Kalamazoo Metro Transit, Michigan .................................................... 3,000,000 

Kalkaska Public Transit Authority, Michigan .................................... 50,000 

Kansas City/Unified Govt. of Wyandotte Co. buses, Kansas ............. 1,000,000 

Kansas statewide bus and bus facilities .............................................. 3,000,000 

KCATA bus rapid transit, Missouri ..................................................... 4,500,000 

Kearney RYDE Transit, Nebraska ....................................................... 1,050,000 

Kenai Central Area Rural Transit System bus replacement, Alaska 1,400,000 

Key West bus and bus facilities, Florida ............................................. 2,000,000 

King County Metro Clean Air Buses, Washington ............................. 5,000,000 

1428 

Project Name Amount 

King County Metro Park and Ride on First Hill, Seattle, Washington .................................................................................................. 2,000,000 

King County Metro, King County Airfield Transfer Area, Washington .................................................................................................. 2,000,000 

Kitsap Transit Bus Replacement, Washington ................................... 1,000,000 

Knik Arm intermodal facility terminal, Alaska .................................. 1,500,000 

Knoxville Electric Transit Intermodal Center, Tennessee ................. 2,000,000 

Lafayette City/Bus, Indiana .................................................................. 500,000 

Lake Erie Transit maintenance prage expansion, Michigan ............. 500,000 

Lakeland Area Citrus Connection transit system, Florida ................ 750,000 

Lane County bus raid transit vehicles, Oregon .................................. 4,000,000 

Laredo Bus Hub and Maintenance Facility, Texas ............................. 2,000,000 

Las Vegas buses, Nevada ...................................................................... 1,000,000 

LAVTA buses and bus facilities, California ......................................... 500,000 

LAVTA satellite maintenance, operations and administrative facility, California ..................................................................................... 300,000 

Lawrence Transit System maintenance facility, Kansas ................... 400,000 

Lawton buses and bus facilities, Oklahoma ........................................ 207,000 

Lechmere Station intermodal, Massachusetts .................................... 1,000,000 

Lewis and Clark explorer shuttle parking, Oregon ............................ 500,000 

Link Transit Low Floor Coach Purchases, Washington ..................... 800,000 

Livingston Essential Transportation, Michigan .................................. 100,000 

Long Beach Transit bus purchase, California ..................................... 500,000 

Los Angeles County MTA bus program, California ............................ 2,000,000 

Los Angeles Trade Tech intermodal links with bus and Metro, California ................................................................................................... 500,000 

Los Angeles Valley College bus station extension, California ........... 500,000 

Louisiana Statewide buses and bus facilities ...................................... 5,000,000 

Lowell Regional Transit Authority, Massachusetts ............................ 900,000 

Macatawa Area Express Facility, Michigan ........................................ 1,000,000 

Macon Terminal Station, Georgia ........................................................ 750,000 

Maine statewide bus program .............................................................. 2,500,000 

Maintenance facility modernization project, Oregon .......................... 2,500,000 

Mammoth Lakes Regional Transit operations facility, California .... 1,000,000 

Manchester, Clay County Intermodal Facility, Kentucky .................. 2,000,000 

MART maintenance facility, Massachussets ....................................... 2,400,000 

MARTA Bus Acquisition Program, Georgia ........................................ 1,500,000 

MARTA clean fuel technology buses, Georgia ..................................... 4,000,000 

Maryland Statewide buses and bus facilities ...................................... 4,000,000 

Mass Transportation Authority, Flint, Michigan ................................ 3,000,000 

Medical University of South Carolina .................................................. 4,000,000 

Memphis Airport Intermodal Facility, Tennessee .............................. 3,000,000 

Metro Red Line Wilshire Vermont Station upgrade, California ........ 750,000 

Metro St. Louis, Missouri ...................................................................... 1,250,000 

Metro Transit buses and bus facilities, Minnesota ............................. 4,000,000 

Miami Beach Intermodal Greenway Transit Facility, Florida ........... 700,000 

Miami Beach Intermodal Transit Facility, Florida ............................. 700,000 

Miami Intermodal Center, Florida ....................................................... 6,000,000 

Miami-Dade County bus procurement, Florida ................................... 500,000 

Michigan Statewide buses and bus facilities ....................................... 3,000,000 

Mid Mon Valley Transit Authority, Charleroi, Pennsylvania ............ 1,400,000 

Mid-County Transit Authority Kittanning, Pennsylvania ................. 220,000 

Midland Dial-A-Ride, Michigan ............................................................ 125,000 

Millinocket Airport transfer bus project, Maine ................................. 35,000 

Miramar Parkway transit shelter enhancements, Florida ................. 100,000 

Mississippi Valley State University mass transit expansion, Mississippi ................................................................................................ 200,000 

Missouri statewide bus and bus facilities ............................................ 8,000,000 

Modesto bus facility, California ............................................................ 1,000,000 

Montgomery buses, Alabama ................................................................ 700,000 

Montrey Salinas Transit buses, California .......................................... 1,000,000 

Moultrie Intermodal Facility, Georgia ................................................. 500,000 

Multi County Intermodal Park & Ride, New Jersey .......................... 3,000,000 

Muncie Indiana transit system, Indiana ............................................. 1,000,000 

Municipal Transit Operators Coalition, California ............................. 1,000,000 

Murray/Calloway County Transit Authority, Kentucky ..................... 1,800,000 

Muskegon Area Transit System, Michigan ......................................... 500,000 

1429 

Project Name Amount 

Napa Transit Center construction, California ..................................... 500,000 

Nassau County Long Island Bus, New York ....................................... 1,000,000 

National Center for Transportation Needs, Florida ........................... 600,000 

Nebraska Statewide bus and bus facilities .......................................... 2,000,000 

New Castle Area Transit, Pennsylvania .............................................. 1,000,000 

New Mexico Statewide bus and bus facilities ..................................... 1,000,000 

New York Central Train Station, Elyria, Ohio ................................... 1,000,000 

Newark Penn Station Intermodal Improvements, New Jersey ......... 5,000,000 

Norman buses and bus facilities, Oklahoma ....................................... 3,000,000 

North Carolina Statewide buses and bus facilities ............................. 5,000,000 

North Dakota Statewide buses and bus facilities ............................... 3,000,000 

North Florida and West Coast Transit Coalition Bus Acquisition .... 4,000,000 

North Oakland Transit Authority, Michigan ...................................... 80,000 

Northern Michigan bus and bus facilities ........................................... 500,000 

Northern Oklahoma regional multimodal facilities and transit system, Oklahoma ................................................................................... 5,000,000 

Northern Winnebago County, Illinois .................................................. 250,000 

Northumberland County Transportation, Pennsylvania .................... 100,000 

Northwest Busway and facilities, Hennepin County, Minnesota ...... 3,000,000 

NW 7th Avenue Transit Hub, Florida ................................................. 1,000,000 

Oakwood College shuttle bus project, Alabama .................................. 150,000 

Oakwood Intermodal Facility, Somerset, Kentucky ........................... 2,000,000 

Ohio statewide buses and bus facilities ............................................... 6,000,000 

Oklahoma DOT Transit Program, Oklahoma ..................................... 5,500,000 

Oklahoma Transportation Center, Oklahoma ..................................... 2,000,000 

Omaha Metro Area Transit Center Developments, Nebraska ........... 4,000,000 

Pacific Station Multimodal-Multiuse facility, California .................... 1,500,000 

Paducah Area Transit Authority, Kentucky ........................................ 1,300,000 

Pahoa/Hilo Bus routes, Hawaii ............................................................. 500,000 

Palm Springs bus station relocation, California ................................. 30,000 

Palo Alto Intermodal Transit Center, California ................................ 750,000 

Paratransit District/Senior Call Center Brooklyn, Ohio .................... 2,000,000 

Park & Ride/Bus Facility Exit 2, Salem, New Hampshire ................. 600,000 

Park and Ride Bus Facility Exit 5, New Hamgshire .......................... 200,000 

Park and Ride for the Edison Train Station, New Jersey .................. 1,000,000 

Pelham Intermodal Improvements, New York .................................... 500,000 

Petersburg Multi-Modal Transportation Center, Virginia ................. 500,000 

Phoenix, Glendale, and Avondale bus replacement, Arizona ............. 1,500,000 

Phoenix/Glendale West Valley operating facility, Arizona ................. 3,500,000 

Pierce Transit Base expansion, Washington ....................................... 1,000,000 

Pinellas Suncoast Transit Authority, Florida ..................................... 9,300,000 

Port Angeles International Gateway Center, Washington ................. 1,000,000 

Port of Anchorage intermodal facility, Alaska .................................... 2,500,000 

Potomac Yard Transit Way, Virginia ................................................... 800,000 

PRTC Bus Acquisitions, Virginia ......................................................... 800,000 

Pulse Point Joint Development safety improvements, Connecticut .. 500,000 

Putnam County RideSolutions buses and bus facilities, Florida ....... 1,500,000 

PVTA bus replacement program, Massachusetts ............................... 4,000,000 

Regional maintenance/paratransit scheduling facility, Kansas ......... 800,000 

Renaissance Square, New York ............................................................ 6,500,000 

Rhode Island Public Transit Authority Statewide buses and bus facilities .................................................................................................. 4,000,000 

Richmond Highway Transit Improvements, Virginia ......................... 1,000,000 

Rio Rancho Senior Transit Program, New Mexico .............................. 250,000 

Riverbank vehicle garage renovation, California ................................ 125,000 

Riverside Transit Authority, California ............................................... 125,000 

Rochester Central Bus Terminal, New York ....................................... 5,600,000 

Rockville Town Center transit project, Maryland ............................... 1,000,000 

Roscommon County Transit System, Michigan ................................... 50,000 

Roseville Multitransit Center, California ............................................ 650,000 

Rural Bus Program, Hawaii ................................................................. 5,000,000 

Sacramento bus replacement/facility expansion, California .............. 500,000 

Salem Intermodal Center improvement project, Massachusetts ....... 1,000,000 

Salem-Keizer Transit, buses and bus facilities, Oregon ..................... 350,000 

SamTrans Zero Emission bus project, California ............................... 750,000 

San Antonio VIA Metropolitan Transit Bus Fleet Modernization, 

Texas ................................................................................................... 3,000,000 

1430 

Project Name Amount 

San Francisco Muni buses and bus facilities, California ................... 4,000,000 

San Luis Rey Transit Center, California ............................................. 400,000 

Santa Clara VTA bus signal priority project, California .................... 750,000 

SCAT CNG Fueling Station, California ............................................... 500,000 

Senior Bus Service Bus Replacement, North Hempstead, New York 300,000 

SEPTA, Trackless Trolley Acquisition, Pennsylvania ........................ 1,000,000 

Shiawassee Area Transportation Authority, Michigan ...................... 45,000 

Sierra Madre Villa Gold Line Light Rail Station, California ............. 1,000,000 

Sistrunk transit & pedestrian access improvement, Florida ............. 1,000,000 

Sitting Bull College facilities, South Dakota ....................................... 1,250,000 

Skagway bus terminal development, Alaska ....................................... 2,000,000 

SMART buses and bus facilities, Michigan ......................................... 3,000,000 

Solana Beach Intermodal Facility, Solana Beach, California ............ 650,000 

Sonoma County CNG buses, California ............................................... 300,000 

South Amboy Intermodal Station, New Jersey ................................... 1,250,000 

South Carolina Statewide buses and bus facilities ............................. 4,000,000 

South Dakota Statewide buses and bus facilities ............................... 1,000,000 

South Gate Clean Air buses, California ............................................... 250,000 

South Metro Area Rapid Transit park-and-ride facility and transit 

center, Oregon .................................................................................... 500,000 

Southeast Tennessee Human Resource Agency .................................. 750,000 

Southern and Eastern Kentucky buses and bus facilities .................. 3,000,000 

Southern Maryland commuter bus initiative, Maryland .................... 5,000,000 

Southern Missouri buses and bus facilities ......................................... 2,300,000 

Southside bus facility PE, Virginia ...................................................... 4,000,000 

Southwest Broward bus facility, Florida ............................................. 1,200,000 

Spring Valley Multi-Modal Center, California .................................... 800,000 

Springfield Union Station, Springfield, Massachusetts ...................... 6,694,000 

St. Johns County Council on Aging buses and bus facilities, Florida 750,000 

St. George’s Ferry Intermodal Terminal, New York ........................... 2,300,000 

St. Lucie County bus purchase, Florida ............................................... 400,000 

St. Petersburg intermodal facility, Florida .......................................... 500,000 

Stamford Urban Transitway Phase II, Connecticut ........................... 6,000,000 

Suffolk County Transit buses and bus facilities, New York .............. 1,000,000 

Sullivan County buses and bus facilities, New York .......................... 500,000 

Sun Tran CNG replacement buses, Tucson, Arizona ......................... 2,750,000 

Sunline Transit Agency CNG buses, California .................................. 500,000 

TalTran Bus replacement project, Florida ........................................... 800,000 

TARTA/TARPS Intermodal Facility, Ohio ........................................... 1,500,000 

Temecula Park and Ride Facility, California ...................................... 50,000 

Temecula Transit Center, California ................................................... 400,000 

Tennessee Statewide buses and bus facilities ..................................... 9,500,000 

The Woodlands Capital Cost of Contracting Program, Texas ............ 450,000 

Tombigbee Regional Commission vehicle facility, Alabama .............. 250,000 

Tompkins County Hybrid Buses, New York ........................................ 250,000 

Transit Authority of Northern Kentucky (TANK) bus and bus facilities, Kentucky ................................................................................ 500,000 

Transit Authority of River City, Louisville, Kentucky ....................... 601,500 

Transit First Implementation, California ............................................ 750,000 

Transit ITS, Utah .................................................................................. 250,000 

Transit Oriented Neighborhood Program, California ......................... 200,000 

TRANSPO Bus Operations Center South Bend, Indiana ................... 2,000,000 

Trenton Intermodal Center, New Jersey ............................................. 2,000,000 

Triangle Transit Authority replacement buses, North Carolina ....... 1,000,000 

TriMet buses, Portland, Oregon ........................................................... 1,000,000 

Trolley System, Boynton Beach, Florida ............................................. 250,000 

Tuckahoe Intermodal Improvements, New York ................................ 40,000 

Tulsa Transit Multi-use facility in Tulsa, Oklahoma ......................... 2,000,000 

Twin Cities Area Transportation Authority, Benton Harbor, Michigan ....................................................................................................... 30,000 

ULM Intermodal Facility, Louisiana ................................................... 750,000 

Ulster County Hybrid Buses, New York .............................................. 250,000 

UMass Transit RTIC and training facility, Massachusetts ............... 4,000,000 

UNI multimodal project, Iowa .............................................................. 3,000,000 

Union City Intermodal Station, Phase 1, California .......................... 500,000 

Union Depot Transportation Hub, Minnesota ..................................... 1,000,000 

1431 

Project Name Amount 

Union Station Intermodal Trade and Transit Center, Schuylkill 

County, Pennsylvania ........................................................................ 2,000,000 

Union Station Intermodal Transportation Center, Washington, DC 750,000 

Union/Snyder Transportation Alliance, Union County Pennsylvania 1,500,000 

University of Alabama at Huntsville Intermodal Facility, Alabama 4,000,000 

University of Louisville bus shuttle program, Kentucky ................... 2,500,000 

UTA intermodal facilities, Utah ........................................................... 2,000,000 

UTA Statewide buses and bus facilities .............................................. 5,800,000 

Vallejo Baylink Ferry Intermodal Center, California ......................... 1,250,000 

Van Buren Public Transit, Michigan ................................................... 30,000 

Vans, CASA of Marshall County, Alabama ......................................... 100,000 

Vehicles for Senior Citizen Transportation in Alabama ..................... 1,000,000 

Vermont Statewide buses and bus facilities ........................................ 2,000,000 

Vicksburg public transportation, Mississippi ...................................... 500,000 

Visalia bus operations facility, California ........................................... 250,000 

Visalia bus replacement, California ..................................................... 250,000 

Waco Transit Alternative Fueled Bus Purchase, Texas ..................... 4,000,000 

Wahiawa Transit Center and Parking Facility, Hawaii .................... 2,500,000 

Washington Small Bus System Program of Projects, Washington .... 4,000,000 

Waterbury bus maintenance facility, Connecticut .............................. 500,000 

West Haven/Orange Intermodal Facility, Connecticut ....................... 1,000,000 

West Side transit facility, New Mexico ................................................ 1,000,000 

West Valley City Intermodal Terminal, Utah ..................................... 400,000 

West Virginia Statewide ....................................................................... 5,000,000 

Westchester County Bee Line Bus Replacement, New York ............. 4,000,000 

Westmoreland County Transit Authority, Pennsylvania ................... 500,000 

Whatcom Transportation Authority, Lincoln Creek Transportation 

Center, Washington ........................................................................... 2,000,000 

White Earth Tribal Nation Transit Center, Minnesota ..................... 1,000,000 

White Plains Downtown Circulator, New York ................................... 250,000 

Whitehall Intermodal Ferry Terminal, New York .............................. 1,000,000 

Whittier intermodal facility, Alaska .................................................... 1,500,000 

Wichita Transit Authority buses and bus facilities, Kansas .............. 250,000 

Winter Haven Transit Terminal, Florida ............................................ 500,000 

Wisconsin Statewide buses and bus facilities ..................................... 15,000,000 

WMATA bus purchase, Virginia ........................................................... 7,000,000 

WMATA clean fleet buses, Maryland ................................................... 1,500,000 

Wonderland Station improvements, Revere, Massachusetts ............. 2,000,000 

Yamhill County Transit bus and bus facilities, Oregon ..................... 150,000 

Yates Township Dial-A-Ride Transportation System, Michigan ....... 200,000 

York County Transportation Authority buses, Pennsylvania ............ 1,500,000 

Yosemite Area Regional Transportation System, California ............. 400,000 

Washington statewide small transit systems, bus and bus facilities.—The conference agreement provides $4,000,000 to the Washington State Department of Transportation (WSDOT) for bus and 

bus facilities grants. The conferees expect WSDOT to fund the following projects: (1) $400,000 Clallam Transit; (2) $50,000 Columbia 

County Public Transportation (CCPT); (3) $50,000 Garfield County; 

(4) $400,000 Grant Transit; (5) $600,000 Grays Harbor Transportation Authority; (6) $400,000 Island Transit; (7) $750,000 Jefferson Transit; (8) $400,000 Mason County Transportation Authority; 

(9) $50,000 Pacific Transit; (10) $400,000 Twin Transit; and (11) 

$500,000 Valley Transit. 

Illinois Statewide Buses.—The conferees provide $7,000,000 to 

the Illinois Department of Transportation (IDOT) for Section 5309 

Bus and Bus Facilities grants. The conferees expect IDOT to provide at least $3,000,000 for Downstate Illinois replacement buses 

in Bloomington, Champaign-Urbana, Danville, Decatur, Peoria, 

Quincy, RIDES MTD, River Valley, Rockford, Rock Island, Springfield, and for the Bi-State Development/Metro Agency. Further, the 

conferees expect IDOT to provide appropriate funds for bus faciliVerDate Aug 04 2004 07:33 Dec 01, 2004 Jkt 096906 PO 00000 Frm 01435 Fmt 6601 Sfmt 6601 E:\HR\OC\HR792.XXX HR792
1432 

ties in Bloomington, Galesburg, Macomb, Peoria, and Rock Island, 

including $750,000 for the Champaign Day Care Center/Park-nRide; $500,000 for the Richton Park Metra Intermodal Transit 

Park and Ride Facility; $750,000 for the City of Chicago’s Free 

Trolley system; and $500,000 for the Downtown Normal 

Multimodal facility. 

The conference agreement retains all language in the House 

and Senate reports allowing funds appropriated for a bus or bus facility project to be used for another eligible purpose, with the exception of Senate proposed language for South Bend Intermodal 

Facility, Indiana. Amounts previously obligated for the South 

Street Station Project in fiscal year 1996 and fiscal year 1997 shall 

be made available for the South Bend Bus Operations Center 

project in South Bend, Indiana. In addition, House retained language regarding Detroit bus and bus facilities should read ‘‘Public 

Law 106–69’’ instead of ‘‘Public Law 106–109’’. 

Newton Rapid Transit Handicap Access Improvements, Massachusetts.—Amounts made available in fiscal year 2004 for Newton 

Rapid Transit Handicap Access Improvements, Massachusetts, 

shall be available for making handicap accessibility improvements 

to the Auburndale Station in Newton, MA. 

Alameda Point Areil Transit Project, California.—Amounts 

made available in fiscal year 2004 for Alameda Point Areil Transit 

Project, California, shall be available for the Fairfield/Vacaville 

Intermodal Transit Station, California. 

Utica Transit Authority Buses, New York.—Amounts made 

available in fiscal year 2003 for Utica Transit Buses, New York, 

shall be made available for Oneida County buses and transit items. 

Statewide Bus and Bus Facilities, Montana.—Unobligated balances from amounts made available in fiscal year 2002 to Area VIII 

Agency on Aging Bus and Bus Facility and Ravalli County Council 

on Aging Bus and Bus Facility shall be combined with and made 

available for Statewide Buses and Bus Facilities. 

New York City grant reprogramming.—The conference agreement includes a provision that allows urbanized area formula grant 

funds and capital investment or discretionary grant funds awarded 

to the New York City DOT to be made available to the New York 

Metropolitan Transportation Authority for eligible capital projects. 

The conferees are concerned that this provision in some way might 

facilitate the closure of current bus routes or the delaying of service 

improvements in certain New York City bus lines. This is not the 

intent of the conferees, and MTA should work to avoid any such 

harmful effects. 

NEW STARTS

The conference agreement provides $1,449,425,000 for new 

starts programs, together with funds made available from reallocated new start projects from the fiscal year 2002 Act and previous 

Acts. Funds provided for new start projects are distributed as follows: 

Atlanta, Georgia/North Springs (North Line Extension) ................... $265,410 

Baltimore, Maryland, Central Light Rail Double Track .................... 29,010,000 

Birmingham—Transit Corridor, Alabama ........................................... 1,000,000 

Boston, Massachusetts, Silver Line III ................................................ 3,000,000 

1433 

Capital Metro—Bus Rapid Transit, Texas .......................................... 1,000,000 

CATRAIL RTC Rail Project, Nevada ................................................... 1,000,000 

Charlotte, North Carolina, South Corridor Light Rail Project .......... 30,000,000 

Chicago, Illinois, Douglas Branch Reconstruction .............................. 85,000,000 

Chicago, Illinois, Ravenswood Line Extension .................................... 40,000,000 

Cleveland, Ohio, Euclid Corridor Transportation Project .................. 25,000,000 

Dallas, Texas, NW/SE Extension ......................................................... 8,500,000 

Denver, Colorado, Southeast Corridor LRT ......................................... 80,000,000 

Dulles Corridor Rapid Transit Project, Virginia ................................. 25,000,000 

Fort Lauderdale, Florida, South Florida Commuter Rail Upgrades 11,409,506 

Harrisburg, Pennsylvania, Corridor One Rail MOS ........................... 2,000,000 

Hawaii and Alaska Ferry Boats ........................................................... 10,296,000 

Houston Advanced Metro Transit Plan, Texas ................................... 8,500,000 

I–5/I–205/SR50, Transit Loop, Washington and Oregon .................... 1,500,000 

Las Vegas, Nevada, Resort Corridor Fixed Guideway Project ........... 30,000,000 

Little Rock River Rail, Arkansas .......................................................... 3,500,000 

Los Angeles, California/MOS3 Metro Rail (North Hollywood) ........... 675,103 

Los Angeles, California, Eastside Light Rail Transit Project ............ 60,000,000 

Los Angeles, California, Gold Line Foothill Extension ....................... 500,000 

Metra Commuter Rail Expansions and Extensions, Illinois .............. 52,000,000 

Minneapolis, Minnesota, Hiawatha Light Rail Project ...................... 33,698,453 

Minneapolis, Minnesota, Northstar Commuter Rail Project .............. 5,000,000 

Nashville, Tennessee, East Corridor Commuter Rail ......................... 2,000,000 

New Jersey Trans-Hudson Midtown Corridor .................................... 1,200,000 

New Orleans, Louisiana, Canal Street Corridor Project .................... 16,747,023 

New York, New York Long Island Rail Road East Side Access ........ 100,000,000 

Norfolk, Virginia, Light Rail Transit Project ...................................... 2,000,000 

Northern New Jersey Hudson-Bergen Light Rail MOS2 ................... 100,000,000 

New Jersey Newark Rail Link MOS 1 ................................................. 319,463 

Northern New Jersey Newark-Elizabeth Rail Line MOS1 ................ 1,365,876 

Philadelphia, Pennsylvania, Schuylkill Valley MetroRail .................. 10,000,000 

Phoenix, Arizona, Central Phoenix/East Valley Light Rail ................ 75,000,000 

Pittsburgh, Pennsylvania, North Shore Light Rail Connector .......... 55,000,000 

Pittsburgh, Pennsylvania, Stage II Light Rail .................................... 1,140,792 

Portland, Oregon, Interstate Max Light Rail Extension .................... 23,480,000 

Raleigh, North Carolina, Triangle Transit Authority Regional Rail 

Project ................................................................................................. 20,000,000 

Rhode Island Integrated Commuter Rail Project ................................ 6,000,000 

Regional Commuter Rail (Weber County to Salt Lake City), Utah 8,000,000 

Salt Lake City, Utah/CBD to University LRT .................................... 1,147,398 

Salt Lake City, Utah/Medical Center Extension ................................. 8,836,110 

San Diego, California, Mid-Coast Light Rail Extension ..................... 1,000,000 

San Diego, California, Mission Valley East Light Rail Extension .... 81,640,000 

San Diego, California, Oceanside-Escondido Rail Corridor ................ 55,000,000 

San Francisco, California, BART Extension to San Fran International Airport .................................................................................. 100,000,000 

San Francisco, California, Muni Third Street Light Rail Project ...... 10,000,000 

San Juan, Puerto Rico, Tren Urbano Rapid Transit System ............. 44,620,000 

Santa Clara County, California, Silicon Valley Rapid Transit Corridor Project ........................................................................................ 2,500,000 

Seattle, Washington, Central Link Initial Segment ........................... 80,000,000 

Sound Transit Sounder Commuter Rail, Lakewood to Nisqually, 

Washington ......................................................................................... 4,000,000 

South Shore Commuter Rail, Indiana .................................................. 2,500,000 

St. Louis, Missouri/Metrolink St. Clair Extension .............................. 60,436 

Stamford, Connecticut Urban Transitway, Phase 2 ........................... 3,000,000 

Washington County, Oregon, Wilsonville to Beaverton Commuter 

Rail Project ......................................................................................... 9,000,000 

Washington, DC/Largo Extension, Maryland ...................................... 76,770,615 

Resort corridor system extension, Las Vegas, NV.—The conferees expect the FTA to continue to set aside sufficient funds from 

the total amount of contingent commitment authority available for 

full funding grant agreements for fiscal year 2005 for the Resort 

Corridor System Extension project while the project works through 

a series of unanticipated technical problems. The conferees look forVerDate Aug 04 2004 07:33 Dec 01, 2004 Jkt 096906 PO 00000 Frm 01437 Fmt 6601 Sfmt 6601 E:\HR\OC\HR792.XXX HR792
1434 

ward to receiving the anticipated Full Funding Grant Agreement 

for this project once those technical problems have been resolved. 

JOB ACCESS AND REVERSE COMMUTE GRANTS

The conference agreement provides $125,000,000 for JARC programs. Funds provided for JARC projects are distributed as follows: 

Cleveland JARC Ohio ............................................................................ $750,000 

Abilene JARC, Texas ............................................................................. 150,000 

AC Transit—Calworks Job Center (Bay Area), California ................. 5,000,000 

Akron METRO Job Access and Reverse Commute, Ohio ................... 300,000 

ARC of Madison County, Alabama ....................................................... 350,000 

Bedford Ride, Virginia ........................................................................... 60,000 

Brockton Area Transit Authority JARC, Massachusetts ................... 600,000 

Broome County Transit, Binghamton, New York ............................... 250,000 

Central New York Job Access Reverse Commute, New York ............ 500,000 

Chatham JARC, Georgia ....................................................................... 2,000,000 

Children’s Health Fund JARC, Tennessee .......................................... 500,000 

City of Santa Fe, New Mexico .............................................................. 400,000 

Colorado Transit Coalition JARC ......................................................... 3,250,000 

Community Transportation JOBLINKS Demonstration .................... 3,300,000 

Connecticut Statewide JARC ................................................................ 2,500,000 

Craig Transit JARC, Alaska ................................................................. 50,000 

DCC Community Health & Safety Transport Project, Michigan ....... 300,000 

Delaware Statewide Welfare to Work .................................................. 750,000 

Detroit JARC, Michigan ........................................................................ 1,750,000 

Dooly-Crisp Unified Transportation System, Georgia ........................ 200,000 

Easter Seals Central Alabama JARC .................................................. 500,000 

El Paso JARC, Texas ............................................................................. 500,000 

Family Service Centers of Clearwater Ways to Work, FL ................. 500,000 

Flint MTA JARC, Michigan .................................................................. 2,000,000 

Gees Bend Ferry, Alabama ................................................................... 2,000,000 

Georgetown, Washington, D.C. Metro Connection .............................. 1,250,000 

Guaranteed Ride Program, California ................................................. 600,000 

Hillsborough Area Regional Transit JARC, Florida ........................... 100,000 

hOurCar Car-Sharing Program, Minnesota ........................................ 200,000 

Illinois Statewide JARC ........................................................................ 500,000 

IndyFlex, Indiana .................................................................................. 1,250,000 

Iowa Statewide JARC ............................................................................ 2,000,000 

Island Transit JARC, Texas ................................................................. 600,000 

Jefferson County JARC, Alabama ........................................................ 3,000,000 

Job Access Transit, Hayward, California ............................................ 500,000 

Jumpstart, Wisconsin ............................................................................ 290,000 

Kenai Peninsula JARC, Alaska ............................................................ 600,000 

Knox County CAC Transportation Program, Tennessee .................... 500,000 

Knoxville Area Transit Job Access Service, Tennessee ...................... 750,000 

Louisiana Statewide JARC ................................................................... 2,500,000 

Louisville JARC, Kentucky ................................................................... 1,150,000 

Lubbock, Citibus JARC, Texas ............................................................. 350,000 

Maine Statewide JARC Program ......................................................... 1,500,000 

MARC, Kansas ....................................................................................... 500,000 

Maryland Statewide JARC ................................................................... 2,700,000 

MASCOT Mat-su Valley, Alaska .......................................................... 200,000 

Metro St. Louis Downtown Shuttle Trolley, Missouri ........................ 950,000 

Metropolitan Access to Jobs Initiative, Fargo, North Dakota ............ 100,000 

Metropolitan Access to Jobs Initiative, North Dakota ....................... 100,000 

Metropolitan Council Job Access, Minneapolis, Minnesota ............... 1,000,000 

Missouri Statewide JARC ..................................................................... 5,500,000 

Mobile Association for Retarded Citizens, Alabama ........................... 250,000 

Mobility Coalition, Alaska .................................................................... 500,000 

Muncie Indiana Transit System JobConnection, Indiana .................. 140,000 

New Jersey Statewide JARC ................................................................ 5,250,000 

New Mexico Statewide JARC ............................................................... 2,150,000 

North Central Puget Sound Vehicle Trip Reduction Incentives, 

Washington ......................................................................................... 1,000,000 

1435 

North Oakland Transportation Authority, Michigan ......................... 150,000 

North Star Borough Transit JARC, Alaska ......................................... 75,000 

Okanogan County Senior Citizens JARC, Washington ...................... 226,430 

Oklahoma Statewide JARC .................................................................. 8,000,000 

Operation Ride DuPage, DuPage County, Illinois .............................. 500,000 

Patrick Henry Community College, Virginia ...................................... 25,000 

Philadelphia Unemployment Project (PUP), Pennsylvania ............... 1,500,000 

Pittsburgh JARC, Pennsylvania ........................................................... 2,800,000 

Platform Additions and Extensions on San Bernardino Line, California ................................................................................................... 2,000,000 

Port Authority of Allegheny County JARC, Pennsylvania ................. 6,250,000 

Portland Regional JARC, Oregon ......................................................... 2,300,000 

Poughkeepsie JARC, New York ............................................................ 50,000 

Ray Graham Association for People With Disabilities, Illinois ......... 130,000 

Red Rose Transit Authority, Lancaster, Pennsylvania ...................... 633,000 

Rhode Island Statewide JARC .............................................................. 1,650,000 

Rochester-Genesee Regional Transportation Authority, New York .. 750,000 

Rogue Valley Transit District JARC, Oregon ...................................... 200,000 

Sacramento Region JARC, California .................................................. 2,000,000 

Salem Keizer Transit JARC, Oregon ................................................... 200,000 

SEPTA JARC, Pennsylvania ................................................................ 3,500,000 

Seward Transit JARC, Alaska .............................................................. 200,000 

SRTA Elderly Van Service, Massachusetts ......................................... 400,000 

Statewide Small Urban and Rural Public/Specialized Transportation Services (JARC), Nevada ........................................................ 2,000,000 

Suffolk County United Veterans, New York ....................................... 200,000 

Tennessee Statewide JARC .................................................................. 6,000,000 

Toledo JARC, Ohio ................................................................................ 350,000 

Tompkins Consolidated Area Transit JARC, New York .................... 100,000 

Vermont Statewide JARC ..................................................................... 1,000,000 

Veterans Wheelchair Olympic Games, Alaska .................................... 100,000 

VIA Metropolitan JARC, Texas ............................................................ 750,000 

Washington Metro Job Access Initiative ............................................. 2,500,000 

Washington State Transit Car Sharing Job Access, Washington ...... 2,000,000 

Ways to Work, Minnesota ..................................................................... 1,975,000 

Ways to Work, Wisconsin ...................................................................... 1,000,000 

West Virginia Statewide JARC ............................................................ 1,000,000 

Western Reserve Transit Job Access Program, Ohio .......................... 750,000 

Wichita Transit Authority JARC, Kansas ........................................... 400,000 

Wisconsin Statewide JARC ................................................................... 2,600,000 

WorkFirst Transportation Initiative, Washington .............................. 1,598,570 

Wyandotte Co/KCK JARC, Kansas ...................................................... 500,000 

Washington Metropolitan Area Transit Authority JARC.—The 

conferees direct FTA to permit WMATA to reprogram funds currently and previously appropriated for WMATA’s JARC program to 

be used to provide ADA paratransit service to persons who are eligible for such service under the Americans with Disabilities Act of 

1990 (42 U.S.C. 12101 et seq.) and the guidelines for WMATA’s 

MetroAccess program. 

GENERAL PROVISIONS—FEDERAL TRANSIT ADMINISTRATION

The conference agreement includes a provision (Section 160) 

that exempts previously made transit obligations from limitations 

on obligations, as proposed by both the House and Senate. 

The conference agreement includes a provision (Section 161) 

that allows funds for discretionary grants of the Federal Transit 

Administration for specific projects, except for fixed guideway modernization projects, not obligated by September 30, 2005, and other 

recoveries, to be used for other projects under 49 U.S.C. 5309, as 

proposed by both the House and Senate. 

The conference agreement includes a provision (Section 162) 

that allows transit funds appropriated before October 2, 2003, that 

1436 

remain available for expenditure to be transferred, as proposed by 

both the House and Senate. 

The conference agreement includes a provision (Section 163) 

that prohibits Federal transit grantees from obligating or expending funds after February 1, 2004, that would otherwise be available 

in the Act, if the grantee is involved directly or indirectly with any 

activity, including displaying or permitting to be displayed advertisements on its land, equipment, or in its facilities, that promotes 

the legalization or medical use of substances listed in schedule I of 

section 202 of the Controlled Substances Act, as proposed by the 

House. 

The conference agreement includes a provision (Section 164) 

that allows the restoration of obligation authority to formula grants 

funds that were reduced due to FTA violations of the Antideficiency 

Act, as proposed by the House. 

The conference agreement includes a provision (Section 165) 

that allows funds made available for Alaska and Hawaii ferry boats 

or ferry terminal facilities to be used to construct new vessels and 

facilities or to improve existing vessels and facilities, as proposed 

by the Senate. 

The conference agreement includes a provision (Section 166) 

that allows unobligated funds for new projects under Federal Transit Authority to be used during this fiscal year to satisfy expenses 

incurred for such projects, as proposed by the Senate. 

The conference agreement includes a provision (Section 167) 

that expands authorization allowing cooperative procurement of 

major capital equipment to 5 pilot projects, as proposed by the Senate. 

The conference agreement includes a provision (Section 168) 

that allows amounts previously made available to the Port Authority of Allegheny County to be used for bus purchases, as proposed 

by the Senate. 

The conference agreement includes a provision (Section 169) 

that allows a transfer of Greater New Haven Transit District bus 

funding for transit research, as proposed by the Senate. 

The conference agreement includes a provision (Section 170) 

that allows amounts previously made available to Matanuska 

Susitna Borough for ferry boats to be used for an intermodal facility, as proposed by the Senate. 

The conference agreement includes a provision (Section 171) 

that relates to bus funds for Honolulu, Hawaii, as proposed by the 

Senate. 

The conference agreement includes a provision (Section 172) 

that allows the Navy to receive funds from Hawaii for ferry boats 

for transportation services for the Arizona War Memorial, as proposed by the Senate. 

The conference agreement includes a provision (Section 173) 

that directs FTA to comply with the coordinated development and 

governmental funding requirements of Section 3042 of the Federal 

Transit Act of 1998, as proposed by the Senate. 

The conference agreement includes a provision (Section 174) 

that modifies the calculation of the non-New Starts share of funding for the San Francisco Muni Third Street Light Rail Project, as 

proposed by the House. 

1437 

The conference agreement includes a provision (Section 175) 

that allows a transfer of funding for Vermont Commuter Rail to 

upgrade an existing rail project, as proposed by the Senate. 

The conference agreement includes a provision (Section 176) 

that allows unobligated funds made available to the Oklahoma 

Transit Association in Public Law 108–7 to instead be made available to the Metropolitan Tulsa Transit Authority and the Central 

Oklahoma Transportation and Parking Authority for any project or 

activity authorized under the JARC program, as proposed by the 

House. 

The conference agreement includes a provision (Section 177) 

that allows urbanized area formula grant funds and capital investment or discretionary grant funds awarded to the New York City 

Department of Transportation to be made available to the New 

York Metropolitan Transportation Authority for eligible capital 

projects. 

The conference agreement includes a provision (Section 178) 

that allows small urbanized areas that became part of the metropolitan Houston, Texas urbanized area, but lie outside the service 

area of the principal public transportation agency that serves that 

urbanized area to use funds made available to carry out 49 U.S.C. 

5307 in fiscal year 2005. 

The conference agreement includes a provision (Section 179) 

that allows funds made available to the Hawthorne-Warwick Commuter Rail Project to be reallocated for other projects. 

SAINT LAWRENCE SEAWAY DEVELOPMENT CORPORATION

OPERATIONS AND MAINTENANCE

(HARBOR MAINTENANCE TRUST FUND)

The conference agreement includes $15,900,000 for the Operations and Maintenance of the Saint Lawrence Seaway Development Corporation as proposed by both the House and Senate. The 

conferees designate that $1,500,000 of this total is for concrete replacement at Eisenhower and Snell Locks, as proposed by the 

House. 

MARITIME ADMINISTRATION

MARITIME SECURITY PROGRAM

The conference agreement includes $98,700,000 for the maritime security program as proposed by the House and Senate. 

OPERATIONS AND TRAINING

The conference agreement includes $109,478,000 for MARAD’s operations and training account, instead of $106,400,000 as proposed by the House and $110,910,000 as proposed by the Senate. 

The conference agreement allocates the funds for operations and 

training as follows: 

[In thousands of dollars] 

Activity Conference level 

U.S. Merchant Marine Academy: 

Salary and benefits ......................................................................... $23,753 

Midshipmen program ..................................................................... 6,303 

1438 

Activity Conference level 

Instructional program .................................................................... 3,448 

Program direction and administration ......................................... 2,945 

Maintenance, repair & operating requirements .......................... 6,327 

Capital improvements .................................................................... 13,138 

Subtotal, USMMA ....................................................................... 55,914 

State Maritime Schools: 

Student incentive payments .......................................................... 1,200 

Direct schoolship payments ........................................................... 1,200 

Schoolship maintenance and repair .............................................. 8,090 

Subtotal, State Maritime Academies ......................................... 10,490 

MARAD Operations: 

Salaries and benefits ...................................................................... 26,112 

Non-salary base .............................................................................. 10,448 

Subtotal—Base operations ......................................................... 36,560 

Enterprise architecture & IT security upgrades .......................... 150 

DOT working capital fund (IT consolidation) ............................... 4,560 

GSA space ....................................................................................... 94 

DOT Electronic Government ......................................................... 100 

Inland waterway conditions and performance report .................. 1,000 

Security Training Center ............................................................... 610 

Subtotal, MARAD Operations .................................................... 43,074 

Subtotal, Operations and Training ............................................ 109,478 

The conferees provide $610,000 as a one-time appropriation for 

relocation and reconfiguration of the CAPE CHALMERS from the 

National Defense Reserve Fleet to the Federal Law Enforcement 

Training Center in Charleston, South Carolina to establish a maritime security professional training center. Funds shall not be used 

for training purposes or for administration purposes associated 

with the Federal Law Enforcement Training Center. 

The conferees provide $1,000,000 to prepare a conditions and 

performance report and needs assessment for the inland waterways 

system. In developing the conditions and performance and needs 

assessment report, MARAD should consider and evaluate the potential for applying information technology and data management 

to the inland waterways infrastructure to address increased transportation demands. 

Base Ops Breakout.—The conferees direct MARAD to comprehensively delineate the antecedent line item elements, along 

with their associated, requested funding levels, that encompass 

base operations within future, officially submitted budget justifications to the House and Senate Committees on Appropriations. 

SHIP DISPOSAL

The conference agreement includes $21,616,000 for the disposal of obsolete vessels of the National Defense Reserve Fleet as 

proposed by the Senate, instead of $19,116,000 as proposed by the 

House. 

1439 

MARITIME GUARANTEED LOAN (TITLE XI) PROGRAM ACCOUNT

(INCLUDING TRANSFER OF FUNDS)

The conference agreement includes $4,764,000 for administration expenses of the maritime guaranteed loan program (Title XI) 

as proposed by the House and Senate. This level is adequate to 

fund the three requested full time equivalents to improve the administration and oversight of the Title XI loan process, as recommended by the DOT Inspector General. Further, MARAD is prohibited from detailing any personnel overseeing the Title XI program to any other modal administration, including the Office of the 

Secretary, without the advance consent of both the House and Senate Committees on Appropriations. In addition, the conferees direct 

MARAD to implement the additional three recommendations detailed in the Inspector General’s follow-up audit of the Title XI program dated September 28, 2004, and make available up to 

$2,000,000 of the Title XI funds provided under Public Law 108– 

11 to be used to develop and acquire a comprehensive computerbased financial monitoring system. 

NATIONAL DEFENSE TANK VESSEL CONSTRUCTION PROGRAM

The conference agreement amends a provision included in the 

Senate bill and includes $75,000,000 for the National Defense Tank 

Vessel Construction Program authorized under Public Law 108– 

136. 

SHIP CONSTRUCTION

(RESCISSION)

The conference agreement includes a rescission of unobligated 

balances totaling $1,979,000 from the dormant ship construction 

account as proposed by the House, instead of $1,900,000 as proposed by the Senate. 

GENERAL PROVISIONS—MARITIME ADMINISTRATION

The conference agreement includes a provision (Sec. 180) that 

authorizes MARAD to furnish utilities and services and make necessary repairs in connection with any lease, contract, or occupancy 

involving Government property under control of MARAD, and allow 

payments received to be credited to the Treasury, as proposed by 

both the House and Senate. 

The conference agreement includes a provision (Sec. 181) that 

does not allow obligations to be incurred during the current fiscal 

year from the construction fund established by the Merchant Marine Act, 1936. 

RESEARCH AND SPECIAL PROGRAMS ADMINISTRATION

RESEARCH AND SPECIAL PROGRAMS

The conference agreement provides $47,115,000 for Research 

and Special Programs, instead of $46,790,000 as proposed by the 

House and $49,000,000 as proposed by the Senate. Funding for the 

Office of Emergency Transportation has been transferred to the OfVerDate Aug 04 2004 07:33 Dec 01, 2004 Jkt 096906 PO 00000 Frm 01443 Fmt 6601 Sfmt 6601 E:\HR\OC\HR792.XXX HR792
1440 

fice of the Secretary, as proposed by the House. The agreement approves a staffing level of 225 and includes the following funding allocations: 

Hazardous Materials Safety ................................................................. $25,159,000 

Research and Technology ...................................................................... 2,434,000 

Program Support ................................................................................... 19,572,000 

PIPELINE SAFETY

The conference agreement provides $69,769,000 for the Office 

of Pipeline Safety, instead of $68,466,000 as proposed by the House 

and $71,073,000 as proposed by the Senate. The conferees approve 

4 additional pipeline inspectors, instead of 2 as proposed by the 

House and 6 as proposed by the Senate. 

Oil Spill Liability Trust Fund.—The conferees strongly agree 

with language contained in both the House and Senate reports regarding the oil spill liability trust fund. The fiscal year 2006 budget 

justification should adequately address the allocation of resources, 

containing an itemization of how these funds are being allocated 

within OPS, as proposed by the House. 

Natural Gas Distribution Pipeline Safety.—In lieu of directives 

proposed by the Senate, the conferees direct the Office of Pipeline 

Safety to report to the House and Senate Committees on Appropriations by May 1, 2005, detailing the extent to which integrity 

management plan [IMP] elements may be applied to the natural 

gas distribution pipeline industry in order to enhance distribution 

system safety. This report should detail the IMP implementation 

approach for operators of natural gas distribution pipelines, including development of guidance for adoption by states, and publication 

and promotion of best practices and development of national consensus standards and/or federal or state regulation. In addition, 

the report should include specific milestones and performance 

measures on the actions that will be necessary to carry out the 

IMP initiative and should examine the financial implications of an 

IMP and impacts on natural gas consumers. The Administrator 

shall provide quarterly updates to the House and Senate Committees on Appropriations regarding the status of the implementation. 

Public Safety and Education Programs.—The conferees include 

$750,000 for RSPA to create a clearinghouse to evaluate public 

safety and education efforts, as proposed by the Senate. 

Small Gas Distribution Systems.—The conferees encourage the 

Office of Pipeline Safety to work closely with and assist existing organizations and foundations in efforts to develop and deliver educational tools and materials to small gas utilities. The conferees 

support those efforts focused on operating and maintenance procedures that will help prevent incidents, rapidly and safely control 

hazards and restore service in the event of accidental or intentional 

damage to pipelines. 

EMERGENCY PREPAREDNESS GRANTS

The conference agreement provides a total of $14,500,000 for 

Emergency Preparedness Grants, as proposed by both the House 

and the Senate. 

1441 

OFFICE OF INSPECTOR GENERAL

SALARIES AND EXPENSES

The conference agreement includes $59,000,000 for the Office 

of Inspector General, as proposed by the Senate. 

SURFACE TRANSPORTATION BOARD

SALARIES AND EXPENSES

The conference agreement provides a funding level of $21,250,000 for the Surface Transportation Board to fund salaries 

and expenses from a direct appropriation, as proposed by the Senate. The conference agreement includes language that allows the 

Board to offset $1,050,000 of this appropriation from fees collected 

during the fiscal year, as proposed by the Senate. 

The conference agreement approves a level of 150 FTE for the 

Board, as proposed by the Senate. 

GENERAL PROVISIONS—DEPARTMENT OF TRANSPORTATION

(INCLUDING TRANSFER OF FUNDS)

Section 185 permits appropriations to the Department of 

Transportation to be available for maintenance and operation of 

aircraft; hire of passenger motor vehicles and aircraft; purchase of 

liability insurance for motor vehicles operating in foreign countries 

on official department business; and uniforms or allowances by law, 

as proposed by the House and Senate. 

Section 186 allows funds for the Department of Transportation 

to be available for services as authorized by 5 U.S.C. 3109, as proposed by the House and Senate. 

Section 187 prohibits funds to be used for salaries and expenses of more than 106 political and Presidential appointees in 

the Department of Transportation, and requires that none of the 

personnel covered by this provision may be assigned on temporary 

detail outside DOT, as proposed by the House and Senate. 

Section 188 prohibits funds from being used to implement section 404 of title 23, United States Code, as proposed by the House 

and Senate. 

Section 189 prohibits the dissemination of personal information 

obtained by a State department of motor vehicles in connection 

with a motor vehicle record, as proposed by the House and Senate. 

Section 190 permits funds received by specified DOT agencies 

from States or other private or public sources for expenses incurred 

for training to be credited to certain specified agency accounts, as 

proposed by the House and Senate. 

Section 191 authorizes the Secretary of Transportation to allow 

the issuer of any preferred stock sold to the Department to redeem 

or repurchase such stock upon the payment to the Department of 

an amount determined by the Secretary, as proposed by the House 

and Senate. 

Section 192 prohibits funds to be used to make a grant unless 

the Secretary of Transportation notifies the House and Senate 

Committees on Appropriations no less than 3 days in advance of 

any discretionary grant award, letter of intent, or full funding 

1442 

grant agreement totaling $1,000,000, as proposed by the House and 

Senate. 

Section 193 allows certain rebates, refunds, and related payments to be credited to appropriations of the Department of Transportation, as proposed by the House and Senate. 

Section 194 requires that amounts determined to represent recoveries of improper payments should be available for certain specified expenses, as proposed by the House and Senate. 

Section 195 authorizes the Secretary of Transportation to 

transfer the unexpended balances available for the bonding assistance program from ‘‘Office of the Secretary, Salary and Expenses’’ 

to ‘‘Minority Business Outreach’’, as proposed by the House and 

Senate. 

Section 196 prohibits funds from being obligated to approve assessments or reimbursable agreements pertaining to funds appropriated to the modal administrations, as proposed by the House 

and Senate. 

Section 197 limits working capital fund obligations to 

$130,210,000. 

Section 198 specifies that the City of Norman, Oklahoma shall 

be considered to be part of the Oklahoma City urbanized area for 

fiscal years 2004 and 2005. 

Section 199 amends 49 U.S.C. 41716(b) relating to exemptions 

for air service to small and nonhub airports. The conferees believe 

the DOT and FAA should take steps to encourage airline service 

to small hub airports. Air service plays a critical role in the economic development of communities serviced by small hub airports. 

Continued economic growth for these communities and their airports is dependent upon having access to large hub airports. Therefore, DOT and FAA are urged to make it their highest priority to 

allocate permanent slots at LaGuardia Airport to allow the communities of Akron-Canton, Ohio and Newport News-Williamsburg, 

Virginia to each have permanent third roundtrips to LaGuardia 

with stage III aircraft with no less than 110 and no more than 125 

seats. 

TITLE II—DEPARTMENT OF THE TREASURY 

DEPARTMENTAL OFFICES

SALARIES AND EXPENSES

(INCLUDING TRANSFER OF FUNDS)

Appropriates $157,559,000 for departmental offices of the 

Treasury Department instead of $177,000,000 as proposed by the 

House and $161,313,000 as proposed by the Senate. The conferees 

direct the funds to be allocated as follows: 

Executive Direction ............................................................................... $7,274,000 

General Counsel ..................................................................................... 7,200,000 

Economic Policies and Programs .......................................................... 31,657,000 

Financial Policies and Programs .......................................................... 26,072,000 

Terrorism and Financial Intelligence ................................................... 10,633,000 

Treasury Wide Management ................................................................. 16,760,000 

Administration ....................................................................................... 57,963,000 

1443 

Provides $100,000 for official representation and reception expenses instead of $75,000 as proposed by the House and $150,000 

as proposed by the Senate. Fiscal year 2005 representation and reception expenses for the other bureaus and offices of the Department are provided under the specific appropriating paragraphs as 

proposed by the Senate. 

Deletes the provision proposed by the House setting aside 

funds for the Office of Foreign Assets Control (OFAC). The conferees have provided resources for OFAC under a separate header 

as proposed by the Senate and retained the provision allowing for 

the transfer of funds to that account. 

Deletes the provision proposed by the House limiting travel expenses to $2,750,000. The Senate did not include a similar provision. The conferees direct the Secretary to submit quarterly reports 

to the House and Senate Committees on Appropriations providing 

details, including expenses, for all Treasury employee foreign travel 

and the domestic travel for Treasury employees at the SES level 

and above. 

Deletes the provision proposed by both the House and the Senate setting aside $2,900,000 for grants to state and local law enforcement to fight money laundering. While the conferees support 

the efforts of law enforcement, the Department has not obligated 

any of the funds provided in fiscal year 2004 for these activities. 

The conferees direct the Department to obligate the funds in a 

timely manner. 

Modifies the provision proposed by the Senate allowing for the 

transfer of funds between Office activities through reprogramming 

actions. The conferees limit transfers to 2.5% instead of the Senate 

proposed 5%. The House did not include a similar provision. 

As proposed by the Senate, the conferees deny the request to 

reimburse the Department of Homeland Security $2,400,000 for 

protective services. 

Retains the Senate provisions specifying $1,900,000 and five 

FTE for the Office of Emergency Preparedness, $1,000,000 to promote basic financial literacy and education, and $1,000,000 for critical infrastructure protection research and development. 

Modifies the direction proposed by the Senate under Financial 

Crimes Enforcement Network (FinCEN) regarding duplicative systems in FinCEN and the IRS. The conferees direct the Secretary 

to certify within 30 days of enactment of this Act that FinCEN’s 

BSA information collection system is the only system of its sort 

under development. Further, none of the funds provided to the IRS 

for information technology projects may be obligated until the Secretary provides such certification. 

OFFICE OF FOREIGN ASSETS CONTROL

SALARIES AND EXPENSES

Appropriates $22,291,000 for salaries and expenses as proposed by the Senate. The House proposed funding the office within 

the amounts provided for departmental offices. The conferees assume no less than 138 FTE will be funded under this resource 

level. 

1444 

DEPARTMENT-WIDE SYSTEMS AND CAPITAL INVESTMENTS PROGRAMS

(INCLUDING TRANSFER OF FUNDS)

Appropriates $32,260,000 for the Department’s systems and 

capital investments. The conference agreement assumes $1,500,000 

for appliance-based computer security technology as described in 

the House report, $400,000 for enterprise architecture, and 

$500,000 for certificate-based internet security as described under 

‘‘Departmental Offices’’ in the House report. In addition, not to exceed $2,500,000 is available for e-gov activities. 

The conferees direct the Department to better detail the e-gov 

activities in future budget justifications, including associated costs 

and Department-specific benefits. As proposed by the Senate, the 

conferees have not provided $275,000 as requested for information 

technology governance. 

OFFICE OF INSPECTOR GENERAL

SALARIES AND EXPENSES

Appropriates $16,500,000 for salaries and expenses of the Inspector General’s office as proposed by the House, instead of 

$16,158,000 as proposed by the Senate. The conferees direct the Inspector General to allocate the amounts over the budget request 

evenly between audit and investigation activities. 

Retains language allowing up to $2,500 to be used for official 

reception and representation expenses as proposed by the Senate. 

The House did not identify funds for such purposes. 

The conferees direct the IG to complete the audit on the Treasury Building and Annex repair and restoration project, including 

building code compliance, and issue a final report by April 4, 2005. 

The conferees modify the direction of the House regarding employee-driven cost overruns and request that the IG identify costs 

associated with employee delays on planned moves into alternative 

space during restoration phases. 

The conferees retain the directive in the House report regarding a status report on creation of the Financial Crimes Enforcement Network’s Office of Compliance with a reporting date of 

March 11, 2005. 

TREASURY INSPECTOR GENERAL FOR TAX ADMINISTRATION

SALARIES AND EXPENSES

Appropriates $129,126,000 for salaries and expenses of the Tax 

Inspector General’s office as proposed by both the House and the 

Senate. 

Retains language allowing up to $1,500 to be used for official 

reception and representation expenses as proposed by the Senate. 

The House did not identify funds for such purposes. 

AIR TRANSPORTATION STABILIZATION PROGRAM ACCOUNT

Appropriates $2,000,000 for the air transportation stabilization 

program as proposed by both the House and the Senate. 

1445 

TREASURY BUILDING AND ANNEX REPAIR AND RESTORATION

Appropriates $12,316,000 for the repair and restoration of the 

Treasury building and annex as proposed by the Senate instead of 

$20,316,000 as proposed by the House. The conference agreement 

does not include the House proposal to transfer funds to the Office 

of Inspector General. 

EXPANDED ACCESS TO FINANCIAL SERVICES

(RESCISSION)

Rescinds $4,000,000 from unobligated balances as proposed by 

both the House and the Senate. 

VIOLENT CRIME REDUCTION PROGRAM

(RESCISSION)

Rescinds $1,200,000 from the violent crime reduction program 

as proposed by the Senate. The House proposed rescinding 

$1,000,000. 

FINANCIAL CRIMES ENFORCEMENT NETWORK

SALARIES AND EXPENSES

Appropriates $72,502,000 for the Financial Crimes Enforcement Network (FinCEN) as proposed by the Senate instead of 

$90,002,000 as proposed by the House. The conference agreement 

provides up to $14,000 for official representation and reception expenses and $7,500,000 for BSA Direct as proposed by the Senate, 

and a new provision allowing up to $350,000 from available funds 

to be used for costs associated with the 2005 Annual Plenary of the 

Egmont Group. The House did not include similar provisions. The 

conferees retain the requirement included in the Senate report directing the FinCEN Director to report to the Committees on Appropriations on any delay, deviation, or cost change to the BSA Direct 

program. 

The conference agreement includes $3,000,000 over the budget 

request to hire no less than 18 full time equivalent positions for the 

Bank Secrecy Act (BSA) compliance program as proposed by the 

Senate. The conferees retain the directive proposed by the Senate 

that resources provided over the budget request may only be used 

by the Office of Compliance or the Office of Regulatory Support, 

and shall not be used for any other purpose without the written approval from the House and Senate Committees on Appropriations. 

FINANCIAL MANAGEMENT SERVICE

SALARIES AND EXPENSES

Appropriates $230,930,000 for salaries and expenses as proposed by both the House and the Senate. In addition, the conference agreement allows for up to $2,500 to be used for official reception and representation expenses as proposed by the Senate. 

The House did not identify funds for such purpose. 

1446 

ALCOHOL AND TOBACCO TAX AND TRADE BUREAU

SALARIES AND EXPENSES

Appropriates $83,000,000 for salaries and expenses of the alcohol and tobacco tax and trade bureau as proposed by the Senate, 

instead of $82,542,000 as proposed by the House. Funds over the 

budget request are to be used to establish an information technology infrastructure independent from the Bureau of Alcohol, Tobacco and Firearms. The Bureau is to report to the Committees by 

March 1, 2005 as directed by the Senate. 

In addition, the bill allows for up to $6,000 to be used for official reception and representation expenses as proposed by the Senate. The House did not identify funds for such purpose. 

UNITED STATES MINT

UNITED STATES MINT PUBLIC ENTERPRISE FUND

Limits expenditures from the Fund to $24,000,000 for operations, instead of $41,100,000 as proposed by both the House and 

the Senate. 

BUREAU OF THE PUBLIC DEBT

ADMINISTERING THE PUBLIC DEBT

Appropriates $175,166,000 for the salaries and expenses of the 

bureau of public debt as proposed by both the House and the Senate. In addition, the bill allows for up to $2,500 to be used for official reception and representation expenses as proposed by the Senate. The House did not identify funds for such purpose. 

INTERNAL REVENUE SERVICE

The conferees direct the Commissioner to include an IRS operating plan with the plan submitted by the Treasury 60 days after 

enactment of this Act as described in the House report. 

Retains language regarding workforce alignment activities as 

proposed by Senate. The House included a similar provision with 

a difference in reporting dates. 

PROCESSING, ASSISTANCE AND MANAGEMENT

Appropriates $4,089,574,000 for costs associated with processing, assistance and management of the Service instead of 

$4,071,824,000 as proposed by the House and $4,107,325,000 as 

proposed by the Senate. Of the funds provided, the conferees have 

set aside $4,100,000 for tax counseling for the elderly, $8,000,000 

for low-income taxpayer clinics, and up to $25,000 for official representation and reception expenses. The conference agreement does 

not include provisions regarding postage as proposed by the Senate. 

TAX LAW ENFORCEMENT

(INCLUDING TRANSFER OF FUNDS)

Appropriates $4,398,729,000 for enforcement instead of 

$4,278,107,000 as proposed by the House and $4,519,350,000 as 

1447 

proposed by the Senate. Allows for the transfer of up to 

$10,000,000 from the Social Security Administration as proposed 

by the House. 

The conferees direct the Commissioner to submit quarterly reports regarding IRS’s progress on compliance activities as proposed 

by the Senate. 

The conferees direct GAO to review IRS and FinCEN compliance with the requirements of the Bank Secrecy Act as proposed 

by the Senate. 

INFORMATION SYSTEMS

Appropriates $1,590,492,000 for information systems instead of 

$1,622,093,000 as proposed by the House and $1,606,768,000 as 

proposed by the Senate. 

BUSINESS SYSTEMS MODERNIZATION

Appropriates $205,000,000 for business system modernization 

instead of $285,000,000 as proposed by the House and 

$125,000,000 as proposed by the Senate. The conferees retain the 

requirement directed by both the House and the Senate regarding 

GAO review and Committee approval of the annual spend plan. 

The conference agreement does not include a rescission of fiscal 

year 2004 funds proposed by the Senate. 

HEALTH INSURANCE TAX CREDIT ADMINISTRATION

Appropriates $34,841,000 for administration of the health insurance tax credit program as proposed by both the House and the 

Senate. 

GENERAL PROVISIONS—INTERNAL REVENUE SERVICE

Retains four general provisions proposed by the Senate. The 

House included similar provisions under the Department-wide general provision section. 

GENERAL PROVISIONS—DEPARTMENT OF THE TREASURY

Retains nine general provisions proposed by the House. The 

Senate included similar provisions with minor grammatical differences. 

Retains the provision proposed by the Senate extending authority for the Franchise Fund indefinitely. The House proposed extending the Fund for one year. 

Retains the provision proposed by the Senate regarding the 

Check Forgery Insurance Fund. The House included a similar provision with a minor grammatical difference. 

Retains the provision proposed by the Senate directing the Secretary to provide a report on currency manipulation to the Committees on Appropriations. The conferees direct the Secretary to also 

address the reporting requirements directed in the House and Senate reports, and include trade data of China’s other trade partners 

in his analysis. 

Includes a provision streamlining the process for official oversight of IRS field office operations by designated individuals. 

1448 

Modifies the provision proposed by the Senate regarding the 

creation of the Office of Terrorism and Financial Intelligence in regard to reporting authority. The House did not include a similar 

provision. 

Deletes the provision proposed by the Senate regarding Cuba 

travel. 

TITLE III 

EXECUTIVE OFFICE OF THE PRESIDENT AND FUNDS APPROPRIATED

TO THE PRESIDENT

COMPENSATION OF THE PRESIDENT

The conference agreement provides $450,000 for compensation 

of the President as proposed by both the House and Senate. 

WHITE HOUSE OFFICE

SALARIES AND EXPENSES

The conference agreement provides $62,000,000 instead of 

$59,525,000 as proposed by the House and $63,698,000 as proposed 

by the Senate. The conference agreement allows up to $9,975,000 

in reimbursements to the White House Communications Agency as 

proposed by the Senate instead of $8,345,395 as proposed by the 

House. The bill specifies that, of the total funding provided, 

$2,475,000 is for the Homeland Security Council. The House had 

proposed a similar funding level in a separate appropriation. The 

Senate bill assumed $4,173,000 under this appropriation. The conferees agree to technical wording differences as proposed by the 

House. 

EXECUTIVE RESIDENCE AT THE WHITE HOUSE

OPERATING EXPENSES

The conference agreement provides $12,760,000 as proposed by 

both the House and the Senate. 

REIMBURSABLE EXPENSES

The conference agreement includes bill language on reimbursements as proposed by both the House and the Senate and identical 

to language carried in fiscal year 2004. 

WHITE HOUSE REPAIR AND RESTORATION

The conference agreement provides $1,900,000 as proposed by 

both the House and the Senate. 

COUNCIL OF ECONOMIC ADVISERS

SALARIES AND EXPENSES

The conference agreement provides $4,040,000 as proposed by 

both the House and the Senate. 

1449 

OFFICE OF POLICY DEVELOPMENT

SALARIES AND EXPENSES

The conference agreement provides $2,300,000 instead of 

$2,267,000 as proposed by the House and $2,392,000 as proposed 

by the Senate. 

NATIONAL SECURITY COUNCIL

SALARIES AND EXPENSES

The conference agreement provides $8,932,000 as proposed by 

both the House and the Senate. 

HOMELAND SECURITY COUNCIL

SALARIES AND EXPENSES

The conference agreement deletes the appropriation of 

$2,475,000 proposed by the House. Funding is provided under 

‘‘White House office, salaries and expenses’’. 

OFFICE OF ADMINISTRATION

SALARIES AND EXPENSES

The conference agreement provides $92,269,000 instead of 

$92,696,000 as proposed by the House and $92,869,000 as proposed 

by the Senate. The agreement withholds the obligation of 

$4,000,000 in capital investment plan funds until submission, review, and approval of a report on enterprise architecture, as proposed by the House. Adjustments to the budget estimate are as follows: 

Adjustment Conference agreement 

Enterprise services program savings ................................................... ¥$400,00 

Business process analysis and consulting ........................................... ¥200,000 

Restoration of OMB to enterprise services program ........................... +7,193,000 

OFFICE OF MANAGEMENT AND BUDGET

SALARIES AND EXPENSES

The conference agreement provides $68,411,000 as proposed by 

the Senate instead of $67,759,000 as proposed by the House. The 

bill limits reception and representation expenses to $1,500 as proposed by the House instead of $3,000 as proposed by the Senate, 

and incorporates changes to the limitation on transcript alteration 

proposed by the House. Further, the agreement modifies the proposal of the Senate concerning OMB’s review of water resource 

project proposals of the Army Corps of Engineers by specifying that 

the limitations are applicable for fiscal year 2005 only. 

Adjustments to the budget estimate are as follows: 

Adjustment Conference agreement 

Staffing adjustment ............................................................................... ¥$1,600,000 

Restoration of FASAB and JFMIP transfer ........................................ +639,000 

Restoration of OMB to enterprise services program ........................... ¥7,193,000 

1450 

OFFICE OF NATIONAL DRUG CONTROL POLICY

SALARIES AND EXPENSES

The conferees agree to provide $27,000,000 for salaries and expenses, as proposed by the Senate. Within this total, the conference 

agreement retains specific funding and staffing levels for ONDCP 

administrative offices as proposed in the Senate report. In addition, 

2.5 new FTE are approved to be allocated to administrative offices 

at the Director’s discretion. 

The conference agreement provides the following funding levels 

for ONDCP offices: 

Operations .............................................................................................. $25,650,000 

Office of the Director ...................................................................... (3,315,500) 

Office of the Deputy Director ......................................................... (1,125,500) 

Office Management and Administration ...................................... (5,840,000) 

Office of General Counsel .............................................................. (1,065,000) 

Office of Public Affairs ................................................................... (2,130,000) 

Office of Legislative Affairs ........................................................... (700,000) 

Counterdrug Tech. Assessment Center ........................................ (760,000) 

Office of Planning and Budget ...................................................... (2,700,000) 

Office of Demand Reduction .......................................................... (1,550,000) 

Office of Media Campaign .............................................................. (935,000) 

Office of State and Local Affairs ................................................... (2,554,000) 

Office of Supply Reduction ............................................................. (2,310,000) 

Office of Intelligence ....................................................................... (665,000) 

Policy Research ...................................................................................... 1,350,000 

COUNTERDRUG TECHNOLOGY ASSESSMENT CENTER

(INCLUDING TRANSFER OF FUNDS)

The conferees agree to provide $42,000,000 for the counterdrug 

technology center, as proposed by the Senate. Of this amount, the 

conferees agree to provide $24,000,000 for the operation of the technology transfer program and $18,000,000 for counternarcotics research and development, as proposed by the Senate. 

The conference agreement retains language proposed by the 

Senate directing the CTAC chief scientist to submit an expenditures report prior to the obligation of funds. The agreement also retains language directing CTAC to complete all on-going technology 

acquisition projects and adhere to its research and development 

spending plan, as proposed by the Senate. The conferees agree with 

language proposed by the Senate directing CTAC to expeditiously 

obligate all of its research funding in pursuit of functions for which 

it was appropriated. 

FEDERAL DRUG CONTROL PROGRAMS

HIGH INTENSITY DRUG TRAFFICKING AREAS PROGRAM

(INCLUDING TRANSFER OF FUNDS)

The conferees agree to provide $228,350,000 for the HIDTA 

program, as proposed by the Senate. Of the funds provided, no 

more than $2,000,000 shall be for the CPOT program and no less 

than $2,000,000 shall be for new counties. The conferees agree that 

HIDTAs designated as of September 30, 2004 shall be funded at no 

less than the fiscal year 2004 initial allocations, as proposed by the 

House. 

1451 

The conferees encourage ONDCP to refocus the distribution 

of excess funding on enhancing the domestic interdiction of illegal 

drugs by launching additional investigations, by disrupting and dismantling local mid-level drug trafficking organizations and by supporting the HIDTA Intelligence Support Centers. 

OTHER FEDERAL DRUG CONTROL PROGRAMS

(INCLUDING TRANSFER OF FUNDS)

The conferees agree to provide $213,700,000 for Other Federal Drug Control Programs, instead of $195,000,000 as proposed 

by the House and Senate. Within the amount provided, the agreement provides the following allocations: 

National Youth Anti-Drug Media Campaign ...................................... $120,000,000 

Drug Free Communities Support Program ......................................... 80,000,000 

Community Anti-Drug Coalitions ................................................. (2,000,000) 

Counterdrug Intelligence Executive Secretariat ................................. 2,000,000 

National Drug Court Institute .............................................................. 750,000 

National Alliance for Model State Drug Laws .................................... 1,000,000 

U.S. Anti-Doping Agency ...................................................................... 7,500,000 

World Anti-Doping Agency Membership Dues .................................... 1,450,000 

Performance Measures Development ................................................... 1,000,000 

The conference agreement directs ONDCP to maintain funding 

for nonadvertising services for the Media Campaign at no less than 

the FY03 ratio of service funding to total funds and to re-institute 

the corporate outreach program as it operated prior to its cancellation. The conferees direct ONDCP to obligate the appropriation for 

NAMSDL expeditiously, although not outside normal grant procedures. In addition, the conferees retain language as proposed by 

the Senate directing ONDCP to submit the planned performance 

measures development plan. 

UNANTICIPATED NEEDS

The conference agreement provides $1,000,000 as proposed by 

both the House and the Senate. 

SPECIAL ASSISTANCE TO THE PRESIDENT

SALARIES AND EXPENSES

The conference agreement provides $4,571,000 as proposed by 

both the House and the Senate, and adopts the header as proposed 

by the Senate. 

OFFICIAL RESIDENCE OF THE VICE PRESIDENT

OPERATING EXPENSES

(INCLUDING TRANSFER OF FUNDS)

The conference agreement provides $333,000 as proposed by 

both the House and the Senate, and adopts the header as proposed 

by the Senate. 

1452 

TITLE IV—INDEPENDENT AGENCIES 

ARCHITECTURAL AND TRANSPORTATION BARRIERS COMPLIANCE

BOARD

SALARIES AND EXPENSES

The conference agreement includes $5,686,000 as proposed by 

the House and Senate. 

ELECTION ASSISTANCE COMMISSION

SALARIES AND EXPENSES

(INCLUDING TRANSFER OF FUNDS)

Appropriates $14,000,000 for salaries and expenses of the 

Commission instead of $15,000,000 as proposed by the House and 

$10,000,000 as proposed by the Senate. The conferees direct the 

Commission to cap employment at 22 full time equivalent positions 

and that of the funds provided, no more than $2,515,000 shall be 

for personnel compensation and benefits. 

Transfers $2,800,000 to the National Institute of Standards 

and Technology (NIST) as proposed by the Senate, instead of up to 

$2,500,000 as proposed by the House. The conferees direct the 

Commission to report by March 2, 2005 on the activities and resources planned in fiscal year 2005 on research and standards, including those at NIST. In addition, the conferees provide $200,000 

for the national student parent mock election and $200,000 for the 

Help America Vote College Program. 

The conferees did not retain the provision proposed by the 

House prohibiting funds from being used to lobby for an election 

date change. However, the conferees agree that the Commission 

should focus its efforts and resources on the priorities outlined in 

the Help America Vote Act of 2002 such as making grants and setting standards. 

FEDERAL ELECTION COMMISSION

SALARIES AND EXPENSES

Appropriates $52,159,000 for salaries and expenses of the 

Commission as proposed by both the House and the Senate. 

FEDERAL LABOR RELATIONS AUTHORITY

SALARIES AND EXPENSES

Appropriates $25,673,000 for salaries and expenses as proposed by the Senate, instead of $29,673,000 as proposed by the 

House. 

RESCISSION

Rescinds $3,000,000 from unobligated balances of the Authority as proposed by the Senate. The House did not include a similar 

provision. 

1453 

FEDERAL MARITIME COMMISSION

SALARIES AND EXPENSES

The conference agreement includes $19,496,000 as proposed by 

the Senate, instead of $19,362,000 as proposed by the House. 

GENERAL SERVICES ADMINISTRATION

REAL PROPERTY ACTIVITIES

FEDERAL BUILDINGS FUND

LIMITATIONS ON AVAILABILITY OF REVENUE

(INCLUDING TRANSFER OF FUNDS)

Provides resources from the Federal Buildings Fund in the aggregate amount of $7,217,043,000 instead of $6,996,741,000 as proposed by the House and $7,159,324,000 as proposed by the Senate. 

Modifies the provision proposed by the Senate regarding a Federal 

building in Tuscaloosa, Alabama to include authorization for construction and management. The House did not have a similar provision. 

CONSTRUCTION

Limits funds for construction to $708,542,000 instead of 

$522,251,000 as proposed by the House and $710,823,000 as proposed by the Senate. The conference agreement provides funds for 

the following projects: 

Courthouses: 

Los Angeles, CA .............................................................................. $314,385,000 

San Diego, CA ................................................................................. 3,068,000 

El Paso, TX ..................................................................................... 63,462,000 

Las Cruces, NM .............................................................................. 60,600,000 

Border Stations: 

Calais, ME ....................................................................................... 3,269,000 

Madawaska, ME ............................................................................. 1,760,000 

Warroad, MN .................................................................................. 1,837,000 

Alexandria Bay, NY ....................................................................... 8,884,000 

Massena, NY ................................................................................... 15,000,000 

Dunseith, ND .................................................................................. 2,301,000 

Portal, ND ....................................................................................... 22,351,000 

Del Norte, El Paso, TX ................................................................... 26,191,000 

Ysleta, El Paso, TX ......................................................................... 2,491,000 

Derby Line, VT ............................................................................... 3,190,000 

Norton, VT ...................................................................................... 580,000 

Richford, VT .................................................................................... 589,000 

Other: 

FBI Building, Los Angeles, CA ...................................................... 14,054,000 

Southeast Federal Center Site Remediation, DC ........................ 2,650,000 

10 West Jackson Place, Chicago, IL .............................................. 53,170,000 

FDA Consolidation, Montgomery County, MD ............................ 88,710,000 

Nonprospectus Construction .......................................................... 10,000,000 

Judgment Fund repayment ........................................................... 10,000,000 

REPAIRS AND ALTERATIONS

Limits resources for repairs and alterations to $980,222,000 as 

proposed by the Senate instead of $931,211,000 as proposed by the 

House. The bill specifies funding levels for certain projects and various programs which were proposed in the House and Senate bills. 

1454 

The conferees have provided $2,000,000 for the steam distribution 

project in the District of Columbia as proposed by the House and 

modified the amount provided for design to $48,699,000 and the 

amount provided for basic repairs and alterations to $393,500,000. 

INSTALLMENT ACQUISITION PAYMENTS

Limits $161,442,000 for installment acquisition payments as 

proposed by both the House and the Senate. 

RENTAL OF SPACE

Limits $3,657,315,000 for rental of space instead of 

$3,672,315,000 as proposed by the House and $3,597,315,000 as 

proposed by the Senate. 

BUILDING OPERATIONS

Limits $1,709,522,000 for building operations as proposed by 

both the House and the Senate. 

GENERAL ACTIVITIES

GOVERNMENT-WIDE POLICY

Appropriates $62,100,000 for government-wide policy activities 

as proposed by both the House and the Senate. 

OPERATING EXPENSES

Appropriates $92,175,000 for operating expenses instead of 

$82,175,000 as proposed by the House and $85,175,000 as proposed 

by the Senate. Of the funds provided, the conferees direct GSA to 

make the following distributions: 

Ruffner Mountain Educational Facility, AL ........................................ $500,000 

Center for the Living Arts, AL ............................................................. 500,000 

Alaska statehood celebration, University of Alaska ........................... 250,000 

Way of a Champion, VA ........................................................................ 200,000 

Washington State Border Communities Prosecution Initiative ......... 1,000,000 

University of North Dakota Government Services Rural Outreach 300,000 

Walla Walla, WA surplus Federal property study .............................. 250,000 

City of Maryville, MO for airport improvements ................................ 450,000 

Web Wise Kids ....................................................................................... 200,000 

American Revolution Historical Literacy Project ................................ 700,000 

City of Desert Hot Springs Civic Center, CA ...................................... 425,000 

Oklahoma City National Memorial Foundation .................................. 3,000,000 

Public Service Recognition Week .......................................................... 150,000 

B&O Railroad Museum Restoration, MD ............................................ 500,000 

Center for Jewish History digitization project, NY ............................ 500,000 

San Francisco, CA Muni Radio Replacement System ........................ 750,000 

Kings County Hospital Redevelopment, NY ........................................ 500,000 

Aviation Education, NH Community Technical College, Nashua, 

NH ....................................................................................................... 500,000 

OFFICE OF INSPECTOR GENERAL

Appropriates $42,351,000 for the Inspector General as proposed by both the House and the Senate. 

1455 

ELECTRONIC GOVERNMENT FUND

(INCLUDING TRANSFER OF FUNDS)

Appropriates $3,000,000 for e-gov activities as proposed by the 

Senate instead of $5,000,000 as proposed by the House. 

ALLOWANCES AND OFFICE STAFF FOR FORMER PRESIDENTS

(INCLUDING TRANSFER OF FUNDS)

Appropriates $3,106,000 for former presidents as proposed by 

the Senate instead of $3,449,000 as proposed by the House. 

EXPENSES, PRESIDENTIAL TRANSITION

Due to the outcome of the 2004 Presidential election, no funds 

are needed for these purposes in fiscal year 2005. The conferees 

have not provided additional funds proposed by the House for activities associated with the President’s second term. The resources 

for these activities should be funded out of the agencies and departments as necessary. 

GENERAL PROVISIONS—GENERAL SERVICES ADMINISTRATION

(INCLUDING RESCISSION OF FUNDS)

Continues six general provisions proposed by both the House 

and the Senate and carried in prior Acts. 

Retains the provision regarding the sale of the Middle River 

Depot at Middle River, Maryland in consultation with Baltimore 

County, Maryland officials as proposed by the Senate. The House 

contained a similar provision without the Baltimore County provision. 

Retains the provision regarding contracts for property studies, 

deed inspection, and relocation expenses as proposed by both the 

House and the Senate. 

Retains the provision rescinding $106,000,000 from the Federal 

Buildings Fund as proposed by the Senate. The House did not include a similar provision. 

Retains the provision regarding changes to the Moss United 

States Courthouse Annex Project in Salt Lake City, Utah as proposed by the Senate. The House did not include a similar provision. 

Deletes the provision proposed by the Senate regarding transfer of the Panama Canal Commission and associated revolving fund 

to GSA. The House did not include a similar provision and transfer 

was legislated in a prior Act. 

Retains the provision regarding the conveyance of land to 

Baton Rouge, Louisiana as proposed by the Senate. The House did 

not include a similar provision. 

Retains the provision allowing GSA to convey property and retain the proceeds in the Federal Buildings Fund as proposed by the 

House. The Senate did not include a similar provision. 

Retains the provision regarding the conveyance of land in 

Nahant, Massachusetts as proposed by the House. The Senate did 

not include a similar provision. 

1456 

Retains the provision regarding telecommunications services in 

Federal buildings as proposed by the Senate. The House did not include a similar provision. 

MERIT SYSTEMS PROTECTION BOARD

SALARIES AND EXPENSES

(INCLUDING TRANSFER OF FUNDS)

Appropriates $34,677,000, plus $2,626,000 from appropriate 

trust funds, for salaries and expenses of the Board as proposed by 

the Senate. The House proposed a funding level of $34,683,000, and 

a transfer of $2,620,000 from the trust funds. 

MORRIS K. UDALL SCHOLARSHIP AND EXCELLENCE IN NATIONAL

ENVIRONMENTAL POLICY FOUNDATION

MORRIS K. UDALL SCHOLARSHIP AND EXCELLENCE IN NATIONAL

ENVIRONMENTAL POLICY TRUST FUND

(INCLUDING TRANSFER OF FUNDS)

The conference agreement provides $1,996,000 for the Morris 

K. Udall Trust Fund, as proposed by the Senate. 

ENVIRONMENTAL DISPUTE RESOLUTION FUND

The conference agreement provides $1,309,000 for the Environmental Dispute Resolution Fund, as proposed by the Senate. 

NATIONAL ARCHIVES AND RECORDS ADMINISTRATION

OPERATING EXPENSES

Appropriates $266,945,000 for operating expenses of the Administration as proposed by the Senate instead of $264,185,000 as 

proposed by the House. 

ELECTRONIC RECORDS ARCHIVES

Appropriates $35,914,000 for the electronic records archives as 

proposed by both the House and the Senate. Retains the directive 

to GAO to report on program costs, schedule, and performance by 

May 25, 2005. 

REPAIRS AND RESTORATION

Appropriates $13,432,000 for repairs and restoration instead of 

$7,182,000 as proposed by the House and $12,182,000 as proposed 

by the Senate. Retains bill language providing $3,000,000 for site 

preparation and construction management for the Pacific Alaska 

Regional Archives facility in Anchorage, Alaska and $2,000,000 for 

repair and restoration of the plaza of the Lyndon Baines Johnson 

Presidential Library in Austin, Texas. 

The conferees reiterate the concern about the delay in repairing the plaza as stated in the Senate report. The conferees direct 

the Archivist to require the President of the University of Texas in 

Austin to submit a plan, including project milestones, for plaza repair prior to any transfer of funds to the University of Texas. 

1457 

ln addition, the conferees direct $500,000 for technical assistance to the Nixon Library in California, $750,000 for technical assistance to the Roosevelt Library in New York, and $1,000,000 for 

design and renovations to the Kennedy Library in Massachusetts. 

NATIONAL HISTORICAL PUBLICATIONS AND RECORDS COMMISSION— 

GRANTS PROGRAM

Appropriates $5,000,000 for the grant program as proposed by 

the Senate instead of $3,000,000 as proposed by the House. 

NATIONAL TRANSPORTATION SAFETY BOARD

SALARIES AND EXPENSES

The conferees agree to provide $76,700,000 instead of 

$76,925,000 as proposed by the House and $76,425,000 as proposed 

by the Senate. Consistent with both the House and Senate, the conferees direct NTSB to use funds over the requested level to hire accident investigators. None of these additional funds shall be used 

to enhance staffing at the Academy. The conferees direct NTSB to 

report to both the House and Senate Committees on Appropriations 

by April 4, 2005 regarding specific improvements to the budget justification materials the Board has made and will make in compliance with the directive contained in the statement of managers associated with the fiscal year 2004 Transportation and Treasury and 

Independent Agencies Appropriations Act. 

(RESCISSION)

The conferees agree to rescind $8,000,000 in unobligated balances associated with Public Law 106–246 as proposed by both the 

House and Senate. 

OFFICE OF GOVERNMENT ETHICS

SALARIES AND EXPENSES

Appropriates $11,238,000 for salaries and expenses of the Office as proposed by both the House and the Senate. 

OFFICE OF PERSONNEL MANAGEMENT

SALARIES AND EXPENSES

(INCLUDING TRANSFER OF TRUST FUNDS)

Appropriates $125,500,000 for salaries and expenses instead of 

$120,444,000 as proposed by the House and $130,600,000 as proposed by the Senate. Transfers a total of $128,462,000 from appropriate trust funds for administrative expenses, of which 

$27,640,000 is for automated record keeping, as proposed by both 

the House and the Senate. 

The conferees have not included bill language identifying specific resource levels for various e-gov projects as proposed by both 

the House and the Senate, but direct the Office not to exceed the 

funding levels for the following projects: $1,870,000 for the enterprise human resources integration project, $6,219,000 for the federal payroll project, $748,000 for the e-human resources informaVerDate Aug 04 2004 07:33 Dec 01, 2004 Jkt 096906 PO 00000 Frm 01461 Fmt 6601 Sfmt 6601 E:\HR\OC\HR792.XXX HR792
1458 

tion system project, and $1,887,000 for the e-clearance project. To 

accommodate the obligation rate of these projects, the conference 

agreement provides that $12,000,000 of the funds are made available until September 30, 2007. No funds are provided for the recruitment one stop project or the program evaluation and performance assessment project. 

In addition, the conference agreement provides $250,000 to 

complete the retirement readiness project. The conferees urge the 

Office to expand the retirement readiness project to non-federal 

employees. 

Of the funds provided, the conference agreement allows the Director the flexibility to allocate the budget resources consistent 

with the direction provided in this statement of the managers and 

the budget justifications. The conferees reiterate the direction in 

the House report to submit an operating plan within 60 days of enactment of this Act to the House and Senate Committees on Appropriations detailing program funding levels for fiscal year 2005. 

Reiterates the House direction to the Director to respond to the 

Butner Low Security Correctional Institution petition within 30 

days of enactment of this Act. 

Modifies the House direction regarding pay and non-pay compensation of the Federal workforce. The conferees direct the Director to submit a report by March 4, 2005 comparing the pay and 

non-pay compensation packages of the Federal workforce and the 

private sector. 

The conferees share the concerns expressed by the Senate regarding child care and expect OPM and GSA, with technical assistance from GAO, to work collaboratively to collect data on child care 

needs, analyze options to meet the identified needs, and provide 

the data and analysis to GAO. The conferees direct GAO to review 

the data and analyses and provide an evaluation of the results to 

the Committees on Appropriations. The conferees expect an update 

on the status of these efforts 90 days after enactment of this Act. 

In addition, the conferees reiterate the Senate direction to the Office to re-evaluate efforts to inform low-income employees of programs to assist with child care expenses. 

OFFICE OF INSPECTOR GENERAL

SALARIES AND EXPENSES

(INCLUDING TRANSFER OF TRUST FUNDS)

Appropriates $1,627,000, plus a transfer of $16,461,000 from 

appropriate trust funds for the Inspector General as proposed by 

both the House and the Senate. 

GOVERNMENT PAYMENT FOR ANNUITANTS, EMPLOYEES HEALTH

BENEFITS

Appropriates such sums as may be necessary for health benefit 

payments, estimated to be $8,135,000,000, as proposed by both the 

House and the Senate. 

1459 

GOVERNMENT PAYMENT FOR ANNUITANTS, EMPLOYEES LIFE

INSURANCE

Appropriates such sums as may be necessary for life insurance 

payments, estimated to be $35,000,000 as proposed by both the 

House and the Senate. 

PAYMENT TO CIVIL SERVICE RETIREMENT AND DISABILITY FUND

Appropriates such sums as may be necessary for the fund, estimated to be $9,772,000,000, as proposed by both the House and the 

Senate. 

HUMAN CAPITAL PERFORMANCE FUND

No funds are provided for the performance fund as proposed by 

the Senate, instead of $12,514,000 as proposed by the House. 

GENERAL PROVISION—OFFICE OF PERSONNEL MANAGEMENT

Retains the provision regarding the detail of executive branch 

employees to the legislative branch as a general provision under 

title VI as proposed by the House, instead of under OPM as proposed by the Senate. 

OFFICE OF SPECIAL COUNSEL

SALARIES AND EXPENSES

Appropriates $15,449,000 for salaries and expenses of the 

Counsel as proposed by both the House and the Senate. 

UNITED STATES POSTAL SERVICE

PAYMENT TO THE POSTAL SERVICE FUND

The conference agreement provides $90,709,000 for the payment to the Postal Service Fund, as proposed by the Senate. Of 

this amount, $61,709,000 is provided as an advance appropriation 

for free mail for the blind and overseas voters to be available on 

October 1, 2005. The agreement also includes $29,000,000 for repayment for revenue forgone. 

EMERGENCY PREPAREDNESS

The conference agreement provides $507,000,000 for emergency expenses to enable the Postal Service to protect postal employees and postal customers from exposure to hazardous materials 

in the mail, as proposed by the Senate. Of this amount, $7,000,000 

is specified as an emergency requirement for the mail irradiation 

facility in Washington, DC. 

UNITED STATES TAX COURT

SALARIES AND EXPENSES

The conference agreement includes $41,180,000 as proposed by 

the House and Senate. 

1460 

TITLE V—GENERAL PROVISIONS 

THIS ACT

(INCLUDING TRANSFERS OF FUNDS)

Section 501 permits funds for pay raises for programs funded 

in this Act, with a technical change as proposed by the Senate. The 

House bill contained a similar provision. 

Section 502 prohibits funds to be used for the planning or execution of any program to pay the expenses of non-Federal parties, 

as proposed by the House and Senate. 

Section 503 prohibits funds from remaining available for obligation beyond the current fiscal year unless expressly provided in 

this Act, as proposed by the House and Senate. 

Section 504 limits consulting service expenditures in procurement contracts to those of public record, as proposed by the House 

and Senate. 

Section 505 prohibits funds from being transferred to any department, agency, or instrumentality of the United States Government unless approved in an appropriations Act, as proposed by the 

House and Senate. 

Section 506 prohibits funds for paying the salary of any government employee that would prohibit the enforcement of section 

307 of the Tariff Act of 1930, as proposed by the House and Senate. 

Section 507 protects the employment rights of Federal employees who return to their civilian jobs after assignment with the 

Armed Forces, as proposed by the House and Senate. 

Section 508 prohibits funds from being provided to entities that 

fail to comply with sections 2 through 4 of the Buy America Act, 

as proposed by the House and Senate. 

Section 509 prohibits the use of funds by any person or entity 

that has been convicted of violating the Buy America Act, as proposed by the House and Senate. 

Section 510 modifies provisions proposed by the House and 

Senate related to the reprogramming process for agencies funded 

in this Act. 

Section 511 provides that fifty percent of unobligated balances 

of funds provided in this Act remain available through fiscal year 

2006, as proposed by the House and Senate. 

Section 512 prohibits funds to be used by the Executive Office 

of the President to request official background investigation reports 

from the Federal Bureau of Investigations, as proposed by the 

House and Senate. 

Section 513 exempts contracts under the Federal Employees 

Health Benefits Program from certain cost accounting standards, 

as proposed by the House and Senate. 

Section 514 permits OPM to accept funds regarding the nonforeign area cost of living allowance program, as proposed by the 

House and Senate. 

Section 515 prohibits Federal Employee Health Benefit Program funds from being used to cover an abortion, as proposed by 

the House. 

1461 

Section 516 states that section 515 shall not apply when the 

life of the mother is endangered, or the pregnancy is the result of 

rape or incest, as proposed by the House. 

Section 517 waives the Buy America Act provision for Federal 

information technology purchases, as proposed by the Senate. 

Section 518 requires all Federal agencies to consult with Alaska Native corporations pursuant to Executive Order 13175, as proposed by the Senate. 

Section 519 prohibits the use of funds for a proposed rule relating to the determination of real estate brokerage as a financial activity. 

Section 520 amends the Securities Exchange Act of 1934 in regard to the Tennessee Valley Authority. The Senate included a 

similar provision. 

Section 521 amends section 307 of the Denali Commission Act 

of 1998, as proposed by the Senate. 

Section 522 requires each agency to establish a Chief Privacy 

Officer, to assume primary responsibility for privacy and data protection policy, as proposed by the Senate. 

Section 523 prohibits funds for the essential air service local 

participation program, as proposed by the House and Senate. 

Section 524 prohibits funds to produce an economic report including retail fast food employment under the definition of manufacturing employment, as proposed by the House. 

Section 525 amends section 302 of the Federal Election Campaign Act of 1971, as proposed by the Senate. 

Section 526 amends the Former Presidents Act to allow 

amounts provided for ‘‘Allowances and office staff for former Presidents’’ to be used for the review of Presidential records in connection with the transfer of such records to the National Archives and 

Records Administration, as proposed by the Senate. 

Section 527 allows funds made available for various Buffalo, 

New York transit projects to be made available for the Buffalo 

Inner Harbor Redevelopment Project. 

Section 528 allows funds made available for the Charleston 

Area Regional Transportation Authority to be made available for 

other transit purposes. 

Section 529 allows funds made available for Tri-Met Interstate 

light rail extension to allow acquisition of up to a total of twentyfour light rail vehicles. 

Section 530 extends an expiring statute exempting transit vehicle axle weight. 

Section 531 allows amounts made available to North Country 

County Consortium JARC, New York, in fiscal year 2004 to be 

made available for North Country Bus and Bus Related Equipment. 

Section 532 amends section 312 of the Federal Election Campaign Act of 1971, as proposed by the Senate. 

Section 533 allows for 10% transfer authority among certain offices of the Executive Office of the President. 

1462 

TITLE VI—GENERAL PROVISIONS 

DEPARTMENTS, AGENCIES, AND CORPORATIONS

Section 601 authorizes funds to be used for travel to the 

United States for the immediate families of Federal employees assigned to foreign duty in the event of a death or a life threatening 

illness of the employee, as proposed by the House and Senate. 

Section 602 requires agencies to administer a written policy designed to ensure that all of its workplaces are free from the illegal 

use of controlled substances, as proposed by the House and Senate. 

Section 603 limits the amount allowed per fiscal year for the 

purchase of any passenger motor vehicle to be purchased by the 

Federal Government, as proposed by the House and Senate. 

Section 604 allows funds to be used for expenses of travel for 

quarters allowances and cost-of-living allowances, as proposed by 

the House and Senate. 

Section 605 prohibits the government, with certain exceptions, 

from employing non-U.S. citizens whose posts of duty would be in 

the continental U.S., as proposed by the House and Senate. 

Section 606 ensures that agencies will have authority to pay 

GSA bills for space renovation and other services, as proposed by 

the House and Senate. 

Section 607 authorizes agencies to receive and use funds resulting from the sale of materials, and Federal records disposed of 

pursuant to a records schedule recovered through recycling or 

waste prevention programs, as proposed by the House and Senate. 

Section 608 permits funds to be used for administrative expenses of the corporations and agencies subject to chapter 91 of 

title 31, U.S.C. shall be available for rent in the District of Columbia, as proposed by the House and Senate. 

Section 609 prohibits funds to be used to pay any person filling 

a position which he or she has been nominated after the Senate 

has voted not to approve the nomination, as proposed by the House 

and Senate. 

Section 610 prohibits funds to be used for interagency financing of boards (except Federal Executive Boards) that do not have 

prior statutory approval, as proposed by the House and Senate. 

Section 611 allows funds to be available to the Postal Service 

Fund for employment of guards for all buildings and areas owned 

or occupied by the Postal Service, as proposed by the House and 

Senate. 

Section 612 prohibits funds from being used for any regulation 

that has been disapproved pursuant to a resolution, as proposed by 

the House and Senate. 

Section 613 limits the pay increases of certain prevailing rate 

employees described in section 5342(a)(2)(A) of title 5, United 

States Code, as proposed by the House and Senate. 

Section 614 prohibits funds from being obligated or expended 

in excess of $5,000 to furnish or redecorate the office of the head 

of any department or agency, as proposed by the House and Senate. 

Section 615 permits funds to be used for interagency funding 

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1463 

cations initiatives benefiting Federal agencies, as proposed by the 

House and Senate. 

Section 616 prohibits funds to be used for the salaries and expenses of any employee appointed to a position without a certification to the Office of Personnel Management from an agency employing a Schedule C appointee that was created solely to detail 

the employee to the White House, as proposed by the House and 

Senate. 

Section 617 requires agencies to administer a written policy designed to ensure that the workplace is free from discrimination and 

sexual harassment, as proposed by the House and Senate. 

Section 618 prohibits the payment of any employee who prohibits, threatens or prevents another employee from communicating with Congress, as proposed by the House and Senate. 

Section 619 prohibits Federal training not directly related to 

the performance of official duties, as proposed by the House and 

Senate. 

Section 620 prohibits the expenditure of funds for implementation of agreements in nondisclosure policies unless certain provisions are included, as proposed by the House and Senate. 

Section 621 prohibits propaganda, publicity and lobbying by 

executive agency personnel in support or defeat of legislative initiatives, as proposed by the House and Senate. 

Section 622 prohibits any Federal agency from disclosing any 

employee’s home address to any labor organization, absent employee authorization or court order, as proposed by the House and 

Senate. 

Section 623 prohibits funds from being used to provide nonpublic information such as mailing or telephone lists to any person 

or organization outside the government, as proposed by the House 

and Senate. 

Section 624 prohibits the use of funds for propaganda or publicity purposes not authorized by Congress, as proposed by the 

House and Senate. 

Section 625 directs agency employees to use official time in an 

honest effort to perform official duties, as proposed by the House 

and Senate. 

Section 626 authorizes that funds be available to finance an 

appropriate share of the Joint Financial Management Improvement 

Program administrative costs, as proposed by the House and Senate. 

Section 627 authorizes agencies to transfer funds to GSA to finance an appropriate share of the Joint Financial Management Improvement Program, as proposed by the House and Senate. 

Section 628 prohibits Federal funds from being used to prohibit 

any agency from independently contracting with private companies 

to provide online applications and processing services. 

Section 629 permits breast-feeding in a Federal building or on 

Federal property if the woman and child are authorized to be there, 

as proposed by the House and Senate. 

Section 630 permits interagency funding of specific projects of 

the National Science and Technology Council, as proposed by the 

House and Senate. 

1464 

Section 631 requires documents involving the distribution of 

Federal funds to indicate the agency providing the funds and the 

amount provided, as proposed by the House and Senate. 

Section 632 amends subsection (f) of section 403 of Public Law 

103–356 by striking ‘‘October 1, 2004’’ and inserting ‘‘October 1, 

2005’’, as proposed by the House and Senate. 

Section 633 prohibits the use of funds to monitor personal information relating to the use of Federal internet sites, or to collect, 

review, or create any aggregate list that includes personally identifiable information relating to access to or use of any Federal Internet site, as proposed by the House and Senate. 

Section 634 requires health plans participating in the FEHBP 

to provide contraceptive coverage and provides exemption for certain religious plans, as proposed by the House and Senate. 

Section 635 recognizes the U.S. Anti-Doping Agency as the official anti-doping agency of the Olympic, Pan American, and 

Paralympic sport in the U.S, as proposed by the House and Senate. 

Section 636 allows funds appropriated for official travel, if consistent with OMB Circular A–126, to participate in the fractional 

aircraft ownership pilot program, as proposed by the House and 

Senate. 

Section 637 restricts Federal purchases from Federal Prison 

Industries, Inc. unless the agency determines such purchase provides the best value to the agency. 

Section 638 prohibits funds to be used to implement or enforce 

restriction on the Coast Guard Congressional Fellowship Program 

or relating to the detail of Executive Branch employees to the Legislative Branch, as proposed by the House and Senate. 

Section 639 relates to the agency management of government 

charge cards, as proposed by the House and Senate. 

Section 640 states that the pay rate adjustment that takes effect in fiscal year 2005 should be a rate increase of 3.5% beginning 

the pay period on or after January 1, 2005, as proposed by the 

House and Senate. 

Section 641 requires a report on articles purchased by agencies 

that were manufactured outside of the United States, as proposed 

by the Senate. 

Section 642 restricts the use of funds for federal law enforcement training facilities, as proposed by the Senate. 

Section 643 amends 26 U.S.C. 6402 regarding offset procedures 

for the collection of past due, legally enforceable state unemployment compensation debts, as proposed by the Senate. 

Section 644 modifies a provision as proposed by the Senate to 

ensure the continued operation of the Midway Atoll Airfield. The 

conference agreement authorizes necessary intergovernmental 

funding transfers for the continued operation of the airfield and requires the Director of OMB to initiate such transfers so as to ensure the continuous, uninterrupted operation of the airfield. The 

conferees would welcome the receipt of any information from the 

Director as to whether certain capital investments on Midway Island might serve to lower the annual operating costs of the airfield. 

Section 645 designates the courthouse at 95 Seventh Street in 

San Francisco, California as the ‘‘James R. Browning United States 

Courthouse’’. 

1465 

CONFERENCE TOTAL—WITH COMPARISONS

The total new budget (obligational) authority for the fiscal year 

2005 recommended by the Committee of Conference, with comparisons to the fiscal year 2004 amount, the 2005 budget estimates, 

and the House and Senate bills for 2005 follow: 

[In thousands of dollars] 

New budget (obligational) authority, fiscal year 2004 ........................ $46,141,907 

Budget estimates of new (obligational) authority, fiscal year 2005 43,748,430 

House bill, fiscal year 2005 ................................................................... 43,540,159 

Senate bill, fiscal year 2005 .................................................................. 44,052,003 

Conference agreement, fiscal year 2005 .............................................. 43,993,116 

Conference agreement compared with: ................................................

New budget (obligational) authority, fiscal year 2004 ................ ¥2,148,791 

Budget estimates of new (obligational) authority, fiscal year 

2005 .............................................................................................. +244,686 

House bill, fiscal year 2005 ............................................................ +452,957 

Senate bill, fiscal year 2005 ........................................................... ¥58,887 

DIVISION I—DEPARTMENTS OF VETERANS AFFAIRS AND 

HOUSING AND URBAN DEVELOPMENT, AND INDEPENDENT AGENCIES APPROPRIATIONS ACT, 2005 

The language and allocations set forth in House Report 108– 

674 and Senate Report 108–353 should be complied with unless 

specifically addressed to the contrary in the conference report and 

statement of the managers. Report language included by the House 

which is not changed by the report of the Senate or the conference 

and Senate report language which is not changed by the conference 

is approved by the committee of the conference. The statement of 

the managers, while repeating some report language for emphasis, 

does not intend to negate the language referred to above unless expressly provided herein. In cases where the House or Senate have 

directed the submission of a report, such report is to be submitted 

to both House and Senate Committees on Appropriations. 

OPERATING PLAN REPROGRAMMING PROCEDURES

The conferees continue to have a particular interest in being 

informed of reprogrammings which, although they may not change 

either the total amount available in an account or any of the purposes for which the appropriation is legally available, represent a 

significant departure from budget plans presented to the Committees in an agency’s budget justifications, the basis of this appropriations Act. 

Consequently, the conferees direct the departments, agencies, 

boards, commissions, corporations and offices funded at or in excess 

of $100,000,000 in this Act, to consult with the Committee on Appropriations in both the House and Senate prior to each change 

from the approved budget levels in excess of $500,000 between programs, activities, object classifications or elements unless otherwise 

provided for in the statement of the managers accompanying this 

Act. For agencies, boards, commissions, corporations and offices 

funded at less than $100,000,000 in this Act, the reprogramming 

threshold shall be $250,000 between programs, activities, object 

classifications or elements unless otherwise provided for in the 

statement of the managers accompanying this Act. Additionally, 

1466 

the conferees expect the Committees on Appropriations to be 

promptly notified of all reprogramming actions which involve less 

than the above-mentioned amounts. If such actions would have the 

effect of significantly changing an agency’s funding requirements in 

future years, or if programs or projects specifically cited in the 

statement of the managers or accompanying reports of the House 

and Senate are affected by the reprogramming, the reprogramming 

must be approved by the Committees on Appropriations regardless 

of the amount proposed to be moved. Furthermore, the conferees 

direct that the Committees on Appropriations be consulted regarding reorganizations of offices, programs, and activities prior to the 

planned implementation of such reorganizations. 

The conferees also direct that the Departments of Veterans Affairs and Housing and Urban Development, as well as the Corporation for National and Community Service, the Environmental Protection Agency, the National Aeronautics and Space Administration, the National Science Foundation, the Consumer Product Safety Commission, and the Chemical Safety and Hazard Investigation 

Board shall submit operating plans, signed by the respective secretary, administrator, or agency head, for review by the Committees on Appropriations of both the House and Senate within 60 

days of enactment of this Act. Other agencies within this Act 

should continue to submit operating plans consistent with prior 

year policy, or as directed in this statement of the managers. 

The conferees reiterate the Committees’ longstanding position 

that while the Committees reserve the right to call upon all offices 

in the departments, agencies, boards, and commissions, access to 

the budget offices is essential and shall in no way be hindered. 

TITLE I—DEPARTMENT OF VETERANS AFFAIRS 

In addition to the directives above, the conferees direct that no 

changes may be made to any account or objective, except as approved by the Committees, if it is construed to be policy or change 

in policy. It is the intent of the conferees that all carryover funds 

in the various appropriations accounts are subject to the normal reprogramming requirements outlined above. The Department is directed to notify the Committees on Appropriations should the loan 

limitation of any program administered by the Department be met 

or exceeded. 

VETERANS BENEFITS ADMINISTRATION

COMPENSATION AND PENSIONS

(INCLUDING TRANSFER OF FUNDS)

Appropriates $32,607,688,000 for compensation and pensions 

as proposed by both the House and the Senate, of which not more 

than $20,703,000 is to be transferred to general operating expenses 

and medical services for reimbursement of necessary expenses in 

implementing the Omnibus Budget Reconciliation Act of 1990 and 

the Veterans’ Benefits Act of 1992. 

1467 

READJUSTMENT BENEFITS

Appropriates $2,556,232,000 for readjustment benefits as proposed by both the House and the Senate. 

VETERANS INSURANCE AND INDEMNITIES

Appropriates $44,380,000 for veterans insurance and indemnities as proposed by both the House and the Senate. 

VETERANS HOUSING BENEFIT PROGRAM FUND PROGRAM ACCOUNT

(INCLUDING TRANSFER OF FUNDS)

Appropriates such sums as may be necessary for costs associated with direct and guaranteed loans from the veterans housing 

benefit program fund program account as proposed by both the 

House and the Senate, limits obligations for direct loans to not 

more than $500,000 and provides that $154,075,000 is to be transferred to and merged with general operating expenses. 

VOCATIONAL REHABILITATION LOANS PROGRAM ACCOUNT

(INCLUDING TRANSFER OF FUNDS)

Appropriates $47,000 for the costs of direct loans from the vocational rehabilitation loans program account as proposed by both 

the House and the Senate, plus $311,000 to be transferred to and 

merged with general operating expenses. Provides for a direct loan 

limitation of $4,108,000. 

The conferees direct the Department to monitor carefully the 

program’s loan activity and notify the Committees on Appropriations of the House and Senate during the year if it determines that 

it may exceed the loan level amount. 

NATIVE AMERICAN VETERAN HOUSING LOAN PROGRAM ACCOUNT

(INCLUDING TRANSFER OF FUNDS)

Appropriates $571,000 for administrative expenses of the Native American veteran housing loan program account to be transferred to and merged with general operating expenses as proposed 

by both the House and the Senate. Provides a loan limitation of 

$50,000,000 for the program as proposed by both the House and 

the Senate. 

GUARANTEED TRANSITIONAL HOUSING LOANS FOR HOMELESS

VETERANS PROGRAM ACCOUNT

Provides up to $750,000 of the funds available in medical administration and general operating expenses to carry out the guaranteed transitional housing loans for homeless veterans program 

as proposed by the House instead of $600,000 as proposed by the 

Senate. 

VETERANS HEALTH ADMINISTRATION

The conferees have agreed to provide total resources of $30,330,370,000 to fund the various operating programs of the Veterans Health Administration (VHA), an increase of $1,195,000,000 

1468 

over the appropriation request level. None of the funds are contingent upon an emergency declaration as proposed by the Senate. 

Further, the conferees have agreed to fund VHA through the new 

account structure started in fiscal year 2004, comprised of four accounts: medical services, medical administration, medical facilities, 

and medical and prosthetic research. The conferees continue to believe this account structure will provide better oversight and 

achieve a more accurate accounting of funds. 

MEDICAL SERVICES

(INCLUDING TRANSFERS OF FUNDS)

Provides $19,472,777,000 to finance medical services for all 

veterans and beneficiaries in VA, State, and contract medical facilities. 

Retains bill language making $1,100,000,000 available until 

September 30, 2006, as proposed by both the House and the Senate. 

Retains bill language providing the Secretary with the authority to establish a priority system for veterans seeking medical care 

as proposed by both the House and the Senate. 

Retains bill language allowing the Secretary to give priority to 

medical services for priority 1–6 veterans, as proposed by both the 

House and the Senate. 

Retains bill language allowing the transfer of up to 

$400,000,000 to the construction, major projects account for the 

purposes of implementing Capital Asset Realignment for Enhanced 

Services (CARES) recommendations. The conferees direct the VA to 

notify the Committees on Appropriations prior to the transfer of 

funds for this purpose as stated in Senate Report 108–353. 

Modifies bill language proposed by the House, allowing the 

transfer of up to $125,000,000 to general operating expenses for 

Veterans Benefits Administration claims processing. The conferees 

direct the Secretary to notify the Committees on Appropriations of 

the House and Senate prior to any transfer. 

Retains bill language proposed by both the House and the Senate, allowing the Secretary to fill privately written prescriptions 

from VA facilities for designated veterans. The conferees agree that 

such benefit should not result in additional cost to the VA. 

Retains bill language proposed by both the House and Senate, 

providing $15,000,000 for the DoD/VA Health Care Sharing Incentive Fund. 

The conferees are in agreement that the Department shall submit a report on the steps, funds, and staff assigned to improving 

the transition from DoD to VA for service members returning from 

conflicts in the Middle East and other areas. The report is to be 

submitted no later than March 15, 2005. 

The conferees direct the continuation of the Joslin Vision Network at no less than the current level and encourage the VA to establish new pilot sites for the Network. 

The conferees agree with the Senate direction that the Department shall report on the number and location of training slots for 

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1469 

mitted to the House and Senate Committees on Appropriations by 

no later than February 4, 2005. Retains the Senate provision providing $20,000,000 for a new 

Prosthetics and Integrative Health Care Initiative. This new initiative will ensure that returning war veterans with loss of limbs and 

other very severe and lasting injuries have access to the best of 

both modern medicine and integrative holistic therapies for rehabilitation, and will ensure continuity of care for veterans who transition from the DOD health system, including the Amputee Center 

at Walter Reed Army Medical Center. The Department is directed 

to report to the Committees on Appropriations of the House and 

Senate on the status of this new initiative by February 4, 2005. 

Retains the Senate provision directing the VA to: (1) establish 

an advisory committee on complementary medicine; and (2) implement the recommendations of the White House Commission on 

Complementary and Alternative Medicine. The VA should report to 

the Committees on Appropriations of the House and Senate on the 

status of these issues by February 4, 2005. 

The conferees direct the VA to comply with all recommendations of the August 11, 2004, report by the Inspector General regarding issues at the Bay Pines VA Medical Center in Florida, and 

to report to the Committees on Appropriations of the House and 

Senate detailing progress in this matter by February 4, 2005. 

MEDICAL ADMINISTRATION

Appropriates $4,705,000,000, as proposed by both the House 

and Senate, for the expenses of the headquarters offices of the Veterans Health Administration as well as the costs of Veterans Integrated Service Network (VISN) offices and facility directors, all information technology hardware and software, legal services, billing 

and coding activities, procurement, and related activities. Includes language allowing $250,000,000 of the funds to be 

available until September 30, 2006. 

The conferees direct the Secretary to look at integrated medical 

asset tracking programs and conduct a pilot program to test the 

feasibility of the implementation of such programs. 

The conferees direct the Secretary to review the need for the 

development of a web portal and implement a pilot program of the 

system, consistent with existing emergency response systems. 

MEDICAL FACILITIES

Appropriates $3,745,000,000 for the operation, maintenance 

and security of VHA’s capital infrastructure as proposed by both 

the House and Senate. Included under this heading are provisions 

for the costs associated with utilities, engineering, capital planning, 

leases, laundry and food services, grounds-keeping, garbage, housekeeping, facility repair, and property disposition and acquisition. 

Retains language allowing $250,000,000 of the funds to be 

available until September 30, 2006 as proposed by the Senate. 

The conferees reiterate the directive contained in the fiscal 

year 2004 Consolidated Appropriations Act that the Department of 

Veterans Affairs offer to transfer to the U.S. Army Corps of Engineers one residential property in Fort Thomas, Kentucky, to be 

used as the residence for the Commander of the Great Lakes and 

1470 

Ohio River Division, and appreciate the progress that has been 

made so far. 

MEDICAL AND PROSTHETIC RESEARCH

Appropriates $405,593,000 for medical and prosthetic research 

as proposed by the Senate instead of $384,770,000 as proposed by 

the House. The conferees direct the Department to continue its 

technology transfer activities at the current level of effort through 

the West Virginia High Technology Consortium Foundation. 

The conferees direct the Department to prioritize prosthetics in 

its research agenda and report to the Committee on Appropriations 

of the House and Senate by March 15, 2005 on its efforts. 

DEPARTMENTAL ADMINISTRATION

GENERAL OPERATING EXPENSES

Appropriates $1,324,753,000 for general operating expenses instead of $1,319,753,000 as proposed by the House and 

$1,399,753,000 as proposed by the Senate. 

Provides not less than $1,027,193,000 for the Veterans Benefits 

Administration (VBA) as proposed by the House instead of 

$1,102,193,000 as proposed by the Senate. 

Provides two-year availability for $66,000,000 as proposed by 

both the House and Senate. 

The conferees direct VA to proceed with information technology 

initiatives supporting the Department’s enterprise architecture and 

continuity of operations capabilities and direct that not less than 

$25,000,000 be allocated for these activities Department-wide. Additionally, the conferees direct that all cyber-security and enterprise architecture activities continue to be centrally managed by 

the Chief Information Officer. Finally, the conferees reiterate the 

House position that the Department report quarterly on key information technology objectives and efforts to meet these objectives. 

NATIONAL CEMETERY ADMINISTRATION

Appropriates $148,925,000 for the National Cemetery Administration as proposed by both the House and Senate. Provides twoyear obligation authority for $7,400,000 of the appropriated funds. 

OFFICE OF INSPECTOR GENERAL

Appropriates $69,711,000 for the Office of Inspector General as 

proposed by the House instead of $64,711,000 as proposed by the 

Senate. 

CONSTRUCTION, MAJOR PROJECTS

Appropriates $458,800,000 for construction, major projects as 

proposed by both the House and Senate. The conferees have included bill language proposed by both the House and Senate which 

defines a major construction project as one where the estimated 

cost is more than the amount set forth in 38 U.S.C. 8104(a)(3)(A). 

The conference agreement includes $370,709,000 for construction projects supporting the fiscal year 2005 recommendations of 

the Secretary’s National CARES plan as identified in the May 20, 

1471 

2004 report entitled ‘‘CARES Major Construction Projects, Fiscal 

Year 2004–2010.’’ The specific projects are also identified in both 

the House and Senate reports. 

Additional recommendations of the conferees are as follows: 

Description House Report 

108–674 

Senate Report 

108–353 

Conference 

agreement 

CARES ......................................................................................................... $370,709,000 $370,709,000 $370,709,000 

VHA Advance Planning Fund ...................................................................... 14,000,000 14,000,000 14,000,000

VHA Asbestos .............................................................................................. 3,000,000 3,000,000 3,000,000 

VHA Claims ................................................................................................. 1,000,000 1,000,000 1,000,000 

VHA Judgment ............................................................................................. 8,091,000 8,091,000 8,091,000 

VHA Hazardous Waste ................................................................................. 2,000,000 2,000,000 2,000,000 

Emergency Response Security Study .......................................................... 2,000,000 2,000,000 2,000,000 

NCA Phase I Development: Sacramento, CA .............................................. 21,600,000 21,600,000 21,600,000 

NCA Expansion: Barrancas, FL ................................................................... 20,000,000 20,000,000 20,000,000

NCA Expansion: Rock Island, IL ................................................................. 10,200,000 10,200,000 10,200,000

NCA Design Funds ...................................................................................... 3,200,000 3,200,000 3,200,000 

NCA Advance Planning Fund ...................................................................... 1,000,000 1,000,000 1,000,000 

Staff Offices ................................................................................................ 2,000,000 2,000,000 2,000,000 

The conferees agree with the Senate direction that the Department update its 5-year strategic plan for capital asset management 

on a periodic basis. 

The conferees direct the Department to review the financial 

status of all existing major construction projects and the major 

working reserve account. The Department shall provide information on any unobligated and unexpended funds that may be recaptured and spent on other CARES projects. 

The conferees agree with the direction contained in the Senate 

report regarding the establishment of an independent CARES advisory body. 

As part of the CARES initiative, the Department will, in some 

cases, depend on contracting with local providers to deliver health 

care services. The Department is to provide a business plan to the 

Committees on Appropriations of the House and Senate that will 

address the issues raised in the Senate report. This plan should be 

submitted no later than March 15, 2005. 

Finally, the conferees agree with the Senate direction that the 

Department submit a business plan for excess infrastructure that 

details disposition strategy and budgetary impacts. 

CONSTRUCTION, MINOR PROJECTS

Appropriates $230,779,000 for construction, minor projects as 

proposed by the Senate instead of $230,799,000 as proposed by the 

House. The conferees have included bill language proposed by both 

the House and Senate which defines a minor construction project 

as one where the estimated cost is equal to or less than the amount 

set forth in 38 U.S.C. 8104(a)(3)(A). 

The conference agreement provides $182,100,000 for construction projects implementing CARES recommendations, as proposed 

by the Senate instead of $162,100,000 as proposed by the House. 

Additional amounts may be used for CARES activities upon notification of and approval by the Committees on Appropriations of the 

House and Senate. 

1472 

GRANTS FOR CONSTRUCTION OF STATE EXTENDED CARE FACILITIES

Appropriates $105,163,000 for grants for construction of state 

extended care facilities as proposed by both the House and the Senate. 

GRANTS FOR THE CONSTRUCTION OF STATE VETERANS CEMETERIES

Appropriates $32,000,000 for grants for construction of state 

veterans cemeteries as proposed by both the House and the Senate. 

ADMINISTRATIVE PROVISIONS

(INCLUDING TRANSFERS OF FUNDS)

Retains the first eleven administrative provisions which were 

carried in both the House and Senate bills, and which have been 

carried in previous years. 

Retains section 112 as proposed by the House allowing the Secretary to manage effectively the billing and collection process to 

third party insurers. The Senate had proposed similar language. 

Retains section 113 as proposed by the House providing 

$25,000,000 of VA’s total information technology budget for enterprise architecture activities under the Office of the Chief Information Officer. The Senate did not include this provision. 

Retains section 114 as proposed by the House regarding implementation of Public Law 107–287 by prohibiting funds for implementation of section 2 and section 5. The Senate had proposed 

similar language. 

Retains the provision proposed by the Senate regarding the 

Secretary’s authority in depositing receipts from various funds into 

the Medical Care Collections Fund. The House had proposed similar language. 

Retains the provision proposed by both the House and Senate 

directing the Secretary to conduct a recovery audit program. 

Retains the provision proposed by both the House and Senate 

allowing the Secretary to transfer enhanced-use lease revenue from 

the Medical Care Collections Fund to the construction accounts. 

Retains the provision proposed by both the House and Senate 

allowing the Secretary to furnish recreation services and pay funeral expenses. 

Retains the provision proposed by both the House and Senate 

transferring all balances in the Medical Care Collections Fund to 

medical services. 

Retains the provision proposed by both the House and Senate 

allowing the transfer of funds among Veterans Health Administration accounts. 

Retains the provision proposed by the House providing for the 

transfer of funds from general operating expenses to Veterans 

Housing Benefit Program Fund Program Account for a nationwide 

property management contract. The Senate had proposed a similar 

provision. 

Retains the provision proposed by the House authorizing the 

Department to expend such sums as are available in the unobligated balances of the funds originally appropriated to medical care 

for emergency expenses resulting from the January 1994 earthVerDate Aug 04 2004 07:33 Dec 01, 2004 Jkt 096906 PO 00000 Frm 01476 Fmt 6601 Sfmt 6601 E:\HR\OC\HR792.XXX HR792
1473 

quake in Southern California, for the same purposes of the medical 

services account until expended. The Senate had proposed a similar 

provision. 

Deletes the provision proposed by the Senate which would 

have made funds transferred pursuant to Public Law 108–199 from 

medical services to construction, major projects, available until expended. 

Modifies the provision proposed by the Senate which allows eligible veterans who reside in Alaska to obtain medical services from 

medical facilities supported by the Indian Health Service. 

Adds a new administrative provision which allows the Secretary to transfer up to $19,800,000 appropriated in Public Law 

108–324 from construction, minor projects to medical facilities for 

non-recurring maintenance expenses related to hurricane and tropical storm damage. Neither House nor Senate bills had included 

this language. 

TITLE II—DEPARTMENT OF HOUSING AND URBAN 

DEVELOPMENT 

The conferees restate the reprogramming requirements with 

respect to amounts approved for each appropriations account within this title. The Department must limit the reprogramming of 

funds between the programs, projects, and activities within each 

account to not more than $500,000 without prior approval of the 

Committees on Appropriations. Unless otherwise identified in this 

statement of managers or committee reports, the most detailed allocation of funds presented in the budget justifications shall be considered to be approved, with any deviation from such approved allocation subject to the normal reprogramming requirements outlined above. Further, it is the intent of the conferees that all carryover funds in the various accounts, including recaptures and 

deobligations, are subject to the normal reprogramming requirements outlined above. Further, no changes may be made to any 

program, project, or activity if it is construed to be policy or a 

change in policy, without prior approval of the Committees. Finally, 

the conferees expect to be notified regarding reorganizations of offices, programs or activities prior to the planned implementation of 

such reorganizations, as well as be notified, on a monthly basis, of 

all ongoing litigation, including any negotiations or discussions, 

planned or ongoing, regarding a consent decree between the Department and any other entity. 

PUBLIC AND INDIAN HOUSING

TENANT-BASED RENTAL ASSISTANCE

(INCLUDING TRANSFER OF FUNDS)

The conference agreement adopts the account structure proposed by the House to fund tenant-based section 8 activities and 

project-based section 8 activities in two separate accounts to provide better transparency and oversight of expenditures in these 

programs that now represent over fifty percent of the Department’s 

budget. The Senate proposed to continue to fund both tenant-based 

1474 

and project-based Section 8 activities in the Housing Certificate 

Fund. 

The joint explanatory statement of the managers herein reflects the agreement of the conferees on tenant-based and projectbased section 8 programs and activities. The language and direction included in this joint explanatory statement of the managers 

replaces any language included in the Senate report regarding 

these programs, including Senate language under the Housing Certificate Fund account, and replaces any language included in the 

House report regarding these programs, including House language 

under the Tenant-Based Rental Assistance, Project-Based Rental 

Assistance, and Housing Certificate Fund accounts. 

The conference agreement appropriates $14,885,000,000 for 

tenant-based section 8 (voucher) activities under the Tenant-Based 

Rental Assistance account instead of $14,677,019,000 as proposed 

by the House. The Senate proposed $15,359,019,000 for these activities within the Housing Certificate Fund account. Language is 

included designating funds provided as follows: 

Activity Conference agreement 

Voucher Renewals .................................................................................. $13,462,989,000 

Tenant Protection Vouchers .................................................................. 163,000,000 

Administrative Costs ............................................................................. 1,259,011,000 

(Administrative Fees) ............................................................................ (1,210,107,000) 

(Family Self-Sufficiency Coordinators) ................................................ (46,000,000) 

(Working Capital Fund) ........................................................................ (2,904,000) 

Total, Tenant Based Rental Assistance .................................... 14,885,000,000 

Section 8 Voucher Renewals.—The conference agreement includes $13,462,989,000 to fund tenant-based section 8 vouchers in 

calendar year 2005, instead of $13,303,177,000 as proposed by the 

House. The Senate proposed $13,787,115,000 within the Housing 

Certificate Fund. New language is included setting forth the distribution of renewal funds as described herein. 

The Department is provided $13,462,989,000 to fund tenantbased vouchers in calendar year 2005. HUD shall not use recaptures from any source or any project-based carryover to augment 

total 2005 funding for this account. HUD shall provide all public 

housing agencies (PHAs) with a fixed, annual budget that each 

agency must manage their voucher programs within for 2005. HUD 

shall determine such annual budgets for public housing agencies 

using the average of the May, June and July 2004 Voucher Management System (VMS) data (for leasing and costs) as reported to, 

verified, and determined to be complete by HUD. Moving To Work 

(MTW) agencies shall be funded based on their agreements and are 

subject to the same adjustments made to all other PHA annual 

budgets based on funding availability. If an agency failed to report 

verifiable data into VMS during the May–July time period, HUD 

shall use the complete three-month submission of VMS data averaged for the period of February, March and April 2004. If an agency has not submitted VMS data for the previously referenced periods, HUD shall use the agency’s year-end financial statement for 

fiscal years ending no later than March 31, 2004. HUD shall then 

adjust the VMS costs for each agency by applying HUD-published 

2005 annual adjustment factors (AAFs) to determine an annual 

funding eligibility for each agency. HUD may make any necessary 

adjustments for the costs associated with the first-time renewals of 

1475 

tenant protection and HOPE VI vouchers in 2005. The Department 

is to obligate the entire amount of funds provided for voucher renewals to the public housing authorities at the time annual budgets of the public housing authorities are established pursuant to 

the formula prescribed herein and in the Act. Finally, HUD will, 

to the extent necessary, pro rate each public housing agency’s 

budget to stay within the amount appropriated. 

The voucher program is strictly a dollar-based, or budget-based 

program in 2005. This new structure is designed to provide flexibility for PHAs to manage their voucher programs, so long as such 

flexibility meets current legal requirements and PHAs manage 

within their annual budgets. This could include lowering eligible 

rents in order to expand utilization to no greater than their authorized levels. PHAs are expected to manage utility costs, decreased 

tenant contributions and protect the most at-risk families within 

these budgets. HUD is not provided a central fund or any other 

funds to address increased leasing or costs in 2005. Furthermore, 

HUD is not provided any funding to replenish program reserves in 

2005, nor can carryover or recaptures be used for this purpose. 

Agencies must manage within their annual budget as determined 

by HUD, pursuant to the formula prescribed herein and in this Act. 

HUD must issue a notice implementing the tenant-based provisions 

of this Act, including details on the eligibility for the $25,000,000 

in administrative fees set aside under this Act, within 30 days of 

enactment of this Act. HUD will also communicate all agencies’ annual budget amounts directly to each agency within 45 days of enactment of this Act. This is intended to provide agencies with as 

much advanced notice as possible in order to manage their budgets 

successfully in 2005. HUD shall also provide agencies with flexibility to adjust payment standards and portability policies as necessary to manage within their 2005 budgets. Agencies shall ensure 

that current elderly and disabled voucher families be protected 

against significant impacts resulting from adjustments made by 

agencies to maintain their voucher programs within their 2005 

budgets. 

The conference agreement does not include language proposed 

by the Senate to allow recaptures to be used to augment funds appropriated for section 8 vouchers. Instead the conference agreement 

includes language elsewhere in this title that prohibits the use of 

recaptures for this purpose, similar to language proposed by the 

House. 

The conference agreement does not include language proposed 

by the Senate to allow funds to be used to amend a public housing 

agency’s voucher renewal amount. The House did not include similar language. 

The conference agreement does not include language proposed 

by the Senate to allow the Secretary to transfer funds among various activities. The House did not include similar language. 

The conference agreement does not include language proposed 

by the Senate to allocate renewal funds based upon information 

submitted to the public housing agency as of October 1, 2004, adjusted by an inflation factor established by the Secretary, and further adjusted based on certain other factors. The House did not include similar language. 

1476 

The conference agreement does not include language proposed 

by the Senate requiring that all units be subject to a rent reasonableness test. The House did not include similar language. The conferees note that public housing agencies are statutorily required to 

determine and ensure rent reasonableness and expect this requirement to be followed. 

The conference agreement does not include $100,000,000 for a 

Central Fund as proposed by the Senate. The House did not include similar language or funding. 

Language is included, as proposed by the House, prohibiting 

funds from being used to fund a public housing agency for vouchers 

in excess of their authorized level. The Senate bill included similar 

language. 

Tenant Protection.—The conference agreement includes $163,000,000 for rental subsidies for tenant protection activities to 

replace project-based section 8 assistance with section 8 vouchers, 

for conversion of section 202 and section 23 projects to section 8 assistance, for the family reunification program and for the witness 

protection program, as proposed by the House and the Senate. 

The conference agreement assumes that new vouchers under 

the Revitalization of Severely Distressed Housing Program (HOPE 

VI) will continue to be provided within that account as proposed by 

the House. The Senate did not address this matter. 

Administrative Fees.—The conference agreement includes $1,210,107,000 for public housing agencies’ administrative costs 

and other expenses, instead of $1,161,938,000 as proposed by the 

House and $1,256,000,000 as proposed by the Senate. 

Modified language is included, similar to language proposed by the House, designating $1,185,107,000 to be allocated to public 

housing agencies for the calendar year 2005 funding cycle on a pro 

rata basis based on the amount the public housing agencies were 

eligible to receive in calendar year 2004. In addition, new language 

is included making up to $25,000,000 available to the Secretary to 

allocate to public housing agencies that need additional funds to 

administer their programs. The conferees direct the Department to 

specify the activities eligible for this funding in the notice to be 

issued within thirty days of enactment of this Act. The Senate did 

not include similar language. 

Language is included as proposed by the Senate to allow section 8 administrative fees to be used for section 8 rental assistance 

activities, including related development activities. The House limited the use to section 8 rental assistance activities. 

Family Self Sufficiency Coordinators.—The conference agreement includes $46,000,000 for public housing agencies family selfsufficiency coordinator staff as proposed by the House instead of 

$48,000,000 as proposed by the Senate. 

Working Capital Fund.—The conference agreement includes 

$2,904,000 for transfer to the Working Capital Fund, instead of no 

less than $2,904,000 as proposed by the House. Modified language 

is included to broaden the uses of these funds to include other departmental information technology needs. 

Language proposed by the Senate is not included to require all 

public housing agencies to submit accounting data for funds provided under this account in this Act or any other Act by source of 

1477 

funds and purpose of such funds. This requirement was made permanent in the fiscal year 2004 Act. The House did not include similar language. 

Language is also included elsewhere in this Act rescinding 

funds provided in previous years under the Housing Certificate 

Fund, including funds previously made available for certain tenantbased rental assistance activities. 

PROJECT-BASED RENTAL ASSISTANCE

(INCLUDING TRANSFER OF FUNDS)

The conference agreement appropriates $5,341,000,000 for 

project-based rental assistance activities instead of $5,340,745,000 

as proposed by the House. The Senate proposed $5,348,785,000 for 

these activities within the Housing Certificate Fund account. 

The conference agreement provides funds as follows: 

Activity Conference agreement 

Project-Based Contract Renewals ......................................................... $4,990,100,000 

Moderate Rehabilitation Renewals and Administrative Costs .......... 227,000,000 

Section 441 Renewals and Administrative Costs ................................ 20,000,000 

Contract Administrators ....................................................................... 101,900,000 

Working Capital Fund ........................................................................... 2,000,000 

Total, Project-Based Rental Assistance ..................................... 5,341,000,000 

Language is included, similar to language proposed by the 

House, designating $5,237,100,000 for renewals and amendment of 

section 8 project-based contracts, section 8 moderate rehabilitation 

contracts (including associated PHA administrative expenses), 

Emergency Low-Income Housing Preservation Reform Act 

(ELIHPRA) and Low-Income Housing Preservation Reform Act 

(LIHPRA) contracts, and section 441 single room occupancy contracts (including associated PHA administrative expenses). The 

Senate included similar language under the Housing Certificate 

Fund. 

Language is included, as proposed by the House, designating 

$101,900,000 for performance-based contract administrators. The 

Senate included a similar provision under the Housing Certificate 

Fund. 

Language is included designating $2,000,000 for transfer to the 

Working Capital Fund. Modified language is included to broaden 

the uses of these funds to include other departmental information 

technology needs. 

The conference agreement assumes that project-based section 8 

contract amendment funding requirements for fiscal year 2005 will 

be met through the use of recaptures available in the Housing Certificate Fund as proposed in the budget request. Language is included elsewhere in this title making funds available for such purpose. 

PUBLIC HOUSING CAPITAL FUND

(INCLUDING TRANSFER OF FUNDS)

Appropriates $2,600,000,000 for the public housing capital 

fund, instead of $2,580,000,000 as proposed by the House and 

$2,700,000,000 as proposed by the Senate. 

1478 

Includes $38,700,000 for technical assistance including up to 

$12,500,000 for remediation services to certain troubled PHAs and 

for rent surveys. The House proposed $37,850,000, including 

$12,440,000 for remediation services and rent surveys and the Senate proposed $50,000,000, including up to $15,000,000 for such activities. The Department is directed to use no less than $4,750,000 

of these funds for activities related to fair market rent surveys as 

proposed by the House. 

Does not include language proposed by the Senate making 

such funds available for lease adjustments to section 23 projects. 

The House did not include a similar provision. 

Includes $10,150,000 for information technology systems needs 

instead of not less than $10,150,000 as proposed by the House and 

$4,500,000 as proposed by the Senate. Modified language is included to broaden the uses of these funds to include other departmental information technology needs. 

Includes up to $30,000,000 for emergency capital needs resulting from unforeseen emergencies or natural disasters in fiscal year 

2005, instead of $38,000,000 as proposed by the House and 

$50,000,000 as proposed by the Senate. Language is included as 

proposed by the House to allow funds to be awarded non-competitively and only for unforeseen activities. The Senate proposed similar language. 

Includes $53,500,000 for the Resident Opportunity Self-Sufficiency (ROSS) program, instead of $52,300,000 as proposed by the 

House and $55,000,000 as proposed by the Senate. 

Includes modified language to allow up to $3,000,000 to support the costs of existing administrative and judicial receiverships 

in effect as of the date of enactment of this Act. The House proposed language allowing such funds to be used for current and future receiverships while the Senate did not include funds for such 

purpose. The Department is directed to submit a proposed spending plan for the use of these funds prior to expenditure. 

Includes modified language designating $15,000,000 for Neighborhood Networks grants similar to language proposed by the Senate. Language is also included allowing up to $1,000,000 to be 

made available for technical assistance and to allow centers established under these grants to serve individuals receiving housing assistance under other programs funded in this Act. Language is included as proposed by the Senate, requiring such funds to be competitively awarded. The conferees remind HUD that these funds, 

and all other funds provided in this Act, are to be awarded on a 

competitive basis in accordance with the requirements set forth in 

section 205 under administrative provisions in this title, except 

where explicitly authorized. The House did not include similar language. 

The conference agreement does not designate $30,000,000 for 

demolition, relocation and site remediation for obsolete and distressed public housing units as proposed by the Senate. The House 

did not address this matter. 

1479 

PUBLIC HOUSING OPERATING FUND

Appropriates $2,458,000,000 for the public housing operating 

fund, instead of $3,425,000,000 as proposed by the House and 

$2,610,000,000 as proposed by the Senate. 

Modified language is included, similar to language proposed by 

the Senate, to synchronize the funding cycles for all public housing 

authorities’ operating subsidy payments to the same calendar year. 

The conferees believe that this conversion will simplify and improve administration and oversight of the program. This change results in a one-time savings to this account. The House did not include similar language. 

Includes modified language designating $8,000,000 for programs to assist in the investigation, prosecution and prevention of 

criminal activities in public housing to be administered through a 

cooperative agreement with the Department of Justice (DOJ) similar to language proposed by the House. The Senate did not propose 

a similar provision. 

Includes language designating $10,000,000 for a program to 

provide bonus funding for PHAs that assist families in moving 

away from dependency on housing assistance programs, instead of 

$15,000,000 as proposed by the Senate. The House did not propose 

a similar provision. The conferees expect the Department to allocate these funds through a Notice of Funding Availability that provides clear eligibility criteria for this program. 

Language proposed by the Senate to designate $30,000,000 for 

transition costs associated with synchronization to a calendar year 

funding basis is not included. The House did not address this matter. 

REVITALIZATION OF SEVERELY DISTRESSED PUBLIC HOUSING (HOPE VI)

Appropriates $144,000,000 for the revitalization of severely distressed public housing program (HOPE VI), instead of 

$150,000,000 as proposed by the Senate and $143,000,000 as proposed by the House. 

Language is included making funds available for obligation 

until September 30, 2006 as proposed by the House, instead of 

making funds available for one year as proposed by the Senate. 

NATIVE AMERICAN HOUSING BLOCK GRANTS

(INCLUDING TRANSFERS OF FUNDS)

Appropriates $627,000,000 instead of $622,000,000 as proposed 

by the House and $650,241,000 as proposed by the Senate. 

Includes $4,500,000 for inspections, training, and technical assistance and $2,200,000 for the National American Indian Housing 

Council for technical assistance and capacity building as proposed 

by the Senate. The House proposed $4,300,000 and $2,100,000 respectively for these activities. 

Includes $2,000,000 for guaranteed loans to subsidize a total 

guaranteed loan principal of up to $17,926,000 as proposed by the 

Senate instead of $1,914,000 to subsidize a total loan volume of up 

to $17,155,000 as proposed by the House. 

1480 

Includes $2,600,000 for information technology systems instead 

of no less than $2,600,000 as proposed by the House and $500,000 

as proposed by the Senate. Modified language is included to broaden the uses of these funds to include other departmental information technology needs. 

The conference agreement also includes language elsewhere in 

this title rescinding $21,000,000 from prior year unobligated balances remaining for title VI loan guarantees. Both the House and 

Senate proposed this rescission. 

INDIAN HOUSING LOAN GUARANTEE FUND PROGRAM ACCOUNT

(INCLUDING TRANSFER OF FUNDS)

Appropriates $5,000,000 to subsidize a total loan principal of 

up to $145,345,000 as proposed by the House instead of $1,000,000 

to subsidize a total loan principal of $29,069,767 as proposed by the 

Senate. 

The conference agreement also includes language elsewhere in 

this title rescinding $33,000,000 from prior year unobligated balances remaining from this program. Both the House and Senate 

proposed this rescission. 

NATIVE HAWAIIAN HOUSING LOAN GUARANTEE FUND PROGRAM

ACCOUNT

(INCLUDING TRANSFER OF FUNDS)

Appropriates $1,000,000 for guaranteed loans for Native Hawaiian housing to subsidize a total guaranteed loan principal of up 

to $37,403,000 as proposed by the House and Senate. 

COMMUNITY PLANNING AND DEVELOPMENT

HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS

Appropriates $284,000,000 for housing opportunities for persons with AIDS (HOPWA) instead of $282,000,000 as proposed by 

the House and $294,800,000 as proposed by the Senate. 

RURAL HOUSING AND ECONOMIC DEVELOPMENT

Appropriates $24,000,000 for rural housing and economic development as proposed by the House instead of $25,000,000 as proposed by the Senate. Language is included requiring funds to be 

awarded competitively by September 1, 2005. The Senate had proposed that funds be awarded by June 1, 2005. 

EMPOWERMENT ZONES/ENTERPRISE COMMUNITIES

Appropriates $10,000,000 for grants to the second round of empowerment zones. The House had proposed $14,250,000 for this account and the Senate did not include funding for this activity. The 

Conferees direct that funding in this account be distributed equally 

among the 15 Enterprise Zones and Enterprise Communities (EZ/ 

ECs) designated in Round II. 

1481 

COMMUNITY DEVELOPMENT FUND

(INCLUDING TRANSFERS OF FUNDS)

Appropriates $4,709,000,000 for various activities funded in 

this account as proposed by the House instead of $4,950,000,000 as 

proposed by the Senate. The conferees agree to the following: 

—$4,150,035,000 for formula grants under the Community Development Block Grant program (CDBG), instead of $4,304,900,000 as proposed by the House and 

$4,547,700,000 as proposed by the Senate. The amount 

provided for CDBG includes grants to Insular areas as proposed by the House. The Senate had proposed funding Insular areas as a Section 107 set-aside; 

—$69,000,000 for grants to Indian tribes, including up 

to $4,000,000 for emergencies as proposed by the House, 

instead of $72,000,000 as proposed by the Senate; 

—$3,300,000 for the Housing Assistance Council as 

proposed by the Senate instead of $3,200,000 as proposed 

by the House; 

—$2,400,000 for the National American Indian Housing Council as proposed by the House instead of 

$2,500,000 as proposed by the Senate; 

—$43,700,000 for section 107 grants, instead of 

$36,700,000 as proposed by the House and $51,000,000 as 

proposed by the Senate. Within the amount provided for 

section 107 grants, the conference agreement provides the 

following: 

$10,000,000 for historically black colleges and universities, 

of which up to $2,000,000 may be used for technical assistance; 

$2,900,000 for community development work study; 

$6,700,000 for Hispanic Serving Institutions; 

$6,700,000 for the Community Outreach Partnerships program; 

$3,000,000 for tribal colleges and universities; 

$4,000,000 for Alaska Native-Serving Institutions and Native Hawaiian-Serving Institutions; 

$9,000,000 for assistance under the Hawaiian Homelands 

Homeownership Act of 2000; and 

$1,400,000 for technical assistance. 

Does not provide $7,000,000 for insular areas within section 107 activities. Instead, insular areas are funded within 

Community Development Block Grants. 

—$4,800,000 for the National Housing Development 

Corporation for continuation of its program of acquisition, 

rehabilitation, and preservation of at-risk affordable housing, including $2,000,000 for operating expenses as proposed by the House. The Senate did not propose funding 

for this program; 

—$4,800,000 for the National Council of La Raza 

HOPE Fund, of which $500,000 is for technical assistance 

and fund management and $4,300,000 is for investments 

and financing as proposed by the House. The Senate did 

not propose funding for this program; 

1482 

—$25,000,000 for grants to eligible grantees under 

section 11 of the Self-Help Housing Opportunity Program 

(SHOP) as proposed by the Senate instead of $26,000,000 

as proposed by the House; 

—$34,500,000 for capacity building, of which 

$30,000,000 is for the Community Development and Affordable Housing program for LISC and the Enterprise 

Foundation for activities as authorized by section 4 of the 

Department of Housing and Urban Development Demonstration Act, as in effect before June 12, 1997, including 

$5,000,000 for rural areas; and of which $4,500,000 is for 

Habitat for Humanity International. The House proposed 

$33,500,000 for capacity building including $28,800,000 for 

LISC and the Enterprise Foundation and $4,700,000 for 

Habitat for Humanity; and the Senate proposed 

$33,500,000 for such activities including $30,000,000 for 

LISC and the Enterprise Foundation and $3,500,000 for 

Habitat for Humanity; 

—$62,000,000 for Youthbuild as proposed by the 

House instead of $65,000,000 as proposed by the Senate. 

Within amounts available for Youthbuild, the agreement 

provides $9,000,000 for underserved and rural areas; 

—$262,000,000 for economic development initiatives 

instead of $136,500,000 as proposed by the House and 

$126,000,000 as proposed by the Senate. This amount is 

5% below the amounts appropriated for EDI grants in fiscal year 2004. Language is included prohibiting funds from 

being used for program operations as proposed by both the 

House and the Senate. The conferees note that projects receiving funds must comply with the environmental review 

requirements set forth in section 305(c) of the Multifamily 

Housing Property Disposition Act of 1994 (42 U.S.C. 3547). 

The conferees will not entertain waivers of such requirements. In addition, funds provided for projects shall not be 

used for reimbursement of expenses incurred prior to the 

receipt of economic development initiative funding. Modified language is included, similar to language proposed by 

the House and Senate, to target funds made available 

under this program. Targeted grants shall be made as follows: 

1. $1,900,000 for the City of Tuscaloosa, Alabama for the 

Urban Renewal Project in Tuscaloosa, Alabama; 

2. $300,000 for the City of Livingston, Alabama for downtown revitalization in Livingston, Alabama; 

3. $500,000 to the Crenshaw County Economic/Industrial 

Development Authority for industrial site preparation in 

Crenshaw County, Alabama; 

4. $250,000 to the City of Fairhope, Alabama for development of the Fairhope Library; 

5. $400,000 to the University of South Alabama for the 

Mitchell College of Business Library in Mobile, Alabama; 

6. $500,000 for the Selma YMCA for facilities improvements in Selma, Alabama; 

1483 

7. $450,000 for the Town of Double Springs, Alabama for 

community development; 8. $150,000 for Alaska Botanical Garden in Anchorage for 

expansions and renovations; 9. $150,000 for Friends of Eagle River Nature Center, Inc. 

in Eagle River, Alaska for costs associated with the construction of a community/visitor center; 10. $500,000 for the Kincaid Park for Training Center, Anchorage, Alaska for costs associated with construction; 11. $950,000 for the Municipality of Anchorage, Alaska for 

costs associated with the construction of a recreational facility; 12. $300,000 for the North Star Council on Aging in Fairbanks, Alaska for costs associated with the construction of the 

Fairbanks Senior Center; 

13. $175,000 for Love Social Services in Fairbanks, Alaska 

for expansion; 14. $1,000,000 for the Kenai Peninsula Borough, Alaska 

for housing upgrades; 15. $900,000 for the City of Ketchikan, Alaska for costs associated with the construction of the Tongass Coast Aquarium; 16. $350,000 for Community Association of Hyder, Alaska 

for costs associated with the construction of a high speed water 

plant; 17. $300,000 for the Juneau Family Birth Center, Alaska 

for the construction of a one-stop family resources center; 18. $200,000 for Alzheimer Disease Resource Agency of 

Alaska in Anchorage, Alaska for capital improvements to its 

facility to provide in home care services, respite care, and 

training of personal care attendants; 19. $525,000 for the Bering Straits Native Corporation in 

Nome, Alaska for Cape Nome Quarry Upgrade; 20. $500,000 for Shishmaref, Alaska for the construction of 

barriers; 

21. $500,000 for the Special Olympics, Anchorage, Alaska 

for costs associated with the construction of a training center 

for disabled children; 

22. $275,000 for the National History Museum of the Adirondacks in Tupper Lake, New York for the design and construction of museum; 

23. $500,000 for the City of Conway, Arkansas for downtown revitalization; 

24. $250,000 for the Old Independence Regional Museum 

in Batesville, Arkansas for costs associated with expansion; 

25. $250,000 for Mountain Home, Arkansas for the construction of the Vada Sheid Community Development Center; 

26. $250,000 for the City of Malvern, Arkansas for the 

completion of the Ouachita River Millennium Park Pavilion; 

27. $500,000 for the Sacramento Housing and Development Agency, California for the construction of new low income 

housing; 

28. $750,000 for the City of Inglewood, California for the 

construction of a senior center; 

29. $250,000 for the City of Stockton, California for costs 

associated with construction of the Eldorado Teen Center; 

1484 

30. $250,000 for the City of San Francisco, California for 

the Old Mint Redevelopment Project; 

31. $350,000 for the City of Davis, California for the construction of a senior center; 

32. $300,000 for the Los Angeles Harbor/Watts Economic 

Development Corporation, California for the development of a 

park and recreation site; 

33. $200,000 for the City of Riverside, CA for costs associated with the completion of the Arlanza Neighborhood Center; 

34. $200,000 to California State University at Fresno for 

costs associated with the Fresno Regional Jobs Initiative; 

35. $250,000 for the Denver Art Museum, Center for 

American Indian Art, Denver, Colorado for expansion; 

36. $250,000 for the Weld Food Bank in Greeley, Colorado 

for expansion and renovation; 

37. $250,000 for the La Gente Youth Sports Recreation 

Center in Pueblo, Colorado for the expansion of facilities; 

38. $250,000 for the Town of Mountain Village, Colorado 

for construction of the Affordable Housing Initiative; 

39. $250,000 for the Town of Montrose, Colorado for the 

Montrose Pavilion/Senior Center renovation; 

40. $215,000 for the Town of Ignacio, Colorado for affordable housing development; 

41. $250,000 for Foodshare, Inc., in Hartford County, Connecticut for the construction of a new distribution center; 

42. $250,000 for the Main Street Development Corporation 

in Ansonia, Connecticut for the Lower Naugatuck Valley Economic Development Initiative; 

43. $500,000 for the Mark Twain House and Museum in 

Hartford, Connecticut for costs associated with restoration and 

development; 

44. $250,000 for the Town of Plainfield, Connecticut for the 

InterRoyal Facility Remediation Initiative; 

45. $250,000 for the Riverfront Development Corporation 

in Wilmington, Delaware for construction of a pedestrian 

bridge as part of the efforts to redevelop the Christina riverfront; 

46. $250,000 for Sacred Heart Village, Inc. in Wilmington, 

Delaware for costs associated with renovations; 

47. $250,000 for City of Ocilla, Georgia, for the renovations 

of the Old Ocilla School; 

48. $250,000 for Tubman African American Museum, 

Macon, Georgia for costs associated with renovations; 

49. $500,000 for the City of Coral Gables, Florida for the 

Biltmore Complex Restoration Project; 

50. $250,000 for the Washington County, Florida Chamber 

of Commerce Economic Development Council for outreach and 

technical assistance; 

51. $250,000 for the Boys and Girls Club of Hawaii in 

Honolulu for costs associated with construction of the Nanakuli 

site on Hawaiian Homelands; 

52. $250,000 for Poamoho Camp Community Association in 

Wahiawa, Hawaii for infrastructure improvements; 

1485 

53. $350,000 for Binhi At Ani in Wailuku, Hawaii for the 

construction of the Maui Filipino Community Center; 54. $400,000 for Friends of Drug Court in Honolulu, Hawaii for the acquisition of a building; 55. $250,000 for Kauai Economic Opportunity, Inc., in 

Kauai, Hawaii for improvements and renovations to a homeless shelter; 

56. $250,000 for the Hawaii Island Community Development Corporation in Hilo for the construction of low-income elderly housing; 57. $1,000,000 for the Clearwater Economic Development 

Association, Idaho, for implementation of the Lewis and Clark 

Bicentennial plan; 58. $900,000 for Boise State University in Idaho, for planning, design, and construction for the Center for Environmental Science and Economic Development; 59. $900,000 for the University of Idaho, at Moscow, Idaho, 

for planning and design for a science and new technologies laboratory; 60. $350,000 for the Field Museum, Chicago, Illinois for 

improvements; 61. $150,000 for the Chicago Botanic Garden, Glencoe, Illinois for the expansion of the School of the Botanic Garden; 62. $750,000 for the City of Springfield, Illinois for the design and construction of a community center on the city’s east 

side; 

63. $250,000 for the Campbell Center for Historic Preservation in Mount Carroll, Illinois to complete the planning, feasibility, and design phase of its program expansion and rehabilitation project; 64. $200,000 for the Northwest Illinois Chapter of the 

American Red Cross in Freeport, Illinois for the acquisition of 

property and construction of a new chapter office; 65. $200,000 for the Chicago Food Depository, Illinois for 

capacity expansion and related programs; 

66. $200,000 for the Chicago House and Social Service 

Agency in Illinois to develop and construct a social services 

community center and programs on the West Side of Chicago, 

in partnership with Vital Bridges/Open Hand; 

67. $250,000 for The Community Foundation of Muncie 

and Delaware County, Inc., Anderson, Indiana for expansion of 

its food bank facilities; 

68. $250,000 for the City of Anderson, Indiana for the completion of the Anderson Fiber Network; 

69. $250,000 for the City of Indianapolis, Indiana for the 

construction of the Holmes Court Housing Development; 

70. $250,000 for the City of Jefferson, Indiana for costs associated with the redevelopment of Spring Street; 

71. $250,000 for the City of Waterloo, Iowa for the acquisition of the Cedar Valley TechWorks Facility; 

72. $200,000 for the City of Fort Dodge, Iowa for the Lincoln Neighborhood Initiative; 

73. $250,000 for the City of Fort Dodge, Iowa for the Lincoln Neighborhood Redevelopment Project; 

1486 

74. $250,000 for the City of Storm Lake, Iowa for costs associated with the construction of the Destination Park Interpretative Center; 

75. $250,000 for the City of Bettendorf, Iowa for the River’s Edge Redevelopment Project; 

76. $200,000 for the Mid America Housing Partnership in 

Cedar Rapids, Iowa for the housing trust fund; 

77. $200,000 for the Scott County Housing Council, Davenport, Iowa for the construction and rehabilitation of housing; 

78. $200,000 for the City of Waterloo, Iowa for the Rath 

Housing Initiative; 

79. $200,000 for Homeward Inc., in Iowa for construction 

of low income housing; 

80. $250,000 for the Kansas Chapter of National Korean 

War Veterans Association, Overland Park, Kansas for the construction of a Korean War Memorial; 

81. $500,000 for the City Vision Ministry, Kansas City, 

Kansas for Rosedale neighborhood affordable housing; 

82. $650,000 for the City of Great Bend, Kansas for construction of an environmental education center; 

83. $1,225,000 for Haskell Indian Nations University in 

Kansas for the construction of a science center; 

84. $500,000 for the City of Topeka, Kansas for infrastructure construction at the Center Point Commerce Park; 

85. $300,000 for the Veterans Memorial Park of Wichita, 

Kansas for renovation project; 

86. $200,000 for TLC for Children and Families, Inc. in 

Olathe, Kansas for the construction of residential, educational, 

and therapy facilities for homeless teens, foster care youth and 

parents, and teens in the Juvenile Justice System; 

87. $275,000 for Sedgwick County, Kansas for the construction of the Oaklawn Community Center; 

88. $1,500,000 for the City of Bowling Green, Kentucky, 

for purchasing equipment for the South Central Kentucky 

Training and Development Project; 

89. $800,000 for the City of Bowling Green, Kentucky for 

costs associated with the development of the Lost River Cave 

Improvement Project; 

90. $250,000 for Paducah Area Community Reuse Organization in Graves County, Kentucky for costs associated with 

the construction of the PACRO Industrial Park; 

91. $300,000 for the Owen County Industrial Authority, 

Kentucky for the Owen County Gas Line; 

92. $250,000 for the Edmonson County, Kentucky for costs 

associated with the construction of the Edmonson Technology 

and Economic Development Center; 

93. $500,000 for Catholic Charities, Archdiocese of New 

Orleans, Louisiana for costs associated with construction for 

the West Bank Senior Services Continuum; 

94. $250,000 for the City of Grand Isle, Louisiana for the 

construction of a community center; 

95. $250,000 for the City of Jean Lafitte, Louisiana for the 

construction of a community center and emergency shelter; 

1487 

96. $250,000 for Lafourche Parish, Louisiana for the construction of a Seniors Center and recreation development; 97. $250,000 for the Audubon Nature Institute in New Orleans, Louisiana for facility improvements; 98. $300,000 for the City of Baton Rouge, Louisiana Recreation Commission for downtown recreation development; 99. $250,000 for the City of Dequincy, Louisiana for downtown revitalization; 

100. $250,000 for St. Tammany Parish, Louisiana for the 

construction of a maritime training center; 101. $300,000 for the City of Baltimore, Maryland, for 

costs associated with the relocation of the Central Garage; 102. $250,000 for Associated Catholic Charities, Inc., in 

Baltimore, Maryland to build a new facility and renovate an 

existing facility for Our Daily Bread Employment Center and 

My Sister’s Place Women’s Center; 103. $300,000 for St. Ambrose Housing, for purchase and 

rehabilitation of houses in northeast Baltimore, Maryland; 104. $400,000 for Baltimore County, Maryland, for the rehabilitation of the Dundalk Community Center; 105. $400,000 for Baltimore County, Maryland, for the 

Randallstown Community Center; 106. $250,000 for the Charles County Economic Development Commission in Maryland for the design of the Energetics 

Technology Center; 107. $200,000 for Montgomery County, Maryland for pedestrian enhancements and safety improvements in Long 

Branch; 

108. $200,000 for Montgomery County, Maryland for Fenton Street Village pedestrian linkages; 109. $200,000 for Easter Seals, in Silver Spring, Maryland 

for the construction of the Easter Seal Inter-Generational Center; 

110. $500,000 for Prince Georges’ County, Maryland, for 

the renovation of the Employment and Training Center and 

the Multicultural Academy; 

111. $500,000 for St. Mary’s County, Maryland, for the acquisition and redevelopment of Lexington Manor; 

112. $1,000,000 for the Mandel Center for Nonprofit Organizations in Cleveland, Ohio, to capitalize a scholarship endowment established in memory of Art Naparstek; 

113. $500,000 for the National Council of Negro Women, 

in Washington, DC, for the construction and renovation of 633 

Pennsylvania Avenue, in Northwest, Washington, DC; 

114. $250,000 for the City of Brewer, Maine to acquire and 

redevelop eight parcels of land on the Penobscot River; 

115. $250,000 for the City of Caribou, Maine to improve 

and repair a gymnasium and related facilities in the Armory 

building; 

116. $250,000 for the City of Auburn, Maine to construct 

the Great Falls Parking Garage; 

117. $250,000 for the People’s Regional Opportunity Program [PROP] for the construction of affordable housing units 

and a neighborhood center in Portland, Maine; 

1488 

118. $270,000 for the Attleboro Redevelopment Authority, 

Massachusetts for the Attleboro Redevelopment Authority 

Manufacturing Site Remediation and Redevelopment; 

119. $310,000 for the Greater Boston Food Bank, Massachusetts for expansion of its distribution center; 

120. $270,000 for the City of Lawrence, Massachusetts for 

the demolition and remediation of the Lawrence In-Town Mall 

building; 

121. $200,000 for the City of Northampton, Massachusetts 

for the redevelopment of blighted land; 

122. $200,000 for the City of North Adams, Massachusetts 

for the redevelopment and renovation of the Mohawk Theater; 

123. $300,000 for the A.E. Seaman Mineral Museum in 

Houghton, Michigan for costs associated with the relocation of 

the Museum; 

124. $300,000 for the Motown Center in Detroit, Michigan 

for costs associated with the relocation of the center; 

125. $300,000 for the City of Detroit, Michigan for costs associated with the restoration of the riverfront; 

126. $350,000 for the State Theatre of Bay City/Bay County, Michigan for the restoration of the State Theatre; 

127. $350,000 for the City of Port Huron, Michigan for revitalization; 

128. $250,000 to the Minnesota Housing Finance Agency 

for supportive housing for homelessness in St. Paul, Minnesota; 

129. $250,000 to the City of St. Paul, Minnesota for rehabilitation needs at the Ames Lake Neighborhood/Phalen Place 

Apartments; 

130. $700,000 for Neighborhood House in St. Paul, Minnesota for construction of the Paul and Sheila Wellstone Center for Community Building; 

131. $250,000 for the Organization of Liberians in Minnesota in Brooklyn Park for costs associated with the construction of The Liberian Cultural and Community Center; 

132. $1,000,000 for the Area Development Partnership in 

Hattiesburg, Mississippi for costs associated with the construction of the Hattiesburg Innovation Commercialization Center; 

133. $1,850,000 to Mississippi State University for renovation of the Lloyd-Ricks building in Starkville, Mississippi; 

134. $750,000 to Lafayette County for restoration of the 

Lafayette County Courthouse in Oxford, Mississippi; 

135. $300,000 to the City of Waynesboro for relocation of 

the Police Department in Waynesboro, Mississippi; 

136. $300,000 to the City of Brookhaven for renovation of 

the Fire House in Brookhaven, Mississippi; 

137. $300,000 to the City of Holly Springs for the North 

Memphis Street Redevelopment project in Holly Springs, Mississippi; 

138. $250,000 to Kemper County for infrastructure improvements in Kemper County, Mississippi; 

139. $200,000 for the City of Booneville, Mississippi for 

community development; 

1489 

140. $250,000 to the Martin Luther King Foundation for 

the rehabilitation of the community center in Pickens, Mississippi; 141. $800,000 to the City of Jackson for the remediation 

and renovation of historic King Edward Hotel in Jackson, Mississippi; 142. $250,000 to the City of Pascagoula for public library 

repairs in Pascagoula, Mississippi; 143. $250,000 to the City of Ellisville for the renovation 

and construction of the public library in Ellisville, Mississippi; 144. $250,000 for St. Patrick Center for the Homeless 

Partnership Center in St. Louis, Missouri for construction; 145. $250,000 for the Green Hills Regional Planning Commission for construction of renewable energy and rural economic development projects in Putnam County, Missouri; 146. $250,000 for Joplin Area Chamber of Commerce 

Foundation in Missouri for the Joseph Newman Business and 

Technology Innovation Center; 147. $250,000 for Greene County, Missouri for developing 

a natural history museum in Springfield, Missouri; 148. $1,000,000 to St. Charles County Association for Retarded Citizens for Family Support Center construction in St. 

Charles County, Missouri; 149. $1,000,000 to the City of St. Joseph, Missouri for construction associated with the St. Joseph Community Riverfront 

Redevelopment Project; 150. $1,000,000 to the St. Louis Science Center for visitor 

center construction in St. Louis, Missouri; 

151. $1,000,000 to the Ozarks Development Corporation to 

provide infrastructure improvements to a development park in 

West Plains/Pamona, Missouri; 

152. $1,000,000 to the City of St. Joseph, Missouri for 

demolition of the Heartland Regional Medical Center; 153. $1,000,000 to the City of St. Louis, Missouri for construction of a truck entrance at Broadway and St. Louis Avenue, utility relocation, rail track relocation and perimeter fencing; 

154. $500,000 to the Bartley-Decatur Neighborhood Center, Inc. to restore/re-construct home for use as revitalized 

neighborhood center in Springfield, Missouri; 

155. $500,000 for the Northern Rockies Center for Senior 

Health, Billings, Montana, for construction of a senior citizens 

facility; 

156. $700,000 for the Big Sky Economic Development Authority, Billings, Montana, for economic development outreach; 

157. $300,000 for the Great Falls Development Authority, 

Great Falls, Montana, for economic development outreach; 

158. $350,000 for the Chippewa Cree Tribe, Box Elder, 

Montana, for a housing construction project; 

159. $300,000 for the Story Mansion, Bozeman, Montana 

for historical renovations and improvements; 

160. $300,000 for the Rocky Mountain Development Council/PenKay Eagle Manor Renovation, Helena, Montana, for renovations and improvements; 

1490 

161. $300,000 for the Rocky Mountain Elk Foundation, 

Missoula, Montana for construction projects; 162. $300,000 for the City of Billings, Montana West Side 

planning and development project; 163. $250,000 for the Billings Child and Family Intervention Center, Billings, Montana for construction projects; 164. $250,000 for the Montana Technology Enterprise Center in Missoula, Montana for a revolving loan fund; 165. $250,000 for the Family Service, Inc. of Omaha, Nebraska, for construction of the Sarpy County Family Service 

Center; 

166. $250,000 for Metropolitan Community College of 

Omaha, Nebraska, for construction of a Health Careers Center; 

167. $250,000 for the Davey Area Community Center in 

Davey, Nebraska for costs associated with construction; 168. $500,000 for the Penacook Tannery in Concord, New 

Hampshire for restoration; 169. $500,000 for the Claremont Mill in Claremont, New 

Hampshire for redevelopment; 170. $400,000 for the Tilton Riverfront Park in Tilton, 

New Hampshire for development; 171. $250,000 for the Old New Hampshire State House 

Planning Project in Concord, New Hampshire for planning of 

reconstruction of the first New Hampshire State House; 172. $450,000 for the New Hampshire Main Street Center 

in Concord, New Hampshire for the development of downtown 

areas; 

173. $350,000 for the Souhegan Boys and Girls Club in 

Milford, New Hampshire for the construction of a new center; 174. $350,000 for the Manchester Historical Association in 

Manchester, New Hampshire for the renovation of the Center 

for Preserving Manchester’s History; 175. $250,000 for the Northern Community Investment 

Corporation, Colebrook, New Hampshire for rural broadband 

telecommunications project; 

176. $250,000 for the Tri-County Community Action Program/City of Berlin, New Hampshire, for elimination of blighted and unsafe buildings; 

177. $250,000 for the City of East Orange, New Jersey for 

construction of a senior center; 

178. $250,000 for the Town of Hammonton, New Jersey for 

the construction of a community center complex; 

179. $250,000 for La Casa de Don Pedro in Newark, New 

Jersey for renovations in relation to the Lower Broadway Improvement Zone project; 

180. $250,000 for the City of Woodbine, New Jersey for 

renovations in relation to the Woodbine Community Center 

Complex project; 

181. $250,000 for the Borough of Carteret, New Jersey for 

the construction of an International Trade and Logistics Center; 

182. $250,000 for the South Jersey Economic Development 

District for economic revitalization in Atlantic, Cape May, 

Cumberland, and Salem counties; 

1491 

183. $400,000 for the Office of the New Mexico State Fire 

Marshal, Santa Fe, New Mexico, to support improved fire service, training services, infrastructure, and/or information systems in the State of New Mexico and at the New Mexico State 

Fire Academy in Socorro, New Mexico; 184. $500,000 for Goodwill Industries of New Mexico, Albuquerque, New Mexico, for renovation of its headquarters and 

client training center; 185. $275,000 for the Village of Tijeras, New Mexico, for 

purchase of a fire pumper truck to serve the community and 

Federal installations in the area; 

186. $1,175,000 for Presbyterian Medical Services, Santa 

Fe, New Mexico, for the construction of Santa Fe County Head 

Start and Early Head Start facilities; 187. $400,000 for the City of Clovis Fire Department, New 

Mexico, for purchase of emergency medical vehicles to serve 

the community and Federal installations in the area; 188. $750,000 for the City of Hobbs, New Mexico, for infrastructure associated with the development of the Hobbs Industrial Air Park; 

189. $500,000 for Eastern New Mexico University, 

Portales, New Mexico, for purchase of telecommunications 

equipment for its communications program and public radio 

station KENW; 

190. $250,000 for the Albuquerque Hispano Chamber of 

Commerce, New Mexico for the expansion of the Barelas Job 

Opportunity Center; 191. $250,000 for the Town of North Hempstead, New 

York for the New Cassel Revitalization and Redevelopment 

Project; 192. $250,000 for the City of Buffalo, New York for the 

renovation of a building to create housing for the Buffalo Arts 

Homesteading Program; 193. $250,000 for The Olana Partnership in Hudson, New 

York for costs associated with construction; 

194. $250,000 for the City of Poughkeepsie, New York for 

costs associated with replacing the roof on the Historic Luckey, 

Platt Building; 

195. $350,000 for Pucho’s, Inc., in Buffalo, New York for 

the construction of a new recreational and educational resource 

room; 

196. $350,000 for the United Jewish Organizations of Williamsburg, Inc. in Brooklyn, New York for the construction of 

a new community services building; 

197. $300,000 for the Burchfield Penney Art Center in Buffalo, New York for construction of a new museum; 

198. $800,000 for the City of Las Vegas, Nevada for improvements to a historic building; 

199. $250,000 for the City of Reno, Nevada for the Reno 

Fourth Street Corridor Enhancements which include but are 

not limited to streetscape improvements, safety upgrades, and 

the installation of lighting; 

200. $250,000 for Nevada Partners, Home of the Culinary 

Training Institute in North Las Vegas, Nevada for the expanVerDate Aug 04 2004 07:33 Dec 01, 2004 Jkt 096906 PO 00000 Frm 01495 Fmt 6601 Sfmt 6601 E:\HR\OC\HR792.XXX HR792
1492 

sion of the Southern Nevada Strategic Vocational Training 

Center; 

201. $250,000 for the Urban Chamber of Commerce in Las 

Vegas, Nevada for costs associated with the construction of a 

multi-use and instructional center; 

202. $250,000 for the North Las Vegas Library District, 

Nevada for costs associated with the construction of a full service library; 

203. $250,000 for East Las Vegas Community Development Corporation, Nevada for equipment; 

204. $200,000 for Ethel-Willia, Incorporated in Nevada for 

the Smart Start Child Care Center; 

205. $200,000 for the Town of Pahrump, Nevada for costs 

associated with the construction of the Pahrump/Nye County 

Fairground; 

206. $500,000 for the City of Reno/Good Shepherd Clothes 

Closet Project, Reno, Nevada; 

207. $200,000 for the National Whitewater Center in 

Charlotte, North Carolina for costs associated with construction; 

208. $200,000 for the Wake County Library Foundation in 

Raleigh, North Carolina for costs associated with construction; 

209. $200,000 for the Blowing Rock Performing Arts in 

Blowing Rock, North Carolina for construction; 

210. $250,000 for Ashe County, North Carolina to develop 

a Business Incubator in the Family Central Complex; 

211. $250,000 for Our Children’s Place in Granville County, North Carolina to construct a facility; 

212. $350,000 for the Northwest Ventures Communities 

Inc., Minot, North Dakota for the construction of the Northwest Career and Technology Center; 

213. $350,000 for the Three Affiliated Tribes Tourism Department, New Town, North Dakota for a cultural interpretive 

center; 

214. $300,000 for the United Tribes Technical College in 

Bismarck, North Dakota for the construction of family housing; 

215. $300,000 for the NDSU Research and Technology 

Park Inc., in Fargo, North Dakota for the Advanced Technology Career Center; 

216. $250,000 for the Minot Area Community Foundation, 

North Dakota for the Prairie Community Development Center; 

217. $250,000 for the Franklin County Metro Parks, 

Franklin County, Ohio for the purchase of land in the Darby 

Creek Watershed; 

218. $250,000 for the Springfield Center City Association, 

Springfield, Ohio for the construction of a business incubator; 

219. $250,000 for Improved Solutions for Urban Systems, 

Inc., Dayton, Ohio to create a new model for economic, community and workforce development; 

220. $250,000 for the Toledo-Lucas County Port Authority 

for the Northwest Ohio Brownfield Restoration Initiative; 

221. $250,000 for the Youngstown Central Area Community Improvement Corporation, Youngstown, Ohio for construcVerDate Aug 04 2004 07:33 Dec 01, 2004 Jkt 096906 PO 00000 Frm 01496 Fmt 6601 Sfmt 6601 E:\HR\OC\HR792.XXX HR792
1493 

tion of the Advanced Technology Incubator for Market Ready 

Applications; 222. $250,000 for First Frontier, Inc., Xenia, Ohio for revitalization of the amphitheatre; 223. $550,000 for Cleveland Playhouse Square, Cleveland, 

Ohio for IDEA Center; 

224. $450,000 for Development Projects, Inc., Dayton, Ohio 

for Downtown Dayton Northeast Quadrant; 225. $300,000 for CAMP, Cleveland, Ohio for Cleveland 

Manufacturing Technology Complex; 226. $500,000 for the Standing Bear Native American 

Foundation, Ponca City, Oklahoma for creation of the Standing 

Bear Museum and Education Center; 

227. $250,000 to Washington County, Oregon for costs associated with the construction of a homeless shelter; 

228. $450,000 to the Portland Development Commission, 

Oregon, for the North Macadam affordable housing project; 229. $250,000 to the City of Gresham, Oregon for costs associated with the construction of a cultural arts center; 

230. $250,000 to the City of Brookings Harbor, Oregon for 

the redevelopment of the boardwalk; 231. $500,000 for the City of Portland, Oregon for development of the Portland Streetcar; 

232. $200,000 for the Bean Foundation, Inc. in Bend, Oregon for costs associated with the construction of the Madras 

Center for Education and Workforce Training; 233. $200,000 for Brookings Harbor, Oregon for costs associated with the construction of the Brookings Harbor Seafood 

Processing Plant; 234. $300,000 for the Urban Redevelopment Authority of 

Pittsburgh, Pennsylvania, for the redevelopment of South Side 

Works; 

235. $300,000 for the City of Scranton, Pennsylvania, for 

the Cedar Avenue Revitalization; 

236. $300,000 for Bucknell University, Lewisburg, Pennsylvania for the Lewisburg Downtown Theater rehabilitation; 

237. $250,000 for the Allegheny West Foundation, Philadelphia, Pennsylvania, for the Budd Plant rehabilitation 

project; 

238. $250,000 for the Indiana County Development Corporation, Indiana, Pennsylvania, for the Indiana Springs development project; 

239. $250,000 for the City of Erie, Pennsylvania, for site 

preparation and redevelopment of the vacant and blighted 

Koehler Brewery Building; 

240. $250,000 for the City of Greensburg, Pennsylvania, 

for construction of a Center for the Arts; 

241. $250,000 for Our City Reading, in Reading, Pennsylvania, for the rehabilitation of abandoned houses and parks to 

provide quality home ownership opportunities to low-income 

families; 

242. $250,000 for the Greater Wilkes-Barre Chamber of 

Business and Industry, in Wilkes-Barre, Pennsylvania, for the 

acquisition and redevelopment of the historic Irem Temple; 

1494 

243. $250,000 for the City of Lancaster, Pennsylvania, for 

the rehabilitation and renovation of the Lancaster Central 

Market; 

244. $250,000 for Eagles Mere Village, Inc., in Eagles 

Mere, Pennsylvania, for the acquisition and rehabilitation of 

downtown buildings; 245. $250,000 for the Allegheny County Department of 

Community and Economic Development, in Pittsburgh, Pennsylvania, for the planning, design, and construction of Schenley 

Plaza; 

246. $250,000 for the Greene County Department of Planning and Development, in Franklin Township, Pennsylvania, 

for construction of a multi-tenant facility at EverGreene Technology Park; 247. $200,000 for Universal Community Homes in Philadelphia, Pennsylvania, for the conversion of land into for-sale 

units to low- and moderate-income families; 

248. $200,000 for the Borough of Lewistown, Pennsylvania, 

for the rehabilitation and renovation of the Lewistown Municipal Building; 249. $200,000 for the Darby Borough Community Development Corporation, in Darby, Pennsylvania, for a Main Street 

revitalization initiative including acquisition, renovation, and 

demolition of downtown buildings; 250. $200,000 for the Chester County Industrial Development Authority, in East Whiteland and Tredyffrin Townships, 

Pennsylvania, for the redevelopment of the Atwater 

Brownfields site; 

251. $200,000 for the Inglis Foundation, in Philadelphia, 

Pennsylvania, for the planning, design, and construction of 

housing for individuals with disabilities; 252. $250,000 to the Pawtucket Armory Association in 

Pawtucket, Rhode Island for renovation of the armory into a 

performing arts and arts education center; 

253. $250,000 to Westbay Community Action in Warwick, 

Rhode Island for the purchase and renovation of a building for 

use as a child care center; 

254. $250,000 to the Providence Neighborhood Investment 

Program in Providence, Rhode Island for economic revitalization projects in distressed communities; 

255. $250,000 for the Meeting Street National Center of 

Excellence in Providence, Rhode Island for the construction of 

a new facility and recreation space; 

256. $250,000 for Rhode Island College in Providence, 

Rhode Island for the renovation of the former State Home and 

School; 

257. $250,000 to the Old Slater Mill Association in Pawtucket, Rhode Island for improvements to the exhibitry and the 

building; 

258. $400,000 for Meeting Street in Providence, Rhode Island for a recreational facility; 

259. $200,000 for the West Warwick Senior Center, Inc. in 

Rhode Island for the costs associated with construction of affordable housing and community center; 

1495 

260. $200,000 for Crossroads Rhode Island in Providence, 

Rhode Island for building renovations; 

261. $200,000 for the United Methodist Elder Care in East 

Providence, Rhode Island for fire, life safety, security and communications systems; 

262. $250,000 for City of Anderson, South Carolina for 

costs associated with the construction of the Murray/Franklin 

Street Project; 

263. $250,000 for American College of the Building Arts, 

Charleston, South Carolina for training and skills; 

264. $400,000 for EngenuitySC in Columbia, South Carolina for building renovations and purchasing of technology 

equipment; 

265. $1,400,000 for the Wakpa Sica Historical Society in 

Fort Pierre, South Dakota for the Wakpa Sica Reconciliation 

Center; 

266. $400,000 for the City of Mobridge, South Dakota for 

the Missouri River riverfront economic development project; 

267. $250,000 for the Sioux Empire Housing Partnership 

in Sioux Falls, South Dakota for development of low income 

housing; 

268. $250,000 for City of Sioux Falls, South Dakota for a 

day care center; 

269. $400,000 for the Sioux Falls Family YMCA, South 

Dakota for construction of a facility; 

270. $250,000 for Tea, South Dakota for costs associated 

with construction of a city hall; 

271. $250,000 for the Cheyenne River Youth Project, Eagle 

Butte, South Dakota for the construction of a teen center; 

272. $400,000 for the Oglala Sioux Tribe in Pine Ridge, 

South Dakota for the construction of a veterans center; 

273. $400,000 for the Cheyenne River Sioux Tribe in Eagle 

Butte, South Dakota for the construction of a veterans center; 

274. $250,000 for the Central States Fair Inc., in Rapid 

City, South Dakota for infrastructure improvements; 

275. $200,000 for the Cobscook Bay Resource Center in 

Eastport, Maine to develop a marketing co-operative; 

276. $500,000 for City of Brookings, South Dakota for 

Growth Partnership Research Park; 

277. $250,000 for Rapid City YMCA, South Dakota for the 

construction of a teen wellness center; 

278. $500,000 for the City of Sturgis, South Dakota, for 

the Sturgis Industrial Park; 

279. $250,000 for the Rapid City Arts Council, Rapid City, 

South Dakota, for the Dahl Arts Center; 

280. $1,600,000 for the Memphis Biotech Foundation in 

Memphis, Tennessee for planning, design, construction, and 

equipment associated with the Memphis Biotech Foundation; 

281. $500,000 for the City of Huntingdon, Tennessee for 

land acquisition; 

282. $500,000 for the Rolling Mill Hill Revitalization 

Project in Nashville, Tennessee for the revitalization of distressed urban areas; 

1496 

283. $500,000 for the Big South Fork Visitors Center, Scott 

County, Tennessee to develop new visitors facilities; 

284. $250,000 for the Chattanooga Public Housing Authority to support the Economic Self Sufficiency and 21st Century 

Work Skills program in Chattanooga, Tennessee; 

285. $250,000 for the Native American Indian Association 

of Tennessee, Nashville, Tennessee for construction of a cultural center; 

286. $250,000 for the Lauderdale County Industrial Park, 

Lauderdale County, Tennessee for industrial site development; 

287. $250,000 for the Country Music Hall of Fame and 

Museum, Nashville, Tennessee to support community programs; 

288. $250,000 for the Chattanooga African American 

Chamber of Commerce, Tennessee to construct the Martin Luther King Business Solutions Center; 

289. $250,000 for the Appalachian Service Project, Johnson 

City, Tennessee to support the Summer Home Repair Program; 

290. $500,000 for Covenant House Texas in Houston to 

evaluate the structural and mechanical systems of the current 

emergency shelter and upgrade the agency’s infrastructure; 

291. $400,000 for the Acres Home Economic Development 

Initiative in Houston, Texas to redevelop the Acres home-community; 

292. $250,000 for the World Congress on Information 

Technology in Austin, Texas for renovations to the Austin Convention Center; 

293. $200,000 for the Beaumont Downtown Improvement 

Program in Beaumont, Texas for downtown redevelopment; 

294. $200,000 for the Texas Theater Renovations in Dallas, Texas for renovations to the building; 

295. $250,000 for Caritas of Austin, Texas for the Austin 

Basic Needs Collaboration Economic Development Initiative; 

296. $200,000 for the Fort Worth Urban Villages Revitalization initiative in Fort Worth, Texas for downtown improvements; 

297. $200,000 for the Houston Freedman’s Town African 

American Archive in Houston, Texas for continued renovations 

to the Gregory School; 

298. $200,000 for the San Angelo Home Loan Program in 

San Angelo, Texas to continue helping low and moderate income families with housing needs; 

299. $200,000 for the East Austin Improvements project in 

Austin, Texas to provide improvements to the Central East 

Austin neighborhood; 

300. $200,000 for the Denton Downtown Redevelopment 

project in Denton, Texas for downtown square improvements; 

301. $200,000 for the Plaza Theater Renovations in Laredo, Texas to renovate the Plaza Theater; 

302. $200,000 for the Corpus Christi Downtown Redevelopment in Corpus Christi, Texas to provide streetscape improvements; 

1497 

303. $100,000 for the St. Phillips Neighborhood Redevelopment Initiative in Dallas, Texas to provide improvements to 

the community; 304. $200,000 for the Vermont Institute of Natural 

Science, Woodstock, Vermont for the construction of a wildlife 

rehabilitation facility; 305. $200,000 for Vermont Housing and Conservation 

Board for the development of affordable housing in Rutland, 

Vermont; 

306. $750,000 for the Vermont Center on Emerging Technologies, Burlington, Vermont for development of a technology 

incubator; 

307. $600,000 for the Preservation Trust of Vermont, Burlington, Vermont for the Village Revitalization Initiative; 308. $450,000 for the Vermont Housing and Conservation 

Board, Montpelier, Vermont for development of affordable 

housing and downtown revitalization in Burlington, Vermont; 309. $250,000 for the Art Museum of Western Virginia in 

Roanoke, Virginia for planning and construction of a new museum; 

310. $250,000 for the George C Marshall Foundation in 

Lexington, Virginia for renovation and repair; 311. $700,000 for Christopher Newport University Real 

Estate Foundation, Newport News, Virginia for the Warwick 

Boulevard Commercial Corridor Redevelopment project; 312. $500,000 for the Woodrow Wilson Presidential Library, Staunton, Virginia for planning, construction, and renovation of the facility; 313. $300,000 for Virginia Economic Bridge, Inc., Radford, 

Virginia for development and operation of programs to address 

employment and economic development in Southwest Virginia; 314. $650,000 for Wayne County, Utah for the Wayne 

County Community Center; 315. $250,000 for West Jordan, Utah for the West Jordan 

Pioneer Hall Renovation; 

316. $900,000 for USF Elizabethan Theater, Cedar City, 

Utah for design and construction of an Elizabethan theater; 

317. $1,000,000 for Brigham City, Utah for the Academy 

Building Renovation; 

318. $500,000 for Salt Lake City, Utah for renovation of 

Historic Pioneer Park; 

319. $250,000 for the Boys and Girls Club of South Puget 

Sound in Tacoma, Washington for costs associated with construction of new community centers; 

320. $250,000 for the SWIFT Cyber Group in Richland, 

Washington for the SWIFT Initiative I—Elimination of 

Broadband Gaps; 

321. $200,000 for the Washington Technology Center in 

Seattle for the Washington Nanotechnology Initiative; 

322. $200,000 for the City of Burien, Washington for the 

acquisition and redevelopment of the Burien Highline Senior 

Center; 

323. $500,000 for the Delridge Development Association in 

Seattle, Washington for renovations of the Old Cooper School; 

1498 

324. $500,000 for Yakima Valley Farmworkers Clinic in 

Toppenish, Washington for costs associated with the construction of Science and Technology Partnership Center; 

325. $300,000 for the Edmonds Public Facilities District in 

Washington for costs associated with the construction of the 

Edmonds Center for the Arts; 

326. $300,000 for St. Anne’s Children/Family Center in 

Spokane, Washington for costs associated with construction; 

327. $250,000 for the Northwest Maritime Center in Port 

Townsend, Washington for construction; 

328. $250,000 for the Washington Public Ports Association 

in Olympia, Washington for the WPAA Education Foundation; 

329. $1,250,000 for the Raleigh County Commission, West 

Virginia for further development at the Raleigh County Airport 

Industrial Park; 

330. $1,250,000 for West Virginia University for the development of a facility to house forensic science research and academic programs; 

331. $1,250,000 for the McDowell County Commission, 

West Virginia for infrastructure and site development at the 

Indian Ridge Industrial Park; 

332. $750,000 for the City of Beckley, West Virginia for 

downtown revitalization; 

333. $300,000 for the Redevelopment Authority of the City 

of Milwaukee, Wisconsin for the Riverwest Neighborhood 

Housing Initiative; 

334. $250,000 for the Redevelopment Authority of the City 

of Milwaukee, Wisconsin for the redevelopment of the Tower 

Automotive site; 

335. $300,000 for the City of Madison, Wisconsin for the 

South Madison Redevelopment Project; 

336. $300,000 for the Town of Madison, Wisconsin for the 

continued work on the Novation Technology Campus; 

337. $300,000 for the City of Kenosha, Wisconsin for the 

Brass Redevelopment Project; 

338. $250,000 for the Menomonee Valley Partners of Milwaukee, Wisconsin for the redevelopment of a former rail yard; 

339. $250,000 for the City of Manitowoc, Wisconsin for economic development activities; 

340. $300,000 for the West Central Wisconsin Regional 

Planning Commission in Eau Claire for technology start ups 

and expansions; 

341. $250,000 for Riverfront Inc., in La Crosse, Wisconsin 

for the construction of work centers for the disabled; 

342. $750,000 for the University of Wyoming, Laramie, 

Wyoming for the construction of the Wyoming Technology 

Business Center; 

343. $250,000 for the Cottonwood Park Estates, Gillette, 

Wyoming for the removal of asbestos for senior housing construction; 

344. $100,000 to the City of Gadsden, Alabama for construction of the facility for the New Centurions Substance 

Abuse Program for Women; 

1499 

345. $200,000 to the City of Hanceville, Alabama for construction of the Wallace State Center for Automotive Manufacturing and Plastics; 

346. $200,000 to the City of Rainsville, Alabama for construction of the Rainsville Agricenter; 

347. $150,000 to the City of Guntersville, Alabama for renovation of the Old Rock School Whole Backstage Theater; 

348. $100,000 to the City of Hokes Bluff, Alabama for construction of a Senior Center; 

349. $60,000 to the City of Arab, Alabama for construction 

of the Lola Boyd Outdoor Education and Wildlife Area facility; 

350. $50,000 to the City of Gordo, Alabama for construction of a public library; 

351. $50,000 to the City of Fayette, Alabama for renovation of the historic old Post Office; 

352. $20,000 to Winston County, Alabama for facilities 

construction and renovation of the Historic Houston Jail; 

353. $20,000 to Winston County, Alabama for facilities 

construction and renovation of the Winston County Local Government Record Depository; 

354. $250,000 for the City of Birmingham, Alabama for 

renovations to the Birmingham Zoo; 

355. $200,000 to the City of Mobile, Alabama for renovations to the Saenger Theater; 

356. $200,000 to Wallace Community College for construction for the Southeast Alabama Nursing Initiative in Dothan, 

Alabama; 

357. $150,000 to the Chris Hammond Youth Foundation 

for construction of a youth sports complex in Wedowee, Alabama; 

358. $150,000 to the City of Tuskgee, Alabama for downtown revitalization; 

359. $590,000 for Covenant House in Anchorage, Alaska 

for capital improvement needs; 

360. $150,000 to North Arkansas College in Harrison, Arkansas for facilities construction of the North Arkansas College 

Health Sciences Education Center; 

361. $150,000 to Monticello-Drew County in Arkansas for 

Phase II of the Regional Sports Complex; 

362. $150,000 to the City of Phoenix, Arizona for construction of the Bob Stump Veteran’s Museum; 

363. $150,000 for the Marc Center in Mesa, Arizona for 

construction of the Marc Day Treatment and Training Center; 

364. $250,000 to Patronato Sax Xavier for facilities renovation at Mission San Xavier del Bac in Tucson, Arizona; 

365. $430,000 to the Fox Tucson Theatre Foundation for 

the preservation of the Fox Tucson Theatre in Tucson, Arizona; 

366. $100,000 to the Town of Springerville, Arizona for 

renovations to the historic Old Springerville Elementary 

School; 

367. $250,000 to the Riverside Community College in Riverside, California for facilities construction and renovation improvements; 

1500 

368. $200,000 to the Riverside Community College for construction of the School of Nursing in Riverside, California; 

369. $330,000 to HomeAid America for the construction of 

HomeAid America Temporary homeless shelters in Costa 

Mesa, California; 

370. $250,000 to the San Diego Food Bank in San Diego, 

California for facilities improvements; 

371. $850,000 to the City of Lincoln, California for construction and renovation of a Cultural and Business Center; 

372. $100,000 to the Auburn Peforming Arts Center for the 

purchase, demolition and reconstruction of the city’s State Theater in adjoining properties in downtown Auburn, California; 

373. $575,000 to the City of Sierra Madre, California for 

the construction of the Sierra Madre Youth Activity Center; 

374. $100,000 to the Lompoc Boys & Girls Club for facilities renovation of the Lompoc Boys & Girls Clubhouse; 

375. $150,000 to the Thousand Oaks Boys & Girls Club for 

construction of a new clubhouse on the campus of Colina Middle School in Thousand Oaks, California; 

376. $200,000 to the City of Redding, California for industrial park development at the Stillwater Business Park; 

377. $355,000 to the Boys and Girls Club of East San 

Diego County for construction of a new clubhouse in Santee, 

California; 

378. $250,000 to the City of Oceanside, California for construction of a new Senior Center; 

379. $100,000 to the town of Yucca Valley, California for 

the Civic Center Park; 

380. $150,000 to the City of Twentynine Palms, California 

for facilities and land acquisition for the Joshua Tree National 

Park Visitors Center; 

381. $250,000 for the City of Desert Hot Springs, California for the development and construction of the Civic and 

Community Center; 

382. $250,000 to the City of Banning, California for construction and renovation of the city pool; 

383. $280,000 to the National Orange Show in San 

Bernardino, California for facilities construction and renovation of the stadium; 

384. $625,000 to the City of Apple Valley, California for 

construction of the Civic Center Park project; 

385. $250,000 to the City of Lancaster, California for land 

acquisition for the North Downtown Transit Village Project; 

386. $200,000 to the City of Whittier, California for the expansion and remodeling of the Whittwood Branch Library; 

387. $200,000 to the International Agri-Center in Tulare, 

California for facilities construction; 

388. $200,000 to the City of Citrus Heights, California for 

the Auburn Boulevard Commercial Corridor Enhancements; 

389. $225,000 to the City of Livermore, California for facilities construction and renovations for the Tri-Valley Homeownership Clearinghouse; 

1501 

390. $250,000 to the North Fork Community Development 

Council for industrial park development in North Fork, California; 

391. $200,000 to the City of Westminster, California for 

construction of the Community Cultural and Education Center; 

392. $200,000 to Kern County, California for infrastructure 

improvements of the Imperial Way Industrial Park; 

393. $280,000 to the City of Bakersfield, California for 

sidewalks, street furniture and fac ̧ade improvements; 

394. $475,000 to the University of California for facilities 

construction and renovation to the Shafter Cotton Research 

and Extension Center in Shafter, California; 

395. $150,000 to the Bowers Museum of Cultural Art in 

Santa Ana California for facilities expansion and renovation; 

396. $100,000 to the City of Aurora, Colorado for facilities 

construction and renovation of the Fitzsimmons Redevelopment Authority; 

397. $100,000 to Jefferson County, Colorado for facilities 

and construction of an early childhood development center; 

398. $150,000 for the City of Arvada, Colorado for the design phase of the community’s arts and humanities center; 

399. $100,000 to the Bent of the River Audubon Center for 

facilities renovation of the Visitor’s Center in Connecticut; 

400. $150,000 for Trinity-On-Main in New Britain, Connecticut for the Trinity-On-Main Arts Education and Community Center for property acquisition and renovation; 

401. $100,000 to Progressive Training Associates in 

Bridgeport, Connecticut for facilities construction; 

402. $100,000 to the Stamford Center for the Arts for facilities construction of Little Theater & Arts Education Center; 

403. $200,000 to the Stamford Yerwood Center in Stamford, Connecticut for facilities renovation; 

404. $280,000 to the City of Bridgeport, Connecticut for facilities construction and renovation of the Music and Arts Center for Humanity; 

405. $100,000 to the Town of Willington, Connecticut for 

construction of the Willington Senior Center; 

406. $150,000 to the City of Norwich, Connecticut for the 

development of Harbor Park; 

407. $100,000 for the Beebe School of Nursing in Lewes, 

Delaware for facilities construction and renovation; 

408. $150,000 to the National Children’s Museum in 

Washington, DC for facilities construction and relocation costs; 

409. $250,000 for the City of Clearwater, Florida for facilities construction and renovation improvements for the Clearwater Homeless Intervention Project; 

410. $475,000 for Volunteer Jacksonville for the construction of the Volunteer Jacksonville Facility in Jacksonville, Florida; 

411. $280,000 for the South Florida Goodwill for facility 

renovations in Miami, Florida; 

412. $475,000 to the Centro Mater Head Start Facilities 

for construction of a new facility in Hialeah, Florida; 

1502 

413. $100,000 to Orange County, Florida for expansion of 

the Marks Street Senior Center; 

414. $625,000 to the Office of Farmworker Ministries in 

Apopka, Florida for facilities construction; 

415. $150,000 to the Sebring Airport Authority for industrial park development in Sebring, Florida; 

416. $475,000 to the City of Fort Myers, Florida for the 

restoration of Edison & Ford Winter Estates; 

417. $200,000 to the City of Sarasota, Florida for the 

Fredd ‘‘Glossie’’ Atkins park expansion; 

418. $150,000 to the City of Ocoee, Florida for facilities 

construction for a senior citizen veterans services center; 

419. $200,000 to the City of Palatka, Florida for the 

Palatka Riverfront improvements; 

420. $100,000 to the City of Miami, Florida for the Elderly 

Assistance Program for facilities construction; 

421. $250,000 to the City of Boca Raton, Florida for sidewalks, street furniture, and fac ̧ade improvements; 

422. $150,000 to the City of Gainesville, Florida for facilities improvements and upgrades of the Depot Regional 

Stormwater Park; 

423. $150,000 for Alachua County, Florida for streetscape 

improvements for the Partners for a Productive Community 

Enhancement Initiative; 

424. $610,000 to Hubbs/Sea World for facilities construction of a marine and coastal research center in Brevard County, Florida; 

425. $610,000 to Shands/Jacksonville for facilities construction and renovation of an emergency room/trauma center 

in Jacksonville, Florida; 

426. $610,000 to the Orlando Regional Medical Center for 

facilities construction and renovation of the Pediatric Trauma 

Center in Orlando, Florida; 

427. $50,000 to Crosswinds Youth Services for facilities 

construction of a youth center in Brevard County, Florida; 

428. $200,000 to the City of Largo, Florida for Central 

Park facilities improvements; 

429. $850,000 to the City of Clearwater, Florida for 

streetscape improvements for the Beachwalk project; 

430. $250,000 to Pinellas County, Florida for facilities construction and renovation of the Urban League Community 

Center; 

431. $850,000 to the Salvador Dali Museum in St. Petersburg, Florida for planning, design, and construction of facilities; 

432. $850,000 to the City of Dunedin, Florida for facilities 

construction and renovation of the city community center; 

433. $100,000 to the National Armed Services and Law 

Enforcement Memorial Museum, in Dunedin, Florida for facilities construction and renovation; 

434. $850,000 to the City of St. Petersburg, Florida for facilities renovation and expansion of the Florida Museum of 

Fine Arts; 

1503 

435. $375,000 to the City of Palm Harbor, Florida for the 

downtown revitalization project; 436. $375,000 to the City of Treasure Island, Florida for 

the community development project; 437. $475,000 to the City of St. Petersburg, Florida for restoration of the Jordan School; 

438. $575,000 to the City of St. Petersburg, Florida for the 

Tangerine Avenue community development project; 439. $275,000 for the City of Coral Gables, Florida for the 

Biltmore Complex Restoration Project; 440. $280,000 to the City of St. Petersburg, Florida for 

Dome Industrial Park facilities renovation and construction; 

441. $280,000 to the City of St. Petersburg, Florida for facilities construction and improvements at Bartlett Park; 442. $250,000 to the City of Tampa, Florida for facilities 

construction and renovation for the Bay History Center; 443. $625,000 to Eckerd College in St. Petersburg, Florida 

for construction of the Youth Opportunity Center; 444. $280,000 to the City of St. Petersburg, Florida for facilities construction and renovation for the Mid-Pinellas 

Science Center; 

445. $375,000 to the City of St. Petersburg, Florida for 

construction and renovation for the Catholic Charities Mercy 

House; 

446. $75,000 for Antioch Micro-Enterprise Network in August, Georgia for the Antioch Micro-Enterprise Network’s Entrepreneur Training Program; 447. $100,000 to Cobb County, Georgia for construction of 

the Marietta, Georgia Senior Center; 448. $100,000 to the City of Marietta, Georgia for capitalization of the Marietta Growth Fund; 

449. $100,000 to the Local Housing Assistance Program in 

the city of Smyrna, Georgia for construction; 450. $75,000 to the Joint Development Authority of Ben 

Hill and Irvin Counties, Georgia for industrial park development; 

451. $475,000 to the Coastal Heritage Society for construction of the Savannah Battlefield Interpretive Center in Savannah, Georgia; 

452. $250,000 to Cherokee County, Georgia for construction of the Cherokee County Emergency Children’s Shelter in 

Canton; 

453. $100,00 to the Clearwater Economic Development Association, Idaho, for an economic planning study for the Lewis 

and Clark Bicentennial Project; 

454. $475,000 to the City of Blackfoot, Idaho for land acquisition and improvements at the Jensen Grove City Park and 

Jensen Grove Lake; 

455. $150,000 to Franklin County, Idaho for the moving, 

renovation, restoration of the Oneida Stake Academy building 

in Preston, Idaho; 

456. $200,000 to Idaho State University for facilities construction for the L.E. and Thelma E. Stephens Performing Arts 

Center; 

1504 

457. $100,000 to Power County, Idaho for the Fort Hall 

Reservation/Power County Joint Economic Redevelopment Initiative; 

458. $200,000 to the City of Crest Hill, Illinois for facilities 

construction and renovation of Our Children’s Homestead Foster Home Development; 

459. $475,000 to the City of DeKalb, Illinois for industrial 

park infrastructure improvements; 

460. $330,000 to the Ray Graham Association for People 

With Disabilities in Downers Grove, Illinois, for capital improvements; 

461. $100,000 to the World War II Black Navy Veterans 

of Great Lakes Memorial Foundation for the North Chicago 

Veterans’ Memorial in North Chicago, Illinois; 

462. $275,000 to the St. Francis Medical Center in Peoria, 

Illinois for improvements, including consolidation of ambulatory care; 

463. $275,000 to the Lakeview Regional Museum in Peoria, Illinois for facilities construction and renovation of a new 

building; 

464. $275,000 for PeoriaNEXT in Peoria, Illinois for facilities construction and renovation of the Innovation Center business incubator; 

465. $250,000 for Illinois College in Jacksonville, Illinois 

for facilities construction and renovation of Whipple Hall; 

466. $275,000 for Glen Oak Zoo in Peoria, Illinois for facilities construction and renovation of a new Africa exhibit; 

467. $100,000 Eureka College, Eureka, IL, for continued 

construction of Science and Technology Center; 

468. $100,000 Northfield Park District, IL, for facilities 

renovation and rehabilitation; 

469. $150,000 to the City of Havana, Illinois for facilities 

construction and renovation of the Havana Rural Center; 

470. $100,000 to the Rockford Literary Council for facilities construction in Rockford, Illinois; 

471. $280,000 to the Burpee Museum-Discovery Center 

museum campus expansion project in Rockford, Illinois; 

472. $375,000 to the City of Joliet, Illinois for the continued restoration of the Rialto Square Theater; 

473. $330,000 to the City of Marion, Indiana for refurbishing the City of Marion Memorial Coliseum; 

474. $100,000 to Madison Township, Indiana for construction of the Madison Township Community Center; 

475. $250,000 to the City of South Bend, Indiana for industrial park development at the Studebaker Corridor; 

476. $250,000 to the South Bend Heritage Foundation in 

South Bend, Indiana for facilities construction and renovation; 

477. $150,000 to the City of Anderson, Indiana for industrial park development; 

478. $100,000 to the City of Fort Wayne, Indiana for facilities construction for the Hanna-Creighton Community Enhancement Initiative; 

1505 

479. $200,000 to the Tri-State University in Angola, Indiana, for facilities construction for the Center for Technology 

and Online Resources; 

480. $150,000 to the City of Storm Lake, Iowa for the construction of the Storm Lake Destination Park; 

481. $100,000 to the Housing Trust Fund of Johnson 

County in Iowa City, Iowa, for capitalization of loan funds; 482. $200,000 to the City of Waterloo, Iowa for industrial 

park development; 483. $125,000 to the City of Des Moines, Iowa for land acquisition for a technology park; 484. $250,000 to Historic Abilene, Inc., in Kansas for the 

revitalization of New Old Abilene Town; 

485. $100,000 to the City of Ottawa, Kansas for improvements to the Municipal Swimming Pool; 486. $200,000 to the City of Topeka, Kansas for industrial 

park development at the Center Point commerce park; 487. $250,000 to the City of Wichita, Kansas for the renovations at the Veterans Memorial Park; 

488. $330,000 to the City of Wichita, Kansas for facilities 

construction for the development of the 21st Street Community 

Development Corporation; 489. $100,000 to the City of Radcliff, Kentucky for 

streetscape improvements; 490. $150,000 to the Trinity Family Life Center of Louisville, Kentucky for facilities construction of a multi-purpose 

center; 

491. $625,000 to the Louisville Metro Government in Kentucky for the Newburg neighborhood revitalization; 492. $100,000 to Dream Foundation, Inc. in Louisville, 

Kentucky for playground construction; 493. $250,000 to Breathitt County Fiscal Court for the construction of an intergenerational community entertainment 

center in Jackson, Kentucky; 

494. $250,000 to the Roy F. Collier Community Center for 

computer hardware, equipment, and furniture needs in Inez, 

Kentucky; 

495. $200,000 to Metcalfe County Fiscal Court for construction of the Metcalfe County Enrichment Center in Edmonton, Kentucky; 

496. $250,000 for the YMCA of Franklin County, Kentucky 

for facilities construction; 

497. $150,000 to the City of St. Francisville, Louisiana for 

facilities construction and renovation; 

498. $280,000 to the Biomedical Research Foundation of 

NW Louisiana for industrial park development in Shreveport, 

Louisiana; 

499. $250,000 to St. John the Baptist Parish, Louisiana for 

facilities renovations to the Louisiana War Veterans Home; 

500. $330,000 to Boysville of Michigan for facilities construction and renovations; 

501. $150,000 to Global Enterprises for Water Technology 

for building acquisition and renovation at Clearwater Plaza in 

Grand Rapids, Michigan; 

1506 

502. $250,000 to the Grand Valley State University for acquisition of a research facility, training and education space for 

the Annis Water Resource Institute in Muskegon, Michigan; 

503. $475,000 to the Michigan Jewish Institute for facilities construction and renovation at the College Academic Center in West Bloomfield, Michigan; 

504. $100,000 to the Boys and Girls Club of Troy, Michigan for facilities construction and renovation; 

505. $100,000 to the Oakland Livingston Human Service 

Agency for facilities construction and renovation in Pontiac, 

Michigan; 

506. $250,000 for Focus: Hope in Detroit, Michigan for the 

renovation of a new workforce development center; 

507. $200,000 to the City of Durand, Michigan for downtown streetscape improvements; 

508. $100,000 to the St. Cloud Housing & Redevelopment 

Authority in Minnesota for renovations to Germain Towers; 

509. $150,000 to Scott County, Minnesota for renovation of 

affordable housing at the Belle Haven Apartment Preservation; 

510. $100,000 to the Cornerstone Advocacy Service in 

Bloomington, Minnesota for facilities construction; 

511. $100,000 to Laderdale County, Mississippi for facilities construction for Mississippi Scrimber Wood Project; 

512. $100,000 to the LeFleur Lakes Development Foundation in Rankin and Hinds Counties, Mississippi for an economic planning study; 

513. $125,000 to Mississippi State University for Phase II 

expansion of its Research, Technology and Economic Development Park in Mississippi State, Mississippi; 

514. $330,000 to the City of Holly Springs, Mississippi for 

the North Memphis Street Redevelopment Revitalization 

Project; 

515. $150,000 to the Show-Me Aquatics for facilities construction in Saint Charles, Missouri; 

516. $80,000 to Greene County, Missouri for the development of an industrial park; 

517. $250,000 to the City of Springfield, Missouri for the 

construction of a community multipurpose center; 

518. $475,000 for the Gillioz-Ronald Reagan Theatre in 

Springfield, Missouri for facilities renovation; 

519. $200,000 for the Missouri Soybean Association for 

construction of the Missouri Soybean Association’s Discovery 

Research Institute; 

520. $200,000 to the Southeast Missouri State University 

for construction of the Southeast Missouri State University 

River Campus in Cape Girardeau, Missouri; 

521. $150,000 to the Missouri Soybean Association for renovations to the New Generation Agribusiness Incubation Center in Kansas City, Missouri; 

522. $200,000 to the Brookfield Industrial Development 

Authority in Brookfield, Missouri, for industrial park development; 

1507 

523. $200,000 to the Montana State University-Northern 

for facilities equipment and technology upgrades in Havre, 

Montana; 

524. $375,000 to the Boys and Girls Home of Nebraska for 

Columbus Hospital renovations; 525. $200,000 to Nye County, Nevada for facilities renovation of the Pahrump/Nye County Fairgrounds; 526. $100,000 to the City of Henderson, Nevada for downtown revitalization; 

527. $200,000 to Boulder City, Nevada for the Historic 

Boulder City Hotel Rehabilitation; 528. $100,000 to the City of Concord, New Hampshire for 

facilities restoration and improvements to the Bicentennial 

Square; 529. $250,000 to the City of Nashua, New Hampshire for 

facilities restoration and improvements to Thoreau’s Park; 530. $150,000 to the Currier Art Museum for facilities construction and renovation of the Currier Museum Gallery in 

Manchester, New Hampshire; 531. $250,000 for the Girls and Boys Town USA in Newark, New Jersey, Jersey City, New Jersey, Portsmouth, Rhode 

Island, Las Vegas, Nevada and New Orleans, Louisiana for 

construction at the national priority projects of Girls and Boys 

Town USA; 

532. $100,000 to the Children’s Specialized Hospital for facility renovations in Mountainside, New Jersey; 533. $100,000 to the City of Bernardsville, New Jersey for 

the downtown streetscape project; 534. $100,000 to the Hunterdon County YMCA for construction of a child care facility in Hunterdon County, New 

Jersey; 535. $100,000 to the Town of Dover, New Jersey for an 

economic development planning study; 536. $100,000 to the Borough of Somerville in New Jersey 

for an economic development planning study; 

537. $100,000 to the Borough of Wanaque, New Jersey for 

improvements to the Haskell Business District Redevelopment; 

538. $175,000 to the Borough of Washington, New Jersey 

for sidewalks, street furniture and fac ̧ade improvements; 

539. $250,000 to the City of Mount Holly, New Jersey for 

facilities construction and renovation to the Mt. Holly Workforce Development & Economic Revitalization Center; 

540. $250,000 to the City of Greater Trenton, New Jersey 

for the construction of the Greater Trenton YMCA; 

541. $150,000 for the Association de Comerciantes Latinos 

de Nuevo Mexico in Albuquerque, New Mexico, for facilities 

construction; 

542. $200,000 to the City of Albuquerque, New Mexico for 

construction of the Santa Barbara/Martineztown Learning 

Center; 

543. $25,000 to the Town of Mentz, New York for renovations to the Senior Center; 

544. $50,000 to the City of Auburn, New York for facilities 

construction and renovation of Willard Chapel; 

1508 

545. $50,000 to the United Cerebral Palsy in Utica, New 

York for development of children’s campus in Rome, New York 

at the Griffiss Business and Technology Park; 

546. $75,000 to the City of Auburn, New York for renovations of the Merry Go Round Playhouse; 

547. $200,000 to the City of Geneva, New York for facilities construction and renovation of the Cornell Agriculture and 

Food Technology Park; 

548. $280,000 to the City of Utica, New York for facilities 

construction and renovation of the Science and Technology 

Center at Utica College; 

549. $280,000 to the City of Utica, New York for facilities 

construction and renovation of the Stanley Theater Expansion 

and Modernization Project; 

550. $50,000 to Brooklyn Remembers Inc. for construction 

of the Brooklyn Remembers Memorial in Brooklyn, New York; 

551. $150,000 to the Saint Vincent Catholic Medical Centers for facilities construction and renovation of a Primary 

Care Outpatient Center in Stapleton, New York; 

552. $150,000 to Yeled V’Yalda for construction of the 

Yeled V’Yalda Treatment Center for Children with Disabilities 

in Brooklyn, New York; 

553. $475,000 to the Roberts Wesleyan College in Rochester, New York for construction of a new Library and Information Resource Center; 

554. $250,000 to the Town of Monroe, New York for construction of the Monroe Free Library; 

555. $250,000 to the North Shore-Long Island Jewish 

Health System for facilities construction and renovations to expand the Emergency Department in Bay Shore, New York; 

556. $280,000 to Paul Smith’s College in Franklin County, 

New York for construction of the Joan Weil Student Center; 

557. $50,000 to the Village of Hamilton, New York for industrial park development at the Hamilton Industrial Park; 

558. $50,000 to the Cheektowaga Senior Center in 

Cheektowaga, New York for facilities improvements; 

559. $268,000 to the Genesee Country Village and Museum in Mumford, New York for facilities improvements; 

560. $250,000 to the Catskill Mountain Foundation for the 

renovation of the Orpheum Theatre and Sugar Maples Resort 

in Hunter, New York; 

561. $250,000 to the Warren County Economic Development Corp. in North Creek, New York for facilities construction of the North Creek Ski Bowl; 

562. $475,000 to the City of Syracuse, New York for facilities construction and renovations of the Amos Block Redevelopment Project; 

563. $250,000 to the City of Syracuse, New York for renovations and streetscape improvements to the ARC of Onondaga facility for developmentally disabled adults; 

564. $250,000 to the City of Syracuse, New York for renovations to P.E.A.C.E. Inc. facilities in Central New York; 

1509 

565. $75,000 to Onondaga County, New York for the 

Greater Syracuse Sports Hall of Fame for facilities expansion 

and renovation; 

566. $375,000 to the City of Syracuse, New York for facilities renovations to Syracuse Stage; 567. $250,000 to the City of Syracuse, New York for facilities expansion and renovation of Vera House; 568. $100,000 to the City of Rochester, New York for planning and expansion of the High Falls Film Festival; 569. $950,000 to St. John Fisher’s College in Rochester, 

New York for construction of a new School of Pharmacy; 570. $200,000 to the Town of Penfield, New York for renovations to the Camp Haccamo facilities for the disabled; 571. $575,000 to the Metropolitan Development Association in Syracuse, New York for the Essential New York Initiative; 

572. $100,000 to the Town of Palmyra, New York for renovations to the Palmyra Community Center; 573. $75,000 to the Wayne County, New York for planning 

and marketing of an alternative use strategy for the Savannah 

Elementary School Building; 574. $375,000 to the Metropolitan Development Association in Syracuse, New York for construction and renovations of 

the Electronics Park complex; 575. $150,000 to the City of Syracuse, New York for building renovations and stablization at the Mizpah Tower facility; 576. $50,000 to the City of Syracuse, New York for facilities construction and renovation to the North Area Athletic & 

Education Center, Inc.; 

577. $475,000 to the New York State Olympic Regional Development Authority for facilities construction; 578. $250,000 to the Simon Wiesenthal New York Tolerance Center in New York City for facade restoration improvements; 

579. $475,000 to the Metropolitan Museum of Art in New 

York City for facade restoration improvements; 

580. $500,000 to the National Center for Disabilities Services in Albertson, New York for facilities construction and renovation; 

581. $500,000 to Jazz at Lincoln Center in New York City 

for facilities construction; 

582. $150,000 to the Natural History Museum of the Adirondacks for construction of a new museum in New York State; 

583. $50,000 to the State University of New York (SUNY) 

Canton for facilities construction; 

584. $50,000 to the Lewis County General Hospital in 

Lewis County, New York for facilities construction and modernization; 

585. $475,000 to Brooklyn Public Library in New York for 

restoration of the central plaza; 

586. $250,000 to the Rivers and Estuaries Center on the 

Hudson in New York for facilities construction; 

587. $330,000 to Daemon College in Amherst, New York 

for facilities improvement; 

1510 

588. $250,000 to the State University of New York (SUNY) 

for the SUNY Delhi Center of Excellence in Watershed Applications and Technology-Based Economic Revitalization for facilities construction and equipment; 589. $150,000 to the Southeastern Center for Contemporary Art for facilities construction and renovation in Winston-Salem, North Carolina; 

590. $200,000 to the Blowing Rock Community Arts Center Foundation in Blowing Rock, North Carolina for construction of the Blowing Rock Performing Arts Center; 591. $100,000 to the City of Charlotte, North Carolina for 

facilities construction and renovation at Grier Heights; 592. $150,000 to the City of Raeford, North Carolina for 

streetscape improvements; 593. $150,000 to Scotland County, North Carolina for demolition of the Scotland County Hospital; 594. $100,000 to the Graveyard of the Atlantic Museum in 

Hatteras, North Carolina for facilities construction; 

595. $100,000 to Gaston County, North Carolina, for industrial park development for the Gaston County Technology 

Park Expansion; 596. $100,000 to Gaston County, North Carolina to establish a revolving loan for investment in downtown Gastonia; 597. $50,000 for the City of Etowah, North Carolina for 

the Etowah community park for streetscape improvements; 598. $475,000 for the Education and Research Consortium 

at Brevard College in Brevard, North Carolina for science 

building facilities construction and renovation; 599. $475,000 for the Education and Research Consortium 

at Brevard College in Brevard, North Carolina for dormitory 

facilities construction and renovation; 

600. $475,000 to Brevard, North Carolina for the Brevard 

Public Library for facilities construction and renovation; 601. $150,000 to the Victory Videos Ministry in the City of 

Forest Park, Ohio for the construction of a youth center; 

602. $250,000 to the Westcott House Foundation for facilities construction and renovations to the Westcott House in 

Springfield, Ohio; 

603. $275,000 to the Lancaster Campus of Ohio University 

for facilities construction of a Community Event and Conference Center in Lancaster, Ohio; 

604. $100,000 to Fairfield County, Ohio for facilities construction and renovations at the new location for Fairfield Industries; 

605. $50,000 to the Ohio Wesleyan University for facilities 

construction and renovations in Delaware, Ohio; 

606. $275,000 for the Springfield—Clark County Community Improvement Corporation for land acquisition to expand 

the Applied Research Technology Park (ARTP); 

607. $200,000 to the City of Willowick, Ohio for site preparation and construction of the Willowick Lakefront Development; 

608. $200,000 to Newbury Township, Ohio for sidewalks, 

street furniture and facade; 

1511 

609. $330,000 to the Hocking Athens Perry Community 

Action in Glouster, Ohio for renovations to the community center; 

610. $330,000 for the 14th Street Community Center in 

Portsmouth, Ohio for facilities construction and renovation; 

611. $1,430,000 for the Canton Regional Chamber of Commerce’s Foundation in Canton, Ohio for industrial park development; 612. $257,000 to the City of Columbus, Ohio for construction of the YWCA Family Center; 613. $250,000 to Development Projects, Inc. for site preparation for the Downtown Dayton Northeast Quadrant in Dayton, Ohio; 

614. $250,000 to the St. Mary’s Development Corporation 

for land acquisition for the Multi-Family Housing Project in 

Dayton, Ohio; 615. $150,000 to the City of Moore, Oklahoma for the expansion of Buck Thomas Park; 616. $250,000 to the Harrah Industrial and Economic Development Authority for industrial park infrastructure development in Harrah, Oklahoma; 

617. $200,000 to the City of Perkins, Oklahoma for development of the Oklahoma Territorial Plaza; 618. $150,000 to the City of Tulsa, Oklahoma for facilities 

construction and renovation of the Tulsa Hispanic Family Resource Center; 

619. $200,000 to the Southern Oregon Rehabilitation Center for facilities renovations in White City, Oregon; 620. $150,000 to Gannon University, Erie, Pennsylvania 

for construction of the Erie Technology Incubator; 621. $250,000 to the Montgomery County Community College for facilities construction of the Small Business Development & University Transfer Center in Pottstown, Pennsylvania; 

622. $250,000 to ARC of Montgomery County, Pennsylvania for facilities construction of a MARC building; 

623. $200,000 to the Vietnam Veterans Leadership Program of Western Pennsylvania for facilities expansion in Pittsburgh, Pennsylvania; 

624. $100,000 for the Westmoreland County Industrial Development Authority for industrial park development in Hempfield Township, Pennsylvania; 

625. $150,000 to Allegheny County Department of Economic Development for site preparation and construction of 

Clinton Industrial Park in Findlay Township, Pennsylvania; 

626. $100,000 to the Punxsutawney Weather Museum for 

improvements in Punxsutawney, Pennsylvania; 

627. $100,000 to the Brookville YMCA in Brookville, Pennsylvania for facilities renovations; 

628. $150,000 to Tabor Community Services in Lancaster, 

Pennsylvania for property acquisition and renovation; 

629. $150,000 to the York Street Center and Stillmeadow 

Child Care Center in York, Pennsylvania for facilities renovations; 

1512 

630. $200,000 to Sayre Borough, Pennsylvania for renovation of the Enterprise Center; 631. $200,000 to Trehab Center in Montrose, Pennsylvania 

for facilities construction; 

632. $70,000 for the Morrison’s Cove Memorial Park Recreation Center in Blair County, Pennsylvania for facilities improvements; 633. $100,000 for the Penn’s Woods Council, Boy Scouts of 

America for camp upgrades in Tyrone, Pennsylvania; 634. $105,000 for Indiana University of Pennsylvania for 

construction of a Regional Development Complex in Indiana, 

Pennsylvania; 635. $25,000 for improvements to Nitterhouse Community 

Park in Chambersburg, Pennsylvania; 636. $250,000 to the University Technology Park in Chester, Pennsylvania to develop parking facilities for its first and 

second phase buildings; 637. $200,000 to the South Carolina School for the Deaf 

and Blind for renovations of a dormitory building in 

Spartanburg, South Carolina; 638. $100,000 to the City of Columbia, South Carolina for 

capitalization of the Enterprise Revolving Loan Fund; 639. $100,000 to the City of Columbia, South Carolina for 

industrial park development; 640. $100,000 to the City of Williamson County, Tennessee 

for the planning and improvements for the Cool Springs Life 

Sciences Center; 

641. $250,000 to East Tennessee Historical Society for construction of the East Tennessee History Center in Knoxville, 

Tennessee; 

642. $475,000 to the East Tennessee Veterans Memorial 

Association for construction of an East Tennessee Veterans 

Memorial in Knoxville, Tennessee; 

643. $100,000 to the Second Harvest Food Bank of Northeast Tennessee for facilities renovations; 

644. $100,000 to the Oak Ridge Center for Entrepreneurial 

Growth in Knoxville, Tennessee to expand successful business 

counseling programs and to prepare new technology companies 

to qualify for financing at various stages of their development; 

645. $250,000 to Hamilton County, Tennessee for facilities 

construction for a Center for Entrepreneurial Growth Incubator; 

646. $250,000 to the City of Arlington, Texas for facilities 

construction and land acquisition and including up to $100,000 

for an economic development planning study; 

647. $250,000 to the City of Arlington, Texas for facilities 

construction and renovation of the Central Arlington Housing 

Development Corporation; 

648. $950,000 for Texas A&M International University for 

facility improvements in the City of Laredo, Texas; 

649. $200,000 to the City of Houston, Texas for the Super 

Block renovations; 

650. $725,000 to the City of Fort Worth, Texas for construction of the Trinity River Vision project; 

1513 

651. $150,000 to the City of Leonard, Texas for streetscape 

infrastructure including sidewalks projects; 

652. $200,000 to the Audie Murphy/American Cotton Museum in Greenville, Texas for facilities construction and renovation; 

653. $100,000 to Breedlove Dehydrated Foods in Lubbock, 

Texas for facilities expansion; 

654. $100,000 to the South Plains Food Bank in Lubbock, 

Texas for facilities upgrades; 

655. $100,000 to the Science Spectrum Museum in Lubbock, Texas for facilities upgrades; 

656. $250,000 to the City of Dallas, Texas for renovation 

to the Texas Theatre; 

657. $100,000 for the World Congress on Information 

Technology in Austin, Texas for facilities construction and renovation of the International Center; 

658. $150,000 to Brigham City, Utah for facilities construction and renovation of the Box Elder Dance Academy; 

659. $150,000 for the Virginia Holocaust Museum in Richmond, Virginia for facilities renovation; 

660. $475,000 to the Virginia Performing Arts Foundation 

for construction of the Virginia Performing Arts Foundation 

Education Center in Richmond, Virginia; 

661. $150,000 to the Mary Washington College Foundation 

for facilities construction and renovation of the Maury Center 

Project; 

662. $200,000 to the City of Fairfax, Virginia for the City 

of Fairfax Downtown Redevelopment Project; 

663. $250,000 to the Lutheran Housing Services, Inc. in 

Burke, Virginia for facilities construction; 

664. $100,000 to the Town of Smithfield, Virginia for the 

Smithfield Downtown Revitalization Project; 

665. $100,000 for the Franklin County Library in Rocky 

Mount, Virginia for facilities renovation and equipment replacement; 

666. $100,000 for Piedmont Arts Association for technology 

improvements in Martinsville, Virginia; 

667. $150,000 to the Town of Appomattox, Virginia for facilities construction of an African-American cultural and heritage museum at the Carver-Price building; 

668. $100,000 for the Town of South Boston, Virginia for 

renovations and creation of a community arts center at the 

Prizery; 

669. $125,000 for the City of Moneta, Virginia for facilities 

construction and renovation of an art, education and community outreach center; 

670. $150,000 to Kenbridge, Virginia for facilities and construction at the Kenbridge Town Center; 

671. $75,000 to the Town of Boydton, Virginia for revitalization efforts of the central business district; 

672. $99,000 for Patrick Henry Community College in 

Henry County, Virginia for equipment to train students in the 

motorsports industry; 

1514 

673. $51,000 for the Robert E. Lee Community Center in 

Chase City, Virginia to assist with renovations to the Robert 

E. Lee Auditorium; 

674. $75,000 to the City of Big Island, Virginia for the Sedalia Center restoration; 

675. $475,000 to the Total Action Against Poverty to restore and revitalize the Dumas Center for Artistic and Cultural 

Development in downtown Roanoke, Virginia; 676. $75,000 to the Transitional Housing Program, Inc. in 

the city of Front Royal, Virginia for construction for a transitional housing program; 677. $100,000 to Loudon Cares in Leesburg, Virginia for 

facilities construction and renovation; 

678. $250,000 for the Good Shephard Alliance in Leesburg, 

Virginia to build a homeless and poverty center; 679. $250,000 to Dodona Manor in Leesburg, Virginia for 

construction and renovation; 

680. $475,000 to the Museum of Shenandoah Valley in 

Winchester, Virginia for facilities construction; 681. $200,000 for facilities expansion and renovation of the 

Virginia Historical Society; 682. $280,000 to the Walter Clore Wine and Culinary Center in Prosser, Washington for facilities construction; 683. $100,000 for the Spokane Symphony for renovations 

to the Fox Theater in Spokane, Washington; 684. $100,000 to the Business and Industrial Development 

Corporation for economic development planning study related 

to the DOW Technology Park; 685. $50,000 to the Business and Industrial Development 

Corporation for laboratory and office renovations; 686. $130,000 to the Fremont County Association of Governments for improvements to the Fremont County War Memorial; 

687. $70,000 to the Paper Industry International Hall of 

Fame in Appleton, Wisconsin for facilities construction and 

renovation; 

688. $100,000 to the City of Green Bay, Wisconsin for the 

National Railway Museum for exhibits; 

689. $250,000 to the City of Cedarburg, Wisconsin for the 

Cedarburg Site revitalization project; 

690. $48,500 to the City of Decatur, Alabama for improvements to Delano Park; 

691. $48,500 to the Muscle Shoals Regional Center at the 

University of North Alabama for a feasibility study; 

692. $48,500 to the Morgan County Child Advocacy Center 

in Decatur, Alabama for facilities construction and renovation; 

693. $48,500 to the Bankhead Educational Foundation, 

Inc. for facilities planning and construction in Lawrence County, Alabama; 

694. $72,750 to Parents and Children Together in Decatur, 

Alabama for facilities construction, renovation, and upgrades 

to its center; 

695. $72,750 to the Princess Theatre Center for Performing Arts in Decatur, Alabama for facilities renovations; 

1515 

696. $97,000 to the Madison County Commission in Alabama for countywide planning; 697. $97,000 to Athens State University for facilities renovation of McCandless Hall; 

698. $97,000 to the 1856 Memphis and Charleston Railroad Freight Depot in Huntsville, Alabama, for repairs and 

renovations; 

699. $97,000 to the Huntsville Museum of Art in Alabama 

for facilities upgrades; 700. $97,000 to the Northwest Alabama Children’s Advocacy Center for facilities improvements, expansions, and upgrades; 701. $121,250 to the Huntsville-Madison County Botanical 

Gardens in Alabama for improvements to facilities; 702. $121,250 to the Helen Keller Birthplace Foundation 

for restoration of Ivy Green in Tuscumbia, Alabama; 703. $72,750 to the City of Hueytown, Alabama for construction of the Hueytown Community Center; 704. $97,000 to the Old Independence Regional Museum in 

Arkansas for facilities renovation; 

705. $194,000 to the Arkansas State University for facilities construction and renovation of the Vada Sheid Community 

Development Center in Mountain Home, Arkansas; 706. $72,750 to the City of Prescott, Arkansas for construction of a public swimming pool; 707. $121,250 to the City of Conway, Arkansas for sidewalks, street furniture, and facade improvements the Conway 

Redevelopment project; 708. $72,750 to the Dunbar Coalition for the Dunbar 

Project in Tucson, Arizona for playground equipment, restoration of the school ramada, and renovation of the auditorium; 

709. $72,750 to the Buillion Plaza Museum Association in 

Miami, Arizona for renovation of the museum building; 710. $97,000 to the Boys and Girls Clubs of Metro Phoenix 

for a new facility for the Glendale Boys & Girls Club in Phoenix, Arizona; 

711. $242,500 to Chicanos Por La Causa for land acquisition at the Buckeye Road Site Development in Phoenix, Arizona; 

712. $72,750 to the City of San Bernardino, California for 

expansion of its senior center; 

713. $48,500 to the Optimist Youth Homes and Family 

Services in Highland Park, Los Angeles, California for facilities 

construction; 

714. $121,250 to the City of Los Angeles, California for rehabilitation of the Echo Park Boathouse; 

715. $97,000 to the Sylmar Recreation and Park Center in 

Sylmar, California for facilities construction and renovation; 

716. $97,000 to the Valley Economic Development Center 

in Pacoima, California for facilities construction of the Pacoima 

Community Development Federal Credit Union; 

717. $121,250 to the City of Santa Barbara, California for 

construction and restoration associated with the Arroyo Burro 

Beach Park; 

1516 

718. $72,750 to the City of Stockton, California for renovation of the El Dorado Teen Center; 

719. $72,750 to the Vietnam Veterans of San Diego for the 

construction of a new homeless shelter in San Diego, California; 

720. $72,750 to the City of Fresno, California for improvements in the Southern Fresno Industrial Park; 

721. $169,750 to the City of Palo Alto, California for restoration of the Palo Alto Children’s Library; 722. $291,000 to the Second Harvest Food Bank in Santa 

Cruz and San Benito Counties, California for facilities construction and renovations; 

723. $97,000 to the County of Imperial, California for 

project planning of the Imperial County Eco Park; 724. $72,750 to the City of Los Angeles, California for land 

acquisition and development of the East Wilmington Park; 725. $72,750 to the City of San Jose, California for renovations and upgrades to a shopping district; 726. $121,250 to the County of Alameda Public Works 

Agency for sidewalks improvements in Cherryland and Ashland, California; 

727. $97,000 to the City of San Jose, California for construction of a multipurpose community center; 728. $291,000 to the Sacramento Area Regional Technology Alliance for an economic development planning study 

and facility construction and renovation; 729. $121,250 to the City of Long Beach, California for 

renovation and expansion of the Museum of Latin American 

Art; 

730. $72,750 to the South Montebello Irrigation District in 

Montebello, California for construction of a community center; 731. $291,000 to the International Museum of Women in 

San Francisco, California for rehabilitation and buildout; 

732. $388,000 to the Filipino Cultural Center in San Francisco, California for construction and buildout; 

733. $72,750 to the El Proyecto Pastoral for construction 

of a pre-school center in Los Angeles, California; 

734. $121,250 to the East Los Angeles Community Corporation for renovation of office space in Boyle Heights, Los 

Angeles, California; 

735. $121,250 to the El Pueblo de Los Angeles Historic 

Park for restoration of a mural in Los Angeles, California; 

736. $97,000 to the City of Anaheim, California for the reconstruction and lighting of the Magnolia High School athletic 

fields; 

737. $72,750 to the City of Burbank, California for construction of the Ovrom Recreation Center and Community Day 

School; 

738. $72,750 to the City of Porter Ranch, California for facility expansion of the North Valley YMCA; 

739. $97,000 to the City of Azusa, California for construction of a health care clinic; 

740. $97,000 to the City of Duarte, California for construction of a new library; 

1517 

741. $97,000 to the City of Fremont, California for facilities renovations to the Kidango Rix Child Care Center; 

742. $97,000 to the City of San Leandro, California for the 

construction of the San Leandro Senior Citizens Center; 

743. $121,250 to the City of Lafayette, California for the 

construction of a veterans memorial building; 

744. $72,750 to the City of American Canyon, California 

for construction of the Veterans Memorial Park; 

745. $72,750 to the City of Windsor, California for the rehabilitation of Keiser Park; 

746. $97,000 to the City of Lawndale, California for construction of the Lawndale Senior Center; 

747. $169,750 to the City of Inglewood, California for construction of the Inglewood Senior Center; 

748. $72,750 to the City of Los Angeles, California for renovation of the Barnsdall House and Park; 

749. $266,750 to the City of Santa Monica, California for 

facilities construction and renovation of the Santa Monica National Mountains Gateway Visitors Center; 

750. $97,000 to the Valley of the Moon Children’s Home 

for construction in Santa Rosa, California; 

751. $97,000 to Center Point, Inc. in Marin County, California for renovation of a treatment facility for youth; 

752. $72,750 to the Denver Department of Human Services 

for renovations and buildout of a homeless shelter in Denver, 

Colorado; 

753. $121,250 to the Greater Dwight Development Corporation for construction of the Dwight Community Child Care 

Center in New Haven, Connecticut; 

754. $145,500 to the City of Derby, Connecticut for the 

Sterling Opera House renovation; 

755. $194,000 to the Main Street Development Corporation 

for land acquisition, planning and facilities construction associated with the Naugatuck Valley Economic Growth Initiative in 

Naugatuck Valley, Connecticut; 

756. $121,250 to the University of Hartford, Connecticut 

for renovations to the Hartt Performing Arts Center; 

757. $97,000 to Gonzaga High School in Washington, District of Columbia for facilities renovation and construction; 

758. $145,500 to the Tri-County Ag Complex in Altha, 

Florida for construction of a multipurpose center; 

759. $145,500 to the City of Carrabelle, Florida for construction of a recreation park; 

760. $194,000 to the City of Orlando, Florida for land acquisition in the Parramore Neighborhood; 

761. $72,750 to the City of St. Petersburg, Florida to rehabilitate the Jordan School; 

762. $72,750 to the Urban League of Broward County, 

Florida for construction of a community building resource center; 

763. $72,750 to Hendry County, Florida for sidewalks, 

street furniture, and fac ̧ade improvements at Hendry LaBelle 

Community Civic Park; 

1518 

764. $72,750 to the Miami-Dade County Empowerment 

Zone Trust for facility construction of the Poinciana Biopharmaceutical Park; 765. $145,500 to the Office of Farmworker Ministry in 

Apopka, Florida for facilities construction; 766. $72,750 to the SOWEGA Council on Aging for construction of senior center in Albany, Georgia; 767. $72,750 to America’s Second Harvest of Georgia for 

facility buildout in centers; 768. $72,750 to Lowndes Association Ministries to People 

(LAMP) for renovation of a multipurpose center in Valdosta, 

Georgia; 769. $72,750 to the East Baker Historical Society/21st 

Century Community Corporation in Georgia for facility repairs; 770. $97,000 to the City of Plains, Georgia for construction 

and facilities buildout of the Plains Rural History Resource 

Center; 

771. $97,000 to Phoebe Putney Memorial Hospital in 

Dougherty County, Georgia for building renovation; 772. $97,000 to the National Infantry Foundation in Columbus, Georgia for construction of New National Infantry Museum and Heritage Park; 773. $97,000 to Morris Brown College in Atlanta, Georgia 

for renovation of a building; 774. $97,000 to the Flint River Auditorium Alliance for 

renovation of an auditorium in Flint River, Georgia; 775. $97,000 to the Albany Theater in Albany, Georgia for 

facilities renovations; 

776. $194,000 to the Miller County Development Authority 

for construction of a sound stage in Colquitt, Georgia; 777. $145,500 to the Covenant House of Atlanta, Georgia 

to purchase and construct a new crisis shelter for homeless 

youth; 778. $145,500 to Spelman College in Atlanta, Georgia for 

renovations to Rockefeller Hall; 

779. $121,250 to the Tubman Museum in Macon, Georgia 

for construction; 

780. $97,000 to the City and County of Honolulu, Hawaii 

for expansion and renovation of the Makiki Library; 

781. $121,250 to the City of Des Moines, Iowa for land acquisition for a technology park; 

782. $169,750 to the City of Benton, Illinois for construction of a new library; 

783. $242,500 to the Night of Ministry in Chicago, Illinois 

for rehabilitation and construction of the Night of Ministry 

Homeless Youth Housing Shelter; 

784. $970,000 to the Rush-Presbyterian-St. Luke’s Medical 

Center in Chicago, Illinois for facilities construction; 

785. $72,750 to the Academy for Urban School Leadership 

for construction of a gymnasium and playing fields in Chicago, 

Illinois; 

786. $194,000 to the City of Grafton, Illinois for development of the marina and harbor, including construction of sidewalks; 

1519 

787. $194,000 to the Western Illinois University for construction of the Quad City Campus in Moline, Illinois; 

788. $194,000 to the Chicago Park District for the Davis 

Square Park reconstruction in Chicago, Illinois; 

789. $121,250 to The Inner Voice/A Little Bit of Heaven for 

facility upgrades to homeless shelters on the South Side of Chicago, Illinois; 

790. $169,750 to the Calumet Area Redevelopment Initiative for land acquisition and restoration of the Lake Calumet 

area; 

791. $339,500 to the Greater Chicago Food Depository for 

construction of a new foodbank and training facility 

792. $388,000 to the Village of Western Springs, Illinois 

for land acquisition and construction of a parking lot; 

793. $72,750 to the Chicago Board of Education for construction and renovations for a high school in Chicago, Illinois; 

794. $72,750 to the City of Des Plaines, Illinois for expansion of the Des Plaines Community Senior Center; 

795. $145,500 to the University of Indianapolis for facility 

expansion in Indianapolis, Indiana; 

796. $266,750 to the City of Whiting, Indiana for renovation of the Whiting Social Center Facility; 

797. $485,000 to the Town of Schererville, Indiana for construction of a recreational facility; 

798. $72,750 to El Centro, Inc. for facilities construction 

and renovation in a business park; 

799. $121,250 to the Kansas Chapter, National Korean 

War Veterans’ Association for construction of the Korean War 

Memorial of Overland Park, Kansas; 

800. $121,250 to Morehead State University for construction and expansion of classrooms in Mt. Sterling, Kentucky; 

801. $121,250 to the St. Mary’s Women and Infants Center 

for renovations to its facilities for homeless women and children in Boston, Massachusetts; 

802. $97,000 to the Town of Barnstable, Massachusetts for 

site preparation, design, sidewalks, street furniture, and fac ̧ade 

improvements; 

803. $72,750 to the Town of Dedham, Massachusetts for 

parks improvements; 

804. $220,500 to the Mystic Valley Development Corporation in Medford, Massachusetts for the development of a technology and research center; 

805. $145,500 to the Malden Immigrant Center in Malden, 

Massachusetts for facilities construction, upgrades and buildout; 

806. $97,000 to the City of Worcester, Massachusetts for 

facilities construction and renovation of the Worcester Center 

for the Performing Arts; 

807. $121,250 to the Lowell, Massachusetts Boys and Girls 

Club for facility improvements; 

808. $145,500 to the City of Springfield, Massachusetts for 

construction of the Springfield Public Market; 

1520 

809. $169,750 to the American International College in 

Springfield, Massachusetts for increased classroom space at 

the Reed Mansion and Breck Hall; 

810. $194,000 to the New England Log Homes Redevelopment for demolition in Great Barrington, Massachusetts; 

811. $485,000 to the Food Bank of Western Massachusetts 

in Hatfield, Massachusetts for facilities expansion; 

812. $145,500 to Salem State College in Salem, Massachusetts for construction and renovation of its Art Glass Works 

Facility; 

813. $72,750 to the Enterprise Foundation for a feasibility 

study in Annapolis, Maryland; 

814. $145,500 to the Baltimore School for the Arts for 

building upgrades in Baltimore, Maryland; 

815. $60,000 to the Ministers Alliance of Charles County 

and Vicinity in Waldorf, Maryland for facilities renovation and 

buildout for a minority business center; 

816. $194,000 to the Town of North Beach, Maryland for 

construction of a gym and multipurpose room at the Bayside 

Boys and Girls Club; 

817. $194,000 to the Girl Scout Council of the Nation’s 

Capital for the Girl Scout Camp construction, in Charles and 

Prince Georges Counties, Maryland; 

818. $242,500 to St. Mary’s County for land acquisition 

and demolishment at the Lexington Manor Northern Parcel in 

Leonardtown, Maryland; 

819. $72,750 to the Cal Ripken Senior Foundation for construction of a stadium in Aberdeen, Maryland; 

820. $72,750 to Prince Georges County, Maryland for facilities construction and renovation of the Permanent Employment & Training Center and Multicultural Academy; 

821. $121,250 to the Anacostia Watershed Society for facilities renovation of the George Washington House in Prince 

George’s County; 

822. $121,250 to the Gulf of Maine Research Institute for 

facilities construction and renovation in Portland, Maine; 

823. $97,000 to the City of Lewiston, Maine for renovation 

of a public theatre; 

824. 97,000 to the City of Lewiston, Maine for renovation 

of the Franco-American Heritage Center; 

825. $121,250 to the City of Greenville, Maine for rehabilitation of the Junction Wharf; 

826. $121,250 to the City of Detroit, Michigan for demolition; 

827. $169,750 to the Arab Community Center for Economic 

and Social Services in Dearborn, Michigan for construction of 

a museum; 

828. $72,750 to Genesee County, Michigan for demolition, 

rehabilitation, and site preparation; 

829. $72,750 to the Tuscola Human Development Commission for construction of an intergenerational day care facility in 

Caro, Michigan; 

1521 

830. $315,250 to the City of Detroit, Michigan for sidewalks, street furniture, and fac ̧ade improvements to the Detroit RiverWalk, East River Front; 

831. $48,500 to the Cities of Manistique and Charlevoix, 

Michigan for the Northern Michigan Senior Centers Renovation Project; 832. $145,500 to Marquette General Hospital in Marquette, Michigan for construction of a trauma and emergency 

center; 

833. $72,750 to the City of South St. Paul, Minnesota for 

site preparation at Port Crosby Park; 834. $97,000 to Leech Lake Tribal College for facilities 

construction and renovation in Cass Lake, Minnesota; 

835. $145,500 to the City of Royalton, Minnesota for the 

renovation of a multi-purpose community facility; 836. $145,500 to the City of Park Rapids, Minnesota for 

Teamworks for a new industrial park; 837. $97,000 to the City of Willmar, Minnesota for redevelopment of a closed airport into the City of Willmar Industrial 

Park; 

838. $97,000 to the City of Canby, Minnesota for construction of the Prairie Farm Preservation Education and Exhibit 

Center; 

839. $218,250 to the Neighborhood Involvement Program 

in Minneapolis, Minnesota for rehabilitation of a multipurpose 

community center; 840. $339,500 to the Ritz Theater Foundation in Minneapolis, Minnesota for renovations to the Ritz Theater; 841. $72,750 to the City of St. Louis, Missouri for construction of the Northside Recreation Center; 

842. $97,000 to the City of St. Louis, Missouri for 

streetscape improvements, fac ̧ade improvements, and street 

furniture in the commercial district; 

843. $97,000 to the Lemay Development Corporation in St. 

Louis, Missouri for land and site acquisition, demolition, 

streetscape improvements and renovation of St. Louis neighborhoods; 

844. $194,000 to the Missouri Sheriff’s Association for construction of an indoor firing range in Jefferson City, Missouri; 

845. $97,000 to Clarke County, Mississippi for development of an industrial park; 

846. $121,250 to Wayne County, Mississippi for development of an industrial park; 

847. $72,750 to the Mississippi Valley State University for 

a feasibility study of the recreation areas at the Boys and Girls 

Club facilities in Itta Benna, Mississippi; 

848. $97,000 to the Mississippi Valley State University in 

Itta Benna, Mississippi for the renovation and expansion of 

current facilities for the Center for Rural and Small Town Development; 

849. $72,750 to the City of Henderson, North Carolina for 

facilities construction associated with downtown revitalization; 

850. $97,000 to the Raleigh Area Development Authority 

in Raleigh, North Carolina for capitalization of a loan fund; 

1522 

851. $145,500 to Duplin County, North Carolina for retrofitting and upgrades to the West Park Business Technology 

Center; 

852. $72,750 to the Wake County Library Foundation for 

construction of a downtown library in Raleigh, North Carolina; 853. $72,750 to the Music Maker Relief Foundation Inc. for 

acquisition, renovation, and buildout of a facility in Orange 

County, North Carolina.; 854. $97,000 to the North Carolina Community Development Initiative, Inc. for construction and buildout of a community center in Apex, North Carolina; 855. $97,000 to Durham County, North Carolina for renovation and buildout of a community health center; 856. $97,000 to the Center for Community Self-Help in 

Durham, North Carolina for construction and buildout of a 

farmer’s market facility; 857. $97,000 to the Summit House, Inc. for construction 

and buildout of a residential facility for incarcerated mothers 

and their children in North Carolina; 

858. $145,500 to Triangle Residential Options for Substance Abusers, Inc. for expansion and buildout of substance 

abuse treatment facilities in Durham, North Carolina; 

859. $145,500 to the Town of Holly Springs, North Carolina for construction and buildout of a performing and cultural 

arts center; 

860. $145,500 to the Town of Fuquay-Varina, North Carolina for renovation, expansion, and buildout of a community 

center; 

861. $145,500 to the Town of Apex, North Carolina for renovation, expansion, and buildout of a performing and cultural 

arts center; 

862. $97,000 to the East Market Street Development Corporation for facility renovations to the old post office site in 

Greensboro, North Carolina; 

863. $121,250 to the Bennett College Science Center for facilities construction and renovation in Greensboro, North Carolina; 

864. $121,250 to the Three Affiliated Tribes at Fort 

Berthold, North Dakota for construction of a cultural interpretive center; 

865. $194,000 to the LEAP Academy University Charter 

High School for facilities construction and renovation in Camden City, New Jersey; 

866. $121,250 to the Township of Franklin in Somerset 

County, New Jersey for acquisition of a building to be renovated into a museum; 

867. $97,000 to Hudson County Community College for 

construction of Union City Campus in Union City, New Jersey; 

868. $97,000 to the Jersey City Medical Center in New 

Jersey for facilities construction and expansion of a heart institute; 

869. $169,750 to the City of Perth Amboy, New Jersey for 

rehabilitation and construction of the Jewish Renaissance Medical Center; 

1523 

870. $145,500 to Monmouth University in West Long 

Beach, New Jersey for renovation of the Guggenheim Memorial 

Library; 

871. $97,000 to the County of Essex, New Jersey for expansion of the Essex County Environmental Center in Roseland, New Jersey; 

872. $145,500 to the City of Newark, New Jersey for land 

acquisition for the University Heights Science Park; 

873. $145,500 to the Newark Museum in Newark, New 

Jersey for renovation and expansion of an existing facility; 

874. $72,750 to the Fort Lee Senior Center in Fort Lee, 

New Jersey for expansion; 

875. $72,750 to the Town of Hackensack, New Jersey for 

streetscape renovation; 

876. $72,750 to Rowan University in Mantua, New Jersey 

for construction of a technology park; 

877. $97,000 to the Saint Peter’s College Campus Community Center in Jersey City, New Jersey for a feasibility study; 

878. $72,750 to Mora County, New Mexico for construction 

of the David Cargo Public Library; 

879. $97,000 to the Nevada Partners, Inc. for facilities construction and expansion of a training facility in North Las 

Vegas, Nevada; 

880. $72,750 to the North Shore Child and Family Guidance Center for expansion of a building in Long Island, New 

York; 

881. $121,250 to the City of Holtsville, New York for facilities construction of the Brookhaven/Patchogue Family YMCA; 

882. $48,500 to Truman High School in the Bronx, New 

York for facilities renovation; 

883. $72,750 to Elmcor Youth and Adult Activities for construction of an economic development center in Queens, New 

York; 

884. $145,500 to the City of Mt. Vernon, New York for restoration of an abandoned building into a job training and cultural center; 

885. $72,750 to Johnson City, New York for facilities construction and renovations to the Goodwill Theater; 

886. $121,250 to the City of Kingston, New York for the 

Ulster Performing Arts Center for renovations, upgrades, and 

repairs; 

887. $121,250 to the Rural Ulster Preservation Company 

in Kingston, New York for renovations to the Kirkland Hotel; 

888. $72,750 to the City of Northport, New York for construction of the Northport American Legion facility; 

889. $72,750 to the Village of Dobbs Ferry, New York for 

streetscape improvements; 

890. $97,000 to the Volunteer Counseling Services of Rockland County, New York for renovations to its building; 

891. $97,000 to the City of Greenburgh, New York for upgrades and renovations to make facilities in Webb Park; 

892. $97,000 to the Village of West Haverstraw, New York 

for sidewalk improvements; 

1524 

893. $145,500 to the Village of Port Chester, New York for 

construction of a senior center; 

894. $72,750 to the Queens Borough Public Library System for construction of a library in Queens, New York; 

895. $121,250 to the Lower East Side Tenement Museum 

for facilities construction, renovation and buildout; 

896. $121,250 to the Town of North Hempstead, New York 

for renovation of blighted properties in New Castle, New York; 

897. $97,000 to the City of Albany, New York for the South 

End Demolition Project; 

898. $97,000 to the City of Albany, New York for expansion of the Palace Theater stage; 

899. $97,000 to the City of Albany, New York for the Corning Preserve Albany Waterfront Development; 

900. $121,250 to Jamaica Hospital in New York, New York 

for land acquisition; 

901. $72,750 to the Federation of Italian-American Organizations for expansion and renovation of its community center 

in Brooklyn, New York; 

902. $97,000 to the City of Brooklyn, New York for construction of a computer lab; 

903. $121,250 to the Brooklyn Public Library for renovation and development of the library’s Central Plaza in Brooklyn, New York; 

904. $97,000 to the Aaron Davis Hall, Inc. for restoration 

and renovation of the hall into a performing arts building in 

Harlem, New York; 

905. $145,500 to The Armory Foundation for facilities renovation in New York; 

906. $145,500 to the Amigos del Museo del Barrio, Inc. in 

New York, New York for capital improvements to the 

Heckscher Building; 

907. $121,250 to the Pregones Theater in Bronx, New York 

for interior structural renovation work; 

908. $344,000 to the City of New York Department of 

Parks & Recreation for renovations to the Bath House at 

Crotona Park; 

909. $585,000 to the Mary Mitchell Family & Youth Center for construction of a multipurpose center in Bronx, New 

York; 

910. $72,750 to the Town of Tonawanda, New York for repairs to a training facility; 

911. $72,750 to Group 14621 Community Association for 

renovations to the Pulaski Library in Rochester, New York; 

912. $97,000 to the City of Buffalo, New York for renovations to the Broadway Market; 

913. $194,000 to the Brooklyn Academy of Music Local Development Corporation for design, construction, and 

streetscape improvements to the District’s South Site in Brooklyn, New York; 

914. $169,750 to the Brooklyn Economic Development Corporation to rehabilitate a building for business and economic 

development activities in Brooklyn, New York; 

1525 

915. $72,750 to the Education Center for Russian Jewry in 

Rego Park, Queens, New York for facilities construction; 

916. $121,250 to the City of Broadview Heights, Ohio for 

demolition; 

917. $72,750 to Stella Maris, Inc. in Cleveland, Ohio for 

construction of a community recovery center; 

918. $97,000 to the City of Toledo, Ohio for economic development planning for the Reynolds Road Green Corridor 

project; 

919. $97,000 to the Lagrange Development Corporation in 

Toledo, Ohio for construction of a community center; 

920. $242,500 to the City of Toledo, Ohio for building construction and streetscape improvements along Detroit Avenue; 

921. $630,500 to the City of Toledo, Ohio for the Erie 

Street Market for Facilities reconstruction; 

922. $72,750 to the Board of County Commissioners in 

Portage County, Ohio for construction of a veteran memorial in 

Ravenna, Ohio; 

923. $97,000 to Washington State Community College in 

Marietta, Ohio for construction of a conference center; 

924. $72,750 to the City of Portland, Oregon for the Central City Eastside Streetcar project; 

925. $72,750 to the Oregon Museum of Science and Industry for land acquisition in East Portland, Oregon; 

926. $218,250 to the Port of Brookings Harbor, Oregon for 

construction of a seafood processing plant; 

927. $72,750 to the City of Salem, Oregon for facility improvements to the Salem Conference Center; 

928. $121,250 to the City of Salem, Oregon for industrial 

park development at the Mill Creek Industrial and Employment Center; 

929. $121,250 to the City of Philadelphia, Pennsylvania for 

renovations to the Rock School; 

930. $72,750 to the Bloomfield Preservation and Heritage 

Society for construction of its Education, Research, and Development Center in Pittsburgh, Pennsylvania; 

931. $72,750 to the Breachmenders Mentoring Grants Program in Pittsburgh, Pennsylvania for facility renovations and 

upgrades; 

932. $72,750 to the Neighborhood Centers Association’s 

Childcare/Early Childhood Education Center for facilities construction of a childhood education center in Pittsburgh, Pennsylvania; 

933. $72,750 to the Homeless Children Education Fund/ 

Learning Centers’ homeless shelters for facility revitalization 

and renovations in Allegheny County, Pennsylvania; 

934. $72,750 to North Hills Community Outreach in the 

Borough of Millvale, Pennsylvania for facilities construction 

and renovation; 

935. $97,000 to the C.C. Mellor Memorial Library in Pittsburgh, Pennsylvania for infrastructure repairs; 

936. $48,500 to the American Theater Arts for Youth, Inc. 

in Philadelphia, Pennsylvania for facility enhancements; 

1526 

937. $48,500 to the Potters House Mission in West Philadelphia, Pennsylvania for land acquisition; 

938. $48,500 to The Inglis Foundation for facility upgrades 

in Philadelphia, Pennsylvania for enhanced services; 

939. $97,000 to the Pinn Business Development Center in 

Philadelphia, Pennsylvania for building renovations; 

940. $97,000 to the Mann Center for Performing Arts in 

Philadelphia, Pennsylvania for rehabilitation and expansion of 

the performance hall; 

941. $97,000 to the Greater St. Matthew Community Development Center in Philadelphia, Pennsylvania for construction of child development center; 

942. $97,000 to the United Way of Philadelphia, Pennsylvania for facility upgrades of the People’s Emergency Center 

West Philadelphia Digital Community Inclusion Project; 

943. $194,000 to the Center in the Park in Philadelphia, 

Pennsylvania for facility enhancements for a senior housing facility; 

944. $416,750 to the Educational Advancement Alliance in 

Philadelphia, Pennsylvania for acquisition or facilities construction of a multipurpose facility; 

945. $97,000 to the Borough of Tremont, Pennsylvania for 

sidewalks and streetscape lighting; 

946. $218,250 to the City of Harrisburg for capital costs 

associated with the CorridorOne Regional Rail Program of the 

Modern Transit Partnership in downtown Harrisburg, Pennsylvania; 

947. $72,750 to the City of Scranton, Pennsylvania for land 

acquisition, facilities renovation, and demolition; 

948. $145,500 to the City of Wilkes-Barre, Pennsylvania 

for land acquisition, facilities renovation, and demolition; 

949. $97,000 to Washington County, Pennsylvania for engineering and design of improvements at the Alta Vista Business Park; 

950. $97,000 to Westmoreland County, Pennsylvania for 

design, engineering and construction of the Rostraver Veterans 

Memorial Park; 

951. $121,250 to Armstrong County, Pennsylvania for 

planning and renovation of buildings for reuse associated with 

the IUP Kittening Campus Reuse Project; 

952. $121,250 to Westmoreland County, Pennsylvania for 

acquisition and reuse of a facility in the Lenox Building Rehabilitation project; 

953. $145,500 to the Cambria County, Pennsylvania War 

Memorial Authority for construction of a stage and sports floor; 

954. $194,000 to the Greene County Community Center for 

construction of a new community center in Greene County, 

Pennsylvania; 

955. $242,500 to Armstrong County, Pennsylvania for construction of replacement facilities at the Belmont Complex; 

956. $242,500 to the Waynesburg College Center for Economic Development in Greene County, Pennsylvania for facilities construction and renovations; 

1527 

957. $291,000 to Fayette County, Pennsylvania for development of a business park; 958. $388,000 to Cambria County, Pennsylvania for facility 

construction and improvements to the Johnstown Regional 

Technology Complex; 959. $485,000 to the Winnie Palmer Nature Reserve in 

Westmoreland County, Pennsylvania for facilities construction 

and development; 960. $485,000 to Fayette County, Pennsylvania for renovation, revitalization, and improvement associated with the 

Downtown Uniontown Revitalization Project; 961. $72,750 to the Please Touch Museum in Philadelphia, 

Pennsylvania for facilities construction; 962. $48,500 to the World War II Memorial Commission of 

Rhode Island for the construction of the Rhode Island World 

War II Memorial; 

963. $121,250 to the Cornerstone Adult Services/Bristol 

Center for renovation of a mill building in Bristol, Rhode Island; 

964. $145,500 to the City of East Providence, Rhode Island 

for facilities construction and renovation of the East Providence Senior Center; 

965. $72,750 to the City of West Warwick, Rhode Island 

for construction of the West Warwick Senior Center; 

966. $242,500 to Salve Regina University in Newport, 

Rhode Island for facilities renovations; 

967. $145,500 to the Five Rivers Community Development 

Corporation for the acquisition of land for a community training site in Georgetown County, South Carolina; 968. $145,500 to the South Sumter Resource Center for facilities construction and renovation in Sumter, South Carolina; 

969. $97,000 to the Lee County Public Library in Lee 

County, South Carolina for facilities expansion and relocation; 970. $291,000 to Clinton Junior College in Rock Hill, 

South Carolina for construction of a new library/classroom facility; 

971. $121,250 to the Cheyenne River Youth Project for construction of a teen center in Eagle Butte, South Dakota; 

972. $72,750 to Fisk University in Nashville, Tennessee for 

development of a physical facilities master plan; 

973. $121,250 to the Arts Center of Cannon County in 

Woodbury, Tennessee for construction and renovation of the 

Cannon County Cultural Tourism Complex; 

974. $72,750 to the Southwest Tennessee Community College for expansion of a biotechnology building in Memphis, 

Tennessee; 

975. $169,750 to the Arts Center of Cannon County for expansion and construction of the Cannon County Cultural Tourism Complex in Woodbury, Tennessee; 

976. $145,500 to the Lauderdale County Economic Development Board in Ripley, Tennessee for industrial park development at the North Industrial Park; 

977. $97,000 to the NABA International Park for the construction and renovations of its visitor center; 

1528 

978. $97,000 to Southwest Key in Austin, Texas for facilities construction; 

979. $97,000 to the City of Killeen, Texas for construction 

of a senior citizens center; 

980. $436,500 to Quinn Campus, Inc. for construction, renovation and upgrades at Paul Quinn College in Waco, Texas; 

981. $145,500 to Harris County, Texas Precinct 2 for the 

Harris County Unincorporated Area Revitalization Program in 

Harris County, Texas to enhance economic development in the 

area; 

982. $145,500 to the City of Houston, Texas for construction and buildout of the Mason Park Family Center; 

983. $72,750 to Texas A&M University in Kingsville, 

Texas for facility expansion of the Center for Young Children; 

984. $72,750 to the City of Houston, Texas for the renovation of a school building to house an African-American archive 

and cultural center; 

985. $121,250 to the City of Houston, Texas for capital improvements to the Guadalupe Plaza Park; 

986. $72,750 to the City of Dallas, Texas for facilities construction and buildout of the Joppa Rodeo; 

987. $121,250 to the City of Dallas, Texas for rehabilitation of the Black Dance Theater; 

988. $169,750 to the Corpus Christi Regional Transportation Authority for the sidewalk improvements in Corpus 

Christi, Texas; 

989. $121,250 to the Canutillo, Texas Independent School 

District for construction of a Science and research center; 

990. $97,000 to Salt Lake County, Utah for construction of 

the East Side Senior Center; 

991. $121,250 to the Utah Shakespearean Festival for architectural and engineering design and construction of a performance facility; 

992. $194,000 to the Dabney S. Lancaster Community College for construction of the Virginia Packaging Applications 

Center; 

993. $97,000 to the Boys and Girls Club of Alexandria, Virginia for renovation and expansion of its facility; 

994. $97,000 to the Shirlington Incubation Center in Arlington, Virginia for construction of an incubator; 

995. $97,000 to the Arlington Housing Corporation in Arlington County, Virginia for property acquisition, building demolition, and facilities renovation; 

996. $169,750 to the Northern Virginia Urban League for 

rehabilitation of the Freedom House in Alexandria, Virginia; 

997. $145,500 to the National Park Foundation for site 

preparation and construction of a New Market Heights memorial and visitor’s center in Henrico County, Virginia; 

998. $291,000 to Edgehill Recovery Retreat Center in Winchester, Virginia for facilities construction; 

999. $72,750 to the Central Vermont Council on Aging in 

Barre, Vermont for construction and rehabilitation of senior 

centers; 

1529 

1000. $72,750 to the Vermont Network Against Domestic 

Violence and Sexual Assault in Montpelier, Vermont for construction and rehabilitation of domestic violence shelters; 

1001. $97,000 to the Vermont Employee Ownership Center 

in Burlington, Vermont for capitalization of a loan fund; 1002. $72,750 to the Fire Mountain Arts Council for renovation of the Morton Theater in Morton, Washington; 1003. $72,750 to the City of Hoquiam, Washington for renovation of the Senior Nutrition Center; 

1004. $194,000 to the Port of Bremerton, Washington for 

expansion of a marina; 1005. $388,000 to the Town of Port Townsend, Washington 

for construction on the Northwest Maritime Center; 

1006. $72,750 to the Edmonds Public Facilities District for 

renovations at the Edmonds Center for the Arts in Edmonds, 

Washington; 1007. $121,250 to the City of Bellingham, Washington for 

renovations to the Mount Baker Theater; 

1008. $72,750 to the Boys and Girls Club of King County, 

Washington for renovation of the Greenbridge Community 

Center in White Center; 

1009. $72,750 to the Asian Counseling and Referral Service for construction of a new building in Seattle, Washington; 1010. $72,750 to the City of Federal Way, Washington for 

the West Hylebos Wetlands Boardwalk Replacement; 1011. $169,750 to the City of Beloit, Wisconsin for sidewalks, street furniture, and fac ̧ade improvements; 1012. $97,000 to Dakota County Technical College and 

Chippewa Valley Technical College for construction of the Center of Technology Innovation and Learn Lab in Eau Claire, 

Wisconsin and Rosemount, Minnesota; 

1013. $242,500 to the Wisconsin Rapids Heart of Wisconsin Chamber of Commerce for a loan fund; 

1014. $940,000 to the Ashwabay Outdoor Education Foundation in Washburn, Wisconsin for acquisition of land; 

1015. $1,000,000 to the Marshfield Clinic for construction 

of the Melvin R. Laird Center for Applied Sciences; 

1016. $97,000 to Forward Southern West Virginia in Beckley, West Virginia for land acquisition, planning, design and 

construction; 

1017. $657,000 to the Greenbrier Valley Economic Development Corporation in Lewisburg, West Virginia for facilities 

construction and buildout; 

1018. $970,000 to the 4-County Economic Development 

Corporation in Oak Hill, West Virginia for facilities construction; 

1019. $72,750 to the Mountaineer Area Council in Fairmont, West Virginia for facilities construction; 

1020. $72,750 to the Wetzel County 4-H Camp in New 

Martinsville, West Virginia for facilities renovation and buildout; 

1021. $72,750 to the Grant County Library Commission in 

Grant County, West Virginia for facilities construction and renovation; 

1530 

1022. $97,000 to Alderson-Broaddus College in Philippi, 

West Virginia for facilities construction, upgrades and buildout; 

1023. $97,000 to the Tyler County Commission in Tyler 

County, West Virginia for facilities construction and renovations; 

1024. $97,000 to the Monongalia County Schools Foundation, Inc. in West Virginia for construction of recreational facilities; 

1025. $97,000 to the Marion County Commission in Marion County, West Virginia for planning, renovation and construction; 

1026. $97,000 to West Liberty State College in West Liberty, West Virginia for planning and construction; 

1027. $97,000 to Glenville State College in Glenville, West 

Virginia for planning and design of a science center; 

1028. $97,000 to the Strand Theatre Preservation Society 

in Moundsville, West Virginia for theatre renovations; 

1029. $242,500 to Wheeling Hospital in Wheeling, West 

Virginia for facilities upgrades and buildout; 

1030. $1,386,600 to Vandalia Heritage Foundation, Inc. for 

land acquisition; 

1031. $1,090,900 to the West Virginia High Technology 

Consortium Foundation, Inc. for facilities construction; and 

1032. $1,940,000 to Glenville State College in Glenville, 

West Virginia for the construction of a new campus community 

education center. 

—$42,000,000 for the Neighborhood Initiatives program instead of $21,735,000 as proposed by the House and 

$22,000,000 as proposed by the Senate. Modified language 

is included, similar to language proposed by the House and 

Senate, to target funds made available under this program. Targeted grants shall be provided as follows: 

1. $250,000 for the reconstruction of Newell Hall at the 

University of Florida; 

2. $300,000 for Lokahi Pacific in Wailuku, Hawaii for costs 

associated with the construction of the Blue Hawaii Building 

Projects and the Wailuku Small Business Center; 

3. $200,000 for the Patriot’s Gateway Center in Rockford, 

Illinois for continuation of programs and neighborhood revitalization in Rockford; 

4. $500,000 for the City of Terre Haute, Indiana for the 

Terre Haute Business Incubator; 

5. $500,000 for the Iowa Department of Economic Development for the enhancement of regional economic development 

capabilities; 

6. $300,000 for the City of Council Bluffs, Iowa for downtown revitalization; 

7. $500,000 for Catholic Housing of Wyandotte County, 

Kansas, Inc. for construction of low-cost housing and economic 

development activities as part of the Bethany Redevelopment 

Project in Wyandotte County, Kansas; 

1531 

8. $1,000,000 for the Casey County Fiscal Court, Kentucky 

for the Central Kentucky Agriculture and Exposition Center in 

Casey County, Kentucky; 

9. $1,000,000 for East Baltimore Development Inc., in Baltimore, Maryland for redevelopment activities in East Baltimore; 

10. $1,300,000 for the Denali Commission for economic development in remote Native and rural villages in Alaska; 

11. $300,000 for the Cambridge Redevelopment Authority, 

Massachusetts for the Kendall Square Renewal Area Project; 

12. $300,000 for the Detroit Riverfront Conservancy, 

Michigan for costs associated with the restoration of Detroit 

riverfront west; 

13. $1,000,000 to the B.B. King Museum Foundation for 

the B.B King Museum in Indianola, Mississippi; 

14. $300,000 to Mississippi State University for the Capacity Development Initiative in Starkville, Mississippi; 

15. $250,000 to Jackson State University for the Lynch 

Street Development Corridor Redevelopment in Jackson, Mississippi; 

16. $250,000 to the City of Grenada for the Taylor Hall 

renovation in Grenada, Mississippi; 

17. $350,000 for the LeFleur Lakes Development Foundation for an Economic Development Plan in Rankin and Hinds 

County, Mississippi; 

18. $350,000 to Lincoln County for the restoration of the 

Boys & Girls Club in Lincoln County, Mississippi; 

19. $5,000,000 for the Grace Hill Neighborhood Health 

Centers, Inc. shall be spent on primary prevention activities 

with no less than $4,000,000 spent on remediation and abatement activities of housing in St. Louis, Missouri; 

20. $500,000 to the Urban League of Kansas City, Missouri for programs to support at-risk youth in the urban core 

of Kansas City; 

21. $260,000 to the Central Missouri Food Bank in Columbia, Missouri for capital campaign project; 

22. $90,000 to the Special Learning Center in Jefferson 

City, Missouri for staffing, training, equipment, supplies and 

renovations; 

23. $50,000 to the Children’s Therapy and Early Education 

School in Mexico, Missouri for an indoor exercise and gym area 

and to provide location for occupational and physical therapy 

for children with developmental delays and special needs; 

24. $250,000 for the Urban Institute in Washington, DC 

for HOPE VI related research activities; 

25. $1,000,000 for the Georgia Museum of Art in Athens, 

Georgia for completion of phase II; 

26. $250,000 for the City of North Las Vegas, Nevada for 

a neighborhood beautification project; 

27. $500,000 for the City of Rugby, North Dakota to continue work on information technology and energy projects; 

28. $400,000 for Charleston Housing Trust Incorporated in 

South Carolina for the development of affordable housing; 

1532 

29. $300,000 for Mercy Housing, Inc. for improvements to 

rural housing in Yakima, Washington; and 30. $1,000,000 for the Girl Scouts of the USA for youth development initiatives in public housing; 31. $1,000,000 for Shepherd University in Shepherdstown, 

West Virginia for construction, related activities, and programs 

at the Scarborough Library; 32. $500,000 for the Boys and Girls Clubs of America to 

establish programs for youth living in Public and Indian housing communities; 33. $800,000 to Swope Community Builders in Kansas 

City, Missouri for the redevelopment of the Brush Creek 

Neighborhood; 34. $100,000 to Tri-State University in Angola, Indiana for 

facilities construction and renovation of the Center for Technology and Online Resources; 35. $250,000 to Bradley University in Peoria, Illinois for 

facilities construction and renovation of Bradley Hall; 36. $250,000 to Pathway Services in Jacksonville, Illinois 

for facilities construction and renovation of a respite care facility; 37. $100,000 to Teen Challenge in Decatur, Illinois for facilities construction and renovation; 

38. $100,000 to Quincy University in Quincy, Illinois for 

design and construction of a science building; 39. $100,000 to Tazewell/Woodford Head Start in East Peoria, Illinois for facilities construction and renovation of a new 

facility; 40. $100,000 to the City of Peoria, Illinois for Southern 

Gateway revitalization project; 41. $275,000 to the First Gethsemane Center for Family 

Development in Louisville, Kentucky for the purchase of a 

multi-purpose facility; 42. $600,000 to Maryhurst, Inc. in Louisville, Kentucky for 

facilities construction and renovation of a multi-purpose youth 

activities center; 

43. $675,000 to the YMCA of Greater Louisville, Kentucky 

for renovations to the Chestnut Street facility; 

44. $200,000 to the Visually Impaired Preschool Services 

in Louisville, Kentucky for facilities renovation; 

45. $735,000 to the Monroe County Heritage Christian 

Home for costs associated with construction of the Springdale 

Farm Demonstration Project located in Ogden, Monroe County, 

New York; 

46. $500,000 to NYSERNET for optical networking infrastructure; 

47. $550,000 to the Central New York Regional Planning 

and Development Board for Finger Lakes Open Lands Conservation Project; 

48. $475,000 to the Genesse/Finger Lakes Regional Planning Council for the Finger Lakes Open Lands Conservation 

Project; 

49. $5,540,000 to the City of Syracuse, New York for the 

Neighborhood Initiative Program; 

1533 

50. $1,000,000 for The Ohio State University in Columbus, 

Ohio for facilities construction and renovation in the Community Properties of Ohio Initiative. 

51. $2,910,000 to the Institute for Scientific Research for 

construction related to a high-technology diversification initiative 

52. $2,660,000 to the West Virginia High Technology Consortium Foundation, Inc. for mission purposes and economic 

development initiatives; 

53. $2,910,000 to the Vandalia Heritage Foundation, Inc. 

for community and neighborhood revitalization and economic 

diversification initiatives; and 

54. $970,000 to the City and County of San Francisco for 

capital; and improvements, upgrades and buildout for a senior 

homeless facility. 

Includes modified language making technical corrections to 

certain targeted economic development initiative grants funded 

under this heading in prior appropriations Acts, similar to language proposed by the House and the Senate. 

Includes language proposed by the House transferring up to 

$3,465,000 to the Working Capital Fund for development of and 

modifications to information technology systems. Modified language 

is included to broaden the uses of these funds to include other Departmental information technology needs. The Senate had proposed 

$500,000 for this transfer. 

Includes language limiting the use of funds provided under 

this heading for planning, management and administration to not 

more than 20 percent of the funds provided except for amounts provided for certain activities as proposed by the House and the Senate. 

COMMUNITY DEVELOPMENT LOAN GUARANTEES PROGRAM ACCOUNT

(INCLUDING TRANSFER OF FUNDS)

Appropriates $7,000,000 for costs associated with section 108 

loan guarantees, including administrative costs, to subsidize a total 

loan principal of up to $275,000,000 as proposed by the House. The 

Senate had proposed $7,325,000 for this account. 

BROWNFIELDS REDEVELOPMENT

Appropriates $24,000,000 for brownfields redevelopment as 

proposed by the House. The Senate had proposed $25,000,000 for 

this account. 

HOME INVESTMENT PARTNERSHIPS PROGRAM

(INCLUDING TRANSFER OF FUNDS)

Appropriates a total of $1,915,000,000 for this account, instead 

of $1,920,000,000 as proposed by the House and $2,050,000,000 as 

proposed by the Senate. 

The conference agreement includes $1,865,000,000 for the 

HOME Investment Partnerships program, instead of 

$1,835,000,000 as proposed by the House and $2,000,000,000 as 

1534 

proposed by the Senate. Within this account, funds are allocated as 

follows: 

$42,000,000 is for housing counseling. The House had pro- posed $38,000,000 for housing counseling and the Senate had 

proposed $45,000,000; $18,000,000 is for technical assistance as proposed by the Senate. The House had proposed $17,400,000 for technical assistance. Of amounts made available for technical assistance, 

$7,500,000 is for qualified non-profit intermediaries to provide 

technical assistance to Community Housing and Development 

Organizations (CHDOs) instead of $7,000,000 as proposed by 

the House and $8,000,000 as proposed by the Senate; and $2,000,000 as a transfer to the Working Capital Fund as proposed by the House instead of $500,000 as proposed by the 

Senate. Modified language is included to broaden the uses of 

these funds to include other Departmental information technology needs. 

In addition, the conference agreement includes $50,000,000 to 

provide down-payment assistance to low-income families to help 

them achieve homeownership as proposed by the Senate, instead of 

$85,000,000 as proposed by the House. 

HOMELESS ASSISTANCE GRANTS

(INCLUDING TRANSFER OF FUNDS)

Appropriates $1,250,515,000 for homeless assistance grants, in- stead of $1,206,000,000 as proposed by the House and 

$1,260,000,000 as proposed by the Senate. Language is included 

designating up to $11,500,000 for the national homeless data analysis project and for technical assistance as proposed by the House. 

The Senate had proposed $12,000,000 for these activities. Includes 

modified language proposed by the House transferring $2,500,000 

to the Working Capital Fund. Modified language is included to 

broaden the uses of these funds to include other Departmental information technology needs. The Senate had proposed $500,000 for 

this transfer. 

The conferees reiterate language proposed by the Senate directing HUD to provide flexibility in the types of activities that 

qualify in meeting the match requirement under the Supportive 

Housing Program. The conferees also reiterate the direction in the 

Senate report that HUD is to include 5–year projections for the 

cost of renewing the permanent housing component of the Supportive Housing Program and Shelter Plus Care grants in its fiscal 

year 2006 budget justification. 

HOUSING PROGRAMS

HOUSING FOR THE ELDERLY

(INCLUDING TRANSFER OF FUNDS)

Appropriates $747,000,000 for this account instead of 

$741,000,000 as proposed by the House and $773,800,000 as proposed by the Senate. 

The conference allocates funds as follows: 

—$650,550,000 for new capital and PRAC contracts; 

1535 

—$3,000,000 for one-year renewals of expiring PRAC 

payments; 

—$50,000,000 for service coordinators and the continuation of congregate services grants. The House had 

proposed $48,000,000 for service coordinators and congregate services and the Senate had proposed $53,000,000; 

—up to $25,000,000 for assisted living conversion 

grants and emergency capital repairs. The House proposed 

$20,000,000 for assisted living conversion grants and 

emergency repairs, and the Senate proposed $30,000,000 

for assisted living conversion grants, emergency capital repairs, and substantial rehabilitation; 

—$18,000,000 for competitive grants for planning, design and development activities for section 202 projects. 

The House had proposed $15,000,000 for these activities 

and the Senate had proposed $20,000,000. These funds are 

to be allocated for project planning, preliminary design, 

site control activities and other development costs, including gap financing if appropriate, directly related to section 

202 projects in order to facilitate timely completion of such 

projects. The conferees do not intend for these funds to be 

used for technical assistance but instead expect such funds 

to be used for start-up costs associated with such projects; 

and 

—$450,000 for transfer to the Working Capital Fund 

for information technology activities as proposed by the 

House instead of $75,000 as proposed by the Senate. Modified language is included to broaden the uses of these 

funds to include other Departmental information technology needs. 

Bill language is included to clarify language included in the fiscal year 2004 bill which provided for the transfer and merger of all 

unexpended balances previously appropriated for the section 202 

program into the new Housing for the Elderly account. 

The conferees reiterate language proposed by the Senate directing the Department to work with the Department of Health 

and Human Services’ Office of Aging to coordinate expertise and resources to strengthen naturally occurring retirement communities, 

known as ‘‘NORCs.’’ 

The conferees direct the Department to submit the report required in the statement of managers accompanying H.R. 2673 on 

the long-term conditions and needs of the section 202 and 236 stock 

by December 15, 2004. This report was due on August 15, 2004, 

but to date has not been submitted. The conferees are very concerned about the state of this housing stock and are disappointed 

that the Department has not only failed to prioritize those repair 

needs, but has also failed to meet the reporting requirement. 

HOUSING FOR PERSONS WITH DISABILITIES

(INCLUDING TRANSFER OF FUNDS)

The conference agreement recommends a total program level of 

$240,000,000 for the section 811 program instead of $238,000,000 

proposed by the House and $250,000,000 proposed by the Senate. 

1536 

Includes bill language proposed by the Senate to ensure that 

housing assistance made available under this account remain available to persons with disabilities upon turnover. 

The conference agreement allocates funds as follows: 

—$148,311,000 for new capital grants and PRAC; 

—$50,000,000 for one-year renewal costs of section 

811 rental assistance; 

—$2,349,000 for PRAC renewals; 

—$10,000,000 for incremental tenant-based assistance 

as proposed by the House. The Senate had provided up to 

25% of amounts provided, other than amounts for renewal 

of expiring project-based assistance, for tenant-based rental assistance; 

—$28,890,000 for amendments to tenant-based contracts entered into prior to fiscal year 2004, as proposed by 

the House; and 

—$450,000 for transfer to the Working Capital Fund 

as proposed by the House. The Senate had proposed 

$75,000 for transfer to the Working Capital Fund. Modified language is included to broaden the uses of these 

funds to include other Departmental information technology needs. 

Bill language proposed by the House is included to clarify authority provided in fiscal year 2004 transferring and merging all 

unexpended balances previously appropriated for the section 811 

program to this account. 

The conferees reiterate language included in the House report 

directing HUD to issue program guidance for the Section 811 mainstream program by March 15, 2005, including guidance on (1) targeting rental assistance eligibility criteria; (2) maintaining vouchers exclusively for eligible persons; and (3) retaining a meaningful 

role for non-profit disability organizations. The Senate report had 

also included language to ensure that all tenant-based assistance 

made available under this account is to remain available to persons 

with disabilities upon turnover. 

FLEXIBLE SUBSIDY FUND

(TRANSFER OF FUNDS)

Includes language permanently transferring excess rental 

charges to this fund as proposed by the Senate. The House included similar language. 

MANUFACTURED HOUSING FEES TRUST FUND

Appropriates up to $13,000,000 for authorized activities from 

fees collected in the Fund as proposed by the House and Senate. 

FEDERAL HOUSING ADMINISTRATION

MUTUAL MORTGAGE INSURANCE PROGRAM ACCOUNT

(INCLUDING TRANSFERS OF FUNDS)

Establishes an $185,000,000,000 limitation on commitments to 

guarantee single-family loans during fiscal year 2005 as proposed 

1537 

by the House and the Senate. Retains language applying this limitation to commitments to guarantee loans as proposed by the 

House. The Senate applied this limitation to loan guarantees. 

Establishes a $50,000,000 limitation on direct loans to nonprofits and governmental entities in connection with the sale of 

HUD-owned single-family properties as proposed by the House and 

the Senate. 

Appropriates $356,906,000 for administrative expenses, of 

which $352,906,000 is for transfer to the salaries and expenses account and not to exceed $4,000,000 is for transfer to the Office of 

Inspector General. The House proposed $356,882,000 including 

transfers of $352,906,000 and $3,976,000, and the Senate proposed 

$366,000,000 including transfers of $362,000,000 and $4,000,000. 

Appropriates $78,000,000 for administrative contract expenses, 

of which $15,000,000 is for information technology systems. The 

House proposed $78,000,000 including no less than $15,000,000 for 

information technology systems and the Senate proposed 

$70,002,000 including no less than $7,002,000 for such systems. 

Modified language is included to broaden the uses of these funds 

to include other departmental information technology needs. 

Language is also included allowing up to an additional $30,000,000 to be made available for such expenses in certain circumstances as proposed by both the House and Senate. 

GENERAL AND SPECIAL RISK PROGRAM ACCOUNT

(INCLUDING TRANSFERS OF FUNDS)

Establishes a $35,000,000,000 limitation on multifamily and 

specialized loan guarantees during fiscal year 2005 as proposed by 

the House and the Senate. 

Appropriates $10,000,000 for subsidy costs to support certain 

multifamily and special purpose loan guarantee programs as proposed by both the House and Senate. 

Appropriates $227,767,000 for administrative expenses, of 

which $207,767,000 is for transfer to the salaries and expenses account and not to exceed $20,000,000 is for transfer to the Office of 

Inspector General. The House proposed $227,649,000 including 

transfers of $207,767,000 and $19,882,000, and the Senate proposed $234,000,000 including transfers of $214,000,000 and 

$20,000,000. 

Appropriates $86,000,000 for administrative contract expenses, 

of which $9,600,000 is for information technology systems. The 

House proposed $86,000,000 including no less than $9,600,000 for 

information technology systems and the Senate proposed 

$81,600,000 including no less than $5,200,000 for such systems. 

Modified language is included to broaden the uses of these funds 

to include other departmental information technology needs. 

Language is also included allowing up to an additional 

$14,400,000 to be made available for such expenses in certain circumstances as proposed by both the House and Senate. 

Language is also included elsewhere in this title rescinding 

$30,000,000 from prior year unobligated balances of credit subsidy 

appropriations. Both the House and Senate proposed this rescission. 

1538 

GOVERNMENT NATIONAL MORTGAGE ASSOCIATION

GUARANTEES OF MORTGAGE-BACKED SECURITIES LOAN GUARANTEE

PROGRAM ACCOUNT

(INCLUDING TRANSFER OF FUNDS)

Appropriates $10,695,000 for administrative expenses to be 

transferred to the salaries and expenses account as proposed by the 

House instead of $10,986,000 as proposed by the Senate. 

POLICY DEVELOPMENT AND RESEARCH

RESEARCH AND TECHNOLOGY

Appropriates $45,500,000 for research and technology instead 

of $45,000,000 as proposed by the House and $46,700,000 as proposed by the Senate. 

The agreement includes $7,000,000 for the Partnership for Advancing Technology in Housing (PATH) initiative as proposed by 

the House, instead of $7,500,000 as proposed by the Senate. The 

conferees have included language which exempts $3,500,000 of the 

funds available in the PATH program from the competitive requirements included in the Administrative Provisions under this title. 

The Senate had proposed to exempt the entire PATH program from 

this requirement. The conferees expect HUD to undertake an evaluation of the PATH program, including an assessment of the benefits or drawbacks of competitive requirements in this program. 

The conferees reiterate the direction included in the Senate report denying demonstration authority without prior congressional 

approval. 

FAIR HOUSING AND EQUAL OPPORTUNITY

FAIR HOUSING ACTIVITIES

Appropriates $46,500,000 for this account instead of 

$46,000,000 as proposed by the House and $47,700,000 as proposed 

by the Senate. 

Of this amount, $26,500,000 is for the Fair Housing Assistance 

Program (FHAP) and $20,000,000 is for the Fair Housing Initiatives Program (FHIP). The House proposed $26,500,000 for FHAP 

and $19,500,000 for FHIP. The Senate proposed $27,000,000 for 

FHAP and $20,700,000 for FHIP. 

OFFICE OF LEAD HAZARD CONTROL

LEAD HAZARD REDUCTION

Appropriates $168,000,000 for the lead hazard reduction program instead of $167,000,000 as proposed by the House and 

$175,000,000 as proposed by the Senate. 

The conferees agree to allocate funds as follows: 

—$92,600,000 for the lead-based paint hazard control 

grant program to provide assistance to State and local governments and Native American tribes for lead-based paint 

abatement in private low-income housing; 

—$8,000,000 for Operation LEAP; 

1539 

—$9,500,000 for technical assistance and support to 

State and local agencies and private property owners; 

—$9,900,000 for the Healthy Homes Initiative for competitive grants for research, standards development, and 

education and outreach activities to address lead-based 

paint poisoning and other housing-related diseases and 

hazards; and 

—$47,000,000 for an initiative to target lead abatement funds to areas with the highest lead paint abatement 

needs. 

The agreement includes bill language proposed by the House 

delegating authority and responsibility for performing environmental reviews for lead programs to governmental entities familiar 

with local environmental conditions. 

The agreement includes modified language proposed by the 

Senate making available $47,000,000 on a competitive basis to 

those areas with the highest lead paint abatement needs. The conferees reiterate concerns noted by the Senate regarding the problem of lead risks in housing and direct the Department to carry out 

the lead demonstration program according to terms specified in the 

Senate report and in the same manner as fiscal year 2004. 

The conferees agree with Senate direction to the Department 

to continue mold and moisture initiatives within the Healthy 

Homes program and direct the Department to report to the Committees on Appropriations by March 1, 2005 on lessons learned and 

strategies for disseminating best practices on controlling and preventing household mold and moisture. The report should include a 

discussion of the unique needs in Native American housing. 

MANAGEMENT AND ADMINISTRATION

SALARIES AND EXPENSES

(INCLUDING TRANSFER OF FUNDS)

The conference agreement includes language requiring funds 

provided under this heading to be allocated in the manner specified 

in the joint explanatory statement of the managers accompanying 

this Act unless the Committees on Appropriations are notified and 

approve of any changes in the operating plan or through a reprogramming. The object classification distribution, which shall 

also serve as the basis for operating plan and reprogramming 

changes, is as follows: 

Personal Services ................................................................................... $912,409,000 

Travel and Transportation of Persons ................................................. 17,031,000 

Transportation of Things ...................................................................... 548,000 

Rent, Communications and Utilities .................................................... 131,791,000 

Printing and Reproduction .................................................................... 2,740,000 

Other Services ........................................................................................ 48,058,000 

Supplies and Materials ......................................................................... 4,687,000 

Furniture and Equipment ..................................................................... 2,511,000 

Indemnities ............................................................................................ 225,000 

The conference agreement does not include a specific allocation 

of funding and staffing among offices as was proposed in the House 

report. The conferees understand that adjustments to these allocations will be necessary to remain within the funds appropriated in 

1540 

the account and to reflect the latest Resource Allocation and Estimation Process (REAP) studies. The conferees direct the Department to include in its operating plan a proposal to distribute the 

funds and FTE among offices based on these adjustments. Until 

the operating plan is approved by the Committees, the Department 

is to manage its staffing ceilings in accordance with the Corrective 

Action Plan completed in September, 2004. 

Public and Indian Housing Division of Quality Assurance.— The conferees direct that the Department provide no less than 75 

FTE to the Section 8 Quality Assurance Division within the Office 

of Public and Indian Housing. 

Operating Plans/Reprogramming Requirements.—The conferees appreciate the need for management flexibility to allocate 

management and administrative resources or reorganize offices and 

programs to address changing requirements at the departments 

and agencies funded in the bill, including HUD. To provide such 

flexibility, while ensuring appropriate consultation and oversight, 

all Departments within the Subcommittee’s jurisdiction are required to submit operating plans and reprogramming letters and 

reorganization proposals for Committee approval. The conferees reiterate that HUD is directed to follow the Committees’ requirements regarding operating plans, reprogrammings and reorganizations as outlined in the House report. Unless otherwise specified in 

this Act or the accompanying report, the approved level for any 

program, project, or activity is that amount detailed for that program, project, or activity in the Department’s annual detailed 

budget justification document. These requirements apply to all 

funds provided to the Department. 

Includes language as proposed by the Senate placing a limitation on the number of GS–14 and GS–15 positions at the Department. The House did not propose similar language. 

In lieu of the direction included in the Senate report requiring 

the Department to submit quarterly travel reports, the conferees 

direct HUD to report on all travel by Senate-confirmed Presidential 

Appointees (PAS) and non-career senior executive service personnel 

located at HUD headquarters beginning from October 1, 2004 

through September 1, 2005, including all names, locations and 

costs. This report shall be submitted to the Senate and House Committees on Appropriations no later than September 15, 2005. 

The conferees appreciate the Department’s cooperation to make 

its fiscal year 2005 budget justification submission more useful and 

informative. The conferees reiterate the direction included in the 

House report regarding the fiscal year 2006 submission. Language 

is included again this year under Administrative Provisions requiring the fiscal year 2006 justification materials to be submitted in 

the traditional structure with sufficient detailed information to satisfy the Committees’ needs. 

WORKING CAPITAL FUND

Appropriates $270,000,000 for the Working Capital Fund instead of $234,000,000 as proposed by the Senate and $100,000,000 

as proposed by the House. 

In addition, the conference agreement includes $51,725,000 in 

transfers from the following accounts to the Working Capital Fund 

1541 

as proposed by the House instead of $23,762,000 as proposed by 

the Senate: 

FHA, Mutual mortgage insurance fund ............................................... $15,000,000 

FHA, General and special risk insurance fund ................................... 9,600,000 

Community development fund .............................................................. 3,465,000 

HOME investment partnerships program ........................................... 2,000,000 

Homeless assistance .............................................................................. 2,500,000 

Public housing capital fund .................................................................. 10,150,000 

Native American Indian block grants .................................................. $2,600,000 

Tenant-based rental assistance ............................................................ 2,904,000 

Project-based rental assistance ............................................................. 2,000,000 

Housing for the elderly .......................................................................... 450,000 

Housing for the disabled ....................................................................... 450,000 

Interagency Services .............................................................................. 306,000 

Office of Inspector General ................................................................... 300,000 

Modified language is included elsewhere in the Act to broaden 

the uses of these transferred funds to include departmental information technology needs as well as program specific needs. Language is also included, similar to language proposed by the Senate, 

to broaden the uses of previously appropriated program transfers 

to meet departmental information technology requirements. The 

House did not include similar language. Language is also included 

under the salaries and expenses account to allow the transfer of up 

to $20,000,000 to the Working Capital Fund. 

The conferees are concerned that delays in the successful 

award of a new contract for HUD’s department-wide information 

technology infrastructure has resulted in the Department significantly overspending for outdated technology in fiscal year 2004, 

has created a potentially significant funding shortfall for fiscal year 

2005, and has prohibited the Department from needed modernization to its infrastructure. The conference agreement includes additional funds above the levels proposed in the House and Senate 

and the budget request to cover a portion of the potential shortfall. 

The conferees expect the Department to use the funds provided to 

address its need for a modernized information technology infrastructure in a manner that is fiscally responsible and in the best 

interest of the Department, the Federal government and the taxpayer. The conferees expect the Department and the Office of Management and Budget to request sufficient funds in their fiscal year 

2006 budget request to meet their information technology requirements. 

The conferees reiterate the direction included in the House report on continued development and definition of a five-year information technology plan consistent with the format previously provided to the Department and direct such updated plan be submitted no later than February 1, 2005. 

OFFICE OF INSPECTOR GENERAL

(INCLUDING TRANSFER OF FUNDS)

Appropriates $104,000,000 for the Office of Inspector General 

instead of $100,858,000 as proposed by the House and 

$107,500,000 as proposed by the Senate. Of this amount, 

$24,000,000 is provided by transfer from the various funds of the 

Federal Housing Administration as proposed by the House and the 

Senate. 

1542 

OFFICE OF FEDERAL HOUSING ENTERPRISE OVERSIGHT

SALARIES AND EXPENSES

(INCLUDING TRANSFER OF FUNDS)

Appropriates $59,209,000 for the Office of Federal Housing Enterprise Oversight (OFHEO) to be derived from collections available in the Federal Housing Enterprise Oversight Fund as proposed by the House and the Senate. 

Language proposed by the Senate is included requiring not less 

than 80 percent of the total amount made available under this 

heading shall be used only for examination, supervision and capital 

oversight to ensure that the enterprises are operating in a financially sound manner and comply with statutory capital requirements. 

The conferees have not included a Senate provision that holds 

back $10,000,000 until the Director is replaced through Senate confirmation. This deletion is not a vote of support; instead, the conferees believe that hiring decisions at this level belong to the President. Nevertheless, the conferees urge the President to take swift 

action in replacing the Director and his Deputy, both in consideration of the very poor decision making of these individuals over the 

last few years as well the serious issues raised by the HUD IG’s 

Report of Investigation (Case# SID–04–0034–I). 

PUBLIC AND INDIAN HOUSING

HOUSING CERTIFICATE FUND

(RESCISSION)

Includes a rescission of $1,557,000,000 from unobligated balances and recaptures from prior-year appropriations provided 

under this account or any other account in this title to be effected 

no later than September 30, 2005 as proposed by the House and 

in the budget request. The Senate proposed a rescission of 

$2,588,172,000 to be effected no later than June 30, 2005. 

Includes language proposed by the House making any balances 

governed by statutory reallocation provisions available for this rescission. The Senate did not include similar language. 

Modified language is included, similar to language proposed by 

the House, to prohibit any recaptures from tenant-based and 

project-based rental assistance and any project-based rental assistance carryover from being used to augment calendar year 2005 

funding for Section 8 vouchers. The Senate proposed language to 

allow recaptures and carryover to be used to augment 2005 tenantbased rental assistance funding. 

Modified language is included, similar to language proposed in 

the House, allowing recaptures from amounts previously provided 

for project-based rental assistance to be used for amendments to 

project-based rental assistance contracts and for contract administrators. The Senate did not include similar language. 

The conferees direct that a portion of this rescission be met by 

reducing public housing agencies’ program reserves to no more 

than one week as assumed in the budget request. 

1543 

The conference agreement does not include language proposed 

by the Senate to require that, to the extent funds are not available 

from unobligated balances and recaptures in the Housing Certificate Fund, all other accounts, programs, projects and activities in 

this Act are to be reduced on a proportionate basis except the Department of Veterans Affairs Medical Services account. The conference agreement does not include language proposed by the Senate to require that the Government Accountability Office (GAO) to 

audit of the availability of funds for recapture. The House did not 

include similar language. 

DRUG ELIMINATION GRANTS FOR LOW-INCOME HOUSING

(RESCISSION)

Includes a rescission of $5,000,000 from prior year unobligated 

balances remaining in this account as proposed by both the House 

and Senate. 

NATIVE AMERICAN HOUSING BLOCK GRANTS

(RESCISSION)

Includes a rescission of $21,000,000 from prior year balances 

of credit subsidy appropriations for the title VI loan guarantee program as proposed by both the House and Senate. 

INDIAN HOUSING LOAN GUARANTEE PROGRAM ACCOUNT

(RESCISSION)

Includes a rescission of $33,000,000 from prior year balances 

of credit subsidy appropriations for the section 184 loan guarantee 

program as proposed by both the House and Senate. 

HOUSING PROGRAMS

RENTAL HOUSING ASSISTANCE

(RESCISSION)

Includes a rescission of up to $675,000,000 from unobligated 

balances previously provided to fund amendment requirements for 

current State-aided, non-insured rental housing contracts as proposed by the House and Senate and included in the budget request. 

FEDERAL HOUSING ADMINISTRATION

GENERAL AND SPECIAL RISK PROGRAM ACCOUNT

(RESCISSION)

Includes a rescission of $30,000,000 from unobligated balances 

of prior year credit subsidy appropriations for the FHA multifamily 

and specialized programs as proposed by the House and Senate. 

ADMINISTRATIVE PROVISIONS

Includes modified language regarding the distribution of certain HOPWA funds, similar to language proposed by the House and 

the Senate. 

1544 

Includes language requiring all funds to be awarded competitively except as explicitly provided for otherwise in statute as proposed by the House. The Senate proposed similar language. 

Includes language proposed by the House to require the Secretary to continue to provide project-based rental assistance for 

units in properties that are managed, owned, or disposed of by the 

Department if such properties are primarily occupied by elderly or 

disabled families, or contract for new project-based rental assistance with other owners if such properties are not preserved. The 

Senate proposed language to expand this to require that projectbased rental assistance be continued for units in all properties or 

contract for new project-based rental assistance with other owners 

if such properties are not preserved. 

Includes language as proposed by the Senate to permanently 

allow the Secretary to maintain and dispose of certain elderly and 

disabled projects upon foreclosure. The House included similar language. 

Includes language proposed by the House setting forth requirements regarding the fiscal year 2006 budget justification submission to the Committees on Appropriations. The Senate did not include similar language. 

Includes language proposed by the House requiring that, to the 

extent practicable, incremental section 8 vouchers previously provided for non-elderly disabled families should continue to be provided to other non-elderly disabled families upon turnover. The 

Senate included similar language elsewhere in this title. 

Includes language as proposed by the House clarifying an equitable title issue in the section 202 program. The Senate did not include similar language. 

Includes language proposed by the Senate requiring the Secretary to submit an annual report to the Committees on Appropriations regarding the number of Federally-assisted units under lease 

and the per unit costs to the Federal government of such units. The 

House did not include similar language. 

Does not include language proposed by the Senate to expand 

the FHA hospital insurance program to include the purchase of existing facilities. The House did not include similar language. The 

Government Accountability Office (GAO) is directed to conduct a 

review of the HUD FHA Hospital and Nursing Home Mortgage Insurance programs by August 15, 2005. The review is to be designed 

to assess the financial risk of the program to the insurance fund 

as well as to review the management and design of the program, 

including the nature of the relationship between HUD and HHS in 

approving insurance for hospital mortgages. 

Does not include language proposed by the Senate to amend 

section 683(2) of the Housing and Community Development Act of 

1972 to authorize service coordinators in section 811 projects. The 

House did not include similar language. 

Includes language proposed by the Senate to amend the National Housing Act to make certain changes related to submission 

of mortgagors financial statements and the criteria and penalties 

for violations of certain requirements. The House did not include 

similar language. 

1545 

Includes language proposed by the Senate to amend the Housing and Community Development Act of 1987 to expand the applicability of certain damages and remedies to include FHA-insured 

health care facilities. The House did not include similar language. 

Includes language as proposed by the Senate to amend the National Housing Act to make certain changes to the Asset Control 

Area program. The House did not include similar language. 

Includes language proposed by the Senate to amend the National Housing Act to make a technical correction to premium requirements for rehabilitation loans. The House did not include 

similar language. 

Includes language proposed by the Senate to limit repayment 

of certain upfront premiums. The House did not include similar 

language. 

Does not include language under Administrative Provisions as 

proposed by the Senate related to allocation of funds under the 

Partnership for Advancing Technology in Housing (PATH) but instead has addressed this matter under the Policy Development and 

Research account elsewhere in this title. The House did not include 

similar language. 

Does not include language under Administrative Provisions as 

proposed by the Senate making technical corrections regarding the 

transfer of funds from the old Housing for Special Populations account, but instead has addressed this matter within the Housing 

for the Elderly and Housing for Persons with Disabilities accounts 

as proposed by the House. 

Does not include bill language proposed by the Senate to limit 

the expenditure of housing funds on partisan election activities. 

The House did not include similar language. The conferees agree 

that no funds provided to the Department can be used by public 

housing authorities for partisan political activities. 

Includes modified language, similar to language proposed by 

the Senate, regarding the treatment of athletic scholarships for 

purposes of determining eligibility for college students to receive 

subsidized rental assistance. The House did not include similar language. 

Includes language as proposed by the Senate regarding the allocation of Native American Housing Block Grant funding among 

Native Alaskan recipients. The House did not include similar language. 

Does not include language proposed by the Senate to allow 

public housing authorities to convert up to 50 percent of their section 8 voucher funding to project-based assistance. The House did 

not include similar language. 

Does not include language proposed by the Senate to authorize 

the Secretary to transfer project-based assistance, debt, and income 

restrictions, notwithstanding current statutory prohibitions on such 

transfers. The House did not include similar language. 

1546 

TITLE III—INDEPENDENT AGENCIES 

AMERICAN BATTLE MONUMENTS COMMISSION

SALARIES AND EXPENSES

Appropriates $41,100,000 for salaries and expenses as proposed by the House instead of $46,100,000 as proposed by the Senate. 

In addition, the conference agreement includes a separate appropriation of $12,000,000 for the Commission’s foreign currency 

fluctuations account to address declines in exchange rates instead 

of $9,000,000 as proposed by the House. The Senate proposed to 

address these changes within the salaries and expenses account. 

The conferees concur with the concerns expressed in the Senate report regarding the failure of the Office of Management and 

Budget (OMB) to address adequately foreign currency rate fluctuations for the Commission in its original budget submission or 

through a budget amendment. The conferees are concerned that 

the current OMB methodology for addressing fluctuations does not 

adequately address the impact of the volatility of such changes to 

smaller agencies such as the Commission. Therefore the conferees 

request that the Government Accountability Office review the past 

and current methodology used by OMB and the Commission and 

recommend changes if warranted to improve such estimates. 

While the conference agreement has not included bill language 

proposed by the Senate, the conference agreement includes 

$9,100,000 for the Normandy Interpretive Center. The conferees 

understand that exchange rate fluctuations may impact construction costs for the Center and expect the Commission’s fiscal year 

2006 budget request to include the necessary funds to accommodate such changes. 

Language is included as proposed by the House allowing not 

to exceed $7,500 for official reception and representation expenses. 

The Senate did not include similar language. 

The conferees reiterate the direction in the House report regarding an annual report on the financial position of the World 

War II Memorial Fund. 

FOREIGN CURRENCY FLUCTUATIONS ACCOUNT

Appropriates $12,000,000 to re-capitalize the Commission’s foreign currency fluctuations account, instead of $9,000,000 as proposed by the House. The Senate addressed this matter under the 

salaries and expenses account. The conference agreement reflects 

the latest estimate necessary to maintain Commission operations 

and activities based on current exchange rates. 

CHEMICAL SAFETY AND HAZARD INVESTIGATION BOARD

SALARIES AND EXPENSES

Appropriates $9,100,000 instead of $9,451,000 as proposed by 

the House and $9,000,000 as proposed by the Senate. The amount 

proposed by the Senate had included $400,000 for emergency 

funds. The conference agreement provides emergency funds as a 

1547 

separate account as proposed by the House, which is consistent 

with the fiscal year 2004 bill. 

EMERGENCY FUND

Provides $400,000 for an Emergency Fund as proposed by the House. The Senate had proposed a set-aside of $400,000 as emergency funds in the salaries and expenses account. 

DEPARTMENT OF THE TREASURY

COMMUNITY DEVELOPMENT FINANCIAL INSTITUTIONS

COMMUNITY DEVELOPMENT FINANCIAL INSTITUTIONS FUND PROGRAM

ACCOUNT

Appropriates $55,522,000 for the community development fi- nancial institutions fund program account, instead of $55,000,000 

as proposed by the Senate and $60,640,000 as proposed by the 

House. 

Includes $4,000,000 for technical assistance designed to benefit 

Native American communities as proposed by both the House and 

Senate. 

Provides that up to $14,900,000 to be used for administrative expenses as proposed by the Senate instead of $15,321,000 as proposed by the House. Provides for a cost limitation on direct loans of $6,000,000 with 

$250,000 for administrative expenses as proposed by both the 

House and Senate. 

Provides for a limitation on the amount of direct loans of 

$11,000,000 as proposed by both the House and Senate. 

The conferees are in agreement that the Bank Enterprise Award program should be continued at not less than $10,000,000 

in fiscal year 2005. 

CONSUMER PRODUCT SAFETY COMMISSION

SALARIES AND EXPENSES

Appropriates $62,650,000 as proposed by the House and the 

Senate. The conferees urge the CPSC to expand its relationship 

with the Home Safety Council and its Great Safety Adventure Program. 

CORPORATION FOR NATIONAL AND COMMUNITY SERVICE

The conference agreement appropriates $577,884,000 for the 

Corporation for National and Community Service. The House had 

proposed $572,000,000 and the Senate had proposed $590,061,000. 

NATIONAL AND COMMUNITY SERVICE PROGRAMS OPERATING EXPENSES

(INCLUDING TRANSFER OF FUNDS)

The agreement provides $545,884,000 for the Corporation for 

National and Community Service operating expenses, including the 

Trust. The House proposed $541,000,000 for operating expenses 

and the Senate proposed $558,311,000. The agreement provides 

$290,000,000 for AmeriCorps State and National grants (authorVerDate Aug 04 2004 07:33 Dec 01, 2004 Jkt 096906 PO 00000 Frm 01551 Fmt 6601 Sfmt 6601 E:\HR\OC\HR792.XXX HR792
1548 

ized under subtitle C) and education awards only grants (authorized under subtitle H), plus an additional $144,000,000 for the 

Trust, as proposed by the House. The Senate had proposed 

$291,933,000 for AmeriCorps grants and $150,500,000 for the 

Trust. Within amounts provided for the Trust, $3,900,000 is for 

President’s Freedom Scholarships and $13,000,000 is to be held in 

reserve. Within the amount provided for AmeriCorps State and National grants, the conferees have provided up to $55,000,000 for national direct grants, as proposed by the Senate. The total funding 

level for AmeriCorps grants and the Trust will support 70,000 new 

volunteers. 

The agreement includes language proposed by the Senate 

which prohibits funds provided for quality and innovation activities 

to be used for salaries and related expenses attributable to Corporation employees. The conferees include bill language proposed 

by the House allowing up to one percent of grant funds to be used 

to defray the cost of conducting grant reviews. The conferees direct 

the Corporation to provide an estimate of the funds that would be 

used for this purpose in its fiscal year 2005 operating plan. The 

agreement also includes language proposed by the Senate regarding matching funds and in-kind contributions. 

The conference agreement includes the following program levels: 

House Senate Conference 

Learn and Serve .......................................................................................... $40,000,000 $43,000,000 $43,000,000 

National Civilian Community Corps ........................................................... 25,500,000 26,000,000 25,500,000 

Innovation and Demonstration ................................................................... 12,000,000 16,328,000 13,334,000

Evaluation ................................................................................................... 3,000,000 3,550,000 3,550,000 

State Commissions ..................................................................................... 12,000,000 12,000,000 12,000,000 

Points of Light Foundation ......................................................................... 9,700,000 10,000,000 10,000,000 

America’s Promise ...................................................................................... 4,800,000 5,000,000 4,500,000 

The conferees direct that the increase provided for National Civilian Community Corps (NCCC) be used to address its most critical capital improvement needs at NCCC facilities. 

The agreement reiterates the direction by the Senate that the 

Corporation report to the Committees on the impact of the twoterm limitation on service. This report is to be submitted to the 

Committees no later than February 4, 2005. 

The conferees provide $13,334,000 for subtitle H grants, innovation, demonstration and assistance activities, with the funding 

distribution as follows: $4,000,000 for challenge grants; $1,500,000 

for next generation grants; $600,000 for MLK day grants; $725,000 

for the Service Learning Clearinghouse and Exchange; $2,000,000 

for TA; and $4,509,000 for disability programs. The House proposed 

$12,000,000 for subtitle H activities and the Senate proposed 

$16,328,000. 

The agreement modifies language proposed by the Senate directing the Corporation to comply with challenge grant requirements in the FY 2003 conference report by directing the Corporation also to allow past grant recipients to compete for challenge 

grants in FY 2005. 

The conference agreement provides $3,550,000 for audits and 

evaluations, as proposed by the Senate. The House had proposed 

1549 

$3,000,000 for these activities. Audit and evaluation funds are to 

be distributed as follows (identical to the distribution proposed by 

the Senate): $1,200,000 for performance measures; $1,000,000 for 

a longitudinal study of volunteers; $100,000 for national partners; 

$150,000 for data archives; $150,000 for indicator archives; 

$450,000 for a capacity study; and $500,000 to continue a National 

Academy of Public Administration study on the Corporation’s leadership, operations and management. 

The conferees have included bill language, identical to language that has been included in previous conference reports and 

proposed by the Senate, regarding Federal costs per participant 

and certain requirements for funds provided under subtitle C. 

The agreement includes Senate language directing the Corporation to list in its budget justification recipients that have received more than $500,000 and the amount and source of other 

Federal and non-federal funds received by each recipient. 

SALARIES AND EXPENSES

Appropriates $26,000,000 for salaries and expenses associated 

with the administrative activities of the Corporation. The House 

had proposed $25,000,000 for this account, and the Senate had proposed $25,500,000. The funding increase provided in this account 

is to be directed to ongoing personnel compensation and benefits 

needs and should not augment the current level of marketing and 

outreach activities. 

OFFICE OF INSPECTOR GENERAL

Appropriates $6,000,000 for Office of Inspector General, as proposed by the House instead of $6,250,000 as proposed by the Senate. The conferees direct the Inspector General to continue to review the Corporation’s management of the National Service Trust. 

ADMINISTRATIVE PROVISIONS

The conference agreement continues a number of administrative provisions carried in the fiscal year 2004 appropriations Act 

and proposed by both the House and the Senate, including: (1) language regarding qualified student loans eligible for education 

awards; (2) language regarding the availability of funds for the 

placement of volunteers with disabilities; and (3) language directing the Inspector General to levy sanctions in accordance with 

standard Inspector General audit resolution procedures, which include, but are not limited to, debarment of any grantee found to be 

in violation of AmeriCorps’ program requirements, including using 

grant or program funds to lobby the Congress. In addition, the conference agreement continues an administrative provision proposed 

by the Senate and carried in the fiscal year 2004 appropriations 

Act, which requires the Corporation to ensure that significant 

changes to program requirements or policy are made only through 

public notice and comment rulemaking. The agreement also includes a provision carried in the fiscal year 2004 appropriations Act 

and proposed by the Senate prohibiting an officer or employee of 

the Corporation from disclosing any grant selection information to 

any person not authorized to receive such information. 

1550 

U.S. COURT OF APPEALS FOR VETERANS CLAIMS

SALARIES AND EXPENSES

Appropriates $17,250,000 for salaries and expenses instead of 

$17,623,000 as proposed by the Senate and $16,725,000 as proposed by the House. Both the House and the Senate provided 

$1,100,000 for the pro bono program. 

The conferees are in agreement that the Court shall work with 

the General Services Administration (GSA) on a feasibility study to 

evaluate the Court’s space needs and the options to meet those 

needs. The results of this feasibility study shall be provided to the 

Committees on Appropriations of the House and Senate. The Court 

is authorized only to enter into agreement with GSA for a feasibility study and is specifically prohibited from undertaking a Program Development Study or any other action beyond the feasibility 

study at this time. The Committees on Appropriations will address 

the need for follow-on studies and possible construction milestones 

in future legislation and reports. 

DEPARTMENT OF DEFENSE—CIVIL

CEMETERIAL EXPENSES, ARMY

SALARIES AND EXPENSES

Appropriates $29,600,000 for salaries and expenses as proposed by the House and Senate. The conferees reiterate the direction included in the House report regarding the Cemetery’s automation project with the report due no later than December 15, 

2004, and request that such plan be updated in the fiscal year 2006 

budget submission. 

DEPARTMENT OF HEALTH AND HUMAN SERVICES

NATIONAL INSTITUTES OF HEALTH

NATIONAL INSTITUTE OF ENVIRONMENTAL HEALTH SCIENCES

Appropriates $80,486,000 as proposed by the House and the 

Senate. 

AGENCY FOR TOXIC SUBSTANCES AND DISEASE REGISTRY

TOXIC SUBSTANCES AND ENVIRONMENTAL PUBLIC HEALTH

Appropriates $76,654,000 for toxic substances and environmental public health as proposed by both the House and Senate. 

ENVIRONMENTAL PROTECTION AGENCY

The conference agreement includes $8,088,189,000 for programs administered by the Environmental Protection Agency. This 

is an increase of $335,120,000 above the amount provided in the 

House bill and $412,219,000 below the level in the Senate bill. 

The conferees direct EPA to round all programs to the nearest 

thousand dollar in the budget submission for fiscal year 2006. 

1551 

SCIENCE AND TECHNOLOGY

(INCLUDING TRANSFER OF FUNDS)

Appropriates $750,061,000 for science and technology instead of $729,029,000 as proposed by the House and $758,179,000 as proposed by the Senate. Additional resources of $36,097,000 are transferred to this account from the Hazardous Substance Superfund for 

a total resource level of $786,158,000 for Science and Technology. 

The conferees have agreed to specific Agency program levels as 

follows: 

House Senate Conference 

Arsenic Removal Research ......................................................................... $4,274,000 $10,000,000 $8,274,000 

Building Decon. Research ........................................................................... 4,000,000 0 0 

Clean Air Allowance Trading Prog. ............................................................. 4,750,000 9,000,000 9,000,000 

Fed. Vehicle and Fuels Standards .............................................................. 58,000,000 63,000,000 58,000,000 

Indoor Air: Radon Program ......................................................................... 399,000 0 399,000 

Indoor Air: Schools and Workplace ............................................................. 906,000 0 850,000 

Pesticides: Registration of New Pest. ........................................................ 2,403,000 2,265,000 2,403,000 

Pesticides: Review/Reregistration ............................................................... 2,417,000 2,370,000 2,417,000 

Research: Air Toxics .................................................................................... 17,639,000 17,000,000 17,000,000 

Research: Computational Toxicology .......................................................... 13,029,000 11,805,000 11,805,000 

Research: Drinking Water ........................................................................... 44,500,000 46,118,000 44,500,000 

Research: Endocrine Disruptor ................................................................... 10,887,000 10,000,000 10,000,000 

Research: Global Change ........................................................................... 20,690,000 20,000,000 20,000,000 

Research: Human Health and Eco. ............................................................ 177,408,000 170,000,000 177,408,000 

Research: Land Protection and Restoration ............................................... 8,842,000 9,000,000 9,000,000 

Research: Particulate Matter ...................................................................... 59,000,000 62,000,000 61,000,000 

Research: Troposphere Ozone ..................................................................... 4,901,000 4,000,000 4,000,000 

Research: Water Quality ............................................................................. 45,000,000 46,810,000 45,000,000 

The conferees have agreed to the following increases above the 

budget request: 1. $2,450,000 for EPSCoR; 

2. $3,900,000 for the Water Environmental Research Foundation; 3. $4,900,000 for the American Water Works Association 

Research Foundation; 4. $1,950,000 for the National Decentralized Water Resource Capacity Development Project, in coordination with 

EPA, for continued training and research and development 

program; 5. $1,000,000 to the Florida Department of Citrus to provide for the manufacture of an adequate amount of abscission 

chemical compound for testing and to provide for any comprehensive environmental and toxicological studies and other 

relevant research required by the Federal Government in order 

to register this product for use as an abscission chemical agent 

for citrus; 6. $1,500,000 for the Mickey Leland National Urban Air 

Toxics Research Center in Houston, Texas; 7. $1,500,000 for the clean automotive technology program 

for advanced diesel, hybrid, and high efficiency, low emission 

vehicle development; 8. $500,000 for the Consortium for Plant Biotechnology Research; 9. $500,000 for the New England Green Chemistry Consortium; 

1552 

10. $200,000 to the Arkansas State University in 

Jonesboro, Arkansas for the Delta Center for water quality; 

11. $150,000 to the University of Arkansas for environmental resource management to develop watershed technologies and management tools; 

12. $350,000 to the University of California Riverside for 

the Center for Environmental Research and Technology in Riverside, California. 

13. $200,000 to Florida International University for Research activities in the greater Everglades in Miami, Florida; 

14. $250,000 for the Florida Gulf Coast University for the 

Novel Early Detection and Detoxification Technologies for 

Toxic Red Tide in Fort Myers, Florida; 

15. $200,000 for New College, Florida for ecotoxicology 

training; 

16. $750,000 for the University of South Florida Study, 

Protection and Amelioration of Coastal Environments; 

17. $200,000 for the management of waste from navigating 

vessels in U.S. tidal waters; 

18. $250,000 for the Iowa Foundation for Education Administration for the Bus Emissions Education Program; 

19. $100,000 to the Metropolitan Mayors Caucus for the 

Clean Air Counts Campaign in Chicago land Metropolitan 

Area, Illinois; 

20. $1,000,000 for the Karmanos Cancer Institute to create 

a National Center for Vermiculite-Related Cancers in the Detroit metropolitan area; 

21. $400,000 to the Lawerence Technology University for 

sustainable alternative energy technologies Green Building in 

Southfield, Michigan; 

22. $750,000 to the National Center for Manufacturing 

Sciences for Life Cycle Analysis in Ann Arbor, Michigan; 

23. $1,250,000 to the National Center for Manufacturing 

Sciences for the sustainable produce initiative in Ann Arbor, 

Michigan; 

24. $200,000 to Green Hills Regional Planning in Princeton, Missouri for the Biomass Processing System; 

25. $150,000 for the University of Nebraska for the Nebraska Water Resources Model in Lincoln, Nebraska; 

26. $250,000 to Ramapo College in Mahwah, New Jersey 

for a new Sustainability Education Center; 

27. $150,000 to the State University of New York at 

Brockport for the Center of Excellence for Great Lakes Research; 

28. $450,000 to the State University of New York Environmental School of Forestry for research and demonstration of 

contaminant mitigation strategies for rural/suburban run-off 

affecting water quality along the rural-urban interface in Central New York watersheds; 

29. $500,000 to the Center for Environmental Information 

in Rochester, New York for continued research, planning and 

environmental remediation for the Lake Ontario Coastal Initiative; 

1553 

30. $7,000,000 for the Environmental Systems Center of 

Excellence at Syracuse University for research and technology 

transfer in the fields of indoor environmental quality and 

urban ecosystems sustainability; 

31. $750,000 to the Syracuse Research Corporation in Syracuse, New York for a Microbial Risk Assessment Center; 

32. $1,500,000 to Onondaga County’s Metropolitan Water 

Board for a demonstration project to determine the feasibility 

of bringing naturally chilled water from Lake Ontario to Onondaga and Oswego County; 

33. $300,000 to the State University of New York Environmental School of Forestry for training, education and research 

related to the Summer Eco-Science Camp Initiative; 

34. $500,000 to Alfred University, New York for the Center 

for Environmental and Energy Research; 

35. $575,000 to Orbital Research Inc., Fuel Efficient Diesel 

Sensor for Advanced Vehicle Emission Reduction (FEDSAVER), for research that may reduce fuel consumption and 

will help diesel engines meet EPA standards, Ohio; 

36. $600,000 to the Ohio Air Quality Development Authority/Ohio Coal Development Office for research and development 

of the Jupiter Oxy-Fuel Technology, Ohio; 

37. $650,000 to the University of Toledo for the Lake Erie 

Center in Toledo, Ohio; 

38. $250,000 to the University of Tulsa, University of 

Oklahoma, University of Arkansas, and Oklahoma State University for the Integrated Petroleum Environmental Consortium; 

39. $100,000 for the Oregon Department of Human Services for the View Master Water Contamination Study in Washington County, Oregon; 

40. $225,000 for California University of Pennsylvania for 

the Monongahela Valley River Research Project in California, 

Pennsylvania; 

41. $200,000 to the Middle Tennessee State University for 

research in Development and Transmission of Emerging Diseases; 

42. $500,000 for the University of Houston, Texas for the 

GulfStar Grid Program in Houston, Texas; 

43. $1,700,000 for the Canaan Valley Institute to continue 

to develop a regional sustainability support center and coordinated information system in the Mid-Atlantic Highlands; 

44. $1,000,000 for the Canaan Valley Institute in close coordination with the ORD Restoration Plus program to demonstrate, validate and report on critical ecological hubs and 

corridors within the Mid-Atlantic Highlands and approaches to 

Highlands ecological prioritization, restoration and conservation Research and educational tools are to be developed using 

integrative technologies to predict future environmental risks 

and support informed, proactive decision-making to be undertaken in conjunction with the Highlands Action Program; 

45. $650,000 to the Polymer Alliance Zone’s MARCEE Initiative with oversight provided by the Office of Solid Waste; 

1554 

46. $250,000 for Carnegie Mellon University’s Sustainable 

Oxidation Chemistry Clean Water Project; 

47. $500,000 for Utah State University to continue monitoring and assessment activities related to freshwater ecosystems; 

48. $2,100,000 for the Mine Waste Technology program at 

the National Environmental Waste Technology, Testing, and 

Evaluation Center; 

49. $400,000 to enhance and improve EPA’s Tribal Portal 

program, and to implement this program on a nationwide 

basis; 

50. $750,000 for the Environmental Lung Disease Center 

at the National Jewish Medical Center; 

51. $500,000 for the University of Maine-Orono to develop 

Source Water Warning and Analysis Technology; 

52. $1,500,000 for Boise State University to continue research on multi-purpose sensors to detect and analyze contaminants and time-lapse imaging of shallow subsurface fluid flow; 

53. $500,000 for the North Carolina State University 

Turfgrass Research Center; 

54. $2,000,000 for the National Environmental Respiratory 

Center at the Lovelace Respiratory Research Institute in New 

Mexico; 

55. $1,000,000 for the Desert Research Institute for western Nevada regionally-based clean water activities; 

56. $1,000,000 for the University of Tennessee at Knoxville 

Natural Resources Policy Center; 

57. $1,000,000 for the University of Louisville/Illinois 

Waste Management and Research Center; 

58. $750,000 for the Integrated Petroleum Environmental 

Consortium [IPEC]; 

59. $1,000,000 for the water and wastewater training program at the Alabama Department of Environmental Management; 

60. $1,000,000 for the Center for Estuarine Research at 

the University of South Alabama; 

61. $425,000 for the Connecticut River Airshed-Watershed 

Consortium; 

62. $425,000 for the Center for the Study of Metals in the 

Environment; 

63. $900,000 for the Center for Air Toxic Metals at the Energy and Environmental Research Center; 

64. $700,000 for Clean Air Counts of Northeastern Illinois 

to develop an innovative and cost effective method to reduce 

smog-causing emissions in the Chicago metropolitan region— 

the funding will provide support for an ongoing partnership involving EPA, the Metropolitan Mayors Caucus, Illinois EPA, 

and the Delta Institute; 

65. $200,000 for acid rain research at the University of 

Vermont; 

66. $200,000 for the University of Vermont’s Proctor Maple 

Research Center to continue mercury deposition monitoring effects; 

1555 

67. $500,000 for the University of Vermont’s Aiken Center 

Greening Initiative; 68. $700,000 for Families in Search of the Truth to investigate the incidence of cancer in Fallon, Nevada; 69. $500,000 for the demonstration of an integrated approach to perchlorate remediation and treatment in the City of 

Rialto, California; 70. $200,000 for the Central California Ozone Study; 

71. $700,000 for Southeastern Louisiana University for the 

Turtle Cove research station; 72. $200,000 for the State of New Jersey’s Smart Growth 

Initiative; 73. $200,000 for ecology research at Fordham University; 

74. $200,000 for expansion of the Roots and Shoots program headquartered at Western Connecticut State University; 75. $200,000 for water resource modeling at the University 

of Nebraska-Lincoln; 76. $1,500,000 for the Healy Zero Air Emission Technology; 77. $1,000,000 for the Donald Danforth Plant Science Center in St. Louis, Missouri for a Parasitic Nematodes Controls 

research project designed to reduce pesticide use; and 

78. $1,000,000 to the Missouri Pork Producers Federation 

for development of technology and creation of Innoventor process to decrease environmental impacts of animal waste by conversion into energy sources. 

The conferees have included bill language to authorize 

$1,000,000 to be transferred from EPA to the Council on Environmental Quality for an environmental study. 

The conferees direct EPA to fund the fellowship programs including the STAR fellowships at as close as possible to the fiscal 

year 2004 level. 

The conferees direct EPA to continue its technology transfer 

activities initially funded in fiscal year 2000 at not less than the 

current level of support and that those activities be carried out 

through the West Virginia High Technology Consortium Foundation. 

The conferees agree that funding provided under this heading 

in H. Report 108–401 for project #57 should be redirected to the 

Montana Physical Sciences Foundation to research pilot scale enzyme catalyzed processes. 

There is no general reduction to this account. 

ENVIRONMENTAL PROGRAMS AND MANAGEMENT

Appropriates $2,313,409,000 for environmental programs and 

management instead of $2,241,476,000 as proposed by the House 

and $2,310,263,000 as proposed by the Senate. 

The conference agreement does not include the language proposed by the House to make funds available for Public Law 108– 

199 to carry out paragraph (c)(12) of section 118 of the Federal 

Water Pollution Control Act, to remain available until September 

30, 2007. 

The conferees have agreed to specific Agency program levels as 

follows: 

1556 

House Senate Conference 

Alternative Dispute Resolution ................................................................... $1,015,000 $937,000 $937,000 

Brownfields ................................................................................................. 23,000,000 25,000,000 25,000,000 

Climate Protection Program ........................................................................ 91,961,000 90,849,000 90,849,000 

Commission for Environmental Coop ......................................................... 3,949,000 3,881,000 3,881,000 

Compliance Assistance and Centers .......................................................... 27,759,000 37,000,000 27,759,000 

Compliance Incentives ................................................................................ 9,195,000 9,035,000 9,035,000 

Congressional, Intergovernmental .............................................................. 48,366,000 46,415,000 46,415,000 

Criminal Enforcement ................................................................................. 31,370,000 54,450,000 39,370,000 

Drinking Water Programs ............................................................................ 94,000,000 95,000,000 94,000,000 

Enforcement Training .................................................................................. 3,302,000 6,000,000 3,302,000 

Environment and Trade .............................................................................. 1,723,000 1,616,000 1,616,000 

Environmental Education ............................................................................ 9,200,000 5,000,000 9,000,000 

Environmental Justice ................................................................................. 5,900,000 4,231,000 5,900,000 

Exchange Network ....................................................................................... 22,000,000 23,000,000 22,000,000 

Facilities Infrastructure and Ops. .............................................................. 308,000,000 309,000,000 317,955,000 

Fed. Support for Air Quality Manage. ......................................................... 87,000,000 90,000,000 87,000,000 

Federal Stationary Source Regs. ................................................................. 24,302,000 21,944,000 21,944,000 

Financial Assistance Grants/IAG ................................................................ 20,000,000 20,329,000 20,000,000

Geographic Program: Chesapeake B. ......................................................... 20,817,000 22,817,000 22,817,000 

Geographic Program: Great Lakes .............................................................. 19,000,000 19,500,000 21,195,000 

Geographic Program: Long Island S. .......................................................... 2,300,000 2,300,000 2,300,000 

Geographic Program: Other ........................................................................ 6,790,000 6,069,000 6,790,000 

Great Lakes Legacy Act .............................................................................. 10,000,000 25,000,000 22,500,000 

Human Resources Management ................................................................. 40,000,000 39,109,000 39,109,000 

Indoor Air: Asthma Program ....................................................................... 11,197,000 9,999,000 11,197,000 

Indoor Air: Environment Tobacco ................................................................ 3,695,000 3,030,000 3,030,000 

Indoor Air: Radon Program ......................................................................... 5,667,000 5,073,000 5,073,000

Indoor Air: Schools and Workplace ............................................................. 10,352,000 9,425,000 9,425,000 

International Capacity Building .................................................................. 6,854,000 5,500,000 5,500,000 

IT/Data Management .................................................................................. 103,000,000 105,000,000 105,000,000 

Legal Advice: Environmental Program ........................................................ 34,679,000 34,404,000 34,404,000 

Legal Advice: Support Program .................................................................. 12,522,000 12,370,000 12,370,000

Marine Pollution .......................................................................................... 12,296,000 11,779,000 11,779,000 

National Estuary Program/Coastal ............................................................. 25,000,000 20,000,000 25,000,000 

NEPA Implementation ................................................................................. 12,654,000 12,136,000 12,136,000 

Pesticides: Field Programs ......................................................................... 27,186,000 25,217,000 25,217,000 

Pesticides: Registration for New Pesticides ............................................... 42,907,000 40,773,000 40,773,000 

Pesticides: Review/Reregistration ............................................................... 52,000,000 51,714,000 51,714,000 

Pollution Prevention Program ..................................................................... 17,000,000 16,822,000 16,822,000 

POPS Implementation ................................................................................. 2,235,000 2,147,000 2,235,000 

Radiation: Protection .................................................................................. 11,812,000 11,285,000 11,812,000 

Radiation: Response Preparedness ............................................................ 2,611,000 2,188,000 2,611,000 

RCRA: Corrective Action .............................................................................. 40,976,000 40,000,000 39,100,000 

RCRA: Waste Management ......................................................................... 67,422,000 67,000,000 67,000,000

RCRA: Waste Minimization and Rec. .......................................................... 11,000,000 12,000,000 11,000,000 

Regional Geographic Initiatives .................................................................. 8,800,000 7,500,000 7,500,000 

Regional Science and Technology .............................................................. 3,626,000 3,368,000 3,368,000 

Regulatory Innovation ................................................................................. 18,000,000 17,338,000 17,338,000 

Regulatory/Economic-Management ............................................................. 18,552,000 17,934,000 17,934,000 

Science Advisory Board ............................................................................... 4,757,000 4,396,000 4,396,000 

Science Policy and Biotechnology ............................................................... 1,707,000 1,651,000 1,651,000 

Small Business Ombudsman ...................................................................... 3,839,000 3,742,000 3,742,000 

Stratospheric Ozone: Domestic Prog. .......................................................... 5,840,000 5,000,000 5,000,000 

Stratospheric Ozone: Multilateral ............................................................... 11,000,000 10,000,000 10,000,000 

Surface Water Protection ............................................................................ 188,000,000 185,000,000 188,000,000 

Toxic Substances: Chemical Risk Management ......................................... 9,514,000 9,252,000 9,252,000 

Toxic Substances: Chemical Risk Reduction .............................................. 45,879,000 44,454,000 44,454,000 

Toxic Substances: Lead Risk Reduc. .......................................................... 14,800,000 11,083,000 11,083,000 

TRI/Right to Know ....................................................................................... 15,941,000 14,670,000 14,670,000 

There is no general reduction to this account. 

The conferees have agreed to the following increases to the 

budget request: 

1. 8,000,000 for the criminal enforcement; 

1557 

2. 2,000,000 for EPA Region 10 for environmental compliance; 

3. $18,375,000 for rural water technical assistance activities and groundwater protection with distribution as follows: 

$9,800,000 for the National Rural Water Association; 

$3,900,000 for Rural Community Assistance program, to be divided equally between assistance for water programs and assistance for wastewater programs; $735,000 for Ground Water 

Protection Council; $1,960,000 for Small Flows Clearinghouse; 

$980,000 for the National Environmental Training Center; and 

$1,000,000 for the Water Systems Council Wellcare Program. 

4. $980,000 for the National Biosolids Partnership Program; 

5. $2,000,000 for source water protection programs; 

6. $2,940,000 for EPA’s National Computing Center to provide for the remote mirroring of all critical information and related systems to achieve a Continuity of Operations (COOP)/ 

Disaster Recovery capability. 

7. $5,000,000 for America’s Clean Water Foundation for 

implementation of on-farm environmental assessments for livestock operations; 

8. $5,000,000 to support a demonstration project for deployment of idle reduction technology including advanced truck 

stop electrification, as part of the Agency’s Smartway Transport Program. 

9. $1,000,000 for the Lake Pontchartrain Basin Restoration Program for a total of $2,000,000; 

10. $200,000 for the Northeast States for Coordinated Air 

Use Management [NESCAUM]; 

11. $200,000 for the Northeast Waste Management Officials Association [NEWMOA]; 

12. $1,540,000 for the Lake Champlain Basin program, for 

a total of $2,500,000; 

13. $1,823,000 for the Long Island Sound program, for a 

total of $2,300,000; 

14. $2,000,000 for Chesapeake Bay small watershed 

grants. The Committee expects that the funds provided for this 

program, managed by the Fish and Wildlife Foundation, shall 

be used for community-based projects including those that design and implement on the ground and in the water environmental restoration or protection activities to help meet Chesapeake Bay program goals and objectives. This will result in a 

total of $22,817,000 available in fiscal year 2005 for the Chesapeake Bay program. 

15. $1,000,000 to the Environmental Monitoring and Assessment Program within the State of Alaska; 

16. $100,000 to the Salton Sea Authority in Salton Sea, 

California for air quality mitigation projects; 

17. $250,000 to Calleguas Municipal Water for the 

Calleguas Creek Watershed Management Plan Implementation 

in Ventura County, California; 

18. $100,000 to the University of Redlands in California 

for the Salton Sea Database; 

1558 

19. $300,000 for the City of Highland, California for developing and implementing displays and exhibits for the City of 

Highland Environmental Learning Center; 

20. $200,000 for the Operation Clean Air Advocates, Inc. 

in San Joaquin Valley, California for Operation Clean Air; 

21. $100,000 for the California State University-Fullerton, 

California for the National Center for Water Hazard Mitigation; 

22. $175,000 to the Central California Ozone Study; 

23. $100,000 to the University of Connecticut Health Center to implement a model asthma intervention program for the 

State of Connecticut; 

24. $250,000 to the University of North Florida for the 

Real-Time Regional Environmental Modeling in Jacksonville, 

Florida; 

25. $900,000 to Osceola County, Florida for abatement and 

prevention of hydrilla and hygophila; 

26. $150,000 to the Spokane Region Chamber of Commerce 

for the Rathdrum Prairie/Spokane Valley Aquifer Study in 

Spokane County, Idaho; 

27. $1,700,000 to Boise State University for research 

projects aimed at developing and demonstrating multi-purpose 

sensors to detect and analyze contaminants and time-lapse imaging of shallow subsurface fluid flow; 

28. $300,000 for the Selenium Information System Project 

at the Idaho National Engineering and Environmental Laboratory; 

29. $100,000 to the City of Rexburg, Idaho for the Teton 

River Mill Site Redevelopment and Learning Project; 

30. $150,000 to the City of Chicago, Illinois for the Beach 

Contamination Identification/Elimination Study; 

31. $100,000 for PRIDE in the 2nd District of Kentucky for 

PRIDE in the Heartland of Kentucky; 

32. $500,000 to the Olmsted Parks Conservancy in Louisville, Kentucky to remove invasive species and correct erosion 

in Cherokee and Seneca Parks; 

33. $1,000,000 to the Olmsted Parks Conservancy in Louisville, Kentucky to correct riverbank erosion in Chickasaw 

Park; 

34. $550,000 to the Olmsted Parks Conservancy in Louisville, Kentucky to correct erosion in Iroquois Park; 

35. $850,000 to the Louisville Waterfront Development 

Corporation, Kentucky for anti-erosion strategies; 

36. $200,000 to the Louisiana State University in Shreveport, Louisiana for the Red River Watershed Management Institute; 

37. $100,000 to Prince George’s County, Maryland for the 

Low Impact Development demonstration project in the Anacostia River Watershed; 

38. $100,000 to Wayne County, Michigan for the Lead Prevention Initiative; 

39. $100,000 to Wayne County, Michigan for the lead prevention initiative; 

1559 

40. $200,000 for the Michigan Biotechnology Institute in 

East Lansing, Michigan for the Michigan Biotechnology Institute International’s Nanocomposite Surfaces; 41. $100,000 to the New Hampshire Department of Environmental Services to develop a statewide water resources 

management plan; 42. $250,000 to the Ten Towns Great Swamp Watershed 

Management Committee in New Jersey for a water quality 

monitoring program in the Great Swamp National Refuge; 43. $100,000 to Monmouth University for the Coastal Watershed Program in West Long Branch, New Jersey; 44. $150,000 for Monmouth University for the Center for 

Coastal Watershed Management in West Long Beach, New 

Jersey; 45. $200,000 to Madison County, New York for the Landfill Gas to Electricity Project; 46. $250,000 for the New York University in Bronx, New 

York for health disparity studies; 47. $1,500,000 for continued work on water management 

plans for the Central New York Watersheds in Onondaga and 

Cayuga counties; 48. $750,000 to Cortland County, New York for continued work on the aquifer protection plan, of which $350,000 is for 

continued implementation of the comprehensive water quality 

management program in the Upper Susquehanna Watershed; 49. $250,000 to Wayne County, New York for continued 

work on a county-wide lakeshore embankments resource preservation and watershed enhancement plan; 50. $300,000 for the NADO (National Association of Development Organizations) Research Foundation for environmental 

training and information dissemination related to rural 

brownfields, air quality standards and water infrastructure; 51. $200,000 to the Ohio River Valley Water Sanitation 

Commission for the Ohio River Watershed Pollutant Reduction 

Program; 

52. $250,000 to Lake Erie Coastal Ohio for planning, research, and analysis of coastal Lake Erie community, environmental, and educational efforts; 

53. $200,000 to the Oklahoma State University, the University of Oklahoma, the University of Tulsa, and the University of Arkansas for the Integrated Petroleum Environmental 

Consortium in Tulsa, Oklahoma; 

54. $1,500,000 to the American Cities Foundation (ACF) 

for the Neighborhood Environmental Action Team program 

and other community environmental efforts; 

55. $700,000 to Caribbean American Mission for Education 

Research and Action, Inc. (CAMERA), to support a youth environmental stewardship program in Bala Cynwyd, Pennsylvania; 

56. $700,000 to the Environment and Sports Inc., of Philadelphia to continue support of an environmental awareness 

program in Philadelphia, Pennsylvania; 

57. $350,000 for the Concurrent Technologies Corp for the 

Small Partner Environmental Information Exchange Network; 

1560 

58. $100,000 to Cabrini College in Radnor, Pennsylvania 

for the Center for Science Education and Technology; 59. $100,000 to the University of Memphis for Environmental Programs Hazard Management in Memphis, Tennessee; 

60. $250,000 to the Tarrant County Watershed District in 

Tarrant County, Texas to develop and implement an integrated 

watershed protection plan; 61. $750,000 to the University of Texas at Austin for environmental resource management and technical assistance activities for the Rio Bravo-Rio Grande Physical Assessment Program; 62. $250,000 to the University of North Texas for the 

Texas Institute for Environmental Assessment and Management; 

63. $200,000 to the City of Lubbock, Texas for a comprehensive study to address regional water and wastewater 

concerns; 

64. $75,000 to the Brazos River Authority for the Brazos/ 

Navasota Watershed Management Project in Texas; 65. $200,000 to the Puget Sound Action Team of Hood 

Canal, Washington for the Hood Canal Depleted Oxygen 

Study; 66. $100,000 for the Spokane Regional Chamber of Commerce for the Spokane Valley/Rathdrum Prairie Aquifer Study; 67. $200,000 to the Upper Kanawha Valley Enterprise 

Community for the Shrewsbury Riverbank Erosion Project in 

Shewsbury, West Virginia; 68. $2,000,000 for on-going activities at the Canaan Valley 

Institute, including activities relating to community sustainability; 69. $1,500,000 to support and implement the Highlands 

Action Program (HAP) of the Agency, including, but not limited 

to, federal personnel and related costs; 

70. $150,000 for Marshall University, Center for Environmental, Geotechnical and Applied Sciences for Environmental 

Management Incubator in Huntington, West Virginia; 

71. $200,000 to the City of Cedarburg, Wisconsin for ongoing surface water treatment and general environmental remediation of Cedar Creek; 

72. $4,000,000 for the Small Public Water System Technology Centers at Western Kentucky University, the University of New Hampshire, the University of Alaska-Sitka, Pennsylvania State University, the University of Missouri-Columbia, Montana State University, the University of Illinois, and 

Mississippi State University; 

73. $500,000 for the City of Boulder’s Sustainability Center; 

74. $300,000 for the State Review of Oil and Natural Gas 

Environmental Regulations [STRONGER] program; 

75. $200,000 for the Utah Watershed Coordinator’s Council; 

76. $250,000 for the City of Covington Riverfront Planning 

Project in Covington, Kentucky; 

1561 

77. $600,000 for the University of Southern Mississippi’s 

Gulf of Mexico program to evaluate bacterial source tracking in 

three Gulf Coast watersheds; 

78. $350,000 for the Greater Houston Partnership/Houston 

Advanced Research Center for an air quality study; 

79. $400,000 to the Baylor University for a Lake Whitney 

comprehensive assessment; 

80. $1,500,000 for the Rathdrum Prairie/Spokane Valley 

Aquifer study with matching funds to be provided by the State 

of Idaho and Washington; 

81. $300,000 for the Selenium Information System project 

at the Idaho National Engineering and Environmental Laboratory; 

82. $2,500,000 for the Southwest Center for Environmental 

Research and Policy; 

83. $500,000 for the Lake Tahoe Environmental Improvement program; 

84. $1,000,000 for the City of Maryville, Tennessee to implement an environmental protection and education project; 

85. $250,000 for the Center for Environmental Citizenship 

at Luther College in Decorah, Iowa; 

86. $250,000 for a comprehensive storm and irrigationwater management initiative for Orem, Utah; 

87. $5,000,000 for the Oklahoma Department of Environmental Quality for ongoing surface water treatment and general environmental remediation in collaboration with other involved state and Federal entities of the effects of mine-waste 

tailings in the Tar Creek and Spring Creek watersheds and 

area in Ottawa County, Oklahoma; 

88. $500,000 for the U.S.-Mexico Border Environmental 

Protection program at the University of Arizona; 

89. $600,000 for the Western Kentucky University Center 

for Wastewater Research; 

90. $400,000 for the Green River Biological Diversity Monitoring project at Western Kentucky University; 

91. $300,000 for Auburn University to develop a Mobile 

Delta Initiative; 

92. $750,000 for the City of Wilsonville, Oregon to develop 

an innovative rainwater management system; 

93. $500,000 for the Ozarks Environmental and Water Resources Institute at Southwest Missouri State University; 

94. $750,000 for the Lake Pontchartrain Basin Foundation 

for Lake Pontchartrain water quality improvement; 

95. $250,000 for the Maryland Bureau of Mines for an acid 

mine drainage remediation project; 

96. $1,000,000 for projects demonstrating the benefits of 

Low Impact Development along the Anacostia Watershed in 

Prince Georges County, Maryland, including 

97. $500,000 for storm drains and trash traps; 

98. $750,000 for the City of Waukesha, Wisconsin, for a radium removal research and study project; 

99. $250,000 for the Northwest Straits Commission for 

Washington State University’s beach watchers program; 

1562 

100. $500,000 for the Columbia Basin Groundwater Management Area; 101. $300,000 for the Walker Lake Working Group in Nevada for scientific, analytical, and other technical assistance to 

evaluate solutions for the restoration of Walker Lake; 

102. $250,000 for the Friends of Old Maui School and 

Community Work Day in Hawaii for environmental assessments; 

103. $350,000 for the County of Hawaii for the Honomolino 

Irrigation Cooperative surface and ground water project; 104. $250,000 for the Hawaii Nature Center East Kauai 

watershed improvement initiative; 105. $500,000 for the Metropolitan Water District of 

Southern California for a study of the effectiveness of biological 

treatment for the removal of perchlorate from groundwater; 106. $250,000 for the Fresno County Council of Governments in California for a non-point source water quality management program; 107. $500,000 for the Storm Lake, Iowa, water quality 

project; 108. $250,000 for the Iowa Stormwater Runoff Council for 

the development and implementation of improved urban 

stormwater control practices; 109. $300,000 for the Vermont Department of Agriculture 

Steven’s Brook watershed project; 110. $250,000 for the City of Warwick, Rhode Island, for 

design and engineering of the Potowomut wastewater collection 

system; 111. $400,000 for the City of Las Vegas, New Mexico, for 

a mechanical biological treatment initiative; 112. $750,000 for the University of West Florida’s PERCH 

program; 113. $400,000 for the County of Ventura, California, 

Calleguas Creek Watershed Management Plan; 

114. $400,000 for a storm water research initiative at the 

University of Vermont; 

115. $700,000 for Plimoth Plantation in Plymouth, Massachusetts, for environmental education initiatives; 

116. $400,000 for the City of Norwalk, Connecticut, for the 

FILTER project to prevent runoff into the Long Island Sound; 

117. $500,000 for the State of Nevada to replace or retrofit 

school buses to lower emissions; 

118. $250,000 for Chautauqua County, New York, for a 

sewerage mapping project; 

119. $400,000 for the Right Place in Grand Rapids, Michigan, for the West Michigan Regional Sustainable Manufacturing Initiative; 

120. $400,000 for Deschutes County, Oregon, for the Upper 

Deschutes River water quality and monitoring program; 

121. $200,000 for pollution prevention of Wreck Pond and 

nearby beaches in Spring Lake, New Jersey; 

122. $200,000 for the City of Vineland, New Jersey, for the 

demonstration of an environmentally sound disabled vehicle removal pilot project; 

1563 

123. $400,000 for the King County, Washington, molten 

fuel cell demonstration project; 124. $200,000 for the North Carolina Rural Economic Development Center for a statewide water and wastewater assessment; 

125. $750,000 for continued research and watershed activities at the Kenai River Center in Kenai, Alaska; 

126. $375,000 for regional haze monitoring in the State of 

Alaska; 

127. $1,500,000 to the Environmental Resources Coalition 

for the Southwest Missouri Water Resources Assessment 

Project; and 128. $1,000,000 for the Missouri Department of Natural 

Resources for the Low Sulfur Coal Emissions Reduction Pilot 

Project. 

The Conference has included $8,000,000 more than the budget request for EPA Criminal Enforcement for a total of $39,370,000 

for FY05, an increase of a little more than $8,000,000 above the 

2004 level. The Conference believes that a strong criminal enforcement program is essential to reducing pollution and protecting public health. The Conference believes that the EPA does not devote 

adequate resources to the program, which has led to staffing declines and case backlogs. The Conference directs EPA to submit to 

the House and Senate Committees on Appropriations a plan to reduce case backlogs and ensure adequate resources and staffing levels by March 15, 2005. In addition to this increase, the conference 

agreement includes sufficient funds to maintain the level of staffing 

at other enforcement activities throughout the agency at not less 

than the fiscal year 2004 level. 

The Conferees consider that a strong relationship between 

EPA and the Department of Homeland Security (DHS) is critical 

if the Nation is going to have a comprehensive and effective plan 

for protecting our homeland. The conferees understand that the 

EPA has negotiated two memorandums of understandings (MOUs) 

with DHS. The first, between DHS and EPA’s Office of Research 

and Development, provides for joint research projects. The second, 

between DHS and EPA’s Office of Air and Radiation, is designed 

to provide coordination and funding for field operations of the 

biowatch monitoring network. Nevertheless, the Conferees remain 

concerned that the Agency’s responsibilities as to homeland security are not well articulated. Therefore, the Conferees direct EPA 

to enter into a comprehensive MOU with DHS no later than August 1, 2005 that will define the relationship and responsibilities 

of these entities with regard to the protection and security of our 

Nation. The Conferees expect the MOU to specifically identify 

areas of responsibilities and the potential costs (including which 

entity pays, in whole or part) for fully meeting such responsibilities. EPA shall submit to the House and Senate Committees on 

Appropriations a plan no later than September 15, 2005 that details how the agency will meet its responsibilities under the MOU, 

including a staffing plan and budget. 

The conference agreement provides the budget request of 

$2,000,000 for the Water Information Sharing and Analysis Center 

(Water ISAC) to gather, analyze, and disseminate sensitive security 

1564 

information to water and wastewater systems. The conferees direct 

that the Water ISAC shall be implemented through a grant to the 

Association of Metropolitan Water Agencies. 

The conferees have, within available funds, provided 

$2,000,000 for nine Environmental Finance Centers, the same as 

for fiscal year 2004. 

The conferees have provided the full budget request for the Endocrine Disruptor Screening Program. The High Production Volume 

(HPV) Chemical Challenge Program and the Voluntary Children’s 

Chemical Evaluation Program have been funded at the fiscal year 

2004 level and the conferees urge that no reductions be proposed 

in the operating plan submission for these important programs. 

The conferees support EPA’s promotion of environmental management systems (EMSs), codes established by a variety of industry 

sectors to ensure superior environmental performance, and urge 

the agency to examine additional regulatory incentives to be provided to organizations that have implemented an EMS. 

The conferees have also provided the fiscal year 2004 appropriation level for activities and programs of the Office of Pesticide 

Programs (OPP). 

The conferees direct EPA to provide for the Pesticide Applicator Training program the same amount as available in fiscal year 

2004. 

The conferees support the Agency’s electronics recycling initiative, and encourage the Agency to support pilot projects through 

the Polymer Alliance Zone’s MARCEE Initiative to develop a market-based sustainable electronics recycling infrastructure. 

OFFICE OF INSPECTOR GENERAL

Appropriates $38,000,000 for the Office of Inspector General, 

an increase of $1,000,000 over the amount proposed by the House, 

and the same amount proposed by the Senate. In addition to 

amounts appropriated directly to the OIG, $13,000,000 is also 

available by transfer from funds appropriated for Hazardous Substance Superfund. Of the total funding, $750,000 shall be used to 

carry out the duties of Inspector General for the Chemical Safety 

and Hazard Investigation Board. 

BUILDINGS AND FACILITIES

Appropriates $39,000,000 for buildings and facilities, instead of 

$40,000,000 as proposed by the Senate and the same as proposed 

by the House. 

HAZARDOUS SUBSTANCE SUPERFUND

(INCLUDING TRANSFERS OF FUNDS)

Appropriates $1,257,537,000 for Hazardous Substance Superfund as proposed by the House instead of $1,381,416,000 as proposed by the Senate. Bill language provides that such sums as are 

available from the Superfund trust fund upon the date of enactment are available for this activity, with the remainder to be derived from general revenues of the Treasury. Additional language 

provides for the transfer of $13,000,000 to the Office of Inspector 

1565 

General, and for the transfer of $36,097,000 to the Science and 

Technology account. 

The conferees direct EPA to develop a standard test method for 

naturally occurring asbestos that will provide reproducible results 

and provide a risk analysis using the existing EPA Airborne Asbestos Health Assessment Update. 

The conferees remain concerned about the effective implementation of the Superfund program. The EPA IG is conducting an ongoing evaluation of Superfund expenditures at the request of the 

House and Senate Committees on Appropriations. It is clear, however, that there is little coordination of best practices at Superfund 

sites and the conferees urge EPA to develop a best practices approach which will ensure that there will be better coordination in 

managing sites and that those Superfund procedures that work 

best for the least cost will be implemented. 

The conferees have agreed to the following fiscal year 2005 

funding levels: 

1. $879,100,000 for Superfund response and cleanup activities; 

2. $146,514,000 for enforcement activities; 

3. $145,000,000 for management and support; 

4. $13,000,000 for transfer to the Office of Inspector General; 

5. $36,097,000 for research and development activities, to be 

transferred to the Science and Technology account; and 

6. $37,826,000 for reimbursable interagency activities, including $27,150,000 for the Department of Justice and $10,676,000 for 

OSHA, FEMA, NOAA, the United States Coast Guard, and for the 

Department of the Interior. 

LEAKING UNDERGROUND STORAGE TANK PROGRAM

Appropriates $70,000,000 for the leaking underground storage 

tank program as proposed by the Senate, instead of $74,000,000 as 

proposed by the House. 

OIL SPILL RESPONSE

Appropriates $16,000,000 for oil spill response as proposed by 

the House and the Senate. 

STATE AND TRIBAL ASSISTANCE GRANTS

Appropriates $3,604,182,000 for state and tribal assistance 

grants instead of $3,359,027,000 as proposed by the House and 

$3,886,550,000 as proposed by the Senate. Bill language specifically 

provides $1,100,000,000 for Clean Water State Revolving Fund 

(SRF) capitalization grants, of which up to $50,000,000 is to be 

made available for use by States that choose to make loans, including interest-free loans, that increase non-point and non-structural, 

decentralized alternatives, expanding the choices available to communities in their fight for clean water. The conferees again strongly encourage States that can do so to pursue innovative technologies in this regard, but emphasize that this program is voluntary and that States not participating in the program will nevertheless continue to receive their normal level of funding through 

the established SRF formulas. 

1566 

Additional bill language provides $850,000,000 for Safe Drink- ing Water SRF capitalization grants; $50,000,000 for the United 

States-Mexico Border program; $45,000,000 for grants to address 

drinking water and wastewater infrastructure needs in rural and 

native Alaska communities; $4,000,000 for remediation of above 

ground leaking fuel tanks in Alaska pursuant to Public Law 106– 

554; $90,000,000 for Brownfields infrastructure grants; 

$1,145,757,000 for categorical grants to the states and tribes, including $50,000,000 for Brownfields categorical grants and 

$19,500,000 for the Environmental Information Exchange program; 

$7,500,000 for Clean School Bus grants; and $309,925,000 for costshared grants for construction of water and wastewater treatment 

facilities and infrastructure and for groundwater protection infrastructure. 

The conferees have included bill language which: (1) for fiscal 

year 2005, authorizes the Administrator of the EPA to use funds 

appropriated pursuant to the Federal Water Pollution Control Act 

(FWPCA) to make grants to Indian tribes pursuant to section 

319(h) and 518(e) of FWPCA; (2) will permit the states to include 

as principal amounts considered to be the cost of administering 

SRF loans to eligible borrowers, with certain limitations; (3) for fiscal year 2005, authorizes the states to transfer funds between the 

Clean Water and Safe Drinking Water SRF programs; and (4) stipulates that no funds provided in the Act to address water infrastructure needs of colonias within the United States along the 

United States-Mexico border shall be made available to a county or 

municipal government unless that governmental entity has established an enforceable ordinance or rule which prevents the development or construction of any additional colonia areas, or the development within an existing colonia of any new home, business, or 

other structure which lacks water, wastewater, or other necessary 

infrastructure. 

As in previous years, the conferees have included bill language 

that stipulates that none of the funds provided in this or any previous years’ Act for the Safe Drinking Water SRF may be reserved 

by the Administrator for health effects studies on drinking water 

contaminants. The conferees have instead provided significant resources for such studies within EPA’s Science and Technology account. 

The conferees have included, as proposed by the Senate, bill 

language which sets certain requirements for Alaska Native Village 

grants, including: (1) a 25% cost share from the State of Alaska; 

(2) a limitation on administrative expenses; and (3) the establishment of a statewide priority list and a set-aside for regional hub 

communities. 

The conferees have not included language proposed in the Senate bill that created a new $3,000,000 construction program that 

was designed to begin building the needed infrastructure to reduce 

the risk of arsenic in drinking water as required by the arsenic in 

drinking water rule (66 FR 6979). In 2006, both community water 

systems and non-transient, non-community water systems are expected to be in compliance with these new arsenic in drinking 

water requirements. The conferees are concerned that many communities, especially rural communities in the West, will be unable 

1567 

to meet these new requirements which could become a huge financial hardship on these communities. This may mean that clean 

water systems could be abandoned in favor of untreated well water 

or that communities may be forced to spend very tight resources 

on new water infrastructure while abandoning other critical priorities such as maintaining local school systems. The conferees direct 

EPA to submit a study no later than August 15, 2005 on the extent 

to which the communities will be impacted by the arsenic in drinking water rule, the likely cost to these communities for meeting the 

requirements of the rule, alternatives to meeting the requirements 

of the rule and recommendations for, but not limited to, ways to 

minimize the cost. 

The conferees have included bill language that makes technical 

corrections and changes to grants approved in previous fiscal years. 

Of the funds provided for the United States-Mexico Border pro- gram, $5,000,000 is for continuation of the El Paso, Texas desalination and water supply project, and $2,000,000 is for the Brownsville, Texas water supply project. The conferees provide $18,000,000 for making competitive Tar- geted Watershed grants; within these funds, $8,000,000 is for a regional pilot program for the Chesapeake Bay that shall demonstrate effective non-point source nutrient reduction approaches 

that target small watersheds and accelerate nutrient reduction in 

innovative, sustainable, and cost-effective ways. Partners in the effort to protect the Bay include Maryland; Pennsylvania; Virginia; 

the District of Columbia; the Chesapeake Bay Commission, a tristate legislative body; EPA, which represents the Federal Government; and, participating citizen advisory groups. 

The conferees direct EPA under the ‘‘school bus’’ program to 

treat all school districts equally, regardless of whether the buses 

are owned by the district or owned by a contractor. In either case, 

the grantee is a school district. In cases where the school district 

contracts with an outside entity for the provision of school buses, 

the school district is expected to contract with its contractor to ensure the buses are as environmentally sound as possible at the 

least possible cost. Any use of funds must be consistent with the 

program requirements. School districts can apply jointly for a grant 

where the contractor provides student busing services to more than 

one district. 

Within the State and Tribal Categorical Grant program, the 

conference agreement includes: 

House Senate Conference 

State and Local Air Quality Assistance ...................................................... 225,000,000 228,550,000 225,000,000

Tribal Air Quality Assistance ...................................................................... 10,830,000 11,000,000 10,830,000 

Radon .......................................................................................................... 8,000,000 7,000,000 7,000,000 

Pollution Control (Section 106) .................................................................. 200,000,000 210,000,000 210,000,000 

Beaches Protection ..................................................................................... 10,000,000 10,000,000 10,000,000 

Nonpoint Source (Section 319) ................................................................... 235,250,000 215,000,000 209,000,000 

Wetlands Program Development ................................................................. 14,500,000 15,000,000 15,000,000 

Wastewater Operator Training .................................................................... 1,500,000 1,500,000 1,500,000 

Water Quality Cooperative Agreements (Sec. 104(3)(b)) ........................... 18,620,000 17,000,000 17,000,000 

Targeted Watersheds .................................................................................. 14,500,000 20,000,000 18,000,000 

Public Water System Supervision (PWSS) .................................................. 100,550,000 102,500,000 100,550,000 

Underground Injection Control (UIC) .......................................................... 10,780,000 9,000,000 10,780,000 

Drinking Water Homeland Security ............................................................. 5,000,000 5,000,000 5,000,000 

RCRA Financial Assistance ......................................................................... 104,300,000 106,400,000 104,300,000 

1568 

House Senate Conference 

Brownfields ................................................................................................. 50,000,000 50,000,000 50,000,000 

Underground Storage Tanks ....................................................................... 12,000,000 13,000,000 12,000,000 

Pesticides Program Implementation ........................................................... 13,000,000 13,100,000 13,000,000 

Lead Risk Reduction ................................................................................... 13,500,000 13,700,000 13,500,000 

Toxic Substances Compliance .................................................................... 5,047,000 5,150,000 5,047,000 

Pesticides Enforcement ............................................................................... 19,500,000 19,900,000 19,500,000 

Environmental Information ......................................................................... 19,500,000 20,000,000 19,500,000 

Pollution Prevention .................................................................................... 6,000,000 5,000,000 5,000,000 

Sector Program (Enforcement & Comp Assurance) ................................... 2,250,000 2,250,000 2,250,000 

Tribal General Assistance Program ............................................................ 62,000,000 62,500,000 62,000,000 

The conferees have not included language that directed EPA to 

deduct from grants to state associations for a state that does not 

wish to participate in the association, as proposed by the Senate. 

The conferees believe that current recipients of such grants have 

administratively addressed this issue. The conferees have provided $309,925,000 for a targeted program making grants to communities for the construction of drinking water, wastewater and storm water infrastructure and for 

water quality protection. As in past years, these grants shall be accompanied by a cost-share requirement whereby 45 percent of a 

project’s cost is the responsibility of the community or entity receiving the grant. In those few cases where such cost-share requirement poses a particular financial burden on the recipient community or entity, the conferees support the Agency’s use of its longstanding guidance for financial capability assessments to determine 

reductions or waivers from this match requirement. 

With the exception of the limited instances in which an applicant meets the criteria for a waiver, the conferees have provided 

no more than 55% of an individual project’s cost, regardless of the 

amount appropriated below. The phrase ‘terms and conditions’ referenced in the bill language includes the maximum 55% federal 

share, as well as the intended recipients and the specific project descriptions, as listed below. The distribution of funds under this program is as follows: 1. $400,000 to the City of Falkville, Alabama for sewer infrastructure improvements; 

2. $750,000 to the City of Albertville, Alabama for sewer 

infrastructure improvements; 

3. $180,000 to the City of Boldo, Alabama for water infrastructure improvements; 

4. $200,000 to the City of Addison, Alabama for sewer infrastructure improvements; 

5. $220,000 to Lamar County, Alabama for infrastructure 

improvements to the Lamar County Reservoir; 

6. $350,000 to the City of Arley, Alabama for water infrastructure improvements; 

7. $200,000 to the City of Eva, Alabama for sewer infrastructure improvements; 

8. $200,000 to the City of Guin, Alabama for water infrastructure improvements; 9. $250,000 to the City of Phil Campbell, Alabama for 

water infrastructure improvements; 10. $500,000 to Blount County, Alabama for water infrastructure improvements; 

1569 

11. $500,000 to the DeKalb-Jackson Water Supply District 

in Ider, Alabama for construction of a water treatment plant; 12. $150,000 to Fort Payne, Alabama for a pump station 

at Wills Valley Industrial Park; 13. $250,000 to the Helena Utility Board in Helena, Alabama for sewer infrastructure improvements; 14. $250,000 to the City of Jackson, Alabama for water 

and wastewater infrastructure improvements; 15. $200,000 to the City of Athens, Alabama for wastewater infrastructure improvements; 16. $500,000 to Lawrence County, Alabama for the 

Bankhead Forest Water Project; 17. $250,000 to the City of Huntsville, Alabama for water 

infrastructure improvements; 18. $400,000 to Hartselle Utilities for wastewater infrastructure improvements in Hartselle, Alabama; 19. $100,000 to Harvest-Monrovia Water, Sewer, and Fire 

Protection in Alabama for a master plan to accomplish the establishment of a sewer system within the service area; 20. $300,000 to the Limestone County Water and Sewer 

Authority in Alabama for water infrastructure improvements; 21. $400,000 to the Waterworks Boards of the Towns of 

Section and Dutton, Alabama for water infrastructure improvements; 

22. $500,000 to the Scottsboro Waterworks, Sewer, and 

Gas Board in Scottsboro, Alabama for construction and rehabilitation of a sanitary sewer collection system; 23. $600,000 to the City of Sheffield, Alabama for water 

and wastewater infrastructure improvements; 24. $200,000 to the West Morgan-East Lawrence Water 

and Sewer Authority for water and wastewater system infrastructure improvements; 25. $50,000 to Jackson County, Alabama for water and 

wastewater infrastructure improvements; 

26. $400,000 to the City of Muscle Shoals, Alabama for 

water and wastewater infrastructure improvements; 

27. $100,000 to the community of Overlook Hills in Dallas 

County, Alabama for wastewater infrastructure improvements; 

28. $100,000 to the Town of Fulton, Alabama to construct 

a wastewater treatment facility; 

29. $150,000 to the Town of Red Level, Alabama for Phase 

II water infrastructure improvements; 

30. $150,000 to the City of Valley, Alabama to purchase 

Langdale Mill and Fairfax Utilization Plant; 

31. $100,000 for the Millerville Water Authority (Clay 

County Commission) for water infrastructure improvements in 

Millerville, Alabama; 

32. $200,000 for the Smiths Station Water Authority in 

Alabama for water infrastructure improvements; 

33. $30,000 for City of Piedmont Water and Utilities Board 

to extend water lines to the Terrapin Cove/Borden Springs 

area in Cleburne County, Alabama; 

34. $250,000 to the City of Fayetteville, Arkansas for 

water infrastructure improvements; 

1570 

35. $250,000 for the Faulkner County Public Facilities 

Board for Lake Conway Sewer Improvements in Faulkner 

County, Arkansas; 

36. $200,000 for the City of Goodyear, Arizona for water 

infrastructure improvements; 

37. $250,000 to the City of Avondale, Arizona for wastewater infrastructure improvements; 

38. $150,000 to the City of Chandler, Arizona for the 

Chandler Arsenic Mitigation Program; 

39. $1,000,000 to the University of Arizona, College of 

Pharmacy for the US-Mexico Border Environmental Protection 

Program; 

40. $250,000 to the City of Stafford, Arizona for construction of a wastewater treatment plant; 

41. $500,000 to the City of St. Johns, Arizona for new 

water transmission pipeline construction; 

42. $150,000 to the City of Rialto, California for water infrastructure improvements; 

43. $250,000 to the Box Springs Mutual Water Company 

of the City of Moreno Valley, California for installation of a 

sewer system; 

44. $200,000 to the City of Oxnard, California for the 

Headworks Expansion Project and Redwood Trunk Project; 

45. $150,000 to the City of Modesto, California for the 

neighborhood storm water, sewer, and water infrastructure 

project (Ninth Street Corridor Storm Drain Project); 

46. $600,000 to the Orange County Sanitation District for 

wastewater infrastructure improvements in Fountain Valley, 

California; 

47. $500,000 to the City of Laguna Beach, California for 

emergency sewer repairs; 

48. $1,000,000 to the City of Solana Beach, California for 

wastewater treatment improvements in the municipal sewer 

system; 

49. $250,000 to the City of Roseville, California for water 

infrastructure improvements; 

50. $400,000 to the City of Monrovia, California for water 

and wastewater infrastructure improvement; 

51. $1,000,000 to the Cities of Arcadia and Sierra Madre, 

California for the Joint Water Infrastructure Restoration Program; 

52. $200,000 to the City of East Palo Alto, California for 

the storm water infrastructure improvements; 

53. $350,000 to the Monterey County Water Resource 

Agency for the Salinas Valley Water Project in Monterey County, California; 

54. $100,000 to the Sweetwater Authority for the water 

quality monitoring in Chula Vista, California; 

55. $250,000 to the City of El Segundo, California for 

wastewater infrastructure improvements for Smoky Hollow; 

56. $350,000 for the City of Redding, California for water 

infrastructure improvements; 

1571 

57. $750,000 to the San Diego County Water Authority for 

the San Diego County Water Authority Regional Seawater Desalination Initiative in San Diego, California; 58. $350,000 to the City of Brisbane, California for water 

and wastewater infrastructure improvements; 59. $100,000 for the Bighorn Desert Water Agency for 

water infrastructure improvements in Yucca Valley, California; 60. $450,000 to the City of San Bernardino, California for 

Lakes and Stream Project; 61. $250,000 to the City of Hesperia, California for water 

infrastructure improvements; 62. $200,000 to the City of Lake Arrowhead, California for 

the Community Services District; 63. $500,000 for Mission Springs Water District for the 

Groundwater Protection, Supply Enhancement/Reuse Program 

in Desert Hot Springs, California; 64. $450,000 to the City of Banning, California for the 

Brinton Reservoir; 

65. $300,000 for the Hi-Desert Water District in Yucca 

Valley, California for the Warren Valley Recharge Facility; 66. $300,000 for the Santa Ana Watershed Project Authority in California for the Santa Ana Regional Interceptor (SARI) 

Enhancement; 

67. $200,000 for the City of San Jose, California for water 

and wastewater infrastructure improvements; 68. $500,000 to the City of Sacramento, California for combined sewer system improvement rehabilitation project; 69. $250,000 for the Castaic Lake Water Agency in California for wastewater infrastructure improvements; 70. $250,000 to the City of Barstow, California for a sewer 

master plan implementation project; 71. $250,000 to the City of Victorville, California for water 

infrastructure improvements; 72. $200,000 for the California State University, 

Dominguez Hills for the Center for Urban Environmental Research in Carson, California; 

73. $200,000 to the City of Brea, California for sewer infrastructure improvements; 

74. $200,000 to the City of Mission Viejo, California for the 

Oso Creek Barrier Project; 

75. $300,000 to the City of Vallejo, California for the Mare 

Island Sanitary Sewer and Storm Drain Improvement Project; 

76. $250,000 to the City of Norwalk, California for the Balancing Facility Project; 

77. $150,000 to the Strathmore Public Utility District for 

a wastewater treatment plant; 

78. $250,000 to the City of Folsom, California for the sewer 

rehabilitation project; 

79. $1,000,000 to the City of San Francisco, California for 

water and wastewater infrastructure improvements; 

80. $800,000 for the Santa Clara Valley Water District in 

Santa Clara County, California for Perchlorate Cleanup; 

81. $200,000 to the City of Westminster, California for the 

Westminster Water Quality Pilot Project; 

1572 

82. $300,000 to the City of Huntington Beach, California 

for the Wintersberg Channel Urban Run-Off Treatment; 83. $250,000 to the City of Downey, California for storm 

water infrastructure improvements; 84. $150,000 for the Municipal Water District of Orange 

County, California for an Orange County water reliability 

study; 85. $200,000 for the Orange County Sanitation District for 

a new secondary treatment facility in Fountain Valley, California; 

86. $250,000 to the City of Eurka, California for the Martin Slough Interceptor; 87. $250,000 to the City of Gardena, California for water 

and wastewater infrastructure improvements; 88. $250,000 to the City of Santa Monica, California for 

water infrastructure improvements; 89. $200,000 for Sonoma County, California for the Monte 

Rio sanitation project in Monte Rio, California; 90. $250,000 to Jefferson County, Colorado to implement a 

new storm water improvement program; 91. $250,000 to the City of Ouray, Colorado for water infrastructure improvements; 92. $150,000 to the City of Meriden, Connecticut for the 

City Center Initiative Flood Control and Demolition; 93. $300,000 to the City of New Britain, Connecticut for 

water infrastructure improvements; 94. $500,000 to the City of Southington, Connecticut for 

the Southington Water Supply Improvement Project; 95. $200,000 to the City of Stamford, Connecticut for storm 

water infrastructure improvements; 96. $350,000 to the City of Groton, Connecticut for water 

and sewer line extension; 

97. $500,000 to the District of Columbia Government for 

drinking water infrastructure improvements to address lead 

problems; 

98. $400,000 for the City of Wilmington, Delaware for 

wastewater infrastructure improvements; 

99. $250,000 to the City of Tarpon Springs, Florida for 

water and wastewater infrastructure improvements; 

100. $200,000 to the City of Gainesville, Florida for the 

depot regional storm water park; 

101. $250,000 to Citrus County, Florida for the 

Chassahowitzka Area Wastewater Collection and Drinking 

Water Distribution System; 

102. $200,000 to Hillsborough County, Florida for the 

Hillsborough County Alternative Water Supplies—Phase III; 

103. $750,000 to the City of Miami Beach, Florida for 

storm water infrastructure improvements; 

104. $250,000 to the City of Key West, Florida for storm 

water infrastructure improvements 

105. $200,000 to the City of Pemroke Pines, Florida for 

water treatment expansion; 

106. $250,000 to the City of Homestead, Florida for water 

and wastewater infrastructure improvements; 

1573 

107. $150,000 for the South Seminole & North Orange 

County Wastewater Transmission Authority for the replacement of wastewater pipes and mechanical equipment; 108. $200,000 to the Southwest Florida Water Management District for the Peace River & Myakka River Water Initiative in Polk County, Florida; 109. $300,000 to the Village of Wellington, Florida for the 

reconfiguration of storm water system project; 110. $350,000 for the County of Sarasota, Florida for 

wastewater infrastructure improvements; 111. $200,000 to the City of Rivera Beach, Florida for the 

storm water management plan; 112. $200,000 to the Town of Windermere, Florida for 

storm water management improvements; 113. $250,000 to the City of Miami Gardens, Florida for 

water, wastewater, storm water, and sewer infrastructure improvements; 114. $200,000 to the City of Bunnell, Florida for the 

Wastewater Collection, Treatment and Disposal System Rehabilitation Project; 115. $500,000 for St. Johns County, Florida for the College 

Park Drainage Improvement Project in West Augustine, Florida; 

116. $250,000 for the Escambia County Utility Authority 

for Wastewater Treatment/water Reclamation Partnership in 

Escambia County, Florida; 117. $350,000 to the City of Davenport, Florida for wastewater infrastructure improvements; 118. $200,000 to the City of Lakeworth, Florida for water 

infrastructure improvements; 119. $200,000 to the City of Davie, Florida for water main 

replacement; 120. $300,000 for the South Central Regional Wastewater 

Treatment and Disposal Board for the 100% Wastewater Reuse 

Project in the Cities of Delray Beach and Boynton Beach, Florida; 

121. $300,000 to the City of Starke, Florida for the Water 

Quality Improvement Program; 

122. $500,000 to Osceola County, Florida for drainage 

basin improvements; 

123. $2,500,000 to the St. Johns River Water Management 

District for water infrastructure improvements in Central and 

East Florida; 

124. $4,000,000 to the Southwest Florida Water Management District for continuation of the Tampa Bay Reservoir 

Project; 

125. $1,200,000 to the Southwest Florida Water Management District for Tampa Bay Reclaimed Water and Downstream Augmentation Project; 

126. $300,000 to the Southwest Florida Water Management District for the Peace River and Myakka River Watershed Restoration Initiative; 

127. $500,000 to the City of Clearwater, Florida for the 

Wastewater and Reclaimed Water Infrastructure Project; 

1574 

128. $1,300,000 to the City of Tampa, Florida for sediment 

removal from estuaries of the headwaters at the canals; 

129. $500,000 to the City of Treasure Island, Florida for 

wastewater and sewer system upgrades; 130. $900,000 to the City of Albany, Georgia storm water 

infrastructure improvements; 131. $400,000 to the City of Americus, Georgia for sewer 

service expansion; 132. $1,000,000 to the City of Atlanta, Georgia for the 

McDaniel Basin Combined Sewer Overflow Separation project; 133. $1,000,000 for Columbus Water Works, Columbus, 

Georgia for its Biosolids Flow-Through Thermophilic Treatment Demonstration Project; 134. $250,000 to the City of Plains, Georgia for water infrastructure improvements; 135. $100,000 to the City of Social Circle, Georgia for 

water and wastewater infrastructure improvements; 136. $100,000 to the City of Thomasville, Georgia for extension of sewer lines; 

137. $150,000 to the City of Moultrie, Georgia for wastewater infrastructure improvements; 138. $150,000 to the City of Summerville, Georgia for 

water and wastewater infrastructure improvements; 139. $200,000 to Polk County, Georgia for the Polk County 

Wastewater Collection System; 140. $250,000 to the City of Roswell, Georgia for the Big 

Creek Watershed Project; 141. $750,000 to the City of Atlanta, Georgia for wastewater infrastructure improvements; 142. $750,000 to the City of Moultrie, Georgia for wastewater infrastructure improvements; 143. $700,000 for the Metropolitan North Georgia Planning District for water infrastructure improvements in North 

Atlanta Metropolitan Area, Georgia; 

144. $150,000 to the City of Byron, Georgia for water and 

wastewater infrastructure improvements; 

145. $250,000 to the City of Social Circle, Georgia for 

water and wastewater infrastructure improvements; 

146. $250,000 to the Guam Waterworks Authority for 

water and wastewater infrastructure improvements in the Territory of Guam; 

147. $150,000 to the Maui County Department of Water 

Supply for the lead reduction in Upcountry Maui in Upcountry 

Maui, Hawaii; 

148. $200,000 to the City of Castleford, Idaho for water infrastructure improvements; 

149. $450,000 to the City of Castleford, Idaho for water infrastructure improvements; 

150. $600,000 to the City of Twin Falls, Idaho for wastewater infrastructure improvements; 

151. $750,000 to the City of Pocatello, Idaho for water infrastructure improvements; 

152. $150,000 to the City of Lockport, Illinois for water 

and wastewater infrastructure improvements; 

1575 

153. $450,000 to the Village of Johnsburg, Illinois for 

wastewater infrastructure improvements; 

154. $300,000 to the Lake County Storm water Management Community for the Lake County Watershed Plan in Lake 

County, Illinois; 

155. $200,000 to the City of Silvis, Illinois for water infrastructure improvements; 

156. $200,000 to the Village of Newark, Illinois for wastewater infrastructure improvements; 

157. $200,000 to the Village of Paw Paw, Illinois for construction of an elevated water storage tower; 

158. $200,000 to the Village of Annawan, Illinois for water 

and wastewater infrastructure improvements; 

159. $650,000 to the Salt Creek Sanitary District in Villa 

Park, Illinois for water and wastewater infrastructure improvements; 

160. $300,000 to the Village of East Hazel Crest, Illinois 

for water infrastructure improvements; 

161. $200,000 to the City of Lexington, Illinois for wastewater infrastructure improvements; 

162. $400,000 to Lake County, Illinois for wastewater infrastructure improvements on the Des Plaines River; 

163. $500,000 to the City of Peoria, Illinois for stormwater 

management; 

164. $542,500 to the Village of Bartonville, Illinois for 

storm sewer improvements in Broadmoor Heights; 

165. $500,000 to the Village of Arenzville, Illinois for water 

infrastructure improvements; 

166. $500,000 to the Village of Argenta, Illinois for water 

infrastructure improvements; 

167. $500,000 to the Village of North Pekin, Illinois for 

water infrastructure improvements; 

168. $357,500 to the City of Spring Valley, Illinois for 

water infrastructure improvements; 

169. $250,000 to the City of Virginia, Illinois for water infrastructure improvements; 

170. $500,000 to the City of Pekin, Illinois wastewater infrastructure improvements; 

171. $250,000 to the City of Lincoln, Illinois to repair and 

slip line Pulaski Street sewer line; 

172. $350,000 to the Village of La Grange, Illinois for 

water infrastructure improvements; 

173. $550,000 to the Village of Fox River Grove, Illinois for 

Phase II sewer plant infrastructure improvements; 

174. $250,000 to the City of Shelbyville, Illinois for wastewater infrastructure improvements; 

175. $250,000 to the City of Breese, Illinois for construction of the Breese Water Plant; 

176. $100,000 to the Village of Mazon, Illinois for water infrastructure improvements; 

177. $200,000 for Will County, Illinois for the feasibility 

study for sanitary district expansion; 

1576 

178. $300,000 to the City of Marion, Indiana for water infrastructure improvements associated with the Water Loop 

Project in Grant County, Indiana; 179. $200,000 to the City of Crawford, Indiana for the design and construction phases of the Crawfordsville Eastside 

Sanitary Sewer Project; 180. $500,000 to the City of Frankfort, Indiana for construction of the Eastside Drainage/Detention Facility; 181. $150,000 to the City of Indianapolis, Indiana for 

sewer rehabilitation in northeast Indianapolis; 182. $300,000 to the City of Evansville, Indiana for the Pigeon Creek Enhancement Project; 183. $200,000 to the City of New Castle, Indiana for the 

sanitary sewer and sanitary forcemain project; 184. $330,000 to the City of Lowell, Indiana for construction of additional water lines; 

185. $400,000 to the City of Hebron, Indiana for water infrastructure improvements; 186. $150,000 to the City of Des Moines, Iowa for storm 

water infrastructure improvements to the Closes Creek Watershed; 

187. $250,000 to the City of Storm Lake, Iowa for water 

infrastructure improvements; 188. $250,000 to the City of Postville, Iowa for the completion of the Postville wastewater facility; 189. $500,000 to the City of Mason City, Iowa for completion of the Mason City water treatment plant; 190. $450,000 to the City of Ft. Madison, Iowa for water 

and wastewater infrastructure improvements; 191. $450,000 to the City of Ottumwa, Iowa for the South 

Ottumwa Sewer Separation project; 192. $500,000 to the City of Davenport, Iowa for the 

Westside Diversion Tunnel; 

193. $250,000 to the City of Mission, Kansas for construction and expansion of a storm water flow management system; 

194. $350,000 to the City of Harper, Kansas for water infrastructure improvements; 

195. $150,000 to the Town of North Middletown, Kentucky 

for North Middletown water and sewer improvements; 

196. $100,000 to the City of Shepherdsville, Kentucky for 

storm water compliance; 

197. $100,000 to the City of Hillview, Kentucky for the 

Hillview Storm water Compliance; 

198. $550,000 to the Louisville/Jefferson County Metropolitan Sewer District, Kentucky to construct a gravity interceptor 

sewer in Shively; 

199. $225,000 Louisville/Jefferson County Metropolitan 

Sewer District, Kentucky for wastewater infrastructure improvements in Beechwood Village; 

200. $225,000 Louisville/Jefferson County Metropolitan 

Sewer District, Kentucky for wastewater infrastructure improvements at Canoe Lane; 

201. $700,000 to the City of Whitesburg, Kentucky for construction of a wastewater treatment plant; 

1577 

202. $1,200,000 for the Perry County Fiscal Court in Hazard, Kentucky for the construction of a wastewater treatment 

plant; 

203. $100,000 to the City of Morehead, Kentucky for the 

renovation and expansion of a wastewater treatment plant; 

204. $150,000 to the City of Jamestown, Kentucky for the 

water treatment plant; 

205. $150,000 to the City of Monroe for the Monroe Wastewater Improvement Program in Monroe, Louisiana; 

206. $200,000 to the Village of Slaughter, Louisiana for 

wastewater infrastructure improvements; 

207. $200,000 to the West Baton Rouge Parish, Louisiana 

for wastewater infrastructure improvements; 

208. $250,000 to the City of Shreveport, Louisiana for the 

Municipal Water Distribution System—Backflow Prevention; 

209. $200,000 to the City of Shreveport, Louisiana for watershed protection; 

210. $500,000 for the South Central Planning & Development Commission for water and wastewater infrastructure improvements in New Iberia, St. Charles, Morgan City, St. Bernard and St. James, Louisiana; 

211. $250,000 to the City of Slidell, Louisiana for storm 

water infrastructure improvements; 

212. $200,000 to the Town of Windham, Maine for wastewater infrastructure improvements; 

213. $500,000 to the City of Brewer, Maine for the sewer 

improvements project; 

214. $250,000 to the City of Salisbury, Maryland for 

wastewater infrastructure improvements; 

215. $250,000 to the City of Cambridge, Maryland for 

wastewater infrastructure improvements; 

216. $250,000 to the City of Elkton, Maryland for wastewater infrastructure improvements; 

217. $100,000 to Prince George’s County, Maryland for the 

Livable Community Initiative in Brentwood, North Brentwood, 

Edmonston and Cottage City, Maryland; 

218. $250,000 for Prince George’s County, Maryland for 

the Anacostia Trash Reduction Program and Removal of Floatable Trash for the Cities of Brentwood and Edmonston, Maryland; 

219. $500,000 to the YMCA Camp Letts in Edgewater, 

Maryland for water infrastructure improvements; 

220. $200,000 to the City of Boston, Massachusetts to continue efforts to address deteriorating groundwater levels in the 

Greater Boston area; 

221. $200,000 for the Towns of Braintree, Holbrook and 

Randolph in Massachusetts for water and wastewater infrastructure improvements; 

222. $950,000 to the Cities of Fall River and New Bedford, 

Massachusetts for combined sewer overflow projects; 

223. $200,000 to the City of Lawrence, Massachusetts for 

combined sewer overflow mitigation; 

1578 

224. $400,000 to the City of Leomister, Massachusetts for 

the Rockwell Village revitalization initiative for water infrastructure improvements; 

225. $250,000 for wastewater projects for communities in 

Essex County, Massachusetts 

226. $500,000 to the Pioneer Valley Planning Commission 

in West Springfield, Massachusetts for the Connecticut River 

combined sewer overflow; 

227. $900,000 to Wayne County, Michigan for the Rouge 

River National Wet Weather Demonstration Project; 

228. $500,000 to the City of Grand Rapids, Michigan for 

combined sewer overflows; 

229. $250,000 to the Genesee County Drain Commission 

for the Northeast Relief Sewer/Kearsley Creek Interceptor 

project in Genesee County, Michigan; 

230. $350,000 to the City of Detroit, Michigan for the 

Woodmere Sewage Pump Station Rehabilitation; 

231. $1,000,000 to the Oakland County Drain Commission 

for Evergreen-Farmington Sanitary Sewer Overflow control 

project in Farmington Hills, Michigan; 

232. $500,000 to the Oakland County Drain Commission 

for Footing Drain/Sewer Lead Excess Flow Prevention demonstration project in Waterford, Michigan; 

233. $200,000 for Oakland County, Michigan to identify 

and eliminate sewage contributions from older urban areas in 

the Clinton River; 

234. $200,000 to the City of Westland, Michigan for water 

infrastructure improvements; 

235. $650,000 for Macomb County and St. Clair County, 

Michigan to implement a comprehensive water quality monitoring program; 

236. $300,000 to Brighton Township, Michigan for a waterline construction; 

237. $300,000 for the Livingston County Drain Commission for drain construction in Livingston County, Michigan; 

238. $250,000 to L’Anse Township, Michigan for water and 

sewer infrastructure improvements; 

239. $250,000 to the City of Roseau, Minnesota for storm 

water infrastructure improvements; 

240. $600,000 to the City of Minneapolis, Minnesota for 

the combined sewer overflow; 

241. $200,000 to the Mississippi Band of Choctaw Indians 

for an Academic Wetlands and Wetlands Mitigation Project in 

Neshoba County, Mississippi; 

242. $300,000 for Lamar County, Mississippi for water and 

sewer infrastructure improvements; 

243. $500,000 to the City of Belmont, Mississippi for 

wastewater infrastructure improvements; 

244. $500,000 to the City of Pontotoc, Mississippi for 

wastewater infrastructure improvements; 

245. $350,000 to the City of Joplin, Missouri for the Crossroads Parallel Sewer Phase 4 upgrades; 

1579 

246. $200,000 to the City of St. Louis, Department of Public Utilities for the Columbia Bottoms Wellfield Development 

water project in St. Louis, Missouri; 247. $250,000 to the Clarence Cannon Wholesale Water 

Commission for water infrastructure improvements in Monroe 

County, Missouri; 248. $250,000 to the Duckett Creek Sanitary District in 

Missouri for wastewater infrastructure improvements; 249. $150,000 for the Rosodyn Corporation in Butte, Montana for a waste recovery from municipal waste treatment 

plant; 250. $300,000 to the City of Lincoln, Nebraska for water 

and wastewater infrastructure improvements; 251. $550,000 to the City of Omaha, Nebraska for the 

Combined Sewerage Overflow Project; 252. $400,000 to the City of Fallon, Nevada for wastewater 

infrastructure improvements; 253. $400,000 to the City of Henderson, Nevada for wastewater infrastructure improvements; 254. $150,000 to the City of Nashua, New Hampshire for 

wastewater infrastructure improvements; 255. $200,000 to the New Hampshire Department of Environmental Services for sewer system expansion in Franklin, 

New Hampshire; 256. $200,000 to the City of Somerworth, New Hampshire 

for wastewater infrastructure improvements; 257. $1,000,000 to the Township of Parsippany, New Jersey for water infrastructure improvements; 258. $250,000 to the City of Wildwood, New Jersey for 

storm sewer outflow reconstruction; 

259. $250,000 to the New Jersey Municipal Utilities Authority for the Peninsula at Bayonne Harbor Water Infrastructure Improvement Project in Bayonne, New Jersey; 260. $400,000 for the Passaic Valley Sewerage Commission 

in New Jersey for the Combined Sewage Overflow Program; 

261. $100,000 for the Bergen County Utilities Authority 

for wastewater infrastructure improvements in Englewood, 

New Jersey; 

262. $300,000 for the New Jersey Meadowlands Commission for the Hackensack Meadowlands Ecosystem Restoration; 

263. $100,000 to the City of Lordsburg, New Mexico for 

water infrastructure improvements; 

264. $100,000 to the City of Bayard, New Mexico for the 

Ft. Bayard Effluent Reuse System; 

265. $150,000 to the City of Ruidoso Downs, New Mexico 

for wastewater infrastructure improvements; 

266. $150,000 to the City of Elephant Butte, New Mexico 

for wastewater infrastructure improvements; 

267. $150,000 to the City of Los Lunas, New Mexico to 

build a sewer interceptor line; 

268. $150,000 to the City of Espanola, New Mexico for 

wastewater infrastructure improvements; 

269. $200,000 to the City of Tijeras, New Mexico for water 

infrastructure improvements; 

1580 

270. $200,000 for Bernalillo County, New Mexico for the 

South and North water and wastewater infrastructure improvements; 271. $200,000 to the City of Brookhaven, New York for 

storm water infrastructure improvements; 272. $100,000 to the Chenango County Agricultural Society of Chenango County, New York for upgrades to the water 

and septic systems at the Chenango County Fair Grounds and 

for a study; 273. $125,000 to the Town of Schulyer, New York for 

water system improvements; 274. $200,000 to the Village of Bridgewater, New York for 

water infrastructure improvements; 275. $200,000 to the Towns of Springport and Fleming, 

New York for water and wastewater infrastructure improvements; 

276. $300,000 to Rockland County, New York for the Western Ramapo sewer extension and water reuse project; 277. $250,000 to the Village of Deposit, New York for 

wastewater infrastructure improvements; 278. $250,000 to the Town of Blooming Grove, New York 

for wastewater infrastructure improvements; 279. $300,000 to the Village of Sea Cliff, New York for the 

Sanitary Sewer System Infrastructure Development and Management project; 280. $110,000 for the Village of Mamaroneck, New York 

for sewer system improvements; 281. $150,000 to the Town of New Castle, New York for 

the Phase II Storm Water Compliance Program; 282. $250,000 to the City of Oswego, New York for sewer 

overflow system improvements; 283. $275,000 for the Warnerville Water District in 

Warnerville, New York for a water and sewer project; 284. $250,000 to the Town of Cheektowaga, New York for 

the Plant No. 3 overflow retention facility; 

285. $650,000 to the Erie Water Authority for water infrastructure improvements for the Town of Newstead and Village 

of Williamsville, New York; 

286. $200,000 to the Town/Village of East Rochester, New 

York for sewer infrastructure improvements; 

287. $1,000,000 for Dutchess County Water and Wastewater Authority in Hyde Park, New York for wastewater infrastructure improvements; 

288. $12,000,000 for continued clean water improvements 

for Onondaga Lake, New York; 

289. $4,000,000 to Monroe County Water Authority in New 

York State for the Eastside Water Treatment Project; 

290. $900,000 to Wayne County, New York for construction of a waterline along North Geneva Road; 

291. $600,000 to the Wayne County Water and Sewer Authority for water infrastructure improvements in the Town of 

Huron, New York; 

292. $4,000,000 for drinking water infrastructure needs in 

the New York City Watershed; 

1581 

293. $4,000,000 for water quality infrastructure improvements for Long Island Sound, New York; 

294. $1,000,000 for water quality infrastructure improvements for the Jamesville, New York sewer project; 

295. $350,000 to the Town of Elbridge, New York for the 

construction of a waterline; 

296. $500,000 to the County of Onondaga, Department of 

Community Development in New York for water and wastewater infrastructure improvements; 

297. $500,000 to Cayuga County in Victory, New York for 

water infrastructure improvements; 

298. $250,000 to the Town of Landis, North Carolina for 

water and wastewater infrastructure improvements; 

299. $200,000 to Harnett County, North Carolina to install 

pump stations and a forcemain as part of a central wastewater 

treatment rehabilitation project; 

300. $200,000 to the Towns of Biscoe, Star, and Troy, 

North Carolina for the Montgomery County, North Carolina 

Sewer Project; 

301. $200,000 to the Towns of Hamlet-Rockingham, North 

Carolina for wastewater infrastructure improvements; 

302. $200,000 to the Town of Farmville, North Carolina for 

wastewater infrastructure improvements; 

303. $150,000 to the Cities of East Arcadia, Bolton and 

Sandyfield, North Carolina for a regional water system; 

304. $200,000 to the Town of Wendell, North Carolina for 

the Buffalo Creek Interceptor project; 

305. $250,000 to the City of Charlotte, North Carolina for 

the wastewater plant expansion; 

306. $200,000 to the Town of Apex, North Carolina for 

wastewater infrastructure improvements; 

307. $1,500,000 to Wake County, North Carolina for water 

infrastructure improvements in cooperation with the Town of 

Cary, North Carolina and Durham County, North Carolina; 

308. $500,000 to Orange County, North Carolina for water 

and wastewater infrastructure improvements; 

309. $650,000 to the Orange Water and Sewer Authority 

(OWASA) in North Carolina for a water reuse project; 

310. $200,000 to the Town of Hillsborough, North Carolina 

for water and wastewater infrastructure improvements; 

311. $880,000 for the Eastern Band of Cherokee Indians 

for water infrastructure improvements in Cherokee, North 

Carolina; 

312. $1,000,000 for McDowell County, North Carolina for 

water infrastructure improvements; 

313. $100,000 to the Town of East Spencer, North Carolina 

for water and sewer rehabilitation project; 

314. $150,000 to the City of Devils Lake, North Dakota for 

the Devils Lake water line; 

315. $150,000 to the City of Lorain, Ohio for wastewater 

infrastructure improvements; 

316. $150,000 to Butler County, Ohio for the Butler County Waterline; 

1582 

317. $300,000 to the Village of North Baltimore, Ohio for 

the Water Street Combined Sewer Separation Project; 

318. $300,000 to the Village of Hicksville, Ohio for the 

Hicksville Wastewater Treatment Plant Project; 

319. $300,000 to the City of Defiance, Ohio for the Sewer 

Separation Project; 

320. $750,000 to the City of Circleville, Ohio for sewer infrastructure improvements; 

321. $1,000,000 to the Burr Oak Regional Water District 

for water infrastructure improvements in Perry County, Ohio; 

322. $550,000 to Greene County, Ohio for water and 

wastewater infrastructure improvements; 

323. $50,000 to the Logan Elm School District for water infrastructure improvements in Circleville, Ohio; 

324. $220,000 to the Lancaster Campus of Ohio University 

for water infrastructure improvements in Lancaster, Ohio; 

325. $155,000 to Fairfield County, Ohio for water and 

wastewater infrastructure improvements; 

326. $350,000 to the Northeast Ohio Regional Sewer District for the Easterly/Doan Brook Watershed Pollution Abatement Project; 

327. $1,000,000 to the City of Toledo, Ohio for wet weather 

flow and wastewater infrastructure improvements; 

328. $1,000,000 to Ottawa County, Ohio for water infrastructure improvements; 

329. $1,000,000 to the City of Sandusky, Ohio for wastewater infrastructure improvements; 

330. $350,000 to Ashtabula County, Ohio for the Rock 

Creek Village Waterline Extension; 

331. $50,000 to Jackson County, Ohio for water infrastructure improvements; 

332. $550,000 to Guernsey County, Ohio for a water line 

extension; 

333. $500,000 for the St. Mary’s Municipal Government for 

wastewater infrastructure improvements in St. Mary’s, Ohio; 

334. $625,000 for Urbana University in Urbana, Ohio for 

storm drainage and water and sewer line construction; 

335. $500,000 for the Delphos Municipal Government for 

the Tri-County regional water system in Delphos, Ohio; 

336. $550,000 to the Metropolitan Sewer District of Greater Cincinnati for the sanitary sewer overflow demonstration 

project in Cincinnati, Ohio; 

337. $500,000 to the City of Wooster, Ohio for storm water 

infrastructure improvements along Beall Ave; 

338. $500,000 to the Village of Hayesville, Ohio for water 

and wastewater infrastructure improvements; 

339. $500,000 to the City of Canton, Ohio for water infrastructure improvements; 

340. $150,000 for the Trumbull County Sanitary Engineer 

for installation of the Maplewood Park sewer system in Hubbard Township, Ohio; 

341. $250,000 for Columbiana County, Ohio for water infrastructure improvements to the Buckeye Water District; 

1583 

342. $100,000 to the City of Marlow, Oklahoma for water 

and wastewater infrastructure improvements; 

343. $200,000 to the City of Sulpher, Oklahoma for wastewater infrastructure improvements; 

344. $1,000,000 to the City of Seminole, Oklahoma for 

water infrastructure improvements; 

345. $80,000 to the City of Meeker, Oklahoma to refurbish 

the water tower; 

346. $100,000 to Skiatook, Oklahoma for water and sewer 

infrastructure improvements; 

347. $150,000 to the City of Portland, Oregon for water 

and wastewater infrastructure improvements; 

348. $150,000 to the City of Sweet Home, Oregon for 

wastewater infrastructure improvements; 

349. $150,000 to the City of Salem, Oregon for the Peak 

Excess Flow Treatment Facility for Sanitary Sewer Overflows; 

350. $200,000 to the City of Klamath Falls, Oregon for 

wastewater infrastructure improvements; 

351. $150,000 to the City of Rainier, Oregon for wastewater infrastructure improvements; 

352. $1,000,000 to Allegheny County, Pennsylvania for the 

3 Rivers Wet Weather Demonstration Project; 

353. $100,000 to the City of Sharon, Pennsylvania for the 

Budd Street sewer line replacement; 

354. $500,000 to the City of Philadelphia to continue the 

planning, design, and construction of innovative storm-water 

management solutions in Philadelphia, Pennsylvania; 

355. $500,000 to Cheltenham Township, Pennsylvania to 

continue the planning, design, and construction of innovative 

storm-water management solutions; 

356. $250,000 to Beaver Falls Municipal Authority for 

wastewater infrastructure improvements to the Big Beaver 

Treatment Facility in Big Beaver, Pennsylvania; 

357. $250,000 to the City of Harrisburg, Pennsylvania for 

the Harrisburg Advanced Wastewater Treatment Facility; 

358. $350,000 to the Wyoming Valley Sanitary Authority 

in Wyoming Valley, Pennsylvania for the Wyoming Valley 

Combined Sewer Overflow Project; 

359. $200,000 to Ligonier Township, Pennsylvania for the 

Ligonier Township sewage project; 

360. $250,000 for the South Hills Area Council of Governments for the South Hills Area Storm Sewer Project in Allegheny County, Pennsylvania; 

361. $250,000 for the Clarion Area Authority for the Fifth 

Avenue sewer line replacement project in Clarion, Pennsylvania; 

362. $500,000 to the Nelson Township Authority for water 

infrastructure improvements in Nelson, Pennsylvania; 

363. $250,000 to the City of Lancaster, Pennsylvania for 

the water treatment membrane project; 

364. $200,000 for York City Sewer Authority for the Clean 

Water Demonstration Project in York, Pennsylvania; 

1584 

365. $500,000 for the Kulpmont-Marion Heights Joint Municipal Authority in Kulpmont, Pennsylvania for sewer infrastructure improvements; 

366. $4,000,000 for a grant to Puerto Rico for drinking 

water infrastructure improvements to the Metropolitano community water system in San Juan; 

367. $200,000 to the Town of North Smithfield, Rhode Island for water and wastewater infrastructure improvements; 

368. $200,000 to the City of Newport, Rhode Island for 

water and wastewater infrastructure improvements; 

369. $200,000 to the Narragansett Bay Commission in 

Providence, Rhode Island for combined sewer overflow control 

and wastewater improvement project; 

370. $250,000 to the City of Lake Greenwood, South Carolina for water and wastewater infrastructure improvements; 

371. $150,000 to Mount Pleasant Waterworks for the 

Mount Pleasant Waterworks Rural Roads Gravity Wastewater 

Extension Project in Mount Pleasant, South Carolina; 

372. $500,000 to the Myrtle Beach Downtown Redevelopment Corporation for a new storm water drainage system in 

Myrtle Beach, South Carolina; 

373. $750,000 to the Towns of Olar and Govan, South 

Carolina for water infrastructure improvements; 

374. $300,000 to the City of Wellford, South Carolina for 

sewer/wastewater infrastructure improvements; 

375. $400,000 for the Chester County Sewer District for 

wastewater infrastructure improvements in Lando, South 

Carolina; 

376. $200,000 to the Town of Ridgeland, South Carolina 

for the Wagon Branch Water Project; 

377. $125,000 to the City of Franklin, Tennessee for water 

system improvements to the Watson Branch Watershed; 

378. $150,000 to the City of Pikeville, Tennessee for the 

Pikeville/Bledsoe County Water Improvements Project; 

379. $125,000 to the Hampton Utility District in Little 

Milligan/Fish Springs Community, Carter County, Tennessee 

for water infrastructure improvements; 

380. $125,000 to the City of Tusculum, Tennessee for first 

construction phase of a wastewater treatment plant; 

381. $50,000 to the City of Bean Station, Tennessee for 

wastewater infrastructure improvements; 

382. $100,000 for Roane County, Tennessee for water infrastructure improvements; 

383. $200,000 to the Spring City, Tennessee for water and 

sewer line replacement; 

384. $250,000 for Anderson County, Tennessee for water 

infrastructure improvements; 

385. $400,000 to the City of Dayton, Tennessee for 

flocculation and settling basins; 

386. $150,000 for the City of Houston, Texas for water infrastructure improvements; 

387. $250,000 to the City of Liberty Hill, Texas for the Liberty Hill Central City Sewer System Project; 

1585 

388. $75,000 to the Brazos River Authority for the Brazos/ 

Navasota Watershed Management Project in Fort Bend County, Texas; 

389. $100,000 for the Brazos River Authority for the West 

Fort Bend County Regional Water Treatment Facility in Fort 

Bend County, Texas; 

390. $500,000 for the Fort Bend County, Texas for water 

infrastructure improvements; 

391. $350,000 to Bosque County, Texas for water infrastructure improvements; 

392. $250,000 to the City of Weatherford, Texas for water 

infrastructure improvements; 

393. $250,000 to the City of Pharr, Texas for wastewater 

infrastructure improvements; 

394. $150,000 to the City of Alvin, Texas for water infrastructure improvements; 

395. $250,000 for the El Paso Water Utilities for water infrastructure expansion in El Paso, Texas; 

396. $150,000 to the San Antonio Water System for the 

Espada Road Sewer Project in San Antonio, Texas; 

397. $500,000 to the City of Austin, Texas for the nonstructural sanitary sewer overflow prevention project; 

398. $150,000 to Logan City, Utah for water and wastewater infrastructure improvements for Phase I and II of the 

Northwest Park Project; 

399. $250,000 to Smyth County, Virginia for wastewater 

infrastructure improvements; 

400. $300,000 to Hanover County, Virginia for wastewater 

infrastructure improvements; 

401. $150,000 to Fauquier County, Virginia for a sewage 

treatment plant in the Catlett/Calverton area; 

402. $750,000 to Dale Service Corporation in Dale City, 

Virginia for wastewater infrastructure improvements; 

403. $100,000 to the Isle of Wight County, Virginia for 

water infrastructure improvements; 

404. $500,000 to the Town of Halifax, Virginia for water 

infrastructure improvements; 

405. $1,000,000 to Franklin County, Virginia for water infrastructure improvements; 

406. $500,000 to Fluvanna County, Virginia for water infrastructure improvements; 

407. $1,000,000 to the Town of Brookneal, Virginia for 

water infrastructure improvements; 

408. $218,000 to Nelson County, Virginia for water and 

wastewater infrastructure improvements; 

409. $682,000 to Pittsylvania County, Virginia for water 

infrastructure improvements; 

410. $200,000 to the Eastern Shore of Virginia Public 

Service Authority in Northhampton County, Virginia for wastewater infrastructure improvements; 

411. $250,000 to the Government of the Virgin Islands for 

wastewater infrastructure system improvements in St. Croix, 

Virgin Islands; 

1586 

412. $1,000,000 to the City of Alexandria, Virginia and Arlington County for water infrastructure improvements in the 

Four Mile Run watershed; 

413. $150,000 to the City of Chehalis, Washington for 

water infrastructure improvements; 

414. $1,000,000 to the City of Tacoma, Washington for an 

integrated storm water system for Salishan housing development; 

415. $200,000 to the City of Carson, Washington for water 

infrastructure improvements; 

416. $200,000 to the City of Oak Harbor, Washington for 

water infrastructure improvements; 

417. $150,000 to the Town of Uniontown, Washington for 

wastewater infrastructure improvements; 

418. $250,000 to the Town of Ione, Washington for water 

infrastructure improvements; 

419. $150,000 to the City of Lakewood, Washington for the 

American Lake Gardens Industrial Sewer Extension; 

420. $150,000 to the City of Sun Prairie, Wisconsin for 

wastewater infrastructure improvements; 

421. $1,850,000 to the City of Antigo, Wisconsin for water 

and wastewater infrastructure improvements; 

422. $862,000 to the City of Vesper, Wisconsin for water 

and wastewater infrastructure improvements; 

423. $1,500,000 to the City of Boyd, Wisconsin for water 

and wastewater infrastructure improvements; 

424. $100,000 to the Town of Scott, Wisconsin for wastewater infrastructure improvements; 

425. $200,000 to the City of Racine, Wisconsin for water 

infrastructure improvements; 

426. $500,000 to the City of Waukesha, Wisconsin for systems planning and water infrastructure improvements; 

427. $200,000 to the Kanawha County Commission in 

Kanawha County, West Virginia for the Upper Fishers Branch/ 

Guthrie Water Project; 

428. $200,000 to the Braxton County Development Authority for the Curry Ridge Water Line Extension in Curry Ridge, 

West Virginia; 

429. $1,000,000 to the Marshall County Public Service District #4 in West Virginia for water and wastewater infrastructure improvements; 

430. $100,000 to the Jane Lew Public Service District in 

Harrison County, West Virginia for water and wastewater infrastructure improvements; 

431. $1,500,000 to the Pleasants County Public Service 

District in West Virginia for water and wastewater infrastructure improvements; 

432. $480,000 to the Grant County Commission in West 

Virginia to extend water service to the Deep Spring area; 

433. $900,000 to the City of Shinnston in West Virginia for 

water and wastewater infrastructure improvements; 

434. $750,000 to the Town of Pine Grove in West Virginia 

for water and wastewater infrastructure improvements; 

1587 

435. $1,000,000 to City of Fairmont Sanitary Sewer Board 

in West Virginia for water and wastewater infrastructure improvements; 436. $2,374,000 to the City of Petersburg in West Virginia 

for water and wastewater infrastructure improvements; 437. $101,000 to the River Road Public Service District in 

West Virginia to extend water service on National Church Hollow Road; 

438. $935,000 to the Taylor County Public Service District 

in West Virginia for water and wastewater infrastructure improvements; 439. $833,000 to the Taylor County Commission in West 

Virginia for water and wastewater infrastructure improvements; 

440. $1,000,000 to the City of Cameron in West Virginia 

for water and wastewater infrastructure improvements; 441. $55,000 to the Hammond Public Service District in 

West Virginia for the Lazear’s Lane water project; 442. $1,840,000 to the Canaan Valley Institute to work in 

conjunction with the Highlands Action Program for an innovative wastewater demonstration program in Canaan Valley in 

Tucker County, West Virginia; 443. $350,000 to the City of Cheyenne, Wyoming for 

wastewater infrastructure improvements; 444. $800,000 to the Coosa Valley Water Supply District 

for development of a surface water supply in St. Clair County, 

Alabama; 

445. $750,000 to the Utilities Board of the City of Helena 

for water and sewer upgrades and construction in Helena, Alabama; 

446. $600,000 to the Cleburne County Commission in Heflin, Alabama for county water expansion in Cleburne, County, 

Alabama; 

447. $600,000 to the Randolph County Commission in 

Wedowee, Alabama for county water expansion in Randolph 

County, Alabama; 

448. $450,000 to the Blount County Water Authority in 

Oneonta, Alabama for development of a county water supply 

line; 

449. $750,000 to the City of Fort Payne for water and 

sewer improvements in Fort Payne, Alabama; 

450. $250,000 to the West Morgan/East Lawrence Water 

and Sewer Authority in Decatur, Alabama for water and sewer 

improvements; 

451. $300,000 to the Lamar County Commission in 

Vernon, Alabama for the Lamar County Water Supply Project; 

452. $1,000,000 to Girdwood, Inc. for water and sewer expansion in Girdwood, Alaska; 

453. $1,300,000 to the Municipality of Anchorage, Alaska 

for Sand Lake Water Extension; 

454. $300,000 for Matanuska-Susitna Borough, Alaska for 

water wells for Gorsuch Lake; 

455. $1,100,000 for the City of Wasilla, Alaska for sewer 

expansion; 

1588 

456. $750,000 for the City of Valdez, Alaska to replace septic systems with sewers and wells with city water; 

457. $400,000 for the City of Ketchikan, Alaska for Mountain Point Sewer System; 

458. $250,000 for the City of Skagway, Alaska for water 

system upgrades; 

459. $425,000 for the City of Wrangell, Alaska for water 

and sewer upgrades; 

460. $800,000 for the City of Nome, Alaska for water and 

sewer upgrades for Old Federal Building; 

461. $600,000 for the City of Seldovia, Alaska for water 

and sewer upgrades; 

462. $600,000 for the Fort Chafee Redevelopment Authority in Barling/Fort Smith, Arkansas for water infrastructure 

improvements; 

463. $250,000 for City of Fayetteville, Arkansas for wastewater infrastructure improvements; 

464. $300,000 for the Santa Clara Valley Water District, 

California for perchlorate groundwater clean-up; 

465. $300,000 for the Inland Empire Perchlorate Task 

Force in California for the Wellhead Treatment of Perchlorate 

Contaminated Wells; 

466. $400,000 for the City of Santa Ana, California for 

East and West Reservoir Upgrades; 

467. $500,000 for the City of San Jose, California for North 

San Pedro water and sewer infrastructure improvements; 

468. $500,000 for the City of Eureka, California for the 

Martin Slough Interceptor Project; 

469. $200,000 for the Metropolitan Water District of 

Southern California for the City of Ontario Final Design for 

Wellhead Treatment for Perchlorate and Nitrate; 

470. $400,000 for the City of Laguna Beach, California for 

wastewater infrastructure improvements; 

471. $300,000 for the City of Trinidad, Colorado for the 

Trinidad Wastewater Improvement Project; 

472. $250,000 for the Town of Bayfield, Colorado for the 

construction of a water storage tank; 

473. $250,000 for the Mancos Water Conservancy District, 

Mancos, Colorado for water supply facility renovation; 

474. $250,000 for the Town of Idaho Springs, Colorado for 

water distribution facility renovation; 

475. $250,000 for the Town of Eldorado Springs, Colorado 

for improving wastewater treatment; 

476. $950,000 for Ouray, Colorado for water infrastructure 

improvements; 

477. $250,000 for Jefferson County, Colorado for 

stormwater collection system improvements; 

478. $300,000 for the City of Bristol, Connecticut for water 

infrastructure improvements; 

479. $300,000 for the Town of East Hampton, Connecticut 

for drinking water infrastructure improvements; 

480. $250,000 for Stamford, Connecticut for a waste-to-energy project; 

1589 

481. $250,000 for the City of Wilmington, Delaware for 

wastewater infrastructure improvements; 

482. $250,000 for the Town of Ocean View, Delaware for 

wastewater infrastructure improvements; 

483. $300,000 for Key West, Florida for stormwater infrastructure improvements; 

484. $300,000 for the South Florida Water Management 

District Lake Region Water Treatment Plant for water infrastructure improvements; 

485. $250,000 for the Southwest Florida Water Management District in Tampa, Florida for the Tampa Bay Regional 

Reclaimed Water project; 

486. $250,000 to City of Atlanta, Georgia for the west area 

combined sewer project; 

487. $250,000 to City of Eatonton, Georgia for wastewater 

infrastructure improvements; 

488. $250,000 to City of Forsyth, Georgia for wastewater 

infrastructure improvements; 

489. $250,000 for the State of Hawaii for upgrade and expansion of the Sand Island Wastewater Treatment Plant; 

490. $1,000,000 for wastewater infrastructure improvements in Hawaii, to be distributed: $500,000 to the County of 

Hawaii and $500,000 to the Housing and Community Development Corporation of Hawaii; 

491. $2,000,000 for the City of Burley, Idaho, to continue 

work on a Wastewater Treatment System Project; 

492. $1,000,000 for the City of Pocatello, Idaho, for Day 

Street Division Water System Improvements; 

493. $500,000 for the City of Effingham, Illinois for drinking water infrastructure improvements; 

494. $500,000 for the City of Monmouth, Illinois for wastewater infrastructure improvements; 

495. $500,000 for the Village of Olympia Fields, Illinois for 

wastewater infrastructure improvements; 

496. $500,000 for the Village of Franklin Park, Illinois for 

water and wastewater infrastructure improvements; 

497. $1,000,000 for the City of Marion, Indiana for the 

Marion Water Loop and Deer Creek Project; 

498. $100,000 for the City of Southport, Southport/Marion 

County, Indiana for downtown infrastructure and drainage improvements; 

499. $500,000 for the City of Fort Madison, Iowa for the 

Water Treatment Plant Improvements; 

500. $500,000 for the City of West Burlington for the Iowa 

Army Ammunition Plant Improvements; 

501. $1,500,000 for the City of Ottumwa, Iowa for the separation of combined sewers; 

502. $500,000 for the City of Davenport, Iowa for water infrastructure improvements; 

503. $1,000,000 for the City of Abilene, Kansas for construction of a wastewater treatment plant; 

504. $1,500,000 for the City of Hutchinson, Kansas for 

groundwater remediation and treatment projects; 

1590 

505. $2,000,000 for the City of Bowling Green, Kentucky, 

for the South Central Kentucky Water Infrastructure Project; 

506. $750,000 for the Hardin County Water District No. 2 

in Hardin County, Kentucky for a Water Quality Assurance 

Plan and System Improvements Projects; 

507. $500,000 for the City of Elkton, Kentucky, for the 

City of Elkton Sewer Plant Expansion and Sewer Line Extension Project; 

508. $250,000 for Breckinridge County, Kentucky for water 

infrastructure improvements; 

509. $250,000 for Bullitt County, Kentucky for wastewater 

infrastructure improvements; 

510. $250,000 for Calloway County, Kentucky for the City 

of Hazel Wastewater System; 

511. $250,000 for Cadiz-Trigg County, Kentucky for water 

infrastructure improvements; 

512. $250,000 for Marshall County, Kentucky for drinking 

water infrastructure improvements; 

513. $600,000 for Rapides Parish, Louisiana for wastewater infrastructure improvements; 

514. $400,000 for St. Charles Parish, Louisiana for wastewater infrastructure improvements; 

515. $400,000 for Jefferson Parish, Louisiana for water 

and wastewater infrastructure improvements; 

516. $400,000 for the City of Bastrop, Louisiana for wastewater infrastructure improvements; 

517. $400,000 for the City of Hammond, Louisiana for 

wastewater infrastructure improvements; 

518. $400,000 for the City of Grand Isle, Louisiana for 

drinking water infrastructure improvements; 

519. $450,000 for the Greater Limestone Wastewater 

Treatment Facilities in Maine to consolidate and replace antiquated wastewater collection and treatment facilities at the 

Loring Development Authority [LDA] and Caribou Utilities 

District [CUD]; 

520. $250,000 for the Indian Township Tribal Government 

in Maine for the first phase for expansion of current lagoon 

system to provide adequate capacity; 

521. $300,000 for the Town of Machias, Maine for replacement of sewers and completion of deficiencies at existing aging 

wastewater treatment plant; 

522. $250,000 for Chesapeake Beach, Maryland, for wastewater infrastructure improvements; 

523. $250,000 for Indian Head, Maryland, for wastewater 

infrastructure improvements; 

524. $500,000 for Elkton, Maryland, for wastewater infrastructure improvements; 

525. $250,000 for Hurlock, Maryland, for wastewater infrastructure improvements; 

526. $750,000 for Kent Island, Maryland, for wastewater 

infrastructure improvements; 

527. $250,000 for Easton, Maryland, for wastewater infrastructure improvements; 

1591 

528. $750,000 for Cumberland, Maryland, for wastewater 

infrastructure improvements; 

529. $500,000 for Frostburg, Maryland, for wastewater infrastructure improvements; 

530. $250,000 for Brunswick, Maryland, for wastewater infrastructure improvements; 

531. $250,000 for Bristol County, Massachusetts for the 

Bristol County Combined Sewer Overflow Abatement Project; 

532. $250,000 for the Pioneer Valley Planning Commission 

in Massachusetts for combined sewer overflow abatement in 

the Connecticut River; 

533. $1,000,000 for the City of Benton Harbor, Michigan 

for water infrastructure improvements; 

534. $500,000 for Seney Township, Michigan for sewer infrastructure improvements; 

535. $500,000 for the City of Saginaw, Michigan for sewer 

infrastructure improvements; 

536. $1,000,000 for the Macomb County Department of 

Public Works, Michigan for sewer infrastructure improvements; 

537. $150,000 to Minnesota State University in Moorhead 

for water infrastructure improvements; 

538. $300,000 to the City of Duluth, Minnesota for wastewater infrastructure improvements; 

539. $300,000 to the City of Minneapolis, Minnesota for 

combined sewer overflow improvements; 

540. $250,000 for the City of Duluth and Western Lake 

Superior Sanitary District in Duluth, Minnesota for wastewater infrastructure improvements; 

541. $500,000 for Tchula, Mississippi for water and sewer 

infrastructure improvements; 

542. $500,000 for the City of Brookhaven, Mississippi for 

wastewater infrastructure improvements; 

543. $500,000 to the City of Sherman, Mississippi for 

water and sewer infrastructure improvements; 

544. $1,300,000 to the City of Oxford, Mississippi for water 

and sewer infrastructure improvements; 

545. $750,000 to City of Forest, Mississippi for water and 

sewer infrastructure improvements; 

546. $250,000 to the Town of French Camp, Mississippi for 

water and sewer infrastructure improvements; 

547. $1,500,000 to Kansas City, Missouri for water and 

wastewater infrastructure; 

548. $687,500 to the City of Joplin, Missouri for the final 

phase of the Crossroads Parallel Sewer project; 

549. $1,312,500 to the City of Milan, Missouri for the 

Milan Water Quality Treatment Project; 

550. $1,000,000 to the Clarence Cannon Wholesale Water 

Commission to expand the existing water treatment capacity 

from 5 million gallons to 7.5 million gallons per day and to include connecting the Macon County PWSD #1 and the City of 

Wellsville, Missouri to the CCWWC transmission system; 

1592 

551. $1,000,000 to the Environmental Resources Coalition 

in Missouri to mitigate point source pollution issues in distressed communities that border Table Rock Lake; 

552. $1,000,000 to the City of Springfield, Missouri for 

wastewater treatment plant improvements including the design and construction of infrastructure for removal of nitrogen 

from the treated wastewater effluent and improved anaerobic 

digester facilities that treat solids from the wastewater; 

553. $1,000,000 for the City of Bozeman, Montana, for 

water infrastructure improvements; 

554. $1,000,000 for the Missouri River Water Project, Helena, Montana for a water treatment project; 

555. $500,000 for the City of Glasgow, Montana for water 

infrastructure improvements; 

556. $750,000 for the Seeley Lake Sewer District, Montana 

for wastewater infrastructure improvements; 

557. $900,000 for the City of Omaha, Nebraska for the construction of combined sewer separation systems; 

558. $350,000 for the City of Lincoln, Nebraska to upgrade 

the Theresa Street and Northeast Wastewater Treatment 

plants; 

559. $400,000 for Las Vegas Valley Water District/Searchlight, Nevada for water infrastructure improvements; 

560. $400,000 for Clark County Reclamation District/ 

Searchlight, Nevada for wastewater infrastructure improvements; 

561. $250,000 for the City of Reno, Nevada for sewer infrastructure improvements; 

562. $300,000 for the Spanish Springs Nitrate Removal 

Project in Nevada; 

563. $200,000 for the North Valley Lemmon Artificial Recharge Project in North Lemmon Valley, Nevada for water infrastructure improvements; 

564. $250,000 for the Virgin Valley Water District, Nevada 

for water infrastructure improvements; 

565. $200,000 for Carson City, Nevada for reservoir lining; 

566. $600,000 for the Berlin Waterworks in Berlin, New 

Hampshire for drinking water distribution system improvements; 

567. $400,000 for the Nashua Combined Sewer Overflow 

project in Nashua, New Hampshire for CSO treatment and 

abatement; 

568. $400,000 for the New Hampshire Department of Environmental Services to develop a septage treatment facility 

based at the wastewater treatment facility in Franklin, New 

Hampshire; 

569. $200,000 for Troy, New Hampshire for a wastewater 

and water improvement program; 

570. $400,000 for the Manchester Combined Sewer Overflow project in Manchester, New Hampshire; 

571. $200,000 for the Rochester, New Hampshire Route 

108 sewer line extension; 

1593 

572. $150,000 for Somersworth, New Hampshire for the 

sewerage improvement program to provide upgrades to the 

wastewater treatment plant; 

573. $200,000 for Bristol, New Hampshire for wastewater 

system improvements; 

574. $150,000 for Milton, New Hampshire for a water storage tank replacement project; 

575. $600,000 for Town of Exeter, New Hampshire for 

water treatment plant replacement; 

576. $500,000 for the Township of Parsippany-Troy Hills 

in New Jersey for water infrastructure improvements; 

577. $1,250,000 for the City of Bayonne, New Jersey for 

water and wastewater infrastructure improvements; 

578. $1,600,000 for the City of Albuquerque and County of 

Bernalillo, New Mexico, for the Valley Utilities Project; 

579. $1,000,000 for the City of Espanola, New Mexico, for 

water and wastewater treatment infrastructure; 

580. $900,000 for the City of Kirtland, New Mexico, for 

Phase 1 of a sewer system project; 

581. $500,000 for the Village of Los Lunas, New Mexico, 

for the interceptor sewer line project; 

582. $250,000 for the City of Clovis, New Mexico for wastewater infrastructure improvements; 

583. $400,000 for the Town of Babylon, New York for the 

Oak Beach Park Stormwater Management Project; 

584. $300,000 for Orange County Water Authority, Goshen, New York for wastewater infrastructure improvements; 

585. $300,000 for the Town of Plattsburg, New York for 

wastewater infrastructure improvements; 

586. $500,000 for Washington County, North Carolina 

sewer improvements; 

587. $600,000 for the City of Mooresville, North Carolina 

for water infrastructure improvements; 

588. $1,000,000 for the City of Grafton, North Dakota for 

the Grafton Water Treatment Plant; 

589. $500,000 for the City of Devils Lake, North Dakota 

for water infrastructure improvements; 

590. $250,000 for the City of Riverdale, North Dakota for 

the Riverdale Regional Water Treatment Facility; 

591. $250,000 for Dickey Rural Water Users Association in 

Southeast, North Dakota for the Southeast Regional Expansion 

Project; 

592. $250,000 for the City of Mandan, North Dakota for 

drinking water infrastructure improvements; 

593. $300,000 for the Muskingum Watershed Conservancy 

District, Carroll County, Ohio for the Atwood Conference Center Water Treatment Plant Improvements; 

594. $500,000 for the Village of Racine, Meigs County, 

Ohio for water treatment plant improvements; 

595. $750,000 for the City of Celina, Ohio for the Water 

Treatment Plant Project; 

596. $400,000 for City of Akron, Ohio for Combined Sewer 

Overflow Improvements Project; 

1594 

597. $300,000 for City of Parma, Ohio for City Sewer Replacement Project; 

598. $200,000 for Defiance County Commissioners, Defiance and Paulding Counties, Ohio for Auglaize River Sewer 

Project; 

599. $175,000 for Jefferson County Water and Sewer District, Jefferson County, Ohio for Crestview/Belvedere Sewer 

Project; 

600. $175,000 for Tri-County Rural Water and Sewer District, Washington, Morgan and Noble Counties, Ohio for TriCounty/Noble County Water Interconnect Project; 

601. $100,000 for City of Delphos, Allen, Putnam and Van 

Wert Counties, Ohio for Tri-County Regional Water System 

Project; 

602. $100,000 for Village of Corning, Ohio for Wastewater 

System Improvements Project; 

603. $250,000 for City of Warrenton, Oregon for continued 

work on the municipal water outfall; 

604. $250,000 for City of Rainier, Oregon for a wastewater 

treatment plant; 

605. $250,000 for City of Coquille, Oregon for a wastewater treatment plant; 

606. $250,000 for Klamath Falls, Oregon for preliminary 

work on wastewater treatment improvements; 

607. $300,000 for the City of Coburg, Oregon for wastewater infrastructure improvements; 

608. $300,000 for the City of Rainier, Oregon for wastewater infrastructure improvements; 

609. $200,000 for the Municipality of Penn Hills, Pennsylvania, for the Madison Avenue Storm Sewer Project; 

610. $200,000 for the Nesquehoning Borough Authority, 

Carbon County, Pennsylvania, for a water main replacement; 

611. $200,000 for the Mercer County Regional Council of 

Governments, Pennsylvania, for the Shenango Valley Sewer/ 

Water Improvement Project; 

612. $200,000 for the Berwick Industrial Development Association, Berwick, Pennsylvania, for the sanitary storm water 

system; 

613. $200,000 for the City of Johnstown, Pennsylvania for 

water and sewer improvements at the Point Stadium multi-use 

facility; 

614. $1,500,000 for the Three Rivers Wet Weather Demonstration program in Allegheny County, Pennsylvania to develop innovative, cost-effective solutions to assist municipalities to eliminate sewer overflows; 

615. $250,000 for the Derry Township Municipal Authority 

in Hershey, Pennsylvania for wastewater treatment plant upgrades; 

616. $250,000 for the Mercer County Sanitary Sewer and 

Water Treatment project in the City of Hermitage, City of 

Sharon, and Borough of Sharpsville, Pennsylvania; 

617. $250,000 for the City of Lancaster, Pennsylvania for 

water infrastructure improvements; 

1595 

618. $250,000 for the Newport Borough Sewer Authority in 

Newport, Pennsylvania for storm and sewer water separation; 

619. $250,000 for the York City Sewer Authority in York, 

Pennsylvania for wastewater collection system improvements; 

620. $250,000 for Pocono Township in Tannersville, Pennsylvania for the Route 611 Corridor sewer line construction; 

621. $250,000 to the Shannock Water District, Rhode Island for water infrastructure improvements; 

622. $250,000 to the Lincoln Water Commission, Rhode Island for water infrastructure improvements; 

623. $250,000 to the Pawtucket Water Supply Board, 

Rhode Island for water infrastructure improvements; 

624. $250,000 to the Town of North Kingstown, Rhode Island for water infrastructure improvements; 

625. $1,000,000 for the Narragansett Bay Commission, 

Rhode Island for combined sewer overflow infrastructure improvements; 

626. $500,000 for the City of Newport, Rhode Island for 

water infrastructure improvements; 

627. $500,000 for the Town of Warren, Rhode Island for 

sewer infrastructure improvements; 

628. $250,000 for Charleston CPW, Charleston, South 

Carolina for a Wastewater Tunnel Replacement Project; 

629. $250,000 for Kershaw County, Kershaw, South Carolina for the I–20 Corridor Infrastructure Project-Waste Water 

Treatment Plant Expansion; 

630. $800,000 for the Chester Sewer District, South Carolina for water and wastewater infrastructure improvements; 

631. $1,000,000 for Kershaw County, South Carolina for 

wastewater infrastructure improvements; 

632. $1,500,000 for the City of Huron, South Dakota for 

water infrastructure improvements; 

633. $600,000 for the Green Valley Sanitary District, 

South Dakota for water infrastructure improvements; 

634. $400,000 for the City of Tyndal, South Dakota for 

water infrastructure improvements; 

635. $300,000 for Milbank, South Dakota, for wastewater 

infrastructure improvements; 

636. $300,000 for Sisseton, South Dakota, for stormwater 

improvements; 

637. $750,000 for the City of Pikeville and Bledsoe County, 

Pikeville, Tennessee for water infrastructure improvements; 

638. $500,000 for the Watauga River Regional Water Authority, Carter County, Tennessee for planning and construction of regional water infrastructure facilities; 

639. $750,000 for the Walden’s Ridge Water System, Hamilton County, Tennessee for water infrastructure improvements; 

640. $500,000 for the San Antonio Water System, Texas 

for water infrastructure improvements at KellyUSA; 

641. $650,000 for the Lower Rio Grande Morillo Drain Rehabilitation project in the Lower Rio Grande Valley of Texas; 

1596 

642. $800,000 for the Canyon Lakes Water Reuse Project 

in Lubbock, Texas for construction related costs to the water 

system infrastructure; 

643. $350,000 for the Abilene Brekenridge Reservoir 

project in Abilene, Texas for drinking water infrastructure; 

644. $400,000 for the Pharr Wastewater Collection System 

in Pharr, Texas to update the wastewater system infrastructure; 

645. $300,000 for the City of Brekenridge, Texas wastewater and sewer infrastructure project; 

646. $500,000 for the City of Hillsboro, Texas wastewater 

and sewer infrastructure project; 

647. $1,250,000 for the Town of Colchester, Vermont for 

wastewater infrastructure improvements; 

648. $1,000,000 for the Town of Waitsfield, Vermont for 

wastewater infrastructure improvements; 

649. $400,000 for the Fairfax County Water Authority, Virginia for the drinking water infrastructure improvements associated with the Electric Reliability project; 

650. $300,000 for Caroline County, Virginia for the Dawn 

Wastewater Treatment project; 

651. $400,000 for the City of Norfolk, Virginia for the Norfolk Sewer and Water Infrastructure Replacement; 

652. $300,000 for the City of Holladay, Utah, for water infrastructure improvements associated with the Wayman Storm 

Drain Project; 

653. $500,000 for the Magna Water Company an Improvement District, Magna, Utah, for water infrastructure improvements associated with the perchlorate & arsenic treatment 

plant; 

654. $400,000 for the City of Logan, Utah for water infrastructure improvements; 

655. $400,000 for Park City, Utah for water infrastructure 

improvements associated with the Judge and Spiro Tunnel 

treatment plant; 

656. $400,000 for the City of Riverton, Utah for water infrastructure improvements; 

657. $400,000 for the City of Orem, Utah for water infrastructure improvements; 

658. $100,000 for the Jordan Valley Water Conservancy 

District, Utah for the Groundwater Extraction and Treatment 

Remedial Project; 

659. $1,000,000 for Sandy City, Utah for drinking water 

and storm water infrastructure improvements; 

660. $400,000 for the City of Battle Ground, Washington 

for sewer infrastructure improvements; 

661. $750,000 for the Port of Walla Walla, Washington for 

the Burbank Water System improvements; 

662. $500,000 for the City of Kennewick, Washington for 

drinking water infrastructure improvements; 

663. $500,000 for Skamania County Public Utilities District in Carson, Washington for water infrastructure improvements; 

1597 

664. $250,000 for Squaxin Island Tribe in Shelton, Washington for water and wastewater infrastructure improvements; 665. $1,000,000 for the Milwaukee Metropolitan Sewerage 

District in Wisconsin for sewer infrastructure improvements; 666. $1,000,000 for the City of Racine, Wisconsin for water 

infrastructure improvements; and 667. $600,000 for the City of Sun Prairie, Wisconsin for 

water and wastewater infrastructure improvements. 

ADMINISTRATIVE PROVISIONS

The conferees have again this year included an administrative 

provision giving the Administrator specific authority to, in the absence of an acceptable tribal program, award cooperative agreements to federally recognized Indian Tribes or Intertribal consortia 

so as to properly carry out EPA’s environmental programs. 

The conference agreement includes a provision that allows 

EPA to collect certain pesticides fees authorized last year. The conferees have rejected the President’s proposal to reinstate fees prohibited by the same Act and are concerned that EPA is needlessly 

spending time proposing fees and promulgating rules when other 

more productive pesticide work could be completed. 

The conferees have again this year, included a provision that 

for fiscal year 2005 extends the eligibility of brownfield grant recipients to those who purchased properties prior to the enactment 

of the Small Business Liability Relief and Brownfield Revitalization Act of 2001. The conferees have not included a provision that 

would permit the use of certain brownfield grant funds for administrative costs, as the Senate had proposed. 

In addition the conferees included a provision, as proposed by 

the House, which authorizes the agency to collect and use the nonfederal share of the cost of the Great Lakes Legacy Act projects. 

The conferees did not include a provision proposed by the Senate to provide special personnel authority for the Office of Research 

and Development. 

Finally, the conference agreement does not include the provision proposed by the Senate to require EPA to reformat its budget 

justification; however, the conferees urge EPA to continue its current budget justification reformatting process. 

EXECUTIVE OFFICE OF THE PRESIDENT

OFFICE OF SCIENCE AND TECHNOLOGY POLICY

Appropriates $6,379,000, which is $702,000 below the House 

and the Senate. The reduction reflects a cost decrease, at OSTP’s 

request, for security related expenses that are no longer necessary. 

The conferees direct OSTP to assess the cost and manner in 

which all federally funded agencies and entities award and pay 

science grants and stipends. The conferees understand that OSTP 

is currently conducting a similar review. To the extent there are 

differences between OSTP’s review and the requirements in this report language, the conferees direct OSTP to incorporate the additional requirements as part of OSTP’s review. OSTP is directed to 

consult with the House and Senate Committees on Appropriations 

on this assessment. 

1598 

COUNCIL ON ENVIRONMENTAL QUALITY AND OFFICE OF

ENVIRONMENTAL QUALITY

Appropriates $3,284,000 as proposed by the House and the 

Senate. The conference agreement also includes a transfer of 

$1,000,000 to the Office of Environmental Quality Management 

Fund, with which the conferees direct CEQ, in coordination with 

the U.S. Fish and Wildlife Service and other agencies as appropriate, to contract with the National Academy of Sciences within 60 

days of enactment to conduct a study of the environmental, including landscape/viewshed, impacts of wind energy projects in the 

Mid-Atlantic Highlands. This study is to conclude with appropriate 

recommendations, such as viewshed and other criteria, regarding 

the siting of wind turbines in the Mid-Atlantic Highlands and 

should be submitted to the Committees no later than December 

2005. 

FEDERAL DEPOSIT INSURANCE CORPORATION

OFFICE OF INSPECTOR GENERAL

Appropriates $30,125,000 for the Office of Inspector General, 

as proposed by the House instead of $30,625,000 as proposed by 

the Senate. Funds for this account are derived from the Bank Insurance Fund, the Savings and Loan Insurance Fund, and the 

FSLIC Resolution Fund and are therefore not reflected in either 

the budget authority or budget outlay totals. 

GENERAL SERVICES ADMINISTRATION

FEDERAL CITIZEN INFORMATION CENTER FUND

Appropriates $14,907,000 as proposed by the House and the 

Senate. 

UNITED STATES INTERAGENCY COUNCIL ON HOMELESSNESS

OPERATING EXPENSES

Appropriates $1,500,000 for the United States Interagency 

Council on Homelessness as proposed by the House and the Senate. 

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

The joint explanatory statement of the managers herein reflects the agreement of the conferees on NASA programs and activities. The operative funding levels for programs and activities 

are those funding levels specified in this joint explanatory statement of the managers. Where no funding level is specified, NASA 

is directed to make a final determination of funding level for fiscal 

year 2005 and is required to notify the Congress under the established operating plan procedures of the Committees on Appropriations of the House and Senate. The conferees direct NASA not to 

charge any administrative expenses to congressionally directed 

spending on specific projects. These costs should be absorbed within the funding provided. 

The conferees note that the House had requested a report from 

NASA documenting the reconciliation and correction of discrepVerDate Aug 04 2004 07:33 Dec 01, 2004 Jkt 096906 PO 00000 Frm 01602 Fmt 6601 Sfmt 6601 E:\HR\OC\HR792.XXX HR792
1599 

ancies between NASA’s fund balance and the U.S. Treasury’s reported balances as of September 30, 2003. NASA has not yet satisfied the reporting requirement specified in the House report, even 

though the report was due on September 30, 2004, over 45 days 

ago. NASA is directed to expeditiously complete the requested report and formally submit it to the Committees on Appropriations 

of the House and Senate. Included in the report should be an explanation of any outstanding discrepancies and potential remedies. 

As part of the proposed exploration vision, NASA will begin to 

phase-out existing programs in order to accommodate the vision. 

These plans must be clearly identified in order for NASA to 

smoothly transition older programs to make way for missions associated with the vision. As part of this process, the conferees direct 

NASA to include in all future budget justifications the phase-out 

schedules and any out-year termination dates of its programs. 

The conferees direct the National Academy’s Space Studies 

Board to conduct a thorough review of the science that NASA is 

proposing to undertake under the space exploration initiative and 

to develop a strategy by which all of NASA’s science disciplines, including Earth science, space science, and life and microgravity 

science, as well as the science conducted aboard the International 

Space Station, can make adequate progress towards their established goals, as well as providing balanced scientific research in addition to support of the new initiative. This study should be completed no later than March 15th, 2005. 

The conferees have included substantial funding for the space 

exploration initiative, but to date there has been no substantive 

Congressional action endorsing the initiative. The conferees note 

that the initiative is a very long-term endeavor and will require 

tens of billions of dollars over the next two decades. As such, the 

initiative deserves and requires the deliberative benefit of the Congress. To this end, the conferees call upon the appropriate Committees of jurisdiction of the House and Senate for action to specifically endorse the initiative and provide authorization and guidance. 

NASA is directed to forward a comprehensive package of authorization legislation for consideration by the 109th Congress. 

The conferees are concerned that the current implementation 

plans for the new vision do not properly address the requirements 

for the heavy lift capability that may be necessary to carry out the 

space exploration initiative. A complete review of such plans must 

be conducted prior to embarking fully upon the implementation of 

the initiative. In order to assess heavy lift capability needs, NASA 

shall report to the Committees on Appropriations of the House and 

Senate, no later than 180 days from the date of enactment of this 

Act, regarding NASA’s heavy lift capability needs and plans to 

meet those needs immediately and in the future. NASA is encouraged to look at concepts currently being developed in the Falcon 

program with DARPA that could have an impact on future heavy 

lift program development. 

The conferees are concerned about the implications of full cost 

accounting procedures on the operation of NASA’s wind tunnels. 

Rates charged to U.S. airframe, engine and component manufacturers are significantly higher than facilities in Europe. The conferees 

are concerned that the impact of such high fees will drive U.S. comVerDate Aug 04 2004 07:33 Dec 01, 2004 Jkt 096906 PO 00000 Frm 01603 Fmt 6601 Sfmt 6601 E:\HR\OC\HR792.XXX HR792
1600 

panies and jobs overseas and result in the closing of NASA’s wind 

tunnels. Therefore, the conferees direct NASA to restructure the 

fees charged for use of the agency’s wind tunnels to make them 

competitive with rates charged overseas and report back to the 

Committees on Appropriations of the House and Senate by March 

1, 2005 on their plan to restructure the fee system. Furthermore, 

the conferees prohibit NASA from closing any wind tunnels during 

fiscal year 2005. 

The conferees agree with the direction in the Senate report 

that NASA is to include the out-year budget impacts on all operating plan proposals. The operating plan and all resubmissions also 

shall include a separate accounting of all program/mission reserves. 

The conferees agree with the Senate direction that NASA shall 

provide appropriate funds for the completion of the current NAPA 

review of NASA’s organizational, programmatic, and personnel 

structures, including funds to review the recently announced NASA 

organization transformation and the recommendation contained in 

the Aldridge report for NASA to consider conversion of some NASA 

centers to Federally Funded Research and Development Centers. 

The conferees are concerned that that sole source contracting 

can stifle competition and discourage new investment in space-related activities and should be avoided as much as practicable. The 

conferees direct NASA to submit to the Committees on Appropriations of the House and Senate, each intention by NASA to enter 

into a sole source contract no later than 10 days before a contract 

is awarded; this requirement shall apply to all new contracts and 

contract modifications of more than $500,000 where a new contractor is involved or a new activity is added to an existing contract. 

The conferees agree that from within the funding provided, 

$291,000,000 is to be used for a servicing mission to the Hubble 

Space Telescope. The conferees believe a successful servicing mission to Hubble should be one of NASA’s highest priorities and have 

provided a substantial increase in funding to accomplish this goal. 

The conferees direct NASA to report to the Committees on Appropriations of the House and Senate on the status of their plan to 

service Hubble and the recommendations of the National Academy 

of Sciences within 90 days of enactment of this Act. 

Finally, the conferees note that NASA has requested and the 

conferees have provided unrestrained transfer authority between 

the Exploration Capabilities account and the Science, Aeronautics, 

and Exploration account. The conferees have taken this action because NASA needs flexibility as it completes its transition to full 

cost accounting. While this transfer authority can be used for purposes other than addressing full cost accounting issues, NASA is 

cautioned to do so with restraint. 

SCIENCE, AERONAUTICS AND EXPLORATION

(INCLUDING TRANSFER OF FUNDS)

Appropriates $7,742,550,000 for science, aeronautics and exploration, instead of $7,621,169,000 as proposed by the House and 

$7,936,500,000 as proposed by the Senate. The Senate proposal included $200,000,000 in emergency funding. 

1601 

The Federal investments in aeronautics research and development have delivered countless economic and societal benefits to the 

nation over the years. Challenges in dealing with the projected 

growth in air traffic as well as the need to reduce significantly the 

adverse environmental impacts of future aircraft will require that 

NASA remain deeply engaged in aeronautics research and development. The conferees direct NASA to develop a prioritized set of aeronautics goals through 2020, along with the annual funding requirements associated with achieving each goal. The plan should be 

provided to the Committees within 120 days. As part of NASA’s investments in this area, the conferees direct NASA to provide 

$25,000,000 for Intelligent Propulsion System Foundation Technologies (Propulsion 21) to continue research by the existing coalition of NASA, state government, industry, and academia. The conferees have included $28,200,000 for the National 

Space Grant College and Fellowship program. This amount is an 

increase of $9,100,000 to the fiscal year 2005 budget request. The 

amount provided will fund 40 states at $575,000 each and 12 states 

at $350,000 each as well as $1,000,000 for administrative expenses. The conferees have included $12,000,000 for the Experimental 

Program to Stimulate Competitive Research (EPSCoR). The 

amount provided is $7,400,000 above the budget request of 

$4,600,000 and will fund the fourth year of current five-year research grants. 

The conferees note the overall success of the Science, Engineering, Mathematics and Aerospace Academies program and direct 

NASA to fund the core program at no less than $4,800,000 in fiscal 

year 2005. The conferees have provided $10,000,000 for the Lunar Recon- naissance Orbiter [LRO], a reduction of $60,000,000 from the budget request. NASA should continue with its announcement of opportunity for scientific instruments with these funds. However, in establishing the criteria for instrument selection, not less than 25 

percent of the LRO’s scientific instrumentation funding should be 

explicitly dedicated to building instruments focused solely on answering basic science questions. The conferees are concerned that 

the lunar measurement investigations to be carried out by the LRO 

mission, intended to characterize future robotic and human lunar 

landing sites, will forgo the opportunity for research and focus only 

on applied engineering assessments. The current proposed announcement of opportunity focuses solely on the human exploration 

objectives of the potential mission. Since the LRO is allocated 

against NASA’s space science budget, the conferees believe that 

fundamental lunar science questions should be addressed in a significant fashion through instruments on this spacecraft. The conferees encourage NASA, as part of the LRO development, to consider the research instrumentation opportunities as well as technology qualification, navigation and communications capabilities, 

and resource identification technologies to maximize the opportunities of this first lunar mission. 

The conferees share the concern of the Senate with regard to 

the proposed reductions to the Living With a Star [LWS] program 

and provide $681,100,000 for the program. To meet the original 

goals of the LWS program, which the Congress has endorsed, the 

1602 

conferees are providing an additional $35,000,000 for the LWS 

theme in 2005 to be allocated as follows: $5,000,000 for the solar 

probe mission; $15,000,000 to begin implementation of Geospace 

and $5,000,000 for preliminary studies of solar sentinels; and 

$10,000,000 for Solar Terrestrial Probes for continued development 

of the Magnetospheric Multiscale (MMS) mission. Furthermore, the 

conferees agree with the Senate direction that NASA is to develop 

a plan to guarantee launch of Geospace and Solar Dynamic Observatory within one year of each other with solar sentinels to follow 

in a reasonable time thereafter. 

The conferees agree to provide $2,000,000 for establishment of 

a NASA program office at the Applied Physics Laboratory [APL] for 

the purpose of administering all existing contracts between NASA 

and APL, including those under the LWS Program. The APL program office will report directly to the Associate Administrator for 

Science. 

The conferees agree with the Senate direction that NASA is directed to undertake a detailed study of the feasibility for a New 

Horizons II mission, to be launched within the near-term, if the 

study results can justify the scientific return for such a follow-on 

mission, at a price considerably less than the original New Horizons mission. Such a study should have its results submitted to the 

Committee on Appropriations by April 15, 2005. 

The conferees do not agree with the direction in the Senate report calling for the transfer of 10 FTE from the Office of the Associate Administrator for Science to the NASA field centers responsible for management of the Discovery and New Frontiers programs. NASA is directed to expeditiously address the concerns 

raised in the Senate report. 

The conferees direct NASA to select competitively some of the 

scientific instruments for the Terrestrial Planet Finder mission as 

directed by the Senate. The conferees provide $15,000,000 for this 

effort. 

The conferees agree to an increase of $15,000,000 above the 

President’s request for fiscal year 2005 for the NASA Earth Science 

Applications Program. This funding increase will be used to support competitively-selected applications projects. These projects will 

integrate the results of NASA’s earth observing systems and earth 

system models (using observations and predictions) into decision 

support tools to serve applications of national priority including, 

but not limited to, Homeland Security, Coastal Management, Agriculture Efficiency, Water Management and Disaster Management. 

The conferees are supportive of continuation of the ECS/EMD 

Synergy Program, reflecting the success of NASA’s EOS Data Information System [EOSDIS] and its core system [ECS]. The conferees 

are providing $15,000,000 for Synergy in fiscal year 2005 with 

$1,500,000 for the Battelle Pacific Northwest Laboratory’s 

Infomart; not more than $1,500,000 to support the transition of 

Synergy Infomart activities to the ESE Application Division to be 

administered through a Cooperative Agreement [CAN] that will 

focus these funds toward meeting the needs of State, local and tribal governments; and $12,000,000 through the EOSDIS Maintenance and Development Contract to support an extension of the 

Synergy Data Pools to improve data distribution to climate change 

1603 

models, expansion of data distribution to the user community and 

development of a pilot project using grid computing technology. 

The conferees remain supportive of NASA’s Columbia Project 

to upgrade its supercomputing capacity, but insists that NASA’s 

total supercomputing capability should not reside at one location to 

protect the Agency from a potential single point of failure for mission critical and safety of flight analyses. Therefore, the conferees 

have provided $5,000,000 from within funds projected for the Columbia project to upgrade the Goddard Space Flight Center’s Center for Computational Science [NCCS] to guarantee that it serves 

as NASA’s backup supercomputing center with tier 1 system 

backup and disaster recovery functions, including full transfer capability in the event of a failure of the principal supercomputer facility. 

Based on the success of the X–43 program, the conferees are providing $25,000,000 to continue design work being conducted for 

the X–43c as a follow-on to the X–43a program. The conferees encourage joint NASA and Air Force cooperation and collaboration in 

advancement of aeronautics technologies in the National interest. 

The conferees agree to the following specific funding increases 

in addition to any increases mentioned above: 

Space Science 

An increase of $250,000 for the Detroit Science Center; 

An increase of $150,000 for the Coca-Cola Space Science Center in Columbus, Georgia to support the Space Science Center; An increase of $2,100,000 for continued development of a lightweight carrier pallet to increase NASA’s payload capacity for space 

shuttle servicing missions; An increase of $500,000 for the Sacramento Space Science Center at California State University; An increase of $1,000,000 for telescope construction at the Pisgah Astronomical Research Center; An increase of $1,000,000 for University of Idaho for RTULP 

Electronics for Space Applications; 

An increase of $1,000,000 for Utah State University in Logan, 

Utah for the Calibration Center; 

An increase of $300,000 to the University of Missouri at Rolla 

for the Advanced Millimeter Wave Inspection System program; 

An increase of $3,000,000 to New Mexico State University for 

the ultra-long balloon program to augment planned flights and 

technology development; 

An increase of $1,500,000 to Montana State University to purchase clean room systems and basic process equipment related to 

the microdevice fabrication facility; 

An increase of $1,000,000 for Texas Tech University Experimental Sciences Initiative, Lubbock, Texas to promote advanced 

and interdisciplinary research; 

An increase of $1,000,000 to the Southern Methodist University Multifab Facility in Dallas, Texas to develop multifabrication 

manufacturing technology; 

An increase of $1,000,000 to the University of Arkansas, Fayetteville, Arkansas for the Arkansas-Oklahoma Center for Space 

and Planetary Sciences; 

1604 

An increase of $1,500,000 to Montana State University-Bozeman for the Center for Studying Life in Extreme Environments; An increase of $2,500,000 to Marshall University in Bridgeport, West Virginia for the continuation of NASA related composites workforce development training at the Composites Technology 

Institute; and 

An increase of $1,750,000 to the University of Maryland, Baltimore County for photonics research. 

Earth Science 

An increase of $500,000 to the Friends of the Museum of Natural Sciences in Raleigh, North Carolina for NASA Earth Science 

integration planning; An increase of $500,000 for continuation of emerging research 

that applies remote sensing technologies to forest management 

practices at the State University of New York, College of Environmental Sciences and Forestry; An increase of $1,000,000 for the Advanced Interactive Discovery Environment engineering research program at Syracuse 

University; An increase of $3,000,000 for the Regional Application Center 

for the Northeast; 

An increase of $15,900,000 for the Institute for Scientific Research, Inc. for development and construction of research facilities; An increase of $1,500,000 for on-going activities of the Goddard 

Institute for Systems, Software, and Technology Research, including mission design tools, Earth Science analysis, and remote sensing instrumentation development; An increase of $1,000,000 for the Goddard Space Flight Center’s Clustering and Advanced Visual Environments Initiative; An increase of $1,000,000 for the University of San Francisco 

Center for Science and the Environment; 

An increase of $500,000 for hyper spectral remote sensing research and development at the Desert Research Institute; 

An increase of $400,000 for Space Place; 

An increase of $4,500,000 for the implementation of a remote 

data storage capability at the NASA IV&V Facility. Appropriated 

funds are for augmenting available data storage capacities; expanding remote data storage capabilities to the Goddard Space Flight 

Center and a second DAAC; and communications, facility and integration services at the IV&V Facility to support data backup, recovery, and on-line access capabilities for the Goddard Space Flight 

Center (GSFC) ECS program; 

An increase of $3,000,000 to be transferred to the Air Force 

Research Laboratory to begin development of miniature synthetic 

radar technology; 

An increase of $1,500,000 for Integrated Sensing Systems at 

the Rochester Institute of Technology; 

An increase of $3,500,000 for Little River Canyon Field School; 

An increase of $390,000 for Pearl River Community College in 

Mississippi for remote sensing, geographic information system and 

GPS training; 

An increase of $1,000,000 for Idaho State University for the 

Temporal Landscape Change Research program; 

1605 

An increase of $3,000,000 for the University of Alaska for 

weather and ocean research; 

An increase of $1,000,000 to Utah State University in Logan, 

Utah for the Intermountain region Digital Image Archive and Processing Center; An increase of $750,000 for the University of Northern Iowa 

for the GeoTREE project; An increase of $1,000,000 for the University of Texas MidAmerican Geospatial Information Center at the UT Center for 

Space Research in Austin, Texas to continue information collection 

through satellite imaging; An increase of $500,000 to the Liberty Science Center, Jersey 

City, New Jersey for the Hudson Harbor and Estuary Ecological 

Learning Center; An increase of $750,000 to the University of Connecticut for 

the Center for Land Use and Education Research; 

An increase of $750,000 to the University of Vermont, Burlington for the Center for Advanced Computing; An increase of $5,400,000 for the Wallops Island Flight Facility 

to be used for developing a standard small launch vehicle, universal FTS, doppler radar and launch modeling laboratory; An increase of $2,000,000 to the University of North Dakota in 

Grand Forks for the Northern Great Plains Space Sciences and 

Technology Center; and An increase of $2,000,000 to upgrade the High End Production 

Capability at the Goddard Space Flight Center to improve climate 

and weather research capabilities. 

Biological and Physical Research 

An increase of $3,000,000 for space radiation research at the 

Loma Linda University Medical Center; An increase of $500,000 for the Northwestern University Institute for Proteomics and Nanobiotechnology; An increase of $400,000 for Musculoskeletal Simulator for Injuries at the Cleveland Clinic; 

An increase of $1,250,000 for the Michigan Research Institute; 

An increase of $600,000 to the MCNC–Research and Development Institute (RDI) for continued funding for a Laboratory for 

Distributed Chemical and Biological Sensors; 

An increase of $500,000 for gravitational space biology research at North Carolina State University; 

An increase of $3,000,000 for the National Center of Excellence 

in Bioinfomatics in Buffalo, New York; 

An increase of $1,000,000 for the Central New York Biotechnology Research Center in Syracuse, New York; 

An increase of $900,000 for the State University of New York 

Downtown Medical Center in Brooklyn, New York for the Advanced 

Biotechnology Incubator project; 

An increase of $1,500,000 to the University of Missouri at Columbia for the National Center for Gender Physiology studies on 

basic biomedical knowledge for the improvement of life on earth 

and solution of problems in human space flight; 

An increase of $5,000,000 to the Marshall Space Flight Center 

for propulsion materials microgravity research; 

1606 

An increase of $2,000,000 for the Alliance for Nanohealth, 

Houston, Texas to purchase equipment and conduct research on 

Nanotechnology and medicine; An increase of $2,000,000 for the University of Louisville Space 

Flight Exploration: The Impact on Perception, Cognition, Sleep and 

Brain Physiology Project at the University of Louisville in Louisville, Kentucky; An increase of $1,000,000 to the National Technology Transfer 

Center at Wheeling Jesuit University to transfer and adapt the 

Walter Reed Army Medical Center’s HealthForces program, into 

medically underserved rural areas; An increase of $1,000,000 to the State University of Buffalo 

Center for Bioinformatics, Erie, New York; 

An increase of $3,000,000 to the Inland Northwest Space Alliance in Montana for the FreeFlyer program; and An increase of $750,000 to the University of Montana in Missoula, Montana for the National Space Privatization Program. 

Aeronautics 

An increase of $350,000 for Validated Probabilistic Lifting 

Tools; 

An increase of $500,000 for the Michigan Small Aircraft Transportation System; An increase of $3,000,000 for the Virginia Institute for Performing Engineering and Research; An increase of $700,000 to the Virtual Systems Laboratory of 

the National Aviation Technology Center, School of Aviation, 

Dowling College, New York; An increase of $1,700,000 for the University of Toledo Turbine 

Institute; 

An increase of $600,000 to the Research Triangle Institute, 

International for Synthetic Vision Systems/Combined Vision Systems; 

An increase of $2,100,000 for Research on Advanced Wireless 

Communications for Airport Applications; 

An increase of $2,700,000 to research Secure Automatic Dependent Surveillance Broadcast (ADS–B) Surveillance data link 

technology for enhanced aviation security and general aviation airspace access; 

An increase of $5,000,000 for Project SOCRATES; 

An increase of $1,000,000 for the National Aviation Technology 

Center at Dowling College, New York; 

An increase of $500,000 for the development of an Aircraft 

Radio Guidance System (ARGUS) utilizing a new radio frequency 

interferometer that will provide two or three dimensional navigation guidance for airborne, space or surface vehicles; 

An increase of $1,000,000 for the development of a Research 

Flight Computing System in support of the NASA Dryden Flight 

Research Center’s Altair/Predator B UAV Technology Demonstrator Project; 

An increase of $7,500,000 for the Hydrogen Research Initiative; 

An increase of $1,000,000 to the Applied Polymer Technology 

Extension Consortium for research on polymers; 

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An increase of $850,000 for the Florida Institute of Technology 

in Melbourne, Florida for its Hydrogen, Fuel Cell & Sensor Technology Initiative; 

An increase of $2,300,000 to the University of Missouri at 

Rolla for Aerospace Propulsion Particulate Emissions Reduction 

Program; 

An increase of $1,000,000 for the National Institute of Aviation 

Research in Kansas for icing research; 

An increase of $2,000,000 to Wichita State University in Wichita, Kansas for the National Center for Advanced Materials Performance for composite materials research; 

An increase of $1,000,000 for the Glenn Research Center for 

the National Center for Communications, Navigation and Surveillance; 

An increase of $4,000,000 for the Glenn Research Center for 

the commercial technology program; 

An increase of $1,000,000 to Iowa State University for the Center for Nondestructive Evaluation; and 

An increase of $3,000,000 to Chesapeake Information Based 

Aeronautics Consortium. 

Education 

An increase of $500,000 to the State of Alabama for the Alabama Math, Science, and Technology Initiative; 

An increase of $250,000 for the Education Training Center at 

the U.S. Space and Rocket Center; 

An increase of $2,000,000 to the Educational Advancement Alliance, to support the Alliance’s K–12 math, science, and technology 

education enrichment program; 

An increase of $400,000 for Albany State University/Darton 

College in Albany, Georgia for the Science, Engineering, Math and 

Aerospace Academy program; 

An increase of $250,000 for South Georgia Technical College in 

Americus, Georgia for the Science, Engineering, Math and Aerospace Academy program; 

An increase of $250,000 for Albany State University in Albany, 

Georgia for project ‘JumpStart’ for a Math, Science Education Enhancement program for pre-college students; 

An increase of $250,000 for the Georgia Project/ABAC College, 

Tifton, Georgia to implement a K–12 program for Hispanic students in science, engineering, math and aerospace in SW Georgia 

who struggle with English as a Second Language; 

An increase of $400,000 for the University System of Georgia— 

Board of Regents, Atlanta, Georgia for purchase and implementation of a pre-testing software for math and science educational and 

career-related standardized test; 

An increase of $100,000 for Georgia Southwestern College in 

Americus, Georgia for grants and scholarships in math and science 

for students implemented through the Multicultural Affairs Program; 

An increase of $4,000,000 for a new Science Center at St. 

Bonaventure’s University in New York State; 

An increase of $2,000,000 for the JASON Foundation; 

1608 

An increase of $300,000 for a Science, Technology, Engineering, and Mathematics Center at Tennessee Tech University, 

Cookeville, Tennessee; 

An increase of $250,000 for Hollins University for upgrades to 

its science infrastructure; 

An increase of $250,000 for the University of New England 

Marine Science Center; 

An increase of $500,000 for the Liberty Science Center; 

An increase of $350,000 for Aerospace Education Center in 

Cleveland, Ohio; 

An increase of $200,000 for Morehouse College in Atlanta, 

Georgia to support the technology center; An increase of $1,000,000 for National Center for Air and 

Space Law at the University of Mississippi; An increase of $1,000,000 for Tennessee Technological Institute 

for the development of a Challenger Learning Center; An increase of $500,000 for the Christa McAuliffe Planetarium 

in New Hampshire for the construction of the Alan Shepard Discovery Center; An increase of $500,000 to Southeast Missouri State University 

for the NASA–ERC Initiative; 

An increase of $1,000,000 to the Texas A&M Space Engineering Institute in College Station, Texas to continue minority engineering outreach in conjunction with NASA; An increase of $1,000,000 to Northern Kentucky University/ 

University of Louisville for the Taking Astronomy to the Schools 

Project at Northern Kentucky University in Campbell County, Kentucky; An increase of $750,000 for the US Space and Rocket Center 

in Huntsville, Alabama for education training equipment and the 

museum exhibit improvement program. An increase of $250,000 for Sci-Quest, Northern Alabama 

Science Center for the interactive immersive-reality science laboratory; 

An increase of $750,000 to the Delaware Aerospace Education 

Foundation in Kent County, Delaware; 

An increase of $500,000 to the Chabot Space and Science Center in Oakland, California for The Future for Humans in Space 

Education Program; 

An increase of $250,000 for Dominican University, San Rafael, 

California for the Center for Science and Technology for science 

teacher training and education; 

An increase of $250,000 to Rowan University, Pomona, New 

Jersey for the Engineering and Technology Satellite Campus; 

An increase of $250,000 to the Museum of Science and Industry in Chicago, Illinois for the Henry Crown Space Center; 

An increase of $250,000 to Glendale Community College, California for the Cimmarusti Science Center’s Teacher Training and 

Science Education Outreach Program; 

An increase of $500,000 to the Science Center of Iowa in Des 

Moines, Iowa; 

An increase of $2,000,000 for improvements to the Cooper Library at the University of South Carolina, Columbia, South Carolina; 

1609 

An increase of $2,000,000 to the College of Charleston, South 

Carolina for the School of Science and Mathematics; 

An increase of $1,000,000 to the Boston Museum of Science, 

Massachusetts for the National Center for Technology Literacy; 

An increase of $750,000 to Space Education Initiative, Wisconsin for the Wisconsin Aerospace Education Initiative; 

An increase of $1,750,000 to the Mitchell Institute, Portland, 

Maine for educational purposes; 

An increase of $1,000,000 to the Virginia Air and Space Museum, Norfolk, Virginia; 

An increase of $750,000 for the Griffith Observatory, Los Angeles, California; and 

An increase of $4,000,000 to the University of Hawaii, Hilo for 

the Mauna Kea Astronomy Education Center; 

EXPLORATION CAPABILITIES

(INCLUDING TRANSFER OF FUNDS)

Appropriates $8,425,850,000 for exploration capabilities, instead of $7,496,800,000 as proposed by the House and 

$8,411,100,000 as proposed by the Senate. The Senate proposal included $600,000,000 in emergency funding. 

The conferees agree that the space shuttle remains the cornerstone of our Nation’s heavy launch capability and is critical to the 

future of the International Space Station and scientific research. 

Therefore, the conferees have provided $4,319,200,000 for the space 

shuttle program, the same as the level within the request of the 

administration. Should additional resource needs associated with 

return-to-flight activities arise during this fiscal year, the regular 

order of the budget process allows for the Administration to submit 

a supplemental request for funding, which would be given full and 

fair consideration by Congress. Alternatively, NASA has flexibility 

under established operating plan procedures with the Committees 

on Appropriations of the House and Senate to propose funding adjustments to augment the budget for the space shuttle as necessary, contingent on Congressional approval of the proposed 

changes. The conferees believe that returning the shuttle fleet to 

flight, the first step in the Space Exploration Initiative, should be 

NASA’s highest priority. 

Within the funds provided, the conferees direct $10,000,000 for 

the Propulsion Research Laboratory at Marshall Space Flight Center to perform non-nuclear research on spacecraft engine systems 

that support nuclear thermal propulsion development. The conferees direct NASA to ensure that NASA facilities are utilized to 

the greatest extent possible by the Department of Energy in its role 

as a contractor for NASA under the Project Prometheus program. 

The conferees do not agree with the termination of the commercial programs within the Innovative Technology Transfer Partnerships (ITTP) program as proposed in the budget submission, 

and have therefore provided an increase of $30,000,000 to this appropriation for the express purpose of continuing the commercial 

programs, including the activities of both NASA and associated 

personnel, as they existed in fiscal year 2003 and prior fiscal years. 

The conferees notes that the National Academy of Public AdminisVerDate Aug 04 2004 07:33 Dec 01, 2004 Jkt 096906 PO 00000 Frm 01613 Fmt 6601 Sfmt 6601 E:\HR\OC\HR792.XXX HR792
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tration (NAPA) has completed the first phase of an analysis of the 

ITTP program, which highlights a number of weaknesses that reduce the program’s effectiveness at spin-in and spin-out of technology. The conferees direct NASA to fully address the recommendations of phases I and II of the NAPA study in the context 

of future budget submissions. The conferees support maintaining a 

vigorous ITTP program at NASA and strongly support maintaining 

the spin-out of NASA technology to the commercial world as an integral part of the program. 

The conferees agree with direction contained in the Senate report that as soon as the Shuttle is available to provide access to 

the ISS, NASA is to provide the Committees on Appropriations of 

the House and Senate with a plan detailing the steps necessary to 

complete construction of the ISS. This plan may include completion 

of the ISS by only using the shuttle, or a combination of shuttle 

and unmanned flights for delivering components to the ISS. The 

cost implications associated with the revised schedule must be included in the plan that is submitted to the Committees within 30 

days after the successful return-to-flight of the shuttle program. 

The report should also contain a timeline, in conjunction with the 

construction timetable for the ISS, for the eventual transition to a 

new manned launch vehicle. 

The conferees are prepared to commit funds for development of 

a Crew Exploration Vehicle [CEV], but remain concerned that 

there has not been enough initial planning to determine what specific capabilities the CEV should have. The determination of the 

right capabilities should naturally come from a carefully thoughtout plan and goals, which have yet to emerge from the implementation of the space exploration initiative. The current plan offered by 

NASA resembles a work-in-progress, rather than a firm definition 

of what is necessary to accomplish missions to the ISS, as well as 

future manned missions. The conferees expect NASA to provide a 

report to the Committees on Appropriations of the House and Senate that details the criteria and developmental goals the CEV must 

meet to accomplish the missions envisioned by NASA within 60 

days of enactment of this Act. The report shall also include the internal and independent procedures that will be in place to ensure 

that the CEV will stay within its budget throughout its development. 

As NASA begins to consider another manned vehicle program, 

the conferees do not want a repeat of the mistakes of the International Space Station, where poor management and lack of independent oversight resulted in major cost overruns. At this early 

stage in the development of the CEV, it is essential that these mistakes be avoided. Therefore, the conferees direct the Administrator 

of NASA to identify an independent oversight committee capable of 

examining the design, technology readiness, and most importantly 

the cost estimates for the CEV. The Administrator shall use available funds within the Exploration Capabilities account to provide 

sufficient resources for this independent committee. The chosen 

oversight committee shall report to the Administrator and the 

Committees on Appropriations of the House and Senate annually 

on their findings and recommendations. 

1611 

The conferees have agreed to provide $10,000,000 for the Centennial Challenges program, subject to passage of authorizing legislation. NASA is to directed to submit a detailed implementation 

plan for this program to the Committees on Appropriations of the 

House and Senate as soon as practicable. 

The conferees recognize that modeling and simulation will 

have an important role in assessing the overall system development and performance in the Space Exploration Initiative and provide $3,000,000 for this purpose. The conferees believe that simulated integrated systems, including testing and evaluation, will 

substantially reduce the total development costs of future space 

transportation systems by formulating and validating program requirements and by identifying and mitigating program risks as 

early as possible in the development process. The conferees direct 

the Office of Exploration Systems to develop and implement an integrated system simulation strategy to take full advantage of modeling, simulation, and evaluation tools. 

The conferees direct NASA to keep the Committees on Appropriations of the House and Senate informed, in writing, of any 

movement of funds related to the shuttle program, as well as including the out-year impacts on all activities involved in the funding shifts. Finally, the conferees expect regular consultations by 

NASA on all proposed changes to investments in the Shuttle program. These consultations should occur before program decisions 

are finalized. 

The conferees agree to the following specific funding increases 

in addition to any increases mentioned above: An increase of $400,000 for the Glennan Microsystems Commercialization Initiative; 

An increase of $300,000 for Garrett Morgan Commercial; 

An increase of $900,000 for Simulation based acquisition for 

manned space flight vehicle, design and testing, MSFC; An increase of $150,000 to the Technology Research & Development Authority of Central Florida for continuing investment in 

IT, and security technologies; 

An increase of $2,000,000 for the Idaho National Engineering 

and Environmental Laboratory for development of performance, 

safety, and mission success tools for NASA programs; 

An increase of $250,000 to the Alabama A&M University for 

Advanced Propulsion Materials Research; 

An increase of $500,000 for the Nano and Micro Devices Laboratory at the University of Alabama in Huntsville; 

An increase of $6,000,000 for the continuation of the Space Alliance Technology Outreach Program for business incubators in 

Florida and New York; 

An increase of $1,000,000 for the National Center of Excellence 

in Wireless and Information Technology Programs at Stony Brook 

University, New York; 

An increase of $1,000,000 for the National Center of Excellence 

in Small Scale Systems Packaging at the State University of New 

York at Binghamton; 

An increase of $2,500,000 for NASA’s Independent Verification 

and Validation Facility, of which $800,000 is available for continuation of the Code Level Metrics Data Program; $400,000 is availVerDate Aug 04 2004 07:33 Dec 01, 2004 Jkt 096906 PO 00000 Frm 01615 Fmt 6601 Sfmt 6601 E:\HR\OC\HR792.XXX HR792
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able for continuation of IV & V of Neural Nets; and $400,000 is 

available for Software Legacy Research; 

An increase of $600,000 to the MCNC-Research and Development Institute (RDI) for continued funding for a Laboratory for 

Distributed Chemical and Biological Sensors; 

An increase of $1,000,000 for Cryogenic Power Electronics Development at the State University of New York at Albany; 

An increase of $200,000 for the National Center for Communication Navigation, and Surveillance at Glenn Research Center; 

An increase of $400,000 for COM Simulation Architecture; 

An increase of $300,000 for the Bowling Green State University Hybrid Engine project; 

An increase of $500,000 to the University of Alabama in 

Huntsville for a Space Flight Guidance, Navigation, and Control 

Test Bed; 

An increase of $3,000,000 for the National Center of Excellence 

in Infotonics in Rochester, New York; 

An increase of $3,000,000 for the Computing, Information and 

Communications Technology Program (CICT) for High Information 

Density Approaches to Mobile Broadband Internet Communications; 

An increase of $3,000,000 to the Mobile Broadband Network 

project, a joint effort between NASA and the Air Force Research 

Laboratory; 

An increase of $3,000,000 to be transferred to the Air Force 

Research Laboratory to continue joint research between NASA and 

the Air Force on emerging areas of computing including grid computing, quantum and biomolecular information processing technology; 

An increase of $4,000,000 for the Stennis Space Center for the 

commercial technology program; 

An increase of $4,000,000 for the Marshall Space Flight Center 

for the commercial technology program; 

An increase of $750,000 to Purdue University in West Lafayette, Indiana for the Advanced Manufacturing Institute; 

An increase of $2,000,000 to Wheeling Jesuit University, West 

Virginia for continued operation of the National Technology Transfer Center; 

An increase of $1,000,000 to the University of New Orleans, 

Louisiana for the Composites Research Center of Excellence and for 

the development of advanced metallic joining technologies at 

Michoud Space Center; 

An increase of $1,750,000 to the University of Maryland, College Park for the nanotechnology institute; and 

An increase of $2,000,000 to the SSME program office at Marshall for development of a knowledge management integrated data 

environment. 

OFFICE OF INSPECTOR GENERAL

Appropriates $31,600,000 for the Office of Inspector General as 

proposed by the Senate, instead of $31,400,000 as proposed by the 

House. The amount provided includes $3,800,000 to conduct 

NASA’s annual audit of NASA’s financial statements. 

1613 

The conferees remain concerned that NASA needs to reform its 

contracting process to ensure timely delivery of both services and 

hardware. The conferees direct the NASA Inspector General to 

issue a list of contracting ‘trouble’ areas with recommendations to 

address these areas. The conferees understand that this is no easy 

project, but expects NASA and the NASA IG to respond to these 

concerns with a package of proposed contracting reforms that can 

begin to be implemented in fiscal year 2005. 

ADMINISTRATIVE PROVISIONS

The conferees have included three administrative provisions 

included in both the House and Senate bills. In addition, the conferees agree to language proposed by the Senate allowing the use 

of funds for prizes and language allowing for the transfer of funds 

between the exploration capabilities account and the science, aeronautics, and exploration account subject to established operating 

plan procedure. The conferees further agree to language proposed 

by the Senate as a General Provision, with some modifications, 

which will have the effect of incorporating projects and activities 

into the text of the bill by reference. 

NATIONAL CREDIT UNION ADMINISTRATION

CENTRAL LIQUIDITY FACILITY

Provides limitation of $1,500,000,000 on CLF lending activities 

from borrowed funds as proposed by the House and Senate. 

COMMUNITY DEVELOPMENT REVOLVING LOAN FUND

Appropriates $1,000,000 as proposed by the House and the 

Senate. Within this amount, $800,000 is provided for technical assistance to low-income and community development credit unions. 

Funds are available for two years as proposed by the House. The 

Senate had proposed that funds be available until expended. The 

conferees reiterate language proposed by the Senate encouraging 

NCUA to continue to develop technical assistance in rural areas. 

NATIONAL SCIENCE FOUNDATION

The conferees agree that the language included in House Report 108–674 and Senate Report 108–353 is to be complied with 

unless specifically addressed to the contrary in this conference report and the statement of the managers. 

The conferees agree that the National Science Foundation is to 

abide by the reprogramming requirements set forth in the House 

report requiring prior Committee approval for any transfers in excess of $500,000 or any change that could be construed as policy 

or a change in policy, instead of $250,000 as proposed in the Senate 

report. 

The conferees agree that the National Science Foundation is to 

present its fiscal year 2006 budget justification submission in the 

traditional appropriations account structure with detailed information on program, project and activity funding levels and all proposed changes. The Foundation is directed not to format or integrate its strategic themes of ‘‘People,’’ ‘‘Tools,’’ and ‘‘Ideas’’ into the 

1614 

detailed appropriations justifications but instead may provide them 

as supplementary information. The conferees direct the Foundation 

to submit a template for its fiscal year 2006 budget justification to 

the Committees on Appropriations of the House and Senate that 

complies with this direction no later than December 15, 2004. 

RESEARCH AND RELATED ACTIVITIES

Appropriates $4,254,593,000 for research and related activities instead of $4,151,745,000 as proposed by the House and 

$4,402,320,000 as proposed by the Senate. 

The conferees agree to continue funding for the costs of Foundation employees hired under the Intergovernmental Personnel 

Agreements (IPA) Act under this account instead of consolidating 

funding for such costs under the Salaries and Expenses account as 

proposed by the House. New language is included to limit the 

amount available for such purposes to the amount requested in the 

Foundation’s budget for fiscal year 2005. 

The conferees have included bill language that provides up to $350,000,000 for polar research and operations support, as proposed by the House and $95,000,000 for a comprehensive research 

initiative on plant genomes for economically significant crops, as 

proposed by the Senate. Language is also included as proposed by 

the Senate and carried in previous years regarding distribution of 

funding against statutory minimum and maximum levels. The 

House did not include similar language. Language proposed by the 

Senate is not included authorizing the payment of travel expenses 

from this account. The House did not include similar language as 

requested in the budget. The conferees understand that deletion of 

this language will not impact travel costs associated with Foundation staff hired under the IPA Act since such costs are eligible to 

be funded under this account. 

Notwithstanding the language in the House and Senate reports 

designating the allocation of funds, the conferees have agreed that 

the allocation among programs and directorates is to be determined 

by the Director of the Foundation, unless specifically noted herein. 

The Foundation is to submit its proposed operating plan to the 

Committees on Appropriations of the House and the Senate within 

sixty days of enactment of this Act that addresses the Foundation’s 

highest research priorities. In developing this plan, the Foundation 

is urged to maintain the proper balance between interdisciplinary 

research and single-issue research in core disciplines. The conference agreement provides $95,000,000 for plant genome research on economically significant crops as proposed by the 

Senate. The House did not address this matter. 

The conferees do not object to the allocation of not to exceed $6,000,000 for continued planning and design for the National Ecological Observatory Network if the Director of the Foundation determines such funding is warranted. The conferees reiterate the 

language in the House report regarding the National Research 

Council’s recommendations regarding this project. The conferees 

concur that funding provided may be used for a new class of 

Science and Technology Centers if the Director of the Foundation 

determines such funding is warranted when measured against 

other priorities within the agreed upon total for this account. 

1615 

The conferees do not object to the allocation of not to exceed $5,000,000 for completion of a design and development study for 

the Giant Segmented Mirror Telescope if the Director of the Foundation determines such funding is warranted based upon private 

sector interest and commitment, other astronomical science needs, 

and subject to approval by the National Science Board. 

The conference agreement does not provide any funding for the 

new Workforce for the 21st Century program. The Foundation is 

encouraged to work with the Committees to develop a more refined 

and descriptive proposal for future consideration. 

The conference agreement does not provide any funding for a 

new Innovation Fund. 

The conferees understand that discussions between the National Science Foundation and the Smithsonian Institution are ongoing and have been productive. With respect to Smithsonian researchers’ access to NSF funding, the Committees expect the Foundation to treat any proposal submitted by non-Federal employees 

of the Smithsonian whose salaries are not part of appropriated accounts in the same manner as any academic proposal. 

The conferees reiterate the direction in the Senate report requiring NSF to include multi-year budget estimates and future 

budget impacts for multi-disciplinary and mid-level activities in the 

annual operating plan and in future budget requests. 

MAJOR RESEARCH EQUIPMENT AND FACILITIES CONSTRUCTION

Appropriates $175,050,000 for major research equipment and facilities construction instead of $208,200,000 as proposed by the 

House and $130,420,000 as proposed by the Senate. Included within the appropriated amount is $49,700,000 for construction of the 

Atacama Large Millimeter Array aperture-synthesis radio telescope; $47,350,000 for EarthScope; $48,000,000 for continued research and development of the IceCube Neutrino Detector Observatory in Antarctica; $15,000,000 for the Integrated Ocean Drilling 

Program (IODP); and $15,000,000 for the Rare Symmetry Violating 

Processes Program. 

Funding for the NEON program is addressed under the Research and Related Activities account. 

EDUCATION AND HUMAN RESOURCES

Appropriates $848,207,000 for education and human resources instead of $842,985,000 as proposed by the House and 

$929,150,000 as proposed by the Senate. 

The conferees agree to continue funding for the costs of Foundation employees hired under the Intergovernmental Personnel 

Agreements (IPA) Act under this account instead of consolidating 

funding for such costs under the Salaries and Expenses account as 

proposed by the House. New language is included to limit the 

amount available for such purposes to the amount requested in the 

Foundation’s fiscal year 2005 budget. Language is also included as 

proposed by the Senate and carried in previous years regarding distribution of funding against statutory minimum and maximum levels. The House did not include similar language. 

The conferees agree to the following funding levels and directives within this account: 

1616 

Program FY 2005 

request House Senate Conference agreement 

Math & Science Partnership .......................................... $80,000,000 $82,500,000 $110,000,000 $80,000,000 

EPSCoR ........................................................................... 84,000,000 94,440,000 95,000,000 94,440,000 

Elementary, Secondary & Informal Education ............... 172,750,000 175,457,000 187,750,000 183,412,000 

Undergraduate Education .............................................. 158,850,000 160,301,000 162,430,000 154,905,000 

Graduate Education ....................................................... 173,880,000 155,950,000 173,880,000 155,950,000 

Human Resources Development .................................... 107,940,000 115,343,000 126,060,000 119,500,000 

Research, Evaluation & Communication ....................... 73,940,000 64,494,000 73,940,000 60,000,000 

Within this level of funding for Elementary, Secondary and In- formal Education, $63,565,000 has been provided for the Informal 

Science program. 

Of the amount appropriated for Undergraduate Education, $45,500,000 is for the Advanced Technological Education program; 

$25,485,000 is for the STEM Talent Expansion Program (STEP); 

and $7,950,000 is for the Robert Noyce Scholarship Program. No 

funds are provided for the Workforce for the 21st Century program. 

Within the funding level for Human Resource Development, $35,300,000 is provided for the Louis Stokes Alliances for Minority 

Participation program; $25,420,000 is provided for the Historically 

Black Colleges and Universities Undergraduates (HBCU) Program; 

$14,910,000 is provided for the Alliance for Graduate Education 

and the Professoriate; $16,000,000 is provided for the Centers of 

Research Excellence in Science and Technology (CREST) program 

and HBCU Research University Science and Technology (THRUST) 

initiative within CREST; $2,510,000 is provided for Model Institutions for Excellence; and $9,920,000 is provided for Tribal Colleges. 

While the conferees agree that eligibility for THRUST should not 

exclude CREST recipients, NSF is directed to first use fiscal year 

2005 program funds to fully fund multi-year awards to recipients 

of THRUST. 

SALARIES AND EXPENSES

Appropriates $225,000,000 for salaries and expenses instead of 

$249,970,000 as proposed by the House and $269,000,000 as proposed by the Senate. 

At the request of the Foundation, the conferees have agreed to 

continue funding the costs of personnel employed by the Foundation under the Intergovernmental Personnel Act (IPA’s) under the 

‘‘Research and Related Activities’’ and the ‘‘Education and Human 

Resources’’ appropriations accounts. These costs have been set 

within each account at $25,954,000 and $5,500,000, respectively. 

No funding has been included in the ‘‘Salaries and Expenses’’ account for this purpose. The conferees note that the $31,454,000 provided for the IPA program in fiscal year 2005 is approximately a 

10 percent increase over the fiscal year 2004 level for the program. 

The conferees are pleased that the Director has assured the Committees that the cost of the IPA program will be shown in a more 

transparent way in future budget submissions. As a part of this 

process the conferees expect the fiscal year 2006 budget justification materials to include a single consolidated schedule showing all 

personnel costs for the Foundation. 

The conference agreement provides sufficient resources to 

maintain existing staffing levels at the Foundation. Within the 

1617 

total amount provided for this account, the Director may, at his 

discretion, devote additional resources to address permanent staffing at the agency and address computer system needs, particularly 

for the FastLane system. 

The conferees reiterate the direction in the Senate report regarding staffing support to the Deputy Director of Large Facilities 

and expect the fiscal year 2005 operating plan to identify the actions taken regarding this matter. 

OFFICE OF THE NATIONAL SCIENCE BOARD

Appropriates $4,000,000 for the National Science Board as proposed by the Senate, instead of $3,950,000 as proposed by the 

House. 

OFFICE OF INSPECTOR GENERAL

Appropriates $10,110,000 for the Office of Inspector General as 

proposed by both the House and the Senate. 

The conferees request that the IG conduct a review of the portion of the Foundation’s total budget devoted to administrative and 

other overhead expenses and how these costs compare to similar 

costs at other large research agencies. 

NEIGHBORHOOD REINVESTMENT CORPORATION

PAYMENT TO THE NEIGHBORHOOD REINVESTMENT CORPORATION

Appropriates $115,000,000 for the Neighborhood Reinvestment 

Corporation as proposed by both the House and Senate. 

Language is included in the bill which designates $5,000,000 

to support the Corporation’s multi-family rental housing program, 

as proposed by the Senate. 

SELECTIVE SERVICE SYSTEM

SALARIES AND EXPENSES

Appropriates $26,300,000 for salaries and expenses as proposed by both the House and Senate. The conferees are in agreement that the Selective Service System should not use any of its 

funds to support the Corporation for National and Community 

Service. 

WHITE HOUSE COMMISSION ON THE NATIONAL MOMENT OF

REMEMBRANCE

Appropriates $250,000 for this account as proposed by the 

House. The Senate did not include a similar provision but instead 

included funding in another bill. 

TITLE IV—GENERAL PROVISIONS 

The conference agreement includes the following dispositions of 

General Provisions: 

Retains sixteen general provisions proposed by both the House 

and the Senate, all of which were included in the fiscal year 2004 

Act. 

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Includes modified language, similar to language proposed by 

the House and the Senate, amending Section 313 of the National 

Space Act of 1958 to implement new appropriations accounts. 

Retains language proposed by the House and the Senate regarding outreach and marketing efforts to enroll veterans in the 

Veterans Health Administration. 

Retains language proposed by the Senate expressing a Sense 

of the Congress that no veteran should wait more than thirty days 

for a doctor’s appointment. The House did not include similar language. 

Retains language proposed by the Senate prohibiting the use 

of any NASA funds to be used for voluntary separation incentive 

payments if those incentives result in the loss of skills related to 

the safety of the Space Shuttle or the International Space Station. 

The House did not include similar language. 

Retains language proposed by the Senate recognizing the six 

Pioneer Homes in Alaska as eligible for per diem payments under 

the Department of Veterans Affairs state home program. The 

House did not include similar language. 

Retains language proposed by the House and the Senate related to benefits to families of astronauts of the Space Shuttle Columbia. 

Retains language proposed by the Senate to amend a provision 

included in the fiscal year 2004 Act regarding the regulation of engines under 50 horsepower. The House did not include similar language. 

Deletes language proposed by the House providing for expansion of the NASA enhanced use lease demonstration program. The 

Senate did not include similar language. 

Deletes language under this title proposed by the Senate regarding NASA expenditure of funds and instead includes the provision under NASA Administrative Provisions. The House did not include similar language. 

Deletes language proposed by the Senate prohibiting the use of 

funds in this or any other Act to implement section 338 of the Department of the Interior appropriations bill. The House did not include similar language. 

Deletes language proposed by the Senate amending section 

1502 of the Farm Security and Rural Investment Act of 2002. The 

House did not include similar language. 

Adds a provision appropriating funds for the reconstruction of 

Pier 86 in New York City. 

Adds a provision providing compensation funds to the Department of Veterans Affairs. 

Adds a provision exempting the Village of Chickasaw, Ohio 

from section 102(g)(2) of the Housing and Community Development 

Act of 1974. 

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Insert graphic folio 802/3616 HR792.197
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Insert graphic folio 802/3617 HR792.198
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Insert graphic folio 802/3618 HR792.199
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Insert graphic folio 802/3619 HR792.200
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Insert graphic folio 802/3620 HR792.201
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Insert graphic folio 802/3621 HR792.202
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Insert graphic folio 802/3622 HR792.203
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Insert graphic folio 802/3623 HR792.204
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Insert graphic folio 802/3624 HR792.205
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Insert graphic folio 802/3625 HR792.206
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Insert graphic folio 802/3626 HR792.207
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Insert graphic folio 802/3627 HR792.208
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Insert graphic folio 802/3628 HR792.209
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Insert graphic folio 802/3629 HR792.210
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Insert graphic folio 802/3630 HR792.211
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Insert graphic folio 802/3631 HR792.212
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Insert graphic folio 802/3632 HR792.213
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Insert graphic folio 802/3633 HR792.214
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Insert graphic folio 802/3634 HR792.215
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Insert graphic folio 802/3635 HR792.216
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CONFERENCE TOTAL—WITH COMPARISONS

The total new budget (obligational) authority for the fiscal year 

2005 recommended by the Committee of Conference, with comparisons to the fiscal year 2004 amount, the 2005 budget estimates, 

and the House and Senate bills for 2005 follow: 

[In thousands of dollars] 

New budget (obligational) authority, fiscal year 2004 ........................ $127,683,430 

Budget estimates of new (obligational) authority, fiscal year 2005 131,436,824 

House bill, fiscal year 2005 ................................................................... 132,238,084 

Senate bill, fiscal year 2005 .................................................................. 134,238,029 

Conference agreement, fiscal year 2005 .............................................. 132,869,084 

Conference agreement compared with: 

New budget (obligational) authority, fiscal year 2004 ................ +5,185,654 

Budget estimates of new (obligational) authority, fiscal year 

2005 .............................................................................................. +1,432,260 

House bill, fiscal year 2005 ............................................................ +631,000 

Senate bill, fiscal year 2005 ........................................................... ¥1,368,945 

DIVISION J—OTHER MATTERS 

TITLE I—MISCELLANEOUS PROVISIONS AND OFFSETS 

Sec. 101. The conference agreement provides $230,000,000 for 

the weatherization assistance program of the Department of Energy. 

Sec. 102. The conferees have included a new general provision 

which amends section 1201(a) of Public Law 108–375. 

Sec. 103. The conference agreement includes language in section 103 amending Public Law 108–335 the District of Columbia 

Appropriations Act, 2005 to allow the following: (1) Permits the 

District of Columbia Department of Transportation to allocate 

funds from the rights-of-way fund for road, sidewalk, and alley repairs; (2) makes technical corrections to section 340(a) dealing with 

charter school lease guarantees; (3) repeals section 342(a) and (b) 

dealing with charter school conversions; (4) modifies section 342(c) 

dealing with the leasing and acquisition of surplus property by 

charter schools; and (5) makes technical corrections to section 347 

dealing with charter school contracting. 

Sec. 104. The conferees include a new provision requiring the 

Coast Guard to transfer up to $40,000,000 from the Rescue 21 

project to the HH–65 re-engining project. The Rescue 21 project is 

experiencing significant delays due to software and technical difficulties. The HH–65 re-engining project is a critical safety issue. 

The Coast Guard has indicated that additional funding is required 

to accelerate the re-engining project and complete the work by the 

end of calendar year 2006. Bill language requires the Coast Guard 

to notify the House and Senate Committees on Appropriations 15 

days prior to the transfer occurring. 

Sec. 105. The conferees include a new provision extending the 

authorization of the National Pre-Disaster Mitigation program to 

December 31, 2005. 

Sec. 106. The conferees include a new provision clarifying how 

funding shall be spent by the Transportation Security Administration’s maritime and land security program in fiscal year 2005. 

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Sec. 107. The conference agreement includes the following 

technical correction to the Military Construction Appropriations 

Act, 2005: 

Mississippi 

Navy: Gulfport, Vehicle Maintenance Facility .................................... ¥$4,350,000 

Naval Reserve: Gulfport, Vehicle Maintenance Facility ..................... +4,350,000 

Sec. 108. The conferees agree to include a new general provision, section 108, which provides the Department of the Navy with 

$2,000,000 to acquire an historic vessel, with Coast Guard registration number 225115. 

Sec. 122. The conference agreement includes a 0.83 percent 

across-the-board rescission to discretionary budgetary resources 

provided in fiscal year 2005 regular appropriations Act (except Defense, Military Construction, and Homeland Security), as well as to 

any previously enacted fiscal year 2005 advance appropriation and 

to any contract authority subject to limitation. 

TAPS QUALITY BANK

Congress has concerns regarding the Federal Energy Regulatory Commission Administrative Law Judge’s decision dated August 31, 2004 in Docket No. OR89–2–017; Docket No. OR96–14– 

006; Docket No. OR98–24–002; Docket No. ISO3–137–001; Docket 

No. ISO3–141–001; Docket No. ISO3–142–001; Docket No. ISO3– 

143–001; Docket No. ISO3–144–001. Considering the specific equities of this case, the general importance of continued domestic refinery activity in order to protect national fuel supplies and the 

need to limit business uncertainty associated with the use of the 

Trans Alaska Pipeline System, Congress expects the Federal Energy Regulatory Commission to evaluate carefully the disputed 

Resid valuation and related retroactive Resid refund matter affecting the TAPS Quality Bank Adjustments. Except where the parties 

have otherwise stipulated, Congress is particularly concerned about 

the equity of assigning retroactive refunds beyond a term of 15 

months. 

1641 

The term ‘‘TAPS Quality Bank Adjustments’’ means monetary 

adjustments paid by or to shippers of oil on the Trans Alaska Pipeline System through the operation of a quality bank to compensation for the value of the shippers’ oil commingled in the pipeline. 

JIM KOLBE, 

JOE KNOLLENBERG, 

JERRY LEWIS, 

ROGER F. WICKER, 

HENRY BONILLA, 

DAVID VITTER, 

MARK STEVEN KIRK, 

ANDER CRENSHAW, 

BILL YOUNG, 

RALPH REGULA, 

DAVID L. HOBSON, 

STEVEN R. ROTHMAN, 

Managers on the Part of the House. 

MITCH MCCONNELL, 

THAD COCHRAN, 

JUDD GREGG, RICHARD C. SHELBY, ROBERT F. BENNETT, BEN NIGHTHORSE CAMPBELL, CHRISTOPHER S. BOND, MIKE DEWINE, TED STEVENS, Managers on the Part of the Senate. 

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