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

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

[[Page 118 STAT. 2809]]

Public Law 108-447
108th Congress

                                 An Act

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

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Consolidated Appropriations Act, 
2005''.

SEC. 2. TABLE OF CONTENTS.

    The table of contents for this Act is as follows:

Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. References.
Sec. 4. Statement of appropriations.

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

Title I--Agricultural Programs
Title II--Conservation Programs
Title III--Rural Development Programs
Title IV--Domestic Food Programs
Title V--Foreign Assistance and Related Programs
Title VI--Related Agencies and Food and Drug Administration
Title VII--General Provisions

DIVISION B--DEPARTMENTS OF COMMERCE, JUSTICE, AND STATE, THE JUDICIARY, 
              AND RELATED AGENCIES APPROPRIATIONS ACT, 2005

Title I--Department of Justice
Title II--Department of Commerce and Related Agencies
Title III--The Judiciary
Title IV--Department of State and Related Agency
Title V--Related Agencies
Title VI--General Provisions
Title VII--Rescissions
Title VIII--Patent and Trademark Fees
Title IX--Oceans and Human Health Act

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

Title I--Department of Defense--Civil
Title II--Department of the Interior
Title III--Department of Energy
Title IV--Independent Agencies
Title V--General Provisions
Title VI--Reform of the Board of Directors of the Tennessee Valley 
           Authority

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

Title I--Export and Investment Assistance

[[Page 118 STAT. 2810]]

Title II--Bilateral Economic Assistance
Title III--Military Assistance
Title IV--Multilateral Economic Assistance
Title V--General Provisions

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

Title I--Department of the Interior
Title II--Related Agencies
Title III--General Provisions
Title IV--Urgent Wildland Fire Suppression Activities
Title V--General Reduction

    DIVISION F--DEPARTMENTS OF LABOR, HEALTH AND HUMAN SERVICES, AND 
        EDUCATION, AND RELATED AGENCIES APPROPRIATIONS ACT, 2005

Title I--Department of Labor
Title II--Department of Health and Human Services
Title III--Department of Education
Title IV--Related Agencies
Title V--General Provisions

         DIVISION G--LEGISLATIVE BRANCH APPROPRIATIONS ACT, 2005

Title I--Legislative Branch Appropriations
Title II--General Provisions

DIVISION H--TRANSPORTATION, TREASURY, INDEPENDENT AGENCIES, AND GENERAL 
                   GOVERNMENT APPROPRIATIONS ACT, 2005

Title I--Department of Transportation
Title II--Department of the Treasury
Title III--Executive Office of the President and Funds Appropriated to 
           the President
Title IV--Independent Agencies
Title V--General Provisions
Title VI--General Provisions

   DIVISION I--DEPARTMENTS OF VETERANS AFFAIRS AND HOUSING AND URBAN 
     DEVELOPMENT, AND INDEPENDENT AGENCIES APPROPRIATIONS ACT, 2005

Title I--Department of Veterans Affairs
Title II--Department of Housing and Urban Development
Title III--Independent Agencies
Title IV--General Provisions

                        DIVISION J--OTHER MATTERS

Title I--Miscellaneous Provisions and Offsets
Title II--225th Anniversary of the American Revolution Commemoration Act
Title III--Rural Air Service Improvement Act of 2004
Title IV--L-1 Visa and H-1B Visa Reform Act
Title V--National Aviation Heritage Area Act
Title VI--Oil Region National Heritage Area Act
Title VII--Mississippi Gulf Coast National Heritage Area Act
Title VIII--Federal Lands Recreation Enhancement Act
Title IX--Satellite Home Viewer Extension and Reauthorization Act of 
           2004
Title X--Snake River Water Rights Act of 2004

                       DIVISION K--SMALL BUSINESS

SEC. 3. REFERENCES. <<NOTE: 1 USC 1 note.>> 

    Except as expressly provided otherwise, any reference to ``this 
Act'' contained in any division of this Act shall be treated as 
referring only to the provisions of that division.

SEC. 4. STATEMENT OF APPROPRIATIONS.

    The following sums in this Act are appropriated, out of any money in 
the Treasury not otherwise appropriated, for the fiscal year ending 
September 30, 2005.

[[Page 118 STAT. 2811]]

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

                                 TITLE I

                          AGRICULTURAL PROGRAMS

                  Production, Processing, and Marketing

                         Office of the Secretary

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

                          Executive Operations

                             Chief Economist

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

                        National Appeals Division

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

                  Office of Budget and Program Analysis

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

                         Homeland Security Staff

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

                 Office of the Chief Information Officer

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

                      Common Computing Environment

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

[[Page 118 STAT. 2812]]

Plan of the county-based agencies, and shall be with the concurrence of 
the Department's Chief Information Officer.

                  Office of the Chief Financial Officer

    For necessary expenses of the Office of the Chief Financial Officer, 
$5,742,000: Provided, That the Chief Financial Officer shall actively 
market and expand cross-servicing activities of the National Finance 
Center: Provided further, That no funds made available by this 
appropriation may be obligated for FAIR Act or Circular A-76 activities 
until the Secretary has submitted to the Committees on Appropriations of 
both Houses of Congress and the Committee on Government Reform of the 
House of Representatives a report on the Department's contracting out 
policies, including agency budgets for contracting out.

                          Working Capital Fund

    For the acquisition of disaster recovery and continuity of 
operations technology of the National Finance Center's data, 
$12,850,000, to remain available until expended.

           Office of the Assistant Secretary for Civil Rights

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

                         Office of Civil Rights

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

          Office of the Assistant Secretary for Administration

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

        Agriculture Buildings and Facilities and Rental Payments

                     (including transfers of funds)

    For payment of space rental and related costs pursuant to Public Law 
92-313, including authorities pursuant to the 1984 delegation of 
authority from the Administrator of General Services to the Department 
of Agriculture under 40 U.S.C. 486, for programs and activities of the 
Department which are included in this Act, and for alterations and other 
actions needed for the Department and its agencies to consolidate 
unneeded space into configurations suitable for release to the 
Administrator of General Services, and for the operation, maintenance, 
improvement, and repair of Agriculture buildings and facilities, and for 
related costs, $163,870,000, to remain available until expended: 
Provided, <<NOTE: Notice.>> That not to exceed 5 percent of amounts 
which are made available for space rental and related costs for the 
Department of Agriculture in this Act may be transferred between such 
appropriations to cover the costs of new or replacement space 15 days 
after notice thereof is transmitted to the Appropriations Committees of 
both Houses of Congress.

[[Page 118 STAT. 2813]]

                     Hazardous Materials Management

                     (including transfers of funds)

    For necessary expenses of the Department of Agriculture, to comply 
with the Comprehensive Environmental Response, Compensation, and 
Liability Act (42 U.S.C. 9601 et seq.) and the Resource Conservation and 
Recovery Act (42 U.S.C. 6901 et seq.), $15,532,000, to remain available 
until expended: Provided, That appropriations and funds available herein 
to the Department for Hazardous Materials Management may be transferred 
to any agency of the Department for its use in meeting all requirements 
pursuant to the above Acts on Federal and non-Federal lands.

                       Departmental Administration

                     (including transfers of funds)

    For Departmental Administration, $22,626,000, to provide for 
necessary expenses for management support services to offices of the 
Department and for general administration, security, repairs and 
alterations, and other miscellaneous supplies and expenses not otherwise 
provided for and necessary for the practical and efficient work of the 
Department: Provided, That this appropriation shall be reimbursed from 
applicable appropriations in this Act for travel expenses incident to 
the holding of hearings as required by 5 U.S.C. 551-558.

      Office of the Assistant Secretary for Congressional Relations

                     (including transfers of funds)

    For necessary salaries and expenses of the Office of the Assistant 
Secretary for Congressional Relations to carry out the programs funded 
by this Act, including programs involving intergovernmental affairs and 
liaison within the executive branch, $3,852,000: Provided, That these 
funds may be transferred to agencies of the Department of Agriculture 
funded by this Act to maintain personnel at the agency level: Provided 
further, <<NOTE: Deadline. Notification.>> That no funds made available 
by this appropriation may be obligated after 30 days from the date of 
enactment of this Act, unless the Secretary has notified the Committees 
on Appropriations of both Houses of Congress on the allocation of these 
funds by USDA agency: Provided further, That no other funds appropriated 
to the Department by this Act shall be available to the Department for 
support of activities of congressional relations.

                        Office of Communications

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

[[Page 118 STAT. 2814]]

                     Office of the Inspector General

    For necessary expenses of the Office of the Inspector General, 
including employment pursuant to the Inspector General Act of 1978, 
$78,289,000, including such sums as may be necessary for contracting and 
other arrangements with public agencies and private persons pursuant to 
section 6(a)(9) of the Inspector General Act of 1978, and including not 
to exceed $125,000 for certain confidential operational expenses, 
including the payment of informants, to be expended under the direction 
of the Inspector General pursuant to Public Law 95-452 and section 1337 
of Public Law 97-98.

                      Office of the General Counsel

    For necessary expenses of the Office of the General Counsel, 
$35,861,000.

   Office of the Under Secretary for Research, Education and Economics

    For necessary salaries and expenses of the Office of the Under 
Secretary for Research, Education and Economics to administer the laws 
enacted by the Congress for the Economic Research Service, the National 
Agricultural Statistics Service, the Agricultural Research Service, and 
the Cooperative State Research, Education, and Extension Service, 
$592,000.

                        Economic Research Service

    For necessary expenses of the Economic Research Service in 
conducting economic research and analysis, as authorized by the 
Agricultural Marketing Act of 1946 (7 U.S.C. 1621-1627) and other laws, 
$74,768,000.

                National Agricultural Statistics Service

    For necessary expenses of the National Agricultural Statistics 
Service in conducting statistical reporting and service work, including 
crop and livestock estimates, statistical coordination and improvements, 
marketing surveys, and the Census of Agriculture, as authorized by 7 
U.S.C. 1621-1627 and 2204g, and other laws, $129,480,000, of which up to 
$22,405,000 shall be available until expended for the Census of 
Agriculture.

                      Agricultural Research Service

                          Salaries and Expenses

    For necessary expenses to enable the Agricultural Research Service 
to perform agricultural research and demonstration relating to 
production, utilization, marketing, and distribution (not otherwise 
provided for); home economics or nutrition and consumer use including 
the acquisition, preservation, and dissemination of agricultural 
information; and for acquisition of lands by donation, exchange, or 
purchase at a nominal cost not to exceed $100, and for land exchanges 
where the lands exchanged shall be of equal value or shall be equalized 
by a payment of money to the grantor which shall not exceed 25 percent 
of the total value of the land

[[Page 118 STAT. 2815]]

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

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

                        Buildings and Facilities

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

      Cooperative State Research, Education, and Extension Service

                    Research and Education Activities

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

[[Page 118 STAT. 2816]]

research on improved pest control (7 U.S.C. 450i(c)), $15,280,000; for 
competitive research grants (7 U.S.C. 450i(b)), $181,000,000; for the 
support of animal health and disease programs (7 U.S.C. 3195), 
$5,098,000; for supplemental and alternative crops and products (7 
U.S.C. 3319d), $1,196,000; for grants for research pursuant to the 
Critical Agricultural Materials Act (7 U.S.C. 178 et seq.), $1,111,000, 
to remain available until expended; for the 1994 research grants program 
for 1994 institutions pursuant to section 536 of Public Law 103-382 (7 
U.S.C. 301 note), $1,087,000, to remain available until expended; for 
rangeland research grants (7 U.S.C. 3333), $1,000,000; for higher 
education graduate fellowship grants (7 U.S.C. 3152(b)(6)), $3,000,000, 
to remain available until expended (7 U.S.C. 2209b); for higher 
education challenge grants (7 U.S.C. 3152(b)(1)), $5,500,000; for a 
higher education multicultural scholars program (7 U.S.C. 3152(b)(5)), 
$998,000, to remain available until expended (7 U.S.C. 2209b); for an 
education grants program for Hispanic-serving Institutions (7 U.S.C. 
3241), $5,645,000; for noncompetitive grants for the purpose of carrying 
out all provisions of 7 U.S.C. 3242 (section 759 of Public Law 106-78) 
to individual eligible institutions or consortia of eligible 
institutions in Alaska and in Hawaii, with funds awarded equally to each 
of the States of Alaska and Hawaii, $3,500,000; for a secondary 
agriculture education program and 2-year post-secondary education (7 
U.S.C. 3152(j)), $1,000,000; for aquaculture grants (7 U.S.C. 3322), 
$4,000,000; for sustainable agriculture research and education (7 U.S.C. 
5811), $12,500,000; for a program of capacity building grants (7 U.S.C. 
3152(b)(4)) to colleges eligible to receive funds under the Act of 
August 30, 1890 (7 U.S.C. 321-326 and 328), including Tuskegee 
University and West Virginia State University, $12,411,000, to remain 
available until expended (7 U.S.C. 2209b); for payments to the 1994 
Institutions pursuant to section 534(a)(1) of Public Law 103-382, 
$2,250,000; for resident instruction grants for insular areas under 
section 1491 of the National Agricultural Research, Extension, and 
Teaching Policy Act of 1977 (7 U.S.C. 3363), $500,000; and for necessary 
expenses of Research and Education Activities, $42,889,000.
    None of the funds appropriated under this heading shall be available 
to carry out research related to the production, processing, or 
marketing of tobacco or tobacco products: Provided, That this paragraph 
shall not apply to research on the medical, biotechnological, food, and 
industrial uses of tobacco.

               native american institutions endowment fund

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

                          Extension Activities

    For payments to States, the District of Columbia, Puerto Rico, Guam, 
the Virgin Islands, Micronesia, Northern Marianas, and American Samoa, 
$449,225,000, as follows: payments for cooperative extension work under 
the Smith-Lever Act, to be distributed under sections 3(b) and 3(c) of 
said Act, and under section 208(c) of Public Law 93-471, for retirement 
and employees' compensation costs for extension agents, $277,742,000; 
payments for extension work at the 1994 Institutions under the Smith-
Lever Act (7 U.S.C.

[[Page 118 STAT. 2817]]

343(b)(3)), $3,273,000; payments for the nutrition and family education 
program for low-income areas under section 3(d) of the Act, $58,909,000; 
payments for the pest management program under section 3(d) of the Act, 
$10,000,000; payments for the farm safety program under section 3(d) of 
the Act, $4,600,000; payments to upgrade research, extension, and 
teaching facilities at the 1890 land-grant colleges, including Tuskegee 
University and West Virginia State University, as authorized by section 
1447 of Public Law 95-113 (7 U.S.C. 3222b), $16,912,000, to remain 
available until expended; payments for youth-at-risk programs under 
section 3(d) of the Smith-Lever Act, $7,538,000; for youth farm safety 
education and certification extension grants, to be awarded 
competitively under section 3(d) of the Act, $444,000; payments for 
carrying out the provisions of the Renewable Resources Extension Act of 
1978 (16 U.S.C. 1671 et seq.), $4,093,000; payments for Indian 
reservation agents under section 3(d) of the Smith-Lever Act, 
$1,774,000; payments for sustainable agriculture programs under section 
3(d) of the Act, $4,100,000; payments for rural health and safety 
education as authorized by section 502(i) of Public Law 92-419 (7 U.S.C. 
2662(i)), $1,981,000; payments for cooperative extension work by the 
colleges receiving the benefits of the second Morrill Act (7 U.S.C. 321-
326 and 328) and Tuskegee University and West Virginia State University, 
$33,133,000, of which $1,724,884 shall be made available only for the 
purpose of ensuring that each institution shall receive no less than 
$1,000,000; for grants to youth organizations pursuant to section 7630 
of title 7, United States Code, $2,667,000; and for necessary expenses 
of Extension Activities, $22,059,000.

                          integrated activities

    For the integrated research, education, and extension grants 
programs, including necessary administrative expenses, $55,153,000, as 
follows: for competitive grants programs authorized under section 406 of 
the Agricultural Research, Extension, and Education Reform Act of 1998 
(7 U.S.C. 7626), $43,058,000, including $12,971,000 for the water 
quality program, $14,967,000 for the food safety program, $4,200,000 for 
the regional pest management centers program, $4,500,000 for the Food 
Quality Protection Act risk mitigation program for major food crop 
systems, $1,400,000 for the crops affected by Food Quality Protection 
Act implementation, $3,131,000 for the methyl bromide transition 
program, and $1,889,000 for the organic transition program; for a 
competitive international science and education grants program 
authorized under section 1459A of the National Agricultural Research, 
Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3292b), to remain 
available until expended, $1,000,000; for grants programs authorized 
under section 2(c)(1)(B) of Public Law 89-106, as amended, $750,000, to 
remain available until September 30, 2006 for the critical issues 
program, and $1,345,000 for the regional rural development centers 
program; and $9,000,000 for the homeland security program authorized 
under section 1484 of the National Agricultural Research, Extension, and 
Teaching Act of 1977, to remain available until September 30, 2006.

[[Page 118 STAT. 2818]]

               Outreach for Socially Disadvantaged Farmers

    For grants and contracts pursuant to section 2501 of the Food, 
Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 2279), 
$5,935,000, to remain available until expended.

   Office of the Under Secretary for Marketing and Regulatory Programs

    For necessary salaries and expenses of the Office of the Under 
Secretary for Marketing and Regulatory Programs to administer programs 
under the laws enacted by the Congress for the Animal and Plant Health 
Inspection Service; the Agricultural Marketing Service; and the Grain 
Inspection, Packers and Stockyards Administration; $721,000.

               Animal and Plant Health Inspection Service

                          Salaries and Expenses

                     (including transfers of funds)

    For expenses, not otherwise provided for, necessary to prevent, 
control, and eradicate pests and plant and animal diseases; to carry out 
inspection, quarantine, and regulatory activities; and to protect the 
environment, as authorized by law, $814,623,000, of which $4,119,000 
shall be available for the control of outbreaks of insects, plant 
diseases, animal diseases and for control of pest animals and birds to 
the extent necessary to meet emergency conditions; of which $47,500,000 
shall be used for the boll weevil eradication program for cost share 
purposes or for debt retirement for active eradication zones; of which 
$33,197,000 shall be available for a National Animal Identification 
program: Provided, That no funds shall be used to formulate or 
administer a brucellosis eradication program for the current fiscal year 
that does not require minimum matching by the States of at least 40 
percent: Provided further, That this appropriation shall be available 
for the operation and maintenance of aircraft and the purchase of not to 
exceed four, of which two shall be for replacement only: Provided 
further, That, in addition, in emergencies which threaten any segment of 
the agricultural production industry of this country, the Secretary may 
transfer from other appropriations or funds available to the agencies or 
corporations of the Department such sums as may be deemed necessary, to 
be available only in such emergencies for the arrest and eradication of 
contagious or infectious disease or pests of animals, poultry, or 
plants, and for expenses in accordance with sections 10411 and 10417 of 
the Animal Health Protection Act (7 U.S.C. 8310 and 8316) and sections 
431 and 442 of the Plant Protection Act (7 U.S.C. 7751 and 7772), and 
any unexpended balances of funds transferred for such emergency purposes 
in the preceding fiscal year shall be merged with such transferred 
amounts: Provided further, That appropriations hereunder shall be 
available pursuant to law (7 U.S.C. 2250) for the repair and alteration 
of leased buildings and improvements, but unless otherwise provided the 
cost of altering any one building during the fiscal year shall not 
exceed 10 percent of the current replacement value of the building: 
Provided further, That no funds shall be used to implement a national 
animal identification system prior

[[Page 118 STAT. 2819]]

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

                        Buildings and Facilities

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

                     Agricultural Marketing Service

                           Marketing Services

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

                  limitation on administrative expenses

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

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

                     (including transfers of funds)

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

[[Page 118 STAT. 2820]]

(2) transfers otherwise provided in this Act; and (3) not more than 
$15,800,000 for formulation and administration of marketing agreements 
and orders pursuant to the Agricultural Marketing Agreement Act of 1937 
and the Agricultural Act of 1961.

                   Payments to States and Possessions

    For payments to departments of agriculture, bureaus and departments 
of markets, and similar agencies for marketing activities under section 
204(b) of the Agricultural Marketing Act of 1946 (7 U.S.C. 1623(b)), 
$3,847,000, of which not less than $2,500,000 shall be used to make a 
grant under this heading.

         Grain Inspection, Packers and Stockyards Administration

                          Salaries and Expenses

    For necessary expenses to carry out the provisions of the United 
States Grain Standards Act, for the administration of the Packers and 
Stockyards Act, for certifying procedures used to protect purchasers of 
farm products, and the standardization activities related to grain under 
the Agricultural Marketing Act of 1946, $37,299,000: Provided, That this 
appropriation shall be available pursuant to law (7 U.S.C. 2250) for the 
alteration and repair of buildings and improvements, but the cost of 
altering any one building during the fiscal year shall not exceed 10 
percent of the current replacement value of the building.

         Limitation on Inspection and Weighing Services Expenses

    Not to exceed $42,463,000 (from fees collected) shall be obligated 
during the current fiscal year for inspection and weighing services: 
Provided, That if grain export activities require additional supervision 
and oversight, or other uncontrollable factors occur, this limitation 
may be exceeded by up to 10 percent with notification to the Committees 
on Appropriations of both Houses of Congress.

              Office of the Under Secretary for Food Safety

    For necessary salaries and expenses of the Office of the Under 
Secretary for Food Safety to administer the laws enacted by the Congress 
for the Food Safety and Inspection Service, $595,000.

                   Food Safety and Inspection Service

    For necessary expenses to carry out services authorized by the 
Federal Meat Inspection Act, the Poultry Products Inspection Act, and 
the Egg Products Inspection Act, including not to exceed $50,000 for 
representation allowances and for expenses pursuant to section 8 of the 
Act approved August 3, 1956 (7 U.S.C. 1766), $823,760,000, of which no 
less than $742,305,000 shall be available for Federal food safety 
inspection; and in addition, $1,000,000 may be credited to this account 
from fees collected for the cost of laboratory accreditation as 
authorized by section 1327 of the Food, Agriculture, Conservation and 
Trade Act of 1990 (7 U.S.C. 138f): Provided, That no fewer than 63 full 
time equivalent positions above the fiscal year 2002 level shall be 
employed during fiscal year 2005 for purposes dedicated solely to 
inspections and enforcement related to the Humane Methods of Slaughter 
Act: Provided further,

[[Page 118 STAT. 2821]]

That <<NOTE: Notification.>> of the amount available under this heading, 
notwithstanding section 704 of this Act $3,000,000, available until 
September 30, 2006, shall be obligated to include the Humane Animal 
Tracking System as part of the Field Automation and Information 
Management System following notification to the Committees on 
Appropriations, which shall include a detailed explanation of the 
components of such system: Provided further, That of the total amount 
made available under this heading, no less than $20,653,000 shall be 
obligated for regulatory and scientific training: Provided further, That 
this appropriation shall be available pursuant to law (7 U.S.C. 2250) 
for the alteration and repair of buildings and improvements, but the 
cost of altering any one building during the fiscal year shall not 
exceed 10 percent of the current replacement value of the building.

Office of the Under Secretary for Farm and Foreign Agricultural Services

    For necessary salaries and expenses of the Office of the Under 
Secretary for Farm and Foreign Agricultural Services to administer the 
laws enacted by Congress for the Farm Service Agency, the Foreign 
Agricultural Service, the Risk Management Agency, and the Commodity 
Credit Corporation, $631,000.

                           Farm Service Agency

                          Salaries and Expenses

                     (including transfers of funds)

    For necessary expenses for carrying out the administration and 
implementation of programs administered by the Farm Service Agency, 
$1,007,597,000: Provided, That the Secretary is authorized to use the 
services, facilities, and authorities (but not the funds) of the 
Commodity Credit Corporation to make program payments for all programs 
administered by the Agency: Provided further, That other funds made 
available to the Agency for authorized activities may be advanced to and 
merged with this account.

                         State Mediation Grants

    For grants pursuant to section 502(b) of the Agricultural Credit Act 
of 1987, as amended (7 U.S.C. 5101-5106), $4,000,000.

                         dairy indemnity program

                      (including transfer of funds)

    For necessary expenses involved in making indemnity payments to 
dairy farmers and manufacturers of dairy products under a dairy 
indemnity program, $100,000, to remain available until expended: 
Provided, That such program is carried out by the Secretary in the same 
manner as the dairy indemnity program described in the Agriculture, 
Rural Development, Food and Drug Administration, and Related Agencies 
Appropriations Act, 2001 (Public Law 106-387, 114 Stat. 1549A-12).

[[Page 118 STAT. 2822]]

           Agricultural Credit Insurance Fund Program Account

                     (including transfers of funds)

    For gross obligations for the principal amount of direct and 
guaranteed farm ownership (7 U.S.C. 1922 et seq.) and operating (7 
U.S.C. 1941 et seq.) loans, Indian tribe land acquisition loans (25 
U.S.C. 488), and boll weevil loans (7 U.S.C. 1989), to be available from 
funds in the Agricultural Credit Insurance Fund, as follows: farm 
ownership loans, $1,610,000,000, of which $1,400,000,000 shall be for 
guaranteed loans and $210,000,000 shall be for direct loans; operating 
loans, $2,035,000,000, of which $1,100,000,000 shall be for unsubsidized 
guaranteed loans, $285,000,000 shall be for subsidized guaranteed loans 
and $650,000,000 shall be for direct loans; Indian tribe land 
acquisition loans, $2,000,000; and for boll weevil eradication program 
loans, $100,000,000: Provided, That the Secretary shall deem the pink 
bollworm to be a boll weevil for the purpose of boll weevil eradication 
program loans.
    For the cost of direct and guaranteed loans, including the cost of 
modifying loans as defined in section 502 of the Congressional Budget 
Act of 1974, as follows: farm ownership loans, $18,655,000, of which 
$7,420,000 shall be for guaranteed loans, and $11,235,000 shall be for 
direct loans; operating loans, $139,049,000, of which $35,530,000 shall 
be for unsubsidized guaranteed loans, $37,934,000 shall be for 
subsidized guaranteed loans, and $65,585,000 shall be for direct loans; 
and Indian tribe land acquisition loans, $105,000.
    In addition, for administrative expenses necessary to carry out the 
direct and guaranteed loan programs, $301,764,000, of which $293,764,000 
shall be transferred to and merged with the appropriation for ``Farm 
Service Agency, Salaries and Expenses''.
    Funds appropriated by this Act to the Agricultural Credit Insurance 
Program Account for farm ownership and operating direct loans and 
guaranteed loans may be transferred among these programs: 
Provided, <<NOTE: Notification. Deadline.>> That the Committees on 
Appropriations of both Houses of Congress are notified at least 15 days 
in advance of any transfer.

                         Risk Management Agency

    For administrative and operating expenses, as authorized by section 
226A of the Department of Agriculture Reorganization Act of 1994 (7 
U.S.C. 6933), $72,044,000: Provided, That not to exceed $1,000 shall be 
available for official reception and representation expenses, as 
authorized by 7 U.S.C. 1506(i).

                              CORPORATIONS

    The following corporations and agencies are hereby authorized to 
make expenditures, within the limits of funds and borrowing authority 
available to each such corporation or agency and in accord with law, and 
to make contracts and commitments without regard to fiscal year 
limitations as provided by section 104 of the Government Corporation 
Control Act as may be necessary in carrying out the programs set forth 
in the budget for the current fiscal year for such corporation or 
agency, except as hereinafter provided.

[[Page 118 STAT. 2823]]

                 Federal Crop Insurance Corporation Fund

    For payments as authorized by section 516 of the Federal Crop 
Insurance Act (7 U.S.C. 1516), such sums as may be necessary, to remain 
available until expended.

                    Commodity Credit Corporation Fund

                  reimbursement for net realized losses

    For the current fiscal year, such sums as may be necessary to 
reimburse the Commodity Credit Corporation for net realized losses 
sustained, but not previously reimbursed, pursuant to section 2 of the 
Act of August 17, 1961 (15 U.S.C. 713a-11): Provided, That of the funds 
available to the Commodity Credit Corporation under section 11 of the 
Commodity Credit Corporation Charter Act (15 U.S.C 714i) for the conduct 
of its business with the Foreign Agricultural Service, up to $5,000,000 
may be transferred to and used by the Foreign Agricultural Service for 
information resource management activities of the Foreign Agricultural 
Service that are not related to Commodity Credit Corporation business.

                       hazardous waste management

                        (limitation on expenses)

    For the current fiscal year, the Commodity Credit Corporation shall 
not expend more than $5,000,000 for site investigation and cleanup 
expenses, and operations and maintenance expenses to comply with the 
requirement of section 107(g) of the Comprehensive Environmental 
Response, Compensation, and Liability Act (42 U.S.C. 9607(g)), and 
section 6001 of the Resource Conservation and Recovery Act (42 U.S.C. 
6961).

                                TITLE II

                          CONSERVATION PROGRAMS

   Office of the Under Secretary for Natural Resources and Environment

    For necessary salaries and expenses of the Office of the Under 
Secretary for Natural Resources and Environment to administer the laws 
enacted by the Congress for the Forest Service and the Natural Resources 
Conservation Service, $741,000.

                 Natural Resources Conservation Service

                         Conservation Operations

    For necessary expenses for carrying out the provisions of the Act of 
April 27, 1935 (16 U.S.C. 590a-f), including preparation of conservation 
plans and establishment of measures to conserve soil and water 
(including farm irrigation and land drainage and such special measures 
for soil and water management as may be necessary to prevent floods and 
the siltation of reservoirs and to control agricultural related 
pollutants); operation of conservation plant materials centers; 
classification and mapping of soil; dissemination of information; 
acquisition of lands, water, and interests.

[[Page 118 STAT. 2824]]

therein for use in the plant materials program by donation, exchange, or 
purchase at a nominal cost not to exceed $100 pursuant to the Act of 
August 3, 1956 (7 U.S.C. 428a); purchase and erection or alteration or 
improvement of permanent and temporary buildings; and operation and 
maintenance of aircraft, $837,360,000, to remain available until June 
30, 2006, of which not less than $10,500,000 is for snow survey and 
water forecasting, and not less than $14,433,000 is for operation and 
establishment of the plant materials centers, and of which not less than 
$23,500,000 shall be for the grazing lands conservation initiative: 
Provided, That appropriations hereunder shall be available pursuant to 7 
U.S.C. 2250 for construction and improvement of buildings and public 
improvements at plant materials centers, except that the cost of 
alterations and improvements to other buildings and other public 
improvements shall not exceed $250,000: Provided further, That when 
buildings or other structures are erected on non-Federal land, that the 
right to use such land is obtained as provided in 7 U.S.C. 2250a: 
Provided further, That this appropriation shall be available for 
technical assistance and related expenses to carry out programs 
authorized by section 202(c) of title II of the Colorado River Basin 
Salinity Control Act of 1974 (43 U.S.C. 1592(c)): Provided further, That 
qualified local engineers may be temporarily employed at per diem rates 
to perform the technical planning work of the Service: Provided further, 
That none of the funds made available under this paragraph by this or 
any other appropriations Act may be used to provide technical assistance 
with respect to programs listed in section 1241(a) of the Food Security 
Act of 1985 (16 U.S.C. 3841(a)).

                     watershed surveys and planning

    For necessary expenses to conduct research, investigation, and 
surveys of watersheds of rivers and other waterways, and for small 
watershed investigations and planning, in accordance with the Watershed 
Protection and Flood Prevention Act (16 U.S.C. 1001-1009), $7,083,000: 
Provided, That none of the funds made available under this paragraph by 
this or any other appropriations Act may be used to provide technical 
assistance with respect to programs listed in section 1241(a) of the 
Food Security Act of 1985 (16 U.S.C. 3841(a)).

                Watershed and Flood Prevention Operations

    For necessary expenses to carry out preventive measures, including 
but not limited to research, engineering operations, methods of 
cultivation, the growing of vegetation, rehabilitation of existing works 
and changes in use of land, in accordance with the Watershed Protection 
and Flood Prevention Act (16 U.S.C. 1001-1005 and 1007-1009), the 
provisions of the Act of April 27, 1935 (16 U.S.C. 590a-f), and in 
accordance with the provisions of laws relating to the activities of the 
Department, $75,576,000, to remain available until expended; of which up 
to $10,000,000 may be available for the watersheds authorized under the 
Flood Control Act (33 U.S.C. 701 and 16 U.S.C. 1006a): Provided, That 
not to exceed $35,000,000 of this appropriation shall be available for 
technical assistance: Provided further, That not to exceed $1,000,000 of 
this appropriation is available to carry out the purposes of the 
Endangered Species Act of 1973 (Public Law 93-

[[Page 118 STAT. 2825]]

205), including cooperative efforts as contemplated by that Act to 
relocate endangered or threatened species to other suitable habitats as 
may be necessary to expedite project construction: Provided further, 
That none of the funds made available under this paragraph by this or 
any other appropriations Act may be used to provide technical assistance 
with respect to programs listed in section 1241(a) of the Food Security 
Act of 1985 (16 U.S.C. 3841(a)).

                    watershed rehabilitation program

    For necessary expenses to carry out rehabilitation of structural 
measures, in accordance with section 14 of the Watershed Protection and 
Flood Prevention Act (16 U.S.C. 1012), and in accordance with the 
provisions of laws relating to the activities of the Department, 
$27,500,000, to remain available until expended: Provided, That none of 
the funds made available under this paragraph by this or any other 
appropriations Act may be used to provide technical assistance with 
respect to programs listed in section 1241(a) of the Food Security Act 
of 1985 (16 U.S.C. 3841(a)).

                  Resource Conservation and Development

    For necessary expenses in planning and carrying out projects for 
resource conservation and development and for sound land use pursuant to 
the provisions of sections 31 and 32 of the Bankhead-Jones Farm Tenant 
Act (7 U.S.C. 1010-1011; 76 Stat. 607); the Act of April 27, 1935 (16 
U.S.C. 590a-f); and subtitle H of title XV of the Agriculture and Food 
Act of 1981 (16 U.S.C. 3451-3461), $51,641,000, to remain available 
until expended: Provided, That none of the funds made available under 
this paragraph by this or any other appropriations Act may be used to 
provide technical assistance with respect to programs listed in section 
1241(a) of the Food Security Act of 1985 (16 U.S.C. 3841(a)): Provided 
further, <<NOTE: Contracts.>> That the Secretary shall enter into a 
cooperative or contribution agreement with a national association 
regarding a Resource Conservation and Development program and such 
agreement shall contain the same matching, contribution requirements, 
and funding level, set forth in a similar cooperative or contribution 
agreement with a national association in fiscal year 2002: Provided 
further, That not to exceed $3,504,300 shall be available for national 
headquarters activities.

                                TITLE III

                       RURAL DEVELOPMENT PROGRAMS

           Office of the Under Secretary for Rural Development

    For necessary salaries and expenses of the Office of the Under 
Secretary for Rural Development to administer programs under the laws 
enacted by the Congress for the Rural Housing Service, the Rural 
Business-Cooperative Service, and the Rural Utilities Service of the 
Department of Agriculture, $632,000.

[[Page 118 STAT. 2826]]

                   Rural Community Advancement Program

                     (including transfers of funds)

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

[[Page 118 STAT. 2827]]

and Expenses'', of which $100,000 shall be provided to develop a 
regional system for centralized billing, operation, and management of 
rural water and sewer utilities through regional cooperatives, of which 
25 percent shall be provided for water and sewer projects in regional 
hubs, and the State of Alaska shall provide a 25 percent cost share, and 
grantees may use up to 5 percent of grant funds, not to exceed $35,000 
per community, for the completion of comprehensive community safe water 
plans; not to exceed $18,250,000 shall be for technical assistance 
grants for rural water and waste systems pursuant to section 306(a)(14) 
of such Act, of which $5,600,000 shall be for Rural Community Assistance 
Programs and not less than $800,000 shall be for a qualified national 
Native American organization to provide technical assistance for rural 
water systems for tribal communities; and not to exceed $13,500,000 
shall be for contracting with qualified national organizations for a 
circuit rider program to provide technical assistance for rural water 
systems: Provided further, That of the total amount appropriated, not to 
exceed $22,166,000 shall be available through June 30, 2005, for 
authorized empowerment zones and enterprise communities and communities 
designated by the Secretary of Agriculture as Rural Economic Area 
Partnership Zones; of which $1,081,000 shall be for the rural community 
programs described in section 381E(d)(1) of such Act, of which 
$12,582,000 shall be for the rural utilities programs described in 
section 381E(d)(2) of such Act, and of which $8,503,000 shall be for the 
rural business and cooperative development programs described in section 
381E(d)(3) of such Act: Provided further, That of the amount 
appropriated for rural community programs, not to exceed $21,000,000 
shall be to provide grants for facilities in rural communities with 
extreme unemployment and severe economic depression (Public Law 106-
387), with 5 percent for administration and capacity building in the 
State rural development offices: Provided further, That of the amount 
appropriated, $28,000,000 shall be transferred to and merged with the 
``Rural Utilities Service, High Energy Cost Grants Account'' to provide 
grants authorized under section 19 of the Rural Electrification Act of 
1936 (7 U.S.C. 918a): Provided further, That any prior year balances for 
high cost energy grants authorized by section 19 of the Rural 
Electrification Act of 1936 (7 U.S.C. 901(19)) shall be transferred to 
and merged with the ``Rural Utilities Service, High Energy Costs Grants 
Account''.

                 Rural Development Salaries and Expenses

                     (including transfers of funds)

    For necessary expenses for carrying out the administration and 
implementation of programs in the Rural Development mission area, 
including activities with institutions concerning the development and 
operation of agricultural cooperatives; and for cooperative agreements; 
$148,452,000: Provided, That of funds appropriated under this title for 
salaries and expenses, not less than $5,000,000 shall be used to 
complete the consolidation of Rural Development activities in St. Louis, 
to the Goodfellow facility also in St. Louis: Provided further, That 
notwithstanding any other provision of law, funds appropriated under 
this section may be used for advertising and promotional activities that 
support the Rural Development mission area: Provided further, That not 
more than $10,000 may

[[Page 118 STAT. 2828]]

be expended to provide modest nonmonetary awards to non-USDA employees: 
Provided further, That any balances available from prior years for the 
Rural Utilities Service, Rural Housing Service, and the Rural Business-
Cooperative Service salaries and expenses accounts shall be transferred 
to and merged with this appropriation.

                          Rural Housing Service

              Rural Housing Insurance Fund Program Account

                     (including transfers of funds)

    For gross obligations for the principal amount of direct and 
guaranteed loans as authorized by title V of the Housing Act of 1949, to 
be available from funds in the rural housing insurance fund, as follows: 
$4,459,297,000 for loans to section 502 borrowers, as determined by the 
Secretary, of which $1,150,000,000 shall be for direct loans, and of 
which $3,309,297,000 shall be for unsubsidized guaranteed loans; 
$35,000,000 for section 504 housing repair loans; $100,000,000 for 
section 515 rental housing; $100,000,000 for section 538 guaranteed 
multi-family housing loans; $5,045,000 for section 524 site loans; 
$11,501,000 for credit sales of acquired property, of which up to 
$1,501,000 may be for multi-family credit sales; and $10,000,000 for 
section 523 self-help housing land development loans.
    For the cost of direct and guaranteed loans, including the cost of 
modifying loans, as defined in section 502 of the Congressional Budget 
Act of 1974, as follows: section 502 loans, $166,778,000, of which 
$133,170,000 shall be for direct loans, and of which $33,608,000, to 
remain available until expended, shall be for unsubsidized guaranteed 
loans; section 504 housing repair loans, $10,171,000; section 515 rental 
housing, $47,090,000; section 538 multi-family housing guaranteed loans, 
$3,490,000; multi-family credit sales of acquired property, $727,000: 
Provided, That of the total amount appropriated in this paragraph, 
$7,100,000 shall be available through June 30, 2005, for authorized 
empowerment zones and enterprise communities and communities designated 
by the Secretary of Agriculture as Rural Economic Area Partnership 
Zones: Provided further, That any funds under this paragraph initially 
allocated by the Secretary for housing projects in the State of Alaska 
that are not obligated by September 30, 2005, shall be carried over 
until September 30, 2006, and made available for such housing projects 
only in the State of Alaska.
    In addition, for administrative expenses necessary to carry out the 
direct and guaranteed loan programs, $448,342,000, which shall be 
transferred to and merged with the appropriation for ``Rural 
Development, Salaries and Expenses''.

                        Rental Assistance Program

    For rental assistance agreements entered into or renewed pursuant to 
the authority under section 521(a)(2) or agreements entered into in lieu 
of debt forgiveness or payments for eligible households as authorized by 
section 502(c)(5)(D) of the Housing Act of 1949, $592,000,000; and, in 
addition, such sums as may be necessary, as authorized by section 521(c) 
of the Act, to liquidate debt incurred prior to fiscal year 1992 to 
carry out the rental assistance program under section 521(a)(2) of the 
Act: Provided,

[[Page 118 STAT. 2829]]

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

                   Mutual and Self-Help Housing Grants

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

                     Rural Housing Assistance Grants

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

                       farm labor program account

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

[[Page 118 STAT. 2830]]

                   Rural Business--Cooperative Service

               Rural Development Loan Fund Program Account

                      (including transfer of funds)

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

            Rural Economic Development Loans Program Account

                     (including rescission of funds)

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

                  Rural Cooperative Development Grants

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

[[Page 118 STAT. 2831]]

        Rural Empowerment Zones and Enterprise Communities Grants

    For grants in connection with second and third rounds of empowerment 
zones and enterprise communities, $12,500,000, to remain available until 
expended, for designated rural empowerment zones and rural enterprise 
communities, as authorized by the Taxpayer Relief Act of 1997 and the 
Omnibus Consolidated and Emergency Supplemental Appropriations Act, 1999 
(Public Law 105-277): Provided, That of the funds appropriated, 
$1,000,000 shall be made available to third round empowerment zones, as 
authorized by the Community Renewal Tax Relief Act (Public Law 106-554).

                        RENEWABLE ENERGY PROGRAM

    For the cost of a program of direct loans, loan guarantees, and 
grants, under the same terms and conditions as authorized by section 
9006 of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 
8106), $23,000,000 for direct and guaranteed renewable energy loans and 
grants: Provided, That the cost of direct loans and loan guarantees, 
including the cost of modifying such loans, shall be as defined in 
section 502 of the Congressional Budget Act of 1974.

                         Rural Utilities Service

   Rural Electrification and Telecommunications Loans Program Account

                      (including transfer of funds)

    Insured loans pursuant to the authority of section 305 of the Rural 
Electrification Act of 1936 (7 U.S.C. 935) shall be made as follows: 5 
percent rural electrification loans, $120,000,000; municipal rate rural 
electric loans, $100,000,000; loans made pursuant to section 306 of that 
Act, rural electric, $2,100,000,000; Treasury rate direct electric 
loans, $1,000,000,000; guaranteed underwriting loans pursuant to section 
313A, $1,000,000,000; 5 percent rural telecommunications loans, 
$145,000,000; cost of money rural telecommunications loans, 
$250,000,000; and for loans made pursuant to section 306 of that Act, 
rural telecommunications loans, $125,000,000.
    For the cost, as defined in section 502 of the Congressional Budget 
Act of 1974, including the cost of modifying loans, of direct and 
guaranteed loans authorized by sections 305 and 306 of the Rural 
Electrification Act of 1936 (7 U.S.C. 935 and 936), as follows: cost of 
rural electric loans, $5,058,000, and the cost of telecommunications 
loans, $100,000: Provided, That notwithstanding section 305(d)(2) of the 
Rural Electrification Act of 1936, borrower interest rates may exceed 7 
percent per year.
    In addition, for administrative expenses necessary to carry out the 
direct and guaranteed loan programs, $38,277,000 which shall be 
transferred to and merged with the appropriation for ``Rural 
Development, Salaries and Expenses''.

[[Page 118 STAT. 2832]]

                  Rural Telephone Bank Program Account

                      (including transfer of funds)

    The Rural Telephone Bank is hereby authorized to make such 
expenditures, within the limits of funds available to such corporation 
in accord with law, and to make such contracts and commitments without 
regard to fiscal year limitations as provided by section 104 of the 
Government Corporation Control Act, as may be necessary in carrying out 
its authorized programs. During fiscal year 2005 and within the 
resources and authority available, gross obligations for the principal 
amount of direct loans shall be $175,000,000.
    In addition, for administrative expenses, including audits, 
necessary to carry out the loan programs, $3,152,000, which shall be 
transferred to and merged with the appropriation for ``Rural 
Development, Salaries and Expenses''.

         Distance Learning, Telemedicine, and Broadband Program

    For the principal amount of direct distance learning and 
telemedicine loans, $50,000,000; and for the principal amount of direct 
broadband telecommunication loans, $550,000,000.
    For the cost of direct loans and grants for telemedicine and 
distance learning services in rural areas, as authorized by 7 U.S.C. 
950aaa et seq., $35,710,000, to remain available until expended, of 
which $710,000 shall be for direct loans: Provided, That the cost of 
direct loans shall be as defined in section 502 of the Congressional 
Budget Act of 1974: Provided further, That $10,000,000 shall be made 
available to convert analog to digital operation those noncommercial 
educational television broadcast stations that serve rural areas and are 
qualified for Community Service Grants by the Corporation for Public 
Broadcasting under section 396(k) of the Communications Act of 1934, 
including associated translators and repeaters, regardless of the 
location of their main transmitter, studio-to-transmitter links, and 
equipment to allow local control over digital content and programming 
through the use of high-definition broadcast, multi-casting and 
datacasting technologies.
    For the cost of broadband loans, as authorized by 7 U.S.C. 901 et 
seq., $11,715,000, to remain available until September 30, 2006: 
Provided, That the interest rate for such loans shall be the cost of 
borrowing to the Department of the Treasury for obligations of 
comparable maturity: Provided further, That the cost of direct loans 
shall be as defined in section 502 of the Congressional Budget Act of 
1974.
    In addition, $9,000,000, to remain available until expended, for a 
grant program to finance broadband transmission in rural areas eligible 
for Distance Learning and Telemedicine Program benefits authorized by 7 
U.S.C. 950aaa.

[[Page 118 STAT. 2833]]

                                TITLE IV

                         DOMESTIC FOOD PROGRAMS

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

    For necessary salaries and expenses of the Office of the Under 
Secretary for Food, Nutrition and Consumer Services to administer the 
laws enacted by the Congress for the Food and Nutrition Service, 
$595,000.

                       Food and Nutrition Service

                        Child Nutrition Programs

                      (including transfer of funds)

    For necessary expenses to carry out the National School Lunch Act 
(42 U.S.C. 1751 et seq.), except section 21, and the Child Nutrition Act 
of 1966 (42 U.S.C. 1771 et seq.), except sections 17 and 21; 
$11,782,000,000, to remain available through September 30, 2006, of 
which $6,629,038,000 is hereby appropriated and $5,152,962,000 shall be 
derived by transfer from funds available under section 32 of the Act of 
August 24, 1935 (7 U.S.C. 612c): Provided, That none of the funds made 
available under this heading shall be used for studies and evaluations: 
Provided further, That up to $5,235,000 shall be available for 
independent verification of school food service claims.

Special Supplemental Nutrition Program for Women, Infants, and Children 
                                  (WIC)

    For necessary expenses to carry out the special supplemental 
nutrition program as authorized by section 17 of the Child Nutrition Act 
of 1966 (42 U.S.C. 1786), $5,277,250,000, to remain available through 
September 30, 2006, of which $125,000,000 shall be placed in reserve, to 
remain available until expended, to be allocated as the Secretary deems 
necessary, notwithstanding section 17(i) of such Act, to support 
participation should cost or participation exceed budget estimates: 
Provided, That of the total amount available, the Secretary shall 
obligate not less than $15,000,000 for a breastfeeding support 
initiative in addition to the activities specified in section 
17(h)(3)(A): Provided further, That notwithstanding section 17(h)(10)(A) 
of such Act, $14,000,000 shall be available for the purposes specified 
in section 17(h)(10)(B): Provided further, That none of the funds made 
available under this heading shall be used for studies and evaluations: 
Provided further, That none of the funds in this Act shall be available 
to pay administrative expenses of WIC clinics except those that have an 
announced policy of prohibiting smoking within the space used to carry 
out the program: Provided further, That none of the funds provided in 
this account shall be available for the purchase of infant formula 
except in accordance with the cost containment and competitive bidding 
requirements specified in section 17 of such Act: Provided further, That 
none of the funds provided shall be available for activities that are 
not fully reimbursed by other Federal Government departments or agencies 
unless authorized by section 17 of such Act.

[[Page 118 STAT. 2834]]

                           Food Stamp Program

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

                      Commodity Assistance Program

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

                    nutrition programs administration

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

[[Page 118 STAT. 2835]]

stamp benefit delivery, and assisting in the prevention, identification, 
and prosecution of fraud and other violations of law.

                                 TITLE V

                 FOREIGN ASSISTANCE AND RELATED PROGRAMS

                      Foreign Agricultural Service

                          Salaries and expenses

                     (including transfers of funds)

    For necessary expenses of the Foreign Agricultural Service, 
including carrying out title VI of the Agricultural Act of 1954 (7 
U.S.C. 1761-1768), market development activities abroad, and for 
enabling the Secretary to coordinate and integrate activities of the 
Department in connection with foreign agricultural work, including not 
to exceed $158,000 for representation allowances and for expenses 
pursuant to section 8 of the Act approved August 3, 1956 (7 U.S.C. 
1766), $137,822,000: Provided, That the Service may utilize advances of 
funds, or reimburse this appropriation for expenditures made on behalf 
of Federal agencies, public and private organizations and institutions 
under agreements executed pursuant to the agricultural food production 
assistance programs (7 U.S.C. 1737) and the foreign assistance programs 
of the United States Agency for International Development.

                 Public Law 480 Title I Program Account

                     (including transfers of funds)

    For the cost, as defined in section 502 of the Congressional Budget 
Act of 1974, of agreements under the Agricultural Trade Development and 
Assistance Act of 1954, and the Food for Progress Act of 1985, including 
the cost of modifying credit arrangements under said Acts, $94,198,000, 
to remain available until expended: Provided, That the Secretary of 
Agriculture may implement a commodity monetization program under 
existing provisions of the Food for Progress Act of 1985 to provide no 
less than $5,000,000 in local-currency funding support for rural 
electrification development overseas.
    In addition, for administrative expenses to carry out the credit 
program of title I, Public Law 83-480, and the Food for Progress Act of 
1985, to the extent funds appropriated for Public Law 83-480 are 
utilized, $4,034,000, of which $1,097,000 may be transferred to and 
merged with the appropriation for ``Foreign Agricultural Service, 
Salaries and Expenses'', and of which $2,937,000 may be transferred to 
and merged with the appropriation for ``Farm Service Agency, Salaries 
and Expenses''.

        Public Law 480 Title I Ocean Freight Differential Grants

                      (including transfer of funds)

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

[[Page 118 STAT. 2836]]

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

                     Public Law 480 Title II Grants

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

        Commodity Credit Corporation Export Loans Program Account

                     (including transfers of funds)

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

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

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

                                TITLE VI

            RELATED AGENCIES AND FOOD AND DRUG ADMINISTRATION

                 DEPARTMENT OF HEALTH AND HUMAN SERVICES

                      Food and Drug Administration

                          Salaries and Expenses

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

[[Page 118 STAT. 2837]]

approved by the Secretary and to be accounted for solely on the 
Secretary's certificate, not to exceed $25,000; and notwithstanding 
section 521 of Public Law 107-188; $1,788,478,000: Provided, That of the 
amount provided under this heading, $284,394,000 shall be derived from 
prescription drug user fees authorized by 21 U.S.C. 379h, and shall be 
credited to this account and remain available until expended; 
$33,938,000 shall be derived from medical device user fees authorized by 
21 U.S.C. 379j, and shall be credited to this account and remain 
available until expended; and $8,354,000 shall be derived from animal 
drug user fees authorized by 21 U.S.C. 379j, and shall be credited to 
this account and remain available until expended: Provided further, That 
fees derived from prescription drug, medical device, and animal drug 
assessments received during fiscal year 2005, including any such fees 
assessed prior to the current fiscal year but credited during the 
current year, shall be subject to the fiscal year 2005 limitation: 
Provided further, That none of these funds shall be used to develop, 
establish, or operate any program of user fees authorized by 31 U.S.C. 
9701: Provided further, That of the total amount appropriated: (1) 
$439,038,000 shall be for the Center for Food Safety and Applied 
Nutrition and related field activities in the Office of Regulatory 
Affairs; (2) $498,647,000 shall be for the Center for Drug Evaluation 
and Research and related field activities in the Office of Regulatory 
Affairs; (3) $172,714,000 shall be for the Center for Biologics 
Evaluation and Research and for related field activities in the Office 
of Regulatory Affairs; (4) $98,964,000 shall be for the Center for 
Veterinary Medicine and for related field activities in the Office of 
Regulatory Affairs; (5) $235,078,000 shall be for the Center for Devices 
and Radiological Health and for related field activities in the Office 
of Regulatory Affairs; (6) $40,530,000 shall be for the National Center 
for Toxicological Research; (7) $57,722,000 shall be for Rent and 
Related activities, other than the amounts paid to the General Services 
Administration for rent; (8) $129,815,000 shall be for payments to the 
General Services Administration for rent; and (9) $115,970,000 shall be 
for other activities, including the Office of the Commissioner; the 
Office of Management; the Office of External Relations; the Office of 
Policy and Planning; and central services for these offices: Provided 
further, That funds may be transferred from one specified activity to 
another with the prior approval of the Committees on Appropriations of 
both Houses of Congress.
    In addition, mammography user fees authorized by 42 U.S.C. 263b may 
be credited to this account, to remain available until expended.
    In addition, export certification user fees authorized by 21 U.S.C. 
381 may be credited to this account, to remain available until expended.

                          INDEPENDENT AGENCIES

                  Commodity Futures Trading Commission

    For necessary expenses to carry out the provisions of the Commodity 
Exchange Act (7 U.S.C. 1 et seq.), including the purchase and hire of 
passenger motor vehicles, and the rental of space (to

[[Page 118 STAT. 2838]]

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

                       Farm Credit Administration

                  Limitation on Administrative Expenses

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

                      TITLE VII--GENERAL PROVISIONS

    Sec. 701. Within the unit limit of cost fixed by law, appropriations 
and authorizations made for the Department of Agriculture for the 
current fiscal year under this Act shall be available for the purchase, 
in addition to those specifically provided for, of not to exceed 388 
passenger motor vehicles, of which 388 shall be for replacement only, 
and for the hire of such vehicles.
    Sec. 702. Funds in this Act available to the Department of 
Agriculture shall be available for uniforms or allowances therefor as 
authorized by law (5 U.S.C. 5901-5902).
    Sec. 703. Funds appropriated by this Act shall be available for 
employment pursuant to the second sentence of section 706(a) of the 
Department of Agriculture Organic Act of 1944 (7 U.S.C. 2225) and 5 
U.S.C. 3109.
    Sec. 704. <<NOTE: 7 USC 2209b.>> New obligational authority provided 
for the following appropriation items in this Act shall remain available 
until expended: Animal and Plant Health Inspection Service, the 
contingency fund to meet emergency conditions, information technology 
infrastructure, fruit fly program, emerging plant pests, boll weevil 
program, low pathogen avian influenza program, up to $33,197,000 in 
animal health monitoring and surveillance for the animal identification 
system, up to $3,000,000 in the emergency management systems program for 
the vaccine bank, up to $1,000,000 for wildlife services methods 
development, up to $1,000,000 of the wildlife services operations 
program for aviation safety, and up to 25 percent of the screwworm 
program; Food Safety and Inspection Service, field automation and 
information management project; Cooperative State Research, Education, 
and Extension Service, funds for competitive research grants (7 U.S.C. 
450i(b)), funds for the Research, Education, and Economics Information 
System, and funds for the Native American Institutions Endowment Fund; 
Farm Service Agency, salaries and expenses funds made available to 
county committees; Foreign Agricultural Service, middle-income country 
training program, and up to $1,565,000 of the Foreign Agricultural 
Service appropriation solely for the purpose of offsetting fluctuations 
in international currency exchange rates, subject to documentation by 
the Foreign Agricultural Service.

    Sec. 705. The Secretary of Agriculture may transfer unobligated 
balances of discretionary funds appropriated by this Act or other 
available unobligated discretionary balances of the Department of 
Agriculture to the Working Capital Fund for the acquisition of plant and 
capital equipment necessary for the delivery of financial,

[[Page 118 STAT. 2839]]

administrative, and information technology services of primary benefit 
to the agencies of the Department of Agriculture: Provided, That none of 
the funds made available by this Act or any other Act shall be 
transferred to the Working Capital Fund without the prior approval of 
the agency administrator: Provided further, That none of the funds 
transferred to the Working Capital Fund pursuant to this section shall 
be available for obligation without the prior approval of the Committees 
on Appropriations of both Houses of Congress.
    Sec. 706. No part of any appropriation contained in this Act shall 
remain available for obligation beyond the current fiscal year unless 
expressly so provided herein.
    Sec. 707. Not to exceed $50,000 of the appropriations available to 
the Department of Agriculture in this Act shall be available to provide 
appropriate orientation and language training pursuant to section 606C 
of the Act of August 28, 1954 (7 U.S.C. 1766b).
    Sec. 708. No funds appropriated by this Act may be used to pay 
negotiated indirect cost rates on cooperative agreements or similar 
arrangements between the United States Department of Agriculture and 
nonprofit institutions in excess of 10 percent of the total direct cost 
of the agreement when the purpose of such cooperative arrangements is to 
carry out programs of mutual interest between the two parties. This does 
not preclude appropriate payment of indirect costs on grants and 
contracts with such institutions when such indirect costs are computed 
on a similar basis for all agencies for which appropriations are 
provided in this Act.
    Sec. 709. None of the funds in this Act shall be available to 
restrict the authority of the Commodity Credit Corporation to lease 
space for its own use or to lease space on behalf of other agencies of 
the Department of Agriculture when such space will be jointly occupied.
    Sec. 710. None of the funds in this Act shall be available to pay 
indirect costs charged against competitive agricultural research, 
education, or extension grant awards issued by the Cooperative State 
Research, Education, and Extension Service that exceed 20 percent of 
total Federal funds provided under each award: Provided, That 
notwithstanding section 1462 of the National Agricultural Research, 
Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3310), funds 
provided by this Act for grants awarded competitively by the Cooperative 
State Research, Education, and Extension Service shall be available to 
pay full allowable indirect costs for each grant awarded under section 9 
of the Small Business Act (15 U.S.C. 638).
    Sec. 711. Notwithstanding any other provision of this Act, all loan 
levels provided in this Act shall be considered estimates, not 
limitations.
    Sec. 712. Appropriations to the Department of Agriculture for the 
cost of direct and guaranteed loans made available in the current fiscal 
year shall remain available until expended to cover obligations made in 
the current fiscal year for the following accounts: the Rural 
Development Loan Fund program account, the Rural Telephone Bank program 
account, the Rural Electrification and Telecommunication Loans program 
account, and the Rural Housing Insurance Fund program account.
    Sec. 713. None of the funds in this Act may be used to retire more 
than 5 percent of the Class A stock of the Rural Telephone Bank or to 
maintain any account or subaccount within the

[[Page 118 STAT. 2840]]

accounting records of the Rural Telephone Bank the creation of which has 
not specifically been authorized by statute: Provided, That 
notwithstanding any other provision of law, none of the funds 
appropriated or otherwise made available in this Act may be used to 
transfer to the Treasury or to the Federal Financing Bank any 
unobligated balance of the Rural Telephone Bank telephone liquidating 
account which is in excess of current requirements and such balance 
shall receive interest as set forth for financial accounts in section 
505(c) of the Federal Credit Reform Act of 1990.
    Sec. 714. Of the funds made available by this Act, not more than 
$1,800,000 shall be used to cover necessary expenses of activities 
related to all advisory committees, panels, commissions, and task forces 
of the Department of Agriculture, except for panels used to comply with 
negotiated rule makings and panels used to evaluate competitively 
awarded grants.
    Sec. 715. None of the funds appropriated by this Act may be used to 
carry out section 410 of the Federal Meat Inspection Act (21 U.S.C. 
679a) or section 30 of the Poultry Products Inspection Act (21 U.S.C. 
471).
    Sec. 716. No employee of the Department of Agriculture may be 
detailed or assigned from an agency or office funded by this Act to any 
other agency or office of the Department for more than 30 days unless 
the individual's employing agency or office is fully reimbursed by the 
receiving agency or office for the salary and expenses of the employee 
for the period of assignment.
    Sec. 717. None of the funds appropriated or otherwise made available 
to the Department of Agriculture shall be used to transmit or otherwise 
make available to any non-Department of Agriculture employee questions 
or responses to questions that are a result of information requested for 
the appropriations hearing process.
    Sec. 718. None of the funds made available to the Department of 
Agriculture by this Act may be used to acquire new information 
technology systems or significant upgrades, as determined by the Office 
of the Chief Information Officer, without the approval of the Chief 
Information Officer and the concurrence of the Executive Information 
Technology Investment Review Board: Provided, That notwithstanding any 
other provision of law, none of the funds appropriated or otherwise made 
available by this Act may be transferred to the Office of the Chief 
Information Officer without the prior approval of the Committees on 
Appropriations of both Houses of Congress: Provided further, That none 
of the funds available to the Department of Agriculture for information 
technology shall be obligated for projects over $25,000 prior to receipt 
of written approval by the Chief Information Officer.
    Sec. 719. (a) None of the funds provided by this Act, or provided by 
previous Appropriations Acts to the agencies funded by this Act that 
remain available for obligation or expenditure in the current fiscal 
year, or provided from any accounts in the Treasury of the United States 
derived by the collection of fees available to the agencies funded by 
this Act, shall be available for obligation or expenditure through a 
reprogramming of funds which: (1) creates new programs; (2) eliminates a 
program, project, or activity; (3) increases funds or personnel by any 
means for any project or activity for which funds have been denied or 
restricted; (4) relocates an office or employees; (5) reorganizes 
offices, programs, or activities; or (6) contracts out or privatizes any 
functions or activities presently performed by Federal employees; unless 
the Committees

[[Page 118 STAT. 2841]]

on Appropriations of both Houses of Congress are notified 15 days in 
advance of such reprogramming of funds.
    (b) <<NOTE: Notification. Deadline.>> None of the funds provided by 
this Act, or provided by previous Appropriations Acts to the agencies 
funded by this Act that remain available for obligation or expenditure 
in the current fiscal year, or provided from any accounts in the 
Treasury of the United States derived by the collection of fees 
available to the agencies funded by this Act, shall be available for 
obligation or expenditure for activities, programs, or projects through 
a reprogramming of funds in excess of $500,000 or 10 percent, whichever 
is less, that: (1) augments existing programs, projects, or activities; 
(2) reduces by 10 percent funding for any existing program, project, or 
activity, or numbers of personnel by 10 percent as approved by Congress; 
or (3) results from any general savings from a reduction in personnel 
which would result in a change in existing programs, activities, or 
projects as approved by Congress; unless the Committees on 
Appropriations of both Houses of Congress are notified 15 days in 
advance of such reprogramming of funds.

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

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

[[Page 118 STAT. 2842]]

balances available to carry out title III of such Act as of the date of 
enactment of this Act, and any recoveries and reimbursements that become 
available to carry out title III of such Act, may be used to carry out 
title II of such Act.
    Sec. 725. Section 375(e)(6)(B) of the Consolidated Farm and Rural 
Development Act (7 U.S.C. 2008j(e)(6)(B)) is amended by striking 
``$26,998,000'' and inserting ``$27,998,000''.
    Sec. 726. (a) None of the funds appropriated or otherwise made 
available by this Act shall be used to pay the salaries and expenses of 
personnel to collect from the lender at the time of issuance a guarantee 
fee of less than 2 percent of the principal obligation of guaranteed 
single-family housing loans administered by the Rural Housing Service: 
Provided, That this section shall not apply to loans made to refinance 
other single-family housing loans administered by the Rural Housing 
Service.
    (b) Section 502(h)(6)(C) of the Housing Act of 1949 (42 U.S.C. 
1472(h)(6)(C)) is amended by inserting ``, plus the guarantee fee as 
authorized by subsection (h)(7)'' after ``whichever is less'', in each 
of paragraphs (i) and (ii).
    Sec. 727. <<NOTE: State listing.>> Notwithstanding any other 
provision of law, and until receipt of the decennial Census in the year 
2010, the Secretary of Agriculture shall consider--
            (1) the City of Salinas, California; the City of 
        Watsonville, California; and the City of Hollister, California, 
        eligible for programs administered by the Rural Housing Service;
            (2) the Town of Horseshoe Beach, Florida; the City of 
        Wewahitchka, Florida; the City of Southport, Florida; the City 
        of Resota Beach, Florida; the City of Creedmoor, North Carolina; 
        the County of Lake, Florida; the City of St. Cloud, Florida; the 
        City of Plantation, Florida; the Cleburne County Water Authority 
        of Alabama; and the City of Coburg, Oregon, eligible for loans 
        and grants funded through the rural utilities programs in the 
        Rural Community Advancement Program account;
            (3) the City of Casa Grande, Arizona, a rural area for 
        purposes of eligibility for loans and grants provided through 
        the Rural Housing Insurance Fund Program account, the Rural 
        Housing Assistance Grants account and the rural utilities 
        programs in the Rural Community Advancement Program account;
            (4) the City of Coachella, California, eligible for loans 
        and grants funded through the rural utilities programs and rural 
        business and cooperative development programs in the Rural 
        Community Advancement Program account and the Rural Housing 
        Insurance Fund Program account;
            (5) the City of Springfield, Ohio; the City of Lexington, 
        Virginia; the City of Clarksdale, Mississippi; the City of 
        Vicksburg, Mississippi; the City of Cache, Oklahoma; and the 
        City of Elgin, Oklahoma, eligible for loans and grants funded 
        through the rural community programs in the Rural Community 
        Advancement Program account;
            (6) the City of Carbondale, Illinois, a rural area for 
        purposes of eligibility for loans and grants funded through the 
        Rural Housing Insurance Fund Program account and the Rural 
        Housing Assistance Grants account;
            (7) the City of St. Joseph, Missouri, eligible for loans and 
        grants funded through the rural business and cooperative 
        development programs in the Rural Community Advancement Program 
        account relating to an application submitted to the

[[Page 118 STAT. 2843]]

        Department by a farmer-owned cooperative, a majority of whose 
        members reside in a rural area, as determined by the Secretary, 
        and for the purchase and operation of a facility beneficial to 
        the purpose of the cooperative; and
            (8) the fiber-to-premises broadband facilities in St. Lucie 
        County, Florida, and the City of Port St. Lucie, Florida, 
        collectively, to meet the eligibility requirements for loans and 
        loan guarantees under section 601 of the Rural Electrification 
        Act of 1936 (7 U.S.C. 950bb).

    Sec. 728. <<NOTE: HIV/AIDS.>> Of any shipments of commodities made 
pursuant to section 416(b) of the Agricultural Act of 1949 (7 U.S.C. 
1431(b)), the Secretary of Agriculture shall, to the extent practicable, 
direct that tonnage equal in value to not more than $25,000,000 shall be 
made available to foreign countries to assist in mitigating the effects 
of the Human Immunodeficiency Virus and Acquired Immune Deficiency 
Syndrome on communities, including the provision of--
            (1) agricultural commodities to--
                    (A) individuals with Human Immunodeficiency Virus or 
                Acquired Immune Deficiency Syndrome in the communities; 
                and
                    (B) households in the communities, particularly 
                individuals caring for orphaned children; and
            (2) agricultural commodities monetized to provide other 
        assistance (including assistance under microcredit and 
        microenterprise programs) to create or restore sustainable 
        livelihoods among individuals in the communities, particularly 
        individuals caring for orphaned children.

    Sec. 729. Notwithstanding any other provision of law, the Natural 
Resources Conservation Service shall provide financial and technical 
assistance to the DuPage County, Illinois, Kress Creek Water Quality 
Enhancement Project, from funds available for the Watershed and Flood 
Prevention Operations program, not to exceed $1,000,000 and Rockhouse 
Creek Watershed, Leslie County, Kentucky, not to exceed $1,000,000.
    Sec. 730. Notwithstanding any other provision of law, the Natural 
Resources Conservation Service may provide financial and technical 
assistance through the Watershed and Flood Prevention Operations program 
for the Kuhn Bayou project in Arkansas, the Matanuska River erosion 
control project in Alaska, the DuPage County watershed project in 
Illinois, and the Coal Creek project in Utah.
    Sec. 731. None of the funds made available in this Act may be 
transferred to any department, agency, or instrumentality of the United 
States Government, except pursuant to a transfer made by, or transfer 
authority provided in, this or any other appropriation Act.
    Sec. 732. Notwithstanding any other provision of law, of the funds 
made available in this Act for competitive research grants (7 U.S.C. 
450i(b)), the Secretary may use up to 20 percent of the amount provided 
to carry out a competitive grants program under the same terms and 
conditions as those provided in section 401 of the Agricultural 
Research, Extension, and Education Reform Act of 1998 (7 U.S.C. 7621).
    Sec. 733. None of the funds appropriated or made available by this 
or any other Act may be used to pay the salaries and

[[Page 118 STAT. 2844]]

expenses of personnel to carry out section 14(h)(1) of the Watershed 
Protection and Flood Prevention Act (16 U.S.C. 1012(h)(1)).
    Sec. 734. None of the funds made available to the Food and Drug 
Administration by this Act shall be used to close or relocate, or to 
plan to close or relocate, the Food and Drug Administration Division of 
Pharmaceutical Analysis in St. Louis, Missouri, outside the city or 
county limits of St. Louis, Missouri.
    Sec. 735. None of the funds appropriated or made available by this 
or any other Act may be used to pay the salaries and expenses of 
personnel to carry out subtitle I of the Consolidated Farm and Rural 
Development Act (7 U.S.C. 2009dd through dd-7).
    Sec. 736. Agencies and offices of the Department of Agriculture may 
utilize any unobligated salaries and expenses funds to reimburse the 
Office of the General Counsel for salaries and expenses of personnel, 
and for other related expenses, incurred in representing such agencies 
and offices in the resolution of complaints by employees or applicants 
for employment, and in cases and other matters pending before the Equal 
Employment Opportunity Commission, the Federal Labor Relations 
Authority, or the Merit Systems Protection Board with the prior approval 
of the Committees on Appropriations of both Houses of Congress.
    Sec. 737. None of the funds appropriated or made available by this 
or any other Act may be used to pay the salaries and expenses of 
personnel to carry out section 6405 of Public Law 107-171 (7 U.S.C. 
2655).
    Sec. 738. The Agricultural Marketing Service and the Grain 
Inspection, Packers and Stockyards Administration, that have statutory 
authority to purchase interest bearing investments outside of the 
Treasury, are not required to establish obligations and outlays for 
those investments, provided those investments are insured by the Federal 
Deposit Insurance Corporation or are collateralized at the Federal 
Reserve with securities approved by the Federal Reserve, operating under 
the guidelines of the United States Department of the Treasury.
    Sec. 739. Of the funds made available under section 27(a) of the 
Food Stamp Act of 1977 (7 U.S.C. 2011 et seq.), the Secretary may use up 
to $10,000,000 for costs associated with the distribution of 
commodities.
    Sec. 740. None of the funds appropriated or otherwise made available 
by this or any other Act shall be used to pay the salaries and expenses 
of personnel to enroll in excess of 154,500 acres in the calendar year 
2005 wetlands reserve program as authorized by 16 U.S.C. 3837.
    Sec. 741. None of the funds appropriated or otherwise made available 
by this or any other Act shall be used to pay the salaries and expenses 
of personnel who carry out an environmental quality incentives program 
authorized by chapter 4 of subtitle D of title XII of the Food Security 
Act of 1985 (16 U.S.C. 3839aa et seq.) in excess of $1,017,000,000.
    Sec. 742. <<NOTE: Firearms. 7 USC 2274a.>> Hereafter, the Secretary 
of Agriculture is authorized to permit employees of the United States 
Department of Agriculture to carry and use firearms for personal 
protection while conducting field work in remote locations in the 
performance of their official duties.

    Sec. 743. None of the funds appropriated or otherwise made available 
by this or any other Act shall be used to pay the salaries

[[Page 118 STAT. 2845]]

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

[[Page 118 STAT. 2846]]

    Sec. 753. Not more than $10,000,000 for fiscal year 2005 of the 
funds appropriated or otherwise made available by this or any other Act 
shall be used to carry out section 6029 of Public Law 107-171.
    Sec. 754. None of the funds appropriated or otherwise made available 
in this Act shall be expended to violate Public Law 105-264.
    Sec. 755. None of the funds appropriated or otherwise made available 
by this or any other Act shall be used to pay the salaries and expenses 
of personnel to carry out a ground and surface water conservation 
program authorized by section 2301 of Public Law 107-171 in excess of 
$51,000,000.
    Sec. 756. None of the funds made available by this Act may be used 
to issue a final rule in furtherance of, or otherwise implement, the 
proposed rule on cost-sharing for animal and plant health emergency 
programs of the Animal and Plant Health Inspection Service published on 
July 8, 2003 (Docket No. 02-062-1; 68 Fed. Reg. 40541).
    Sec. 757. None of the funds made available in this Act may be used 
to study, complete a study of, or enter into a contract with a private 
party to carry out, without specific authorization in a subsequent Act 
of Congress, a competitive sourcing activity of the Secretary of 
Agriculture, including support personnel of the Department of 
Agriculture, relating to rural development or farm loan programs.
    Sec. 758. Notwithstanding any other provision of law, the Secretary 
of Agriculture may use appropriations available to the Secretary for 
activities authorized under sections 426-426c of title 7, United States 
Code, under this or any other Act, to enter into cooperative agreements, 
with a State, political subdivision, or agency thereof, a public or 
private agency, organization, or any other person, to lease aircraft if 
the Secretary determines that the objectives of the agreement will: (1) 
serve a mutual interest of the parties to the agreement in carrying out 
the programs administered by the Animal and Plant Health Inspection 
Service, Wildlife Services; and (2) all parties will contribute 
resources to the accomplishment of these objectives; award of a 
cooperative agreement authorized by the Secretary may be made for an 
initial term not to exceed 5 years.
    Sec. 759. There is hereby appropriated $1,491,000, to remain 
available until September 30, 2006, to carry out section 6028 of Public 
Law 107-171: Provided, That notwithstanding section 383B(g)(1) of the 
Consolidated Farm and Rural Development Act (7 U.S.C. 2009bb-1(g)(1)), 
the Federal share of the administrative expenses of the Northern Great 
Plains Regional Authority for fiscal year 2005 shall be 100 percent.
    Sec. 760. None of the funds appropriated or otherwise made available 
by this or any other Act shall be used to pay the salaries and expenses 
of personnel to carry out section 9010 of Public Law 107-171 in excess 
of $100,000,000.
    Sec. 761. (a) The matter under the heading ``Rural Community 
Advancement Program'' in division A--Agriculture, Rural Development, 
Food and Drug Administration, and Related Agencies Programs 
Appropriations, 2004, title III--Rural Development Programs, in Public 
Law 108-199 is amended by striking ``$1,750,000 shall be for grants to 
the Delta Regional Authority (7 U.S.C. 1921 et seq.); and not less than 
$2,000,000 shall be available for grants

[[Page 118 STAT. 2847]]

in accordance with section 310B(f) of the Consolidated Farm and Rural 
Development Act'' and inserting ``and not less than $2,000,000 shall be 
available for grants in accordance with section 310B(f) of the 
Consolidated Farm and Rural Development Act: Provided further, That of 
the total amount appropriated in this account, $1,750,000 shall be for 
grants to the Delta Regional Authority (7 U.S.C. 1921 et seq.) for any 
Rural Community Advancement Program purpose''.
    (b) Consistent with any legal commitments made by the Delta Regional 
Authority, at the request of the Authority and if the Secretary of 
Agriculture agrees, the Secretary may deobligate any unexpended Rural 
Community Advancement Program grant funds made to the Authority pursuant 
to division A of Public Law 108-7: Provided, That such reobligated funds 
are used by the Authority for projects that are consistent with the 
purposes of the Rural Housing Service Community Facilities Program.
    Sec. 762. Of the unobligated balances available in the Rural Housing 
Assistance Grant Program account, $1,000,000 is hereby rescinded.
    Sec. 763. Agencies and offices of the Department of Agriculture may 
utilize any available discretionary funds to cover the costs of 
preparing, or contracting for the preparation of, final agency decisions 
regarding complaints of discrimination in employment or program 
activities arising within such agencies and offices.
    Sec. 764. Of the unobligated balances available in the Rural Housing 
Insurance Fund Program account, $3,000,000 is hereby rescinded.
    Sec. 765. <<NOTE: 42 USC 1472 note.>>  Notwithstanding any other 
provision of law, for any fiscal year and hereafter, in the case of a 
high cost isolated rural area in Alaska that is not connected to a road 
system, the maximum level for the single family housing assistance shall 
be 150 percent of the average income level in the metropolitan areas of 
the State and 115 percent of all other eligible areas of the State.

    Sec. 766. Funds made available under section 1240I and section 
1241(a) of the Food Security Act of 1985 in fiscal years 2002, 2003, 
2004, and 2005 shall remain available until expended to cover 
obligations made in fiscal years 2002, 2003, 2004, and 2005, 
respectively, and are not available for new obligations.
    Sec. 767. There is hereby appropriated $1,500,000, to remain 
available until expended, for the Denali Commission to address 
deficiencies in solid waste disposal sites which threaten to contaminate 
rural drinking water supplies.
    Sec. 768. Notwithstanding any other provision of law--
            (1)(A) the Alaska Department of Community and Economic 
        Development shall be eligible to receive a water and waste 
        disposal grant under section 306(a) of the Consolidated Farm and 
        Rural Development Act (7 U.S.C. 1926(a)) in an amount that is 
        equal to not more than 75 percent of the total cost of providing 
        water and sewer service to the proposed hospital in the 
        Matanuska-Susitna Borough, Alaska; and
            (B) the Alaska Department of Community and Economic 
        Development shall be allowed to pass the grant funds through to 
        the local government entity that will provide water and sewer 
        service to the hospital;
            (2) or any percentage of cost limitation in current law or 
        regulations, the construction projects known as the Tri-Valley 
        Community Center addition in Healy, Alaska; the Cold

[[Page 118 STAT. 2848]]

        Climate Housing Research Center in Fairbanks, Alaska; and the 
        University of Alaska-Fairbanks Allied Health Learning Center 
        skill labs/classrooms shall be eligible to receive Community 
        Facilities grants in amounts that are equal to not more than 75 
        percent of the total facility costs: Provided, That for the 
        purposes of this paragraph, the Cold Climate Housing Research 
        Center is designated an ``essential community facility'' for 
        rural Alaska;
            (3) the Secretary shall consider the City of Guymon, 
        Oklahoma; the City of Shawnee, Oklahoma; the Village of New 
        Miami, Ohio; the City of Vicksburg, Mississippi; and the City of 
        Altus, Oklahoma, to be eligible for loans and grants provided 
        through the Rural Housing Insurance Fund until receipt of the 
        decennial Census in the year 2010;
            (4) grants made under section 306(a)(19) of the Consolidated 
        Farm and Rural Development Act (7 U.S.C. 1926(a)(19)) using 
        funds made available under this Act for the cities of Ellisville 
        and Waynesboro, Mississippi, shall be made without a non-Federal 
        cost share requirement;
            (5) the City of Great Falls, Montana, shall be considered a 
        rural area for purposes of eligibility for business and industry 
        guaranteed loans under section 310B(a)(1) of the Consolidated 
        Farm and Rural Development Act (7 U.S.C. 1932(a)(1)) until 
        receipt of the decennial Census in the year 2010;
            (6) the Secretary may consider the Piedmont Municipal Power 
        Agency of South Carolina eligible to participate in programs 
        administered by the Rural Utilities Service until receipt of the 
        decennial Census in the year 2010; and
            (7) until receipt of the decennial Census for the year 2010, 
        for all activities under programs of the Rural Development 
        Mission Area within the County of Honolulu, Hawaii, the 
        Secretary may designate any portion of the county as a rural 
        area or eligible rural community that the Secretary determines 
        is not urban in character: Provided, That the Secretary shall 
        not include in any such rural area or eligible rural community 
        any area included in the Honolulu Census Designated Place as 
        determined by the Secretary of Commerce.

    Sec. 769. Section 501 of the Agricultural Trade Development and 
Assistance Act of 1954 (7 U.S.C. 1737) is amended--
            (1) in subsection (b)(1), by inserting ``and Doug Bereuter'' 
        after ``John Ogonowski''; and
            (2) in the heading, by inserting ``and doug bereuter'' after 
        ``john ogonowski''.

    Sec. 770. <<NOTE: Contracts.>> Notwithstanding the provisions of the 
Consolidated Farm and Rural Development Act (including the associated 
regulations) governing the Community Facilities Program, the Secretary 
may allow all Community Facility Program facility borrowers and grantees 
to enter into contracts with not-for-profit third parties for services 
consistent with the requirements of the Program, grant, and/or loan: 
Provided, That the contracts protect the interests of the Government 
regarding cost, liability, maintenance, and administrative fees.

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

[[Page 118 STAT. 2849]]

land in watersheds that have been impaired by fires initiated by the 
Federal Government and shall waive cost sharing requirements for the 
funding and assistance.
    Sec. 772. None of the funds made available in this Act may be used 
to provide credits or credit guarantees for agricultural commodities 
provided for use in Iraq in violation of subsection (e) or (f) of 
section 202 of the Agricultural Trade Act of 1978 (7 U.S.C. 5622).
    Sec. 773. None of the funds provided in this Act may be used for 
salaries and expenses to carry out any regulation or rule insofar as it 
would make ineligible for enrollment in the conservation reserve program 
established under subchapter B of chapter 1 of subtitle D of title XII 
of the Food Security Act of 1985 (16 U.S.C. 3831 et seq.) land that is 
planted to hardwood trees as of the date of enactment of this Act and 
was enrolled in the conservation reserve program under a contract that 
expired prior to calendar year 2002.
    Sec. 774. None of the funds made available in this Act may be used 
to restrict to prescription use a contraceptive that is determined to be 
safe and effective for use without the supervision of a practitioner 
licensed by law to administer prescription drugs under section 503(b) of 
the Federal Food, Drug, and Cosmetic Act.
    Sec. 775. Of the unobligated balances in the Local Television Loan 
Guarantee Program account, $88,000,000 are hereby rescinded.
    Sec. 776. Privacy Protection of Certain Sellers of Farm Products. 
Section 1324(c) of the Food Security Act of 1985 (7 U.S.C. 1631(c)) is 
amended--
            (1) in subsection (c)--
                    (A) in paragraph (2)(C)(ii)(II), by inserting ``, or 
                other approved unique identifier,'' after both ``social 
                security number'' and ``identification number'';
                    (B) in paragraph (4)(C)(iii), by inserting ``, or 
                other approved unique identifier,'' after both ``social 
                security number'' and ``identification number''; and
                    (C) by adding the following at the end:
            ``(5) The term `approved unique identifier' means a number, 
        combination of numbers and letters, or other identifier selected 
        by the Secretary of State using a selection system or method 
        approved by the Secretary of Agriculture.'';
            (2) in subsection (e)(1)(A)(ii)(III), by inserting ``, or 
        other approved unique identifier,'' after both ``social security 
        number'' and ``identification number''; and
            (3) in subsection (g)(2)(A)(ii)(III), by inserting ``, or 
        other approved unique identifier,'' after both ``social security 
        number'' and ``identification number''.

    Sec. 777. Section 532 of the Equity in Educational Land Grant Status 
Act of 1994 (7 U.S.C. 301 note; Public Law 193-382) is amended--
            (1) by redesignating paragraphs (23) through (32) as 
        paragraphs (24) through (33), respectively; and
            (2) by inserting after paragraph (22) the following: ``(23) 
        Tohono O`odham Community College.''.

    Sec. 778. Of the unobligated balances of funds in the Agricultural 
Conservation Program account, $3,500,000 are hereby rescinded.

[[Page 118 STAT. 2850]]

    Sec. 779. Notwithstanding any other provision of law, the amounts 
made available to the Dakota Value Capture Cooperative under section 747 
of the Agriculture, Rural Development, Food and Drug Administration, and 
Related Agencies Appropriations Act, 2002 (Public Law 107-76; 115 Stat. 
738) shall remain available until expended for a project conducted by 
the Dakota Value Capture Cooperative at South Dakota State University.
    Sec. 780. None of the funds made available under this Act shall be 
available to pay the administrative expenses of a State agency that, 
after the date of enactment of this Act, authorizes any new for-profit 
vendor(s) to transact food instruments under the Special Supplemental 
Nutrition Program for Women, Infants, and Children if it is expected 
that more than 50 percent of the annual revenue of the vendor from the 
sale of food items will be derived from the sale of supplemental foods 
that are obtained with WIC food instruments, except that the Secretary 
may approve the authorization of such a vendor if the approval is 
necessary to assure participant access to program benefits.
    Sec. 781. Of the unobligated balances under section 32 of the Act of 
August 24, 1935, $163,000,000 are hereby rescinded.
    Sec. 782. Of the unobligated balances available to the Foreign 
Agricultural Service for the Public Law 480 Title I Program at the 
beginning of fiscal year 2005, $191,108,000 are hereby rescinded: 
Provided, That for purposes of determining the amount of funds available 
for transfer under section 412(b) of Public Law 83-480, as amended, the 
maximum amount of funds available for transfer shall be calculated based 
upon the total funds available prior to this rescission.
    Sec. 783. The Secretary of Agriculture may use any unobligated 
carryover funds made available for any program administered by the Rural 
Utilities Service (not including funds made available under the heading 
``Rural Community Advancement Program'' in any Act of appropriation) to 
carry out section 315 of the Rural Electrification Act of 1936 (7 U.S.C. 
940e).
    Sec. 784. None of the funds made available by this or any other Act 
may be used to reduce the mission, resources, staffing, facilities, or 
capabilities of the Wildlife Habitat Management Institute in Mississippi 
as in existence on December 17, 2003.
    Sec. 785. Livestock Assistance. (a) In General.--In carrying out a 
livestock assistance, compensation, or feed program, the Secretary of 
Agriculture shall include elk, reindeer, and bison within the definition 
of ``livestock'' covered by the program.
    (b) Conforming Amendments.--
            (1) Section 602(2) of the Agricultural Act of 1949 (7 U.S.C. 
        1471(2)) is amended by inserting ``elk, reindeer, bison,'' after 
        ``cattle,''.
            (2) Section 10104 of the Farm Security and Rural Investment 
        Act of 2002 (7 U.S.C. 1472) is amended--
                    (A) by redesignating subsections (a) through (d) as 
                subsections (b) through (e), respectively; and
                    (B) by inserting before subsection (b) (as so 
                redesignated) the following:

    ``(a) Definition of Livestock.--In this section, the term 
`livestock' includes elk, reindeer, and bison.''.
            (3) Section 203(d) of the Agricultural Assistance Act of 
        2003 (Public Law 108-7; 117 Stat. 541) is amended--

[[Page 118 STAT. 2851]]

                    (A) by redesignating paragraph (2) as paragraph (3); 
                and
                    (B) by inserting after paragraph (1) the following:
            ``(2) Livestock.--The term `livestock' includes elk, 
        reindeer, and bison.''.

    Sec. 786. There is hereby appropriated $1,000,000, to remain 
available until expended, to carry out provisions of section 751 of 
division A of Public Law 108-7.
    Sec. 787. There is hereby appropriated $500,000 for a grant to 
Alaska Village Initiatives for the purpose of administering a private 
lands wildlife management program in Alaska.
    Sec. 788. Technical Corrections. (a) Section 104(b)(1) of the Child 
Nutrition and WIC Reauthorization Act of 2004 (Public Law 108-
265) <<NOTE: 42 USC 1758.>> is amended by striking the closing quotation 
marks and the following period at the end of section 9(b)(5)(A)(iv) of 
the Richard B. Russell National School Lunch Act (as added by that 
section 104(b)(1) of Public Law 108-265).

    (b) Section 13(a)(10) of the Richard B. Russell National School 
Lunch Act (42 U.S.C. 1761(a)(10)) (as added by section 116(d) of Public 
Law 108-265) is amended--
            (1) in subparagraph (C), by striking ``2005'' and inserting 
        ``2006''; and
            (2) in subparagraph (D)--
                    (A) in clause (i), by striking ``2007'' and 
                inserting ``2008''; and
                    (B) in clause (ii), by striking ``2008'' and 
                inserting ``2009''.

    (c) Section 21(e)(2)(A) of the Richard B. Russell National School 
Lunch Act (42 U.S.C. 1769b-1(e)(2)(A)) (as amended by section 
125(c)(2)(B) of Public Law 108-265) is amended by inserting ``and'' 
after ``2005''.
    (d) Section 17(f)(1)(C)(i) of the Child Nutrition Act of 1966 (42 
U.S.C. 1786(f)(1)(C)(i) (as amended by section 203(e)(10)(B) of Public 
Law 108-265) is amended by striking the period after ``subsection 
(h)(11)''.
    (e) Section 17(h)(8)(A)(vi) of the Child Nutrition Act of 1966 (42 
U.S.C. 1786(h)(8)(A)(vi) (as added by section 203(e)(5) of Public Law 
108-265) is amended by striking ``Each State'' and inserting ``Effective 
beginning October 1, 2004, each State''.
    (f) Section 502(b) of the Child Nutrition and WIC Reauthorization 
Act of 2004 <<NOTE: 42 USC 1754 note.>> (Public Law 108-265) is 
amended--
            (1) in paragraph (2), by striking ``203(e)(5),''; and
            (2) in paragraph (4), by striking ``104'' and inserting 
        ``104 (other than section 104(a)(1))''.

    Sec. 789. Section 104 of chapter 1 of the Emergency Supplemental 
Appropriations for Hurricane Disasters Assistance Act, 2005, <<NOTE: 15 
USC 720b.>> Public Law 108-324, is amended by adding ``and tropical 
storms'' after ``hurricanes''.

    Sec. 790. There is hereby appropriated $1,000,000, to remain 
available until expended, for a grant to the Ohio Livestock Expo Center 
in Springfield, Ohio.
    Sec. 791. There is hereby appropriated $1,000,000, to remain 
available until expended, for a grant to the Virginia Horse Center in 
Lexington, Virginia.
    Sec. 792. Notwithstanding any other provision of law, unobligated 
funding balances in the Great Plains Conservation Program authorized 
under section 16(b) of the Soil Conservation and

[[Page 118 STAT. 2852]]

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

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

[[Page 118 STAT. 2853]]

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

   TITLE <<NOTE: Department of Justice Appropriations Act, 2005.>> I--
DEPARTMENT OF JUSTICE

                         General Administration

                          salaries and expenses

    For expenses necessary for the administration of the Department of 
Justice, $124,100,000, of which not to exceed $3,317,000 is for the 
Facilities Program 2000, to remain available until expended: Provided, 
That not to exceed 45 permanent positions and 46 full-time equivalent 
workyears and $11,078,000 shall be expended for the Department 
Leadership Program exclusive of augmentation that occurred in these 
offices in fiscal year 2004: Provided further, That not to exceed 26 
permanent positions, 21 full-time equivalent workyears and $3,305,000 
shall be expended for the Office of Legislative Affairs: Provided 
further, That not to exceed 17 permanent positions, 21 full-time 
equivalent workyears and $2,470,000 shall be expended for the Office of 
Public Affairs: Provided further, That the latter two aforementioned 
offices may utilize non-reimbursable details of career employees within 
the caps described in the preceding two provisos.

                     joint automated booking system

    For expenses necessary for the nationwide deployment of a Joint 
Automated Booking System including automated capability to transmit 
fingerprint and image data, $20,185,000, to remain available until 
September 30, 2006.

     automated biometric identification system/integrated automated 
                    fingerprint identification system

    For necessary expenses for the planning, development, and deployment 
of an integrated fingerprint identification system, including automated 
capability to transmit fingerprint and image data, $5,054,000, to remain 
available until September 30, 2006.

                   Legal Activities Office Automation

    For necessary expenses related to the design, development, 
engineering, acquisition, and implementation of office automation 
systems for the organizations funded under the headings ``Salaries and 
Expenses, General Legal Activities'', and ``General Administration, 
Salaries and Expenses'', and the United States Attorneys, the United 
States Marshals Service, the Antitrust Division, the United States 
Trustee Program, the Executive Office for Immigration Review, the 
Community Relations Service, the Bureau of Prisons, the Office of 
Justice Programs, and the United States Parole Commission, $40,510,000, 
to remain available until September 30, 2006.

                        narrowband communications

    For the costs of conversion to narrowband communications, including 
the cost for operation and maintenance of Land Mobile

[[Page 118 STAT. 2854]]

Radio legacy systems, $100,000,000, to remain available until September 
30, 2006: Provided, That the Attorney General shall transfer to the 
``Narrowband Communications'' account all funds made available to the 
Department of Justice for the purchase of portable and mobile radios: 
Provided further, That any transfer made under the preceding proviso 
shall be subject to section 605 of this Act.

                    administrative review and appeals

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

                            detention trustee

    For necessary expenses of the Federal Detention Trustee, 
$885,994,000, to remain available until expended: Provided, That the 
Trustee shall be responsible for managing the Justice Prisoner and Alien 
Transportation System and for overseeing housing related to such 
detention: Provided further, That any unobligated balances available in 
prior years from the funds appropriated under the heading ``Federal 
Prisoner Detention'' shall be transferred to and merged with the 
appropriation under the heading ``Detention Trustee'' and shall be 
available until <<NOTE: Deadline.>> expended. Provided further, That the 
Trustee, working in consultation with the Bureau of Prisons, shall 
submit a plan for collecting information related to evaluating the 
health and safety of Federal prisoners in non-Federal institutions no 
later than 180 days following the enactment of this Act.

                       office of inspector general

    For necessary expenses of the Office of Inspector General, 
$63,813,000, including not to exceed $10,000 to meet unforeseen 
emergencies of a confidential character.

                     United States Parole Commission

                          Salaries and Expenses

    For necessary expenses of the United States Parole Commission as 
authorized, $10,638,000.

                            Legal Activities

             salaries and expenses, general legal activities

    For expenses necessary for the legal activities of the Department of 
Justice, not otherwise provided for, including not to exceed $20,000 for 
expenses of collecting evidence, to be expended under the direction of, 
and to be accounted for solely under the certificate of, the Attorney 
General; and rent of private or Government-owned space in the District 
of Columbia, $634,193,000, of which not to exceed $10,000,000 for 
litigation support contracts shall remain available until expended: 
Provided, That of the total amount appropriated, not to exceed $1,000 
shall be available to the United States National Central Bureau, 
INTERPOL, for official reception and representation expenses: Provided 
further, That notwithstanding any other provision of law, upon a 
determination by the Attorney General that emergent circumstances 
require additional

[[Page 118 STAT. 2855]]

funding for litigation activities of the Civil Division, the Attorney 
General may transfer such amounts to ``Salaries and Expenses, General 
Legal Activities'' from available appropriations for the current fiscal 
year for the Department of Justice, as may be necessary to respond to 
such circumstances: Provided further, That any transfer pursuant to the 
previous proviso shall be treated as a reprogramming under section 605 
of this Act and shall not be available for obligation or expenditure 
except in compliance with the procedures set forth in that section.
    In addition, for reimbursement of expenses of the Department of 
Justice associated with processing cases under the National Childhood 
Vaccine Injury Act of 1986, not to exceed $6,333,000, to be appropriated 
from the Vaccine Injury Compensation Trust Fund.

                Salaries and Expenses, Antitrust Division

    For expenses necessary for the enforcement of antitrust and kindred 
laws, $138,763,000, to remain available until expended: Provided, That, 
notwithstanding any other provision of law, not to exceed $101,000,000 
of offsetting collections derived from fees collected for premerger 
notification filings under the Hart-Scott-Rodino Antitrust Improvements 
Act of 1976 (15 U.S.C. 18a), regardless of the year of collection, shall 
be retained and used for necessary expenses in this appropriation, and 
shall remain available until expended: Provided further, That the sum 
herein appropriated from the general fund shall be reduced as such 
offsetting collections are received during fiscal year 2005, so as to 
result in a final fiscal year 2005 appropriation from the general fund 
estimated at not more than $37,763,000.

             Salaries and Expenses, United States Attorneys

    For necessary expenses of the Offices of the United States 
Attorneys, including inter-governmental and cooperative agreements, 
$1,547,519,000; of which not to exceed $2,500,000 shall be available 
until September 30, 2006, for: (1) training personnel in debt 
collection; (2) locating debtors and their property; (3) paying the net 
costs of selling property; and (4) tracking debts owed to the United 
States Government: Provided, That of the total amount appropriated, not 
to exceed $8,000 shall be available for official reception and 
representation expenses: Provided further, That not to exceed 
$10,000,000 of those funds available for automated litigation support 
contracts shall remain available until expended: Provided further, That 
not to exceed $2,500,000 for the operation of the National Advocacy 
Center shall remain available until expended: Provided further, That, in 
addition to reimbursable full-time equivalent workyears available to the 
Offices of the United States Attorneys, not to exceed 10,212 positions 
and 10,273 full-time equivalent workyears shall be supported from the 
funds appropriated in this Act for the United States Attorneys: Provided 
further, That of the funds made available under this heading, $1,500,000 
shall only be available to continue ``Operation Streetsweeper'': 
Provided further, That of the total amount appropriated, $5,000,000 
shall be for Project Seahawk and shall remain available until expended.

[[Page 118 STAT. 2856]]

                    united states trustee system fund

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

       salaries and expenses, foreign claims settlement commission

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

                     United States Marshals Service

                          salaries and expenses

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

                              construction

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

                     fees and expenses of witnesses

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

[[Page 118 STAT. 2857]]

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

           salaries and expenses, community relations service

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

                         assets forfeiture fund

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

          payment to radiation exposure compensation trust fund

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

                       Interagency Law Enforcement

                 interagency Crime and Drug Enforcement

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

                     Federal Bureau of Investigation

                          salaries and expenses

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

[[Page 118 STAT. 2858]]

available until expended; of which $1,017,000,000 shall be for 
counterterrorism investigations, foreign counterintelligence, and other 
activities related to our national security; of which $56,349,000 shall 
be for the operations, equipment, and facilities of the Foreign 
Terrorist Tracking Task Force; and of which not to exceed $20,000,000 is 
authorized to be made available for making advances for expenses arising 
out of contractual or reimbursable agreements with State and local law 
enforcement agencies while engaged in cooperative activities related to 
violent crime, terrorism, organized crime, gang-related crime, 
cybercrime, and drug investigations: Provided, That not to exceed 
$200,000 shall be available for official reception and representation 
expenses: Provided further, That, in addition to reimbursable full-time 
equivalent workyears available to the Federal Bureau of Investigation, 
not to exceed 30,039 positions and 29,082 full-time equivalent workyears 
shall be supported from the funds appropriated in this Act for the 
Federal Bureau of Investigation: Provided further, That up to $6,800,000 
of prior year unobligated balances shall be available for the necessary 
expense of construction of an aviation hangar, to remain available until 
September 30, 2006.

                              Construction

    For necessary expenses to construct or acquire buildings and sites 
by purchase, or as otherwise authorized by law (including equipment for 
such buildings); conversion and extension of Federally-owned buildings; 
and preliminary planning and design of projects; $10,242,000, to remain 
available until expended: Provided, That $9,000,000 shall be available 
to lease a records management facility, including equipment and 
relocation expenses, in Frederick County, Virginia.

                     Drug Enforcement Administration

                          Salaries and Expenses

    For necessary expenses of the Drug Enforcement Administration, 
including not to exceed $70,000 to meet unforeseen emergencies of a 
confidential character pursuant to 28 U.S.C. 530C; expenses for 
conducting drug education and training programs, including travel and 
related expenses for participants in such programs and the distribution 
of items of token value that promote the goals of such programs; and 
purchase of not to exceed 1,461 passenger motor vehicles, of which 1,346 
will be for replacement only, for police-type use, $1,653,265,000; of 
which not to exceed $75,000,000 shall remain available until expended; 
and of which not to exceed $100,000 shall be available for official 
reception and representation expenses: Provided, That, in addition to 
reimbursable full-time equivalent workyears available to the Drug 
Enforcement Administration, not to exceed 8,361 positions and 8,250 
full-time equivalent workyears shall be supported from the funds 
appropriated in this Act for the Drug Enforcement Administration: 
Provided further, That not to exceed $8,100,000 from prior year 
unobligated balances shall be available for the design, construction and 
ownership of a clandestine laboratory training facility and shall remain 
available until expended.

[[Page 118 STAT. 2859]]

           Bureau of Alcohol, Tobacco, Firearms and Explosives

                          Salaries and Expenses

    For necessary expenses of the Bureau of Alcohol, Tobacco, Firearms 
and Explosives, including the purchase of not to exceed 822 vehicles for 
police-type use, of which 650 shall be for replacement only; not to 
exceed $25,000 for official reception and representation expenses; for 
training of State and local law enforcement agencies with or without 
reimbursement, including training in connection with the training and 
acquisition of canines for explosives and fire accelerants detection; 
and for provision of laboratory assistance to State and local law 
enforcement agencies, with or without reimbursement, $890,357,000, of 
which not to exceed $1,000,000 shall be available for the payment of 
attorneys' fees as provided by 18 U.S.C. 924(d)(2); and of which 
$10,000,000 shall remain available until expended: Provided, That no 
funds appropriated herein shall be available for salaries or 
administrative expenses in connection with consolidating or 
centralizing, within the Department of Justice, the records, or any 
portion thereof, of acquisition and disposition of firearms maintained 
by Federal firearms licensees: Provided further, That no funds 
appropriated herein shall be used to pay administrative expenses or the 
compensation of any officer or employee of the United States to 
implement an amendment or amendments to 27 CFR 178.118 or to change the 
definition of ``Curios or relics'' in 27 CFR 178.11 or remove any item 
from ATF Publication 5300.11 as it existed on January 1, 1994: Provided 
further, That none of the funds appropriated herein shall be available 
to investigate or act upon applications for relief from Federal firearms 
disabilities under 18 U.S.C. 925(c): Provided further, That such funds 
shall be available to investigate and act upon applications filed by 
corporations for relief from Federal firearms disabilities under section 
925(c) of title 18, United States Code: Provided further, That no funds 
made available by this or any other Act may be used to transfer the 
functions, missions, or activities of the Bureau of Alcohol, Tobacco, 
Firearms and Explosives to other agencies or Departments in fiscal year 
2005: Provided further, <<NOTE: 18 USC 923 note.>> That no funds 
appropriated under this or any other Act with respect to any fiscal year 
may be used to disclose part or all of the contents of the Firearms 
Trace System database maintained by the National Trace Center of the 
Bureau of Alcohol, Tobacco, Firearms, and Explosives or any information 
required to be kept by licensees pursuant to section 923(g) of title 18, 
United States Code, or required to be reported pursuant to paragraphs 
(3) and (7) of such section 923(g), to anyone other than a Federal, 
State, or local law enforcement agency or a prosecutor solely in 
connection with and for use in a bona fide criminal investigation or 
prosecution and then only such information as pertains to the geographic 
jurisdiction of the law enforcement agency requesting the disclosure and 
not for use in any civil action or proceeding other than an action or 
proceeding commenced by the Bureau of Alcohol, Tobacco, Firearms, and 
Explosives, or a review of such an action or proceeding, to enforce the 
provisions of chapter 44 of such title, and all such data shall be 
immune from legal process and shall not be subject to subpoena or other 
discovery in any civil action in a State or Federal court or in any 
administrative proceeding other than a proceeding commenced by the 
Bureau

[[Page 118 STAT. 2860]]

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

                          Federal Prison System

                          Salaries and Expenses

    For expenses necessary of the Federal Prison System for the 
administration, operation, and maintenance of Federal penal and 
correctional institutions, including purchase (not to exceed 780, of 
which 649 are for replacement only) and hire of law enforcement and 
passenger motor vehicles, and for the provision of technical assistance 
and advice on corrections related issues to foreign governments, 
$4,627,696,000: Provided, <<NOTE: 42 USC 250a.>> That the Attorney 
General may transfer to the Health Resources and Services Administration 
such amounts as may be necessary for direct expenditures by that 
Administration for medical relief for inmates of Federal penal and 
correctional institutions: Provided further, That the Director of the 
Federal Prison System, where necessary, may enter into contracts with a 
fiscal agent/fiscal intermediary claims processor to determine the 
amounts payable to persons who, on behalf of the Federal Prison System, 
furnish health services to individuals committed to the custody of the 
Federal Prison System: Provided further, That not to exceed $6,000 shall 
be available for official reception and representation expenses: 
Provided further, That not to exceed $365,836,000 shall remain available 
for prison activations until September 30, 2006: Provided further, That, 
of the amounts provided for Contract Confinement, not to exceed 
$20,000,000 shall remain available until expended to make payments in 
advance for grants, contracts and reimbursable agreements, and other 
expenses authorized by section 501(c) of the Refugee Education 
Assistance Act of 1980, for the care and security in the United States 
of Cuban and Haitian entrants: Provided further, That the Director of 
the Federal Prison System may accept donated property and services 
relating to the operation of the prison card program

[[Page 118 STAT. 2861]]

from a not-for-profit entity which has operated such program in the past 
notwithstanding the fact that such not-for-profit entity furnishes 
services under contracts to the Federal Prison System relating to the 
operation of pre-release services, halfway houses or other custodial 
facilities.

                        Buildings and Facilities

    For planning, acquisition of sites and construction of new 
facilities; purchase and acquisition of facilities and remodeling, and 
equipping of such facilities for penal and correctional use, including 
all necessary expenses incident thereto, by contract or force account; 
and constructing, remodeling, and equipping necessary buildings and 
facilities at existing penal and correctional institutions, including 
all necessary expenses incident thereto, by contract or force account, 
$189,000,000, to remain available until expended, of which not to exceed 
$14,000,000 shall be available to construct areas for inmate work 
programs: Provided, That labor of United States prisoners may be used 
for work performed under this appropriation.

                 Federal Prison Industries, Incorporated

    The Federal Prison Industries, Incorporated, is hereby authorized to 
make such expenditures, within the limits of funds and borrowing 
authority available, and in accord with the law, and to make such 
contracts and commitments, without regard to fiscal year limitations as 
provided by section 9104 of title 31, United States Code, as may be 
necessary in carrying out the program set forth in the budget for the 
current fiscal year for such corporation, including purchase (not to 
exceed five for replacement only) and hire of passenger motor vehicles.

   Limitation on Administrative Expenses, Federal Prison Industries, 
                              Incorporated

    Not to exceed $3,411,000 of the funds of the corporation shall be 
available for its administrative expenses, and for services as 
authorized by 5 U.S.C. 3109, to be computed on an accrual basis to be 
determined in accordance with the corporation's current prescribed 
accounting system, and such amounts shall be exclusive of depreciation, 
payment of claims, and expenditures which such accounting system 
requires to be capitalized or charged to cost of commodities acquired or 
produced, including selling and shipping expenses, and expenses in 
connection with acquisition, construction, operation, maintenance, 
improvement, protection, or disposition of facilities and other property 
belonging to the corporation or in which it has an interest.

                    OFFICE ON VIOLENCE AGAINST WOMEN

       VIOLENCE AGAINST WOMEN PREVENTION AND PROSECUTION PROGRAMS

    For grants, contracts, cooperative agreements, and other assistance 
for the prevention and prosecution of violence against women as 
authorized by the Omnibus Crime Control and Safe Streets Act of 1968 
(``the 1968 Act''); the Violent Crime Control and Law Enforcement Act of 
1994 (Public Law 103-322) (``the 1994 Act'');

[[Page 118 STAT. 2862]]

the Victims of Child Abuse Act of 1990 (``the 1990 Act''); the 
Prosecutorial Remedies and Other Tools to End the Exploitation of 
Children Today Act of 2003 (Public Law 108-21); the Juvenile Justice and 
Delinquency Prevention Act of 1974 (``the 1974 Act''); and the Victims 
of Trafficking and Violence Protection Act of 2000 (Public Law 106-386); 
$387,275,000, including amounts for administrative costs, to remain 
available until expended: <<NOTE: Deadline.>> Provided, That all 
balances, unobligated and obligated, from grants and activities 
administered by the Office on Violence Against Women shall be 
transferred from the Office of Justice Programs to the Office on 
Violence Against Women within 60 days of enactment of this Act: Provided 
further, That of the amount provided--
            (1) $11,897,000 for the court-appointed special advocate 
        program, as authorized by section 217 of the 1990 Act;
            (2) $1,925,000 for child abuse training programs for 
        judicial personnel and practitioners, as authorized by section 
        222 of the 1990 Act;
            (3) $983,000 for grants for televised testimony, as 
        authorized by Part N of the 1968 Act;
            (4) $187,086,000 for grants to combat violence against 
        women, as authorized by part T of the 1968 Act, of which--
                    (A) $5,000,000 shall be for the National Institute 
                of Justice for research and evaluation of violence 
                against women;
                    (B) $10,000,000 shall be for the Office of Juvenile 
                Justice and Delinquency Prevention for the Safe Start 
                Program, as authorized by the 1974 Act; and
                    (C) $12,500,000 shall be for transitional housing 
                assistance grants for victims of domestic violence, 
                stalking or sexual assault as authorized by Public Law 
                108-21;
            (5) $63,491,000 for grants to encourage arrest policies as 
        authorized by part U of the 1968 Act;
            (6) $39,685,000 for rural domestic violence and child abuse 
        enforcement assistance grants, as authorized by section 40295(a) 
        of the 1994 Act;
            (7) $4,415,000 for training programs as authorized by 
        section 40152 of the 1994 Act, and for related local 
        demonstration projects;
            (8) $2,950,000 for grants to improve the stalking and 
        domestic violence databases, as authorized by section 40602 of 
        the 1994 Act;
            (9) $9,175,000 to reduce violent crimes against women on 
        campus, as authorized by section 1108(a) of Public Law 106-386;
            (10) $39,740,000 for legal assistance for victims, as 
        authorized by section 1201(c) of Public Law 106-386;
            (11) $4,600,000 for enhancing protection for older and 
        disabled women from domestic violence and sexual assault, as 
        authorized by section 40802 of the 1994 Act;
            (12) $14,078,000 for the safe havens for children pilot 
        program, as authorized by section 1301(a) of Public Law 106-386; 
        and
            (13) $7,250,000 for education and training to end violence 
        against and abuse of women with disabilities, as authorized by 
        section 1402(a) of Public Law 106-386.

[[Page 118 STAT. 2863]]

                       Office of Justice Programs

                           Justice Assistance

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

               STATE AND LOCAL LAW ENFORCEMENT ASSISTANCE

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

[[Page 118 STAT. 2864]]

            (6) $10,000,000 for victim services programs for victims of 
        trafficking, as authorized by section 107(b)(2) of Public Law 
        106-386;
            (7) $883,000 for the Missing Alzheimer's Disease Patient 
        Alert Program, as authorized by section 240001(c) of the 1994 
        Act;
            (8) $40,000,000 for Drug Courts, as authorized by Part EE of 
        the 1968 Act;
            (9) $2,000,000 for public awareness programs addressing 
        marketing scams aimed at senior citizens, as authorized by 
        section 250005(3) of the 1994 Act;
            (10) $10,000,000 for a prescription drug monitoring program;
            (11) $37,000,000 for prison rape prevention and prosecution 
        programs as authorized by the Prison Rape Elimination Act of 
        2003 (Public Law 108-79), of which $1,000,000 shall be 
        transferred to the National Prison Rape Elimination Commission 
        for authorized activities;
            (12) $25,000,000 for grants for residential substance abuse 
        treatment for State prisoners, as authorized by part S of the 
        1968 Act;
            (13) $10,500,000 for a program to improve State and local 
        law enforcement intelligence capabilities including training to 
        ensure that constitutional rights, civil liberties, civil 
        rights, and privacy interests are protected throughout the 
        intelligence process;
            (14) $1,000,000 for a State and local law enforcement hate 
        crimes training and technical assistance program;
            (15) $2,000,000 for Law Enforcement Family Support Programs, 
        as authorized by section 1001(a)(21) of the 1968 Act; and
            (16) $100,000 for Motor Vehicle Theft Prevention Programs, 
        as authorized by section 220002(h) of the 1994 Act:

Provided, That, if a unit of local government uses any of the funds made 
available under this title to increase the number of law enforcement 
officers, the unit of local government will achieve a net gain in the 
number of law enforcement officers who perform nonadministrative public 
safety service.

                       WEED AND SEED PROGRAM FUND

    For necessary expenses, including salaries and related expenses of 
the Executive Office for Weed and Seed, to implement ``Weed and Seed'' 
program activities, $62,000,000, to remain available until September 30, 
2006, for inter-governmental agreements, including grants, cooperative 
agreements, and contracts, with State and local law enforcement 
agencies, non-profit organizations, and agencies of local government 
engaged in the investigation and prosecution of violent and gang-related 
crimes and drug offenses in ``Weed and Seed'' designated communities, 
and for either reimbursements or transfers to appropriation accounts of 
the Department of Justice and other Federal agencies which shall be 
specified by the Attorney General to execute the ``Weed and Seed'' 
program strategy: Provided, That funds designated by Congress through 
language for other Department of Justice appropriation accounts for 
``Weed and Seed'' program activities shall be managed and executed by 
the Attorney General through the Executive Office for Weed and Seed: 
Provided further, That the Attorney General may direct the use of other

[[Page 118 STAT. 2865]]

Department of Justice funds and personnel in support of ``Weed and 
Seed'' program activities only after the Attorney General notifies the 
Committees on Appropriations of the House of Representatives and the 
Senate in accordance with section 605 of this Act: Provided further, 
That of the funds appropriated for the Executive Office for Weed and 
Seed, $2,000,000 shall be directed for comprehensive community 
development training and technical assistance.

                  COMMUNITY ORIENTED POLICING SERVICES

    For activities authorized by the Violent Crime Control and Law 
Enforcement Act of 1994 (Public Law 103-322) (including administrative 
costs), $606,446,000, to remain available until expended: Provided, That 
funds that become available as a result of deobligations from prior year 
balances may not be obligated except in accordance with section 605 of 
this Act: Provided further, That of the funds under this heading, not to 
exceed $2,575,000 shall be available for the Office of Justice Programs 
for reimbursable services associated with programs administered by the 
Community Oriented Policing Services Office: Provided further, That 
section 1703(b) and (c) of the Omnibus Crime Control and Safe Streets 
Act of 1968 (``the 1968 Act'') shall not apply to non-hiring grants made 
pursuant to part Q of title I thereof (42 U.S.C. 3796dd et seq.). Of the 
amounts provided--
            (1) $10,000,000 is for the hiring of law enforcement 
        officers, including $5,000,000 for school resource officers;
            (2) $15,000,000 is for training and technical assistance;
            (3) $20,000,000 is for improving tribal law enforcement 
        including equipment and training;
            (4) $100,000,000 is for the COPS Interoperable 
        Communications Technology Program;
            (5) $7,500,000 is for a police integrity program;
            (6) $25,000,000 is for the matching grant program for law 
        enforcement armor vests as authorized by section 2501 of part Y 
        of the 1968 Act: Provided, That not to exceed 2 percent of such 
        funds shall be available to the Office of Justice Programs for 
        testing of and research relating to law enforcement armor vests;
            (7) $52,556,000 is for policing initiatives to combat 
        methamphetamine production and trafficking and to enhance 
        policing initiatives in ``drug hot spots'';
            (8) $15,000,000 is for Police Corps education and training: 
        Provided, That the out-year program costs of new recruits shall 
        be fully funded from funds currently available;
            (9) $138,615,000 is for a law enforcement technology 
        program;
            (10) $25,000,000 is for grants to upgrade criminal records, 
        as authorized under the Crime Identification Technology Act of 
        1998 (42 U.S.C. 14601);
            (11) $28,450,000 is for grants, contracts and other 
        assistance to States under section 102(b) of the Crime 
        Identification Technology Act of 1998 (42 U.S.C. 14601);
            (12) $110,000,000 is for a DNA analysis and capacity 
        enhancement program;
            (13) $15,000,000 is for Paul Coverdell Forensic Sciences 
        Improvement Grants under part BB of title I of the 1968 Act (42 
        U.S.C. 3797j et seq.);

[[Page 118 STAT. 2866]]

            (14) $10,000,000 is for an offender re-entry program, as 
        authorized by Public Law 107-273;
            (15) $4,325,000 is for the Safe Schools Initiative; and
            (16) not to exceed $30,000,000 is for program management and 
        administration.

                        JUVENILE JUSTICE PROGRAMS

    For grants, contracts, cooperative agreements, and other assistance 
authorized by the Juvenile Justice and Delinquency Prevention Act of 
1974 (``the Act''), and other juvenile justice programs, including 
salaries and expenses in connection therewith to be transferred to and 
merged with the appropriations for Justice Assistance, $384,177,000, to 
remain available until expended, as follows--
            (1) $3,000,000 for concentration of Federal efforts, as 
        authorized by section 204 of the Act;
            (2) $84,000,000 for State and local programs authorized by 
        section 221 of the Act, including training and technical 
        assistance to assist small, non-profit organizations with the 
        Federal grants process;
            (3) $102,177,000 for demonstration projects, as authorized 
        by sections 261 and 262 of the Act;
            (4) $10,000,000 for research, evaluation, training and 
        technical assistance, as authorized by sections 251 and 252 of 
        the Act;
            (5) $15,000,000 for juvenile mentoring programs;
            (6) $80,000,000 for delinquency prevention, as authorized by 
        section 505 of the Act, of which--
                    (A) $10,000,000 shall be for the Tribal Youth 
                Program;
                    (B) $25,000,000 shall be for a gang resistance 
                education and training program to be administered by the 
                Bureau of Justice Assistance and to be coordinated with 
                the Bureau of Alcohol, Tobacco, Firearms and Explosives 
                and the Office of Juvenile Justice and Delinquency 
                Prevention; and
                    (C) $25,000,000 shall be for grants of $360,000 to 
                each State and $6,640,000 shall be available for 
                discretionary grants to States, for programs and 
                activities to enforce State laws prohibiting the sale of 
                alcoholic beverages to minors or the purchase or 
                consumption of alcoholic beverages by minors, prevention 
                and reduction of consumption of alcoholic beverages by 
                minors, and for technical assistance and training;
            (7) $5,000,000 for Project Childsafe;
            (8) $15,000,000 for the Secure Our Schools Act as authorized 
        by Public Law 106-386;
            (9) $15,000,000 for programs authorized by the Victims of 
        Child Abuse Act of 1990; and
            (10) $55,000,000 for the Juvenile Accountability Block 
        Grants program as authorized by Public Law 107-273 and Guam 
        shall be considered a State:

Provided, That not more than 10 percent of each amount may be used for 
research, evaluation, and statistics activities designed to benefit the 
programs or activities authorized: Provided further, That not more than 
2 percent of each amount may be used for training and technical 
assistance.

[[Page 118 STAT. 2867]]

                     Public Safety Officers Benefits

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

                General Provisions--Department of Justice

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

[[Page 118 STAT. 2868]]

    Sec. 108. In addition to the amounts provided under ``Salaries and 
Expenses, United States Attorneys'', $15,000,000 shall be for Project 
Seahawk and shall remain available until expended.
    Sec. 109. <<NOTE: 5 USC 3104 note.>> The Attorney General is 
authorized to extend through September 30, 2006, the Personnel 
Management Demonstration Project transferred to the Attorney General 
pursuant to section 1115 of the Homeland Security Act of 2002, Public 
Law 107-296 (6 U.S.C. 533) without limitation on the number of employees 
or the positions covered.

    Sec. 110. (a) None of the funds made available in this Act may be 
used by the Drug Enforcement Administration to establish a procurement 
quota following the approval of a new drug application or an abbreviated 
new drug application for a controlled substance.
    (b) <<NOTE: Effective date.>> The limitation established in 
subsection (a) shall not apply until 180 days after enactment of this 
Act.

    Sec. 111. The limitation established in the preceding section shall 
not apply to any new drug application or abbreviated new drug 
application for which the Drug Enforcement Administration has reviewed 
and provided public comments on labeling, promotion, risk management 
plans, and any other documents.
    Sec. 112. (a) Section 8335(b) of title 5, United States Code, is 
amended--
            (1) by striking ``(b)'' and inserting ``(b)(1)''; and
            (2) by adding at the end the following:

    ``(2) <<NOTE: Applicability.>> In the case of employees of the 
Federal Bureau of Investigation, the second sentence of paragraph (1) 
shall be applied by substituting `65 years of age' for `60 years of 
age'. <<NOTE: Termination date.>> The authority to grant exemptions in 
accordance with the preceding sentence shall cease to be available after 
December 31, 2009.''.

    (b) Section 8425(b) of title 5, United States Code, is amended--
            (1) by striking ``(b)'' and inserting ``(b)(1)''; and
            (2) by adding at the end the following:

    ``(2) <<NOTE: Applicability.>> In the case of employees of the 
Federal Bureau of Investigation, the second sentence of paragraph (1) 
shall be applied by substituting `65 years of age' for `60 years of 
age'. <<NOTE: Termination date.>> The authority to grant exemptions in 
accordance with the preceding sentence shall cease to be available after 
December 31, 2009.''.

    Sec. 113. (a) Subchapter IV of chapter 57 of title 5, United States 
Code, is amended by adding at the end the following:

``Sec. 5759. Retention and relocation bonuses for the Federal Bureau of 
                        Investigation

    ``(a) Authority.--The Director of the Federal Bureau of 
Investigation, after consultation with the Director of the Office of 
Personnel Management, may pay, on a case-by-case basis, a bonus under 
this section to an employee of the Bureau if--
            ``(1)(A) the unusually high or unique qualifications of the 
        employee or a special need of the Bureau for the employee's 
        services makes it essential to retain the employee; and
            ``(B) the Director of the Federal Bureau of Investigation 
        determines that, in the absence of such a bonus, the employee 
        would be likely to leave--
                    ``(i) the Federal service; or
                    ``(ii) for a different position in the Federal 
                service; or

[[Page 118 STAT. 2869]]

            ``(2) the individual is transferred to a different 
        geographic area with a higher cost of living (as determined by 
        the Director of the Federal Bureau of Investigation).

    ``(b) Service Agreement.--Payment of a bonus under this section is 
contingent upon the employee entering into a written service agreement 
with the Bureau to complete a period of service with the Bureau. Such 
agreement shall include--
            ``(1) the period of service the individual shall be required 
        to complete in return for the bonus; and
            ``(2) the conditions under which the agreement may be 
        terminated before the agreed-upon service period has been 
        completed, and the effect of the termination.

    ``(c) Limitation on Authority.--A bonus paid under this section may 
not exceed 50 percent of the employee's basic pay.
    ``(d) Impact on Basic Pay.--A retention bonus is not part of the 
basic pay of an employee for any purpose.
    ``(e) Termination of Authority.--The authority to grant bonuses 
under this section shall cease to be available after December 31, 
2009.''.
    (b) The analysis for chapter 57 of title 5, United States Code, is 
amended by adding at the end the following:

``5759. Retention and relocation bonuses for the Federal Bureau of 
           Investigation.''.

    Sec. 114. (a) Chapter 35 of title 5 of the United States Code, is 
amended by adding at the end the following:

  ``SUBCHAPTER VII--RETENTION OF RETIRED SPECIALIZED EMPLOYEES AT THE 
                     FEDERAL BUREAU OF INVESTIGATION

``Sec. 3598. Federal Bureau of Investigation Reserve Service

    ``(a) Establishment.--The Director of the Federal Bureau of 
Investigation may provide for the establishment and training of a 
Federal Bureau of Investigation Reserve Service (hereinafter in this 
section referred to as the `FBI Reserve Service') for temporary 
reemployment of employees in the Bureau during periods of emergency, as 
determined by the Director.
    ``(b) Membership.--Membership in the FBI Reserve Service shall be 
limited to individuals who previously served as full-time employees of 
the Bureau.
    ``(c) Annuitants.--If an annuitant receiving an annuity from the 
Civil Service Retirement and Disability Fund becomes temporarily 
reemployed pursuant to this section, such annuity shall not be 
discontinued thereby. An annuitant so reemployed shall not be considered 
an employee for the purposes of chapter 83 or 84.
    ``(d) No Impact on Bureau Personnel Ceiling.--FBI Reserve Service 
members reemployed on a temporary basis pursuant to this section shall 
not count against any personnel ceiling applicable to the Bureau.
    ``(e) Expenses.--The Director may provide members of the FBI Reserve 
Service transportation and per diem in lieu of subsistence, in 
accordance with applicable provisions of this title, for the purpose of 
participating in any training that relates to service as a member of the 
FBI Reserve Service.
    ``(f) Limitation on Membership.--Membership of the FBI Reserve 
Service is not to exceed 500 members at any given time.''.
    (b) The analysis for chapter 35 of title 5, United States Code, is 
amended by adding at the end the following:

[[Page 118 STAT. 2870]]

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

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

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

    Sec. 116. <<NOTE: 28 USC 533 note.>> Notwithstanding any other 
provision of law, Public Law 102-395 section 102(b) shall extend to the 
Bureau of Alcohol, Tobacco, Firearms and Explosives in the conduct of 
undercover investigative operations and shall apply without fiscal year 
limitation with respect to any undercover investigative operation 
initiated by the Bureau of Alcohol, Tobacco, Firearms and Explosives 
that is necessary for the detection and prosecution of crimes against 
the United States.

    Sec. 117. <<NOTE: 31 USC 1344 and note.>> Section 1344 of title 31 
of the United States Code, is amended in subsection (b) paragraph (6) by 
inserting after ``Federal Bureau of Investigation,'' the words 
``Director of the Bureau of Alcohol, Tobacco, Firearms and 
Explosives''. <<NOTE: Effective date.>> This amendment shall take effect 
as if enacted on January 1, 2004.

    Sec. 118. <<NOTE: Deadline.>> Within 45 days of enactment of this 
Act, the Bureau of Prisons will submit a comprehensive financial plan 
for the Federal Prison System to the Committees on Appropriations.

    Sec. 119. The Bureau of Prisons shall implement a pilot program in 
the Southern District of Florida which would allow the Federal Public 
Defender to transfer computers to the local detention facility to review 
electronic discovery. These computers will be used according to 
schedules and protocols developed by the staff of the local facility in 
consultation with the Federal Defender and the District Court's Criminal 
Justice Act Selection Committee.
    Sec. 120. None of the funds made available to the Department of 
Justice in this Act may be used for the purpose of transporting an 
individual who is a prisoner pursuant to conviction for crime under 
State or Federal law and is classified as a maximum or high security 
prisoner, other than to a prison or other facility certified by the 
Federal Bureau of Prisons as appropriately secure for housing such a 
prisoner.
    Sec. 121. (a) None of the funds appropriated by this Act may be used 
by Federal prisons to purchase cable television services, to rent or 
purchase videocassettes, videocassette recorders, or other audiovisual 
or electronic equipment used primarily for recreational purposes.
    (b) The preceding sentence does not preclude the renting, 
maintenance, or purchase of audiovisual or electronic equipment for 
inmate training, religious, or educational programs.
    Sec. 122. Section 3(e) of the Radiation Exposure Compensation Act 
(42 U.S.C. 2210 note) is amended--
            (1) in paragraph (1), by striking ``through fiscal year 
        2011''; and
            (2) in paragraph (2), by striking subparagraphs (E) through 
        (J).

[[Page 118 STAT. 2871]]

    Sec. 123. The Prison Rape Elimination Act of 2003 is amended--
            (1) in section <<NOTE: 42 USC 15606.>> 7--
                    (A) in the heading by striking ``reduction'' and 
                inserting ``elimination''; and
                    (B) in subsection (a) by striking ``Reduction'' and 
                inserting ``Elimination''; and
            (2) in section 1(b), by striking ``Reduction'' in the item 
        relating to section 7 and inserting ``Elimination''.

    Sec. 124. <<NOTE: President. Medals. 31 USC 5111 note.>> (a) The 
President shall award and present a 9/11 Heroes Medal of Valor of 
appropriate design, with ribbons and appurtenances, to an appropriate 
representative of those individuals who were members of public safety 
agencies and were killed in the terrorist attacks in the United States 
on September 11, 2001, as certified by the Attorney General, on behalf 
of such individuals.

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

    (2) An individual who was killed in one of the attacks referred to 
in paragraph (1)(B) shall be deemed, for purposes of the eligibility 
requirement of that paragraph, to have participated in the response.
    (3) <<NOTE: Certification. Deadline.>> The certification of eligible 
recipients of the medal under subsection (a) shall be completed by the 
Attorney General by July 1, 2005.

    (d)(1)(A) The design of the medal under this section shall be 
selected by the Attorney General after consultation with--
            (i) the Commission of Fine Arts; and
            (ii) the Institute of Heraldry within the Department of 
        Defense, regarding the design and artistry of the 9/11 Heroes 
        Medal of Valor.

    (B) The Attorney General may also consider suggestions received by 
the Department of Justice regarding the design of the medal, including 
those made by persons not employed by the Department of Justice.
    (2) After such consultation and selection of design, the Attorney 
General shall make necessary arrangements with the Secretary of the 
Treasury for the Secretary to prepare and strike, on a reimbursable 
basis, such number of medals as may be required to carry out this 
section.
    (3) The medals struck under this section are national medals for 
purposes of chapter 51 of title 31, United States Code.
    (e) <<NOTE: Procedures.>> The Attorney General shall establish such 
procedures and requirements as may be necessary to carry out this 
section.

    (f) There are authorized to be appropriated to the Attorney General 
such sums as may be necessary to carry out this section.

[[Page 118 STAT. 2872]]

    Sec. 125. <<NOTE: Real property.>> (a) The Attorney General shall 
transfer, without reimbursement, to the Secretary of the Army a parcel 
of real property, including any improvements thereon, consisting of 
approximately 57.8 acres located on River Road in Prince George County, 
Virginia. The real property is currently under the administrative 
jurisdiction of the Bureau of Prisons. Upon transfer of the real 
property under this subsection, the Secretary of the Army shall assume 
administrative and jurisdictional accountability over property and 
include the property as part of Fort Lee, Virginia.

    (b) The exact acreage and legal description of the real property to 
be transferred under subsection (a) shall be determined by a survey 
satisfactory to the Secretary of the Army.
    Sec. 126. <<NOTE: Establishment. 28 USC 501 note.>> The Department 
of Justice shall establish an Office of Justice for Victims of Overseas 
Terrorism.

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

     TITLE II-- <<NOTE: Department of Commerce and Related Agencies 
Appropriations Act, 2005.>> DEPARTMENT OF COMMERCE AND RELATED AGENCIES

                  Trade and Infrastructure Development

                            RELATED AGENCIES

            Office of the United States Trade Representative

                          Salaries and Expenses

    For necessary expenses of the Office of the United States Trade 
Representative, including the hire of passenger motor vehicles and the 
employment of experts and consultants as authorized by 5 U.S.C. 3109, 
$41,552,000, of which $1,000,000 shall remain available until expended: 
Provided, That not to exceed $124,000 shall be available for official 
reception and representation expenses: Provided further, That not less 
than $2,000,000 provided under this heading shall be for expenses 
authorized by 19 U.S.C. 2451 and 1677b(c): Provided further, That 
negotiations shall be conducted within the World Trade Organization to 
recognize the right of members to distribute monies collected from 
antidumping and countervailing duties: Provided 
further, <<NOTE: Establishment. Government organization. 19 USC 2171 
note.>> That there is established a position of Chief Negotiator for 
Intellectual Property Enforcement.

   National Intellectual Property Law Enforcement Coordination Council

    For necessary expenses of the National Intellectual Property Law 
Enforcement Coordination Council to coordinate domestic and 
international intellectual property protection and law enforcement 
relating to intellectual property among Federal and foreign entities, 
$2,000,000, to remain available until September 30, 2006: Provided, 
That <<NOTE: 15 USC 1128 note. Government organization.>> there shall be 
at the head of the National Intellectual Property Law Enforcement 
Coordination Council a Coordinator for International Intellectual 
Property <<NOTE: President.>> Enforcement: Provided further, That the 
Coordinator for International Intellectual Property Enforcement shall be 
appointed by the President: Provided further, That no person shall serve 
as the Coordinator for International Intellectual Property Enforcement 
while serving in any other position in the Federal Government: Provided 
further, That the co-chairs of the

[[Page 118 STAT. 2873]]

National Intellectual Property Law Enforcement Coordination Council, as 
designated by Public Law 106-58, shall report to the Coordinator for 
International Intellectual Property Enforcement on matters concerning 
the National Intellectual Property Law Enforcement Coordination Council: 
Provided further, That the National Intellectual Property Law 
Enforcement Coordination Council shall--
            (1) establish policies, objectives, and priorities 
        concerning international intellectual property protection and 
        intellectual property law enforcement;
            (2) promulgate a strategy for protecting American 
        intellectual property overseas; and
            (3) coordinate and oversee implementation by agencies with 
        responsibilities for intellectual property protection and 
        intellectual property law enforcement of the policies, 
        objectives, and priorities established under paragraph (1) and 
        the fulfillment of the responsibilities assigned to such 
        agencies in the strategy described in paragraph (2):

Provided further, That the Coordinator for International Intellectual 
Property Enforcement shall develop for each fiscal year, with the advice 
of the members of the National Intellectual Property Law Enforcement 
Coordination Council and any other departments and agencies with 
responsibilities for intellectual property protection and intellectual 
property law enforcement, a budget proposal to implement the strategy 
described in paragraph (2) and for the operations of the National 
Intellectual Property Law Enforcement Coordination Council, and shall 
transmit such budget proposal to the President and to the Congress: 
Provided further, That the Coordinator for International Intellectual 
Property Enforcement may select, appoint, employ, and fix compensation 
of such officers and employees as may be necessary to carry out the 
functions of the National Intellectual Property Law Enforcement 
Coordination Council: Provided further, That the Coordinator for 
International Intellectual Property Enforcement may direct, with the 
concurrence of the Secretary of a department or head of an agency, the 
temporary reassignment within the Federal Government of personnel 
employed by such department or agency.

                     International Trade Commission

                          Salaries and Expenses

    For necessary expenses of the International Trade Commission, 
including hire of passenger motor vehicles, and services as authorized 
by 5 U.S.C. 3109, and not to exceed $2,500 for official reception and 
representation expenses, $61,700,000, to remain available until 
expended.

                         DEPARTMENT OF COMMERCE

                   International Trade Administration

                      Operations and administration

    For necessary expenses for international trade activities of the 
Department of Commerce provided for by law, and for engaging in trade 
promotional activities abroad, including expenses of grants and 
cooperative agreements for the purpose of promoting exports

[[Page 118 STAT. 2874]]

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

                     Bureau of Industry and Security

                      Operations and administration

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

[[Page 118 STAT. 2875]]

dependent members of immediate families of employees stationed overseas; 
employment of Americans and aliens by contract for services abroad; 
payment of tort claims, in the manner authorized in the first paragraph 
of 28 U.S.C. 2672 when such claims arise in foreign countries; not to 
exceed $15,000 for official representation expenses abroad; awards of 
compensation to informers under the Export Administration Act of 1979, 
and as authorized by 22 U.S.C. 401(b); and purchase of passenger motor 
vehicles for official use and motor vehicles for law enforcement use 
with special requirement vehicles eligible for purchase without regard 
to any price limitation otherwise established by law, $68,393,000, to 
remain available until expended, of which $7,200,000 shall be for 
inspections and other activities related to national security: Provided, 
That the provisions of the first sentence of section 105(f) and all of 
section 108(c) of the Mutual Educational and Cultural Exchange Act of 
1961 (22 U.S.C. 2455(f) and 2458(c)) shall apply in carrying out these 
activities: Provided further, That payments and contributions collected 
and accepted for materials or services provided as part of such 
activities may be retained for use in covering the cost of such 
activities, and for providing information to the public with respect to 
the export administration and national security activities of the 
Department of Commerce and other export control programs of the United 
States and other governments.

                   Economic Development Administration

                Economic development assistance programs

    For grants for economic development assistance as provided by the 
Public Works and Economic Development Act of 1965, and for trade 
adjustment assistance, $257,423,000, to remain available until expended.

                          Salaries and expenses

    For necessary expenses of administering the economic development 
assistance programs as provided for by law, $30,483,000: Provided, That 
these funds may be used to monitor projects approved pursuant to title I 
of the Public Works Employment Act of 1976, title II of the Trade Act of 
1974, and the Community Emergency Drought Relief Act of 1977.

                  Minority Business Development Agency

                      Minority business development

    For necessary expenses of the Department of Commerce in fostering, 
promoting, and developing minority business enterprise, including 
expenses of grants, contracts, and other agreements with public or 
private organizations, $29,899,000.

                 Economic and Information Infrastructure

                    Economic and Statistical Analysis

                          Salaries and expenses

    For necessary expenses, as authorized by law, of economic and 
statistical analysis programs of the Department of Commerce,

[[Page 118 STAT. 2876]]

$80,000,000, to remain available until September 30, 2006, of which 
$2,000,000 is for a grant to the National Academy of Public 
Administration to study impacts of off-shoring on the economy and 
workforce of the United States.

                          Bureau of the Census

                          Salaries and expenses

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

                     Periodic censuses and programs

    For necessary expenses related to the 2010 decennial census, 
$393,515,000, to remain available until September 30, 2006: Provided, 
That of the total amount available related to the 2010 decennial census, 
$165,196,000 is for the Re-engineered Design Process for the Short-Form 
Only Census, $146,009,000 is for the American Community Survey, and 
$82,310,000 is for the Master Address File/Topologically Integrated 
Geographic Encoding and Referencing (MAF/TIGER) system.
    In addition, for expenses to collect and publish statistics for 
other periodic censuses and programs provided for by law, $162,601,000, 
to remain available until September 30, 2006, of which $73,473,000 is 
for economic statistics programs and $89,128,000 is for 
demographic <<NOTE: Reports.>> statistics programs: Provided, That 
regarding construction of a facility at the Suitland Federal Center, 
quarterly reports regarding the expenditure of funds and project 
planning, design and cost decisions shall be provided by the Bureau, in 
cooperation with the General Services Administration, to the Committees 
on Appropriations of the Senate and the House of Representatives: 
Provided further, That none of the funds provided in this or any other 
Act under the heading ``Bureau of the Census, Periodic Censuses and 
Programs'' shall be used to fund the construction and tenant build-out 
costs of a facility at the Suitland Federal Center: Provided 
further, <<NOTE: 13 USC 5 note.>> That none of the funds provided in 
this or any other Act for any fiscal year may be used for the collection 
of Census data on race identification that does not include ``some other 
race'' as a catagory.

       National Telecommunications and Information Administration

                          Salaries and expenses

    For necessary expenses, as provided for by law, of the National 
Telecommunications and Information Administration (NTIA), $17,433,000, 
to remain available until September 30, 2006: Provided, That, 
notwithstanding 31 U.S.C. 1535(d), the Secretary of Commerce shall 
charge Federal agencies for costs incurred in spectrum management, 
analysis, and operations, and related services and such fees shall be 
retained and used as offsetting collections for costs of such spectrum 
services, to remain available until expended: Provided further, That the 
Secretary of Commerce is authorized to retain and use as offsetting 
collections all funds transferred, or previously transferred, from other 
Government agencies for all costs incurred in telecommunications 
research,

[[Page 118 STAT. 2877]]

engineering, and related activities by the Institute for 
Telecommunication Sciences of NTIA, in furtherance of its assigned 
functions under this paragraph, and such funds received from other 
Government agencies shall remain available until expended.

     Public telecommunications facilities, planning and construction

    For the administration of grants authorized by section 392 of the 
Communications Act of 1934, $21,769,000, to remain available until 
expended as authorized by section 391 of the Act: Provided, That not to 
exceed $2,000,000 shall be available for program administration as 
authorized by section 391 of the Act: Provided further, That, 
notwithstanding the provisions of section 391 of the Act, the prior year 
unobligated balances may be made available for grants for projects for 
which applications have been submitted and approved during any fiscal 
year.

                    Information infrastructure grants

    For the administration of prior year grants, recoveries and 
unobligated balances of funds previously appropriated for grants are 
available only for the administration of all open grants until their 
expiration.

                United States Patent and Trademark Office

                          Salaries and expenses

    For necessary expenses of the United States Patent and Trademark 
Office provided for by law, including defense of suits instituted 
against the Under Secretary of Commerce for Intellectual Property and 
Director of the United States Patent and Trademark Office, 
$1,336,000,000, to remain available until expended, which shall be 
derived from offsetting collections assessed and collected pursuant to 
15 U.S.C. 1113 and 35 U.S.C. 41 and 376, and shall be retained and used 
for necessary expenses: Provided, That the sum herein appropriated from 
the general fund shall be reduced as such offsetting collections are 
received during fiscal year 2005, so as to result in a fiscal year 2005 
appropriation from the general fund estimated at $0: Provided further, 
That during fiscal year 2005, should the total amount of offsetting fee 
collections be less than $1,356,000,000, this amount shall be reduced 
accordingly: Provided further, That not less than 526 full-time 
equivalents, 530 positions and $72,899,000 shall be for the examination 
of trademark applications; and not less than 5,057 full-time 
equivalents, 5,139 positions and $759,021,000 shall be for the 
examination and searching of patent applications: Provided further, That 
not more than 244 full-time equivalents, 251 positions and $31,906,000 
shall be for the Office of the General Counsel: Provided further, That 
of amounts made available under this heading, $20,000,000 shall only be 
available for initiatives to protect United States intellectual property 
overseas: Provided further, That from amounts provided herein, not to 
exceed $1,000 shall be made available in fiscal year 2005 for official 
reception and representation expenses: Provided further, That 
notwithstanding section 1353 of title 31, United States Code, no 
employee of the United States Patent and Trademark Office may accept 
payment or reimbursement from a non-Federal

[[Page 118 STAT. 2878]]

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

                         SCIENCE AND TECHNOLOGY

                        Technology Administration

                          Salaries and expenses

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

             National Institute of Standards and Technology

             Scientific and technical research and services

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

[[Page 118 STAT. 2879]]

                     Industrial technology services

    For necessary expenses of the Manufacturing Extension Partnership of 
the National Institute of Standards and Technology, $109,000,000, to 
remain available until expended: Provided, That the Secretary of 
Commerce shall not recompete any existing Manufacturing Extension 
Partnership Center prior to 2007: Provided further, <<NOTE: 15 USC 278k 
note.>> That hereafter the Manufacturing Extension Partnership Program 
authorized under 15 U.S.C. 278k shall be renamed the Hollings 
Manufacturing Partnership Program and the centers established and 
receiving funding under 15 U.S.C. 278k paragraph (a) shall be named the 
Hollings Manufacturing Extension Centers.

    In addition, for necessary expenses of the Advanced Technology 
Program of the National Institute of Standards and Technology, 
$142,300,000, to remain available until expended.

                   Construction of Research Facilities

    For construction of new research facilities, including architectural 
and engineering design, and for renovation and maintenance of existing 
facilities, not otherwise provided for the National Institute of 
Standards and Technology, as authorized by 15 U.S.C. 278c-278e, 
$73,500,000, to remain available until expended.

             National Oceanic and Atmospheric Administration

                  OPERATIONS, RESEARCH, AND FACILITIES

                      (INCLUDING TRANSFER OF FUNDS)

    For necessary expenses of activities authorized by law for the 
National Oceanic and Atmospheric Administration, including maintenance, 
operation, and hire of aircraft and vessels; grants, contracts, or other 
payments to nonprofit organizations for the purposes of conducting 
activities pursuant to cooperative agreements; and relocation of 
facilities, $2,804,065,000, to remain available until September 30, 
2006, except for funds provided for cooperative enforcement which shall 
remain available until September 30, 2007: Provided, That fees and 
donations received by the National Ocean Service for the management of 
national marine sanctuaries may be retained and used for the salaries 
and expenses associated with those activities, notwithstanding 31 U.S.C. 
3302: Provided further, That in addition, $3,000,000 shall be derived by 
transfer from the fund entitled ``Coastal Zone Management'' and in 
addition $65,000,000 shall be derived by transfer from the fund entitled 
``Promote and Develop Fishery Products and Research Pertaining to 
American Fisheries'': Provided further, That of the $2,872,065,000 
provided for in direct obligations under this heading $2,804,065,000 is 
appropriated from the General Fund: Provided further, That no general 
administrative charge shall be applied against an assigned activity 
included in this Act or the report accompanying this Act except for 
additional costs above the fiscal year 2004 level of $2,600,000 for 
automating and modernizing the NOAA grant processing systems up to a 
total of $5,000,000: Provided further, That the total amount available 
for the National Oceanic and Atmospheric Administration corporate 
services administrative support costs shall not exceed $171,530,000: 
Provided further, That

[[Page 118 STAT. 2880]]

payments of funds made available under this heading to the Department of 
Commerce Working Capital Fund including Department of Commerce General 
Counsel legal services shall not exceed $39,500,000: Provided further, 
That any deviation from the amounts designated for specific activities 
in the report accompanying this Act shall be subject to the procedures 
set forth in section 605 of this Act: Provided further, That grants to 
States pursuant to sections 306 and 306A of the Coastal Zone Management 
Act of 1972, as amended, shall not exceed $2,000,000, unless funds 
provided for ``Coastal Zone Management Grants'' exceed funds provided in 
the previous fiscal year: Provided further, That if funds provided for 
``Coastal Zone Management Grants'' exceed funds provided in the previous 
fiscal year, then no State shall receive more than 5 percent or less 
than 1 percent of the additional funds: Provided further, That none of 
the funds under this heading are available to alter the existing 
structure, organization, function, and funding of the National Marine 
Fisheries Service Southwest Region and Fisheries Science Center and 
Northwest Region and Fisheries Science Center: Provided further, That 
notwithstanding any other provision of law, $600,000 shall be available 
only for the National Oceanic and Atmospheric Administration Office of 
Space Commercialization: Provided further, That the personnel management 
demonstration project established at the National Oceanic and 
Atmospheric Administration pursuant to 5 U.S.C. 4703 may be expanded by 
3,500 full-time positions to include up to 6,925 full-time positions and 
may be extended indefinitely: Provided further, That the Administrator 
of the National Oceanic and Atmospheric Administration may engage in 
formal and informal education activities, including primary and 
secondary education, related to the agency's mission goals.
    In addition, for necessary retired pay expenses under the Retired 
Serviceman's Family Protection and Survivor Benefits Plan, and for 
payments for the medical care of retired personnel and their dependents 
under the Dependents Medical Care Act (10 U.S.C. ch. 55), such sums as 
may be necessary.

                PROCUREMENT, ACQUISITION AND CONSTRUCTION

    For procurement, acquisition and construction of capital assets, 
including alteration and modification costs, of the National Oceanic and 
Atmospheric Administration, $1,053,436,000 to remain available until 
September 30, 2007, except funds provided for construction of facilities 
which shall remain available until September 30, 2009, and funds 
provided for the Honolulu Laboratory and the Marine Environmental Health 
Research Laboratory which shall remain available until expended: 
Provided, That of the amounts provided for the National Polar-orbiting 
Operational Environmental Satellite System, funds shall only be made 
available on a dollar for dollar matching basis with funds provided for 
the same purpose by the Department of Defense: Provided further, That 
except to the extent expressly prohibited by any other law, the 
Department of Defense may delegate procurement functions related to the 
National Polar-orbiting Operational Environmental Satellite System to 
officials of the Department of Commerce pursuant to section 2311 of 
title 10, United States Code: Provided further, That any deviation from 
the amounts designated for specific activities in the report 
accompanying this Act shall be subject to the procedures set forth in 
section 605 of this Act: Provided further, That none

[[Page 118 STAT. 2881]]

of the funds provided in this Act or any other Act under the heading 
``National Oceanic and Atmospheric Administration, Procurement, 
Acquisition and Construction'' shall be used to fund the General 
Services Administration's standard construction and tenant build-out 
costs of a facility at the Suitland Federal Center: Provided 
further, <<NOTE: 15 USC 1513a.>> That beginning in fiscal year 2006 and 
for each fiscal year thereafter, the Secretary of Commerce shall include 
in the budget justification materials that the Secretary submits to 
Congress in support of the Department of Commerce budget (as submitted 
with the budget of the President under section 1105(a) of title 31, 10 
United States Code) an estimate for each National Oceanic and 
Atmospheric Administration procurement, acquisition and construction 
program having a total multiyear program cost of more than $5,000,000 
and simultaneously the budget justification materials shall include an 
estimate of the budgetary requirements for each such program for each of 
the 5 subsequent fiscal years.

                     Pacific coastal salmon recovery

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

                      Coastal zone management fund

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

                      Fishermen's contingency fund

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

                    Fisheries finance program account

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

[[Page 118 STAT. 2882]]

                                  OTHER

                         Departmental Management

                          Salaries and expenses

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

               UNITED STATES TRAVEL AND TOURISM PROMOTION

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

                       Office of Inspector General

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

               General Provisions--Department of Commerce

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

    Sec. 204. Any costs incurred by a department or agency funded under 
this title resulting from personnel actions taken in response to funding 
reductions included in this title or from actions taken

[[Page 118 STAT. 2883]]

for the care and protection of loan collateral or grant property shall 
be absorbed within the total budgetary resources available to such 
department or agency: Provided, That the authority to transfer funds 
between appropriations accounts as may be necessary to carry out this 
section is provided in addition to authorities included elsewhere in 
this Act: Provided further, That use of funds to carry out this section 
shall be treated as a reprogramming of funds under section 605 of this 
Act and shall not be available for obligation or expenditure except in 
compliance with the procedures set forth in that section.
    Sec. 205. <<NOTE: 13 USC 23 note.>> Hereafter, none of the funds 
made available by this or any other Act for the Department of Commerce 
shall be available to reimburse the Unemployment Trust Fund or any other 
fund or account of the Treasury to pay for any expenses authorized by 
section 8501 of title 5, United States Code, for services performed by 
individuals appointed to temporary positions within the Bureau of the 
Census for purposes relating to the decennial censuses of population.

    Sec. 206. Of the amount available from the fund entitled ``Promote 
and Develop Fishery Products and Research Pertaining to American 
Fisheries'', $10,000,000 shall be provided to the Alaska Fisheries 
Marketing Board, $1,000,000 shall be available for the ``Wild American 
Shrimp Initiative'', and $1,000,000 shall be available for the Gulf 
Oyster Industry Education Program: Provided, That: (1) the Alaska 
Fisheries Marketing Board (hereinafter ``the Board'') shall be a 
nonprofit organization and not an agency or establishment of the United 
States; (2) the Secretary may appoint, assign, or otherwise designate as 
Executive Director an employee of the Department of Commerce, who may 
serve in an official capacity in such position, with or without 
reimbursement, and such appointment or assignment shall be without 
interruption or loss of civil service status or privilege; and (3) the 
Board may adopt bylaws consistent with the purposes of this section, and 
may undertake other acts necessary to carry out the provisions of this 
section.
    Sec. 207. <<NOTE: South Carolina. Laboratories. Research and 
development.>> (a) Hereafter, the Secretary of Commerce is authorized to 
operate a marine laboratory in South Carolina in accordance with a 
memorandum of agreement, including any future amendments, among the 
National Oceanic and Atmospheric Administration, the National Institute 
of Standards and Technology, the State of South Carolina, the Medical 
University of South Carolina, and the College of Charleston as a 
partnership for collaborative, interdisciplinary marine scientific 
research.

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

[[Page 118 STAT. 2884]]

arrangements with Federal, State, private entities, and other entities, 
domestic and foreign, to further the mission of the Laboratory. Any 
funds collected from such fees or arrangements shall be used to support 
cooperative research, basic operations, and facilities enhancement at 
the Laboratory.
    Sec. 208. Funds made available for salaries and administrative 
expenses to administer the Emergency Steel Loan Guarantee Program in 
section 211(b) of Public Law 108-199 shall remain available until 
expended.
    Sec. 209. A fishing capacity <<NOTE: Alaska. Salmon.>> reduction 
program for the Southeast Alaska purse seine fishery is authorized to be 
financed through a capacity reduction loan of $50,000,000 pursuant to 
sections 1111 and 1112 of title XI of the Merchant Marine Act of 1936 
(46 U.S.C. App. 1279f and 1279g) subject to the conditions of this 
section. In accordance with the Federal Credit Reform Act of 1990, 2 
U.S.C. 661 et seq., $500,000 is made available from funds appropriated 
for ``Pacific Coastal Salmon Recovery'' in this Act for the cost of the 
loan authorized by this section. The loan shall have a term of 30 years, 
except that the amount to be repaid in any 1 year shall not exceed 2 
percent of the total value of salmon landed in the fishery and such 
repayment shall begin with salmon landed after January 1, 2006.

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

    Sec. 211. <<NOTE: Contracts.>> Notwithstanding any other provision 
of law, of the amounts made available elsewhere in this title to the 
``National Institute of Standards and Technology, Construction of 
Research Facilities'', $20,000,000 is for a cooperative agreement with 
the Medical University of South Carolina; $10,000,000 is for the Cancer 
Research Center in Hawaii; $4,000,000 is for the Thayer School of 
Engineering, of which $1,000,000 is for a biomass energy research 
project, $2,000,000 is for a smart laser beam project, and $1,000,000 is 
for research relating to biomaterials; $1,000,000 is for civic education 
programs at the New Hampshire Institute of Politics; $1,500,000 is for 
the Franklin Pierce Community Center; $2,000,000 is for the Southern New 
Hampshire University School of Community Economic Development; and 
$5,000,000 is for the Boston Museum of Science.

    Sec. 212. Section 3(f) of Public Law 104-91 <<NOTE: 16 USC 1165 
note.>> is amended by striking ``and 2005'' and inserting ``2005, 2006, 
and 2007''.

    Sec. 213. <<NOTE: Hawaii. 16 USC 1379 note.>> Hereafter, 
notwithstanding any other Federal law related to the conservation and 
management of marine mammals, the State of Hawaii may enforce any State 
law or regulation with respect to the operation in State waters of 
recreational and commercial vessels, for the purpose of conservation and 
management of humpback whales, to the extent that such law or regulation 
is no less restrictive than Federal law.

    Sec. 214. <<NOTE: 15 USC 1542.>> Establishment of the Ernest F. 
Hollings Scholarship Program. (a) Establishment.--The Administrator of 
the National Oceanic and Atmospheric Administration shall establish and 
administer the Ernest F. Hollings Scholarship Program. Under the 
program, the Administrator shall award scholarships in oceanic and 
atmospheric science, research, technology, and education to be known as 
Ernest F. Hollings Scholarships.

[[Page 118 STAT. 2885]]

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

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

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

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

[[Page 118 STAT. 2886]]

 be deposited in the NOAA Operations, Research, and Facilities 
Appropriations Account and treated as an offsetting collection and only 
be available for financing additional scholarships.
    Sec. 215. Section 402(f) of Public Law 107-372 <<NOTE: 116 Stat. 
3102.>> is amended--
            (1) in paragraph (1), by striking ``All right'' and 
        inserting ``For the period ending April 3, 2008, all right''; 
        and
            (2) in paragraph (3), by inserting ``for the period ending 
        April 3, 2008'' after ``and annually thereafter''.

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

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

[[Page 118 STAT. 2887]]

        of the Magnuson-Stevens Fishery Conservation and Management Act 
        (16 U.S.C. 1852(a)(1)(G)).
            (5) LLP license.--The term ``LLP license'' means a Federal 
        License Limitation program groundfish license issued pursuant to 
        section 679.4(k) of title 50, Code of Federal Regulations (or 
        successor regulation).
            (6) Longline catcher processor subsector.--The term 
        ``longline catcher processor subsector'' means the holders of an 
        LLP license that is noninterim and transferable, or that is 
        interim and subsequently becomes noninterim and transferable, 
        and that is endorsed for Bering Sea or Aleutian Islands catcher 
        processor fishing activity, C/P, Pcod, and hook and line gear.
            (7) Non-afa trawl catcher processor subsector.--The term 
        ``non-AFA trawl catcher processor subsector'' means the owner of 
        each trawl catcher processor--
                    (A) that is not an AFA trawl catcher processor;
                    (B) to whom a valid LLP license that is endorsed for 
                Bering Sea or Aleutian Islands trawl catcher processor 
                fishing activity has been issued; and
                    (C) that the Secretary determines has harvested with 
                trawl gear and processed not less than a total of 150 
                metric tons of non-pollock groundfish during the period 
                January 1, 1997 through December 31, 2002.
            (8) Non-pollock groundfish fishery.--The term ``non-pollock 
        groundfish fishery'' means target species of Atka mackerel, 
        flathead sole, Pacific cod, Pacific Ocean perch, rock sole, 
        turbot, or yellowfin sole harvested in the BSAI.
            (9) Pot catcher processor subsector.--The term ``pot catcher 
        processor subsector'' means the holders of an LLP license that 
        is noninterim and transferable, or that is interim and 
        subsequently becomes noninterim and transferable, and that is 
        endorsed for Bering Sea or Aleutian Islands catcher processor 
        fishing activity, C/P, Pcod, and pot gear.
            (10) Secretary.--Except as otherwise provided in this Act, 
        the term ``Secretary'' means the Secretary of Commerce.

    (b) Authority for BSAI Catcher Processor Capacity Reduction 
Program.--
            (1) In general.--A fishing capacity reduction program for 
        the non-pollock groundfish fishery in the BSAI is authorized to 
        be financed through a capacity reduction loan of not more than 
        $75,000,000 under sections 1111 and 1112 of the Merchant Marine 
        Act, 1936 (46 U.S.C. App. 1279f and 1279g).
            (2) Relationship to merchant marine act, 1936.--The fishing 
        capacity reduction program authorized by paragraph (1) shall be 
        a program for the purposes of subsection (e) of section 1111 of 
        the Merchant Marine Act, 1936 (46 U.S.C. App. 1279f), except, 
        notwithstanding subsection (b)(4) of such section, the capacity 
        reduction loan authorized by paragraph (1) may have a maturity 
        not to exceed 30 years.

    (c) Availability of Capacity Reduction Funds to Catcher Processor 
Subsectors.--
            (1) In general.--The Secretary shall make available the 
        amounts of the capacity reduction loan authorized by subsection 
        (b)(1) to each catcher processor subsector as described in this 
        subsection.

[[Page 118 STAT. 2888]]

            (2) Initial availability of funds.--The Secretary shall make 
        available the amounts of the capacity reduction loan authorized 
        by subsection (b)(1) as follows:
                    (A) Not more than $36,000,000 for the longline 
                catcher processor subsector.
                    (B) Not more than $6,000,000 for the AFA trawl 
                catcher processor subsector.
                    (C) Not more than $31,000,000 for the non-AFA trawl 
                catcher processor subsector.
                    (D) Not more than $2,000,000 for the pot catcher 
                processor subsector.
            (3) Other availability of funds.--After January 1, 2009, the 
        Secretary may make available for fishing capacity reduction to 
        one or more of the catcher processor subsectors any amounts of 
        the capacity reduction loan authorized by subsection (b)(1) that 
        have not been expended by that date.

    (d) Binding Reduction Contracts.--
            (1) Requirement for contracts.--The Secretary may not 
        provide funds to a person under the fishing capacity reduction 
        program authorized by subsection (b) if such person does not 
        enter into a binding reduction contract between the United 
        States and such person, the performance of which may only be 
        subject to the approval of an appropriate capacity reduction 
        plan under subsection (e).
            (2) Requirement to revoke licenses.--The Secretary shall 
        revoke all Federal fishery licenses, fishery permits, and area 
        and species endorsements issued for a vessel, or any vessel 
        named on an LLP license purchased through the fishing capacity 
        reduction program authorized by subsection (b).

    (e) Development, Approval, and Notification of Capacity Reduction 
Plans.--
            (1) Development.--Each catcher processor subsector may, 
        after notice to the Council, submit to the Secretary a capacity 
        reduction plan for the appropriate subsector to promote 
        sustainable fisheries management through the removal of excess 
        harvesting capacity from the non-pollock groundfish fishery.
            (2) Approval by the secretary.--The Secretary is authorized 
        to approve a capacity reduction plan submitted under paragraph 
        (1) if such plan--
                    (A) is consistent with the requirements of section 
                312(b) of the Magnuson-Stevens Fishery Conservation and 
                Management Act (16 U.S.C. 1861a(b)) except--
                          (i) the requirement that a Council or Governor 
                      of a State request such a program set out in 
                      paragraph (1) of such subsection; and
                          (ii) the requirements of paragraph (4) of such 
                      subsection;
                    (B) contains provisions for a fee system that 
                provides for full and timely repayment of the capacity 
                reduction loan by a catcher processor subsector and that 
                may provide for the assessment of such fees based on 
                methods other than ex-vessel value of fish harvested;
                    (C) does not require a bidding or auction process;
                    (D) will result in the maximum sustained reduction 
                in fishing capacity at the least cost and in the minimum 
                amount of time; and

[[Page 118 STAT. 2889]]

                    (E) permits vessels in the catcher processor 
                subsector to be upgraded to achieve efficiencies in 
                fishing operations provided that such upgrades do not 
                result in the vessel exceeding the applicable length, 
                tonnage, or horsepower limitations set out in Federal 
                law or regulation.
            (3) Approval by referendum.--
                    (A) In general.--Following approval by the Secretary 
                under paragraph (2), the Secretary shall conduct a 
                referendum for approval of a capacity reduction plan for 
                the appropriate catcher processor subsector. The 
                capacity reduction plan and fee system shall be approved 
                if the referendum votes which are cast in favor of the 
                proposed system by the appropriate catcher processor 
                subsector are--
                          (i) 100 percent of the members of the AFA 
                      trawl catcher processor subsector; or
                          (ii) not less than \2/3\ of the members of--
                                    (I) the longline catcher processor 
                                subsector;
                                    (II) the non-AFA trawl catcher 
                                processor subsector; or
                                    (III) the pot catcher processor 
                                subsector.
                    (B) Notification prior to referendum.--Prior to 
                conducting a referendum under subparagraph (A) for a 
                capacity reduction plan, the Secretary shall--
                          (i) identify, to the extent practicable, and 
                      notify the catcher processor subsector that will 
                      be affected by such plan; and
                          (ii) make available to such subsector 
                      information about any industry fee system 
                      contained in such plan, a description of the 
                      schedule, procedures, and eligibility requirements 
                      for the referendum, the proposed program, the 
                      estimated capacity reduction, the amount and 
                      duration, and any other terms and conditions of 
                      the fee system proposed in such plan.
            (4) Implementation.--
                    (A) <<NOTE: Deadline. Federal 
                Register, publication.>> Notice of implementation.--Not 
                later than 90 days after a capacity reduction plan is 
                approved by a referendum under paragraph (3), the 
                Secretary shall publish a notice in the Federal Register 
                that includes the exact terms and conditions under which 
                the Secretary shall implement the fishing capacity 
                reduction program authorized by subsection (b).
                    (B) Inapplicability of implementation provision of 
                magnuson.--Section 312(e) of the Magnuson-Stevens 
                Fishery Conservation and Management Act (16 U.S.C. 
                1861a(e)) shall not apply to a capacity reduction plan 
                approved under this subsection.
            (5) Authority to collect fees.--The Secretary is authorized 
        to collect fees to fund a fishing capacity reduction program and 
        to repay debt obligations incurred pursuant to a plan approved 
        under paragraph (3)(A).

    (f) Action by Other Entities.--Upon the request of the Secretary, 
the Secretary of the Department in which the National Vessel 
Documentation Center operates or the Secretary of the Department in 
which the Maritime Administration operates, as appropriate, shall, with 
respect to any vessel or any vessel named on an LLP license purchased 
through the fishing capacity reduction program authorized by subsection 
(b)--

[[Page 118 STAT. 2890]]

            (1)(A) permanently revoke any fishery endorsement issued to 
        the vessel under section 12108 of title 46, United States Code;
            (B) refuse to grant the approval required under section 
        9(c)(2) of the Shipping Act, 1916 (46 U.S.C. App. 808(c)(2)) for 
        the placement of the vessel under foreign registry or the 
        operation of the vessel under the authority of a foreign 
        country; and
            (C) require that the vessel operate under United States flag 
        and remain under Federal documentation; or
            (2) require that the vessel be scrapped as a reduction 
        vessel under section 600.1011(c) of title 50, Code of Federal 
        Regulations.

    (g) Non-Pollock Groundfish Fishery.--
            (1) Participation in the fishery.--Only a member of a 
        catcher processor subsector may participate in--
                    (A) the catcher processor sector of the BSAI non-
                pollock groundfish fishery; or
                    (B) the fishing capacity reduction program 
                authorized by subsection (b).
            (2) Plans for the fishery.--It is the sense of Congress 
        that--
                    (A) the Council should continue on its path toward 
                rationalization of the BSAI non-pollock groundfish 
                fisheries, complete its ongoing work with respect to 
                developing management plans for the BSAI non-pollock 
                groundfish fisheries in a timely manner, and take 
                actions that promote stability of these fisheries 
                consistent with the goals of this section and the 
                purposes and policies of the Magnuson-Stevens Fishery 
                Conservation and Management Act; and
                    (B) such plans should not penalize members of any 
                catcher processor subsector for achieving capacity 
                reduction under this Act or any other provision of law.

    (h) Reports.--
            (1) Requirement.--The Secretary shall submit to the 
        Committee on Commerce, Science, and Transportation of the Senate 
        and the Committee on Resources of the House of Representatives 5 
        reports on the fishing capacity reduction program authorized by 
        subsection (b).
            (2) Content.--Each report shall contain the following:
                    (A) A description of the fishing capacity reduction 
                program carried out under the authority in subsection 
                (b).
                    (B) An evaluation of the cost and cost-effectiveness 
                of such program.
                    (C) An evaluation of the effectiveness of such 
                program in achieving the objective set out in section 
                312(b) of the Magnuson-Stevens Fishery Conservation and 
                Management Act (16 U.S.C. 1861a(b)).
            (3) Schedule.--
                    (A) Initial report.--The Secretary shall submit the 
                first report under paragraph (1) not later than 90 days 
                after the date that the first referendum referred to in 
                subsection (e)(3) is held.
                    (B) Subsequent reports.--During each of the 4 years 
                after the year in which the report is submitted under 
                subparagraph (A), the Secretary shall submit to Congress 
                an annual report as described in this subsection.

[[Page 118 STAT. 2891]]

    (i) Conforming Amendment.--Section 214 of the Department of Commerce 
and Related Agencies Appropriations Act, 2004 (title II of division B of 
Public Law 108-199; 118 Stat. 75) is amended by striking ``that--'' and 
all that follows, and inserting ``under the capacity reduction program 
authorized in section 219 of the Departments of Commerce, Justice, and 
State, the Judiciary, and Related Agencies Appropriations Act, 2005.''.
    Sec. 220. None of the funds appropriated in this Act or any other 
Act may be used to disqualify any community which was a participant in 
the Bering Sea Community Development Quota program on January 1, 2004, 
from continuing to receive quota allocations under that program.
    Sec. 221. In addition to amounts made available under section 214 of 
the Department of Commerce and Related Agencies Appropriations Act, 2004 
(title II of division B of Public Law 108-199; 118 Stat. 75), of the 
funding provided in this Act under the heading ``National Oceanic and 
Atmospheric Administration, operations, research, and facilities'', 
$250,000, to remain available until expended, for the Federal Credit 
Reform Act cost of a reduction loan under sections 1111 and 1112 of the 
Merchant Marine Act, 1936 (46 U.S.C. App. 1279f and 1279g), not to 
exceed an additional $25,000,000 in principal, for the capacity 
reduction program authorized in section 219.
    This title may be cited as the ``Department of Commerce and Related 
Agencies Appropriations Act, 2005''.

TITLE III--THE JUDICIARY <<NOTE: Judiciary Appropriations Act, 2005.>> 

                   Supreme Court of the United States

                          Salaries and Expenses

    For expenses necessary for the operation of the Supreme Court, as 
required by law, excluding care of the building and grounds, including 
purchase or hire, driving, maintenance, and operation of an automobile 
for the Chief Justice, not to exceed $10,000 for the purpose of 
transporting Associate Justices, and hire of passenger motor vehicles as 
authorized by 31 U.S.C. 1343 and 1344; not to exceed $10,000 for 
official reception and representation expenses; and for miscellaneous 
expenses, to be expended as the Chief Justice may approve, $58,122,000.

                    Care of the Building and Grounds

    For such expenditures as may be necessary to enable the Architect of 
the Capitol to carry out the duties imposed upon the Architect by the 
Act approved May 7, 1934 (40 U.S.C. 13a-13b), $9,979,000, which shall 
remain available until expended.

         United States Court of Appeals for the Federal Circuit

                          Salaries and Expenses

    For salaries of the chief judge, judges, and other officers and 
employees, and for necessary expenses of the court, as authorized by 
law, $21,780,000.

[[Page 118 STAT. 2892]]

               United States Court of International Trade

                          Salaries and Expenses

    For salaries of the chief judge and eight judges, salaries of the 
officers and employees of the court, services, and necessary expenses of 
the court, as authorized by law, $14,888,000.

     Courts of Appeals, District Courts, and Other Judicial Services

                          Salaries and Expenses

    For the salaries of circuit and district judges (including judges of 
the territorial courts of the United States), justices and judges 
retired from office or from regular active service, judges of the United 
States Court of Federal Claims, bankruptcy judges, magistrate judges, 
and all other officers and employees of the Federal Judiciary not 
otherwise specifically provided for, and necessary expenses of the 
courts, as authorized by law, $4,177,244,000 (including the purchase of 
firearms and ammunition); of which not to exceed $27,817,000 shall 
remain available until expended for space alteration projects and for 
furniture and furnishings related to new space alteration and 
construction projects; of which not to exceed $2,800,000 shall be 
available for a national probation and pretrial services training 
program; of which $1,300,000 of the funds provided for the Judiciary 
Information Technology Fund will be for the Edwin L. Nelson Local 
Initiatives Program, within which $1,000,000 will be reserved for local 
court grants.
    In addition, for expenses of the United States Court of Federal 
Claims associated with processing cases under the National Childhood 
Vaccine Injury Act of 1986, not to exceed $3,298,000, to be appropriated 
from the Vaccine Injury Compensation Trust Fund.

                            Defender Services

    For the operation of Federal Defender organizations; the 
compensation and reimbursement of expenses of attorneys appointed to 
represent persons under the Criminal Justice Act of 1964; the 
compensation and reimbursement of expenses of persons furnishing 
investigative, expert and other services under the Criminal Justice Act 
of 1964 (18 U.S.C. 3006A(e)); the compensation (in accordance with 
Criminal Justice Act maximums) and reimbursement of expenses of 
attorneys appointed to assist the court in criminal cases where the 
defendant has waived representation by counsel; the compensation and 
reimbursement of travel expenses of guardians ad litem acting on behalf 
of financially eligible minor or incompetent offenders in connection 
with transfers from the United States to foreign countries with which 
the United States has a treaty for the execution of penal sentences; the 
compensation of attorneys appointed to represent jurors in civil actions 
for the protection of their employment, as authorized by 28 U.S.C. 
1875(d); and for necessary training and general administrative expenses, 
$676,385,000, to remain available until expended.

                    Fees of Jurors and Commissioners

    For fees and expenses of jurors as authorized by 28 U.S.C. 1871 and 
1876; compensation of jury commissioners as authorized

[[Page 118 STAT. 2893]]

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

                             Court Security

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

            Administrative Office of the United States Courts

                          Salaries and Expenses

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

                         Federal Judicial Center

                          Salaries and Expenses

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

                        Judicial Retirement Funds

                    Payment to Judiciary Trust Funds

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

[[Page 118 STAT. 2894]]

Judges' Retirement Fund, as authorized by 28 U.S.C. 178(l), $2,700,000.

                   United States Sentencing Commission

                          Salaries and Expenses

    For the salaries and expenses necessary to carry out the provisions 
of chapter 58 of title 28, United States Code, $13,304,000, of which not 
to exceed $1,000 is authorized for official reception and representation 
expenses.

                    General Provisions--The Judiciary

    Sec. 301. Appropriations and authorizations made in this title which 
are available for salaries and expenses shall be available for services 
as authorized by 5 U.S.C. 3109.
    Sec. 302. Not to exceed 5 percent of any appropriation made 
available for the current fiscal year for the Judiciary in this Act may 
be transferred between such appropriations, but no such appropriation, 
except ``Courts of Appeals, District Courts, and Other Judicial 
Services, Defender Services'' and ``Courts of Appeals, District Courts, 
and Other Judicial Services, Fees of Jurors and Commissioners'', shall 
be increased by more than 10 percent by any such transfers: Provided, 
That any transfer pursuant to this section shall be treated as a 
reprogramming of funds under section 605 of this Act and shall not be 
available for obligation or expenditure except in compliance with the 
procedures set forth in that section.
    Sec. 303. Notwithstanding any other provision of law, the salaries 
and expenses appropriation for Courts of Appeals, District Courts, and 
Other Judicial Services shall be available for official reception and 
representation expenses of the Judicial Conference of the United States: 
Provided, That such available funds shall not exceed $11,000 and shall 
be administered by the Director of the Administrative Office of the 
United States Courts in the capacity as Secretary of the Judicial 
Conference.
    Sec. 304. (a) Section 3006A(d)(2) of title 18, United States Code, 
is amended--
            (1) by striking ``5,200'' and inserting ``7,000'';
            (2) by striking ``1,500'' and inserting ``2,000'';
            (3) by striking ``3,700'' and inserting ``5,000'';
            (4) by striking ``1,200'' each place it appears and 
        inserting ``1,500''; and
            (5) by striking ``3,900'' and inserting ``5,000''.

    (b) Section 3006A(e) of title 18, United States Code, is amended--
            (1) in paragraph (2)--
                    (A) in subparagraph (A), by striking ``300'' and 
                inserting ``500''; and
                    (B) in subparagraph (B), by striking ``300'' and 
                inserting ``500''; and
            (2) in paragraph (3) in the first sentence by striking 
        ``1,000'' and inserting ``1,600''.

    Sec. 305. <<NOTE: Deadline. Financial plan.>> Within 90 days of 
enactment of this Act, the Administrative Office of the U.S. Courts 
shall submit to the Committees on Appropriations a comprehensive 
financial plan for the Judiciary allocating all sources of available 
funds including appropriations,

[[Page 118 STAT. 2895]]

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

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

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

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

    Sec. 308. <<NOTE: 28 USC 331 note.>> For fiscal year 2005 and 
hereafter, such fees as shall be collected for the processing of 
violations through the Central Violations Bureau cases as prescribed by 
the Judicial Conference of the United States shall be deposited to the 
``Courts of Appeals, District Courts, and Other Judicial Services, 
Salaries and Expenses'' appropriation to be used for salaries and other 
expenses.

    This title may be cited as the ``Judiciary Appropriations Act, 
2005''.

  TITLE IV--DEPARTMENT <<NOTE: Department of State and Related Agency 
Appropriations Act, 2005.>> OF STATE AND RELATED AGENCY

                           DEPARTMENT OF STATE

                    Administration of Foreign Affairs

                    Diplomatic and Consular Programs

    For necessary expenses of the Department of State and the Foreign 
Service not otherwise provided for, including employment, without regard 
to civil service and classification laws, of persons on a temporary 
basis (not to exceed $700,000 of this appropriation), as authorized by 
section 801 of the United States Information and Educational Exchange 
Act of 1948; representation to certain international organizations in 
which the United States participates pursuant to treaties ratified 
pursuant to the advice and consent of the Senate or specific Acts of 
Congress; arms control, nonproliferation and disarmament activities as 
authorized; acquisition by exchange or purchase of passenger motor 
vehicles as authorized by law; and for expenses of general 
administration, $3,570,000,000: Provided, That not to exceed 71 
permanent positions shall be for the Bureau of Legislative Affairs: 
Provided further, That none of the funds made available under this 
heading may be used to transfer any full-time equivalent employees into 
or out of the Bureau of Legislative Affairs: Provided further, That, of 
the amount made available under this heading, not to exceed $4,000,000 
may be transferred to, and merged with, funds in the ``Emergencies in 
the Diplomatic and Consular Service'' appropriations account, to be 
available only for emergency evacuations and terrorism rewards: Provided 
further, That, of the amount made available under this heading, 
$319,994,000 shall be available only for public diplomacy international 
information programs: Provided further, That of the amount made 
available under this heading, $3,000,000

[[Page 118 STAT. 2896]]

shall be available only for the operations of the Office on Right-Sizing 
the United States Government Overseas Presence: Provided further, That 
funds available under this heading may be available for a United States 
Government interagency task force to examine, coordinate and oversee 
United States participation in the United Nations headquarters 
renovation project: Provided 
further, <<NOTE: Deadline. Notification.>> That no funds may be 
obligated or expended for processing licenses for the export of 
satellites of United States origin (including commercial satellites and 
satellite components) to the People's Republic of China unless, at least 
15 days in advance, the Committees on Appropriations of the House of 
Representatives and the Senate are notified of such proposed action: 
Provided further, That of the amount made available under this heading, 
$185,128,000 is for Near Eastern Affairs, $80,234,000 is for South Asian 
Affairs, and $251,706,000 is for African Affairs: Provided further, 
That, of the amount made available under this heading, $2,000,000 shall 
be available for a grant to conduct an international conference on the 
human rights situation in North Korea: Provided further, That of the 
amount made available under this heading, $200,000 is for a grant to the 
Center for the Study of the Presidency and $1,900,000 is for a grant to 
Shared Hope International to combat international sex tourism: Provided 
further, <<NOTE: Government organization. Deadline.>> That the 
Intellectual Property Division shall be elevated to office-level status 
and shall be renamed the Office of International Intellectual Property 
Enforcement within 60 days of enactment of this Act.

    In addition, not to exceed $1,426,000 shall be derived from fees 
collected from other executive agencies for lease or use of facilities 
located at the International Center in accordance with section 4 of the 
International Center Act; in addition, as authorized by section 5 of 
such Act, $490,000, to be derived from the reserve authorized by that 
section, to be used for the purposes set out in that section; in 
addition, as authorized by section 810 of the United States Information 
and Educational Exchange Act, not to exceed $6,000,000, to remain 
available until expended, may be credited to this appropriation from 
fees or other payments received from English teaching, library, motion 
pictures, and publication programs and from fees from educational 
advising and counseling and exchange visitor programs; and, in addition, 
not to exceed $15,000, which shall be derived from reimbursements, 
surcharges, and fees for use of Blair House facilities.
    In addition, for the costs of worldwide security upgrades, 
$658,702,000, to remain available until expended: Provided, That of the 
amounts made available under this paragraph, $5,000,000 is for the 
Center for Antiterrorism and Security Training.
    Beginning <<NOTE: 8 USC 1714.>> in fiscal year 2005 and thereafter, 
the Secretary of State is authorized to charge surcharges related to 
consular services in support of enhanced border security that are in 
addition to the passport and immigrant visa fees in effect on January 1, 
2004: Provided, That funds collected pursuant to this authority shall be 
credited to this account, and shall be available until expended for the 
purposes of such account: Provided further, That such surcharges shall 
be $12 on passport fees, and $45 on immigrant visa fees.

                         Capital Investment Fund

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

[[Page 118 STAT. 2897]]

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

        CENTRALIZED INFORMATION TECHNOLOGY MODERNIZATION PROGRAM

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

                       Office of Inspector General

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

               Educational and Cultural Exchange Programs

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

                        Representation Allowances

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

              Protection of Foreign Missions and Officials

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

             Embassy Security, Construction, and Maintenance

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

    In addition, for the costs of worldwide security upgrades, 
acquisition, and construction as authorized, $912,320,000, to remain 
available until expended: Provided, That funds appropriated to this 
account in Public Law 108-287 may also be used for non-interim 
facilities for the United States Mission in Iraq, including associated 
planning, site preparation and pre-construction activities.

[[Page 118 STAT. 2898]]

           Emergencies in the Diplomatic and Consular Service

    For expenses necessary to enable the Secretary of State to meet 
unforeseen emergencies arising in the Diplomatic and Consular Service, 
$1,000,000, to remain available until expended as authorized, of which 
such sums as necessary may be transferred to and merged with the 
Repatriation Loans Program Account, subject to the same terms and 
conditions: Provided, <<NOTE: Sierra Leone. Deadline.>> That funds 
previously appropriated under this heading for rewards for an indictee 
of the Special Court for Sierra Leone shall be transferred to the 
Special Court for Sierra Leone within 15 days of enactment of this Act: 
Provided further, That any transfer of funds provided under this heading 
shall be treated as a reprogramming of funds under section 605 of this 
Act.

                   Repatriation Loans Program Account

    For the cost of direct loans, $612,000, as authorized: Provided, 
That such costs, including the cost of modifying such loans, shall be as 
defined in section 502 of the Congressional Budget Act of 1974. In 
addition, for administrative expenses necessary to carry out the direct 
loan program, $607,000, which may be transferred to and merged with the 
Diplomatic and Consular Programs account under Administration of Foreign 
Affairs.

               Payment to the American Institute in Taiwan

    For necessary expenses to carry out the Taiwan Relations Act (Public 
Law 96-8), $19,482,000.

      Payment to the Foreign Service Retirement and Disability Fund

    For payment to the Foreign Service Retirement and Disability Fund, 
as authorized by law, $132,600,000.

                       International Organizations

              Contributions to International Organizations

    For <<NOTE: 22 USC 269a note.>> expenses, not otherwise provided 
for, necessary to meet annual obligations of membership in international 
multilateral organizations, pursuant to treaties ratified pursuant to 
the advice and consent of the Senate, conventions or specific Acts of 
Congress, $1,182,000,000, of which up to $6,000,000, to remain available 
until expended, may be used for the cost of a direct loan to the United 
Nations for the cost of renovating its headquarters in New York: 
Provided, That such costs, including the cost of modifying such loan, 
shall be as defined in section 502 of the Congressional Budget Act of 
1974: Provided further, That these funds are available to subsidize 
total loan principal of up to $1,200,000,000: Provided further, That the 
Secretary of State shall, at the time of the submission of the 
President's budget to Congress under section 1105(a) of title 31, United 
States Code, transmit to the Committees on Appropriations of the Senate 
and of the House of Representatives the most recent biennial budget 
prepared by the United Nations for the operations of the United Nations: 
Provided further, <<NOTE: Notification. Deadline.>> That the Secretary 
of State shall notify the Committees on Appropriations at least 15 days 
in advance (or in an emergency, as far in advance

[[Page 118 STAT. 2899]]

as is practicable) of any United Nations action to increase funding for 
any United Nations program without identifying an offsetting decrease 
elsewhere in the United Nations budget and cause the United Nations to 
exceed the adopted budget for the biennium 2004-2005 of $3,160,860,000: 
Provided further, That any payment of arrearages under this title shall 
be directed toward special activities that are mutually agreed upon by 
the United States and the respective international organization: 
Provided further, That none of the funds appropriated in this paragraph 
shall be available for a United States contribution to an international 
organization for the United States share of interest costs made known to 
the United States Government by such organization for loans incurred on 
or after October 1, 1984, through external borrowings, except that such 
restriction shall not apply to loans to the United Nations for 
renovation of its headquarters.

         Contributions for International Peacekeeping Activities

    For necessary expenses to pay assessed and other expenses of 
international peacekeeping activities directed to the maintenance or 
restoration of international peace and security, $490,000,000: Provided, 
<<NOTE: Deadline.>> That none of the funds made available under this Act 
shall be obligated or expended for any new or expanded United Nations 
peacekeeping mission unless, at least 15 days in advance of voting for 
the new or expanded mission in the United Nations Security Council (or 
in an emergency as far in advance as is practicable): (1) the Committees 
on Appropriations of the House of Representatives and the Senate and 
other appropriate committees of the Congress are notified of the 
estimated cost and length of the mission, the vital national interest 
that will be served, and the planned exit strategy; and (2) a 
reprogramming of funds pursuant to section 605 of this Act is submitted, 
and the procedures therein followed, setting forth the source of funds 
that will be used to pay for the cost of the new or expanded mission: 
Provided further, That funds shall be available for peacekeeping 
expenses only upon a certification by the Secretary of State to the 
appropriate committees of the Congress that American manufacturers and 
suppliers are being given opportunities to provide equipment, services, 
and material for United Nations peacekeeping activities equal to those 
being given to foreign manufacturers and suppliers: Provided further, 
That none of the funds made available under this heading are available 
to pay the United States share of the cost of court monitoring that is 
part of any United Nations peacekeeping mission.

                        International Commissions

    For <<NOTE: 22 USC 269a note.>> necessary expenses, not otherwise 
provided for, to meet obligations of the United States arising under 
treaties, or specific Acts of Congress, as follows:

  international boundary and water commission, united states and mexico

    For necessary expenses for the United States Section of the 
International Boundary and Water Commission, United States and Mexico, 
and to comply with laws applicable to the United States Section, 
including not to exceed $6,000 for representation; as follows:

[[Page 118 STAT. 2900]]

                          salaries and expenses

    For salaries and expenses, not otherwise provided for, $27,244,000.

                              Construction

    For detailed plan preparation and construction of authorized 
projects, $5,310,000, to remain available until expended, as authorized.

              American Sections, International Commissions

    For necessary expenses, not otherwise provided, for the 
International Joint Commission and the International Boundary 
Commission, United States and Canada, as authorized by treaties between 
the United States and Canada or Great Britain, and for the Border 
Environment Cooperation Commission as authorized by Public Law 103-182, 
$9,594,000, of which not to exceed $9,000 shall be available for 
representation expenses incurred by the International Joint Commission.

                   International Fisheries Commissions

    For necessary expenses for international fisheries commissions, not 
otherwise provided for, as authorized by law, $21,982,000: Provided, 
That the United States' share of such expenses may be advanced to the 
respective commissions pursuant to 31 U.S.C. 3324.

                                  Other

                     Payment to the Asia Foundation

    For a grant to the Asia Foundation, as authorized by the Asia 
Foundation Act (22 U.S.C. 4402), $13,000,000, to remain available until 
expended, as authorized.

               Center for Middle Eastern-Western Dialogue

    For a grant to the Center for Middle Eastern-Western Dialogue Trust 
Fund, $6,750,000, for operation of the Center for Middle Eastern-Western 
Dialogue in Istanbul, Turkey, to remain available until expended.
    In addition, for the operations of the Steering Committee of the 
Center for Middle Eastern-Western Dialogue, $250,000, to remain 
available until expended.
    In addition, for necessary expenses of the Center for Middle 
Eastern-Western Dialogue Trust Fund, the total amount of the interest 
and earnings accruing to such Fund before October 1, 2005, to remain 
available until expended.

                 Eisenhower Exchange Fellowship Program

    For necessary expenses of Eisenhower Exchange Fellowships, 
Incorporated, as authorized by sections 4 and 5 of the Eisenhower 
Exchange Fellowship Act of 1990 (20 U.S.C. 5204-5205), all interest and 
earnings accruing to the Eisenhower Exchange Fellowship Program Trust 
Fund on or before September 30, 2005, to remain

[[Page 118 STAT. 2901]]

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

                    israeli arab scholarship program

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

                            East-West Center

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

                    National Endowment for Democracy

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

                             RELATED AGENCY

                     Broadcasting Board of Governors

                  International Broadcasting Operations

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

[[Page 118 STAT. 2902]]

from privatization efforts of the Voice of America and the International 
Broadcasting Bureau, to remain available until expended for carrying out 
authorized purposes.

                    Broadcasting Capital Improvements

    For the purchase, rent, construction, and improvement of facilities 
for radio transmission and reception, and purchase and installation of 
necessary equipment for radio and television transmission and reception 
as authorized, $8,560,000, to remain available until expended, as 
authorized.

       General Provisions--Department of State and Related Agency

    Sec. 401. Funds appropriated under this title shall be available, 
except as otherwise provided, for allowances and differentials as 
authorized by subchapter 59 of title 5, United States Code; for services 
as authorized by 5 U.S.C. 3109; and for hire of passenger transportation 
pursuant to 31 U.S.C. 1343(b).
    Sec. 402. Not to exceed 5 percent of any appropriation made 
available for the current fiscal year for the Department of State in 
this Act may be transferred between such appropriations, but no such 
appropriation, except as otherwise specifically provided, shall be 
increased by more than 10 percent by any such transfers: Provided, That 
not to exceed 5 percent of any appropriation made available for the 
current fiscal year for the Broadcasting Board of Governors in this Act 
may be transferred between such appropriations, but no such 
appropriation, except as otherwise specifically provided, shall be 
increased by more than 10 percent by any such transfers: Provided 
further, That any transfer pursuant to this section shall be treated as 
a reprogramming of funds under section 605 of this Act and shall not be 
available for obligation or expenditure except in compliance with the 
procedures set forth in that section.
    Sec. 403. None of the funds made available in this Act may be used 
by the Department of State or the Broadcasting Board of Governors to 
provide equipment, technical support, consulting services, or any other 
form of assistance to the Palestinian Broadcasting Corporation.
    Sec. 404. (a) The Senior Policy Operating Group on Trafficking in 
Persons, established under section 406 of division B of Public Law 108-7 
to coordinate agency activities regarding policies (including grants and 
grant policies) involving the international trafficking in persons, 
shall coordinate all such policies related to the activities of 
traffickers and victims of severe forms of trafficking.
    (b) None of the funds provided in this or any other Act shall be 
expended to perform functions that duplicate coordinating 
responsibilities of the Operating Group.
    (c) The Operating Group shall <<NOTE: Reports.>> continue to report 
only to the authorities that appointed them pursuant to section 406 of 
division B of Public Law 108-7.

    Sec. 405. (a) Subsection (b) of section 36 of the State Department 
Basic Authorities Act of 1956 (22 U.S.C. 2708) is amended--
            (1) in paragraph (5) by striking ``or'' at the end;
            (2) in paragraph (6) by striking the period and inserting 
        ``; or''; and

[[Page 118 STAT. 2903]]

            (3) by adding at the end the following new paragraph:
            ``(7) the disruption of financial mechanisms of a foreign 
        terrorist organization, including the use by the organization of 
        illicit narcotics production or international narcotics 
        trafficking--
                    ``(A) to finance acts of international terrorism; or
                    ``(B) to sustain or support any terrorist 
                organization.''.

    (b) Subsection (e)(1) of such section is amended--
            (1) by striking ``$5,000,000'' and inserting 
        ``$25,000,000'';
            (2) by striking the second period at the end; and
            (3) by adding at the end the following new sentence: 
        ``Without first making such determination, the Secretary may 
        authorize a reward of up to twice the amount specified in this 
        paragraph for the capture or information leading to the capture 
        of a leader of a foreign terrorist organization.''.

    (c) Subsection (e) of such section is amended by adding at the end 
the following new paragraph:
            ``(6) Forms of reward payment.--The Secretary may make a 
        reward under this section in the form of money, a nonmonetary 
        item (including such items as automotive vehicles), or a 
        combination thereof.''.

    (d) Such section is amended--
            (1) by redesignating subsections (i) and (j) as subsections 
        (j) and (k), respectively; and
            (2) by inserting after subsection (h) the following new 
        subsection:

    ``(i) Media Surveys and Advertisements.--
            ``(1) Surveys conducted.--For the purpose of more 
        effectively disseminating information about the rewards program, 
        the Secretary may use the resources of the rewards program to 
        conduct media surveys, including analyses of media markets, 
        means of communication, and levels of literacy, in countries 
        determined by the Secretary to be associated with acts of 
        international terrorism.
            ``(2) Creation and purchase of advertisements.--The 
        Secretary may use the resources of the rewards program to create 
        advertisements to disseminate information about the rewards 
        program. The Secretary may base the content of such 
        advertisements on the findings of the surveys conducted under 
        paragraph (1). The Secretary may purchase radio or television 
        time, newspaper space, or make use of any other means of 
        advertisement, as appropriate.''.

    (e) <<NOTE: Deadline. Plan. Terrorism.>> Not later than 90 days 
after the date of the enactment of this Act, the Secretary of State 
shall submit to the Committees on Appropriations of the House of 
Representatives and of the Senate, the Committee on International 
Relations of the House of Representatives and the Committee on Foreign 
Relations of the Senate a plan to maximize awareness of the reward 
available under section 36 of the State Department Basic Authorities Act 
of 1956 (22 U.S.C. 2708 et seq.) for the capture or information leading 
to the capture of a leader of a foreign terrorist organization who may 
be in Pakistan or Afghanistan. The Secretary may use the resources of 
the rewards program to prepare the plan.

    Sec. 406. For the purposes of registration of birth, certification 
of nationality, or issuance of a passport of a United States citizen 
born in the city of Jerusalem, the Secretary of State shall, upon 
request of the citizen, record the place of birth as Israel.

[[Page 118 STAT. 2904]]

    Sec. 407. <<NOTE: Deadline.>> The Secretary of State shall provide 
to a member of the Committee on Appropriations of the Senate or the 
Committee on Appropriations of the House of Representatives a copy of 
each cable sent to or by a Department of State employee that pertains to 
any topic specified by the requesting member, regardless of the level of 
classification of the cable, not later than 15 days after the date on 
which the member makes a written or verbal request for such copies.

    Sec. 408. <<NOTE: Establishment. 22 USC 2651a note.>> There is 
established within the Department of State the Office of the Coordinator 
for Reconstruction and Stabilization: Provided, That the head of the 
Office shall be the Coordinator for Reconstruction and Stabilization, 
who shall report directly to the Secretary of State: Provided further, 
That the functions of the Office of the Coordinator for Reconstruction 
and Stabilization shall include--
            (1) cataloguing and monitoring the non-military resources 
        and capabilities of Executive agencies (as that term is defined 
        in section 105 of title 5, United States Code), State and local 
        governments, and entities in the private and non-profit sectors 
        that are available to address crises in countries or regions 
        that are in, or are in transition from, conflict or civil 
        strife;
            (2) monitoring political and economic instability worldwide 
        to anticipate the need for mobilizing United States and 
        international assistance for countries or regions described in 
        paragraph (1);
            (3) assessing crises in countries or regions described in 
        paragraph (1) and determining the appropriate non-military 
        United States, including but not limited to demobilization, 
        policing, human rights monitoring, and public information 
        efforts;
            (4) planning for response efforts under paragraph (3);
            (5) coordinating with relevant Executive agencies the 
        development of interagency contingency plans for such response 
        efforts; and
            (6) coordinating the training of civilian personnel to 
        perform stabilization and reconstruction activities in response 
        to crises in such countries or regions described in paragraph 
        (1).

    Sec. 409. (a) <<NOTE: 22 USC 3927a.>> The Secretary of State shall 
require each chief of mission to review, not less than once every 5 
years, every staff element under chief of mission authority, including 
staff from other departments or agencies of the United States, and 
recommend approval or disapproval of each staff element. Each such 
review shall be conducted pursuant to a process established by the 
President for determining appropriate staffing at diplomatic missions 
and overseas constituent posts (commonly referred to as the ``NSDD-38 
process'').

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

[[Page 118 STAT. 2905]]

    Sec. 410. Funds appropriated by this Act for the Broadcasting Board 
of Governors and the Department of State may be obligated and expended 
notwithstanding section 15 of the State Department Basic Authorities Act 
of 1956, section 313 of the Foreign Relations Authorization Act, Fiscal 
Years 1994 and 1995 (Public Law 103-236), and section 504(a)(1) of the 
National Security Act of 1947 (50 U.S.C. 414(a)(1)).
    Sec. 411. <<NOTE: 22 USC 287e note.>> During fiscal year 2005, 
section 404(b)(2)(B) of the Foreign Relations Authorization Act, Fiscal 
Years 1994 and 1995 (Public Law 103-236; 22 U.S.C. 287e note), shall be 
administered as though the matter following clause (iii) reads as 
follows:
                          ``(v) For assessments made during calendar 
                      year 2005, 27.1 percent.''.

    Sec. 412. (a) Section 402(a) of the Foreign Service Act of 1980 (22 
U.S.C. 3962(a)) is amended--
            (1) in paragraph (1), by striking the second and third 
        sentences and inserting the following <<NOTE: President.>> new 
        sentences: ``The President shall also prescribe ranges of basic 
        salary rates for each class. Except as provided in paragraph 
        (3), basic salary rates for the Senior Foreign Service may not 
        exceed the maximum rate or be less than the minimum rate of 
        basic pay payable for the Senior Executive Service under section 
        5382 of title 5, United States Code.''; and
            (2) by striking paragraph (2) and inserting the following 
        new paragraphs:

    ``(2) The Secretary shall <<NOTE: Wages. Government 
employees.>> determine which basic salary rate within the ranges 
prescribed by the President under paragraph (1) shall be paid to each 
member of the Senior Foreign Service based on individual performance, 
contribution to the mission of the Department, or both, as determined 
under a rigorous performance management system. Except as provided in 
regulations prescribed by the Secretary and, to the extent possible, 
consistent with regulations governing the Senior Executive Service, the 
Secretary may adjust the basic salary rate of a member of the Senior 
Foreign Service not more than once during any 12-month period.

    ``(3) Upon a determination by the Secretary that the Senior Foreign 
Service performance appraisal system, as designed and applied, makes 
meaningful distinctions based on relative performance--
            ``(A) the maximum rate of basic pay payable for the Senior 
        Foreign Service shall be level II of the Executive Schedule; and
            ``(B) the applicable aggregate pay cap shall be equivalent 
        to the aggregate pay cap set forth in section 5307(d)(1) of 
        title 5, United States Code, for members of the Senior Executive 
        Service.''.

    (b) Section 405(b)(4) of such Act (22 U.S.C. 3965(b)(4)) is amended 
by inserting before the period the following: ``, or the limitation 
under section 402(a)(3), whichever is higher''.
    (c) Section 401(a) of such Act (22 U.S.C. 3961(a)) is amended by 
striking ``shall not exceed the annual rate of pay payable for level I 
of such Executive Schedule'' and inserting ``shall be subject to the 
limitation on certain payments under section 5307 of title 5, United 
States Code, or the limitation under section 402(a)(3), whichever is 
higher''.

[[Page 118 STAT. 2906]]

    Sec. 413. (a) Section 2 of the State Department Basic Authorities 
Act of 1956 (22 U.S.C. 2669) is amended by adding at the end the 
following:
    ``(o) make administrative corrections or adjustments to an 
employee's pay, allowances, or differentials, resulting from mistakes or 
retroactive personnel actions, as well as provide back pay and other 
categories of payments under section 5596 of title 5, United States 
Code, as part of the settlement or compromise of administrative claims 
or grievances filed against the Department.''.
    (b) Such section is further amended--
            (1) in subsection (k), by striking ``and'';
            (2) by transferring subsection (m) within such section to 
        appear after subsection (l);
            (3) in subsections (l) and (m), by striking the period at 
        the end of each subsection and inserting a semicolon; and
            (4) in subsection (n), by striking the period at the end and 
        inserting a semicolon and ``and''.

    This title may be cited as the ``Department of State and Related 
Agency Appropriations Act, 2005''.

                        TITLE V--RELATED AGENCIES

                   Antitrust Modernization Commission

                          salaries and expenses

    For necessary expenses of the Antitrust Modernization Commission, as 
authorized by Public Law 107-273, $1,187,000, to remain available until 
expended.

      Commission for the Preservation of America's Heritage Abroad

                          salaries and expenses

    For expenses for the Commission for the Preservation of America's 
Heritage Abroad, $499,000, as authorized by section 1303 of Public Law 
99-83.

                       Commission on Civil Rights

                          Salaries and Expenses

    For necessary expenses of the Commission on Civil Rights, including 
hire of passenger motor vehicles, $9,096,000: Provided, That not to 
exceed $50,000 may be used to employ consultants: Provided further, That 
none of the funds appropriated in this paragraph shall be used to employ 
in excess of four full-time individuals under Schedule C of the Excepted 
Service exclusive of one special assistant for each Commissioner: 
Provided further, That none of the funds appropriated in this paragraph 
shall be used to reimburse Commissioners for more than 75 billable days, 
with the exception of the chairperson, who is permitted 125 billable 
days.

[[Page 118 STAT. 2907]]

              Commission on International Religious Freedom

                          salaries and expenses

    For necessary expenses for the United States Commission on 
International Religious Freedom, as authorized by title II of the 
International Religious Freedom Act of 1998 (Public Law 105-292), 
$3,000,000, to remain available until expended: Provided, That in fiscal 
year 2005, the Commission may procure temporary services for the purpose 
of conducting a study on conditions of the right to freedom of religion 
or belief in North Korea, notwithstanding section 208(c)(1) of Public 
Law 105-292 (22 U.S.C. 6435a(c)(1)).

            Commission on Security and Cooperation in Europe

                          salaries and expenses

    For necessary expenses of the Commission on Security and Cooperation 
in Europe, as authorized by Public Law 94-304, $1,831,000, to remain 
available until expended as authorized by section 3 of Public Law 99-7.

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

                          salaries and expenses

    For necessary expenses of the Congressional-Executive Commission on 
the People's Republic of China, as authorized, $1,900,000, including not 
more than $3,000 for the purpose of official representation, to remain 
available until expended: Provided, That $100,000 shall be for the 
Political Prisoner Database.

                 Equal Employment Opportunity Commission

                          Salaries and Expenses

    For necessary expenses of the Equal Employment Opportunity 
Commission as authorized by title VII of the Civil Rights Act of 1964 
(29 U.S.C. 206(d) and 621-634), the Americans with Disabilities Act of 
1990, and the Civil Rights Act of 1991, including services as authorized 
by 5 U.S.C. 3109; hire of passenger motor vehicles as authorized by 31 
U.S.C. 1343(b); non-monetary awards to private citizens; and not to 
exceed $33,000,000 for payments to State and local enforcement agencies 
for services to the Commission pursuant to title VII of the Civil Rights 
Act of 1964, sections 6 and 14 of the Age Discrimination in Employment 
Act, the Americans with Disabilities Act of 1990, and the Civil Rights 
Act of 1991, $331,228,000: Provided, That the Commission is authorized 
to make available for official reception and representation expenses not 
to exceed $2,500 from available funds: Provided further, That the 
Commission may take no action to implement any workforce repositioning, 
restructuring, or reorganization until such time as the Committees on 
Appropriations have been notified of such proposals, in accordance with 
the reprogramming provisions of section 605 of this Act: Provided 
further, That the Commission shall not have fewer field position in 
fiscal year 2005 than in fiscal year 2004.

[[Page 118 STAT. 2908]]

                    Federal Communications Commission

                          Salaries and Expenses

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

                        Federal Trade Commission

                          Salaries and Expenses

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

[[Page 118 STAT. 2909]]

1831t) or section 151(b)(2) of the Federal Deposit Insurance Corporation 
Improvement Act of 1991 (12 U.S.C. 1831t note).

                             HELP Commission

                          salaries and expenses

    For necessary expenses of the HELP Commission, $1,000,000, to remain 
available until expended.

                       Legal Services Corporation

                Payment to the Legal Services Corporation

    For payment to the Legal Services Corporation to carry out the 
purposes of the Legal Services Corporation Act of 1974, $335,282,000, of 
which $316,604,000 is for basic field programs and required independent 
audits; $2,573,000 is for the Office of Inspector General, of which such 
amounts as may be necessary may be used to conduct additional audits of 
recipients; $13,000,000 is for management and administration; $1,272,000 
is for client self-help and information technology; and $1,833,000 is 
for grants to offset losses due to census adjustments: Provided, That 
not to exceed $1,000,000 from amounts previously appropriated under this 
heading may be used for a student loan repayment pilot program.

          Administrative Provision--Legal Services Corporation

    None of the funds appropriated in this Act to the Legal Services 
Corporation shall be expended for any purpose prohibited or limited by, 
or contrary to any of the provisions of, sections 501, 502, 503, 504, 
505, and 506 of Public Law 105-119, and all funds appropriated in this 
Act to the Legal Services Corporation shall be subject to the same terms 
and conditions set forth in such sections, except that all references in 
sections 502 and 503 to 1997 and 1998 shall be deemed to refer instead 
to 2004 and 2005, respectively, and except that section 501(a)(1) of 
Public Law 104-134 (110 Stat. 1321-51 et seq.) shall not apply to the 
use of the $1,833,000 to address loss of funding due to Census-based 
reallocations.

                        Marine Mammal Commission

                          Salaries and Expenses

    For necessary expenses of the Marine Mammal Commission as authorized 
by title II of Public Law 92-522, $1,890,000.

           National Veterans Business Development Corporation

    For necessary expenses of the National Veterans Business Development 
Corporation as authorized under section 33(a) of the Small Business Act, 
$2,000,000, to remain available until expended.

[[Page 118 STAT. 2910]]

                   Securities and Exchange Commission

                          Salaries and Expenses

    For necessary expenses for the Securities and Exchange Commission, 
including services as authorized by 5 U.S.C. 3109, the rental of space 
(to include multiple year leases) in the District of Columbia and 
elsewhere, and not to exceed $3,000 for official reception and 
representation expenses, $913,000,000, to remain available until 
expended; of which not to exceed $10,000 may be used toward funding a 
permanent secretariat for the International Organization of Securities 
Commissions; and of which not to exceed $100,000 shall be available for 
expenses for consultations and meetings hosted by the Commission with 
foreign governmental and other regulatory officials, members of their 
delegations, appropriate representatives and staff to exchange views 
concerning developments relating to securities matters, development and 
implementation of cooperation agreements concerning securities matters 
and provision of technical assistance for the development of foreign 
securities markets, such expenses to include necessary logistic and 
administrative expenses and the expenses of Commission staff and foreign 
invitees in attendance at such consultations and meetings including: (1) 
such incidental expenses as meals taken in the course of such 
attendance; (2) any travel and transportation to or from such meetings; 
and (3) any other related lodging or subsistence: Provided, That fees 
and charges authorized by sections 6(b) of the Securities Exchange Act 
of 1933 (15 U.S.C. 77f(b)), and 13(e), 14(g) and 31 of the Securities 
Exchange Act of 1934 (15 U.S.C. 78m(e), 78n(g), and 78ee), shall be 
credited to this account as offsetting collections: Provided further, 
That not to exceed $856,000,000 of such offsetting collections shall be 
available until expended for necessary expenses of this account: 
Provided further, That $57,000,000 shall be derived from prior year 
unobligated balances from funds previously appropriated to the 
Securities and Exchange Commission: Provided further, That the total 
amount appropriated under this heading from the general fund for fiscal 
year 2005 shall be reduced as such offsetting fees are received so as to 
result in a final total fiscal year 2005 appropriation from the general 
fund estimated at not more than $0.
    Not <<NOTE: Deadlines. Reports. Investments.>> later than May 1, 
2005, the Securities and Exchange Commission shall submit a report to 
the Committee on Appropriations of the Senate that provides a 
justification for final rules issued by the Commission on June 30, 2004 
(amending title 17, Code of Federal Regulations, Parts 239, 240, and 
274), requiring that the chair of the board of directors of a mutual 
fund be an independent director: Provided, That such report shall 
analyze whether mutual funds chaired by disinterested directors perform 
better, have lower expenses, or have better compliance records than 
mutual funds chaired by interested directors: Provided further, That 
the <<NOTE: Deadline.>> Securities and Exchange Commission shall act 
upon the recommendations of such report not later than January 1, 2006.

                      Small Business Administration

                          Salaries and Expenses

    For necessary expenses, not otherwise provided for, of the Small 
Business Administration as authorized by Public Law 106-554,

[[Page 118 STAT. 2911]]

including hire of passenger motor vehicles as authorized by 31 U.S.C. 
1343 and 1344, and not to exceed $3,500 for official reception and 
representation expenses, $322,335,000: Provided, That the Administrator 
is authorized to charge fees to cover the cost of publications developed 
by the Small Business Administration, and certain loan servicing 
activities: Provided further, That, notwithstanding 31 U.S.C. 3302, 
revenues received from all such activities shall be credited to this 
account, to be available for carrying out these purposes without further 
appropriations: Provided further, That $89,000,000 shall be available to 
fund grants for performance in fiscal year 2005 or fiscal year 2006 as 
authorized: Provided further, That the Small Business Administration is 
authorized to award grants under the Women's Business Center 
Sustainability Pilot Program established by section 4(a) of Public Law 
106-165 (15 U.S.C. 656(l)): Provided further, That, of the amounts 
provided for Women's Business Centers, not less than 48 percent shall be 
available to continue Women's Business Centers in sustainability status.

                       Office of Inspector General

    For necessary expenses of the Office of Inspector General in 
carrying out the provisions of the Inspector General Act of 1978, 
$13,014,000.

                  Surety Bond Guarantees Revolving Fund

    For additional capital for the Surety Bond Guarantees Revolving 
Fund, authorized by the Small Business Investment Act, as amended, 
$2,900,000, to remain available until expended.

                     Business Loans Program Account

    For the cost of direct loans, $1,455,000, to remain available until 
expended: Provided, That such costs, including the cost of modifying 
such loans, shall be as defined in section 502 of the Congressional 
Budget Act of 1974: Provided further, That subject to section 502 of the 
Congressional Budget Act of 1974, during fiscal year 2005 commitments to 
guarantee loans under section 503 of the Small Business Investment Act 
of 1958, shall not exceed $5,000,000,000: Provided further, That 
subsection 503(f) of the Small Business Investment Act of 1958 (15 
U.S.C. 697(f)), as amended by section 2 of Public Law 108-217, is 
further amended by striking ``October 1, 2004'' and inserting ``October 
1, 2005'': Provided further, That during fiscal year 2005 commitments 
for general business loans authorized under section 7(a) of the Small 
Business Act, shall not exceed $16,000,000,000: Provided further, That 
during fiscal year 2005 commitments to guarantee loans for debentures 
and participating securities under section 303(b) of the Small Business 
Investment Act of 1958, shall not exceed the levels established by 
section 20(i)(1)(C) of the Small Business Act: Provided further, That 
during fiscal year 2005 guarantees of trust certificates authorized by 
section 5(g) of the Small Business Act shall not exceed a principal 
amount of $10,000,000,000.
    In addition, for administrative expenses to carry out the direct and 
guaranteed loan programs, $126,653,000, which may be transferred to and 
merged with the appropriations for Salaries and Expenses.

[[Page 118 STAT. 2912]]

                     Disaster Loans Program Account

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

         Administrative Provision--Small Business Administration

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

                         State Justice Institute

                          salaries and expenses

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

       United States-China Economic and Security Review Commission

                          Salaries and Expenses

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

                    United States Institute of Peace

                           operating expenses

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

[[Page 118 STAT. 2913]]

the Task Force on the United Nations shall submit a report on its 
findings to the Committees on Appropriations of the House of 
Representatives and Senate not later than 180 days after the date of the 
enactment of this Act.

           United States Senate-China Interparliamentary Group

                          SALARIES AND EXPENSES

    For necessary expenses of the United States Senate-China 
Interparliamentary Group, as authorized under section 153 of the 
Consolidated Appropriations Act, 2004 (22 U.S.C. 276n; Public Law 108-
199; 118 Stat. 448), $100,000, to remain available until expended.

                      TITLE VI--GENERAL PROVISIONS

                         (including rescissions)

    Sec. 601. No part of any appropriation contained in this Act shall 
be used for publicity or propaganda purposes not authorized by the 
Congress.
    Sec. 602. No part of any appropriation contained in this Act shall 
remain available for obligation beyond the current fiscal year unless 
expressly so provided herein.
    Sec. 603. <<NOTE: Contracts. Public information.>> The expenditure 
of any appropriation under this Act for any consulting service through 
procurement contract, pursuant to 5 U.S.C. 3109, shall be limited to 
those contracts where such expenditures are a matter of public record 
and available for public inspection, except where otherwise provided 
under existing law, or under existing Executive order issued pursuant to 
existing law.

    Sec. 604. If any provision of this Act or the application of such 
provision to any person or circumstances shall be held invalid, the 
remainder of the Act and the application of each provision to persons or 
circumstances other than those as to which it is held invalid shall not 
be affected thereby.
    Sec. 605. (a) <<NOTE: Notification.>> None of the funds provided 
under this Act, or provided under previous appropriations Acts to the 
agencies funded by this Act that remain available for obligation or 
expenditure in fiscal year 2005, or provided from any accounts in the 
Treasury of the United States derived by the collection of fees 
available to the agencies funded by this Act, shall be available for 
obligation or expenditure through a reprogramming of funds that: (1) 
creates new programs; (2) eliminates a program, project, or activity; 
(3) increases funds or personnel by any means for any project or 
activity for which funds have been denied or restricted; (4) relocates 
an office or employees; (5) reorganizes or renames offices; (6) 
reorganizes programs or activities; or (7) contracts out or privatizes 
any functions or activities presently performed by Federal employees; 
unless the Appropriations Committees of both Houses of Congress are 
notified 15 days in advance of such reprogramming of funds.

    (b) <<NOTE: Notification.>> None of the funds provided under this 
Act, or provided under previous appropriations Acts to the agencies 
funded by this Act that remain available for obligation or expenditure 
in fiscal year 2005, or provided from any accounts in the Treasury of 
the United States derived by the collection of fees available to the 
agencies funded by this Act, shall be available for obligation or

[[Page 118 STAT. 2914]]

expenditure for activities, programs, or projects through a 
reprogramming of funds in excess of $750,000 or 10 percent, whichever is 
less, that: (1) augments existing programs, projects, or activities; (2) 
reduces by 10 percent funding for any existing program, project, or 
activity, or numbers of personnel by 10 percent as approved by Congress; 
or (3) results from any general savings, including savings from a 
reduction in personnel, which would result in a change in existing 
programs, activities, or projects as approved by Congress; unless the 
Appropriations Committees of both Houses of Congress are notified 15 
days in advance of such reprogramming of funds.

    Sec. 606. Hereafter, none of the funds made available in this Act 
may be used for the construction, repair (other than emergency repair), 
overhaul, conversion, or modernization of vessels for the National 
Oceanic and Atmospheric Administration in shipyards located outside of 
the United States.
    Sec. 607. <<NOTE: Religious harassment.>> None of the funds made 
available in this Act may be used to implement, administer, or enforce 
any guidelines of the Equal Employment Opportunity Commission covering 
harassment based on religion, when it is made known to the Federal 
entity or official to which such funds are made available that such 
guidelines do not differ in any respect from the proposed guidelines 
published by the Commission on October 1, 1993 (58 Fed. Reg. 51266).

    Sec. 608. If it has been finally determined by a court or Federal 
agency that any person intentionally affixed a label bearing a ``Made in 
America'' inscription, or any inscription with the same meaning, to any 
product sold in or shipped to the United States that is not made in the 
United States, the person shall be ineligible to receive any contract or 
subcontract made with funds made available in this Act, pursuant to the 
debarment, suspension, and ineligibility procedures described in 
sections 9.400 through 9.409 of title 48, Code of Federal Regulations.
    Sec. 609. None of the funds made available by this Act may be used 
for any United Nations undertaking when it is made known to the Federal 
official having authority to obligate or expend such funds that: (1) the 
United Nations undertaking is a peacekeeping mission; (2) such 
undertaking will involve United States Armed Forces under the command or 
operational control of a foreign national; and (3) the President's 
military advisors have not submitted to the President a recommendation 
that such involvement is in the national security interests of the 
United States and the President has not submitted to the Congress such a 
recommendation.
    Sec. 610. <<NOTE: Records.>> The Departments of Commerce, Justice, 
and State, the Judiciary, the Federal Communications Commission, the 
Securities and Exchange Commission and the Small Business Administration 
shall provide to the Committees on Appropriations of the Senate and of 
the House of Representatives a quarterly accounting of the cumulative 
balances of any unobligated funds that were received by such agency 
during any previous fiscal year.

    Sec. 611. (a) None of the funds appropriated or otherwise made 
available by this Act shall be expended for any purpose for which 
appropriations are prohibited by section 609 of the Departments of 
Commerce, Justice, and State, the Judiciary, and Related Agencies 
Appropriations Act, 1999.

[[Page 118 STAT. 2915]]

    (b) <<NOTE: Applicability.>> The requirements in subparagraphs (A) 
and (B) of section 609 of that Act shall continue to apply during fiscal 
year 2005.

    Sec. 612. Any costs incurred by a department or agency funded under 
this Act resulting from personnel actions taken in response to funding 
reductions included in this Act shall be absorbed within the total 
budgetary resources available to such department or agency: Provided, 
That the authority to transfer funds between appropriations accounts as 
may be necessary to carry out this section is provided in addition to 
authorities included elsewhere in this Act: Provided further, That use 
of funds to carry out this section shall be treated as a reprogramming 
of funds under section 605 of this Act and shall not be available for 
obligation or expenditure except in compliance with the procedures set 
forth in that section.
    Sec. 613. None of the funds provided by this Act shall be available 
to promote the sale or export of tobacco or tobacco products, or to seek 
the reduction or removal by any foreign country of restrictions on the 
marketing of tobacco or tobacco products, except for restrictions which 
are not applied equally to all tobacco or tobacco products of the same 
type.
    Sec. 614. (a) None of the funds appropriated or otherwise made 
available by this Act shall be expended for any purpose for which 
appropriations are prohibited by section 616 of the Departments of 
Commerce, Justice, and State, the Judiciary, and Related Agencies 
Appropriations Act, 1999.
    (b) <<NOTE: Applicability.>> The requirements in subsections (b) and 
(c) of section 616 of that Act shall continue to apply during fiscal 
year 2005.

    Sec. 615. <<NOTE: Firearms.>> None of the funds appropriated 
pursuant to this Act or any other provision of law may be used for--
            (1) the implementation of any tax or fee in connection with 
        the implementation of subsection 922(t) of title 18, United 
        States Code; and
            (2) any system to implement subsection 922(t) of title 18, 
        United States Code, that does not require and result in the 
        destruction of any identifying information submitted by or on 
        behalf of any person who has been determined not to be 
        prohibited from possessing or receiving a firearm no more than 
        24 hours after the system advises a Federal firearms licensee 
        that possession or receipt of a firearm by the prospective 
        transferee would not violate subsection (g) or (n) of section 
        922 of title 18, United States Code, or State law.

    Sec. 616. <<NOTE: 42 USC 10601 note.>> Notwithstanding any other 
provision of law, amounts deposited or available in the Fund established 
under 42 U.S.C. 10601 in any fiscal year in excess of $625,000,000 shall 
not be available for obligation until the following fiscal year.

    Sec. 617. <<NOTE: Non- discrimination.>> None of the funds made 
available to the Department of Justice in this Act may be used to 
discriminate against or denigrate the religious or moral beliefs of 
students who participate in programs for which financial assistance is 
provided from those funds, or of the parents or legal guardians of such 
students.

    Sec. 618. None of the funds appropriated or otherwise made available 
to the Department of State shall be available for the purpose of 
granting either immigrant or nonimmigrant visas, or both, consistent 
with the determination of the Secretary of State under section 243(d) of 
the Immigration and Nationality Act, to citizens, subjects, nationals, 
or residents of countries that the Secretary of Homeland Security has 
determined deny or unreasonably

[[Page 118 STAT. 2916]]

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

[[Page 118 STAT. 2917]]

Center of Greater Philadelphia; $50,000 shall be available for a grant 
to the Center for Excellence in Education; $100,000 shall be available 
for a grant to The Cedar Creek Battlefield Foundation; $100,000 shall be 
available for a grant to Belle Grove Plantation; $150,000 shall be 
available for a grant to the City of Manassas Park for economic 
development; $100,000 shall be available for a grant to the Shenandoah 
Valley Travel Association; $1,200,000 shall be available for a grant to 
Shenandoah University to develop a facility for a business program; 
$115,000 shall be available for a grant to Economic Alliance Houston 
Port Region; $20,000 shall be available for a grant to the Town of South 
Boston, Virginia, for small business development; $100,000 shall be 
available for a grant to Patrick Henry Community College for a workforce 
training program; $100,000 shall be available for a grant for Danville 
Community College for a workforce training program; $1,000,000 shall be 
available for a grant to the University of Illinois for the Information 
Trust Institute initiative; $500,000 shall be available for a grant to 
Wittenberg University for a technology initiative; $500,000 shall be 
available for a grant to the Dayton Development Coalition; $250,000 
shall be available for a grant for REI Rural Business Resources Center 
in Seminole, Oklahoma; $50,000 shall be available for a grant to 
Experience Works to expand opportunities for older workers; $50,000 
shall be available for a grant to Project Listo for workforce 
development and procurement opportunities; $100,000 shall be available 
for a grant to North Iowa Area Community College for a small business 
incubator; $450,000 shall be available for a grant to California State 
University, in San Bernardino, California, for development of the Center 
for the Commercialization of Advanced Technology; $50,000 shall be 
available for a grant to Rowan University for a workforce training 
program; $200,000 shall be available for a grant to the Freeport 
Downtown Development Foundation for a small business economic 
development initiative; $1,500,000 shall be available for a grant to the 
Rockford Area Convention and Visitors Bureau for a manufacturing 
program; $200,000 shall be available for a grant to Jefferson County 
Development Council; $200,000 shall be available for a grant to 
Clearfield County Economic Development Corporation; $500,000 shall be 
available for a grant to the Columbus College of Art and Design for 
facilities development to build partnerships with businesses; $115,000 
shall be available for a grant to Ohio Business Connection; $1,000,000 
shall be available for a grant to the Southern and Eastern Kentucky 
Tourism Development Association; $500,000 shall be available for a grant 
to the Bridgeport Regional Business Council for an economic integration 
initiative; $100,000 shall be available for a grant to Cedarbridge 
Development Corporation for a redevelopment initiative; $900,000 shall 
be available for a grant to Western Carolina University for a computer 
engineering program; $100,000 shall be available for a grant to 
Asheville-Buncombe Technical Community College for an economic 
development initiative; $100,000 shall be available for a grant to 
Jubilee Homes for the Southwest Economic Business Resource Center; 
$400,000 shall be available for a grant for the Connect the Valley 
initiative; $400,000 shall be available for a grant to the University of 
Tennessee Corridor Initiative; $500,000 shall be available for a grant 
to the Illinois Institute for Technology to examine and assess 
advancements in biotechnologies; $250,000 shall be available for a grant 
to the City of Largo, Florida, for business

[[Page 118 STAT. 2918]]

information; $250,000 shall be available for a grant to Pro Co 
Technology, Inc., in the Bronx, New York, for a computer training 
center; $50,000 shall be available for a grant for the Promesa 
Foundation in the Bronx, New York, to provide community growth funding; 
$200,000 shall be available for a grant to Bronx Shepherds for community 
programs; $150,000 shall be available for a grant to HOGAR, Inc., in the 
Bronx, New York; $200,000 shall be available for a grant to Promesa 
Enterprises to provide services and support to community based 
organizations in the Bronx, New York; $200,000 for the Arthur Avenue 
Retail Market in the Bronx, New York, for facility, improvement, and 
maintenance needs to meet the Market's business requirements; $200,000 
shall be available for a grant to Pregones Theater in the Bronx, New 
York, for business infrastructure; $200,000 shall be available for a 
grant to Presbyterian Senior Services for their Grandparent Family 
Apartments project and programs in the Bronx, New York; $100,000 shall 
be available for a grant to Thorpe Family Residence, Inc., to continue 
its services and programs in the Bronx, New York; $100,000 shall be 
available for a grant to the Puerto Rican Traveling Theater in the 
Bronx, New York, for outreach and programs; $100,000 shall be available 
for Casita Maria's Career and College Placement Preparation to be 
implemented in coordination with business partners in New York City; 
$1,100,000 shall be available for a grant to the MountainMade Foundation 
to fulfill its charter purposes and to continue the initiative developed 
by the NTTC for outreach and promotion, business and sites development, 
the education of artists and craftspeople, and to promote small 
businesses, artisans and their products through market development, 
advertisement, commercial sale and other promotional means; $1,000,000 
shall be available for a grant for Northwest Shoals Community College to 
complete the Center for Business and Industry; $1,000,000 shall be 
available for the Rhode Island School of Design in Providence, Rhode 
Island, for the continued modernization of the Mason Building; 
$1,000,000 shall be available for a grant to the Norwegian American 
Foundation to fulfill its charter purposes; $750,000 shall be available 
for a grant to St. Mary's College for a telecommunications initiative; 
$400,000 shall be available for a grant to the Economic Growth Council 
Procurement Assistance Program; $500,000 shall be available for a grant 
to Johnstown Area Regional Industries in Pennsylvania for an enhanced 
economic development initiative; $300,000 shall be available for a grant 
to the Good Old Lower East Side organization for a small business 
economic development initiative for the Lower East Side, New York; 
$200,000 shall be available for a grant for the Sunnyside Chamber of 
Commerce to conduct a redevelopment study for Sunnyside, Queens, New 
York, and to implement improvements.
    (b) Section 621 of division B of Public Law 108-199 <<NOTE: Ante, p. 
96.>> is amended--
            (1) by striking ``$1,000,000 shall be available for the 
        Providence, Rhode Island Center for Women and Enterprise for 
        infrastructure development;'' and inserting ``$100,000 shall be 
        available for the Providence, Rhode Island Center for Women and 
        Enterprise for small business development programs and 
        infrastructure development; $900,000 shall be available for the 
        Rhode Island School of Design in Providence, Rhode Island, for 
        the continued modernization of the Mason Building;'',

[[Page 118 STAT. 2919]]

            (2) by inserting ``for the purpose of conducting the program 
        and providing financial assistance'' after ``the Economic Growth 
        Connection Paperless Procurement Program'', and
            (3) by inserting ``and to implement improvements'' after 
        ``the Ridgewood Myrtle Avenue Business Improvement District to 
        conduct a redevelopment study''.

    Sec. 620. <<NOTE: Alaska.>> All disaster loans issued in Alaska 
shall be administered by the Small Business Administration and shall not 
be sold during fiscal year 2005.

    Sec. 621. None of the funds made available in this Act may be 
transferred to any department, agency, or instrumentality of the United 
States Government, except pursuant to a transfer made by, or transfer 
authority provided in, this Act or any other appropriation Act.
    Sec. 622. <<NOTE: Deadline. Certification. 5 USC 6120 note.>> The 
Departments of Commerce, Justice, State, the Judiciary, the Securities 
and Exchange Commission and the Small Business Administration shall, not 
later than two months after the date of the enactment of this Act, 
certify that telecommuting opportunities are made available to 100 
percent of the eligible workforce: Provided, That, of the total amounts 
appropriated to the Departments of Commerce, Justice, State, the 
Judiciary, the Securities and Exchange Commission and the Small Business 
Administration, $5,000,000 shall be available only upon such 
certification: Provided further, That <<NOTE: Reports.>> each Department 
or agency shall provide quarterly reports to the Committees on 
Appropriations on the status of telecommuting programs, including the 
number of Federal employees eligible for, and participating in, such 
programs: Provided further, That each Department or agency shall 
designate a ``Telework Coordinator'' to be responsible for overseeing 
the implementation and operations of telecommuting programs, and serve 
as a point of contact on such programs for the Committees on 
Appropriations.

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

[[Page 118 STAT. 2920]]

        a random sample and should not be considered representative of 
        the larger universe of all firearms used by criminals, or any 
        subset of that universe. Firearms are normally traced to the 
        first retail seller, and sources reported for firearms traced do 
        not necessarily represent the sources or methods by which 
        firearms in general are acquired for use in crime.

    Sec. 625. None of the funds made available in this Act may be used 
in violation of section 212(a)(10)(C) of the Immigration and Nationality 
Act.
    Sec. 626. None of the funds appropriated or otherwise made available 
under this Act may be used to issue patents on claims directed to or 
encompassing a human organism.
    Sec. 627. <<NOTE: United Nations.>> None of the funds made available 
in this Act may be used to pay expenses for any United States delegation 
to any specialized agency, body, or commission of the United Nations if 
such commission is chaired or presided over by a country, the government 
of which the Secretary of State has determined, for purposes of section 
6(j)(1) of the Export Administration Act of 1979 (50 U.S.C. App. 
2405(j)(1)), has provided support for acts of international terrorism.

    Sec. 628. (a) The Department of Justice, the Department of Homeland 
Security, and the Department of State shall jointly conduct a thorough 
study of all matters relating to the efficiency and effectiveness of the 
interagency process used to review applications for nonimmigrant visas 
issued under section 221(a)(1)(B) of the Immigration and Nationality Act 
(8 U.S.C. 1201(a)(1)(B)). The Department of Justice, the Department of 
Homeland Security, and the Department of State shall, in conducting this 
study, develop recommendations on--
            (1) clearance procedures for nonimmigrant visas that should 
        be eliminated;
            (2) such procedures that should be continued;
            (3) the appropriate Federal agencies or departments or 
        entities that should participate in each such procedure; and
            (4) legislation that could be enacted to increase the 
        efficiency and effectiveness of such procedures.

    (b) <<NOTE: Deadline. Reports.>> Not later than 1 year after the 
date of enactment of this Act, the Department of Justice, the Department 
of Homeland Security, and the Department of State shall jointly submit a 
report to the Committees on Appropriations of the Senate and House of 
Representatives which shall contain a detailed statement of the findings 
and conclusions of the study referred to in subsection (a), together 
with recommendations for such legislation and administrative actions as 
the Department of Justice, the Department of Homeland Security, and the 
Department of State consider appropriate. The report may be submitted in 
a classified and unclassified form.

    Sec. 629. <<NOTE: 22 USC 4865 note.>> Section 604 of the Secure 
Embassy Construction and Counterterrorism Act of 1999 (title VI of 
division A of H.R. 3427, as enacted by section 1000(a)(7) of Public Law 
106-113) is amended by adding the following new subsection at the end:

    ``(e) Capital Security Cost Sharing.--
            ``(1) Authority.--Notwithstanding any other provision of 
        law, all agencies with personnel overseas subject to chief of 
        mission authority pursuant to section 207 of the Foreign Service 
        Act of 1980 (22 U.S.C. 3927) shall participate and provide 
        funding in advance for their share of costs of providing new,

[[Page 118 STAT. 2921]]

        safe, secure United States diplomatic facilities, without 
        offsets, on the basis of the total overseas presence of each 
        agency as determined annually by the Secretary of State in 
        consultation with such agency. Amounts advanced by such agencies 
        to the Department of State shall be credited to the Embassy 
        Security, Construction and Maintenance account, and remain 
        available until expended.
            ``(2) Implementation.--Implementation of this subsection 
        shall be carried out in a manner that encourages right-sizing of 
        each agency's overseas presence.
            ``(3) Exclusion.--For purposes of this subsection `agency' 
        does not include the Marine Security Guard.''.

    Sec. 630. (a) Except as provided in subsection (b), a project to 
construct a diplomatic facility of the United States may not include 
office space or other accommodations for an employee of a Federal agency 
or department if the Secretary of State determines that such department 
or agency has not provided to the Department of State the full amount of 
funding required by subsection (e) of section 604 of the Secure Embassy 
Construction and Counterterrorism Act of 1999 (as enacted into law by 
section 1000(a)(7) of Public Law 106-113 and contained in appendix G of 
that Act; 113 Stat. 1501A-453), as added by section 629 of this Act.
    (b) Notwithstanding the prohibition in subsection (a), a project to 
construct a diplomatic facility of the United States may include office 
space or other accommodations for members of the Marine Corps.
    Sec. 631. It is the sense of the Congress that the Secretary of 
State, at the most immediate opportunity, should--
            (1) make a determination as to whether recent events in the 
        Darfur region of Sudan constitute genocide as defined in the 
        Convention on the Prevention and Punishment of the Crime of 
        Genocide; and
            (2) support the investigation and prosecution of war crimes 
        and crimes against humanity committed in the Darfur region of 
        Sudan.

    Sec. 632. None of the funds made available in this Act shall be used 
in any way whatsoever to support or justify the use of torture by any 
official or contract employee of the United States Government.
    Sec. 633. (a) Section 111(b) of Public Law 102-395 (21 U.S.C. 886a) 
is amended--
            (1) by redesignating paragraphs (1) through (5) as 
        subparagraphs (A) through (E), and indenting accordingly;
            (2) in subparagraph (B), as redesignated, by striking 
        ``program.'' and inserting ``program. Such reimbursements shall 
        be made without distinguishing between expenses related to 
        controlled substance activities and expenses related to chemical 
        activities.'';
            (3) by striking ``There is established'' and inserting the 
        following: ``(1) In general.--There is established''; and
            (4) by adding at the end the following:
            ``(2) Definitions.--In this section:
                    ``(A) Diversion control program.--The term 
                `diversion control program' means the controlled 
                substance and chemical diversion control activities of 
                the Drug Enforcement Administration.

[[Page 118 STAT. 2922]]

                    ``(B) Controlled substance and chemical diversion 
                control activities.--The term `controlled substance and 
                chemical diversion control activities' means those 
                activities related to the registration and control of 
                the manufacture, distribution, dispensing, importation, 
                and exportation of controlled substances and listed 
                chemicals.''.

    (b) Section 301 of the Controlled Substances Act (21 U.S.C. 821) is 
amended by striking ``the registration and control of regulated'' and 
all that follows through the period, and inserting ``listed 
chemicals.''.
    (c) Section 1088(f) of the Controlled Substances Import and Export 
Act (21 U.S.C. 958(f)) is amended--
            (1) by inserting ``and control'' after ``the registration''; 
        and
            (2) by striking ``list I chemicals under this section.'' and 
        inserting ``listed chemicals.''.

    Sec. 634. None of the funds appropriated by this Act may be used by 
the Federal Communications Commission to modify, amend, or change its 
rules or regulations for universal service support payments to implement 
the February 27, 2004 recommendations of the Federal-State Joint Board 
on Universal Service regarding single connection or primary line 
restrictions on universal service support payments.
    Sec. 635. The unobligated balance of the amount appropriated by 
title V of the Departments of Commerce, Justice, and State, the 
Judiciary, and Related Agencies Appropriations Act, 2002 (Public Law 
107-77; 115 Stat. 798) for necessary expenses of the United States-
Canada Alaska Rail Commission shall be transferred as a direct lump-sum 
payment to the University of Alaska.
    Sec. 636. Section 33(a) of the Small Business Act (15 U.S.C. 
657c(a)) is amended by adding at the end the following: 
``Notwithstanding any other provision of law, the Corporation is a 
private entity and is not an agency, instrumentality, authority, entity, 
or establishment of the United States Government.''.
    Sec. 637. Of the amounts made available in this Act, $160,186,300 
from ``Department of State''; $14,449,118 from ``Department of 
Justice''; $3,095,206 from ``Department of Commerce''; $213,154 from 
``United States Trade Representative''; and $302,985 from ``Broadcasting 
Board of Governors'' shall be available for the purposes of implementing 
the Capital Security Cost Sharing program, as provided in section 629 of 
the Act.
    Sec. 638. Notwithstanding 40 U.S.C. 524, 571, and 572, the Federal 
Communications Commission may sell the monitoring facilities in 
Honolulu, Hawaii, and Livermore, California, including all real 
property: Provided, That any sale shall be made in accordance with 
section 605 of this Act.
    Sec. 639. None of the funds made available in this Act may be used 
in contravention of the provisions of subsections (e) and (f) of section 
301 of the United States Leadership Against HIV/AIDS, Tuberculosis, and 
Malaria Act of 2003 (Public Law 108-25; 22 U.S.C. 7631(e) and (f)).
    Sec. 640. (a) There is hereby rescinded an amount equal to 0.54 
percent of the budget authority provided for in fiscal year 2005 for any 
discretionary account in this Act.
    (b) <<NOTE: Applicability.>> Any rescission made by subsection (a) 
shall be applied proportionately--
            (1) to each discretionary account and each item of budget 
        authority described in subsection (a); and

[[Page 118 STAT. 2923]]

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

                         TITLE VII--RESCISSIONS

                          DEPARTMENT OF JUSTICE

                         General Administration

                          WORKING CAPITAL FUND

                              (RESCISSION)

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

                            Legal Activities

                          ASSET FORFEITURE FUND

                              (RESCISSION)

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

                       Office of Justice Programs

                           JUSTICE ASSISTANCE

                              (RESCISSION)

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

               State and Local Law Enforcement Assistance

                              (RESCISSION)

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

                  Community Oriented Policing Services

                              (RESCISSION)

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

                            Juvenile Justice

                              (RESCISSION)

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

[[Page 118 STAT. 2924]]

                         DEPARTMENT OF COMMERCE

             National Institute of Standards and Technology

                     INDUSTRIAL TECHNOLOGY SERVICES

                              (RESCISSION)

    Of the unobligated balances available under this heading for the 
Advanced Technology Program, $3,900,000 are rescinded.

                            RELATED AGENCIES

                    Federal Communications Commission

                          Salaries and expenses

                              (RESCISSION)

    Of the unobligated balances available under this heading, 
$12,000,000 are rescinded.

                  TITLE VIII--PATENT AND TRADEMARK FEES

SEC. 801. FEES FOR PATENT SERVICES. <<NOTE: 35 USC 41 note.>> 

    (a) General Patent Fees.--During fiscal years 2005 and 2006, 
subsection (a) of section 41 of title 35, United States Code, shall be 
administered as though that subsection reads as follows:
    ``(a) General Fees.--The Director shall charge the following fees:
            ``(1) Filing and basic national fees.--
                    ``(A) On filing each application for an original 
                patent, except for design, plant, or provisional 
                applications, $300.
                    ``(B) On filing each application for an original 
                design patent, $200.
                    ``(C) On filing each application for an original 
                plant patent, $200.
                    ``(D) On filing each provisional application for an 
                original patent, $200.
                    ``(E) On filing each application for the reissue of 
                a patent, $300.
                    ``(F) The basic national fee for each international 
                application filed under the treaty defined in section 
                351(a) of this title entering the national stage under 
                section 371 of this title, $300.
                    ``(G) In addition, excluding any sequence listing or 
                computer program listing filed in an electronic medium 
                as prescribed by the Director, for any application the 
                specification and drawings of which exceed 100 sheets of 
                paper (or equivalent as prescribed by the Director if 
                filed in an electronic medium), $250 for each additional 
                50 sheets of paper (or equivalent as prescribed by the 
                Director if filed in an electronic medium) or fraction 
                thereof.
            ``(2) Excess claims fees.--In addition to the fee specified 
        in paragraph (1)--
                    ``(A) on filing or on presentation at any other 
                time, $200 for each claim in independent form in excess 
                of 3;

[[Page 118 STAT. 2925]]

                    ``(B) on filing or on presentation at any other 
                time, $50 for each claim (whether dependent or 
                independent) in excess of 20; and
                    ``(C) for each application containing a multiple 
                dependent claim, $360.
        For the purpose of computing fees under this paragraph, a 
        multiple dependent claim referred to in section 112 of this 
        title or any claim depending therefrom shall be considered as 
        separate dependent claims in accordance with the number of 
        claims to which reference is made. The Director may by 
        regulation provide for a refund of any part of the fee specified 
        in this paragraph for any claim that is canceled before an 
        examination on the merits, as prescribed by the Director, has 
        been made of the application under section 131 of this title. 
        Errors in payment of the additional fees under this paragraph 
        may be rectified in accordance with regulations prescribed by 
        the Director.
            ``(3) Examination fees.--
                    ``(A) For examination of each application for an 
                original patent, except for design, plant, provisional, 
                or international applications, $200.
                    ``(B) For examination of each application for an 
                original design patent, $130.
                    ``(C) For examination of each application for an 
                original plant patent, $160.
                    ``(D) For examination of the national stage of each 
                international application, $200.
                    ``(E) For examination of each application for the 
                reissue of a patent, $600.
             <<NOTE: Applicability.>> The provisions of section 111(a) 
        of this title relating to the payment of the fee for filing the 
        application shall apply to the payment of the fee specified in 
        this paragraph with respect to an application filed under 
        section 111(a) of this title. <<NOTE: Applicability.>> The 
        provisions of section 371(d) of this title relating to the 
        payment of the national fee shall apply to the payment of the 
        fee specified in this paragraph with respect to an international 
        application.
            ``(4) Issue fees.--
                    ``(A) For issuing each original patent, except for 
                design or plant patents, $1,400.
                    ``(B) For issuing each original design patent, $800.
                    ``(C) For issuing each original plant patent, 
                $1,100.
                    ``(D) For issuing each reissue patent, $1,400.
            ``(5) Disclaimer fee.--On filing each disclaimer, $130.
            ``(6) Appeal fees.--
                    ``(A) On filing an appeal from the examiner to the 
                Board of Patent Appeals and Interferences, $500.
                    ``(B) In addition, on filing a brief in support of 
                the appeal, $500, and on requesting an oral hearing in 
                the appeal before the Board of Patent Appeals and 
                Interferences, $1,000.
            ``(7) Revival fees.--On filing each petition for the revival 
        of an unintentionally abandoned application for a patent, for 
        the unintentionally delayed payment of the fee for issuing each 
        patent, or for an unintentionally delayed response by the patent 
        owner in any reexamination proceeding, $1,500,

[[Page 118 STAT. 2926]]

        unless the petition is filed under section 133 or 151 of this 
        title, in which case the fee shall be $500.
            ``(8) Extension fees.--For petitions for 1-month extensions 
        of time to take actions required by the Director in an 
        application--
                    ``(A) on filing a first petition, $120;
                    ``(B) on filing a second petition, $330; and
                    ``(C) on filing a third or subsequent petition, 
                $570.''.

    (b) Patent Maintenance Fees.--During fiscal years 2005 and 2006, 
subsection (b) of section 41 of title 35, United States Code, shall be 
administered as though that subsection reads as follows:
    ``(b) Maintenance Fees.--The Director shall charge the following 
fees for maintaining in force all patents based on applications filed on 
or after December 12, 1980:
            ``(1) 3 years and 6 months after grant, $900.
            ``(2) 7 years and 6 months after grant, $2,300.
            ``(3) 11 years and 6 months after grant, $3,800.

Unless payment of the applicable maintenance fee is received in the 
United States Patent and Trademark Office on or before the date the fee 
is due or within a grace period of 6 months thereafter, the patent will 
expire as of the end of such grace period. The Director may require the 
payment of a surcharge as a condition of accepting within such 6-month 
grace period the payment of an applicable maintenance fee. No fee may be 
established for maintaining a design or plant patent in force.''.
    (c) Patent Search Fees.--During fiscal years 2005 and 2006, 
subsection (d) of section 41 of title 35, United States Code, shall be 
administered as though that subsection reads as follows:
    ``(d) Patent Search and Other Fees.--
            ``(1) Patent search fees.--
                    ``(A) The Director shall charge a fee for the search 
                of each application for a patent, except for provisional 
                applications. The Director shall establish the fees 
                charged under this paragraph to recover an amount not to 
                exceed the estimated average cost to the Office of 
                searching applications for patent either by acquiring a 
                search report from a qualified search authority, or by 
                causing a search by Office personnel to be made, of each 
                application for patent. For the 3-year period beginning 
                on the date of enactment of this Act, the fee for a 
                search by a qualified search authority of a patent 
                application described in clause (i), (iv), or (v) of 
                subparagraph (B) may not exceed $500, of a patent 
                application described in clause (ii) of subparagraph (B) 
                may not exceed $100, and of a patent application 
                described in clause (iii) of subparagraph (B) may not 
                exceed $300. The Director may not increase any such fee 
                by more than 20 percent in each of the next three 1-year 
                periods, and the Director may not increase any such fee 
                thereafter.
                    ``(B) For purposes of determining the fees to be 
                established under this paragraph, the cost to the Office 
                of causing a search of an application to be made by 
                Office personnel shall be deemed to be--
                          ``(i) $500 for each application for an 
                      original patent, except for design, plant, 
                      provisional, or international applications;
                          ``(ii) $100 for each application for an 
                      original design patent;

[[Page 118 STAT. 2927]]

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

[[Page 118 STAT. 2928]]

                          ``(iii) the Patent Public Advisory Committee 
                      reviews and analyzes the Director's report under 
                      clause (ii) and the results of the pilot program 
                      and submits a separate report on its analysis to 
                      the Director and the Congress that includes--
                                    ``(I) an independent evaluation of 
                                the effects that the pilot program, as 
                                compared to searches conducted by the 
                                Patent and Trademark Office, had and 
                                will have on the factors set forth in 
                                clause (ii)(IV); and
                                    ``(II) an analysis of the 
                                reasonableness, appropriateness, and 
                                effectiveness of the methods used in the 
                                pilot program to make the evaluations 
                                required under clause (ii)(IV); and
                          ``(iv) Congress does not, during the 1-year 
                      period beginning on the date on which the Patent 
                      Public Advisory Committee submits its report to 
                      the Congress under clause (iii), enact a law 
                      prohibiting searches by commercial entities of the 
                      available prior art relating to the subject matter 
                      of inventions claimed in patent applications.
                    ``(F) The Director shall require that any search by 
                a qualified search authority that is a commercial entity 
                is conducted in the United States by persons that--
                          ``(i) if individuals, are United States 
                      citizens; and
                          ``(ii) if business concerns, are organized 
                      under the laws of the United States or any State 
                      and employ United States citizens to perform the 
                      searches.
                    ``(G) A search of an application that is the subject 
                of a secrecy order under section 181 or otherwise 
                involves classified information may only be conducted by 
                Office personnel.
                    ``(H) A qualified search authority that is a 
                commercial entity may not conduct a search of a patent 
                application if the entity has any direct or indirect 
                financial interest in any patent or in any pending or 
                imminent application for patent filed or to be filed in 
                the Patent and Trademark Office.
            ``(2) Other fees.--The Director shall establish fees for all 
        other processing, services, or materials relating to patents not 
        specified in this section to recover the estimated average cost 
        to the Office of such processing, services, or materials, except 
        that the Director shall charge the following fees for the 
        following services:
                    ``(A) For recording a document affecting title, $40 
                per property.
                    ``(B) For each photocopy, $.25 per page.
                    ``(C) For each black and white copy of a patent, $3.
        The yearly fee for providing a library specified in section 12 
        of this title with uncertified printed copies of the 
        specifications and drawings for all patents in that year shall 
        be $50.''.

    (d) Adjustments.--During fiscal years 2005 and 2006, subsection (f) 
of section 41 of title 35, United States Code, shall apply to the fees 
established under this section.
    (e) Fees For Small Entities.--During fiscal years 2005 and 2006, 
subsection (h) of section 41 of title 35, United States Code, shall be 
administered as though that subsection is amended--

[[Page 118 STAT. 2929]]

            (1) in paragraph (1), by striking ``Fees charged under 
        subsection (a) or (b)'' and inserting ``Subject to paragraph 
        (3), fees charged under subsections (a), (b), and (d)(1)''; and
            (2) by adding at the end the following new paragraph:
            ``(3) The fee charged under subsection (a)(1)(A) shall be 
        reduced by 75 percent with respect to its application to any 
        entity to which paragraph (1) applies, if the application is 
        filed by electronic means as prescribed by the Director.''.

SEC. 802. ADJUSTMENT OF TRADEMARK FEES. <<NOTE: 35 USC 41 note.>> 

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

    (b) Reference to Trademark Act of 1946.--For purposes of this 
section, the ``Trademark Act of 1946'' refers to the Act entitled ``An 
Act to provide for the registration and protection of trademarks used in 
commerce, to carry out the provisions of certain international 
conventions, and for other purposes.'', approved July 5, 1946 (15 U.S.C. 
1051 et seq.).

SEC. 803. <<NOTE: 35 USC 41 note.>> EFFECTIVE DATE, APPLICABILITY, AND 
            TRANSITIONAL PROVISION.

    (a) Effective Date.--Except as otherwise provided in this title 
(including this section), the provisions of this title shall take effect 
on the date of the enactment of this Act and shall apply only with 
respect to the remaining portion of fiscal year 2005 and fiscal year 
2006.
    (b) Applicability.--
            (1)(A) Except as provided in subparagraphs (B) and (C), the 
        provisions of section 801 shall apply to all patents, whenever 
        granted, and to all patent applications pending on or filed 
        after the effective date set forth in subsection (a) of this 
        section.
            (B)(i) Except as provided in clause (ii), subsections (a)(1) 
        and (3) and (d)(1) of section 41 of title 35, United States 
        Code, as administered as provided in this title, shall apply 
        only to--
                    (I) applications for patents filed under section 111 
                of title 35, United States Code, on or after the 
                effective date set forth in subsection (a) of this 
                section, and
                    (II) international applications entering the 
                national stage under section 371 of title 35, United 
                States Code, for which the basic national fee specified 
                in section 41 of title 35, United States Code, was not 
                paid before the effective date set forth in subsection 
                (a) of this section.
            (ii) Section 41(a)(1)(D) of title 35, United States Code, as 
        administered as provided in this title, shall apply only to 
        applications for patent filed under section 111(b) of title 35, 
        United States Code, before, on, or after the effective date set 
        forth in subsection (a) of this section in which the filing fee

[[Page 118 STAT. 2930]]

        specified in section 41 of title 35, United States Code, was not 
        paid before the effective date set forth in subsection (a) of 
        this section.
            (C) Section 41(a)(2) of title 35, United States Code, as 
        administered as provided in this title, shall apply only to the 
        extent that the number of excess claims, after giving effect to 
        any cancellation of claims, is in excess of the number of claims 
        for which the excess claims fee specified in section 41 of title 
        35, United States Code, was paid before the effective date set 
        forth in subsection (a) of this section.
            (2) The provisions of section 802 shall apply to all 
        applications for the registration of a trademark filed or 
        amended on or after the effective date set forth in subsection 
        (a) of this section.

    (c) Transitional Provisions.--
            (1) Search fees.--During fiscal years 2005 and 2006, the 
        Director shall charge--
                    (A) for the search of each application for an 
                original patent, except for design, plant, provisional, 
                or international application, $500;
                    (B) for the search of each application for an 
                original design patent, $100;
                    (C) for the search of each application for an 
                original plant patent, $300;
                    (D) for the search of the national stage of each 
                international application, $500; and
                    (E) for the search of each application for the 
                reissue of a patent, $500.
            (2) Timing of fees.--The provisions of section 111(a)(3) of 
        title 35, United States Code, relating to the payment of the fee 
        for filing the application shall apply to the payment of the fee 
        specified in paragraph (1) with respect to an application filed 
        under section 111(a) of title 35, United States Code. The 
        provisions of section 371(d) of title 35, United States Code, 
        relating to the payment of the national fee shall apply to the 
        payment of the fee specified in paragraph (1) with respect to an 
        international application.

SEC. 804. DEFINITION. <<NOTE: 35 USC 41 note.>> 

    In this title, the term ``Director'' means the Under Secretary of 
Commerce for Intellectual Property and Director of the United States 
Patent and Trademark Office.

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

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

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

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

    (a) <<NOTE: President.>> Coordination.--The President, through the 
National Science and Technology Council, shall coordinate and support a 
national research program to improve understanding of the role of the 
oceans in human health.

[[Page 118 STAT. 2931]]

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

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

[[Page 118 STAT. 2932]]

                    (F) bioaccumulative and endocrine-disrupting 
                chemical contaminants; and
                    (G) predictive models based on indicators of marine 
                environmental health or public health threats.
            (2) Coordination with the National Ocean Research Leadership 
        Council (10 U.S.C. 7902(a)) to ensure that any integrated ocean 
        and coastal observing system provides information necessary to 
        monitor and reduce marine public health problems including 
        health-related data on biological populations and detection of 
        contaminants in marine waters and seafood.
            (3) Development through partnerships among Federal agencies, 
        States, academic institutions, or non-profit research 
        organizations of new technologies and approaches for detecting 
        and reducing hazards to human health from ocean sources and to 
        strengthen understanding of the value of marine biodiversity to 
        biomedicine, including--
                    (A) genomics and proteomics to develop genetic and 
                immunological detection approaches and predictive tools 
                and to discover new biomedical resources;
                    (B) biomaterials and bioengineering;
                    (C) in situ and remote sensors used to detect, 
                quantify, and predict the presence and spread of 
                contaminants in marine waters and organisms and to 
                identify new genetic resources for biomedical purposes;
                    (D) techniques for supplying marine resources, 
                including chemical synthesis, culturing and 
                aquaculturing marine organisms, new fermentation methods 
                and recombinant techniques; and
                    (E) adaptation of equipment and technologies from 
                human health fields.
            (4) Support for scholars, trainees and education 
        opportunities that encourage an interdisciplinary and 
        international approach to exploring the diversity of life in the 
        oceans.

    (d) Annual Report.--Beginning with the first year occurring more 
than 24 months after the date of enactment of this Act, the National 
Science and Technology Council, through the Director of the Office of 
Science and Technology Policy shall prepare and submit to the President 
and the Congress not later than January 31st of each year an annual 
report on the activities conducted pursuant to this title during the 
preceding fiscal year, including--
            (1) a summary of the achievements of Federal oceans and 
        human health research, including Federally supported external 
        research, during the preceding fiscal year;
            (2) an analysis of the progress made toward achieving the 
        goals and objectives of the plan developed under subsection (b), 
        including identification of trends and emerging trends;
            (3) a copy or summary of the plan and any changes made in 
        the plan;
            (4) a summary of agency budgets for oceans and human health 
        activities for that preceding fiscal year; and
            (5) any recommendations regarding additional action or 
        legislation that may be required to assist in achieving the 
        purposes of this title.

[[Page 118 STAT. 2933]]

SEC. 903. <<NOTE: 33 USC 3102.>> NATIONAL OCEANIC AND ATMOSPHERIC 
            ADMINISTRATION OCEANS AND HUMAN HEALTH INITIATIVE.

    (a) Establishment.--As part of the interagency oceans and human 
health research program, the Secretary of Commerce is authorized to 
establish an Oceans and Human Health Initiative to coordinate and 
implement research and activities of the National Oceanic and 
Atmospheric Administration related to the role of the oceans, the 
coasts, and the Great Lakes in human health. In carrying out this 
section, the Secretary shall consult with other Federal agencies 
conducting integrated oceans and human health research and research in 
related areas, including the National Science Foundation. The Oceans and 
Human Health Initiative is authorized to provide support for--
            (1) centralized program and research coordination;
            (2) an advisory panel;
            (3) one or more National Oceanic and Atmospheric 
        Administration national centers of excellence;
            (4) research grants; and
            (5) distinguished scholars and traineeships.

    (b) Advisory Panel.--The Secretary is authorized to establish an 
oceans and human health advisory panel to assist in the development and 
implementation of the Oceans and Human Health Initiative. Membership of 
the advisory group shall provide for balanced representation of 
individuals with multi-disciplinary expertise in the marine and 
biomedical sciences. The Federal Advisory Committee Act (5 U.S.C. App.) 
shall not apply to the oceans and human health advisory panel.
    (c) National Centers.--
            (1) The Secretary is authorized to identify and provide 
        financial support through a competitive process to develop, 
        within the National Oceanic and Atmospheric Administration, for 
        one or more centers of excellence that strengthen the 
        capabilities of the National Oceanic and Atmospheric 
        Administration to carry out its programs and activities related 
        to the oceans' role in human health.
            (2) The centers shall focus on areas related to agency 
        missions, including use of marine organisms as indicators for 
        marine environmental health, ocean pollutants, marine toxins and 
        pathogens, harmful algal blooms, hypoxia, seafood testing, 
        identification of potential marine products, and biology and 
        pathobiology of marine mammals, and on disciplines including 
        marine genomics, marine environmental microbiology, ecological 
        chemistry and conservation medicine.
            (3) In selecting centers for funding, the Secretary will 
        give priority to proposals with strong interdisciplinary 
        scientific merit that encourage educational opportunities and 
        provide for effective partnerships among the Administration, 
        other Federal entities, State, academic, non-profit research 
        organizations, medical, and industry participants.

    (d) Extramural Research Grants.--
            (1) The Secretary is authorized to provide grants of 
        financial assistance to the scientific community for critical 
        research and projects that explore the relationship between the 
        oceans and human health and that complement or strengthen 
        programs and activities of the National Oceanic and Atmospheric 
        Administration related to the ocean's role in human health. 
        Officers and employees of Federal agencies may collaborate

[[Page 118 STAT. 2934]]

        with, and participate in, such research and projects to the 
        extent requested by the grant recipient. The Secretary shall 
        consult with the oceans and human health advisory panel 
        established under subsection (b) and may work cooperatively with 
        other agencies participating in the interagency program to 
        establish joint criteria for such research and projects.
            (2) Grants under this subsection shall be awarded through a 
        competitive peer-reviewed, merit-based process that may be 
        conducted jointly with other agencies participating in the 
        interagency program.

    (e) Traineeships.--The Secretary of Commerce is authorized to 
establish a program to provide traineeships, training, and experience to 
pre-doctoral and post-doctoral students and to scientists at the 
beginning of their careers who are interested in the oceans in human 
health research conducted under the NOAA initiative.

SEC. 904. PUBLIC INFORMATION AND OUTREACH. <<NOTE: 33 USC 3103.>> 

    (a) In General.--The Secretary of Commerce, in consultation with 
other Federal agencies, and in cooperation with the National Sea Grant 
program, shall design and implement a program to disseminate information 
developed under the NOAA Oceans and Human Health Initiative, including 
research, assessments, and findings regarding the relationship between 
oceans and human health, on both a regional and national scale. The 
information, particularly with respect to potential health risks, shall 
be made available in a timely manner to appropriate Federal or State 
agencies, involved industries, and other interested persons through a 
variety of means, including through the Internet.
    (b) Report.--As part of this program, the Secretary shall submit to 
Congress an annual report reviewing the results of the research, 
assessments, and findings developed under the NOAA Oceans and Human 
Health Initiative, as well as recommendations for improving or expanding 
the program.

SEC. 905. AUTHORIZATION OF APPROPRIATIONS. <<NOTE: 33 USC 3104.>> 

    There are authorized to be appropriated to the Secretary of Commerce 
to carry out the National Oceanic and Atmospheric Administration Oceans 
and Human Health Initiative, $60,000,000 for fiscal years 2005 through 
2008. Not less than 50 percent of the amounts appropriated to carry out 
the initiative shall be utilized in each fiscal year to support the 
extramural grant and traineeship programs of the Initiative.
    This division may be cited as the ``Departments of Commerce, 
Justice, and State, the Judiciary, and Related Agencies Appropriations 
Act, 2005''.

[[Page 118 STAT. 2935]]

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

                                 TITLE I

                      DEPARTMENT OF DEFENSE--CIVIL

                         DEPARTMENT OF THE ARMY

                        Corps of Engineers--Civil

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

                         General Investigations

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

                          Construction, General

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

[[Page 118 STAT. 2936]]

and for the benefit of federally listed species to address the effects 
of civil works projects owned or operated by the United States Army 
Corps of Engineers, $1,796,089,000, to remain available until expended, 
of which such sums as are necessary to cover the Federal share of 
construction costs for facilities under the Dredged Material Disposal 
Facilities program shall be derived from the Harbor Maintenance Trust 
Fund as authorized by Public Law 104-303; and of which such sums as are 
necessary pursuant to Public Law 99-662 shall be derived from the Inland 
Waterways Trust Fund, to cover one-half of the costs of construction and 
rehabilitation of inland waterways projects, (including the 
rehabilitation costs for Lock and Dam 11, Mississippi River, Iowa; Lock 
and Dam 19, Mississippi River, Iowa; Lock and Dam 24, Mississippi River, 
Illinois and Missouri; and Lock and Dam 3, Mississippi River, Minnesota) 
shall be derived from the Inland Waterways Trust Fund: Provided, That 
using $12,500,000 of the funds appropriated herein, the Secretary of the 
Army, acting through the Chief of Engineers, is directed to continue 
construction of the Dallas Floodway Extension, Texas, project, including 
the Cadillac Heights feature, generally in accordance with the Chief of 
Engineers report dated December 7, 1999: Provided further, That the 
Secretary of the Army is directed to accept advance funds, pursuant to 
section 11 of the River and Harbor Act of 1925, from the non-Federal 
sponsor of the Los Angeles Harbor, California, project authorized by 
section 101(b)(5) of Public Law 106-541: Provided further, That the 
Secretary of the Army is directed to accept advance funds, or any 
portion thereof, pursuant to section 11 of the River and Harbor Act of 
1925, from the non-Federal sponsor of the Oakland Harbor, California, 
project authorized by section 101(a)(7) of Public Law 106-53: Provided 
further, That the Secretary of the Army, acting through the Chief of 
Engineers, is directed to use $500,000 of the funds provided herein to 
continue construction of the Hawaii Water Management Project: Provided 
further, That the Secretary of the Army, acting through the Chief of 
Engineers, is directed to use $3,000,000 of the funds appropriated 
herein to continue construction of the navigation project at Kaumalapau 
Harbor, Hawaii: Provided further, That the Secretary of the Army, acting 
through the Chief of Engineers, is directed to use $3,000,000 of the 
funds provided herein for the Dam Safety and Seepage/Stability 
Correction Program to complete construction of seepage control features 
and repairs to the tainter gates at Waterbury Dam, Vermont: Provided 
further, That the Secretary of the Army, acting through the Chief of 
Engineers, is directed to use $9,000,000 of the funds appropriated 
herein to proceed with planning, engineering, design or construction of 
the Grundy, Buchanan County, and Dickenson County, Virginia, elements of 
the Levisa and Tug Forks of the Big Sandy River and Upper Cumberland 
River Project: Provided further, That the Secretary of the Army, acting 
through the Chief of Engineers, is directed to use $15,000,000 of the 
funds appropriated herein to continue with the planning, engineering, 
design or construction of the Lower Mingo County, Upper Mingo County, 
Wayne County, McDowell County, West Virginia, elements of the Levisa and 
Tug Forks of the Big Sandy River and Upper Cumberland River Project: 
Provided further, That the Secretary of the Army, acting through the 
Chief of Engineers, is directed to continue the Dickenson County 
Detailed Project Report as generally defined in Plan 4 of the Huntington 
District

[[Page 118 STAT. 2937]]

Engineer's Draft Supplement to the section 202 General Plan for Flood 
Damage Reduction dated April 1997, including all Russell Fork tributary 
streams within the County and special considerations as may be 
appropriate to address the unique relocations and resettlement needs for 
the flood prone communities within the County: Provided further, That 
the Secretary of the Army, acting through the Chief of Engineers, is 
directed to use $8,750,000 of the funds appropriated herein for the 
Clover Fork, City of Cumberland, Town of Martin, Pike County (including 
Levisa Fork and Tug Fork Tributaries), Bell County, Harlan County in 
accordance with the Draft Detailed Project Report dated January 2002, 
Floyd County, Martin County, Johnson County, and Knox County, Kentucky, 
detailed project report, elements of the Levisa and Tug Forks of the Big 
Sandy River and Upper Cumberland River: Provided further, That the 
Secretary of the Army, acting through the Chief of Engineers, is 
directed to continue with the construction of the Seward Harbor, Alaska, 
project, in accordance with the Report of the Chief of Engineers, dated 
June 8, 1999, and the economic justification contained therein: Provided 
further, That the Secretary of the Army, acting through the Chief of 
Engineers, is directed to continue with the construction of the False 
Pass, Alaska, project, in accordance with the Report of the Chief of 
Engineers, dated December 29, 2000: Provided further, That the Secretary 
of the Army, acting through the Chief of Engineers, is directed to 
proceed with construction of the Sand Point Harbor, Alaska project, in 
accordance with the Report of the Chief of Engineers, dated October 13, 
1998, and the economic justification contained therein: Provided 
further, That the Secretary of the Army, acting through the Chief of 
Engineers, is directed to design and construct modifications to the 
Federal navigation project at Thomsen Harbor, Sitka, Alaska, authorized 
by section 101 of the Water Resources Development Act of 1992: Provided 
further, That the Secretary of the Army, acting through the Chief of 
Engineers, shall correct the design deficiency at Thomsen Harbor, Sitka, 
Alaska, by adding to, or extending, the existing breakwaters to reduce 
wave and swell motion within the harbor at an additional cost of 
$1,000,000 at full Federal expense: Provided further, That the Secretary 
of the Army, acting through the Chief of Engineers, is directed and 
authorized to continue the work to replace and upgrade the dam and all 
connections to the existing system at Kake, Alaska: Provided further, 
That the Secretary of the Army, acting through the Chief of Engineers, 
is directed to continue with the construction of the Wrangell Harbor, 
Alaska, project in accordance with the Chief of Engineer's report dated 
December 23, 1999: Provided further, That the Secretary of the Army, 
acting through the Chief of Engineers, is directed to proceed with the 
construction of the New York and New Jersey Harbor project, 50-foot 
deepening element, upon execution of the Project Cooperation Agreement: 
Provided further, That no funds made available under this Act or any 
other Act for any fiscal year may be used by the Secretary of the Army 
to carry out the construction of the Port Jersey element of the New York 
and New Jersey Harbor or reimbursement to the Local Sponsor for the 
construction of the Port Jersey element until commitments for 
construction of container handling facilities are obtained from the non-
Federal sponsor for a second user along the Port Jersey element: 
Provided further, That the Secretary of the Army, acting through the 
Chief of Engineers, is directed to

[[Page 118 STAT. 2938]]

use funds appropriated for the navigation project, Tampa Harbor, 
Florida, to carry out, as part of the project, construction of passing 
lanes in an area approximately 3.5 miles long, centered on Tampa Bay Cut 
B, if the Secretary determines that such construction is technically 
sound, environmentally acceptable, and cost effective: Provided further, 
That using $750,000 of the funds appropriated herein, the Secretary of 
the Army, acting through the Chief of Engineers, is authorized and 
directed to plan, design, and initiate reconstruction of the Cape 
Girardeau, Missouri, project, originally authorized by the Flood Control 
Act of 1950, at an estimated total cost of $9,000,000, with cost sharing 
on the same basis as cost sharing for the project as originally 
authorized, if the Secretary determines that the reconstruction is 
technically sound and environmentally acceptable: Provided further, That 
the planned reconstruction shall be based on the most cost-effective 
engineering solution and shall require no further economic 
justification: Provided further, That the Secretary of the Army, acting 
through the Chief of Engineers, is directed to proceed without further 
delay with work on the permanent bridge to replace Folsom Bridge Dam 
Road, Folsom, California, as authorized by the Energy and Water 
Development Appropriations Act, 2004 (Public Law 108-137), and, of the 
$8,000,000 available for the American River Watershed (Folsom Dam Mini-
Raise), California, project, up to $5,000,000 of those funds be directed 
for the permanent bridge, with all remaining devoted to the Mini-Raise: 
Provided further, That the Secretary of the Army is directed to use 
$1,365,000 of the funds appropriated herein to construct a project for 
flood control, Cass River, Spaulding Township, Michigan, pursuant to 
section 205 of the Flood Control Act of 1948 (33 U.S.C. 701s), 
notwithstanding that the benefits of the project may not exceed the 
estimated costs of the project: Provided further, That the non-Federal 
interest for the project shall receive credit towards its share of 
project costs in the amount of $345,000 for work carried out by the non-
Federal interest on the project prior to entering into a project 
cooperation agreement: Provided further, That the Secretary of the Army, 
acting through the Chief of Engineers, is directed to undertake and fund 
a demonstration project utilizing the Bidlocker system of escrowing 
contract bid documents: Provided further, That the system should provide 
a method of securing bidder documents prior to the award of the 
contracts, thus allowing the contractor to provide those documents to 
the Government in the case of disputes: Provided further, That the 
demonstration project should include use of the system on at least three 
contracts: Provided further, <<NOTE: Reports. Deadline.>> That a report 
on the results of the demonstration project shall be provided within 1 
year of the date of enactment of this Act.

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

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

[[Page 118 STAT. 2939]]

Basin, Yazoo Backwater Pumping Plant, Mississippi: Provided further, 
That the pump supply contract shall be performed by awarding continuing 
contracts in accordance with 33 U.S.C. 621: Provided further, That the 
Secretary of the Army, acting through the Chief of Engineers is 
directed, with $500,000 appropriated herein, to continue construction of 
water withdrawal features of the Grand Prairie, Arkansas, project.

                        Operation and Maintenance

    For expenses necessary for the operation, maintenance, and care of 
existing river and harbor, flood and storm damage reduction, aquatic 
ecosystem restoration, and related projects authorized by law; for the 
benefit of federally listed species to address the effects of civil 
works projects owned or operated by the United States Army Corps of 
Engineers; for providing security for infrastructure owned and operated 
by, or on behalf of, the United States Army Corps of Engineers, 
including administrative buildings and facilities, laboratories, and the 
Washington Aqueduct; for the maintenance of harbor channels provided by 
a State, municipality, or other public agency that serve essential 
navigation needs of general commerce, where authorized by law; and for 
surveys and charting of northern and northwestern lakes and connecting 
waters, clearing and straightening channels, and removal of obstructions 
to navigation, $1,959,101,000, to remain available until expended, of 
which such sums as are necessary to cover the Federal share of operation 
and maintenance costs for coastal harbors and channels shall be derived 
from the Harbor Maintenance Trust Fund, pursuant to Public Law 99-662 
may be derived from that fund; of which such sums as become available 
from the special account for the United States Army Corps of Engineers 
established by the Land and Water Conservation Act of 1965, as amended 
(16 U.S.C. 460l-6a(i)), may be derived from that account for resource 
protection, research, interpretation, and maintenance activities related 
to resource protection in the areas at which outdoor recreation is 
available; and of which such sums as become available under section 217 
of the Water Resources Development Act of 1996, Public Law 104-303, 
shall be used to cover the cost of operation and maintenance of the 
dredged material disposal facilities for which fees have been collected: 
Provided, That utilizing funds appropriated herein, for the Intracoastal 
Waterway, Delaware River to Chesapeake Bay, Delaware and Maryland, the 
Secretary of the Army, acting through the Chief of Engineers, is 
directed to reimburse the State of Delaware for normal operation and 
maintenance costs incurred by the State of Delaware for the SR1 Bridge 
from station 58+00 to station 293+00 between October 1, 2003, and 
September 30, 2004: Provided further, That the Secretary of the Army, 
acting through the Chief of Engineers, is directed to use funds 
appropriated herein to rehabilitate the existing dredged material 
disposal site for the project for navigation, Bodega Bay Harbor, 
California, and to continue maintenance dredging of the Federal channel: 
Provided further, That the Secretary shall make suitable material 
excavated from the Bodega Bay Harbor, California, disposal site as part 
of the rehabilitation effort available to the non-Federal sponsor, at no 
cost to the Federal Government, for use by the non-Federal sponsor in 
the development of public facilities: Provided further, That the 
Secretary of the Army, acting through the Chief of Engineers, is 
authorized to undertake, at full Federal expense, a detailed

[[Page 118 STAT. 2940]]

evaluation of the Albuquerque levees for purposes of determining 
structural integrity, impacts of vegetative growth, and performance 
under current hydrological conditions: Provided further, That using 
$175,000 provided herein, the Secretary of the Army, acting through the 
Chief of Engineers is authorized to remove the sunken vessel State of 
Pennsylvania from the Christina River in Delaware: Provided further, 
That the Corps of Engineers shall not allocate any funds to deposit 
dredged material along the Laguna Madre portion of the Gulf Intracoastal 
Waterway except at the placement areas specified in the Dredged Material 
Management Plan in section 2.11 of the Final Environmental Impact 
Statement for Maintenance Dredging of the Gulf Intracoastal Waterway, 
Laguna Madre, Texas, Nueces, Kleberg, Kenedy, Willacy, and Cameron 
Counties, Texas, prepared by the Corps of Engineers dated September 
2003: Provided further, That nothing in the above proviso shall prevent 
the Corps of Engineers from performing necessary maintenance operations 
along the Gulf Intracoastal Waterway if the following conditions are 
met: if the Corps proposes to use any placement areas that are not 
currently specified in the Dredged Material Management Plan and failure 
to use such alternative placement areas will result in the closure of 
any segment of the Gulf Intracoastal Waterway, then such proposal shall 
be analyzed in an Environmental Impact Statement (EIS) and comply with 
all other applicable requirements of the National Environmental Policy 
Act, 42 U.S.C. 4321 et seq., and all other applicable State and Federal 
laws, including the Clean Water Act, 33 U.S.C. 1251 et seq., the 
Endangered Species Act, 16 U.S.C. 1531 et seq., and the Coastal Zone 
Management Act, 16 U.S.C. 1451 et seq.: Provided further, That, of the 
funds made available, $7,000,000 is to be used to perform work 
authorized in section 136 of Public Law 108-357.

                           Regulatory Program

    For expenses necessary for administration of laws pertaining to 
regulation of navigable waters and wetlands, $145,000,000, to remain 
available until expended.

             Formerly Utilized Sites Remedial Action Program

    For expenses necessary to clean up contamination from sites in the 
United States resulting from work performed as part of the Nation's 
early atomic energy program, $165,000,000, to remain available until 
expended.

                            General Expenses

    For expenses necessary for general administration and related civil 
works functions in the headquarters of the United States Army Corps of 
Engineers, the offices of the Division Engineers, the Humphreys Engineer 
Center Support Activity, the Institute for Water Resources, the United 
States Army Engineer Research and Development Center, and the United 
States Army Corps of Engineers Finance Center, $167,000,000, to remain 
available until expended: Provided, That no part of any other 
appropriation provided in title I of this Act shall be available to fund 
the civil works activities of the Office of the Chief of Engineers or 
the civil works executive direction and management activities of the 
division offices: Provided further, That none of these funds shall

[[Page 118 STAT. 2941]]

be available to support an office of congressional affairs within the 
executive office of the Chief of Engineers.

         Office of Assistant Secretary of the Army (Civil Works)

    For expenses necessary for the Office of Assistant Secretary of the 
Army (Civil Works), as authorized by 10 U.S.C. 3016(b)(3), $4,000,000.

                        Administrative Provision

    Appropriations in this title shall be available for official 
reception and representation expenses (not to exceed $5,000); and during 
the current fiscal year the Revolving Fund, Corps of Engineers, shall be 
available for purchase (not to exceed 100 for replacement only) and hire 
of passenger motor vehicles.

                           GENERAL PROVISIONS

                        Corps of Engineers--Civil

    Sec. 101. <<NOTE: Applicability. 33 USC 2221.>> Beginning in fiscal 
year 2005 and thereafter, agreements proposed for execution by the 
Assistant Secretary of the Army for Civil Works or the United States 
Army Corps of Engineers after the date of the enactment of this Act 
pursuant to section 4 of the Rivers and Harbor Act of 1915, Public Law 
64-291; section 11 of the River and Harbor Act of 1925, Public Law 68-
585; the Civil Functions Appropriations Act, 1936, Public Law 75-208; 
section 215 of the Flood Control, Act of 1968, as amended, Public Law 
90-483; sections 104, 203, and 204 of the Water Resources Development 
Act of 1986, as amended, Public Law 99-662; section 206 of the Water 
Resources Development Act of 1992, as amended, Public Law 102-580; 
section 211 of the Water Resources Development Act of 1996, Public Law 
104-303; and any other specific project authority, shall be limited to 
credits and reimbursements per project not to exceed $10,000,000 in each 
fiscal year, and total credits and reimbursements for all applicable 
projects not to exceed $50,000,000 in each fiscal year, except that for 
environmental infrastructure projects, the $10,000,000 limitation shall 
apply to each State wherein such projects are undertaken.

    Sec. 102. None of the funds appropriated in this or any other Act 
may be used by the United States Army Corps of Engineers to support 
activities related to the proposed Ridge Landfill in Tuscarawas County, 
Ohio.
    Sec. 103. None of the funds appropriated in this or any other Act 
shall be used to demonstrate or implement any plans divesting or 
transferring any Civil Works missions, functions, or responsibilities of 
the United States Army Corps of Engineers to other government agencies 
without specific direction in a subsequent Act of Congress.
    Sec. 104. Alamogordo, New Mexico. The project for flood protection 
at Alamogordo, New Mexico, authorized by the Flood Control Act of 1962 
(Public Law 87-874), is modified to authorize and direct the Secretary 
to construct a flood detention basin to protect the north side of the 
City of Alamogordo, New Mexico, from flooding. The flood detention basin 
shall be constructed to provide protection from a 100-year flood event. 
The project cost share for the flood detention basin shall be consistent 
with section

[[Page 118 STAT. 2942]]

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

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

[[Page 118 STAT. 2943]]

                    (A) Plan.--Development by the Secretary, in 
                consultation with appropriate Federal and State and 
                Regional officials, of appropriate environmental 
                documentation, engineering plans and specifications.
                    (B) Legal and institutional structures.--
                Establishment of such legal and institutional structures 
                as are necessary to ensure the effective long-term 
                operation of the project by the non-Federal interest.
            (3) Cost sharing.--
                    (A) In general.--The Federal share of project costs 
                under each local cooperation agreement entered into 
                under this subsection shall be 75 percent. The Federal 
                share may be in the form of grants or reimbursements of 
                project costs.
                    (B) Credit for design work.--The non-Federal 
                interest shall receive credit for the reasonable costs 
                of planning and design work completed by the non-Federal 
                interest before entering into a local cooperation 
                agreement with the Secretary for a project.
                    (C) Land, easements, rights-of-way, and 
                relocations.--The non-Federal interest shall receive 
                credit for land, easements, rights-of-way, and 
                relocations provided by the non-Federal interest toward 
                the non-Federal share of project costs (including all 
                reasonable costs associated with obtaining permits 
                necessary for the construction, operation, and 
                maintenance of the project on publicly owned or 
                controlled land), but not to exceed 25 percent of total 
                project costs.
                    (D) Operation and maintenance.--The non-Federal 
                share of operation and maintenance costs for projects 
                constructed with assistance provided under this section 
                shall be 100 percent.

    (f) Applicability of Other Federal and State Laws.--Nothing in this 
section waives, limits, or otherwise affects the applicability of any 
provision of Federal or State law that would otherwise apply to a 
project to be carried out with assistance provided under this section.
    (g) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section for the period beginning with 
fiscal year 2005, $25,000,000, to remain available until expended.
    Sec. 109. Watershed Management and Development. Section 503 of the 
Water Resources Development Act of 1996 (110 Stat. 3756) is amended in 
subsection (c) by inserting the following: ``The non-Federal share of 
the cost to provide assistance for the Lake Tahoe watershed, California 
and Nevada, and Walker River Basin, Nevada may be provided as work-in-
kind.''.
    Sec. 110. <<NOTE: Contracts. California.>> The Assistant Secretary 
of the Army for Civil Works shall enter into an agreement with the 
Orange County Water District, Orange County, California for purposes of 
water conservation storage and operations to provide at a minimum a 
conservation level up to elevation 498 feet mean sea level during the 
flood season, and up to elevation 505 feet mean sea level during the 
non-flood season at Prado Dam, California. The Orange County Water 
District shall pay to the Government only the separable costs associated 
with implementation and operation and maintenance of Prado Dam for water 
conservation.

[[Page 118 STAT. 2944]]

    Sec. 111. Black Warrior-Tombigbee Rivers, Alabama. (a) In General.--
The Secretary is authorized to construct a new project management office 
located in the city of Tuscaloosa, Alabama, at a location within the 
vicinity of the city, at full Federal expense.
    (b) Transfer of Land and Structures.--The Secretary is authorized to 
convey, or otherwise transfer to the City of Tuscaloosa, Alabama, at 
fair market value, the land and structures associated with the existing 
project management office, if the city agrees to assume full 
responsibility for demolition of the existing project management office.
    (c) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out subsection (a) $32,000,000.
    Sec. 112. <<NOTE: Deadline. Reports.>> Within 75 days of the date of 
the Chief of Engineers Report on a water resource matter, the Assistant 
Secretary of the Army (Civil Works) shall submit the report to the 
appropriate authorizing and appropriating committees of the Congress.

    Sec. 113. <<NOTE: Deadline. Reports.>> Within 90 days of the date of 
enactment of this Act, the Assistant Secretary of the Army (Civil Works) 
shall transmit to Congress his report on any water resources matter on 
which the Chief of Engineers has reported.

    Sec. 114. Coastal Wetland Conservation Project Funding. (a) 
Funding.--Section 306 of the Coastal Wetlands Planning, Protection, and 
Restoration Act (16 U.S.C. 3955) is amended--
            (1) in subsection (a), by striking ``, not to exceed 
        $70,000,000,'';
            (2) in subsection (b), by striking ``, not to exceed 
        $15,000,000''; and
            (3) in subsection (c), by striking ``, not to exceed 
        $15,000,000,''.

    (b) Period of Authorization.--Section 4(a) of the Dingell-Johnson 
Sport Fish Restoration Act (16 U.S.C. 777c(a)) is amended in the second 
sentence by striking ``2009'' and inserting ``2019''.
    Sec. 115. The Secretary of the Army, acting through the Chief of 
Engineers, is directed to design and construct a marina and associated 
facilities project capable of remaining in operation through extended 
drought conditions at Federal expense at Lake Sakakawea, North Dakota.
    Sec. 116. Central City, Fort Worth, Texas. The project for flood 
control and other purposes on the Trinity River and Tributaries, Texas, 
authorized by the River and Harbor Act of 1965 (Public Law 89-298), as 
modified, is further modified to authorize the Secretary to undertake 
the Central City River Project, as generally described in the Trinity 
River Vision Master Plan, dated April 2003, as amended, at a total cost 
not to exceed $220,000,000, at a Federal cost of $110,000,000, and a 
non-Federal cost of $110,000,000, if the Secretary determines the work 
is technically sound and environmentally acceptable. The cost of work 
undertaken by the non-Federal interests before the date of execution of 
a project cooperation agreement shall be credited against the non-
Federal share of project costs if the Secretary determines that the work 
is integral to the project.
    Sec. 117. Notwithstanding any other provision of law, the Secretary 
of the Army is authorized to carry out, at full Federal expense, 
structural and non-structural projects for storm damage

[[Page 118 STAT. 2945]]

prevention and reduction, coastal erosion, and ice and glacial damage in 
Alaska, including relocation of affected communities and construction of 
replacement facilities.
    Sec. 118. Cook Inlet, Alaska. (a) Anchorage Harbor.--
            (1) Harbor depth.--The project for navigation improvements, 
        Cook Inlet, Alaska (Anchorage Harbor, Alaska), authorized by 
        section 101 of the River and Harbor Act of 1958 (72 Stat. 299) 
        and modified by section 199 of the Water Resources Development 
        Act of 1976 (90 Stat. 2944), is further modified to direct the 
        Secretary of the Army to construct a harbor depth of minus 45 
        feet mean lower low water for a length of 10,860 feet at the 
        modified Port of Anchorage intermodal marine facility at each 
        phase of facility modification as such phases are completed and 
        thereafter as the entire project is completed.
            (2) Cost-sharing.--If the Secretary determines that the 
        modified Port of Anchorage will be used by vessels operated by 
        the Department of Defense that have a draft of greater than 35 
        feet, the modification referred to in paragraph (1) shall be at 
        full Federal expense.
            (3) Transitional dredging.--Before completion of the project 
        modification described in paragraph (1), the Secretary may 
        conduct dredging to a depth of at least minus 35 feet mean lower 
        low water in such locations as will allow maintenance of 
        navigation and vessel access to the Port of Anchorage intermodal 
        marine facility during modification of such facility. Such work 
        shall be carried out by the Secretary in accordance with section 
        101 of the River and Harbor Act of 1958.
            (4) Facilitating facility modification.--Before establishing 
        the harbor depth of minus 45 feet mean lower low water, the 
        Secretary may undertake dredging in accordance with section 101 
        of the River and Harbor Act of 1958 within the design footprint 
        of the modified intermodal marine facility referred to in 
        paragraph (1) to facilitate modification. The Secretary may 
        carry out such dredging as part of operation and maintenance of 
        the project modified by paragraph (1).
            (5) Maintenance.--Federal maintenance shall continue for the 
        existing project until the modified intermodal marine facility 
        is completed. Federal maintenance of the modified project shall 
        be in accordance with section 101 of the River and Harbor Act of 
        1958; except that the project shall be maintained at a depth of 
        minus 45 feet mean lower low water for 10,860 feet referred to 
        in paragraph (1).

    (b) Navigation Channel.--The Secretary shall modify the channel in 
the exiting Cook Inlet Navigation Channel approach to Anchorage Harbor, 
Alaska, to run the entire length of Fire Island Range and Point Woronzof 
Range and shall modify the depth of that channel to minus 45 feet mean 
lower low water. The channel shall be maintained at a depth of minus 45 
feet mean lower low water.
    (c) Hydrodynamic Modeling.--The Secretary shall carry out 
hydrodynamic modeling of the Knik Arm to identify causes of, and 
measures to address, shoaling at the Port of Anchorage, at a total cost 
of $3,000,000.
    (d) Alternatives Analysis.--No alternative other than the 
alternative authorized in this section shall be considered in any

[[Page 118 STAT. 2946]]

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

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

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

                                TITLE II

                       DEPARTMENT OF THE INTERIOR

                          Central Utah Project

                 Central Utah Project Completion Account

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

[[Page 118 STAT. 2947]]

Reclamation Mitigation and Conservation Account for use by the Utah 
Reclamation Mitigation and Conservation Commission.
    In addition, for necessary expenses incurred in carrying out related 
responsibilities of the Secretary of the Interior, $1,734,000, to remain 
available until expended.

                          Bureau of Reclamation

    The following appropriations shall be expended to execute authorized 
functions of the Bureau of Reclamation:

                       Water and Related Resources

                      (INCLUDING TRANSFER OF FUNDS)

    For management, development, and restoration of water and related 
natural resources and for related activities, including the operation, 
maintenance, and rehabilitation of reclamation and other facilities, 
participation in fulfilling related Federal responsibilities to Native 
Americans, and related grants to, and cooperative and other agreements 
with, State and local governments, Indian tribes, and others, 
$859,481,000, to remain available until expended, of which $53,299,000 
shall be available for transfer to the Upper Colorado River Basin Fund 
and $33,794,000 shall be available for transfer to the Lower Colorado 
River Basin Development Fund; of which such amounts as may be necessary 
may be advanced to the Colorado River Dam Fund; of which not more than 
$500,000 is for high priority projects which shall be carried out by the 
Youth Conservation Corps, as authorized by 16 U.S.C. 1706: Provided 
further, That such transfers may be increased or decreased within the 
overall appropriation under this heading: Provided further, That of the 
total appropriated, the amount for program activities can be financed by 
the Reclamation Fund or the Bureau of Reclamation special fee account 
established by 16 U.S.C. 460l-6a(i) shall be derived from that Fund or 
account: Provided further, That funds contributed under 43 U.S.C. 395 
are available until expended for the purposes for which contributed: 
Provided further, That $250,000 is provided under the Weber Basin 
project for the Park City, Utah feasibility study: Provided further, 
That funds advanced under 43 U.S.C. 397a shall be credited to this 
account and are available until expended for the same purposes as the 
sums appropriated under this heading: Provided further, That funds 
available for expenditure for the Departmental Irrigation Drainage 
Program may be expended by the Bureau of Reclamation for site 
remediation on a non-reimbursable basis.

                 Central Valley Project Restoration Fund

    For carrying out the programs, projects, plans, and habitat 
restoration, improvement, and acquisition provisions of the Central 
Valley Project Improvement Act, $54,695,000, to be derived from such 
sums as may be collected in the Central Valley Project Restoration Fund 
pursuant to sections 3407(d), 3404(c)(3), 3405(f), and 3406(c)(1) of 
Public Law 102-575, to remain available until expended: Provided, That 
the Bureau of Reclamation is directed to assess and collect the full 
amount of the additional mitigation and restoration payments authorized 
by section 3407(d) of Public

[[Page 118 STAT. 2948]]

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

                        Policy and Administration

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

                        ADMINISTRATIVE PROVISIONS

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

             General Provisions, Department of the Interior

    Sec. 201. (a) None of the funds appropriated or otherwise made 
available by this Act may be used to determine the final point of 
discharge for the interceptor drain for the San Luis Unit until 
development by the Secretary of the Interior and the State of California 
of a plan, which shall conform to the water quality standards of the 
State of California as approved by the Administrator of the 
Environmental Protection Agency, to minimize any detrimental effect of 
the San Luis drainage waters.
    (b) The costs of the Kesterson Reservoir Cleanup Program and the 
costs of the San Joaquin Valley Drainage Program shall be classified by 
the Secretary of the Interior as reimbursable or nonreimbursable and 
collected until fully repaid pursuant to the ``Cleanup Program-
Alternative Repayment Plan'' and the ``SJVDP-Alternative Repayment 
Plan'' described in the report entitled ``Repayment Report, Kesterson 
Reservoir Cleanup Program and San Joaquin Valley Drainage Program, 
February 1995'', prepared by the Department of the Interior, Bureau of 
Reclamation. Any future obligations of funds by the United States 
relating to, or providing for, drainage service or drainage studies for 
the San Luis Unit shall be fully reimbursable by San Luis Unit 
beneficiaries of such service or studies pursuant to Federal reclamation 
law.
    Sec. 202. <<NOTE: New Mexico.>> None of the funds appropriated or 
otherwise made available by this or any other Act may be used to pay the 
salaries and expenses of personnel to purchase or lease water in the 
Middle Rio Grande or the Carlsbad Projects in New Mexico unless said 
purchase or lease is in compliance with the purchase requirements of 
section 202 of Public Law 106-60.

    Sec. 203. <<NOTE: 43 USC 1543 note.>> Lower Colorado River Basin 
Development. (a) In General.--Notwithstanding section 403(f) of the 
Colorado River Basin Project Act (43 U.S.C. 1543(f)), no amount from the 
Lower Colorado River Basin Development Fund shall be paid to the general 
fund of the Treasury until each provision of the revised Stipulation 
Regarding a Stay and for Ultimate Judgment Upon the Satisfaction of 
Conditions, filed in United States District Court on April 24,

[[Page 118 STAT. 2949]]

2003, in Central Arizona Water Conservation District v. United States 
(No. CIV 95-625-TUC-WDB (EHC), No. CIV 95-1720-OHX-EHC (Consolidated 
Action)), and any amendment or revision thereof, is met.

    (b) <<NOTE: Deadline.>> Payment to General Fund.--If any of the 
provisions of the stipulation referred to in subsection (a) are not met 
by the date that is 10 years after the date of enactment of this Act, 
payments to the general fund of the Treasury shall resume in accordance 
with section 403(f) of the Colorado River Basin Project Act (43 U.S.C. 
1543(f)).

    (c) Authorization.--Amounts in the Lower Colorado River Basin 
Development Fund that but for this section would be returned to the 
general fund of the Treasury shall not be expended until further Act of 
Congress.
    Sec. 204. Funds under this title for Drought Emergency Assistance 
shall be made available primarily for leasing of water for specified 
drought related purposes from willing lessors, in compliance with 
existing State laws and administered under State water priority 
allocation. Such leases may be entered into with an option to purchase: 
Provided, That such purchase is approved by the State in which the 
purchase takes place and the purchase does not cause economic harm 
within the State in which the purchase is made.
    Sec. 205. (a) Notwithstanding any other provision of law and 
hereafter, the Secretary of the Interior, acting through the 
Commissioner of the Bureau of Reclamation, may not obligate funds, and 
may not use discretion, if any, to restrict, reduce or reallocate any 
water stored in Heron Reservoir or delivered pursuant to San Juan-Chama 
Project contracts, including execution of said contracts facilitated by 
the Middle Rio Grande Project, to meet the requirements of the 
Endangered Species Act, unless such water is acquired or otherwise made 
available from a willing seller or lessor and the use is in compliance 
with the laws of the State of New Mexico, including but not limited to, 
permitting requirements.
    (b) Complying with the reasonable and prudent alternatives and the 
incidental take limits defined in the Biological Opinion released by the 
United States Fish and Wildlife Service dated March 17, 2003 combined 
with efforts carried out pursuant to Public Law 106-377, Public Law 107-
66, and Public Law 108-7 fully meet all requirements of the Endangered 
Species Act (16 U.S.C. 1531 et seq.) for the conservation of the Rio 
Grande Silvery Minnow (Hybognathus amarus) and the Southwestern Willow 
Flycatcher (Empidonax trailii extimus) on the Middle Rio Grande in New 
Mexico.
    (c) <<NOTE: Applicability.>> This section applies only to those 
Federal agencies and non-Federal actions addressed in the March 17, 2003 
Biological Opinion.

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

    Sec. 206. <<NOTE: Grants. Contracts.>> The Secretary of the 
Interior, acting through the Commissioner of the Bureau of Reclamation, 
is authorized to enter into grants, cooperative agreements, and other 
agreements with irrigation or water districts and States to fund up to 
50 percent of the cost of planning, designing, and constructing 
improvements that will conserve water, increase water use efficiency, or 
enhance water management through measurement or automation, at existing 
water supply projects within the States identified in the Act of June 
17, 1902, as amended, and supplemented: Provided,

[[Page 118 STAT. 2950]]

That when such improvements are to federally owned facilities, such 
funds may be provided in advance on a non-reimbursable basis to an 
entity operating affected transferred works or may be deemed non-
reimbursable for non-transferred works: Provided further, That the 
calculation of the non-Federal contribution shall provide for 
consideration of the value of any in-kind contributions, but shall not 
include funds received from other Federal agencies: Provided further, 
That the cost of operating and maintaining such improvements shall be 
the responsibility of the non-Federal entity: Provided further, That 
this section shall not supercede any existing project-specific funding 
authority: Provided further, That the Secretary is also authorized to 
enter into grants or cooperative agreements with universities or non-
profit research institutions to fund water use efficiency research.

    Sec. 207. Animas-La Plata Non-Indian Sponsor Obligations. In 
accordance with the nontribal repayment obligation specified in 
Subsection 6(a)(3)(B) of the Colorado Ute Indian Rights Settlement Act 
of 1988 (Public Law 100-585), as amended by the Colorado Ute Settlement 
Act Amendments of 2000 (Public Law 106-554), the reimbursable cost upon 
which the cost allocation shall be based shall not exceed $43,000,000, 
plus interest during construction for those parties not utilizing the up 
front payment option, of the first $500,000,000 (January 2003 price 
level) of the total project costs. Consequently, the Secretary may 
forgive the obligation of the non-Indian sponsors relative to the 
$163,000,000 increase in estimated total project costs that occurred in 
2003.
    Sec. 208. Montana Water Contracts Extension. (a) Authority to 
Extend.--The Secretary of the Interior may extend each of the water 
contracts listed in subsection (b) until the earlier of--
            (1) the expiration of the 2-year period beginning on the 
        date on which the contract would expire but for this section; or
            (2) the date on which a new long-term water contract is 
        executed by the parties to the contract listed in subsection 
        (b).

    (b) Extended Contracts.--The water contracts referred to in 
subsection (a) are the following:
            (1) Contract Number 14-06-600-2078, as amended, for purchase 
        of water between the United States of America and the City of 
        Helena, Montana.
            (2) Contract Number 14-06-600-2079, as amended, between the 
        United States of America and the Helena Valley Irrigation 
        District for water service.
            (3) Contract Number 14-06-600-8734, as amended, between the 
        United States of America and the Toston Irrigation District for 
        water service.
            (4) Contract Number 14-06-600-3592, as amended, between the 
        United States and the Clark Canyon Water Supply Company, Inc., 
        for water service and for a supplemental supply.
            (5) Contract Number 14-06-600-3593, as amended, between the 
        United States and the East Bench Irrigation District for water 
        service.

[[Page 118 STAT. 2951]]

                                TITLE III

                          DEPARTMENT OF ENERGY

                             ENERGY PROGRAMS

                              Energy Supply

    For Department of Energy expenses including the purchase, 
construction, and acquisition of plant and capital equipment, and other 
expenses necessary for energy supply activities in carrying out the 
purposes of the Department of Energy Organization Act (42 U.S.C. 7101 et 
seq.), including the acquisition or condemnation of any real property or 
any facility or for plant or facility acquisition, construction, or 
expansion, and the purchase of not to exceed 9 passenger motor vehicles 
for replacement only, and one ambulance, $946,272,000, to remain 
available until expended.

                Non-Defense Site Acceleration Completion

    For Department of Energy expenses, including the purchase, 
construction, and acquisition of plant and capital equipment and other 
expenses necessary for non-defense environmental management site 
acceleration completion activities in carrying out the purposes of the 
Department of Energy Organization Act (42 U.S.C. 7101 et seq.), 
including the acquisition or condemnation of any real property or any 
facility or for plant or facility acquisition, construction, or 
expansion, $151,850,000, to remain available until expended.

       Uranium Enrichment Decontamination and Decommissioning Fund

    For necessary expenses in carrying out uranium enrichment facility 
decontamination and decommissioning, remedial actions, and other 
activities of title II of the Atomic Energy Act of 1954, as amended, and 
title X, subtitle A, of the Energy Policy Act of 1992, $499,007,000, to 
be derived from the Fund, to remain available until expended, of which 
$80,000,000 shall be available in accordance with title X, subtitle A, 
of the Energy Policy Act of 1992.

                   Non-Defense Environmental Services

    For Department of Energy expenses necessary for non-defense 
environmental services activities that indirectly support the 
accelerated cleanup and closure mission at environmental management 
sites, including the purchase, construction, and acquisition of plant 
and capital equipment and other necessary expenses, $291,296,000, to 
remain available until expended.

                                 Science

    For Department of Energy expenses including the purchase, 
construction and acquisition of plant and capital equipment, and other 
expenses necessary for science activities in carrying out the purposes 
of the Department of Energy Organization Act (42 U.S.C. 7101 et seq.), 
including the acquisition or condemnation of any

[[Page 118 STAT. 2952]]

real property or facility or for plant or facility acquisition, 
construction, or expansion, and purchase of not to exceed four passenger 
motor vehicles for replacement only, including not to exceed one 
ambulance, $3,628,902,000, to remain available until expended.

                         Nuclear Waste Disposal

    For nuclear waste disposal activities to carry out the purposes of 
Public Law 97-425, as amended, including the acquisition of real 
property or facility construction or expansion, $346,000,000, to remain 
available until expended: Provided, That of the funds made available in 
this Act for Nuclear Waste Disposal, $2,000,000 shall be provided to the 
State of Nevada solely for expenditures, other than salaries and 
expenses of State employees, to conduct scientific oversight 
responsibilities and participate in licensing activities pursuant to the 
Nuclear Waste Policy Act of 1982, Public Law 97-425, as amended: 
Provided further, That $8,000,000 shall be provided to affected units of 
local governments, as defined in Public Law 97-425, to conduct 
scientific oversight responsibilities and participate in licensing 
activities pursuant to the Act: Provided further, That the distribution 
of the funds as determined by the units of local government shall be 
approved by the Department of Energy: Provided further, That the funds 
for the State of Nevada shall be made available solely to the Nevada 
Division of Emergency Management by direct payment and units of local 
government by direct payment: Provided 
further, <<NOTE: Deadline. Certification.>> That within 90 days of the 
completion of each Federal fiscal year, the Nevada Division of Emergency 
Management and the Governor of the State of Nevada and each local entity 
shall provide certification to the Department of Energy that all funds 
expended from such payments have been expended for activities authorized 
by Public Law 97-425 and this Act: Provided further, That failure to 
provide such certification shall cause such entity to be prohibited from 
any further funding provided for similar activities: Provided 
further, <<NOTE: Lobbying.>> That none of the funds herein appropriated 
may be: (1) used directly or indirectly to influence legislative action 
on any matter pending before Congress or a State legislature or for 
lobbying activity as provided in 18 U.S.C. 1913; (2) used for litigation 
expenses; or (3) used to support multi-State efforts or other coalition 
building activities inconsistent with the restrictions contained in this 
Act: Provided further, That all proceeds and recoveries realized by the 
Secretary in carrying out activities authorized by the Nuclear Waste 
Policy Act of 1982, Public Law 97-425, as amended, including but not 
limited to, any proceeds from the sale of assets, shall be available 
without further appropriation and shall remain available until expended.

                       Departmental Administration

                      (including transfer of funds)

    For salaries and expenses of the Department of Energy necessary for 
departmental administration in carrying out the purposes of the 
Department of Energy Organization Act (42 U.S.C. 7101 et seq.), 
including the hire of passenger motor vehicles and official reception 
and representation expenses (not to exceed $35,000), $240,426,000, to 
remain available until expended, plus such additional amounts as 
necessary to cover increases in the estimated amount of cost of work for 
others notwithstanding the provisions

[[Page 118 STAT. 2953]]

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

                     Office of the Inspector General

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

                    ATOMIC ENERGY DEFENSE ACTIVITIES

                National Nuclear Security Administration

                           Weapons Activities

                      (including transfer of funds)

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

[[Page 118 STAT. 2954]]

total estimated cost does not exceed the minor construction threshold 
and for purposes of section 3623 of Public Law 107-314 as a construction 
project with a current estimated cost of less than the minor 
construction threshold.

                    Defense Nuclear Nonproliferation

    For Department of Energy expenses, including the purchase, 
construction, and acquisition of plant and capital equipment and other 
incidental expenses necessary for atomic energy defense, defense nuclear 
nonproliferation activities, in carrying out the purposes of the 
Department of Energy Organization Act (42 U.S.C. 7101 et seq.), 
including the acquisition or condemnation of any real property or any 
facility or for plant or facility acquisition, construction, or 
expansion, $1,420,397,000, to remain available until expended.

                             Naval Reactors

    For Department of Energy expenses necessary for naval reactors 
activities to carry out the Department of Energy Organization Act (42 
U.S.C. 7101 et seq.), including the acquisition (by purchase, 
condemnation, construction, or otherwise) of real property, plant, and 
capital equipment, facilities, and facility expansion, $807,900,000, to 
remain available until expended.

                       Office of the Administrator

    For necessary expenses of the Office of the Administrator in the 
National Nuclear Security Administration, including official reception 
and representation expenses (not to exceed $12,000), $356,200,000, to 
remain available until expended.

               ENVIRONMENTAL AND OTHER DEFENSE ACTIVITIES

                  Defense Site Acceleration Completion

    For Department of Energy expenses, including the purchase, 
construction, and acquisition of plant and capital equipment and other 
expenses necessary for atomic energy defense site acceleration 
completion activities in carrying out the purposes of the Department of 
Energy Organization Act (42 U.S.C. 7101 et seq.), including the 
acquisition or condemnation of any real property or any facility or for 
plant or facility acquisition, construction, or expansion, 
$6,096,429,000, to remain available until expended.

                     Defense Environmental Services

    For Department of Energy expenses necessary for defense-related 
environmental services activities that indirectly support the 
accelerated cleanup and closure mission at environmental management 
sites, including the purchase, construction, and acquisition of plant 
and capital equipment and other necessary expenses, and the purchase of 
not to exceed three ambulances for replacement only, $937,976,000, to 
remain available until expended.

[[Page 118 STAT. 2955]]

                        Other Defense Activities

    For Department of Energy expenses, including the purchase, 
construction, and acquisition of plant and capital equipment and other 
expenses, necessary for atomic energy defense, other defense activities, 
and classified activities, in carrying out the purposes of the 
Department of Energy Organization Act (42 U.S.C. 7101 et seq.), 
including the acquisition or condemnation of any real property or any 
facility or for plant or facility acquisition, construction, or 
expansion, $692,691,000, to remain available until expended.

                     Defense Nuclear Waste Disposal

    For nuclear waste disposal activities to carry out the purposes of 
Public Law 97-425, as amended, including the acquisition of real 
property or facility construction or expansion, $231,000,000, to remain 
available until expended.

                     POWER MARKETING ADMINISTRATIONS

                  Bonneville Power Administration Fund

    Expenditures from the Bonneville Power Administration Fund, 
established pursuant to Public Law 93-454, are approved for official 
reception and representation expenses in an amount not to exceed $1,500. 
During fiscal year 2005, no new direct loan obligations may be made.

      Operation and Maintenance, Southeastern Power Administration

    For necessary expenses of operation and maintenance of power 
transmission facilities and of marketing electric power and energy, 
including transmission wheeling and ancillary services, pursuant to the 
provisions of section 5 of the Flood Control Act of 1944 (16 U.S.C. 
825s), as applied to the southeastern power area, $5,200,000, to remain 
available until expended: Provided, That notwithstanding the provisions 
of 31 U.S.C. 3302, up to $34,000,000 collected by the Southeastern Power 
Administration pursuant to the Flood Control Act of 1944 to recover 
purchase power and wheeling expenses shall be credited to this account 
as offsetting collections, to remain available until expended for the 
sole purpose of making purchase power and wheeling expenditures.

      Operation and Maintenance, Southwestern Power Administration

    For necessary expenses of operation and maintenance of power 
transmission facilities and of marketing electric power and energy, for 
construction and acquisition of transmission lines, substations and 
appurtenant facilities, and for administrative expenses, including 
official reception and representation expenses in an amount not to 
exceed $1,500 in carrying out the provisions of section 5 of the Flood 
Control Act of 1944 (16 U.S.C. 825s), as applied to the southwestern 
power area, $29,352,000, to remain

[[Page 118 STAT. 2956]]

available until expended: Provided, That, notwithstanding the provisions 
of 31 U.S.C. 3302, up to $2,900,000 collected by the Southwestern Power 
Administration pursuant to the Flood Control Act to recover purchase 
power and wheeling expenses shall be credited to this account as 
offsetting collections, to remain available until expended for the sole 
purpose of making purchase power and wheeling expenditures; <<NOTE: 16 
USC 825s-4.>> in addition, notwithstanding 31 U.S.C. 3302, beginning in 
fiscal year 2005 and thereafter, such funds as are received by the 
Southwestern Power Administration from any State, municipality, 
corporation, association, firm, district, or individual as advance 
payment for work that is associated with Southwestern's transmission 
facilities, consistent with that authorized in section 5 of the Flood 
Control Act, shall be credited to this account and be available until 
expended.

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

    For carrying out the functions authorized by title III, section 
302(a)(1)(E) of the Act of August 4, 1977 (42 U.S.C. 7152), and other 
related activities including conservation and renewable resources 
programs as authorized, including official reception and representation 
expenses in an amount not to exceed $1,500; $173,100,000, to remain 
available until expended, of which $167,236,000 shall be derived from 
the Department of the Interior Reclamation Fund: Provided, That of the 
amount herein appropriated, $10,000,000 shall be available until 
expended on a nonreimbursable basis to the Western Area Power 
Administration to design, construct, operate and maintain transmission 
facilities and services for the Animas-LaPlata Project as authorized by 
section 301(b)(10) of Public Law 106-554: Provided further, That of the 
amount herein appropriated, $6,200,000 is for deposit into the Utah 
Reclamation Mitigation and Conservation Account pursuant to title IV of 
the Reclamation Projects Authorization and Adjustment Act of 1992: 
Provided further, That of the amount herein appropriated, $6,000,000 
shall be available until expended on a nonreimbursable basis to the 
Western Area Power Administration for Topock-Davis-Mead Transmission 
Line Upgrades: Provided further, That notwithstanding the provision of 
31 U.S.C. 3302, up to $227,600,000 collected by the Western Area Power 
Administration pursuant to the Flood Control Act of 1944 and the 
Reclamation Project Act of 1939 to recover purchase power and wheeling 
expenses shall be credited to this account as offsetting collections, to 
remain available until expended for the sole purpose of making purchase 
power and wheeling expenditures.

            Falcon and Amistad Operating and Maintenance Fund

    For operation, maintenance, and emergency costs for the 
hydroelectric facilities at the Falcon and Amistad Dams, $2,827,000, to 
remain available until expended, and to be derived from the Falcon and 
Amistad Operating and Maintenance Fund of the Western Area Power 
Administration, as provided in section 423 of the Foreign Relations 
Authorization Act, Fiscal Years 1994 and 1995.

[[Page 118 STAT. 2957]]

                  Federal Energy Regulatory Commission

                          salaries and expenses

    For necessary expenses of the Federal Energy Regulatory Commission 
to carry out the provisions of the Department of Energy Organization Act 
(42 U.S.C. 7101 et seq.), including services as authorized by 5 U.S.C. 
3109, the hire of passenger motor vehicles, and official reception and 
representation expenses (not to exceed $3,000), $210,000,000, to remain 
available until expended: Provided, That <<NOTE: 42 USC 7171 
note.>> notwithstanding any other provision of law, not to exceed 
$210,000,000 of revenues from fees and annual charges, and other 
services and collections in fiscal year 2005 shall be retained and used 
for necessary expenses in this account, and shall remain available until 
expended: Provided further, That the sum herein appropriated from the 
general fund shall be reduced as revenues are received during fiscal 
year 2005 so as to result in a final fiscal year 2005 appropriation from 
the general fund estimated at not more than $0.

                           GENERAL PROVISIONS

                          DEPARTMENT OF ENERGY

    Sec. 301. <<NOTE: Federal Register, 
publication. Notification.>> (a)(1) None of the funds in this or any 
other appropriations Act for fiscal year 2005 or any previous fiscal 
year may be used to make payments for a noncompetitive management and 
operating contract unless the Secretary of Energy has published in the 
Federal Register and submitted to the Committees on Appropriations of 
the House of Representatives and the Senate a written notification, with 
respect to each such contract, of the Secretary's decision to use 
competitive procedures for the award of the contract, or to not renew 
the contract, when the term of the contract expires.

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

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

[[Page 118 STAT. 2958]]

grants, on a case-by-case basis, a waiver to allow for such a deviation. 
The Secretary may not delegate the authority to grant such a 
waiver. <<NOTE: Deadline. Reports.>> At least 60 days before a contract 
award for which the Secretary intends to grant such a waiver, the 
Secretary shall submit to the Committees on Appropriations of the House 
of Representatives and the Senate a report notifying the Committees of 
the waiver and setting forth, in specificity, the substantive reasons 
why the Secretary believes the requirement for competition should be 
waived for this particular award.

    Sec. 302. None of the funds appropriated by this Act may be used 
to--
            (1) develop or implement a workforce restructuring plan that 
        covers employees of the Department of Energy; or
            (2) provide enhanced severance payments or other benefits 
        for employees of the Department of Energy, under section 3161 of 
        the National Defense Authorization Act for Fiscal Year 1993 
        (Public Law 102-484; 42 U.S.C. 7274h).

    Sec. 303. None of the funds appropriated by this Act may be used to 
augment the funds made available for obligation by this Act for 
severance payments and other benefits and community assistance grants 
under section 3161 of the National Defense Authorization Act for Fiscal 
Year 1993 (Public Law 102-484; 42 U.S.C. 7274h) unless the Department of 
Energy submits a reprogramming request subject to approval by the 
appropriate congressional committees.
    Sec. 304. None of the funds appropriated by this Act may be used to 
prepare or initiate Requests For Proposals (RFPs) for a program if the 
program has not been funded by Congress.

                   (transfers of unexpended balances)

    Sec. 305. The unexpended balances of prior appropriations provided 
for activities in this Act may be transferred to appropriation accounts 
for such activities established pursuant to this title. Balances so 
transferred may be merged with funds in the applicable established 
accounts and thereafter may be accounted for as one fund for the same 
time period as originally enacted.
    Sec. 306. None of the funds in this or any other Act for the 
Administrator of the Bonneville Power Administration may be used to 
enter into any agreement to perform energy efficiency services outside 
the legally defined Bonneville service territory, with the exception of 
services provided internationally, including services provided on a 
reimbursable basis, unless the Administrator certifies in advance that 
such services are not available from private sector businesses.
    Sec. 307. When the Department of Energy makes a user facility 
available to universities or other potential users, or seeks input from 
universities or other potential users regarding significant 
characteristics or equipment in a user facility or a proposed user 
facility, the Department shall ensure broad public notice of such 
availability or such need for input to universities and other potential 
users. When the Department of Energy considers the participation of a 
university or other potential user as a formal partner in the 
establishment or operation of a user facility, the Department shall 
employ full and open competition in selecting such a partner. For 
purposes of this section, the term ``user facility'' includes, but is 
not limited to: (1) a user facility as described in section 2203(a)(2) 
of the Energy Policy Act of 1992 (42 U.S.C. 13503(a)(2)); (2) a

[[Page 118 STAT. 2959]]

National Nuclear Security Administration Defense Programs Technology 
Deployment Center/User Facility; and (3) any other Departmental facility 
designated by the Department as a user facility.
    Sec. 308. <<NOTE: 50 USC 2812 note.>> The Administrator of the 
National Nuclear Security Administration may authorize the manager of a 
covered nuclear weapons research, development, testing or production 
facility to engage in research, development, and demonstration 
activities with respect to the engineering and manufacturing 
capabilities at such facility in order to maintain and enhance such 
capabilities at such facility: Provided, That of the amount allocated to 
a covered nuclear weapons facility each fiscal year from amounts 
available to the Department of Energy for such fiscal year for national 
security programs, not more than an amount equal to 2 percent of such 
amount may be used for these activities: Provided further, That for 
purposes of this section, the term ``covered nuclear weapons facility'' 
means the following:
            (1) The Kansas City Plant, Kansas City, Missouri.
            (2) The Y-12 Plant, Oak Ridge, Tennessee.
            (3) The Pantex Plant, Amarillo, Texas.
            (4) The Savannah River Plant, South Carolina.
            (5) The Nevada Test Site.

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

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

[[Page 118 STAT. 2960]]

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

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

                                TITLE IV

                          INDEPENDENT AGENCIES

                     Appalachian Regional Commission

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

[[Page 118 STAT. 2961]]

the Federal share of the administrative expenses of the Commission, 
including services as authorized by 5 U.S.C. 3109, and hire of passenger 
motor vehicles, $66,000,000, to remain available until expended.

                 Defense Nuclear Facilities Safety Board

                          Salaries and Expenses

    For necessary expenses of the Defense Nuclear Facilities Safety 
Board in carrying out activities authorized by the Atomic Energy Act of 
1954, as amended by Public Law 100-456, section 1441, $20,268,000, to 
remain available until expended.

                        Delta Regional Authority

                          Salaries and Expenses

    For necessary expenses of the Delta Regional Authority and to carry 
out its activities, as authorized by the Delta Regional Authority Act of 
2000, as amended, notwithstanding sections 382C(b)(2), 382F(d), and 
382M(b) of said Act, $6,048,000, to remain available until expended.

                            Denali Commission

    For expenses of the Denali Commission including the purchase, 
construction and acquisition of plant and capital equipment as necessary 
and other expenses, $67,000,000 nothwithstanding the limitations 
contained in section 306(g) of the Denali Commission Act of 1998, 
$2,500,000, to remain available until expended: Provided, That of the 
amounts provided to the Denali Commission, $5,000,000 is for community 
showers and washeteria in villages with homes with no running water; 
$13,000,000 is for the Juneau/Green's Creek/Hoonah Intertie project; 
$3,200,000 is for the Swan Lake/Tyee Intertie project; $5,000,000 is for 
multi-purpose community facilities including the Bering Straits Region, 
Dillingham, Moose Pass, Sterling, Funny River, Eclutna, and Anchor 
Point; $10,000,000 is for teacher housing in remote villages such as 
Savoogna, Allakakaet, Hughes, Huslia, Minto, Nulato, and Ruby where 
there is limited housing available for teachers; $10,000,000 is for 
facilities serving Native elders and senior citizens; and $5,000,000 is 
for: (1) the Rural Communications service to provide broadcast 
facilities in communities with no television or radio station; (2) the 
Public Broadcasting Digital Distribution Network to link rural 
broadcasting facilities together to improve economies of scale, share 
programming, and reduce operating costs; and (3) rural public 
broadcasting facilities and equipment upgrades.

                      Nuclear Regulatory Commission

                          Salaries and Expenses

    For necessary expenses of the Commission in carrying out the 
purposes of the Energy Reorganization Act of 1974, as amended, and the 
Atomic Energy Act of 1954, as amended, including official representation 
expenses (not to exceed $15,000), and purchase of promotional items for 
use in the recruitment of individuals for

[[Page 118 STAT. 2962]]

employment, $662,777,000, to remain available until expended: Provided, 
That of the amount appropriated herein, $69,050,000 shall be derived 
from the Nuclear Waste Fund: Provided further, That revenues from 
licensing fees, inspection services, and other services and collections 
estimated at $534,354,000 in fiscal year 2005 shall be retained and used 
for necessary salaries and expenses in this account, notwithstanding 31 
U.S.C. 3302, and shall remain available until expended: Provided 
further, That the sum herein appropriated shall be reduced by the amount 
of revenues received during fiscal year 2005 so as to result in a final 
fiscal year 2005 appropriation estimated at not more than $128,423,000.

                       Office of Inspector General

    For necessary expenses of the Office of Inspector General in 
carrying out the provisions of the Inspector General Act of 1978, as 
amended, $7,518,000, to remain available until expended: Provided, That 
revenues from licensing fees, inspection services, and other services 
and collections estimated at $6,766,200 in fiscal year 2005 shall be 
retained and be available until expended, for necessary salaries and 
expenses in this account, notwithstanding 31 U.S.C. 3302: Provided 
further, That the sum herein appropriated shall be reduced by the amount 
of revenues received during fiscal year 2005 so as to result in a final 
fiscal year 2005 appropriation estimated at not more than $751,800.

                  Nuclear Waste Technical Review Board

                          Salaries and Expenses

    For necessary expenses of the Nuclear Waste Technical Review Board, 
as authorized by Public Law 100-203, section 5051, $3,177,000, to be 
derived from the Nuclear Waste Fund, and to remain available until 
expended.

                                 TITLE V

                           GENERAL PROVISIONS

    Sec. 501. None of the funds appropriated by this Act may be used in 
any way, directly or indirectly, to influence congressional action on 
any legislation or appropriation matters pending before Congress, other 
than to communicate to Members of Congress as described in 18 U.S.C. 
1913.
    Sec. 502. None of the funds made available in this Act may be 
transferred to any department, agency, or instrumentality of the United 
States Government, except pursuant to a transfer made by, or transfer 
authority provided in, this Act or any other appropriation Act.
    Sec. 503. None of the funds made available in this Act may be used 
to deny requests for the public release of documents or evidence 
obtained through or in the Western Energy Markets: Enron Investigation 
(Docket No. PA02-2), the California Refund case (Docket No. EL00-95), 
the Anomalous Bidding Investigation (Docket No. IN03-10), or the 
Physical Withholding Investigation.

[[Page 118 STAT. 2963]]

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

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

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

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

``SEC. 2. <<NOTE: 16 USC 831a.>> MEMBERSHIP, OPERATION, AND DUTIES OF 
            THE BOARD OF DIRECTORS.

    ``(a) Membership.--
            ``(1) Appointment.--The Board of Directors of the 
        Corporation (referred to in this Act as the `Board') shall be 
        composed of 9 members appointed by the President by and with the 
        advice and consent of the Senate, at least 7 of whom shall be a 
        legal resident of the service area of the Corporation.
            ``(2) Chairman.--The members of the Board shall select 1 of 
        the members to act as chairman of the Board.

    ``(b) Qualifications.--To be eligible to be appointed as a member of 
the Board, an individual--
            ``(1) shall be a citizen of the United States;
            ``(2) shall have management expertise relative to a large 
        for-profit or nonprofit corporate, government, or academic 
        structure;
            ``(3) shall not be an employee of the Corporation;
            ``(4) shall make full disclosure to Congress of any 
        investment or other financial interest that the individual holds 
        in the energy industry; and
            ``(5) shall affirm support for the objectives and missions 
        of the Corporation, including being a national leader in 
        technological innovation, low-cost power, and environmental 
        stewardship.

    ``(c) Recommendations.--In appointing members of the Board, the 
President shall--
            ``(1) consider recommendations from such public officials 
        as--

[[Page 118 STAT. 2964]]

                    ``(A) the Governors of States in the service area;
                    ``(B) individual citizens;
                    ``(C) business, industrial, labor, electric power 
                distribution, environmental, civic, and service 
                organizations; and
                    ``(D) the congressional delegations of the States in 
                the service area; and
            ``(2) seek qualified members from among persons who reflect 
        the diversity, including the geographical diversity, and needs 
        of the service area of the Corporation.

    ``(d) Terms.--
            ``(1) In general.--A member of the Board shall serve a term 
        of 5 years. A member of the Board whose term has expired may 
        continue to serve after the member's term has expired until the 
        date on which a successor takes office, except that the member 
        shall not serve beyond the end of the session of Congress in 
        which the term of the member expires.
            ``(2) Vacancies.--A member appointed to fill a vacancy on 
        the Board occurring before the expiration of the term for which 
        the predecessor of the member was appointed shall be appointed 
        for the remainder of that term.

    ``(e) Quorum.--
            ``(1) In general.--Five of the members of the Board shall 
        constitute a quorum for the transaction of business.
            ``(2) Vacancies.--A vacancy on the Board shall not impair 
        the power of the Board to act.

    ``(f) Compensation.--
            ``(1) In general.--A member of the Board shall be entitled 
        to receive--
                    ``(A) a stipend of--
                          ``(i) $45,000 per year; or
                          ``(ii)(I) in the case of the chairman of any 
                      committee of the Board created by the Board, 
                      $46,000 per year; or
                          ``(II) in the case of the chairman of the 
                      Board, $50,000 per year; and
                    ``(B) travel expenses, including per diem in lieu of 
                subsistence, in the same manner as persons employed 
                intermittently in Government service under section 5703 
                of title 5, United States Code.
            ``(2) Adjustments in stipends.--The amount of the stipend 
        under paragraph (1)(A)(i) shall be adjusted by the same 
        percentage, at the same time and manner, and subject to the same 
        limitations as are applicable to adjustments under section 5318 
        of title 5, United States Code.

    ``(g) Duties.--
            ``(1) In general.--The Board shall--
                    ``(A) establish the broad goals, objectives, and 
                policies of the Corporation that are appropriate to 
                carry out this Act;
                    ``(B) develop long-range plans to guide the 
                Corporation in achieving the goals, objectives, and 
                policies of the Corporation and provide assistance to 
                the chief executive officer to achieve those goals, 
                objectives, and policies;
                    ``(C) ensure that those goals, objectives, and 
                policies are achieved;
                    ``(D) approve an annual budget for the Corporation;

[[Page 118 STAT. 2965]]

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

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

    ``(i) Compensation Plan.--

[[Page 118 STAT. 2966]]

            ``(1) In general.--The Board shall approve a compensation 
        plan that specifies all compensation (including salary or any 
        other pay, bonuses, benefits, incentives, and any other form of 
        remuneration) for the chief executive officer and employees of 
        the Corporation.
            ``(2) Annual survey.--The compensation plan shall be based 
        on an annual survey of the prevailing compensation for similar 
        positions in private industry, including engineering and 
        electric utility companies, publicly owned electric utilities, 
        and Federal, State, and local governments.
            ``(3) Considerations.--The compensation plan shall provide 
        that education, experience, level of responsibility, geographic 
        differences, and retention and recruitment needs will be taken 
        into account in determining compensation of employees.
            ``(4) Positions at or below level iv.--The chief executive 
        officer shall determine the salary and benefits of employees 
        whose annual salary is not greater than the annual rate payable 
        for positions at level IV of the Executive Schedule under 
        section 5315 of title 5, United States Code.
            ``(5) Positions above level iv.--On the recommendation of 
        the chief executive officer, the Board shall approve the 
        salaries of employees whose annual salaries would be in excess 
        of the annual rate payable for positions at level IV of the 
        Executive Schedule under section 5315 of title 5, United States 
        Code.''.

SEC. 602. CHANGE IN MANNER OF APPOINTMENT OF STAFF.

    Section 3 of the Tennessee Valley Authority Act of 1933 (16 U.S.C. 
831b) is amended--
            (1) by striking the first undesignated paragraph and 
        inserting the following:

    ``(a) Appointment by the Chief Executive Officer.--The chief 
executive officer shall appoint, with the advice and consent of the 
Board, and without regard to the provisions of the civil service laws 
applicable to officers and employees of the United States, such 
managers, assistant managers, officers, employees, attorneys, and agents 
as are necessary for the transaction of the business of the 
Corporation.''; and
            (2) by striking ``All contracts'' and inserting the 
        following:

    ``(b) Wage Rates.--All contracts''.

SEC. 603. CONFORMING AMENDMENTS.

    (a) The Tennessee Valley Authority Act of 1933 (16 U.S.C. 831 et 
seq.) is amended--
            (1) by striking ``board of directors'' each place it appears 
        and inserting ``Board of Directors''; and
            (2) by striking ``board'' each place it appears and 
        inserting ``Board''.

    (b) Section 9 of the Tennessee Valley Authority Act of 1933 (16 
U.S.C. 831h) is amended--
            (1) by striking ``The Comptroller General of the United 
        States shall audit'' and inserting the following:

    ``(c) Audits.--The Comptroller General of the United States shall 
audit''; and
            (2) by striking ``The Corporation shall determine'' and 
        inserting the following:

[[Page 118 STAT. 2967]]

    ``(d) Administrative Accounts and Business Documents.--The 
Corporation shall determine''.
    (c) Title 5, United States Code, is amended--
            (1) in section 5314, by striking ``Chairman, Board of 
        Directors of the Tennessee Valley Authority.''; and
            (2) in section 5315, by striking ``Members, Board of 
        Directors of the Tennessee Valley Authority.''.

SEC. 604. APPOINTMENTS; EFFECTIVE DATE; TRANSITION. <<NOTE: 16 USC 831a 
            note.>> 

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

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

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

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

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

[[Page 118 STAT. 2968]]

 DIVISION D-- <<NOTE: Foreign Operations, Export Financing, and Related 
    Programs Appropriations Act, 2005.>> FOREIGN OPERATIONS, EXPORT 
FINANCING, AND RELATED PROGRAMS APPROPRIATIONS ACT, 2005

                TITLE I--EXPORT AND INVESTMENT ASSISTANCE

                 EXPORT-IMPORT BANK OF THE UNITED STATES

    The Export-Import Bank of the United States is authorized to make 
such expenditures within the limits of funds and borrowing authority 
available to such corporation, and in accordance with law, and to make 
such contracts and commitments without regard to fiscal year 
limitations, as provided by section 104 of the Government Corporation 
Control Act, as may be necessary in carrying out the program for the 
current fiscal year for such corporation: Provided, That none of the 
funds available during the current fiscal year may be used to make 
expenditures, contracts, or commitments for the export of nuclear 
equipment, fuel, or technology to any country, other than a nuclear-
weapon state as defined in Article IX of the Treaty on the Non-
Proliferation of Nuclear Weapons eligible to receive economic or 
military assistance under this <<NOTE: 12 USC 635 note.>> Act, that has 
detonated a nuclear explosive after the date of the enactment of this 
Act: Provided further, <<NOTE: Termination date.>> That notwithstanding 
section 1(c) of Public Law 103-428, as amended, sections 1(a) and (b) of 
Public Law 103-428 shall remain in effect through October 1, 2005.

                          SUBSIDY APPROPRIATION

    For the cost of direct loans, loan guarantees, insurance, and tied-
aid grants as authorized by section 10 of the Export-Import Bank Act of 
1945, as amended, $59,800,000, to remain available until September 30, 
2008: Provided, That such costs, including the cost of modifying such 
loans, shall be as defined in section 502 of the Congressional Budget 
Act of 1974: Provided further, That such sums shall remain available 
until September 30, 2023, for the disbursement of direct loans, loan 
guarantees, insurance and tied-aid grants obligated in fiscal years 
2005, 2006, 2007, and 2008: Provided further, That none of the funds 
appropriated by this Act or any prior Act appropriating funds for 
foreign operations, export financing, and related programs for tied-aid 
credits or grants may be used for any other purpose except through the 
regular notification procedures of the Committees on Appropriations: 
Provided further, That funds appropriated by this paragraph are made 
available notwithstanding section 2(b)(2) of the Export-Import Bank Act 
of 1945, in connection with the purchase or lease of any product by any 
Eastern European country, any Baltic State or any agency or national 
thereof: Provided further, <<NOTE: Deadline. Reports.>> That not later 
than 30 days after the date of enactment of this Act, the Export-Import 
Bank shall submit a report to the Committees on Appropriations of the 
House of Representatives and the Senate, containing an analysis of the 
economic impact on United States producers of ethanol of the extension 
of credit and financial guarantees for the development of an ethanol 
dehydration plant in Trinidad and Tobago, including a determination of 
whether such extension will cause substantial injury to such producers, 
as defined in section 2(e)(4) of the Export-Import Bank Act of 1945 (12 
U.S.C. 635(e)(4)).

[[Page 118 STAT. 2969]]

                         administrative expenses

    For administrative expenses to carry out the direct and guaranteed 
loan and insurance programs, including hire of passenger motor vehicles 
and services as authorized by 5 U.S.C. 3109, and not to exceed $30,000 
for official reception and representation expenses for members of the 
Board of Directors, $73,200,000: Provided, That the Export-Import Bank 
may accept, and use, payment or services provided by transaction 
participants for legal, financial, or technical services in connection 
with any transaction for which an application for a loan, guarantee or 
insurance commitment has been made: Provided 
further, <<NOTE: Termination date. 12 USC 635a note.>> That, 
notwithstanding subsection (b) of section 117 of the Export Enhancement 
Act of 1992, subsection (a) thereof shall remain in effect until October 
1, 2005.

                 Overseas Private Investment Corporation

                            noncredit account

    The Overseas Private Investment Corporation is authorized to make, 
without regard to fiscal year limitations, as provided by 31 U.S.C. 
9104, such expenditures and commitments within the limits of funds 
available to it and in accordance with law as may be necessary: 
Provided, That the amount available for administrative expenses to carry 
out the credit and insurance programs (including an amount for official 
reception and representation expenses which shall not exceed $35,000) 
shall not exceed $42,885,000: Provided further, That project-specific 
transaction costs, including direct and indirect costs incurred in 
claims settlements, and other direct costs associated with services 
provided to specific investors or potential investors pursuant to 
section 234 of the Foreign Assistance Act of 1961, shall not be 
considered administrative expenses for the purposes of this heading.

                             program account

    For the cost of direct and guaranteed loans, $24,000,000, as 
authorized by section 234 of the Foreign Assistance Act of 1961, to be 
derived by transfer from the Overseas Private Investment Corporation 
Non-Credit Account: Provided, That such costs, including the cost of 
modifying such loans, shall be as defined in section 502 of the 
Congressional Budget Act of 1974: Provided further, That such sums shall 
be available for direct loan obligations and loan guaranty commitments 
incurred or made during fiscal years 2005 and 2006: Provided further, 
That such sums shall remain available through fiscal year 2013 for the 
disbursement of direct and guaranteed loans obligated in fiscal year 
2005, and through fiscal year 2014 for the disbursement of direct and 
guaranteed loans obligated in fiscal year 2006: Provided further, That 
notwithstanding any other provision of law, the Overseas Private 
Investment Corporation is authorized to undertake any program authorized 
by title IV of the Foreign Assistance Act of 1961 in Iraq: Provided 
further, That funds made available pursuant to the authority of the 
previous proviso shall be subject to the regular notification procedures 
of the Committees on Appropriations.
    In addition, such sums as may be necessary for administrative 
expenses to carry out the credit program may be derived from amounts 
available for administrative expenses to carry out the

[[Page 118 STAT. 2970]]

credit and insurance programs in the Overseas Private Investment 
Corporation Noncredit Account and merged with said account.

                   Funds Appropriated to the President

                      trade and development agency

    For necessary expenses to carry out the provisions of section 661 of 
the Foreign Assistance Act of 1961, $51,500,000, to remain available 
until September 30, 2006.

                 TITLE II--BILATERAL ECONOMIC ASSISTANCE

                   Funds Appropriated to the President

    For expenses necessary to enable the President to carry out the 
provisions of the Foreign Assistance Act of 1961, and for other 
purposes, to remain available until September 30, 2005, unless otherwise 
specified herein, as follows:

           united states agency for international development

                 child survival and health programs fund

                      (including transfer of funds)

    For necessary expenses to carry out the provisions of chapters 1 and 
10 of part I of the Foreign Assistance Act of 1961, for child survival, 
health, and family planning/reproductive health activities, in addition 
to funds otherwise available for such purposes, $1,550,000,000, to 
remain available until September 30, 2006: 
Provided, <<NOTE: Immunization. HIV/AIDS.>> That this amount shall be 
made available for such activities as: (1) immunization programs; (2) 
oral rehydration programs; (3) health, nutrition, water and sanitation 
programs which directly address the needs of mothers and children, and 
related education programs; (4) assistance for children displaced or 
orphaned by causes other than AIDS; (5) programs for the prevention, 
treatment, control of, and research on HIV/AIDS, tuberculosis, polio, 
malaria, and other infectious diseases, and for assistance to 
communities severely affected by HIV/AIDS, including children displaced 
or orphaned by AIDS; and (6) family planning/reproductive health: 
Provided further, That none of the funds appropriated under this heading 
may be made available for nonproject assistance, except that funds may 
be made available for such assistance for ongoing health activities: 
Provided further, That of the funds appropriated under this heading, not 
to exceed $250,000, in addition to funds otherwise available for such 
purposes, may be used to monitor and provide oversight of child 
survival, maternal and family planning/reproductive health, and 
infectious disease programs: Provided further, That the following 
amounts should be allocated as follows: $345,000,000 for child survival 
and maternal health; $30,000,000 for vulnerable children; $350,000,000 
for HIV/AIDS including not less than $30,000,000 to support the 
development of microbicides as a means for combating HIV/AIDS; 
$200,000,000 for other infectious diseases; and $375,000,000 for family 
planning/reproductive health, including in areas where population growth 
threatens biodiversity or endangered species: Provided further, That of 
the funds appropriated under this heading, and in addition to funds 
allocated under the previous proviso, not less than $250,000,000 shall 
be

[[Page 118 STAT. 2971]]

made available, notwithstanding any other provision of law, except for 
the United States Leadership Against HIV/AIDS, Tuberculosis and Malaria 
Act of 2003 (Public Law 108-25), for a United States contribution to the 
Global Fund to Fight AIDS, Tuberculosis and Malaria (the ``Global 
Fund''), and shall be expended at the minimum rate necessary to make 
timely payment for projects and activities: Provided further, That of 
the funds appropriated under this heading in the Foreign Operations, 
Export Financing, and Related Programs Appropriations Act, 2004, that 
were withheld from obligation to the Global Fund, not less than 
$87,800,000 shall be made available to the Global Fund, notwithstanding 
section 202(d)(4) of Public Law 108-25 which required such withholding 
from the Global Fund in fiscal year 2004: Provided further, That the 
funds made available in the previous proviso shall be subject to any 
withholding required by section 202(d)(4) of Public Law 108-25 for 
contributions made to the Global Fund in fiscal year 2005: Provided 
further, That up to 5 percent of the aggregate amount of funds made 
available to the Global Fund in fiscal year 2005 may be made available 
to the United States Agency for International Development for technical 
assistance related to the activities of the Global Fund: Provided 
further, That of the funds appropriated under this heading that are 
available for HIV/AIDS programs and activities, not less than 
$27,000,000 should be made available for the International AIDS Vaccine 
Initiative: Provided further, That of the funds appropriated under this 
heading, $65,000,000 should be made available for a United States 
contribution to The Vaccine Fund, and up to $6,000,000 may be 
transferred to and merged with funds appropriated by this Act under the 
heading ``Operating Expenses of the United States Agency for 
International Development'' for costs directly related to international 
health, but funds made available for such costs may not be derived from 
amounts made available for contribution under this and preceding 
provisos: Provided <<NOTE: Abortion.>> further, That none of the funds 
made available in this Act nor any unobligated balances from prior 
appropriations may be made available to any organization or program 
which, as determined by the President of the United States, supports or 
participates in the management of a program of coercive abortion or 
involuntary sterilization: Provided further, That none of the funds made 
available under this Act may be used to pay for the performance of 
abortion as a method of family planning or to motivate or coerce any 
person to practice abortions: Provided further, That nothing in this 
paragraph shall be construed to alter any existing statutory 
prohibitions against abortion under section 104 of the Foreign 
Assistance Act of 1961: Provided further, That none of the funds made 
available under this Act may be used to lobby for or against abortion: 
Provided further, That in order to reduce reliance on abortion in 
developing nations, funds shall be available only to voluntary family 
planning projects which offer, either directly or through referral to, 
or information about access to, a broad range of family planning methods 
and services, and that any such voluntary family planning project shall 
meet the following requirements: (1) service providers or referral 
agents in the project shall not implement or be subject to quotas, or 
other numerical targets, of total number of births, number of family 
planning acceptors, or acceptors of a particular method of family 
planning (this provision shall not be construed to include the use of 
quantitative estimates or indicators for budgeting and planning 
purposes); (2) the project shall not include

[[Page 118 STAT. 2972]]

payment of incentives, bribes, gratuities, or financial reward to: (A) 
an individual in exchange for becoming a family planning acceptor; or 
(B) program personnel for achieving a numerical target or quota of total 
number of births, number of family planning acceptors, or acceptors of a 
particular method of family planning; (3) the project shall not deny any 
right or benefit, including the right of access to participate in any 
program of general welfare or the right of access to health care, as a 
consequence of any individual's decision not to accept family planning 
services; (4) the project shall provide family planning acceptors 
comprehensible information on the health benefits and risks of the 
method chosen, including those conditions that might render the use of 
the method inadvisable and those adverse side effects known to be 
consequent to the use of the method; and 
(5) <<NOTE: Deadline. Reports.>> the project shall ensure that 
experimental contraceptive drugs and devices and medical procedures are 
provided only in the context of a scientific study in which participants 
are advised of potential risks and benefits; and, not less than 60 days 
after the date on which the Administrator of the United States Agency 
for International Development determines that there has been a violation 
of the requirements contained in paragraph (1), (2), (3), or (5) of this 
proviso, or a pattern or practice of violations of the requirements 
contained in paragraph (4) of this proviso, the Administrator shall 
submit to the Committees on Appropriations a report containing a 
description of such violation and the corrective action taken by the 
Agency: Provided further, That <<NOTE: Non- discrimination.>> in 
awarding grants for natural family planning under section 104 of the 
Foreign Assistance Act of 1961 no applicant shall be discriminated 
against because of such applicant's religious or conscientious 
commitment to offer only natural family planning; and, additionally, all 
such applicants shall comply with the requirements of the previous 
proviso: Provided further, That for purposes of this or any other Act 
authorizing or appropriating funds for foreign operations, export 
financing, and related programs, the term ``motivate'', as it relates to 
family planning assistance, shall not be construed to prohibit the 
provision, consistent with local law, of information or counseling about 
all pregnancy options: Provided further, That to the maximum extent 
feasible, taking into consideration cost, timely availability, and best 
health practices, funds appropriated in this Act or prior appropriations 
Acts that are made available for condom procurement shall be made 
available only for the procurement of condoms manufactured in the United 
States: Provided further, That information provided about the use of 
condoms as part of projects or activities that are funded from amounts 
appropriated by this Act shall be medically accurate and shall include 
the public health benefits and failure rates of such use.

                         development assistance

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

[[Page 118 STAT. 2973]]

Agency for International Development Bureau of Democracy, Conflict, and 
Humanitarian Assistance, not less than $15,000,000 shall be made 
available only for programs to improve women's leadership capacity in 
recipient countries: Provided further, That such funds may not be made 
available for construction: Provided further, That of the aggregate 
amount of the funds appropriated by this Act that are made available for 
agriculture and rural development programs, $25,000,000 should be made 
available for plant biotechnology research and development: Provided 
further, That not less than $2,300,000 should be made available for core 
support for the International Fertilizer Development Center: Provided 
further, That of the funds appropriated under this heading, not less 
than $20,000,000 should be made available for the American Schools and 
Hospitals Abroad program: Provided further, That of the funds 
appropriated under this heading that are made available for assistance 
programs for displaced and orphaned children and victims of war, not to 
exceed $37,500, in addition to funds otherwise available for such 
purposes, may be used to monitor and provide oversight of such programs: 
Provided further, That funds appropriated under this heading should be 
made available for programs in sub-Saharan Africa to address sexual and 
gender-based violence: Provided further, That of the funds appropriated 
under this heading, $2,000,000 should be made available to develop clean 
water treatment activities in developing countries: Provided further, 
That of the funds appropriated by this Act, $100,000,000 shall be made 
available for drinking water supply projects and related activities.

              international disaster and famine assistance

    For necessary expenses of the United States Agency for International 
Development to carry out the provisions of section 491 of the Foreign 
Assistance Act of 1961 for international disaster relief, 
rehabilitation, and reconstruction assistance, $335,500,000, to remain 
available until expended.
    In addition, for necessary expenses for assistance for famine 
prevention and relief, including for mitigation of the effects of 
famine, $34,500,000, to remain available until expended: Provided, That 
such funds shall be made available utilizing the general authorities of 
section 491 of the Foreign Assistance Act of 1961, and shall be in 
addition to amounts otherwise available for such purposes: Provided 
further, That funds appropriated by this paragraph shall be available 
for obligation subject to prior consultation with the Committees on 
Appropriations.

                         transition initiatives

    For necessary expenses for international disaster rehabilitation and 
reconstruction assistance pursuant to section 491 of the Foreign 
Assistance Act of 1961, $49,000,000, to remain available until expended, 
to support transition to democracy and to long-term development of 
countries in crisis: Provided, That such support may include assistance 
to develop, strengthen, or preserve democratic institutions and 
processes, revitalize basic infrastructure, and foster the peaceful 
resolution of conflict: Provided 
further, <<NOTE: Reports. Deadline.>> That the United States Agency for 
International Development shall submit a report to the Committees on 
Appropriations at least 5 days prior to beginning a new program of 
assistance: Provided further, That if the President determines that is 
important to the

[[Page 118 STAT. 2974]]

national interests of the United States to provide transition assistance 
in excess of the amount appropriated under this heading, up to 
$15,000,000 of the funds appropriated by this Act to carry out the 
provisions of part I of the Foreign Assistance Act of 1961 may be used 
for purposes of this heading and under the authorities applicable to 
funds appropriated under this heading:  Provided further, That funds 
made available pursuant to the previous proviso shall be made available 
subject to prior consultation with the Committees on Appropriations.

                      development credit authority

                      (including transfer of funds)

    For the cost of direct loans and loan guarantees provided by the 
United States Agency for International Development, as authorized by 
sections 108 and 635 of the Foreign Assistance Act of 1961, funds may be 
derived by transfer from funds appropriated by this Act to carry out 
part I of such Act and under the heading ``Assistance for Eastern Europe 
and the Baltic States'': Provided, That such funds shall not exceed 
$21,000,000, which shall be made available only for micro and small 
enterprise programs, urban programs, and other programs which further 
the purposes of part I of the Act: Provided further, That such costs, 
including the cost of modifying such direct and guaranteed loans, shall 
be as defined in section 502 of the Congressional Budget Act of 1974, as 
amended: Provided further,  That funds made available by this paragraph 
may be used for the cost of modifying any such guaranteed loans under 
this Act or prior Acts, and funds used for such costs shall be subject 
to the regular notification procedures of the Committees on 
Appropriations: Provided further, <<NOTE: Applicability.>> That the 
provisions of section 107A(d) (relating to general provisions applicable 
to the Development Credit Authority) of the Foreign Assistance Act of 
1961, as contained in section 306 of H.R. 1486 as reported by the House 
Committee on International Relations on May 9, 1997, shall be applicable 
to direct loans and loan guarantees provided under this heading.

    In addition, for administrative expenses to carry out credit 
programs administered by the United States Agency for International 
Development, $8,000,000, which may be transferred to and merged with the 
appropriation for Operating Expenses of the United States Agency for 
International Development: Provided, That funds made available under 
this heading shall remain available until September 30, 2007.

      payment to the foreign service retirement and disability fund

    For payment to the ``Foreign Service Retirement and Disability 
Fund'', as authorized by the Foreign Service Act of 1980, $42,500,000.

    operating expenses of the united states agency for international 
                               development

    For necessary expenses to carry out the provisions of section 667 of 
the Foreign Assistance Act of 1961, $618,000,000, of which up to 
$25,000,000 may remain available until September 30, 2006: Provided, 
That <<NOTE: Reports. Deadline.>> none of the funds appropriated under 
this heading

[[Page 118 STAT. 2975]]

and under the heading ``Capital Investment Fund'' may be made available 
to finance the construction (including architect and engineering 
services), purchase, or long-term lease of offices for use by the United 
States Agency for International Development, unless the Administrator 
has identified such proposed construction (including architect and 
engineering services), purchase, or long-term lease of offices in a 
report submitted to the Committees on Appropriations at least 15 days 
prior to the obligation of these funds for such purposes: Provided 
further, That the previous proviso shall not apply where the total cost 
of construction (including architect and engineering services), 
purchase, or long-term lease of offices does not exceed $1,000,000: 
Provided further, That contracts or agreements entered into with funds 
appropriated under this heading may entail commitments for the 
expenditure of such funds through fiscal year 2006: Provided further, 
That none of the funds in this Act may be used to open a new overseas 
mission of the United States Agency for International Development 
without the prior written notification of the Committees on 
Appropriations: Provided further, That the authority of sections 610 and 
109 of the Foreign Assistance Act of 1961 may be exercised by the 
Secretary of State to transfer funds appropriated to carry out chapter 1 
of part I of such Act to ``Operating Expenses of the United States 
Agency for International Development'' in accordance with the provisions 
of those sections.

                         Capital investment fund

    For necessary expenses for overseas construction and related costs, 
and for the procurement and enhancement of information technology and 
related capital investments, pursuant to section 667 of the Foreign 
Assistance Act of 1961, $59,000,000, to remain available until expended: 
Provided, That this amount is in addition to funds otherwise available 
for such purposes: Provided further, That funds appropriated under this 
heading shall be available for obligation only pursuant to the regular 
notification procedures of the Committees on Appropriations: Provided 
further, That of the amounts appropriated under this heading, not to 
exceed $19,709,000 may be made available for the purposes of 
implementing the Capital Security Cost Sharing Program.

    operating expenses of the united states agency for international 
                 development office of inspector general

    For necessary expenses to carry out the provisions of section 667 of 
the Foreign Assistance Act of 1961, $35,000,000, to remain available 
until September 30, 2006, which sum shall be available for the Office of 
the Inspector General of the United States Agency for International 
Development.

                   Other Bilateral Economic Assistance

                          economic support fund

    For necessary expenses to carry out the provisions of chapter 4 of 
part II, $2,482,500,000, to remain available until September 30, 2006: 
Provided, <<NOTE: Deadline.>> That of the funds appropriated under this 
heading, not less than $360,000,000 shall be available only for Israel, 
which sum shall be available on a grant basis as a cash

[[Page 118 STAT. 2976]]

transfer and shall be disbursed within 30 days of the enactment of this 
Act: Provided further, That not less than $535,000,000 shall be 
available only for Egypt, which sum shall be provided on a grant basis, 
and of which sum cash transfer assistance shall be provided with the 
understanding that Egypt will undertake significant economic reforms 
which are additional to those which were undertaken in previous fiscal 
years, and of which $200,000,000 should be provided as Commodity Import 
Program assistance: Provided further, That with respect to the provision 
of assistance for Egypt for democracy and governance activities, the 
organizations implementing such assistance and the specific nature of 
that assistance shall not be subject to the prior approval by the 
Government of Egypt: Provided further, <<NOTE: President.>> That in 
exercising the authority to provide cash transfer assistance for Israel, 
the President shall ensure that the level of such assistance does not 
cause an adverse impact on the total level of nonmilitary exports from 
the United States to such country and that Israel enters into a side 
letter agreement in an amount proportional to the fiscal year 1999 
agreement: Provided further, That of the funds appropriated under this 
heading, not less than $250,000,000 should be made available only for 
assistance for Jordan: Provided further, That $13,500,000 of the funds 
appropriated under this heading shall be made available for Cyprus to be 
used only for scholarships, administrative support of the scholarship 
program, bicommunal projects, and measures aimed at reunification of the 
island and designed to reduce tensions and promote peace and cooperation 
between the two communities on Cyprus: Provided further, That 
$35,000,000 of the funds appropriated under this heading shall be made 
available for assistance for Lebanon, of which not less than $4,000,000 
should be made available for scholarships and direct support of American 
educational institutions in Lebanon: Provided further, That funds 
appropriated under this heading may be used, notwithstanding any other 
provision of law, to provide assistance to the National Democratic 
Alliance of Sudan to strengthen its ability to protect civilians from 
attacks, slave raids, and aerial bombardment by the Sudanese Government 
forces and its militia allies, and the provision of such funds shall be 
subject to the regular notification procedures of the Committees on 
Appropriations: Provided further, That in the previous proviso, the term 
``assistance'' includes non-lethal, non-food aid such as blankets, 
medicine, fuel, mobile clinics, water drilling equipment, communications 
equipment to notify civilians of aerial bombardment, non-military 
vehicles, tents, and shoes: Provided further, That not to exceed 
$200,000,000 of the funds appropriated under this heading may be used 
for the costs, as defined in section 502 of the Congressional Budget Act 
of 1974, of modifying direct loans and guarantees for Pakistan: Provided 
further, That amounts that are made available under the previous proviso 
for the costs of modifying direct loans and guarantees shall not be 
considered ``assistance'' for the purposes of provisions of law limiting 
assistance to a country: Provided further, That of the funds 
appropriated under this heading, not less than $22,000,000 shall be made 
available for assistance for the Democratic Republic of Timor-Leste, of 
which up to $1,000,000 may be available for administrative expenses of 
the United States Agency for International Development: Provided 
further, That of the funds available under this heading for assistance 
for Indonesia, $3,000,000 should be made available to promote freedom of 
the

[[Page 118 STAT. 2977]]

media in Indonesia: Provided further, That of the funds appropriated 
under this heading, $5,000,000 shall be made available to continue to 
support the provision of wheelchairs for needy persons in developing 
countries: Provided further, That funds appropriated under this heading 
that are made available for a Middle East Financing Facility, Middle 
East Enterprise Fund, or any other similar entity in the Middle East 
shall be subject to the regular notification procedures of the 
Committees on Appropriations: Provided further, That with respect to 
funds appropriated under this heading in this Act or prior Acts making 
appropriations for foreign operations, export financing, and related 
programs, the responsibility for policy decisions and justifications for 
the use of such funds, including whether there will be a program for a 
country that uses those funds and the amount of each such program, shall 
be the responsibility of the Secretary of State and the Deputy Secretary 
of State and this responsibility shall not be delegated.

                     international fund for ireland

    For necessary expenses to carry out the provisions of chapter 4 of 
part II of the Foreign Assistance Act of 1961, $18,500,000, which shall 
be available for the United States contribution to the International 
Fund for Ireland and shall be made available in accordance with the 
provisions of the Anglo-Irish Agreement Support Act of 1986 (Public Law 
99-415): Provided, That such amount shall be expended at the minimum 
rate necessary to make timely payment for projects and activities: 
Provided further, That funds made available under this heading shall 
remain available until September 30, 2006.

           assistance for eastern europe and the baltic states

    (a) For necessary expenses to carry out the provisions of the 
Foreign Assistance Act of 1961 and the Support for East European 
Democracy (SEED) Act of 1989, $396,600,000, to remain available until 
September 30, 2006, which shall be available, notwithstanding any other 
provision of law, for assistance and for related programs for Eastern 
Europe and the Baltic States: Provided, That of the funds appropriated 
under this heading that are made available for assistance for Bulgaria, 
$2,000,000 should be made available to enhance safety at nuclear power 
plants.
    (b) Funds appropriated under this heading shall be considered to be 
economic assistance under the Foreign Assistance Act of 1961 for 
purposes of making available the administrative authorities contained in 
that Act for the use of economic assistance.
    (c) <<NOTE: Applicability.>> The provisions of section 529 of this 
Act shall apply to funds appropriated under this heading: Provided, That 
notwithstanding any provision of this or any other Act, including 
provisions in this subsection regarding the application of section 529 
of this Act, local currencies generated by, or converted from, funds 
appropriated by this Act and by previous appropriations Acts and made 
available for the economic revitalization program in Bosnia may be used 
in Eastern Europe and the Baltic States to carry out the provisions of 
the Foreign Assistance Act of 1961 and the Support for East European 
Democracy (SEED) Act of 1989.

    (d) The President is authorized to withhold funds appropriated under 
this heading made available for economic revitalization programs in 
Bosnia and Herzegovina, if he determines and certifies

[[Page 118 STAT. 2978]]

to the Committees on Appropriations that the Federation of Bosnia and 
Herzegovina has not complied with article III of annex 1-A of the 
General Framework Agreement for Peace in Bosnia and Herzegovina 
concerning the withdrawal of foreign forces, and that intelligence 
cooperation on training, investigations, and related activities between 
state sponsors of terrorism and terrorist organizations and Bosnian 
officials has not been terminated.

    assistance for the independent states of the former soviet union

    (a) For necessary expenses to carry out the provisions of chapters 
11 and 12 of part I of the Foreign Assistance Act of 1961 and the 
FREEDOM Support Act, for assistance for the Independent States of the 
former Soviet Union and for related programs, $560,000,000, to remain 
available until September 30, 2006: 
Provided, <<NOTE: Applicability.>> That the provisions of such chapters 
shall apply to funds appropriated by this paragraph: Provided further, 
That funds made available for the Southern Caucasus region may be used, 
notwithstanding any other provision of law, for confidence-building 
measures and other activities in furtherance of the peaceful resolution 
of the regional conflicts, especially those in the vicinity of Abkhazia 
and Nagorno-Karabagh: Provided further, That of the funds appropriated 
under this heading, $3,859,000 should be available only to meet the 
health and other assistance needs of victims of trafficking in persons: 
Provided further, That of the funds appropriated under this heading, 
$17,500,000 shall be made available solely for assistance for the 
Russian Far East: Provided further, That, notwithstanding any other 
provision of law, funds appropriated under this heading in this Act or 
prior Acts making appropriations for foreign operations, export 
financing, and related programs, that are made available pursuant to the 
provisions of section 807 of Public Law 102-511 shall be subject to a 6 
percent ceiling on administrative expenses.

    (b) Of the funds appropriated under this heading that are made 
available for assistance for Ukraine, not less than $5,000,000 should be 
made available for nuclear reactor safety initiatives, and not less than 
$1,500,000 shall be made available for coal mine safety programs.
    (c) Of the funds appropriated under this heading, not less than 
$55,000,000 should be made available, in addition to funds otherwise 
available for such purposes, for assistance for child survival, 
environmental and reproductive health, and to combat HIV/AIDS, 
tuberculosis and other infectious diseases, and for related activities.
    (d)(1) <<NOTE: President. Certification.>> Of the funds appropriated 
under this heading that are allocated for assistance for the Government 
of the Russian Federation, 60 percent shall be withheld from obligation 
until the President determines and certifies in writing to the 
Committees on Appropriations that the Government of the Russian 
Federation--
            (A) has terminated implementation of arrangements to provide 
        Iran with technical expertise, training, technology, or 
        equipment necessary to develop a nuclear reactor, related 
        nuclear research facilities or programs, or ballistic missile 
        capability; and
            (B) is providing full access to international non-government 
        organizations providing humanitarian relief to refugees and 
        internally displaced persons in Chechnya.

[[Page 118 STAT. 2979]]

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

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

                          Independent Agencies

                        INTER-AMERICAN FOUNDATION

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

                     AFRICAN DEVELOPMENT FOUNDATION

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

                               peace corps

    For necessary expenses to carry out the provisions of the Peace 
Corps Act (75 Stat. 612), $320,000,000, including the purchase of not to 
exceed five passenger motor vehicles for administrative purposes for use 
outside of the United States: Provided, That none

[[Page 118 STAT. 2980]]

of the funds appropriated under this heading shall be used to pay for 
abortions: Provided further, That funds appropriated under this heading 
shall remain available until September 30, 2006.

                    millennium challenge corporation

    For necessary expenses for the ``Millennium Challenge Corporation'', 
$1,500,000,000, to remain available until expended: Provided, That of 
the funds appropriated under this heading, up to $50,000,000 may be 
available for administrative expenses of the Millennium Challenge 
Corporation: Provided further, That none of the funds appropriated under 
this heading may be made available for the provision of assistance until 
the Chief Executive Officer of the Millennium Challenge Corporation 
provides a written budget justification to the Committees on 
Appropriations: Provided further, That up to 10 percent of the funds 
appropriated under this heading may be made available to carry out the 
purposes of section 616 of the Millennium Challenge Act of 2003: 
Provided further,  <<NOTE: Reports.>> That none of the funds available 
to carry out section 616 of such Act may be made available until the 
Chief Executive Officer of the Millennium Challenge Corporation provides 
a report to the Committees on Appropriations listing the candidate 
countries that will be receiving assistance under section 616 of such 
Act, the level of assistance proposed for each such country, a 
description of the proposed programs, projects and activities, and the 
implementing agency or agencies of the United States Government: 
Provided further, <<NOTE: Applicability.>> That section 605(e)(4) of the 
Millennium Challenge Act of 2003 shall apply to funds appropriated under 
this heading: Provided further, That funds appropriated under this 
heading, and funds appropriated under this heading in division D of 
Public Law 108-199, may be made available for a Millennium Challenge 
Compact entered into pursuant to section 609 of the Millennium Challenge 
Act of 2003 only if such Compact obligates, or contains a commitment to 
obligate subject to the availability of funds and the mutual agreement 
of the parties to the Compact to proceed, the entire amount of the 
United States Government funding anticipated for the duration of the 
Compact: Provided further, <<NOTE: Effective date.>> That the previous 
proviso shall be effective on the date of enactment of this Act.

                           Department of State

                       global hiv/aids initiative

    For necessary expenses to carry out the provisions of the Foreign 
Assistance Act of 1961 for the prevention, treatment, and control of, 
and research on, HIV/AIDS, $1,385,000,000, to remain available until 
expended: Provided, That of the funds appropriated under this heading, 
not more than $8,818,000 may be made available for administrative 
expenses of the Office of the Coordinator of United States Government 
Activities to Combat HIV/AIDS Globally of the Department of State: 
Provided further, That of the funds appropriated under this heading, not 
less than $27,000,000 should be made available for a United States 
contribution to UNAIDS.

[[Page 118 STAT. 2981]]

           international narcotics control and law enforcement

    For necessary expenses to carry out section 481 of the Foreign 
Assistance Act of 1961, $328,820,000, to remain available until 
September 30, 2007: Provided, That during fiscal year 2005, the 
Department of State may also use the authority of section 608 of the 
Foreign Assistance Act of 1961, without regard to its restrictions, to 
receive excess property from an agency of the United States Government 
for the purpose of providing it to a foreign country under chapter 8 of 
part I of that Act subject to the regular notification procedures of the 
Committees on Appropriations: Provided 
further, <<NOTE: Deadline. Reports.>> That the Secretary of State shall 
provide to the Committees on Appropriations not later than 45 days after 
the date of the enactment of this Act and prior to the initial 
obligation of funds appropriated under this heading, a report on the 
proposed uses of all funds under this heading on a country-by-country 
basis for each proposed program, project, or activity: Provided further, 
That of the funds appropriated under this heading, not less than 
$11,900,000 should be made available for training programs and 
activities of the International Law Enforcement Academies: Provided 
further, That of the funds appropriated under this heading, not less 
than $4,000,000 should be made available for assistance for the 
Philippines for police training and other related activities: Provided 
further, That $10,000,000 of the funds appropriated under this heading 
shall be made available for demand reduction programs: Provided further, 
That $40,000,000 of the funds appropriated under this heading should be 
made available for assistance for Mexico: Provided further, That 
$10,500,000 of the funds appropriated under this heading should be made 
available for assistance for countries and programs in Africa: Provided 
further, That of the funds appropriated under this heading, $3,000,000 
shall be made available for assistance for the Government of Malta for 
the purchase of helicopters to enhance its ability to control its 
borders and deter terrorists: Provided further, That of the funds 
appropriated under this heading, not more than $30,300,000 may be 
available for administrative expenses.

                      andean counterdrug initiative

    For necessary expenses to carry out section 481 of the Foreign 
Assistance Act of 1961 to support counterdrug activities in the Andean 
region of South America, $731,000,000, to remain available until 
September 30, 2007: Provided, That in fiscal year 2005, funds available 
to the Department of State for assistance to the Government of Colombia 
shall be available to support a unified campaign against narcotics 
trafficking, against activities by organizations designated as terrorist 
organizations such as the Revolutionary Armed Forces of Colombia (FARC), 
the National Liberation Army (ELN), and the United Self-Defense Forces 
of Colombia (AUC), and to take actions to protect human health and 
welfare in emergency circumstances, including undertaking rescue 
operations: Provided further, That this authority shall cease to be 
effective if the Secretary of State has credible evidence that the 
Colombian Armed Forces are not conducting vigorous operations to restore 
government authority and respect for human rights in areas under the 
effective control of paramilitary and guerrilla organizations: Provided 
further, <<NOTE: President.>> That the President shall ensure that if 
any helicopter procured with funds under this heading is used to aid or 
abet the operations

[[Page 118 STAT. 2982]]

of any illegal self-defense group or illegal security cooperative, such 
helicopter shall be immediately returned to the United States: Provided 
further, <<NOTE: Certification. Deadline.>> That none of the funds 
appropriated by this Act may be made available to support a Peruvian air 
interdiction program until the Secretary of State and Director of 
Central Intelligence certify to the Congress, 30 days before any 
resumption of United States involvement in a Peruvian air interdiction 
program, that an air interdiction program that permits the ability of 
the Peruvian Air Force to shoot down aircraft will include enhanced 
safeguards and procedures to prevent the occurrence of any incident 
similar to the April 20, 2001 incident: Provided further, 
That <<NOTE: Deadline. Reports.>> the Secretary of State, in 
consultation with the Administrator of the United States Agency for 
International Development, shall provide to the Committees on 
Appropriations not later than 45 days after the date of the enactment of 
this Act and prior to the initial obligation of funds appropriated under 
this heading, a report on the proposed uses of all funds under this 
heading on a country-by-country basis for each proposed program, 
project, or activity: Provided further, That of the funds appropriated 
under this heading, not less than $264,600,000 shall be made available 
for alternative development/institution building, of which $237,000,000 
shall be apportioned directly to the United States Agency for 
International Development, including $125,700,000 for assistance for 
Colombia: Provided further, That with respect to funds apportioned to 
the United States Agency for International Development under the 
previous proviso, the responsibility for policy decisions for the use of 
such funds, including what activities will be funded and the amount of 
funds that will be provided for each of those activities, shall be the 
responsibility of the Administrator of the United States Agency for 
International Development in consultation with the Assistant Secretary 
of State for International Narcotics and Law Enforcement Affairs: 
Provided further, That of the funds appropriated under this heading, not 
less than $6,000,000 should be made available for judicial reform 
programs in Colombia: Provided further, That of the funds appropriated 
under this heading, in addition to funds made available pursuant to the 
previous proviso, not less than $6,000,000 shall be made available to 
the United States Agency for International Development for organizations 
and programs to protect human rights: Provided further, That funds made 
available in this Act for demobilization/reintegration of members of 
foreign terrorist organizations in Colombia shall be subject to prior 
consultation with, and the regular notification procedures of, the 
Committees on Appropriations: Provided further, That not more than 20 
percent of the funds appropriated by this Act that are used for the 
procurement of chemicals for aerial coca and poppy fumigation programs 
may be made available for such programs unless the Secretary of State 
certifies to the Committees on Appropriations that: (1) the herbicide 
mixture is being used in accordance with EPA label requirements for 
comparable use in the United States and with Colombian laws; and (2) the 
herbicide mixture, in the manner it is being used, does not pose 
unreasonable risks or adverse effects to humans or the environment: 
Provided further, That such funds may not be made available unless the 
Secretary of State certifies to the Committees on Appropriations that 
complaints of harm to health or licit crops caused by such fumigation 
are evaluated and fair compensation is being paid for meritorious 
claims: Provided further, That such funds may not

[[Page 118 STAT. 2983]]

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

                    migration and refugee assistance

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

[[Page 118 STAT. 2984]]

available for a headquarters contribution to the International Committee 
of the Red Cross only if the Secretary of State determines (and so 
reports to the appropriate committees of Congress) that the Magen David 
Adom Society of Israel is not being denied participation in the 
activities of the International Red Cross and Red Crescent Movement.

      united states emergency refugee and migration assistance fund

    For necessary expenses to carry out the provisions of section 2(c) 
of the Migration and Refugee Assistance Act of 1962, as amended (22 
U.S.C. 2601(c)), $30,000,000, to remain available until expended: 
Provided, That funds made available under this heading are appropriated 
notwithstanding the provisions contained in section 2(c)(2) of such Act 
which would limit the amount of funds which could be appropriated for 
this purpose.

     nonproliferation, anti-terrorism, demining and related programs

    For necessary expenses for nonproliferation, anti-terrorism, 
demining and related programs and activities, $402,000,000, to carry out 
the provisions of chapter 8 of part II of the Foreign Assistance Act of 
1961 for anti-terrorism assistance, chapter 9 of part II of the Foreign 
Assistance Act of 1961, section 504 of the FREEDOM Support Act, section 
23 of the Arms Export Control Act or the Foreign Assistance Act of 1961 
for demining activities, the clearance of unexploded ordnance, the 
destruction of small arms, and related activities, notwithstanding any 
other provision of law, including activities implemented through 
nongovernmental and international organizations, and section 301 of the 
Foreign Assistance Act of 1961 for a voluntary contribution to the 
International Atomic Energy Agency (IAEA), and for a United States 
contribution to the Comprehensive Nuclear Test Ban Treaty Preparatory 
Commission: Provided, That of this amount not to exceed $32,000,000, to 
remain available until expended, may be made available for the 
Nonproliferation and Disarmament Fund, notwithstanding any other 
provision of law, to promote bilateral and multilateral activities 
relating to nonproliferation and disarmament: Provided further, That 
such funds may also be used for such countries other than the 
Independent States of the former Soviet Union and international 
organizations when it is in the national security interest of the United 
States to do so: Provided further, That funds appropriated under this 
heading may be made available for the International Atomic Energy Agency 
only if the Secretary of State determines (and so reports to the 
Congress) that Israel is not being denied its right to participate in 
the activities of that Agency: Provided further, That funds available 
during fiscal year 2005 for a contribution to the Comprehensive Nuclear 
Test Ban Treaty Preparatory Commission and that are not necessary to 
make the United States contribution to the Commission in the amount 
assessed for fiscal year 2005 shall be made available for a voluntary 
contribution to the International Atomic Energy Agency and shall remain 
available until September 30, 2006: Provided further, That of the funds 
made available for demining and related activities, not to exceed 
$690,000, in addition to funds otherwise available for such purposes, 
may be used for administrative expenses related to the

[[Page 118 STAT. 2985]]

operation and management of the demining program: Provided further, That 
funds appropriated under this heading that are available for ``Anti-
terrorism Assistance'' and ``Export Control and Border Security'' shall 
remain available until September 30, 2006.

                       Department of the Treasury

               International Affairs Technical Assistance

    For necessary expenses to carry out the provisions of section 129 of 
the Foreign Assistance Act of 1961, $19,000,000, to remain available 
until September 30, 2007, which shall be available notwithstanding any 
other provision of law.

                           DEBT RESTRUCTURING

    For the cost, as defined in section 502 of the Congressional Budget 
Act of 1974, of modifying loans and loan guarantees, as the President 
may determine, for which funds have been appropriated or otherwise made 
available for programs within the International Affairs Budget Function 
150, including the cost of selling, reducing, or canceling amounts owed 
to the United States as a result of concessional loans made to eligible 
countries, pursuant to parts IV and V of the Foreign Assistance Act of 
1961, and of modifying concessional credit agreements with least 
developed countries, as authorized under section 411 of the Agricultural 
Trade Development and Assistance Act of 1954, as amended, and 
concessional loans, guarantees and credit agreements, as authorized 
under section 572 of the Foreign Operations, Export Financing, and 
Related Programs Appropriations Act, 1989 (Public Law 100-461), and of 
canceling amounts owed, as a result of loans or guarantees made pursuant 
to the Export-Import Bank Act of 1945, by countries that are eligible 
for debt reduction pursuant to title V of H.R. 3425 as enacted into law 
by section 1000(a)(5) of Public Law 106-113, $100,000,000, to remain 
available until September 30, 2007: Provided, That not less than 
$20,000,000 of the funds appropriated under this heading shall be made 
available to carry out the provisions of part V of the Foreign 
Assistance Act of 1961: Provided further, That up to $75,000,000 of the 
funds appropriated under this heading may be used by the Secretary of 
the Treasury to pay to the Heavily Indebted Poor Countries (HIPC) Trust 
Fund administered by the International Bank for Reconstruction and 
Development amounts for the benefit of countries that are eligible for 
debt reduction pursuant to title V of H.R. 3425 as enacted into law by 
section 1000(a)(5) of Public Law 106-113: Provided further, That amounts 
paid to the HIPC Trust Fund may be used only to fund debt reduction 
under the enhanced HIPC initiative by--
            (1) the Inter-American Development Bank;
            (2) the African Development Fund;
            (3) the African Development Bank; and
            (4) the Central American Bank for Economic Integration:

Provided further, That funds may not be paid to the HIPC Trust Fund for 
the benefit of any country if the Secretary of State has credible 
evidence that the government of such country is engaged in a consistent 
pattern of gross violations of internationally recognized human rights 
or in military or civil conflict that undermines its ability to develop 
and implement measures to alleviate poverty

[[Page 118 STAT. 2986]]

and to devote adequate human and financial resources to that end: 
Provided further, That on the basis of final appropriations, the 
Secretary of the Treasury shall consult with the Committees on 
Appropriations concerning which countries and international financial 
institutions are expected to benefit from a United States contribution 
to the HIPC Trust Fund during the fiscal year: Provided 
further, <<NOTE: Deadline.>> That the Secretary of the Treasury shall 
inform the Committees on Appropriations not less than 15 days in advance 
of the signature of an agreement by the United States to make payments 
to the HIPC Trust Fund of amounts for such countries and institutions: 
Provided further, That the Secretary of the Treasury may disburse funds 
designated for debt reduction through the HIPC Trust Fund only for the 
benefit of countries that--
            (1) have committed, for a period of 24 months, not to accept 
        new market-rate loans from the international financial 
        institution receiving debt repayment as a result of such 
        disbursement, other than loans made by such institutions to 
        export-oriented commercial projects that generate foreign 
        exchange which are generally referred to as ``enclave'' loans; 
        and
            (2) have documented and demonstrated their commitment to 
        redirect their budgetary resources from international debt 
        repayments to programs to alleviate poverty and promote economic 
        growth that are additional to or expand upon those previously 
        available for such purposes:

Provided further, That any limitation of subsection (e) of section 411 
of the Agricultural Trade Development and Assistance Act of 1954 shall 
not apply to funds appropriated under this heading: Provided 
further, <<NOTE: Notification.>> That none of the funds made available 
under this heading in this or any other appropriations Act shall be made 
available for Sudan or Burma unless the Secretary of the Treasury 
determines and notifies the Committees on Appropriations that a 
democratically elected government has taken office: Provided further, 
That none of the funds appropriated under this heading may be paid to 
the HIPC Trust Fund for the benefit of any country that has accepted 
loans from an international financial institution between such country's 
decision point and completion point: Provided further, That the terms 
``decision point'' and ``completion point'' shall have the same meaning 
as defined by the International Monetary Fund.

                     TITLE III--MILITARY ASSISTANCE

                   Funds Appropriated to the President

              international military education and training

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

[[Page 118 STAT. 2987]]

for Haiti, the Democratic Republic of the Congo, and Nigeria may only be 
provided through the regular notification procedures of the Committees 
on Appropriations.

                   foreign military financing program

                      (including transfer of funds)

    For expenses necessary for grants to enable the President to carry 
out the provisions of section 23 of the Arms Export Control Act, 
$4,783,500,000: Provided, That of the funds appropriated under this 
heading, not less than $2,220,000,000 shall be available for grants only 
for Israel, and not less than $1,300,000,000 shall be made available for 
grants only for Egypt: Provided further, <<NOTE: Deadline.>> That the 
funds appropriated by this paragraph for Israel shall be disbursed 
within 30 days of the enactment of this Act: Provided further, That to 
the extent that the Government of Israel requests that funds be used for 
such purposes, grants made available for Israel by this paragraph shall, 
as agreed by Israel and the United States, be available for advanced 
weapons systems, of which not less than $580,000,000 shall be available 
for the procurement in Israel of defense articles and defense services, 
including research and development: Provided further, That of the funds 
appropriated by this paragraph, $206,000,000 should be made available 
for assistance for Jordan: Provided further, That in addition to the 
funds appropriated under this heading, up to $150,000,000 for assistance 
for Pakistan may be derived by transfer from unobligated balances of 
funds appropriated under the headings ``Economic Support Fund'' and 
``Foreign Military Financing Program'' in prior appropriations Acts and 
not otherwise designated in those Acts for a specific country, use, or 
purpose: Provided further, That of the funds appropriated under this 
heading, not more than $2,000,000 may be made available for assistance 
for Uganda and only for non-lethal military equipment if the Secretary 
of State determines and reports to the Committees on Appropriations that 
the Government of Uganda has made significant progress in: (1) the 
protection of human rights, especially preventing acts of torture; (2) 
the protection of civilians in northern and eastern Uganda; and (3) the 
professionalization of the Ugandan armed forces: Provided further, That 
funds appropriated or otherwise made available by this paragraph shall 
be nonrepayable notwithstanding any requirement in section 23 of the 
Arms Export Control Act: Provided further, That funds made available 
under this paragraph shall be obligated upon apportionment in accordance 
with paragraph (5)(C) of title 31, United States Code, section 1501(a).
    None of the funds made available under this heading shall be 
available to finance the procurement of defense articles, defense 
services, or design and construction services that are not sold by the 
United States Government under the Arms Export Control Act unless the 
foreign country proposing to make such procurements has first signed an 
agreement with the United States Government specifying the conditions 
under which such procurements may be financed with such funds: Provided, 
That all country and funding level increases in allocations shall be 
submitted through the regular notification procedures of section 515 of 
this Act: Provided further, That none of the funds appropriated under 
this heading shall be available for assistance for Sudan and Guatemala: 
Provided further, That none of the funds appropriated under this heading 
may be

[[Page 118 STAT. 2988]]

made available for assistance for Haiti except pursuant to the regular 
notification procedures of the Committees on Appropriations: Provided 
further, That funds made available under this heading may be used, 
notwithstanding any other provision of law, for demining, the clearance 
of unexploded ordnance, and related activities, and may include 
activities implemented through nongovernmental and international 
organizations: Provided further, That only those countries for which 
assistance was justified for the ``Foreign Military Sales Financing 
Program'' in the fiscal year 1989 congressional presentation for 
security assistance programs may utilize funds made available under this 
heading for procurement of defense articles, defense services or design 
and construction services that are not sold by the United States 
Government under the Arms Export Control Act: Provided further, That 
funds appropriated under this heading shall be expended at the minimum 
rate necessary to make timely payment for defense articles and services: 
Provided further, That not more than $40,000,000 of the funds 
appropriated under this heading may be obligated for necessary expenses, 
including the purchase of passenger motor vehicles for replacement only 
for use outside of the United States, for the general costs of 
administering military assistance and sales: Provided further, That not 
more than $367,000,000 of funds realized pursuant to section 21(e)(1)(A) 
of the Arms Export Control Act may be obligated for expenses incurred by 
the Department of Defense during fiscal year 2005 pursuant to section 
43(b) of the Arms Export Control Act, except that this limitation may be 
exceeded only through the regular notification procedures of the 
Committees on Appropriations: Provided further, <<NOTE: Deadline.>> That 
foreign military financing program funds estimated to be outlayed for 
Egypt during fiscal year 2005 shall be transferred to an interest 
bearing account for Egypt in the Federal Reserve Bank of New York within 
30 days of enactment of this Act.

                         peacekeeping operations

    For necessary expenses to carry out the provisions of section 551 of 
the Foreign Assistance Act of 1961, $104,000,000: Provided, That none of 
the funds appropriated under this heading shall be obligated or expended 
except as provided through the regular notification procedures of the 
Committees on Appropriations.

               TITLE IV--MULTILATERAL ECONOMIC ASSISTANCE

                   funds appropriated to the president

                  international financial institutions

                       global environment facility

    For the United States contribution for the Global Environment 
Facility, $107,500,000 to the International Bank for Reconstruction and 
Development as trustee for the Global Environment Facility, by the 
Secretary of the Treasury, to remain available until expended.

[[Page 118 STAT. 2989]]

        contribution to the international development association

    For payment to the International Development Association by the 
Secretary of the Treasury, $850,000,000, to remain available until 
expended.

contribution to the enterprise for the americas multilateral investment 
                                  fund

    For payment to the Enterprise for the Americas Multilateral 
Investment Fund by the Secretary of the Treasury, for the United States 
contribution to the fund, $11,000,000, to remain available until 
expended.

               contribution to the asian development fund

    For the United States contribution by the Secretary of the Treasury 
to the increase in resources of the Asian Development Fund, as 
authorized by the Asian Development Bank Act, as amended, $100,000,000, 
to remain available until expended.

              Contribution to the African Development Bank

    For payment to the African Development Bank by the Secretary of the 
Treasury, $4,100,000, for the United States paid-in share of the 
increase in capital stock, to remain available until expended.

              limitation on callable capital subscriptions

    The United States Governor of the African Development Bank may 
subscribe without fiscal year limitation for the callable capital 
portion of the United States share of such capital stock in an amount 
not to exceed $79,532,933.

              contribution to the african development fund

    For the United States contribution by the Secretary of the Treasury 
to the increase in resources of the African Development Fund, 
$106,000,000, to remain available until expended.

  contribution to the european bank for reconstruction and development

    For payment to the European Bank for Reconstruction and Development 
by the Secretary of the Treasury, $35,431,111 for the United States 
share of the paid-in portion of the increase in capital stock, to remain 
available until expended.

              limitation on callable capital subscriptions

    The United States Governor of the European Bank for Reconstruction 
and Development may subscribe without fiscal year limitation to the 
callable capital portion of the United States share of such capital 
stock in an amount not to exceed $121,996,662.

   contribution to the international fund for agricultural development

    For the United States contribution by the Secretary of the Treasury 
to increase the resources of the International Fund for

[[Page 118 STAT. 2990]]

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

                international organizations and programs

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

                       TITLE V--GENERAL PROVISIONS

  compensation for united states executive directors to international 
                         financial institutions

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

   restrictions on voluntary contributions to united nations agencies

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

                    limitation on residence expenses

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

[[Page 118 STAT. 2991]]

                         limitation on expenses

    Sec. 504. Of the funds appropriated or made available pursuant to 
this Act, not to exceed $5,000 shall be for entertainment expenses of 
the United States Agency for International Development during the 
current fiscal year.

                limitation on representational allowances

    Sec. 505. Of the funds appropriated or made available pursuant to 
this Act, not to exceed $125,000 shall be available for representation 
allowances for the United States Agency for International Development 
during the current fiscal year: Provided, That appropriate steps shall 
be taken to assure that, to the maximum extent possible, United States-
owned foreign currencies are utilized in lieu of dollars: Provided 
further, That of the funds made available by this Act for general costs 
of administering military assistance and sales under the heading 
``Foreign Military Financing Program'', not to exceed $4,000 shall be 
available for entertainment expenses and not to exceed $130,000 shall be 
available for representation allowances: Provided further, That of the 
funds made available by this Act under the heading ``International 
Military Education and Training'', not to exceed $55,000 shall be 
available for entertainment allowances: Provided further, That of the 
funds made available by this Act for the Inter-American Foundation, not 
to exceed $2,000 shall be available for entertainment and representation 
allowances: Provided further, That of the funds made available by this 
Act for the Peace Corps, not to exceed a total of $4,000 shall be 
available for entertainment expenses: Provided further, That of the 
funds made available by this Act under the heading ``Trade and 
Development Agency'', not to exceed $4,000 shall be available for 
representation and entertainment allowances: Provided further, That of 
the funds made available by this Act under the heading ``Millennium 
Challenge Corporation'', not to exceed $115,000 shall be available for 
representation and entertainment allowances.

           prohibition on taxation of united states assistance

    Sec. 506. (a) Prohibition on Taxation.--None of the funds 
appropriated by this Act may be made available to provide assistance for 
a foreign country under a new bilateral agreement governing the terms 
and conditions under which such assistance is to be provided unless such 
agreement includes a provision stating that assistance provided by the 
United States shall be exempt from taxation, or reimbursed, by the 
foreign government, and the Secretary of State shall expeditiously seek 
to negotiate amendments to existing bilateral agreements, as necessary, 
to conform with this requirement.
    (b) <<NOTE: Certification. Reports.>> Reimbursement of Foreign 
Taxes.--An amount equivalent to 200 percent of the total taxes assessed 
during fiscal year 2005 on funds appropriated by this Act by a foreign 
government or entity against commodities financed under United States 
assistance programs for which funds are appropriated by this Act, either 
directly or through grantees, contractors and subcontractors shall be 
withheld from obligation from funds appropriated for assistance for 
fiscal year 2006 and allocated for the central government of such 
country and for the West Bank and Gaza Program to the extent that the 
Secretary of State certifies and reports in writing

[[Page 118 STAT. 2992]]

to the Committees on Appropriations that such taxes have not been 
reimbursed to the Government of the United States.

    (c) De Minimis Exception.--Foreign taxes of a de minimis nature 
shall not be subject to the provisions of subsection (b).
    (d) Reprogramming of Funds.--Funds withheld from obligation for each 
country or entity pursuant to subsection (b) shall be reprogrammed for 
assistance to countries which do not assess taxes on United States 
assistance or which have an effective arrangement that is providing 
substantial reimbursement of such taxes.
    (e) Determinations.--
            (1) The provisions of this section shall not apply to any 
        country or entity the Secretary of State determines--
                    (A) does not assess taxes on United States 
                assistance or which has an effective arrangement that is 
                providing substantial reimbursement of such taxes; or
                    (B) the foreign policy interests of the United 
                States outweigh the policy of this section to ensure 
                that United States assistance is not subject to 
                taxation.
            (2) <<NOTE: Deadline.>> The Secretary of State shall consult 
        with the Committees on Appropriations at least 15 days prior to 
        exercising the authority of this subsection with regard to any 
        country or entity.

    (f) <<NOTE: Rules. Regulations. Taxes.>> Implementation.--The 
Secretary of State shall issue rules, regulations, or policy guidance, 
as appropriate, to implement the prohibition against the taxation of 
assistance contained in this section.

    (g) Definitions.--As used in this section--
            (1) the terms ``taxes'' and ``taxation'' refer to value 
        added taxes and customs duties imposed on commodities financed 
        with United States assistance for programs for which funds are 
        appropriated by this Act; and
            (2) the term ``bilateral agreement'' refers to a framework 
        bilateral agreement between the Government of the United States 
        and the government of the country receiving assistance that 
        describes the privileges and immunities applicable to United 
        States foreign assistance for such country generally, or an 
        individual agreement between the Government of the United States 
        and such government that describes, among other things, the 
        treatment for tax purposes that will be accorded the United 
        States assistance provided under that agreement.

        prohibition against direct funding for certain countries

    Sec. 507. None of the funds appropriated or otherwise made available 
pursuant to this Act shall be obligated or expended to finance directly 
any assistance or reparations to Cuba, Libya, North Korea, Iran, or 
Syria: Provided, That for purposes of this section, the prohibition on 
obligations or expenditures shall include direct loans, credits, 
insurance and guarantees of the Export-Import Bank or its agents.

                             military coups

    Sec. 508. None of the funds appropriated or otherwise made available 
pursuant to this Act shall be obligated or expended to finance directly 
any assistance to the government of any country whose duly elected head 
of government is deposed by decree or

[[Page 118 STAT. 2993]]

military coup: Provided, <<NOTE: President. Certification.>> That 
assistance may be resumed to such government if the President determines 
and certifies to the Committees on Appropriations that subsequent to the 
termination of assistance a democratically elected government has taken 
office: Provided further, That the provisions of this section shall not 
apply to assistance to promote democratic elections or public 
participation in democratic processes: Provided further, That funds made 
available pursuant to the previous provisos shall be subject to the 
regular notification procedures of the Committees on Appropriations.

                                transfers

    Sec. 509. (a)(1) Limitation on Transfers Between Agencies.--None of 
the funds made available by this Act may be transferred to any 
department, agency, or instrumentality of the United States Government, 
except pursuant to a transfer made by, or transfer authority provided 
in, this Act or any other appropriation Act.
    (2) Notwithstanding paragraph (1), in addition to transfers made by, 
or authorized elsewhere in, this Act, funds appropriated by this Act to 
carry out the purposes of the Foreign Assistance Act of 1961 may be 
allocated or transferred to agencies of the United States Government 
pursuant to the provisions of sections 109, 610, and 632 of the Foreign 
Assistance Act of 1961.
    (b) <<NOTE: President. Deadline.>> Transfers Between Accounts.--None 
of the funds made available by this Act may be obligated under an 
appropriation account to which they were not appropriated, except for 
transfers specifically provided for in this Act, unless the President, 
not less than 5 days prior to the exercise of any authority contained in 
the Foreign Assistance Act of 1961 to transfer funds, consults with and 
provides a written policy justification to the Committees on 
Appropriations of the House of Representatives and the Senate.

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

                 commercial leasing of defense articles

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

[[Page 118 STAT. 2994]]

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

                          availability of funds

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

            limitation on assistance to countries in default

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

                           commerce and trade

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

[[Page 118 STAT. 2995]]

study, variety improvement or introduction, consultancy, publication, 
conference, or training in connection with the growth or production in a 
foreign country of an agricultural commodity for export which would 
compete with a similar commodity grown or produced in the United States: 
Provided, That this subsection shall not prohibit--
            (1) activities designed to increase food security in 
        developing countries where such activities will not have a 
        significant impact on the export of agricultural commodities of 
        the United States; or
            (2) research activities intended primarily to benefit 
        American producers.

                           surplus commodities

    Sec. 514. <<NOTE: 22 USC 262h note.>> The Secretary of the Treasury 
shall instruct the United States Executive Directors of the 
International Bank for Reconstruction and Development, the International 
Development Association, the International Finance Corporation, the 
Inter-American Development Bank, the International Monetary Fund, the 
Asian Development Bank, the Inter-American Investment Corporation, the 
North American Development Bank, the European Bank for Reconstruction 
and Development, the African Development Bank, and the African 
Development Fund to use the voice and vote of the United States to 
oppose any assistance by these institutions, using funds appropriated or 
made available pursuant to this Act, for the production or extraction of 
any commodity or mineral for export, if it is in surplus on world 
markets and if the assistance will cause substantial injury to United 
States producers of the same, similar, or competing commodity.

                        notification requirements

    Sec. 515. For the purposes of providing the executive branch with 
the necessary administrative flexibility, none of the funds made 
available under this Act for ``Child Survival and Health Programs 
Fund'', ``Development Assistance'', ``International Organizations and 
Programs'', ``Trade and Development Agency'', ``International Narcotics 
Control and Law Enforcement'', ``Andean Counterdrug Initiative'', 
``Assistance for Eastern Europe and the Baltic States'', ``Assistance 
for the Independent States of the Former Soviet Union'', ``Economic 
Support Fund'', ``Global HIV/AIDS Initiative'', ``Peacekeeping 
Operations'', ``Capital Investment Fund'', ``Operating Expenses of the 
United States Agency for International Development'', ``Operating 
Expenses of the United States Agency for International Development 
Office of Inspector General'', ``Nonproliferation, Anti-terrorism, 
Demining and Related Programs'', ``Millennium Challenge Corporation'' 
(by country only), ``Foreign Military Financing Program'', 
``International Military Education and Training'', ``Peace Corps'', and 
``Migration and Refugee Assistance'', shall be available for obligation 
for activities, programs, projects, type of materiel assistance, 
countries, or other operations not justified or in excess of the amount 
justified to the Committees on Appropriations for obligation under any 
of these specific headings unless the Committees on Appropriations of 
both Houses of Congress are previously notified 15 days in advance: 
Provided, That the President shall not enter into any commitment of 
funds appropriated for the purposes of section 23 of the Arms Export 
Control

[[Page 118 STAT. 2996]]

Act for the provision of major defense equipment, other than 
conventional ammunition, or other major defense items defined to be 
aircraft, ships, missiles, or combat vehicles, not previously justified 
to Congress or 20 percent in excess of the quantities justified to 
Congress unless the Committees on Appropriations are notified 15 days in 
advance of such commitment: Provided further, That this section shall 
not apply to any reprogramming for an activity, program, or project for 
which funds are appropriated under title II of this Act of less than 10 
percent of the amount previously justified to the Congress for 
obligation for such activity, program, or project for the current fiscal 
year: Provided further, That the requirements of this section or any 
similar provision of this Act or any other Act, including any prior Act 
requiring notification in accordance with the regular notification 
procedures of the Committees on Appropriations, may be waived if failure 
to do so would pose a substantial risk to human health or welfare: 
Provided further, <<NOTE: Deadline.>> That in case of any such waiver, 
notification to the Congress, or the appropriate congressional 
committees, shall be provided as early as practicable, but in no event 
later than 3 days after taking the action to which such notification 
requirement was applicable, in the context of the circumstances 
necessitating such waiver: Provided further, That any notification 
provided pursuant to such a waiver shall contain an explanation of the 
emergency circumstances.

limitation on availability of funds for international organizations and 
                                programs

    Sec. 516. Subject to the regular notification procedures of the 
Committees on Appropriations, funds appropriated under this Act or any 
previously enacted Act making appropriations for foreign operations, 
export financing, and related programs, which are returned or not made 
available for organizations and programs because of the implementation 
of section 307(a) of the Foreign Assistance Act of 1961, shall remain 
available for obligation until September 30, 2006.

              independent states of the former soviet union

    Sec. 517. (a) <<NOTE: 22 USC 5814 note.>> None of the funds 
appropriated under the heading ``Assistance for the Independent States 
of the Former Soviet Union'' shall be made available for assistance for 
a government of an Independent State of the former Soviet Union if that 
government directs any action in violation of the territorial integrity 
or national sovereignty of any other Independent State of the former 
Soviet Union, such as those violations included in the Helsinki Final 
Act: Provided, That such funds may be made available without regard to 
the restriction in this subsection if the President determines that to 
do so is in the national security interest of the United States.

    (b) None of the funds appropriated under the heading ``Assistance 
for the Independent States of the Former Soviet Union'' shall be made 
available for any state to enhance its military capability: Provided, 
That this restriction does not apply to demilitarization, demining or 
nonproliferation programs.
    (c) Funds appropriated under the heading ``Assistance for the 
Independent States of the Former Soviet Union'' for the Russian 
Federation, Armenia, Georgia, and Ukraine shall be subject to

[[Page 118 STAT. 2997]]

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

   PROHIBITION ON FUNDING FOR ABORTIONS AND INVOLUNTARY STERILIZATION

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

                  export financing transfer authorities

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

[[Page 118 STAT. 2998]]

                    special notification requirements

    Sec. 520. None of the funds appropriated by this Act shall be 
obligated or expended for Liberia, Serbia, Sudan, Zimbabwe, Pakistan, or 
Cambodia except as provided through the regular notification procedures 
of the Committees on Appropriations.

              definition of program, project, and activity

    Sec. 521. <<NOTE: Reports. Deadline.>> For the purpose of this Act 
``program, project, and activity'' shall be defined at the 
appropriations Act account level and shall include all appropriations 
and authorizations Acts earmarks, ceilings, and limitations with the 
exception that for the following accounts: Economic Support Fund and 
Foreign Military Financing Program ``program, project, and activity'' 
shall also be considered to include country, regional, and central 
program level funding within each such account; for the development 
assistance accounts of the United States Agency for International 
Development ``program, project, and activity'' shall also be considered 
to include central, country, regional, and program level funding, either 
as: (1) justified to the Congress; or (2) allocated by the executive 
branch in accordance with a report, to be provided to the Committees on 
Appropriations within 30 days of the enactment of this Act, as required 
by section 653(a) of the Foreign Assistance Act of 1961.

                  child survival and health activities

    Sec. 522. Up to $13,500,000 of the funds made available by this Act 
for assistance under the heading ``Child Survival and Health Programs 
Fund'', may be used to reimburse United States Government agencies, 
agencies of State governments, institutions of higher learning, and 
private and voluntary organizations for the full cost of individuals 
(including for the personal services of such individuals) detailed or 
assigned to, or contracted by, as the case may be, the United States 
Agency for International Development for the purpose of carrying out 
activities under that heading: Provided, That up to $3,500,000 of the 
funds made available by this Act for assistance under the heading 
``Development Assistance'' may be used to reimburse such agencies, 
institutions, and organizations for such costs of such individuals 
carrying out other development assistance activities: Provided 
further, <<NOTE: HIV/AIDS.>> That funds appropriated by titles II and 
III of this Act that are made available for bilateral assistance for 
child survival activities or disease programs including activities 
relating to research on, and the prevention, treatment and control of, 
HIV/AIDS may be made available notwithstanding any other provision of 
law except for the provisions under the heading ``Child Survival and 
Health Programs Fund'' and the United States Leadership Against HIV/
AIDS, Tuberculosis, and Malaria Act of 2003 (117 Stat. 711; 22 U.S.C. 
7601 et seq.), as amended: Provided further, That of the funds 
appropriated under title II of this Act, not less than $441,000,000 
shall be made available for family planning/reproductive health.

                               afghanistan

    Sec. 523. Of the funds appropriated by titles II and III of this 
Act, not less than $980,000,000 should be made available for 
humanitarian, reconstruction, and related assistance for

[[Page 118 STAT. 2999]]

Afghanistan: Provided, That of the funds made available pursuant to this 
section, not less than $2,000,000 should be made available for 
reforestation activities: Provided further, That funds made available 
pursuant to the previous proviso should be matched, to the maximum 
extent possible, with contributions from American and Afghan businesses: 
Provided further, That of <<NOTE: Human rights.>> the funds made 
available pursuant to this section, not less than $2,000,000 should be 
made available for the Afghan Independent Human Rights Commission and 
for other Afghan human rights organizations: Provided further, That to 
the maximum extent practicable members of the Afghan National Army 
should be vetted for involvement in terrorism, human rights violations, 
and drug trafficking: Provided further, That of the funds allocated for 
assistance for Afghanistan from this Act and other Acts making 
appropriations for foreign operations, export financing, and related 
programs for fiscal year 2005, not less than $50,000,000 should be made 
available to support programs that directly address the needs of Afghan 
women and girls, of which not less than $7,500,000 shall be made 
available for small grants to support training and equipment to improve 
the capacity of women-led Afghan nongovernmental organizations and to 
support the activities of such organizations.

                NOTIFICATION ON EXCESS DEFENSE EQUIPMENT

    Sec. 524. Prior to providing excess Department of Defense articles 
in accordance with section 516(a) of the Foreign Assistance Act of 1961, 
the Department of Defense shall notify the Committees on Appropriations 
to the same extent and under the same conditions as are other committees 
pursuant to subsection (f) of that section: Provided, That before 
issuing a letter of offer to sell excess defense articles under the Arms 
Export Control Act, the Department of Defense shall notify the 
Committees on Appropriations in accordance with the regular notification 
procedures of such Committees if such defense articles are significant 
military equipment (as defined in section 47(9) of the Arms Export 
Control Act) or are valued (in terms of original acquisition cost) at 
$7,000,000 or more, or if notification is required elsewhere in this Act 
for the use of appropriated funds for specific countries that would 
receive such excess defense articles: Provided further, That such 
Committees shall also be informed of the original acquisition cost of 
such defense articles.

                                HIV/AIDS

    Sec. 525. (a)(1) Notwithstanding any other provision of this Act, 25 
percent of the funds that are appropriated by this Act for a 
contribution to support the Global Fund to Fight AIDS, Tuberculosis and 
Malaria (the ``Global Fund'') shall be withheld from obligation to the 
Global Fund until the Secretary of State certifies to the Committees on 
Appropriations that the Global Fund--
            (A) is establishing a full time, professional, independent 
        office which reports directly to the Global Fund Board 
        regarding, among other things, the integrity of processes for 
        consideration and approval of grant proposals, and the 
        implementation, monitoring and evaluation of grants made by the 
        Global Fund;

[[Page 118 STAT. 3000]]

            (B) is strengthening domestic civil society participation, 
        especially for people living with HIV/AIDS, in country 
        coordinating mechanisms;
            (C) is establishing procedures to assess the need for, and 
        coordinate, technical assistance for Global Fund activities, in 
        cooperation with bilateral and multilateral donors;
            (D) has established clear progress indicators upon which to 
        determine the release of incremental disbursements;
            (E) is releasing such incremental disbursements only if 
        positive results have been attained based on those indicators; 
        and
            (F) is providing support and oversight to country-level 
        entities, such as country coordinating mechanisms, principal 
        recipients, and local Fund agents, to enable them to fulfill 
        their mandates.

    (2) The Secretary of State may waive paragraph (1) of this 
subsection if he determines and reports to the Committees on 
Appropriations that such waiver is important to the national interest of 
the United States.
    (b)(1) <<NOTE: 22 USC 7612a.>> In furtherance of the purposes of 
section 104A of the Foreign Assistance Act of 1961, and to assist in 
providing a safe, secure, reliable, and sustainable supply chain of 
pharmaceuticals and other products needed to provide care and treatment 
of persons with HIV/AIDS and related infections, the Coordinator of the 
United States Government Activities to Combat HIV/AIDS Globally (the 
``Coordinator'') is authorized to establish an HIV/AIDS Working Capital 
Fund (in this section referred to as the ``HIV/AIDS Fund'').

    (2) Funds deposited during any fiscal year in the HIV/AIDS Fund 
shall be available without fiscal year limitation and used for 
pharmaceuticals and other products needed to provide care and treatment 
of persons with HIV/AIDS and related infections, including, but not 
limited to--
            (A) anti-retroviral drugs;
            (B) other pharmaceuticals and medical items needed to 
        provide care and treatment to persons with HIV/AIDS and related 
        infections;
            (C) laboratory and other supplies for performing tests 
        related to the provision of care and treatment to persons with 
        HIV/AIDS and related infections;
            (D) other medical supplies needed for the operation of HIV/
        AIDS treatment and care centers, including products needed in 
        programs for the prevention of mother-to-child transmission;
            (E) pharmaceuticals and health commodities needed for the 
        provision of palliative care; and
            (F) laboratory and clinical equipment, as well as equipment 
        needed for the transportation and care of HIV/AIDS supplies, and 
        other equipment needed to provide prevention, care and treatment 
        of HIV/AIDS described above.

    (3) There may be deposited during any fiscal year in the HIV/AIDS 
Fund payments for HIV/AIDS pharmaceuticals and products provided from 
the HIV/AIDS Fund received from applicable appropriations and funds of 
the United States Agency for International Development, the Department 
of Health and Human Services, the Department of Defense, or other 
Federal agencies and other sources at actual cost of the HIV/AIDS 
pharmaceuticals and other products, actual cost plus the additional 
costs of providing such HIV/AIDS

[[Page 118 STAT. 3001]]

pharmaceuticals and other products, or at any other price agreed to by 
the Coordinator or his designee.
    (4) There may be deposited in the HIV/AIDS Fund payments for the 
loss of, or damage to, HIV/AIDS pharmaceuticals and products held in the 
HIV/AIDS Fund, rebates, reimbursements, refunds and other credits 
applicable to the operation of the HIV/AIDS Fund.
    (5) At the close of each fiscal year the Coordinator may transfer 
out of the HIV/AIDS Fund to other HIV/AIDS programmatic areas such 
amounts as the Coordinator determines to be in excess of the needs of 
the HIV/AIDS Fund.
    (6) <<NOTE: Reports.>> At the close of each fiscal year the 
Coordinator shall submit a report to the Committees on Appropriations 
detailing the financial activities of the HIV/AIDS Fund, including 
sources of income and information regarding disbursements.

                           democracy programs

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

[[Page 118 STAT. 3002]]

``Economic Support Fund'' not less than $4,500,000 shall be made 
available for programs and activities of the National Endowment for 
Democracy to foster democracy, human rights, civic education, women's 
development, press freedom, and the rule of law in countries in sub-
Saharan Africa.
    (c) Of the funds made available under subsection (a), not less than 
$15,000,000 shall be made available for the Human Rights and Democracy 
Fund of the Bureau of Democracy, Human Rights and Labor, Department of 
State, to support the activities described in subsection (a), and of the 
funds made available under subsection (b)(1), not less than $11,000,000 
shall be made available for such Fund to support the activities 
described in subsection (b)(1): Provided, That up to $1,200,000 may be 
used for the Reagan/Fascell Democracy Fellows program: Provided further, 
That the total amount of funds made available by this Act under 
``Economic Support Fund'' for activities of the Bureau of Democracy, 
Human Rights and Labor, Department of State, including funds available 
in this section, shall be not less than $37,000,000.
    (d) Of the funds made available under subsection (a), not less than 
$4,000,000 shall be made available for the National Endowment for 
Democracy to support the activities described in subsection (a), and of 
the funds made available under subsection (b)(1), not less than 
$4,000,000 shall be made available for the National Endowment for 
Democracy to support the activities described in subsection (b)(1): 
Provided, <<NOTE: Reports. Deadline.>> That the Secretary of State shall 
provide a report to the Committees on Appropriations within 120 days of 
the date of enactment of this Act on the status of the allocation and 
obligation of such funds.

       PROHIBITION ON BILATERAL ASSISTANCE TO TERRORIST COUNTRIES

    Sec. 527. (a) Funds appropriated for bilateral assistance under any 
heading of this Act and funds appropriated under any such heading in a 
provision of law enacted prior to the enactment of this Act, shall not 
be made available to any country which the President determines--
            (1) grants sanctuary from prosecution to any individual or 
        group which has committed an act of international terrorism; or
            (2) otherwise supports international terrorism.

    (b) The President may waive the application of subsection (a) to a 
country if the President determines that national security or 
humanitarian reasons justify such waiver. <<NOTE: President. Federal 
Register, publication. Deadline.>> The President shall publish each 
waiver in the Federal Register and, at least 15 days before the waiver 
takes effect, shall notify the Committees on Appropriations of the 
waiver (including the justification for the waiver) in accordance with 
the regular notification procedures of the Committees on Appropriations.

                          DEBT-FOR-DEVELOPMENT

    Sec. 528. In order to enhance the continued participation of 
nongovernmental organizations in debt-for-development and debt-for-
nature exchanges, a nongovernmental organization which is a grantee or 
contractor of the United States Agency for International Development may 
place in interest bearing accounts local currencies which accrue to that 
organization as a result of economic assistance provided under title II 
of this Act and, subject to the regular

[[Page 118 STAT. 3003]]

notification procedures of the Committees on Appropriations, any 
interest earned on such investment shall be used for the purpose for 
which the assistance was provided to that organization.

                            SEPARATE ACCOUNTS

    Sec. 529. (a) <<NOTE: 22 USC 2362 note.>> Separate Accounts for 
Local Currencies.--(1) If assistance is furnished to the government of a 
foreign country under chapters 1 and 10 of part I or chapter 4 of part 
II of the Foreign Assistance Act of 1961 under agreements which result 
in the generation of local currencies of that country, the Administrator 
of the United States Agency for International Development shall--
            (A) require that local currencies be deposited in a separate 
        account established by that government;
            (B) enter into an agreement with that government which sets 
        forth--
                    (i) the amount of the local currencies to be 
                generated; and
                    (ii) the terms and conditions under which the 
                currencies so deposited may be utilized, consistent with 
                this section; and
            (C) establish by agreement with that government the 
        responsibilities of the United States Agency for International 
        Development and that government to monitor and account for 
        deposits into and disbursements from the separate account.

    (2) Uses of local currencies.--As may be agreed upon with the 
foreign government, local currencies deposited in a separate account 
pursuant to subsection (a), or an equivalent amount of local currencies, 
shall be used only--
            (A) to carry out chapter 1 or 10 of part I or chapter 4 of 
        part II (as the case may be), for such purposes as--
                    (i) project and sector assistance activities; or
                    (ii) debt and deficit financing; or
            (B) for the administrative requirements of the United States 
        Government.

    (3) Programming accountability.--The United States Agency for 
International Development shall take all necessary steps to ensure that 
the equivalent of the local currencies disbursed pursuant to subsection 
(a)(2)(A) from the separate account established pursuant to subsection 
(a)(1) are used for the purposes agreed upon pursuant to subsection 
(a)(2).
    (4) Termination of assistance programs.--Upon termination of 
assistance to a country under chapter 1 or 10 of part I or chapter 4 of 
part II (as the case may be), any unencumbered balances of funds which 
remain in a separate account established pursuant to subsection (a) 
shall be disposed of for such purposes as may be agreed to by the 
government of that country and the United States Government.
    (5) Reporting requirement.--The Administrator of the United States 
Agency for International Development shall report on an annual basis as 
part of the justification documents submitted to the Committees on 
Appropriations on the use of local currencies for the administrative 
requirements of the United States Government as authorized in subsection 
(a)(2)(B), and such report shall include the amount of local currency 
(and United States dollar equivalent) used and/or to be used for such 
purpose in each applicable country.

[[Page 118 STAT. 3004]]

    (b) Separate Accounts for Cash Transfers.--(1) If assistance is made 
available to the government of a foreign country, under chapter 1 or 10 
of part I or chapter 4 of part II of the Foreign Assistance Act of 1961, 
as cash transfer assistance or as nonproject sector assistance, that 
country shall be required to maintain such funds in a separate account 
and not commingle them with any other funds.
    (2) Applicability of other provisions of law.--Such funds may be 
obligated and expended notwithstanding provisions of law which are 
inconsistent with the nature of this assistance including provisions 
which are referenced in the Joint Explanatory Statement of the Committee 
of Conference accompanying House Joint Resolution 648 (House Report No. 
98-1159).
    (3) <<NOTE: President.>> Notification.--At least 15 days prior to 
obligating any such cash transfer or nonproject sector assistance, the 
President shall submit a notification through the regular notification 
procedures of the Committees on Appropriations, which shall include a 
detailed description of how the funds proposed to be made available will 
be used, with a discussion of the United States interests that will be 
served by the assistance (including, as appropriate, a description of 
the economic policy reforms that will be promoted by such assistance).

    (4) Exemption.--Nonproject sector assistance funds may be exempt 
from the requirements of subsection (b)(1) only through the notification 
procedures of the Committees on Appropriations.

                      enterprise fund restrictions

    Sec. 530. (a) Prior to the distribution of any assets resulting from 
any liquidation, dissolution, or winding up of an Enterprise Fund, in 
whole or in part, the President shall submit to the Committees on 
Appropriations, in accordance with the regular notification procedures 
of the Committees on Appropriations, a plan for the distribution of the 
assets of the Enterprise Fund.
    (b) Funds made available by this Act for Enterprise Funds shall be 
expended at the minimum rate necessary to make timely payment for 
projects and activities.

                                  burma

    Sec. 531. (a) <<NOTE: 50 USC 1701 note.>> The Secretary of the 
Treasury shall instruct the United States executive director to each 
appropriate international financial institution in which the United 
States participates, to oppose and vote against the extension by such 
institution of any loan or financial or technical assistance or any 
other utilization of funds of the respective bank to and for Burma.

    (b) Of the funds appropriated under the heading ``Economic Support 
Fund'', not less than $8,000,000 shall be made available to support 
democracy activities in Burma, along the Burma-Thailand border, for 
activities of Burmese student groups and other organizations located 
outside Burma, and for the purpose of supporting the provision of 
humanitarian assistance to displaced Burmese along Burma's borders: 
Provided, That funds made available under this heading may be made 
available notwithstanding any other provision of law: Provided further, 
That in addition to assistance for Burmese refugees provided under the 
heading ``Migration and Refugee Assistance'' in this Act, not less than 
$4,000,000 shall

[[Page 118 STAT. 3005]]

be allocated to the United States Agency for International Development 
for humanitarian assistance for displaced Burmese and host communities 
in Thailand: Provided further, That funds made available under this 
section shall be subject to the regular notification procedures of the 
Committees on Appropriations.
    (c) <<NOTE: President.>> The President shall include amounts 
expended by the Global Fund to Fight AIDS, Tuberculosis and Malaria to 
the State Peace and Development Council in Burma, directly or through 
groups and organizations affiliated with the Global Fund, in making 
determinations regarding the amount to be withheld by the United States 
from its contribution to the Global Fund pursuant to section 
202(d)(4)(A)(ii) of Public Law 108-25.

 authorities for the peace corps, inter-american foundation and african 
                         development foundation

    Sec. 532. Unless expressly provided to the contrary, provisions of 
this or any other Act, including provisions contained in prior Acts 
authorizing or making appropriations for foreign operations, export 
financing, and related programs, shall not be construed to prohibit 
activities authorized by or conducted under the Peace Corps Act, the 
Inter-American Foundation Act or the African Development Foundation 
Act. <<NOTE: Reports.>> The agency shall promptly report to the 
Committees on Appropriations whenever it is conducting activities or is 
proposing to conduct activities in a country for which assistance is 
prohibited.

                   impact on jobs in the united states

    Sec. 533. None of the funds appropriated by this Act may be 
obligated or expended to provide--
            (1) any financial incentive to a business enterprise 
        currently located in the United States for the purpose of 
        inducing such an enterprise to relocate outside the United 
        States if such incentive or inducement is likely to reduce the 
        number of employees of such business enterprise in the United 
        States because United States production is being replaced by 
        such enterprise outside the United States; or
            (2) assistance for any program, project, or activity that 
        contributes to the violation of internationally recognized 
        workers rights, as defined in section 507(4) of the Trade Act of 
        1974, of workers in the recipient country, including any 
        designated zone or area in that country: Provided, That the 
        application of section 507(4)(D) and (E) of such Act should be 
        commensurate with the level of development of the recipient 
        country and sector, and shall not preclude assistance for the 
        informal sector in such country, micro and small-scale 
        enterprise, and smallholder agriculture.

                           special authorities

    Sec. 534. (a) Afghanistan, Pakistan, Lebanon, Montenegro, Victims of 
War, Displaced Children, and Displaced Burmese.--Funds appropriated by 
this Act that are made available for assistance for Afghanistan may be 
made available notwithstanding section 512 of this Act or any similar 
provision of law and section 660 of the Foreign Assistance Act of 1961, 
and funds appropriated in titles I and II of this Act that are made 
available for Lebanon,

[[Page 118 STAT. 3006]]

Montenegro, Pakistan, and for victims of war, displaced children, and 
displaced Burmese, and to assist victims of trafficking in persons and, 
subject to the regular notification procedures of the Committees on 
Appropriations, to combat such trafficking, may be made available 
notwithstanding any other provision of law.
    (b) Tropical Forestry and Biodiversity Conservation Activities.--
Funds appropriated by this Act to carry out the provisions of sections 
103 through 106, and chapter 4 of part II, of the Foreign Assistance Act 
of 1961 may be used, notwithstanding any other provision of law, for the 
purpose of supporting tropical forestry and biodiversity conservation 
activities and energy programs aimed at reducing greenhouse gas 
emissions: Provided, That such assistance shall be subject to sections 
116, 502B, and 620A of the Foreign Assistance Act of 1961.
    (c) Personal Services Contractors.--Funds appropriated by this Act 
to carry out chapter 1 of part I, chapter 4 of part II, and section 667 
of the Foreign Assistance Act of 1961, and title II of the Agricultural 
Trade Development and Assistance Act of 1954, may be used by the United 
States Agency for International Development to employ up to 25 personal 
services contractors in the United States, notwithstanding any other 
provision of law, for the purpose of providing direct, interim support 
for new or expanded overseas programs and activities managed by the 
agency until permanent direct hire personnel are hired and trained: 
Provided, That not more than 10 of such contractors shall be assigned to 
any bureau or office: Provided further, That such funds appropriated to 
carry out title II of the Agricultural Trade Development and Assistance 
Act of 1954, may be made available only for personal services 
contractors assigned to the Office of Food for Peace.
    (d)(1) Waiver.--The President may waive the provisions of section 
1003 of Public Law 100-204 if the President determines and certifies in 
writing to the Speaker of the House of Representatives and the President 
pro tempore of the Senate that it is important to the national security 
interests of the United States.
    (2) Period of Application of Waiver.--Any waiver pursuant to 
paragraph (1) shall be effective for no more than a period of 6 months 
at a time and shall not apply beyond 12 months after the enactment of 
this Act.
    (e) Small Business.--In entering into multiple award indefinite-
quantity contracts with funds appropriated by this Act, the United 
States Agency for International Development may provide an exception to 
the fair opportunity process for placing task orders under such 
contracts when the order is placed with any category of small or small 
disadvantaged business.
    (f) Contingencies.--During fiscal year 2005, the President may use 
up to $45,000,000 under the authority of section 451 of the Foreign 
Assistance Act of 1961, notwithstanding the funding ceiling in section 
451(a).
    (g) Reconstituting Civilian Police Authority.--In providing 
assistance with funds appropriated by this Act under section 660(b)(6) 
of the Foreign Assistance Act of 1961, support for a nation emerging 
from instability may be deemed to mean support for regional, district, 
municipal, or other sub-national entity emerging from instability, as 
well as a nation emerging from instability.
    (h) World Food Program.--Of the funds managed by the Bureau for 
Democracy, Conflict, and Humanitarian Assistance of

[[Page 118 STAT. 3007]]

the United States Agency for International Development, from this or any 
other Act, not less than $6,000,000 shall be made available as a general 
contribution to the World Food Program, notwithstanding any other 
provision of law.
    (i) National Endowment for Democracy.--Funds appropriated by this 
Act that are provided to the National Endowment for Democracy may be 
provided notwithstanding any other provision of law or regulation.
    (j) <<NOTE: 22 USC 7831.>> Technical Amendment.--Section 201(a)(2) 
of the North Korean Human Rights Act of 2004 (Public Law 108-333) is 
amended by striking ``paragraphs (1) through (4) of section 202(b)'' and 
inserting ``subparagraphs (A) through (D) of section 202(b)(1)''.

    (k) Report Modification.--Section 406(b)(4) of the Foreign Relations 
Authorization Act, Fiscal Years 1990 and 1991 (Public Law 101-246; 22 
U.S.C. 2414a(b)(4)) is amended by inserting after ``United States'' the 
following: ``, including a separate listing of all plenary votes cast by 
member countries of the United Nations in the General Assembly on 
resolutions specifically related to Israel that are opposed by the 
United States''.
    (l) University Programs.--Notwithstanding any other provision of 
law, funds made available in this Act under the heading ``Development 
Assistance'' may be made available to American educational institutions 
for programs and activities in the People's Republic of China relating 
to the environment, democracy, and the rule of law: Provided, That funds 
made available pursuant to this authority shall be subject to the 
regular notification procedures of the Committees on Appropriations.
    (m) Indochinese Parolees.--Section 586 of the Foreign Operations, 
Export Financing, and Related Programs Appropriations Act, 2001 (8 
U.S.C. 1255 note), as enacted into law by section 101(a) of Public Law 
106-429, is amended--
            (1) by striking ``Attorney General'' each place that term 
        appears and inserting ``Secretary of Homeland Security'';
            (2) in subsection (a)--
                    (A) in the matter preceding paragraph (1), by 
                striking ``she'' and inserting ``the Secretary of 
                Homeland Security''; and
                    (B) in paragraph (1), <<NOTE: Regulations.>> by 
                striking ``within three years after the date of 
                promulgation by the Attorney General of regulations in 
                connection with this title'';
            (3) in subsection (c), by striking ``212(8)(A)'' and 
        inserting ``212(a)(8)(A)'';
            (4) by striking subsection (d);
            (5) by redesignating subsections (e) and (f) as subsections 
        (d) and (e), respectively;
            (6) by adding at the end the following new subsection:

    ``(f) Adjudication of Applications.--The Secretary of Homeland 
Security shall--
            ``(1) adjudicate applications for adjustment under this 
        section, notwithstanding any limitation on the number of 
        adjustments under this section or any deadline for such 
        applications that previously existed in law or regulation; and
            ``(2) not charge a fee in addition to any fee that 
        previously was submitted with such application.''; and
            (7) <<NOTE: Effective date. 8 USC 1255 note.>> The 
        amendments made by this subsection shall take effect as if 
        enacted as part of the Foreign Operations, Export Financing, and 
        Related Programs Appropriations Act, 2001.

[[Page 118 STAT. 3008]]

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

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

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

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

                      ARAB LEAGUE BOYCOTT OF ISRAEL

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

[[Page 118 STAT. 3009]]

            (3) the three Arab League countries with diplomatic and 
        trade relations with Israel should return their ambassadors to 
        Israel, should refrain from downgrading their relations with 
        Israel, and should play a constructive role in securing a 
        peaceful resolution of the Israeli-Arab conflict;
            (4) the remaining Arab League states should normalize 
        relations with their neighbor Israel;
            (5) the President and the Secretary of State should continue 
        to vigorously oppose the Arab League boycott of Israel and find 
        concrete steps to demonstrate that opposition by, for example, 
        taking into consideration the participation of any recipient 
        country in the boycott when determining to sell weapons to said 
        country; and
            (6) <<NOTE: President. Reports.>> the President should 
        report to Congress annually on specific steps being taken by the 
        United States to encourage Arab League states to normalize their 
        relations with Israel to bring about the termination of the Arab 
        League boycott of Israel, including those to encourage allies 
        and trading partners of the United States to enact laws 
        prohibiting businesses from complying with the boycott and 
        penalizing businesses that do comply.

                       eligibility for assistance

    Sec. 536. (a) Assistance Through Nongovernmental Organizations.--
Restrictions contained in this or any other Act with respect to 
assistance for a country shall not be construed to restrict assistance 
in support of programs of nongovernmental organizations from funds 
appropriated by this Act to carry out the provisions of chapters 1, 10, 
11, and 12 of part I and chapter 4 of part II of the Foreign Assistance 
Act of 1961, and from funds appropriated under the heading ``Assistance 
for Eastern Europe and the Baltic States'': 
Provided, <<NOTE: President. Notification.>> That before using the 
authority of this subsection to furnish assistance in support of 
programs of nongovernmental organizations, the President shall notify 
the Committees on Appropriations under the regular notification 
procedures of those committees, including a description of the program 
to be assisted, the assistance to be provided, and the reasons for 
furnishing such assistance: Provided further, That nothing in this 
subsection shall be construed to alter any existing statutory 
prohibitions against abortion or involuntary sterilizations contained in 
this or any other Act.

    (b) Public Law 480.--During fiscal year 2005, restrictions contained 
in this or any other Act with respect to assistance for a country shall 
not be construed to restrict assistance under the Agricultural Trade 
Development and Assistance Act of 1954: Provided, That none of the funds 
appropriated to carry out title I of such Act and made available 
pursuant to this subsection may be obligated or expended except as 
provided through the regular notification procedures of the Committees 
on Appropriations.
    (c) Exception.--This section shall not apply--
            (1) with respect to section 620A of the Foreign Assistance 
        Act of 1961 or any comparable provision of law prohibiting 
        assistance to countries that support international terrorism; or
            (2) with respect to section 116 of the Foreign Assistance 
        Act of 1961 or any comparable provision of law prohibiting

[[Page 118 STAT. 3010]]

        assistance to the government of a country that violates 
        internationally recognized human rights.

                          reservations of funds

    Sec. 537. (a) Funds appropriated by this Act which are earmarked may 
be reprogrammed for other programs within the same account 
notwithstanding the earmark if compliance with the earmark is made 
impossible by operation of any provision of this or any other Act: 
Provided, That any such reprogramming shall be subject to the regular 
notification procedures of the Committees on Appropriations: Provided 
further, That assistance that is reprogrammed pursuant to this 
subsection shall be made available under the same terms and conditions 
as originally provided.
    (b) In addition to the authority contained in subsection (a), the 
original period of availability of funds appropriated by this Act and 
administered by the United States Agency for International Development 
that are earmarked for particular programs or activities by this or any 
other Act shall be extended for an additional fiscal year if the 
Administrator of such agency determines and reports promptly to the 
Committees on Appropriations that the termination of assistance to a 
country or a significant change in circumstances makes it unlikely that 
such earmarked funds can be obligated during the original period of 
availability: Provided, That such earmarked funds that are continued 
available for an additional fiscal year shall be obligated only for the 
purpose of such earmark.

                          ceilings and earmarks

    Sec. 538. Ceilings and earmarks contained in this Act shall not be 
applicable to funds or authorities appropriated or otherwise made 
available by any subsequent Act unless such Act specifically so directs. 
Earmarks or minimum funding requirements contained in any other Act 
shall not be applicable to funds appropriated by this Act.

                 prohibition on publicity or propaganda

    Sec. 539. No part of any appropriation contained in this Act shall 
be used for publicity or propaganda purposes within the United States 
not authorized before the date of the enactment of this Act by the 
Congress: Provided, That not to exceed $750,000 may be made available to 
carry out the provisions of section 316 of Public Law 96-533.

            prohibition of payments to united nations members

    Sec. 540. None of the funds appropriated or made available pursuant 
to this Act for carrying out the Foreign Assistance Act of 1961, may be 
used to pay in whole or in part any assessments, arrearages, or dues of 
any member of the United Nations or, from funds appropriated by this Act 
to carry out chapter 1 of part I of the Foreign Assistance Act of 1961, 
the costs for participation of another country's delegation at 
international conferences held under the auspices of multilateral or 
international organizations.

[[Page 118 STAT. 3011]]

              nongovernmental organizations--documentation

    Sec. 541. None of the funds appropriated or made available pursuant 
to this Act shall be available to a nongovernmental organization which 
fails to provide upon timely request any document, file, or record 
necessary to the auditing requirements of the United States Agency for 
International Development.

  Prohibition on Assistance to Foreign Governments that Export Lethal 
   Military Equipment to Countries Supporting International Terrorism

    Sec. 542. (a) None of the funds appropriated or otherwise made 
available by this Act may be available to any foreign government which 
provides lethal military equipment to a country the government of which 
the Secretary of State has determined is a terrorist government for 
purposes of section 6(j) of the Export Administration 
Act. <<NOTE: Termination date.>> The prohibition under this section with 
respect to a foreign government shall terminate 12 months after that 
government ceases to provide such military 
equipment. <<NOTE: Applicability.>> This section applies with respect to 
lethal military equipment provided under a contract entered into after 
October 1, 1997.

    (b) Assistance restricted by subsection (a) or any other similar 
provision of law, may be furnished if the President determines that 
furnishing such assistance is important to the national interests of the 
United States.
    (c) <<NOTE: President. Reports.>> Whenever the waiver authority of 
subsection (b) is exercised, the President shall submit to the 
appropriate congressional committees a report with respect to the 
furnishing of such assistance. Any such report shall include a detailed 
explanation of the assistance to be provided, including the estimated 
dollar amount of such assistance, and an explanation of how the 
assistance furthers United States national interests.

withholding of assistance for parking fines and real property taxes owed 
                          by foreign countries

    Sec. 543. <<NOTE: Certification.>> (a) Subject to subsection (c), of 
the funds appropriated by this Act that are made available for 
assistance for a foreign country, an amount equal to 110 percent of the 
total amount of the unpaid fully adjudicated parking fines and penalties 
and unpaid property taxes owed by the central government of such country 
shall be withheld from obligation for assistance for the central 
government of such country until the Secretary of State submits a 
certification to the appropriate congressional committees stating that 
such parking fines and penalties and unpaid property taxes are fully 
paid.

    (b) Funds withheld from obligation pursuant to subsection (a) may be 
made available for other programs or activities funded by this Act, 
after consultation with and subject to the regular notification 
procedures of the appropriate congressional committees, provided that no 
such funds shall be made available for assistance for the central 
government of a foreign country that has not paid the total amount of 
the fully adjudicated parking fines and penalties and unpaid property 
taxes owed by such country.
    (c) Subsection (a) shall not include amounts that have been withheld 
under any other provision of law.

[[Page 118 STAT. 3012]]

    (d)(1) The Secretary of State may waive the requirements set forth 
in subsection (a) with respect to parking fines and penalties no sooner 
than 60 days from the date of enactment of this Act, or at any time with 
respect to a particular country, if the Secretary determines that it is 
in the national interests of the United States to do so.
    (2) The Secretary of State may waive the requirements set forth in 
subsection (a) with respect to the unpaid property taxes if the 
Secretary of State determines that it is in the national interests of 
the United States to do so.
    (e) <<NOTE: Deadline. Reports.>> Not later than 6 months after the 
initial exercise of the waiver authority in subsection (d), the 
Secretary of State, after consultations with the City of New York, shall 
submit a report to the Committees on Appropriations describing a 
strategy, including a timetable and steps currently being taken, to 
collect the parking fines and penalties and unpaid property taxes and 
interest owed by nations receiving foreign assistance under this Act.

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

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

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

[[Page 118 STAT. 3013]]

or to suspend the prohibition under other legislation, funds 
appropriated by this Act may not be obligated for assistance for the 
Palestine Liberation Organization for the West Bank and Gaza.

                      war crimes tribunals drawdown

    Sec. 545. If the President determines that doing so will contribute 
to a just resolution of charges regarding genocide or other violations 
of international humanitarian law, the President may direct a drawdown 
pursuant to section 552(c) of the Foreign Assistance Act of 1961 of up 
to $30,000,000 of commodities and services for the United Nations War 
Crimes Tribunal established with regard to the former Yugoslavia by the 
United Nations Security Council or such other tribunals or commissions 
as the Council may establish or authorize to deal with such violations, 
without regard to the ceiling limitation contained in paragraph (2) 
thereof: Provided, That the determination required under this section 
shall be in lieu of any determinations otherwise required under section 
552(c): Provided further, That the drawdown made under this section for 
any tribunal shall not be construed as an endorsement or precedent for 
the establishment of any standing or permanent international criminal 
tribunal or court: Provided further, That funds made available for 
tribunals other than Yugoslavia, Rwanda, or the Special Court for Sierra 
Leone shall be made available subject to the regular notification 
procedures of the Committees on Appropriations.

                                landmines

    Sec. 546. Notwithstanding any other provision of law, demining 
equipment available to the United States Agency for International 
Development and the Department of State and used in support of the 
clearance of landmines and unexploded ordnance for humanitarian purposes 
may be disposed of on a grant basis in foreign countries, subject to 
such terms and conditions as the President may prescribe.

            restrictions concerning the palestinian authority

    Sec. 547. None of the funds appropriated by this Act may be 
obligated or expended to create in any part of Jerusalem a new office of 
any department or agency of the United States Government for the purpose 
of conducting official United States Government business with the 
Palestinian Authority over Gaza and Jericho or any successor Palestinian 
governing entity provided for in the Israel-PLO Declaration of 
Principles: Provided, That this restriction shall not apply to the 
acquisition of additional space for the existing Consulate General in 
Jerusalem: Provided further, That meetings between officers and 
employees of the United States and officials of the Palestinian 
Authority, or any successor Palestinian governing entity provided for in 
the Israel-PLO Declaration of Principles, for the purpose of conducting 
official United States Government business with such authority should 
continue to take place in locations other than Jerusalem. As has been 
true in the past, officers and employees of the United States Government 
may continue to meet in Jerusalem on other subjects with Palestinians 
(including those who now occupy positions in the Palestinian Authority), 
have social contacts, and have incidental discussions.

[[Page 118 STAT. 3014]]

               prohibition of payment of certain expenses

    Sec. 548. None of the funds appropriated or otherwise made available 
by this Act under the heading ``International Military Education and 
Training'' or ``Foreign Military Financing Program'' for Informational 
Program activities or under the headings ``Child Survival and Health 
Programs Fund'', ``Development Assistance'', and ``Economic Support 
Fund'' may be obligated or expended to pay for--
            (1) alcoholic beverages; or
            (2) entertainment expenses for activities that are 
        substantially of a recreational character, including but not 
        limited to entrance fees at sporting events, theatrical and 
        musical productions, and amusement parks.

                                  Haiti

    Sec. 549. (a) Of the funds appropriated by this Act, not less than 
the following amounts shall be made available for assistance for Haiti--
            (1) $20,000,000 from ``Child Survival and Health Programs 
        Fund'';
            (2) $25,000,000 from ``Development Assistance'', of which 
        funds should be made available for poverty reduction, 
        agriculture, environment, and basic education programs; and
            (3) $40,000,000 from ``Economic Support Fund'', of which 
        funds should be made available for judicial reform programs, 
        police training, and activities in support of national 
        elections.

    (b) The Government of Haiti shall be eligible to purchase defense 
articles and services under the Arms Export Control Act (22 U.S.C. 2751 
et seq.), for the Coast Guard.

          limitation on assistance to the palestinian authority

    Sec. 550. (a) Prohibition of Funds.--None of the funds appropriated 
by this Act to carry out the provisions of chapter 4 of part II of the 
Foreign Assistance Act of 1961 may be obligated or expended with respect 
to providing funds to the Palestinian Authority.
    (b) <<NOTE: President. Certification.>> Waiver.--The prohibition 
included in subsection (a) shall not apply if the President certifies in 
writing to the Speaker of the House of Representatives and the President 
pro tempore of the Senate that waiving such prohibition is important to 
the national security interests of the United States.

    (c) <<NOTE: Termination date.>> Period of Application of Waiver.--
Any waiver pursuant to subsection (b) shall be effective for no more 
than a period of 6 months at a time and shall not apply beyond 12 months 
after the enactment of this Act.

    (d) <<NOTE: President.>> Report.--Whenever the waiver authority 
pursuant to subsection (b) is exercised, the President shall submit a 
report to the Committees on Appropriations detailing the steps the 
Palestinian Authority has taken to arrest terrorists, confiscate weapons 
and dismantle the terrorist infrastructure. The report shall also 
include a description of how funds will be spent and the accounting 
procedures in place to ensure that they are properly disbursed.

[[Page 118 STAT. 3015]]

               limitation on assistance to security forces

    Sec. 551. None of the <<NOTE: Human rights.>> funds made available 
by this Act may be provided to any unit of the security forces of a 
foreign country if the Secretary of State has credible evidence that 
such unit has committed gross violations of human rights, unless the 
Secretary determines and reports to the Committees on Appropriations 
that the government of such country is taking effective measures to 
bring the responsible members of the security forces unit to justice: 
Provided, That nothing in this section shall be construed to withhold 
funds made available by this Act from any unit of the security forces of 
a foreign country not credibly alleged to be involved in gross 
violations of human rights: Provided further, That in the event that 
funds are withheld from any unit pursuant to this section, the Secretary 
of State shall promptly inform the foreign government of the basis for 
such action and shall, to the maximum extent practicable, assist the 
foreign government in taking effective measures to bring the responsible 
members of the security forces to justice.

                    FOREIGN MILITARY TRAINING REPORT

    Sec. 552. The annual foreign military training report required by 
section 656 of the Foreign Assistance Act of 1961 shall be submitted by 
the Secretary of Defense and the Secretary of State to the Committees on 
Appropriations of the House of Representatives and the Senate by the 
date specified in that section.

                        AUTHORIZATION REQUIREMENT

    Sec. 553. Funds appropriated by this Act, except funds appropriated 
under the headings ``Trade and Development Agency'', ``Millennium 
Challenge Corporation'', ``Overseas Private Investment Corporation'', 
and ``Global HIV/AIDS Initiative'', may be obligated and expended 
notwithstanding section 10 of Public Law 91-672 and section 15 of the 
State Department Basic Authorities Act of 1956.

                                cambodia

    Sec. 554. (a) The Secretary of the Treasury should instruct the 
United States executive directors of the international financial 
institutions to use the voice and vote of the United States to oppose 
loans to the Central Government of Cambodia, except loans to meet basic 
human needs.
    (b)(1) None of the funds appropriated by this Act may be made 
available for assistance for the Central Government of Cambodia.
    (2) Paragraph (1) shall not apply to assistance for basic education, 
reproductive and maternal and child health, cultural and historic 
preservation, programs for the prevention, treatment, and control of, 
and research on, HIV/AIDS, tuberculosis, malaria, polio and other 
infectious diseases, development and implementation of legislation and 
implementation of procedures on inter-country adoptions consistent with 
international standards, rule of law programs, counternarcotics 
programs, programs to combat human trafficking that are provided through 
nongovernmental organizations, and for the Ministry of Women and 
Veterans Affairs to combat human trafficking.

[[Page 118 STAT. 3016]]

    (c) Notwithstanding subsection (b), of the funds appropriated by 
this Act under the heading ``Economic Support Fund'', up to $4,000,000 
may be made available for activities to support democracy, including 
assistance for democratic political parties.
    (d) <<NOTE: Deadline.>> Funds appropriated by this Act to carry out 
provisions of section 541 of the Foreign Assistance Act of 1961 may be 
made available notwithstanding subsection (b) only if at least 15 days 
prior to the obligation of such funds, the Secretary of State provides 
to the Committees on Appropriations a list of those individuals who have 
been credibly alleged to have ordered or carried out extra-judicial and 
political killings that occurred during the March 1997 grenade attack 
against the Khmer Nation Party.

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

                          palestinian statehood

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

[[Page 118 STAT. 3017]]

                    (E) a framework for achieving a just settlement of 
                the refugee problem.

    (b) Sense of Congress.--It is the sense of Congress that the newly-
elected governing entity should enact a constitution assuring the rule 
of law, an independent judiciary, and respect for human rights for its 
citizens, and should enact other laws and regulations assuring 
transparent and accountable governance.
    (c) Waiver.--The President may waive subsection (a) if he determines 
that it is vital to the national security interests of the United States 
to do so.
    (d) Exemption.--The restriction in subsection (a) shall not apply to 
assistance intended to help reform the Palestinian Authority and 
affiliated institutions, or a newly-elected governing entity, in order 
to help meet the requirements of subsection (a), consistent with the 
provisions of section 550 of this Act (``Limitation on Assistance to the 
Palestinian Authority'').

                                COLOMBIA

    Sec. 556. (a) Determination and Certification Required.--
Notwithstanding any other provision of law, funds appropriated by this 
Act that are available for assistance for the Colombian Armed Forces, 
may be made available as follows:
            (1) Up to 75 percent of such funds may be obligated prior to 
        a determination and certification by the Secretary of State 
        pursuant to paragraph (2).
            (2) Up to 12.5 percent of such funds may be obligated only 
        after the Secretary of State certifies and reports to the 
        appropriate congressional committees that:
                    (A) The Commander General of the Colombian Armed 
                Forces is suspending from the Armed Forces those 
                members, of whatever rank who, according to the Minister 
                of Defense or the Procuraduria General de la Nacion, 
                have been credibly alleged to have committed gross 
                violations of human rights, including extra-judicial 
                killings, or to have aided or abetted paramilitary 
                organizations.
                    (B) The Colombian Government is vigorously 
                investigating and prosecuting those members of the 
                Colombian Armed Forces, of whatever rank, who have been 
                credibly alleged to have committed gross violations of 
                human rights, including extra-judicial killings, or to 
                have aided or abetted paramilitary organizations, and is 
                promptly punishing those members of the Colombian Armed 
                Forces found to have committed such violations of human 
                rights or to have aided or abetted paramilitary 
                organizations.
                    (C) The Colombian Armed Forces have made substantial 
                progress in cooperating with civilian prosecutors and 
                judicial authorities in such cases (including providing 
                requested information, such as the identity of persons 
                suspended from the Armed Forces and the nature and cause 
                of the suspension, and access to witnesses, relevant 
                military documents, and other requested information).
                    (D) The Colombian Armed Forces have made substantial 
                progress in severing links (including denying access to 
                military intelligence, vehicles, and other equipment or 
                supplies, and ceasing other forms of active or tacit 
                cooperation) at the command, battalion, and brigade 
                levels, with

[[Page 118 STAT. 3018]]

                paramilitary organizations, especially in regions where 
                these organizations have a significant presence.
                    (E) The Colombian Government is dismantling 
                paramilitary leadership and financial networks by 
                arresting commanders and financial backers, especially 
                in regions where these networks have a significant 
                presence.
            (3) The balance of such funds may be obligated after July 
        31, 2005, if the Secretary of State certifies and reports to the 
        appropriate congressional committees, after such date, that the 
        Colombian Armed Forces are continuing to meet the conditions 
        contained in paragraph (2) and are conducting vigorous 
        operations to restore government authority and respect for human 
        rights in areas under the effective control of paramilitary and 
        guerrilla organizations.

    (b) Congressional Notification.--Funds made available by this Act 
for the Colombian Armed Forces shall be subject to the regular 
notification procedures of the Committees on Appropriations.
    (c) <<NOTE: Deadlines. Termination date.>> Consultative Process.--
Not later than 60 days after the date of enactment of this Act, and 
every 90 days thereafter until September 30, 2006, the Secretary of 
State shall consult with internationally recognized human rights 
organizations regarding progress in meeting the conditions contained in 
that subsection.

    (d) Definitions.--In this section:
            (1) Aided or abetted.--The term ``aided or abetted'' means 
        to provide any support to paramilitary groups, including taking 
        actions which allow, facilitate, or otherwise foster the 
        activities of such groups.
            (2) Paramilitary groups.--The term ``paramilitary groups'' 
        means illegal self-defense groups and illegal security 
        cooperatives.

                          ILLEGAL ARMED GROUPS

    Sec. 557. (a) Denial of Visas to Supporters of Colombian Illegal 
Armed Groups.--Subject to subsection (b), the Secretary of State shall 
not issue a visa to any alien who the Secretary determines, based on 
credible evidence--
            (1) has willfully provided any support to the Revolutionary 
        Armed Forces of Colombia (FARC), the National Liberation Army 
        (ELN), or the United Self-Defense Forces of Colombia (AUC), 
        including taking actions or failing to take actions which allow, 
        facilitate, or otherwise foster the activities of such groups; 
        or
            (2) has committed, ordered, incited, assisted, or otherwise 
        participated in the commission of gross violations of human 
        rights, including extra-judicial killings, in Colombia.

    (b) <<NOTE: Certification.>> Waiver.--Subsection (a) shall not apply 
if the Secretary of State determines and certifies to the appropriate 
congressional committees, on a case-by-case basis, that the issuance of 
a visa to the alien is necessary to support the peace process in 
Colombia or for urgent humanitarian reasons.

  PROHIBITION ON ASSISTANCE TO THE PALESTINIAN BROADCASTING CORPORATION

    Sec. 558. None of the funds appropriated or otherwise made available 
by this Act may be used to provide equipment, technical

[[Page 118 STAT. 3019]]

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

                       west bank and gaza program

    Sec. 559. <<NOTE: Deadline. Certification.>> (a) Oversight.--For 
fiscal year 2005, 30 days prior to the initial obligation of funds for 
the bilateral West Bank and Gaza Program, the Secretary of State shall 
certify to the appropriate committees of Congress that procedures have 
been established to assure the Comptroller General of the United States 
will have access to appropriate United States financial information in 
order to review the uses of United States assistance for the Program 
funded under the heading ``Economic Support Fund'' for the West Bank and 
Gaza.

    (b) Vetting.--Prior to the obligation of funds appropriated by this 
Act under the heading ``Economic Support Fund'' for assistance for the 
West Bank and Gaza, the Secretary of State shall take all appropriate 
steps to ensure that such assistance is not provided to or through any 
individual, private or government entity, or educational institution 
that the Secretary knows or has reason to believe advocates, plans, 
sponsors, engages in, or has engaged in, terrorist 
activity. <<NOTE: Procedures.>> The Secretary of State shall, as 
appropriate, establish procedures specifying the steps to be taken in 
carrying out this subsection and shall terminate assistance to any 
individual, entity, or educational institution which he has determined 
to be involved in or advocating terrorist activity.

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

             contributions to united nations population fund

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

[[Page 118 STAT. 3020]]

that are available for UNFPA, that are not made available for UNFPA 
because of the operation of any provision of law, shall be transferred 
to ``Child Survival and Health Programs Fund'' and shall be made 
available for family planning, maternal, and reproductive health 
activities, subject to the regular notification procedures of the 
Committees on Appropriations.
    (c) Reprogramming of Funds.--Of the funds appropriated in Public Law 
108-199 that were available for the UNFPA, $12,500,000 shall be made 
available for anti-trafficking programs: Provided, <<NOTE: Family 
planning.>> That of the funds appropriated in Public Law 108-199 that 
were available for the UNFPA, $12,500,000 shall be made available for 
the family planning, maternal, and reproductive health activities of the 
United States Agency for International Development in Albania, 
Azerbaijan, the Democratic Republic of the Congo, Ethiopia, Georgia, 
Haiti, Kazakhstan, Kenya, Nigeria, Romania, Russia, Rwanda, Tanzania, 
Uganda, and the Ukraine: Provided further, That such programs and 
activities shall be deemed to have been justified to Congress.

    (d) Prohibition on Use of Funds in China.--None of the funds made 
available under ``International Organizations and Programs'' may be made 
available for the UNFPA for a country program in the People's Republic 
of China.
    (e) Conditions on Availability of Funds.--Amounts made available 
under ``International Organizations and Programs'' for fiscal year 2005 
for the UNFPA may not be made available to UNFPA unless--
            (1) the UNFPA maintains amounts made available to the UNFPA 
        under this section in an account separate from other accounts of 
        the UNFPA;
            (2) the UNFPA does not commingle amounts made available to 
        the UNFPA under this section with other sums; and
            (3) the UNFPA does not fund abortions.

                              WAR CRIMINALS

    Sec. 561. (a)(1) None of the funds appropriated or otherwise made 
available pursuant to this Act may be made available for assistance, and 
the Secretary of the Treasury shall instruct the United States executive 
directors to the international financial institutions to vote against 
any new project involving the extension by such institutions of any 
financial or technical assistance, to any country, entity, or 
municipality whose competent authorities have failed, as determined by 
the Secretary of State, to take necessary and significant steps to 
implement its international legal obligations to apprehend and transfer 
to the International Criminal Tribunal for the former Yugoslavia (the 
``Tribunal'') all persons in their territory who have been indicted by 
the Tribunal and to otherwise cooperate with the Tribunal.
    (2) The provisions of this subsection shall not apply to 
humanitarian assistance or assistance for democratization.
    (b) <<NOTE: Applicability.>> The provisions of subsection (a) shall 
apply unless the Secretary of State determines and reports to the 
appropriate congressional committees that the competent authorities of 
such country, entity, or municipality are--
            (1) cooperating with the Tribunal, including access for 
        investigators to archives and witnesses, the provision of 
        documents, and the surrender and transfer of indictees or 
        assistance in their apprehension; and

[[Page 118 STAT. 3021]]

            (2) are acting consistently with the Dayton Accords.

    (c) <<NOTE: Deadline. Justification.>> Not less than 10 days before 
any vote in an international financial institution regarding the 
extension of any new project involving financial or technical assistance 
or grants to any country or entity described in subsection (a), the 
Secretary of the Treasury, in consultation with the Secretary of State, 
shall provide to the Committees on Appropriations a written 
justification for the proposed assistance, including an explanation of 
the United States position regarding any such vote, as well as a 
description of the location of the proposed assistance by municipality, 
its purpose, and its intended beneficiaries.

    (d) In carrying out this section, the Secretary of State, the 
Administrator of the United States Agency for International Development, 
and the Secretary of the Treasury shall consult with representatives of 
human rights organizations and all government agencies with relevant 
information to help prevent indicted war criminals from benefiting from 
any financial or technical assistance or grants provided to any country 
or entity described in subsection (a).
    (e) The Secretary of State may waive the application of subsection 
(a) with respect to projects within a country, entity, or municipality 
upon a written determination to the Committees on Appropriations that 
such assistance directly supports the implementation of the Dayton 
Accords.
    (f) Definitions.--As used in this section:
            (1) Country.--The term ``country'' means Bosnia and 
        Herzegovina, Croatia and Serbia.
            (2) Entity.--The term ``entity'' refers to the Federation of 
        Bosnia and Herzegovina, Kosovo, Montenegro and the Republika 
        Srpska.
            (3) Municipality.--The term ``municipality'' means a city, 
        town or other subdivision within a country or entity as defined 
        herein.
            (4) Dayton accords.--The term ``Dayton Accords'' means the 
        General Framework Agreement for Peace in Bosnia and Herzegovina, 
        together with annexes relating thereto, done at Dayton, November 
        10 through 16, 1995.

                                User Fees

    Sec. 562. The Secretary of the Treasury shall instruct the United 
States Executive Director at each international financial institution 
(as defined in section 1701(c)(2) of the International Financial 
Institutions Act) and the International Monetary Fund to oppose any 
loan, grant, strategy or policy of these institutions that would require 
user fees or service charges on poor people for primary education or 
primary healthcare, including prevention and treatment efforts for HIV/
AIDS, malaria, tuberculosis, and infant, child, and maternal well-being, 
in connection with the institutions' financing programs.

                           funding for serbia

    Sec. 563. (a) Funds appropriated by this Act may be made available 
for assistance for the central Government of Serbia after May 31, 2005, 
if the President has made the determination and certification contained 
in subsection (c).

[[Page 118 STAT. 3022]]

    (b) After May 31, 2005, the Secretary of the Treasury should 
instruct the United States executive directors to the international 
financial institutions to support loans and assistance to the Government 
of Serbia and Montenegro subject to the conditions in subsection (c): 
Provided, That section 576 of the Foreign Operations, Export Financing, 
and Related Programs Appropriations Act, 1997, as amended, shall not 
apply to the provision of loans and assistance to the Government of 
Serbia and Montenegro through international financial institutions.
    (c) <<NOTE: President. Certification.>> The determination and 
certification referred to in subsection (a) is a determination by the 
President and a certification to the Committees on Appropriations that 
the Government of Serbia and Montenegro is--
            (1) cooperating with the International Criminal Tribunal for 
        the former Yugoslavia including access for investigators, the 
        provision of documents, and the surrender and transfer of 
        indictees or assistance in their apprehension, including making 
        all practicable efforts to apprehend and transfer Ratko Mladic;
            (2) taking steps that are consistent with the Dayton Accords 
        to end Serbian financial, political, security and other support 
        which has served to maintain separate Republika Srpska 
        institutions; and
            (3) taking steps to implement policies which reflect a 
        respect for minority rights and the rule of law.

    (d) This section shall not apply to Montenegro, Kosovo, humanitarian 
assistance or assistance to promote democracy.

                    COMMUNITY-BASED POLICE ASSISTANCE

    Sec. 564. <<NOTE: 22 USC 2151 note.>> (a) Authority.--Funds made 
available by this Act to carry out the provisions of chapter 1 of part I 
and chapter 4 of part II of the Foreign Assistance Act of 1961, may be 
used, notwithstanding section 660 of that Act, to enhance the 
effectiveness and accountability of civilian police authority through 
training and technical assistance in human rights, the rule of law, 
strategic planning, and through assistance to foster civilian police 
roles that support democratic governance including assistance for 
programs to prevent conflict, respond to disasters, address gender-based 
violence, and foster improved police relations with the communities they 
serve.

    (b) Notification.--Assistance provided under subsection (a) shall be 
subject to prior consultation with, and the regular notification 
procedures of, the Committees on Appropriations.

                   Special Debt Relief for the Poorest

    Sec. 565. (a) Authority To Reduce Debt.--The President may reduce 
amounts owed to the United States (or any agency of the United States) 
by an eligible country as a result of--
            (1) guarantees issued under sections 221 and 222 of the 
        Foreign Assistance Act of 1961;
            (2) credits extended or guarantees issued under the Arms 
        Export Control Act; or
            (3) any obligation or portion of such obligation, to pay for 
        purchases of United States agricultural commodities guaranteed 
        by the Commodity Credit Corporation under export credit 
        guarantee programs authorized pursuant to section 5(f) of the

[[Page 118 STAT. 3023]]

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

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

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

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

              Authority to Engage in Debt Buybacks or Sales

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

[[Page 118 STAT. 3024]]

                    (B) a debt buyback by an eligible country of its own 
                qualified debt, only if the eligible country uses an 
                additional amount of the local currency of the eligible 
                country, equal to not less than 40 percent of the price 
                paid for such debt by such eligible country, or the 
                difference between the price paid for such debt and the 
                face value of such debt, to support activities that link 
                conservation and sustainable use of natural resources 
                with local community development, and child survival and 
                other child development, in a manner consistent with 
                sections 707 through 710 of the Foreign Assistance Act 
                of 1961, if the sale, reduction, or cancellation would 
                not contravene any term or condition of any prior 
                agreement relating to such loan.
            (2) <<NOTE: President.>> Terms and conditions.--
        Notwithstanding any other provision of law, the President shall, 
        in accordance with this section, establish the terms and 
        conditions under which loans may be sold, reduced, or canceled 
        pursuant to this section.
            (3) <<NOTE: Notification.>> Administration.--The Facility, 
        as defined in section 702(8) of the Foreign Assistance Act of 
        1961, shall notify the administrator of the agency primarily 
        responsible for administering part I of the Foreign Assistance 
        Act of 1961 of purchasers that the President has determined to 
        be eligible, and shall direct such agency to carry out the sale, 
        reduction, or cancellation of a loan pursuant to this section. 
        Such agency shall make adjustment in its accounts to reflect the 
        sale, reduction, or cancellation.
            (4) Limitation.--The authorities of this subsection shall be 
        available only to the extent that appropriations for the cost of 
        the modification, as defined in section 502 of the Congressional 
        Budget Act of 1974, are made in advance.

    (b) Deposit of Proceeds.--The proceeds from the sale, reduction, or 
cancellation of any loan sold, reduced, or canceled pursuant to this 
section shall be deposited in the United States Government account or 
accounts established for the repayment of such loan.
    (c) Eligible Purchasers.--A loan may be sold pursuant to subsection 
(a)(1)(A) only to a purchaser who presents plans satisfactory to the 
President for using the loan for the purpose of engaging in debt-for-
equity swaps, debt-for-development swaps, or debt-for-nature swaps.
    (d) Debtor Consultations.--Before the sale to any eligible 
purchaser, or any reduction or cancellation pursuant to this section, of 
any loan made to an eligible country, the President should consult with 
the country concerning the amount of loans to be sold, reduced, or 
canceled and their uses for debt-for-equity swaps, debt-for-development 
swaps, or debt-for-nature swaps.
    (e) Availability of Funds.--The authority provided by subsection (a) 
may be used only with regard to funds appropriated by this Act under the 
heading ``Debt Restructuring''.

                             Basic Education

    Sec. 567. Of the funds appropriated by title II of this Act, not 
less than $400,000,000 shall be made available for basic education.

[[Page 118 STAT. 3025]]

                         reconciliation programs

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

                                  SUDAN

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

    (c) <<NOTE: Certification.>> Subsection (b) shall not apply if the 
Secretary of State determines and certifies to the Committees on 
Appropriations that--
            (1) the Government of Sudan has taken significant steps to 
        disarm and disband government-supported militia groups in the 
        Darfur region;
            (2) the Government of Sudan and all government-supported 
        militia groups are honoring their commitments made in the cease-
        fire agreement of April 8, 2004; and
            (3) the Government of Sudan is allowing unimpeded access to 
        Darfur to humanitarian aid organizations, the human rights 
        investigation and humanitarian teams of the United Nations, 
        including protection officers, and an international monitoring 
        team that is based in Darfur and that has the support of the 
        United States.

    (d) Exceptions.--The provisions of subsection (b) shall not apply 
to--
            (1) humanitarian assistance; and
            (2) assistance for Darfur and for areas outside the control 
        of the Government of Sudan.

    (e) <<NOTE: Deadline.>> Notification.--Not more than $45,000,000 of 
the funds appropriated by this Act under the headings ``International 
Disaster and Famine Assistance'' and ``Transition Initiatives'' may be 
made available for assistance for Sudan outside of the Darfur region 
unless written notice has been provided to the Committees on 
Appropriations not less than 5 days prior to the obligation of such 
funds.

    (f) Definitions.--For the purposes of this Act and section 501 of 
Public Law 106-570, the terms ``Government of Sudan'', ``areas outside 
of control of the Government of Sudan'', and ``area in Sudan outside of 
control of the Government of Sudan'' shall have the same meaning and 
application as was the case immediately prior to June 5, 2004, and, with 
regard to assistance in support of

[[Page 118 STAT. 3026]]

a viable peace agreement, Southern Kordofan/Nuba Mountains State, Blue 
Nile State and Abyei.
    (g) Appropriation.--In addition to amounts appropriated elsewhere in 
this Act, $75,000,000 is hereby appropriated for ``Peacekeeping 
Operations'' to support peace and humanitarian intervention operations 
for Sudan, and $18,000,000 is hereby appropriated for ``International 
Disaster and Famine Assistance'' for humanitarian assistance and related 
activities in Sudan: Provided, That the entire amount appropriated in 
this subsection is designated as an emergency requirement pursuant to 
section 402 of S. Con. Res. 95 (108th Congress), as made applicable to 
the House of Representatives by H. Res. 649 (108th Congress) and 
applicable to the Senate by section 14007 of Public Law 108-287: 
Provided further, <<NOTE: Deadline.>> That the Secretary of State shall 
consult with the Committees on Appropriations regarding the proposed 
uses of these funds within 30 days of the date of enactment of this Act.

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

                         trade capacity building

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

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

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

                                INDONESIA

    Sec. 572. <<NOTE: Certification.>> (a) Funds appropriated by this 
Act under the heading ``Foreign Military Financing Program'' may be made 
available for assistance for Indonesia, and licenses may be issued for 
the export of lethal defense articles for the Indonesian Armed Forces, 
only if the Secretary of State certifies to the appropriate 
congressional committees that--

[[Page 118 STAT. 3027]]

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

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

                         limitation on contracts

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

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

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

[[Page 118 STAT. 3028]]

the United States pursuant to Article 98 of the Rome Statute preventing 
the International Criminal Court from proceeding against United States 
personnel present in such country.
    (d) The prohibition of this section shall not apply to countries 
otherwise eligible for assistance under the Millennium Challenge Act of 
2003, notwithstanding section 606(a)(2)(B) of such Act.

           prohibition against direct funding for saudi arabia

    Sec. 575. None of the funds appropriated or otherwise made available 
pursuant to this Act shall be obligated or expended to finance any 
assistance to Saudi Arabia: 
Provided, <<NOTE: President. Certification. Deadline.>> That the 
President may waive the prohibition of this section if he certifies to 
the Committees on Appropriations, 15 days prior to the obligation of 
funds for assistance for Saudi Arabia, that Saudi Arabia is cooperating 
with efforts to combat international terrorism and that the proposed 
assistance will help facilitate that effort.

                          ENVIRONMENT PROGRAMS

    Sec. 576. (a) Funding.--Of the funds appropriated under the heading 
``Development Assistance'', not less than $165,500,000 shall be made 
available for programs and activities which directly protect 
biodiversity, including forests, in developing countries, of which not 
less than $8,000,000 should be made available to implement a regional 
strategy for biodiversity conservation in the countries comprising the 
Amazon basin of South America, including to improve the capacity of 
indigenous communities and local law enforcement agencies to protect the 
biodiversity of indigenous reserves, which amount shall be in addition 
to the amounts requested for biodiversity activities in these countries 
in fiscal year 2005: Provided, That of the funds appropriated by this 
Act, not less than $180,000,000 shall be made available to support clean 
energy and other climate change policies and programs in developing 
countries, of which $100,000,000 should be made available to directly 
promote and deploy energy conservation, energy efficiency, and renewable 
and clean energy technologies, and of which the balance should be made 
available to directly: (1) measure, monitor, and reduce greenhouse gas 
emissions; (2) increase carbon sequestration activities; and (3) enhance 
climate change mitigation and adaptation programs.
    (b) <<NOTE: President.>> Climate Change Report.--Not later than 45 
days after the date on which the President's fiscal year 2006 budget 
request is submitted to Congress, the President shall submit a report to 
the Committees on Appropriations describing in detail the following--
            (1) all Federal agency obligations and expenditures, 
        domestic and international, for climate change programs and 
        activities in fiscal year 2005, including an accounting of 
        expenditures by agency with each agency identifying climate 
        change activities and associated costs by line item as presented 
        in the President's Budget Appendix; and
            (2) all fiscal year 2004 obligations and estimated 
        expenditures, fiscal year 2005 estimated expenditures and 
        estimated obligations, and fiscal year 2006 requested funds by 
        the United States Agency for International Development, by 
        country and central program, for each of the following: (i) to 
        promote the transfer and deployment of a wide range of United 
        States

[[Page 118 STAT. 3029]]

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

    (c) Extraction of Natural Resources.--
            (1) The Secretary of the Treasury shall inform the 
        managements of the international financial institutions and the 
        public that it is the policy of the United States that any 
        assistance by such institutions (including but not limited to 
        any loan, credit, grant, or guarantee) for the extraction and 
        export of oil, gas, coal, timber, or other natural resource 
        should not be provided unless the government of the country has 
        in place or is taking the necessary steps to establish 
        functioning systems for: (i) accurately accounting for revenues 
        and expenditures in connection with the extraction and export of 
        the type of natural resource to be extracted or exported; (ii) 
        the independent auditing of such accounts and the widespread 
        public dissemination of the audits; and (iii) verifying 
        government receipts against company payments including 
        widespread dissemination of such payment information in a manner 
        that does not create competitive disadvantage or disclose 
        proprietary information.
            (2) <<NOTE: Deadline. Reports.>> Not later than 180 days 
        after the enactment of this Act, the Secretary of the Treasury 
        shall submit a report to the Committees on Appropriations 
        describing, for each international financial institution, the 
        amount and type of assistance provided, by country, for the 
        extraction and export of oil, gas, coal, timber, or other 
        national resource since September 30, 2004.

                               uzbekistan

    Sec. 577. Funds appropriated by this Act may be made available for 
assistance for the central Government of Uzbekistan only if the 
Secretary of State determines and reports to the Committees on 
Appropriations that the Government of Uzbekistan is making substantial 
and continuing progress in meeting its commitments under the 
``Declaration on the Strategic Partnership and Cooperation Framework 
Between the Republic of Uzbekistan and the United States of America'', 
including respect for human rights, establishing a genuine multi-party 
system, and ensuring free and fair elections, freedom of expression, and 
the independence of the media.

                              Central Asia

    Sec. 578. (a) Funds appropriated by this Act may be made available 
for assistance for the Government of Kazakhstan only if the Secretary of 
State determines and reports to the Committees on Appropriations that 
the Government of Kazakhstan has made significant improvements in the 
protection of human rights during the preceding 6 month period.
    (b) The Secretary of State may waive subsection (a) if he determines 
and reports to the Committees on Appropriations that

[[Page 118 STAT. 3030]]

such a waiver is in the national security interest of the United States.
    (c) <<NOTE: Deadline. Reports.>> Not later than October 1, 2005, the 
Secretary of State shall submit a report to the Committees on 
Appropriations and the Committee on Foreign Relations of the Senate and 
the Committee on International Relations of the House of Representatives 
describing the following:
            (1) The defense articles, defense services, and financial 
        assistance provided by the United States to the countries of 
        Central Asia during the 6-month period ending 30 days prior to 
        submission of such report.
            (2) The use during such period of defense articles, defense 
        services, and financial assistance provided by the United States 
        by units of the armed forces, border guards, or other security 
        forces of such countries.

    (d) For purposes of this section, the term ``countries of Central 
Asia'' means Uzbekistan, Kazakhstan, Kyrgyz Republic, Tajikistan, and 
Turkmenistan.

                           disability programs

    Sec. 579. (a) Of the funds appropriated by this Act under the 
heading ``Economic Support Fund'', not less than $2,500,000 shall be 
made available for programs and activities to address the needs and 
protect the rights of people with disabilities in developing countries: 
Provided, That such funds shall be administered by the United States 
Agency for International Development (``USAID'') and the Department of 
State, and shall be available for grants to nongovernmental 
organizations that work on behalf of people with disabilities in such 
countries.
    (b) The Secretary of State and the USAID Administrator shall 
designate within their respective agencies an individual to serve as 
Disability ``Advisor'' or ``Coordinator'', whose function it shall be to 
ensure that disability rights are addressed, where appropriate, in 
United States policies and programs.
    (c) Funds made available under subsection (a) may be made available 
for an international conference on the needs of people with 
disabilities, including disability rights, advocacy and access.
    (d) The Secretary of State, the Secretary of the Treasury, and the 
USAID Administrator shall seek to ensure that the needs of people with 
disabilities are addressed, where appropriate, in democracy, human 
rights, and rule of law programs, projects and activities supported by 
the Department of State, Department of the Treasury, and USAID.
    (e) The USAID Administrator shall seek to ensure that programs, 
projects and activities administered by USAID comply fully with USAID's 
``Policy Paper: Disability'' issued on September 12, 1997: 
Provided, <<NOTE: Deadline. Procedures.>> That not later than 90 days 
after enactment of this Act, USAID shall implement procedures to require 
that prospective grantees seeking funding from USAID specify, when 
relevant, how the proposed program, project or activity for which 
funding is being requested will include protecting the rights and 
addressing the needs of persons with disabilities.

                                ZIMBABWE

    Sec. 580. <<NOTE: 22 USC 2151 note.>> The Secretary of the Treasury 
shall instruct the United States executive director to each 
international financial

[[Page 118 STAT. 3031]]

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

                                  TIBET

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

                                 NIGERIA

    Sec. 582. <<NOTE: President. Reports.>> The President shall submit a 
report to the Committees on Appropriations describing the involvement of 
the Nigerian Armed Forces in the incident in Benue State, the measures 
that are being taken to bring such individuals to justice, and whether 
any Nigerian Armed Forces units involved with the incident in Benue 
State are receiving United States assistance.

    DISCRIMINATION AGAINST MINORITY RELIGIOUS FAITHS IN THE RUSSIAN 
                               FEDERATION

    Sec. 583. <<NOTE: Deadline. President. Certification.>> None of the 
funds appropriated under this Act may be made available for the 
Government of the Russian Federation, after 180 days from the date of 
the enactment of this Act, unless the President determines and certifies 
in writing to the Committees on Appropriations that the Government of 
the Russian Federation has implemented no statute, Executive order, 
regulation or similar government action that would discriminate, or 
which has as its principal effect discrimination, against religious 
groups or religious communities in the Russian Federation in violation 
of accepted international agreements on human rights and religious 
freedoms to which the Russian Federation is a party.

                             CENTRAL AMERICA

    Sec. 584. (a) Of the funds appropriated by this Act under the 
headings ``Child Survival and Health Programs Fund'' and

[[Page 118 STAT. 3032]]

``Development Assistance'', not less than the amount of funds initially 
allocated pursuant to section 653(a) of the Foreign Assistance Act of 
1961 for fiscal year 2004 should be made available for El Salvador, 
Guatemala, Nicaragua and Honduras.
    (b) <<NOTE: Certification.>> Not to exceed $3,227,000 in prior year 
``Military Assistance Program'' funds that are available for Guatemala 
may be made available for non-lethal defense items for Guatemala if the 
Secretary of State certifies to the Committees on Appropriations and the 
Committee on Foreign Relations of the Senate and the Committee on 
International Relations of the House of Representatives that--
            (1) the role of the Guatemalan military has been limited, in 
        doctrine and in practice, to substantially those activities in 
        defense of Guatemala's sovereignty and territorial integrity 
        that are permitted by the 1996 Peace Accords, and the Government 
        of Guatemala is taking steps to pass a new governing law of the 
        Army (Ley Constitutiva del Ejercito);
            (2) the Guatemalan military is cooperating with civilian 
        judicial authorities, including providing full cooperation on 
        access to witnesses, documents and classified intelligence 
        files, in investigations and prosecutions of military personnel 
        who have been implicated in human rights violations and other 
        criminal activity;
            (3) the Government of Guatemala is working with the United 
        Nations to resolve legal impediments to the establishment of the 
        Commission for the Investigation of Illegal Groups and 
        Clandestine Security Organizations (CICIACS), so that CICIACS 
        can effectively accomplish its mission of investigating and 
        bringing to justice illegal groups and members of clandestine 
        security organizations;
            (4) the Government of Guatemala is continuing its efforts to 
        make the military budget process transparent and accessible to 
        civilian authorities and to the public, for both present and 
        past expenditures;
            (5) the Government of Guatemala is working to facilitate the 
        prompt establishment of an office in Guatemala of the United 
        Nations High Commissioner for Human Rights with the unimpeded 
        authority to investigate and report on human rights in 
        Guatemala; and
            (6) the Government of Guatemala is taking steps to increase 
        its efforts to combat narcotics trafficking and organized crime.

    (c) <<NOTE: 22 USC 2370a.>> Section 527 of the Foreign Relations 
Authorization Act, Fiscal Years 1994 and 1995 (22 U.S.C. 2370(a)) is 
amended by adding at the end the following new subsection:

    ``(i) Certain Claims for Expropriation by the Government of 
Nicaragua.--
            ``(1) Any action of the types set forth in subparagraphs 
        (A), (B), and (C) of subsection (a)(1) that was taken by the 
        Government of Nicaragua during the period beginning on January 
        1, 1956, and ending on January 9, 2002, shall not be considered 
        in implementing the prohibition under subsection (a) unless the 
        action has been presented in accordance with the procedure set 
        forth in paragraph (2).
            ``(2) An action shall be deemed presented for purposes of 
        paragraph (1) if it is--
                    ``(A) in writing; and

[[Page 118 STAT. 3033]]

                    ``(B) <<NOTE: Deadline.>> received by the United 
                States Department of State on or before 120 days after 
                the date specified in paragraph (3) at--
                          ``(i) the headquarters of the United States 
                      Department of State in Washington, D.C.; or
                          ``(ii) the Embassy of the United States of 
                      America to Nicaragua.
            ``(3) <<NOTE: Notice. Federal Register, publication.>> The 
        date to which paragraph (2) refers is a date after enactment of 
        this subsection that is specified by the Secretary of State, in 
        the Secretary's discretion, in a notice published in the Federal 
        Register.''.

                          war crimes in africa

    Sec. 585. (a) The Congress recognizes the important contribution 
that the democratically elected Government of Nigeria has played in 
fostering stability in West Africa.
    (b) The Congress reaffirms its support for the efforts of the 
International Criminal Tribunal for Rwanda (ICTR) and the Special Court 
for Sierra Leone (SCSL) to bring to justice individuals responsible for 
war crimes and crimes against humanity in a timely manner.
    (c) Funds appropriated by this Act, including funds for debt 
restructuring, may be made available for assistance to the central 
government of a country in which individuals indicted by ICTR and SCSL 
are credibly alleged to be living, if the Secretary of State determines 
and reports to the Committees on Appropriations that such government is 
cooperating with ICTR and SCSL, including the surrender and transfer of 
indictees in a timely manner: Provided, That this subsection shall not 
apply to assistance provided under section 551 of the Foreign Assistance 
Act of 1961 or to project assistance under title II of this Act: 
Provided further, That the United States shall use its voice and vote in 
the United Nations Security Council to fully support efforts by ICTR and 
SCSL to bring to justice individuals indicted by such tribunals in a 
timely manner.
    (d) The prohibition in subsection (c) may be waived on a country by 
country basis if the President determines that doing so is in the 
national security interest of the United States: 
Provided, <<NOTE: President. Reports.>> That prior to exercising such 
waiver authority, the President shall submit a report to the Committees 
on Appropriations, in classified form if necessary, on: (1) the steps 
being taken to obtain the cooperation of the government in surrendering 
the indictee in question to SCSL or ICTR; (2) a strategy for bringing 
the indictee before ICTR or SCSL; and (3) the justification for 
exercising the waiver authority.

                          admission of refugees

    Sec. 586. (a) The Secretary of State shall utilize private voluntary 
organizations with expertise in the protection needs of refugees in the 
processing of refugees overseas for admission and resettlement to the 
United States, and shall utilize such agencies in addition to the United 
Nations High Commissioner for Refugees in the identification and 
referral of refugees.
    (b) The Secretary of State should maintain a system for accepting 
referrals of appropriate candidates for resettlement from local private, 
voluntary organizations and work to ensure that

[[Page 118 STAT. 3034]]

particularly vulnerable refugee groups receive special consideration for 
admission into the United States, including--
            (1) long-stayers in countries of first asylum;
            (2) unaccompanied refugee minors;
            (3) refugees outside traditional camp settings; and
            (4) refugees in woman-headed households.

    (c) The Secretary of State shall give special consideration to--
            (1) refugees of all nationalities who have close family ties 
        to citizens and residents of the United States; and
            (2) other groups of refugees who are of special concern to 
        the United States.

                             code of conduct

    Sec. 587. (a) None of the funds made available by title II under the 
heading ``Migration and Refugee Assistance'' or ``Transition 
Initiatives'' to provide assistance to refugees or internally displaced 
persons may be provided to an organization that has failed to adopt a 
code of conduct consistent with the Inter-Agency Standing Committee Task 
Force on Protection From Sexual Exploitation and Abuse in Humanitarian 
Crises six core principles for the protection of beneficiaries of 
humanitarian assistance.
    (b) In administering the amounts made available for the accounts 
described in subsection (a), the Secretary of State and Administrator of 
the United States Agency for International Development shall incorporate 
specific policies and programs for the purpose of identifying specific 
needs of, and particular threats to, women and children at the various 
stages of humanitarian emergencies, especially at the onset of such 
emergency.

   UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT HIRING AUTHORITY

    Sec. 588. <<NOTE: 22 USC 3948 note.>> (a) Authority.--Up to 
$37,500,000 of the funds made available in this Act to carry out the 
provisions of part I of the Foreign Assistance Act of 1961, including 
funds appropriated under the heading ``Assistance for Eastern Europe and 
the Baltic States'', may be used by the United States Agency for 
International Development (USAID) to hire and employ individuals in the 
United States and overseas on a limited appointment basis pursuant to 
the authority of sections 308 and 309 of the Foreign Service Act of 
1980.

    (b) Restrictions.--
            (1) The number of individuals hired in any fiscal year 
        pursuant to the authority contained in subsection (a) may not 
        exceed 175, of which not more than 75 may be hired for 
        employment in the United States.
            (2) <<NOTE: Expiration date.>> The authority to hire 
        individuals contained in subsection (a) shall expire on 
        September 30, 2007.

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

[[Page 118 STAT. 3035]]

            (2) after consultations between the Committees on 
        Appropriations and the USAID Administrator on the implementation 
        of this section and USAID work force issues more generally.

    (d) Priority Sectors.--In exercising the authority of this section, 
primary emphasis shall be placed on enabling USAID to meet personnel 
positions in technical skill areas currently encumbered by contractor or 
other nondirect-hire personnel.
    (e) Consultations.--After the initial consultations required by 
subsection (c)(2), the USAID Administrator shall consult with the 
Committees on Appropriations at least on a quarterly basis thereafter 
concerning the implementation of this section.
    (f) Program Account Charged.--The account charged for the cost of an 
individual hired and employed under the authority of this section shall 
be the account to which such individual's responsibilities primarily 
relate. Funds made available to carry out this section may be 
transferred to and merged and consolidated with funds appropriated for 
``Operating Expenses of the United States Agency for International 
Development''.
    (g) Relation to Prior Law.--Upon completion of the consultations 
required by subsection (c)(2), the authority contained in this section 
shall supersede the authority contained in section 525 of the Foreign 
Operations, Export Financing, and Related Programs Appropriations Act, 
2004.
    (h) Disaster Surge Capacity.--Funds appropriated by this Act to 
carry out part I of the Foreign Assistance Act of 1961, including funds 
appropriated under the heading ``Assistance for Eastern Europe and the 
Baltic States'', may be used, in addition to funds otherwise available 
for such purposes, for the cost (including the support costs) of 
individuals detailed to or employed by the United States Agency for 
International Development whose primary responsibility is to carry out 
programs in response to natural disasters.

     OVERSEAS PRIVATE INVESTMENT CORPORATION AND EXPORT-IMPORT BANK 
                              RESTRICTIONS

    Sec. 589. (a) Limitation on Use of Funds by OPIC.--None of the funds 
made available in this Act may be used by the Overseas Private 
Investment Corporation to insure, reinsure, guarantee, or finance any 
investment in connection with a project involving the mining, polishing 
or other processing, or sale of diamonds in a country that fails to meet 
the requirements of subsection (c).
    (b) Limitation on Use of Funds by the Export-Import Bank.--None of 
the funds made available in this Act may be used by the Export-Import 
Bank of the United States to guarantee, insure, extend credit, or 
participate in an extension of credit in connection with the export of 
any goods to a country for use in an enterprise involving the mining, 
polishing or other processing, or sale of diamonds in a country that 
fails to meet the requirements of subsection (c).
    (c) Requirements.--The requirements referred to in subsections (a) 
and (b) are that the country concerned is implementing the 
recommendations, obligations and requirements developed by the Kimberley 
Process on conflict diamonds.

[[Page 118 STAT. 3036]]

                            SECURITY IN ASIA

    Sec. 590. <<NOTE: Reports.>> (a) Indonesia.--Funds made available 
for assistance for Indonesia under the heading ``Foreign Military 
Financing Program'' may be made available for assistance for the 
Indonesian navy notwithstanding section 572 of this Act if the Secretary 
of State reports to the Committees on Appropriations that the Indonesian 
navy is not violating human rights and is cooperating with civilian 
judicial authorities on cases involving human rights violations: 
Provided, That such funds may only be made available for assistance for 
the Indonesian navy for the purposes of enhancing maritime security: 
Provided further, That such funds shall be made available subject to the 
regular notification procedures of the Committees on Appropriations.

    (b) Cambodia.--Funds made available for assistance for Cambodia 
under the heading ``Foreign Military Financing Program'' may be made 
available notwithstanding section 554 of this Act: Provided, That such 
funds shall only be made available subject to the regular notification 
procedures of the Committees on Appropriations.
    (c) Nepal.--
            (1) The Congress deplores and condemns the Maoist insurgency 
        in Nepal which has engaged in widespread atrocities against 
        civilians and Nepalese security forces, and calls on other 
        nations to denounce these vicious acts.
            (2) <<NOTE: Reports.>> Funds appropriated under the heading 
        ``Foreign Military Financing Program'' may be made available for 
        assistance for Nepal if the Secretary of State reports to the 
        Committees on Appropriations that the Government of Nepal:
                    (A) has determined the number of and is making 
                substantial progress in complying with habeas corpus 
                orders issued by the Supreme Court of Nepal, including 
                all outstanding orders;
                    (B) is cooperating with the National Human Rights 
                Commission of Nepal to identify and resolve all security 
                related cases involving individuals in government 
                custody;
                    (C) is granting the National Human Rights Commission 
                of Nepal unimpeded access to all places of detention; 
                and
                    (D) is taking effective steps to end torture by 
                security forces and to prosecute members of such forces 
                who are responsible for gross violations of human 
                rights.
            (3) The Secretary of State may waive the requirements of 
        paragraph (2) if he determines and reports to the Committees on 
        Appropriations that to do so is in the national security 
        interests of the United States.

                   HIPC DEBT REDUCTION AND TRUST FUND

    Sec. 591. (a) Section 801(b)(1) of Public Law 106-429 <<NOTE: 114 
Stat. 1900A-64.>> is amended--
            (1) by inserting ``(i)'' after ``appropriated''; and
            (2) by inserting before the period ``; and (ii) for fiscal 
        years 2004-2006, not more than $150,000,000, for purposes of 
        additional United States contributions to the HIPC Trust Fund 
        administered by the Bank, which are authorized to remain 
        available until expended''.

[[Page 118 STAT. 3037]]

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

                 COMPLIANCE WITH THE ALGIERS AGREEMENTS

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

   ADMINISTRATIVE PROVISIONS RELATED TO MULTILATERAL DEVELOPMENT BANKS

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

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

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

[[Page 118 STAT. 3038]]

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

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

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

                           VIETNAMESE REFUGEES

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

    (c) Qualified National.-- <<NOTE: Definition.>> The term ``qualified 
national'' in subsection (b)(1) means a national of Vietnam who--
            (1)(A) was formerly interned in a re-education camp in 
        Vietnam by the Government of the Socialist Republic of Vietnam; 
        or
            (B) is the widow or widower of an individual described in 
        subparagraph (A);
            (2)(A) qualified for refugee processing under the Orderly 
        Departure Program re-education subprogram; and
            (B) is or was accepted under the Orderly Departure Program 
        or through the United States Consulate General in Ho Chi Minh 
        City--
                    (i) for resettlement as a refugee; or
                    (ii) for admission to the United States as an 
                immediate relative immigrant; and

[[Page 118 STAT. 3039]]

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

                       JOINT EXPLANATORY STATEMENT

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

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

  DIVISION E-- <<NOTE: Department of the Interior and Related Agencies 
   Appropriations Act, 2005.>> DEPARTMENT OF THE INTERIOR AND RELATED 
AGENCIES APPROPRIATIONS ACT, 2005

                   TITLE I--DEPARTMENT OF THE INTERIOR

                        Bureau of Land Management

                    Management of Lands and Resources

    For necessary expenses for protection, use, improvement, 
development, disposal, cadastral surveying, classification, acquisition 
of easements and other interests in lands, and performance of other 
functions, including maintenance of facilities, as authorized by law, in 
the management of lands and their resources under the jurisdiction of 
the Bureau of Land Management, including the general administration of 
the Bureau, and assessment of mineral potential of public lands pursuant 
to Public Law 96-487 (16 U.S.C. 3150(a)), $848,939,000, to remain 
available until expended, of which $1,000,000 is for high priority 
projects, to be carried out by the Youth Conservation Corps; $4,000,000 
is for assessment of the mineral potential of public lands in Alaska 
pursuant to section 1010 of Public Law 96-487; (16 U.S.C. 3150); and of 
which not to exceed $1,000,000 shall be derived from the special receipt 
account established by the Land and Water Conservation Act of 1965, as 
amended (16 U.S.C. 460l-6a(i)); and of which $3,500,000 shall be 
available in fiscal year 2005 subject to a match by at least an equal 
amount by the National Fish and Wildlife Foundation

[[Page 118 STAT. 3040]]

for cost-shared projects supporting conservation of Bureau lands; and 
such funds shall be advanced to the Foundation as a lump sum grant 
without regard to when expenses are incurred.
    In addition, $32,696,000 is for Mining Law Administration program 
operations, including the cost of administering the mining claim fee 
program; to remain available until expended, to be reduced by amounts 
collected by the Bureau and credited to this appropriation from annual 
mining claim fees so as to result in a final appropriation estimated at 
not more than $848,939,000, and $2,000,000, to remain available until 
expended, from communication site rental fees established by the Bureau 
for the cost of administering communication site activities.

                        Wildland Fire Management

    For necessary expenses for fire preparedness, suppression 
operations, fire science and research, emergency rehabilitation, 
hazardous fuels reduction, and rural fire assistance by the Department 
of the Interior, $743,099,000, to remain available until expended, of 
which not to exceed $12,374,000 shall be for the renovation or 
construction of fire facilities: Provided, That such funds are also 
available for repayment of advances to other appropriation accounts from 
which funds were previously transferred for such purposes: Provided 
further, That persons hired pursuant to 43 U.S.C. 1469 may be furnished 
subsistence and lodging without cost from funds available from this 
appropriation: Provided further, That notwithstanding 42 U.S.C. 1856d, 
sums received by a bureau or office of the Department of the Interior 
for fire protection rendered pursuant to 42 U.S.C. 1856 et seq., 
protection of United States property, may be credited to the 
appropriation from which funds were expended to provide that protection, 
and are available without fiscal year limitation: Provided 
further, <<NOTE: Contracts. Grants.>> That using the amounts designated 
under this title of this Act, the Secretary of the Interior may enter 
into procurement contracts, grants, or cooperative agreements, for 
hazardous fuels reduction activities, and for training and monitoring 
associated with such hazardous fuels reduction activities, on Federal 
land, or on adjacent non-Federal land for activities that benefit 
resources on Federal land: Provided further, That the costs of 
implementing any cooperative agreement between the Federal Government 
and any non-Federal entity may be shared, as mutually agreed on by the 
affected parties: Provided further, That notwithstanding requirements of 
the Competition in Contracting Act, the Secretary, for purposes of 
hazardous fuels reduction activities, may obtain maximum practicable 
competition among: (1) local private, nonprofit, or cooperative 
entities; (2) Youth Conservation Corps crews or related partnerships 
with State, local, or non-profit youth groups; (3) small or micro-
businesses; or (4) other entities that will hire or train locally a 
significant percentage, defined as 50 percent or more, of the project 
workforce to complete such <<NOTE: Guidance.>> contracts: Provided 
further, That in implementing this section, the Secretary shall develop 
written guidance to field units to ensure accountability and consistent 
application of the authorities provided herein: Provided further, That 
funds appropriated under this head may be used to reimburse the United 
States Fish and Wildlife Service and the National Marine Fisheries 
Service for the costs of carrying out their responsibilities under the 
Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) to consult and 
conference, as required by section 7 of such Act, in

[[Page 118 STAT. 3041]]

connection with wildland fire management activities: Provided further, 
That the Secretary of the Interior may use wildland fire appropriations 
to enter into non-competitive sole source leases of real property with 
local governments, at or below fair market value, to construct 
capitalized improvements for fire facilities on such leased properties, 
including but not limited to fire guard stations, retardant stations, 
and other initial attack and fire support facilities, and to make 
advance payments for any such lease or for construction activity 
associated with the lease: Provided further, That the Secretary of the 
Interior and the Secretary of Agriculture may authorize the transfer of 
funds appropriated for wildland fire management, in an aggregate amount 
not to exceed $12,000,000, between the Departments when such transfers 
would facilitate and expedite jointly funded wildland fire management 
programs and projects: Provided further, That funds provided for 
wildfire suppression shall be available for support of Federal emergency 
response actions.

                    Central Hazardous Materials Fund

    For necessary expenses of the Department of the Interior and any of 
its component offices and bureaus for the remedial action, including 
associated activities, of hazardous waste substances, pollutants, or 
contaminants pursuant to the Comprehensive Environmental Response, 
Compensation, and Liability Act, as amended (42 U.S.C. 9601 et seq.), 
$9,855,000, to remain available until expended: Provided, That, 
notwithstanding 31 U.S.C. 3302, sums recovered from or paid by a party 
in advance of or as reimbursement for remedial action or response 
activities conducted by the Department pursuant to section 107 or 113(f) 
of such Act, shall be credited to this account, to be available until 
expended without further appropriation: Provided further, That such sums 
recovered from or paid by any party are not limited to monetary payments 
and may include stocks, bonds or other personal or real property, which 
may be retained, liquidated, or otherwise disposed of by the Secretary 
and which shall be credited to this account.

                              Construction

    For construction of buildings, recreation facilities, roads, trails, 
and appurtenant facilities, $11,500,000, to remain available until 
expended.

                            Land Acquisition

    For expenses necessary to carry out sections 205, 206, and 318(d) of 
Public Law 94-579, including administrative expenses and acquisition of 
lands or waters, or interests therein, $11,350,000, to be derived from 
the Land and Water Conservation Fund and to remain available until 
expended.

                    Oregon and California Grant Lands

    For expenses necessary for management, protection, and development 
of resources and for construction, operation, and maintenance of access 
roads, reforestation, and other improvements on the revested Oregon and 
California Railroad grant lands, on other Federal lands in the Oregon 
and California land-grant counties of Oregon, and on adjacent rights-of-
way; and acquisition of

[[Page 118 STAT. 3042]]

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

                forest ecosystem health and recovery fund

                    (Revolving Fund, Special Account)

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

                           Range Improvements

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

               Service Charges, Deposits, and Forfeitures

    For administrative expenses and other costs related to processing 
application documents and other authorizations for use and disposal of 
public lands and resources, for costs of providing copies of official 
public land documents, for monitoring construction, operation, and 
termination of facilities in conjunction with use authorizations, and 
for rehabilitation of damaged property, such amounts as may be collected 
under Public Law 94-579, as amended, and Public Law 93-153, to remain 
available until expended: Provided, <<NOTE: 43 USC 1735 note.>> That, 
notwithstanding any provision to the contrary of section 305(a) of 
Public Law 94-579 (43 U.S.C. 1735(a)), any moneys that have been or will 
be received pursuant to that section, whether as a result of forfeiture, 
compromise, or settlement, if not appropriate for refund pursuant to 
section 305(c) of that Act (43 U.S.C. 1735(c)), shall be available and 
may be expended under the authority of this Act by the Secretary to 
improve, protect, or rehabilitate any public lands administered through 
the Bureau

[[Page 118 STAT. 3043]]

of Land Management which have been damaged by the action of a resource 
developer, purchaser, permittee, or any unauthorized person, without 
regard to whether all moneys collected from each such action are used on 
the exact lands damaged which led to the action: Provided further, That 
any such moneys that are in excess of amounts needed to repair damage to 
the exact land for which funds were collected may be used to repair 
other damaged public lands.

                        Miscellaneous Trust Funds

    In addition to amounts authorized to be expended under existing 
laws, there is hereby appropriated such amounts as may be contributed 
under section 307 of the Act of October 21, 1976 (43 U.S.C. 1701), and 
such amounts as may be advanced for administrative costs, surveys, 
appraisals, and costs of making conveyances of omitted lands under 
section 211(b) of that Act, to remain available until expended.

                        Administrative Provisions

    Appropriations for the Bureau of Land Management shall be available 
for purchase, erection, and dismantlement of temporary structures, and 
alteration and maintenance of necessary buildings and appurtenant 
facilities to which the United States has title; up to $100,000 for 
payments, at the discretion of the Secretary, for information or 
evidence concerning violations of laws administered by the Bureau; 
miscellaneous and emergency expenses of enforcement activities 
authorized or approved by the Secretary and to be accounted for solely 
on her certificate, not to exceed $10,000: 
Provided, <<NOTE: Contracts.>> That, notwithstanding 44 U.S.C. 501, the 
Bureau may, under cooperative cost-sharing and partnership arrangements 
authorized by law, procure printing services from cooperators in 
connection with jointly produced publications for which the cooperators 
share the cost of printing either in cash or in services, and the Bureau 
determines the cooperator is capable of meeting accepted quality 
standards.

                 United States Fish and Wildlife Service

                           Resource Management

    For necessary expenses of the United States Fish and Wildlife 
Service, as authorized by law, and for scientific and economic studies, 
maintenance of the herd of long-horned cattle on the Wichita Mountains 
Wildlife Refuge, general administration, and for the performance of 
other authorized functions related to such resources by direct 
expenditure, contracts, grants, cooperative agreements and reimbursable 
agreements with public and private entities, $977,205,000, to remain 
available until September 30, 2006, except as otherwise provided herein: 
Provided, That not less than $1,000,000 shall be provided to local 
governments in southern California for planning associated with the 
Natural Communities Conservation Planning (NCCP) program and shall 
remain available until expended: Provided further, That $2,000,000 is 
for high priority projects, which shall be carried out by the Youth 
Conservation Corps: Provided further, That, not to exceed $16,175,000, 
shall be used for implementing subsections (a), (b), (c), and (e) of 
section

[[Page 118 STAT. 3044]]

4 of the Endangered Species Act, as amended, for species that are 
indigenous to the United States (except for processing petitions, 
developing and issuing proposed and final regulations, and taking any 
other steps to implement actions described in subsection (c)(2)(A), 
(c)(2)(B)(i), or (c)(2)(B)(ii)), of which not to exceed $11,400,000 
shall be used for any activity regarding the designation of critical 
habitat, pursuant to subsection (a)(3), excluding litigation support, 
for species listed pursuant to subsection (a)(1) prior to October 1, 
2004: Provided further, That of the amount available for law 
enforcement, up to $400,000, to remain available until expended, may at 
the discretion of the Secretary be used for payment for information, 
rewards, or evidence concerning violations of laws administered by the 
Service, and miscellaneous and emergency expenses of enforcement 
activity, authorized or approved by the Secretary and to be accounted 
for solely on her certificate: Provided further, That of the amount 
provided for environmental contaminants, up to $1,000,000 may remain 
available until expended for contaminant sample analyses.

                              Construction

    For construction, improvement, acquisition, or removal of buildings 
and other facilities required in the conservation, management, 
investigation, protection, and utilization of fishery and wildlife 
resources, and the acquisition of lands and interests therein; 
$53,400,000, to remain available until expended: Provided, That, 
notwithstanding any other provision of law, a single procurement for the 
construction project at the Clark R. Bavin Forensics Laboratory in 
Oregon may be issued which includes the full scope of the project: 
Provided further, That the solicitation and the contract shall contain 
the clause ``availability of funds'' found at 48 CFR 52.232.18.

                            Land Acquisition

    For expenses necessary to carry out the Land and Water Conservation 
Fund Act of 1965, as amended (16 U.S.C. 460l-4 through 11), including 
administrative expenses, and for acquisition of land or waters, or 
interest therein, in accordance with statutory authority applicable to 
the United States Fish and Wildlife Service, $37,526,000, to be derived 
from the Land and Water Conservation Fund and to remain available until 
expended, of which $750,000 is for support of acquisition of lands for 
waterfowl habitat in the Yukon Flats National Wildlife Refuge, and the 
related conveyance of Federal lands and interests in lands to Doyon, 
Limited, an Alaska Native Corporation organized pursuant to the Alaska 
Native Claims Settlement Act: Provided, <<NOTE: Contracts.>> That the 
Secretary is authorized to, and shall, execute all necessary 
acquisitions and exchange agreement documents in furtherance of this 
acquisition and exchange as soon as possible: Provided further, That, 
notwithstanding any other law, all revenues, fees and royalties received 
by the Federal Government from oil and/or gas production from the lands, 
and interests in land, acquired by Doyon, Limited, pursuant to the 
exchange of lands located within Yukon Flats National Wildlife Refuge 
shall be deposited in a special account in the Treasury of the United 
States to be called the Alaska National Wildlife Refuge Land Acquisition 
and Facility Account (``Acquisition Account''): Provided further, That 
all amounts deposited in the

[[Page 118 STAT. 3045]]

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

                       Landowner Incentive Program

    For expenses necessary to carry out the Land and Water Conservation 
Fund Act of 1965, as amended (16 U.S.C. 460l-4 through 11), including 
administrative expenses, and for private conservation efforts to be 
carried out on private lands, $22,000,000, to be derived from the Land 
and Water Conservation Fund, and to remain available until expended: 
Provided, <<NOTE: Grants. State listing.>> That the amount provided 
herein is for a Landowner Incentive Program established by the Secretary 
that provides matching, competitively awarded grants to States, the 
District of Columbia, federally recognized Indian tribes, Puerto Rico, 
Guam, the United States Virgin Islands, the Northern Mariana Islands, 
and American Samoa, to establish or supplement existing landowner 
incentive programs that provide technical and financial assistance, 
including habitat protection and restoration, to private landowners for 
the protection and management of habitat to benefit federally listed, 
proposed, candidate, or other at-risk species on private lands.

                       private stewardship grants

    For expenses necessary to carry out the Land and Water Conservation 
Fund Act of 1965, as amended (16 U.S.C. 460l-4 through 11), including 
administrative expenses, and for private conservation efforts to be 
carried out on private lands, $7,000,000, to be derived from the Land 
and Water Conservation Fund, and to remain available until expended: 
Provided, That the amount provided herein is for the Private Stewardship 
Grants Program established by the Secretary to provide grants and other 
assistance to individuals and groups engaged in private conservation 
efforts that benefit federally listed, proposed, candidate, or other at-
risk species: Provided further, That balances from amounts previously 
appropriated under the heading ``Stewardship Grants'' shall be 
transferred to and merged with this appropriation and shall remain 
available until expended.

            Cooperative Endangered Species Conservation Fund

    For expenses necessary to carry out section 6 of the Endangered 
Species Act of 1973 (16 U.S.C. 1531 et seq.), as amended,

[[Page 118 STAT. 3046]]

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

                      National Wildlife Refuge Fund

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

                North American Wetlands Conservation Fund

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

                 Neotropical Migratory Bird Conservation

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

                 Multinational Species Conservation Fund

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

                    State and Tribal Wildlife Grants

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

[[Page 118 STAT. 3047]]

(2) two-thirds of which is based on the ratio to which the population of 
such State bears to the total population of all such States: Provided 
further, That the amounts apportioned under this paragraph shall be 
adjusted equitably so that no State shall be apportioned a sum which is 
less than 1 percent of the amount available for apportionment under this 
paragraph for any fiscal year or more than 5 percent of such amount: 
Provided further, That the Federal share of planning grants shall not 
exceed 75 percent of the total costs of such projects and the Federal 
share of implementation grants shall not exceed 50 percent of the total 
costs of such projects: Provided further, That the non-Federal share of 
such projects may not be derived from Federal grant programs: Provided 
further, <<NOTE: Deadline.>> That no State, territory, or other 
jurisdiction shall receive a grant unless it has developed, or committed 
to develop by October 1, 2005, a comprehensive wildlife conservation 
plan, consistent with criteria established by the Secretary of the 
Interior, that considers the broad range of the State, territory, or 
other jurisdiction's wildlife and associated habitats, with appropriate 
priority placed on those species with the greatest conservation need and 
taking into consideration the relative level of funding available for 
the conservation of those species: Provided further, That any amount 
apportioned in 2005 to any State, territory, or other jurisdiction that 
remains unobligated as of September 30, 2006, shall be reapportioned, 
together with funds appropriated in 2007, in the manner provided herein: 
Provided further, That balances from amounts previously appropriated 
under the heading ``State Wildlife Grants'' shall be transferred to and 
merged with this appropriation and shall remain available until 
expended.

                        Administrative Provisions

    Appropriations and funds available to the United States Fish and 
Wildlife Service shall be available for purchase of not to exceed 179 
passenger motor vehicles, of which 161 are for replacement only 
(including 44 for police-type use); repair of damage to public roads 
within and adjacent to reservation areas caused by operations of the 
Service; options for the purchase of land at not to exceed $1 for each 
option; facilities incident to such public recreational uses on 
conservation areas as are consistent with their primary purpose; and the 
maintenance and improvement of aquaria, buildings, and other facilities 
under the jurisdiction of the Service and to which the United States has 
title, and which are used pursuant to law in connection with management, 
and investigation of fish and wildlife resources: 
Provided, <<NOTE: Contracts.>> That notwithstanding 44 U.S.C. 501, the 
Service may, under cooperative cost sharing and partnership arrangements 
authorized by law, procure printing services from cooperators in 
connection with jointly produced publications for which the cooperators 
share at least one-half the cost of printing either in cash or services 
and the Service determines the cooperator is capable of meeting accepted 
quality standards: Provided further, That, notwithstanding any other 
provision of law, the Service may use up to $2,000,000 from funds 
provided for contracts for employment-related legal services: Provided 
further, That the Service may accept donated aircraft as replacements 
for existing aircraft: Provided further, That, notwithstanding any other 
provision of law, the Secretary of the Interior may not spend any of the 
funds appropriated in this Act for the purchase of lands or interests in 
lands to be used in the establishment of any new

[[Page 118 STAT. 3048]]

unit of the National Wildlife Refuge System unless the purchase is 
approved in advance by the House and Senate Committees on Appropriations 
in compliance with the reprogramming procedures contained in House 
Report 108-330.

                          National Park Service

                  Operation of the National Park System

    For expenses necessary for the management, operation, and 
maintenance of areas and facilities administered by the National Park 
Service (including special road maintenance service to trucking 
permittees on a reimbursable basis), and for the general administration 
of the National Park Service, $1,707,282,000, of which $10,708,000 is 
for planning and interagency coordination in support of Everglades 
restoration and shall remain available until expended; of which 
$96,440,000 is for maintenance, repair or rehabilitation projects for 
constructed assets, operation of the National Park Service automated 
facility management software system, and comprehensive facility 
condition assessments; and of which $2,000,000 is for the Youth 
Conservation Corps for high priority projects: Provided, That the only 
funds in this account which may be made available to support United 
States Park Police are those funds approved for emergency law and order 
incidents pursuant to established National Park Service procedures, 
those funds needed to maintain and repair United States Park Police 
administrative facilities, and those funds necessary to reimburse the 
United States Park Police account for the unbudgeted overtime and travel 
costs associated with special events for an amount not to exceed $10,000 
per event subject to the review and concurrence of the Washington 
headquarters office.

                        United States Park Police

    For expenses necessary to carry out the programs of the United 
States Park Police, $81,204,000.

                  National Recreation and Preservation

    For expenses necessary to carry out recreation programs, natural 
programs, cultural programs, heritage partnership programs, 
environmental compliance and review, international park affairs, 
statutory or contractual aid for other activities, and grant 
administration, not otherwise provided for, $61,832,000: Provided, That 
$700,000 from the Statutory and Contractual Aid Account shall be 
provided to the City of Tacoma, Washington for the purpose of conducting 
a feasibility study for the Train to the Mountain project: Provided 
further, That none of the funds in this Act for the River, Trails and 
Conservation Assistance program may be used for cash agreements, or for 
cooperative agreements that are inconsistent with the program's final 
strategic plan: Provided further, That notwithstanding section 8(b) of 
Public Law 102-543 (16 U.S.C. 410yy-8(b)), amounts made available under 
this heading to the Keweenaw National Historical Park shall be matched 
on not less than a 1-to-1 basis by non-Federal funds.

[[Page 118 STAT. 3049]]

                       Historic Preservation Fund

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

                              construction

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

[[Page 118 STAT. 3050]]

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

                    Land and Water Conservation Fund

                              (rescission)

    The <<NOTE: 16 USC 460l-10a note.>> contract authority provided for 
fiscal year 2005 by 16 U.S.C. 460l-10a are rescinded.

                  Land Acquisition and State Assistance

                      (including transfer of funds)

    For expenses necessary to carry out the Land and Water Conservation 
Act of 1965, as amended (16 U.S.C. 460l-4 through 11), including 
administrative expenses, and for acquisition of lands or waters, or 
interest therein, in accordance with the statutory authority applicable 
to the National Park Service, $148,411,000, to be derived from the Land 
and Water Conservation Fund and to remain available until expended, of 
which $92,500,000 is for the State assistance program including 
$1,500,000 to administer this program: Provided, That none of the funds 
provided for the State assistance program may be used to establish a 
contingency fund: Provided further, That in lieu of State assistance 
program indirect costs (as described in OMB Circular A-87), not to 
exceed 5 percent of apportionments under the State assistance program 
may be used by States, the District of Columbia, and insular areas to 
support program administrative costs: Provided further, That $250,000 of 
the amount provided under this heading for civil war battlefield 
protection shall be available for transfer to the ``National Recreation 
and Preservation'' account.

                        ADMINISTRATIVE PROVISIONS

    Appropriations for the National Park Service shall be available for 
the purchase of not to exceed 249 passenger motor vehicles, of which 202 
shall be for replacement only, including not to exceed 193 for police-
type use, 10 buses, and 8 ambulances: Provided, That none of the funds 
appropriated to the National Park Service may be used to process any 
grant or contract documents which do not include the text of 18 U.S.C. 
1913: Provided further, <<NOTE: Expiration date. Reports.>> That none of 
the funds appropriated to the National Park Service may be used to 
implement an agreement for the redevelopment of the southern end of 
Ellis Island until such agreement has been submitted to the Congress and 
shall not be implemented prior to the expiration of 30 calendar days 
(not including any day in which either House of Congress is not in 
session because of adjournment of more than 3 calendar days to a day 
certain) from the receipt by the Speaker of the House of Representatives 
and the President of the Senate of a full and comprehensive report on 
the development of the southern end of Ellis Island, including the facts 
and circumstances relied upon in support of the proposed project: 
Provided further, That appropriations available to the National Park 
Service may be used to maintain the following areas in Washington, 
District of Columbia: Jackson Place, Madison Place, and Pennsylvania 
Avenue between 15th and 17th Streets, Northwest.

[[Page 118 STAT. 3051]]

    None of the funds in this Act may be spent by the National Park 
Service for activities taken in direct response to the United Nations 
Biodiversity Convention.
    The National Park Service may distribute to operating units based on 
the safety record of each unit the costs of programs designed to improve 
workplace and employee safety, and to encourage employees receiving 
workers' compensation benefits pursuant to chapter 81 of title 5, United 
States Code, to return to appropriate positions for which they are 
medically able.
    Notwithstanding any other provision of law, in fiscal year 2005, 
with respect to the administration of the National Park Service park 
pass program by the National Park Foundation, the Secretary may pay to 
the Foundation administrative funds expected to be received in that 
fiscal year before the revenues are collected, so long as total payments 
in the administrative account do not exceed total revenue collected and 
deposited in that account by the end of the fiscal year.
    If <<NOTE: Deadline.>> the Secretary of the Interior considers the 
decision of any value determination proceeding conducted under a 
National Park Service concession contract issued prior to November 13, 
1998, to misinterpret or misapply relevant contractual requirements or 
their underlying legal authority, the Secretary may seek, within 180 
days of any such decision, the de novo review of the value determination 
by the United States Court of Federal Claims, and that court may make an 
order affirming, vacating, modifying or correcting the determination.

    In addition to other uses set forth in section 407(d) of Public Law 
105-391, franchise fees credited to a sub-account shall be available for 
expenditure by the Secretary, without further appropriation, for use at 
any unit within the National Park System to extinguish or reduce 
liability for Possessory Interest or leasehold surrender interest. Such 
funds may only be used for this purpose to the extent that the 
benefiting unit anticipated franchise fee receipts over the term of the 
contract at that unit exceed the amount of funds used to extinguish or 
reduce liability. Franchise fees at the benefiting unit shall be 
credited to the sub-account of the originating unit over a period not to 
exceed the term of a single contract at the benefiting unit, in the 
amount of funds so expended to extinguish or reduce liability.

                     United States Geological Survey

                  Surveys, Investigations, and Research

    For expenses necessary for the United States Geological Survey to 
perform surveys, investigations, and research covering topography, 
geology, hydrology, biology, and the mineral and water resources of the 
United States, its territories and possessions, and other areas as 
authorized by 43 U.S.C. 31, 1332, and 1340; classify lands as to their 
mineral and water resources; give engineering supervision to power 
permittees and Federal Energy Regulatory Commission licensees; 
administer the minerals exploration program (30 U.S.C. 641); and publish 
and disseminate data relative to the foregoing activities; and to 
conduct inquiries into the economic conditions affecting mining and 
materials processing industries (30 U.S.C. 3, 21a, and 1603; 50 U.S.C. 
98g(1)) and related purposes as authorized by law and to publish and 
disseminate data; $948,921,000, of which $63,262,000 shall be available 
only for

[[Page 118 STAT. 3052]]

cooperation with States or municipalities for water resources 
investigations; and of which $7,901,000 shall remain available until 
expended for satellite operations; and of which $21,971,000 shall be 
available until September 30, 2006, for the operation and maintenance of 
facilities and deferred maintenance; and of which $1,600,000 shall be 
available until expended for deferred maintenance and capital 
improvement projects that exceed $100,000 in cost; and of which 
$174,219,000 shall be available until September 30, 2006, for the 
biological research activity and the operation of the Cooperative 
Research Units: Provided, That none of the funds provided for the 
biological research activity shall be used to conduct new surveys on 
private property, unless specifically authorized in writing by the 
property owner: Provided further, That <<NOTE: 43 USC 50.>> no part of 
this appropriation shall be used to pay more than one-half the cost of 
topographic mapping or water resources data collection and 
investigations carried on in cooperation with States and municipalities.

                        ADMINISTRATIVE PROVISIONS

    The <<NOTE: Contracts.>> amount appropriated for the United States 
Geological Survey shall be available for the purchase and replacement of 
passenger motor vehicles; reimbursement to the General Services 
Administration for security guard services; contracting for the 
furnishing of topographic maps and for the making of geophysical or 
other specialized surveys when it is administratively determined that 
such procedures are in the public interest; construction and maintenance 
of necessary buildings and appurtenant facilities; acquisition of lands 
for gauging stations and observation wells; expenses of the United 
States National Committee on Geology; and payment of compensation and 
expenses of persons on the rolls of the Survey duly appointed to 
represent the United States in the negotiation and administration of 
interstate compacts: Provided, That activities funded by appropriations 
herein made may be accomplished through the use of contracts, grants, or 
cooperative agreements as defined in 31 U.S.C. 6302 et seq.: Provided 
further, That the United States Geological Survey may enter into 
contracts or cooperative agreements directly with individuals or 
indirectly with institutions or nonprofit organizations, without regard 
to 41 U.S.C. 5, for the temporary or intermittent services of students 
or recent graduates, who shall be considered employees for the purpose 
of chapters 57 and 81 of title 5, United States Code, relating to 
compensation for travel and work injuries, and chapter 171 of title 28, 
United States Code, relating to tort claims, but shall not be considered 
to be Federal employees for any other purposes.

                       Minerals Management Service

                Royalty and Offshore Minerals Management

    For expenses necessary for minerals leasing and environmental 
studies, regulation of industry operations, and collection of royalties, 
as authorized by law; for enforcing laws and regulations applicable to 
oil, gas, and other minerals leases, permits, licenses and operating 
contracts; and for matching grants or cooperative agreements; including 
the purchase of not to exceed eight passenger motor vehicles for 
replacement only, $169,175,000, of which $76,106,000

[[Page 118 STAT. 3053]]

shall be available for royalty management activities; and an amount not 
to exceed $103,730,000, to be credited to this appropriation and to 
remain available until expended, from additions to receipts resulting 
from increases to rates in effect on August 5, 1993, from rate increases 
to fee collections for Outer Continental Shelf administrative activities 
performed by the Minerals Management Service (MMS) over and above the 
rates in effect on September 30, 1993, and from additional fees for 
Outer Continental Shelf administrative activities established after 
September 30, 1993: Provided, That to the extent $103,730,000 in 
additions to receipts are not realized from the sources of receipts 
stated above, the amount needed to reach $103,730,000 shall be credited 
to this appropriation from receipts resulting from rental rates for 
Outer Continental Shelf leases in effect before August 5, 1993: Provided 
further, That $3,000,000 for computer acquisitions shall remain 
available until September 30, 2006: Provided further, That funds 
appropriated under this Act shall be available for the payment of 
interest in accordance with 30 U.S.C. 1721(b) and (d): Provided further, 
That not to exceed $3,000 shall be available for reasonable expenses 
related to promoting volunteer beach and marine cleanup activities: 
Provided further, That notwithstanding any other provision of law, 
$15,000 under this heading shall be available for refunds of 
overpayments in connection with certain Indian leases in which the 
Director of MMS concurred with the claimed refund due, to pay amounts 
owed to Indian allottees or tribes, or to correct prior unrecoverable 
erroneous payments: Provided further, That MMS may under the royalty-in-
kind program, or under its authority to transfer oil to the Strategic 
Petroleum Reserve, use a portion of the revenues from royalty-in-kind 
sales, without regard to fiscal year limitation, to pay for 
transportation to wholesale market centers or upstream pooling points, 
to process or otherwise dispose of royalty production taken in kind, and 
to recover MMS transportation costs, salaries, and other administrative 
costs directly related to the royalty-in-kind program: Provided further, 
That MMS shall analyze and document the expected return in advance of 
any royalty-in-kind sales to assure to the maximum extent practicable 
that royalty income under the pilot program is equal to or greater than 
royalty income recognized under a comparable royalty-in-value program: 
Provided further, <<NOTE: 30 USC 1721 note.>> That in fiscal year 2005 
and thereafter, notwithstanding 30 U.S.C. 191(a) and 43 U.S.C. 1338, the 
Secretary shall pay amounts owed to States under the provision of 30 
U.S.C. 1721(b) from amounts received as current receipts from bonuses, 
royalties, interest collected from lessees and designees, and rentals of 
the public lands and the outer continental shelf under provisions of the 
Mineral Leasing Act (30 U.S.C. 181 et seq.), and the Outer Continental 
Shelf Lands Act (43 U.S.C. 1331 et seq.), which are not payable to a 
State or the Reclamation Fund.

                           Oil Spill Research

    For necessary expenses to carry out title I, section 1016, title IV, 
sections 4202 and 4303, title VII, and title VIII, section 8201 of the 
Oil Pollution Act of 1990, $7,105,000, which shall be derived from the 
Oil Spill Liability Trust Fund, to remain available until expended.

[[Page 118 STAT. 3054]]

          Office of Surface Mining Reclamation and Enforcement

                        Regulation and Technology

    For necessary expenses to carry out the provisions of the Surface 
Mining Control and Reclamation Act of 1977, Public Law 95-87, as 
amended, including the purchase of not to exceed 10 passenger motor 
vehicles, for replacement only; $109,805,000: Provided, That the 
Secretary of the Interior, pursuant to regulations, may use directly or 
through grants to States, moneys collected in fiscal year 2005 for civil 
penalties assessed under section 518 of the Surface Mining Control and 
Reclamation Act of 1977 (30 U.S.C. 1268), to reclaim lands adversely 
affected by coal mining practices after August 3, 1977, to remain 
available until expended: Provided further, <<NOTE: 30 USC 1211 
note.>> That appropriations for the Office of Surface Mining Reclamation 
and Enforcement may provide for the travel and per diem expenses of 
State and tribal personnel attending Office of Surface Mining 
Reclamation and Enforcement sponsored training.

                     Abandoned Mine Reclamation fund

    For necessary expenses to carry out title IV of the Surface Mining 
Control and Reclamation Act of 1977, Public Law 95-87, as amended, 
including the purchase of not more than 10 passenger motor vehicles for 
replacement only, $190,863,000, to be derived from receipts of the 
Abandoned Mine Reclamation Fund and to remain available until expended; 
of which up to $10,000,000, to be derived from the Federal Expenses 
Share of the Fund, shall be for supplemental grants to States for the 
reclamation of abandoned sites with acid mine rock drainage from coal 
mines, and for associated activities, through the Appalachian Clean 
Streams Initiative: Provided, That grants to minimum program States will 
be $1,500,000 per State in fiscal year 2005: Provided further, That 
pursuant to Public Law 97-365, the Department of the Interior is 
authorized to use up to 20 percent from the recovery of the delinquent 
debt owed to the United States Government to pay for contracts to 
collect these debts: Provided further, That funds made available under 
title IV of Public Law 95-87 may be used for any required non-Federal 
share of the cost of projects funded by the Federal Government for the 
purpose of environmental restoration related to treatment or abatement 
of acid mine drainage from abandoned mines: Provided further, That such 
projects must be consistent with the purposes and priorities of the 
Surface Mining Control and Reclamation Act: Provided further, That the 
State of Maryland may set aside the greater of $1,000,000 or 10 percent 
of the total of the grants made available to the State under title IV of 
the Surface Mining Control and Reclamation Act of 1977, as amended (30 
U.S.C. 1231 et seq.), if the amount set aside is deposited in an acid 
mine drainage abatement and treatment fund established under a State 
law, pursuant to which law the amount (together with all interest earned 
on the amount) is expended by the State to undertake acid mine drainage 
abatement and treatment projects, except that before any amounts greater 
than 10 percent of its title IV grants are deposited in an acid

[[Page 118 STAT. 3055]]

mine drainage abatement and treatment fund, the State of Maryland must 
first complete all Surface Mining Control and Reclamation Act priority 
one projects: Provided further, That amounts provided under this heading 
may be used for the travel and per diem expenses of State and tribal 
personnel attending Office of Surface Mining Reclamation and Enforcement 
sponsored training.

                        Administrative Provision

    With funds available for the Technical Innovation and Professional 
Services program in this Act, the Secretary may transfer title for 
computer hardware, software and other technical equipment to State and 
Tribal regulatory and reclamation programs.

                        Bureau of Indian Affairs

                      Operation of Indian Programs

    For expenses necessary for the operation of Indian programs, as 
authorized by law, including the Snyder Act of November 2, 1921 (25 
U.S.C. 13), the Indian Self-Determination and Education Assistance Act 
of 1975 (25 U.S.C. 450 et seq.), as amended, the Education Amendments of 
1978 (25 U.S.C. 2001-2019), and the Tribally Controlled Schools Act of 
1988 (25 U.S.C. 2501 et seq.), as amended, $1,955,047,000, to remain 
available until September 30, 2006 except as otherwise provided herein, 
of which not to exceed $87,638,000 shall be for welfare assistance 
payments and notwithstanding any other provision of law, including but 
not limited to the Indian Self-Determination Act of 1975, as amended, 
not to exceed $136,314,000 shall be available for payments to tribes and 
tribal organizations for contract support costs associated with ongoing 
contracts, grants, compacts, or annual funding agreements entered into 
with the Bureau prior to or during fiscal year 2005, as authorized by 
such Act, except that tribes and tribal organizations may use their 
tribal priority allocations for unmet indirect costs of ongoing 
contracts, grants, or compacts, or annual funding agreements and for 
unmet welfare assistance costs; and of which not to exceed $456,057,000 
for school operations costs of Bureau-funded schools and other education 
programs shall become available on July 1, 2005, and shall remain 
available until September 30, 2006; and of which not to exceed 
$61,801,000 shall remain available until expended for housing 
improvement, road maintenance, attorney fees, litigation support, the 
Indian Self-Determination Fund, land records improvement, and the 
Navajo-Hopi Settlement Program: Provided, That notwithstanding any other 
provision of law, including but not limited to the Indian Self-
Determination Act of 1975, as amended, and 25 U.S.C. 2008, not to exceed 
$45,348,000 within and only from such amounts made available for school 
operations shall be available to tribes and tribal organizations for 
administrative cost grants associated with ongoing grants entered into 
with the Bureau prior to or during fiscal year 2004 for the operation of 
Bureau-funded schools, and up to $1,000,000 within and only from such 
amounts made available for school operations shall be available for the 
transitional costs of initial administrative cost grants to tribes and 
tribal organizations that enter into grants for the operation on or 
after July 1, 2004, of Bureau-operated schools: Provided further, That 
any forestry funds allocated to a tribe which remain unobligated as of 
September

[[Page 118 STAT. 3056]]

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

                              Construction

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

[[Page 118 STAT. 3057]]

this Appropriation may be reimbursed from the Office of the Special 
Trustee for American Indians Appropriation for the appropriate share of 
construction costs for space expansion needed in agency offices to meet 
trust reform implementation.

 Indian Land and Water Claim Settlements and Miscellaneous Payments to 
                                 Indians

    For miscellaneous payments to Indian tribes and individuals and for 
necessary administrative expenses, $44,771,000, to remain available 
until expended, for implementation of Indian land and water claim 
settlements pursuant to Public Laws 99-264, 100-580, 101-618, 106-554, 
107-331, and 108-34, and for implementation of other land and water 
rights settlements, of which $10,032,000 shall be available for payment 
to the Quinault Indian Nation pursuant to the terms of the North 
Boundary Settlement Agreement dated July 14, 2000, providing for the 
acquisition of perpetual conservation easements from the Nation.

                 Indian Guaranteed Loan Program Account

    For the cost of guaranteed and insured loans, $6,421,000, of which 
$695,000 is for administrative expenses, as authorized by the Indian 
Financing Act of 1974, as amended: Provided, That such costs, including 
the cost of modifying such loans, shall be as defined in section 502 of 
the Congressional Budget Act of 1974: Provided further, That these funds 
are available to subsidize total loan principal, any part of which is to 
be guaranteed, not to exceed $84,699,000.

                        Administrative Provisions

    The Bureau of Indian Affairs may carry out the operation of Indian 
programs by direct expenditure, contracts, cooperative agreements, 
compacts and grants, either directly or in cooperation with States and 
other organizations.
    Notwithstanding <<NOTE: Contracts.>> 25 U.S.C. 15, the Bureau of 
Indian Affairs may contract for services in support of the management, 
operation, and maintenance of the Power Division of the San Carlos 
Irrigation Project.

    Appropriations for the Bureau of Indian Affairs (except the 
revolving fund for loans, the Indian loan guarantee and insurance fund, 
and the Indian Guaranteed Loan Program account) shall be available for 
expenses of exhibits, and purchase of not to exceed 229 passenger motor 
vehicles, of which not to exceed 187 shall be for replacement only.
    Notwithstanding any other provision of law, no funds available to 
the Bureau of Indian Affairs for central office operations or pooled 
overhead general administration (except facilities operations and 
maintenance) shall be available for tribal contracts, grants, compacts, 
or cooperative agreements with the Bureau of Indian Affairs under the 
provisions of the Indian Self-Determination Act or the Tribal Self-
Governance Act of 1994 (Public Law 103-413).
    In the event any tribe returns appropriations made available by this 
Act to the Bureau of Indian Affairs for distribution to other tribes, 
this action shall not diminish the Federal Government's trust 
responsibility to that tribe, or the government-to-government

[[Page 118 STAT. 3058]]

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

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

                          Departmental Offices

                             Insular Affairs

                        Assistance to Territories

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

[[Page 118 STAT. 3059]]

of the Northern Mariana Islands as authorized by law (Public Law 94-241; 
90 Stat. 272); and (2) $6,563,000 shall be available for salaries and 
expenses of the Office of Insular Affairs: Provided, That <<NOTE: 48 USC 
1469b.>> all financial transactions of the territorial and local 
governments herein provided for, including such transactions of all 
agencies or instrumentalities established or used by such governments, 
may be audited by the Government Accountability Office, at its 
discretion, in accordance with chapter 35 of title 31, United States 
Code: Provided further, That Northern Mariana Islands Covenant grant 
funding shall be provided according to those terms of the Agreement of 
the Special Representatives on Future United States Financial Assistance 
for the Northern Mariana Islands approved by Public Law 104-134: 
Provided further, That of the amounts provided for technical assistance, 
sufficient funds shall be made available for a grant to the Pacific 
Basin Development Council: Provided further, That of the amounts 
provided for technical assistance, sufficient funding shall be made 
available for a grant to the Close Up Foundation: Provided further, That 
the funds for the program of operations and maintenance improvement are 
appropriated to institutionalize routine operations and maintenance 
improvement of capital infrastructure with territorial participation and 
cost sharing to be determined by the Secretary based on the grantee's 
commitment to timely maintenance of its capital assets: Provided 
further, That any appropriation for disaster assistance under this 
heading in this Act or previous appropriations Acts may be used as non-
Federal matching funds for the purpose of hazard mitigation grants 
provided pursuant to section 404 of the Robert T. Stafford Disaster 
Relief and Emergency Assistance Act (42 U.S.C. 5170c).

                       Compact of Free Association

    For grants and necessary expenses, $5,499,000, as provided for in 
sections 221(a)(2), 221(b), and 233 of the Compact of Free Association 
for the Republic of Palau as authorized by Public Law 99-658; Public Law 
108-188; and section 221(a)(2) of the Compacts of Free Association and 
their related agreements between the Government of the United States and 
the Government of the Republic of the Marshall Islands, and the 
Government of the United States of the Federated States of Micronesia, 
respectively, as amended.

                         Departmental Management

                          Salaries and Expenses

                      (including transfer of funds)

    For necessary expenses for management of the Department of the 
Interior, $90,855,000, of which not to exceed $8,500 may be for official 
reception and representation expenses, of which up to $1,000,000 shall 
be available for workers compensation payments and unemployment 
compensation payments associated with the orderly closure of the United 
States Bureau of Mines, and of which $14,250,000 shall remain available 
until expended for a departmental financial and business management 
system: Provided, That of the funds provided for a departmental 
financial and business management system, $13,500,000 shall be derived 
by transfer from

[[Page 118 STAT. 3060]]

unobligated balances in the ``Central Hazardous Materials Fund'': 
Provided further, That none of the funds in this or previous 
appropriations Acts may be used to establish any additional reserves in 
the Working Capital Fund account other than the two authorized reserves 
without prior approval of the House and Senate Committees on 
Appropriations: Provided further, <<NOTE: Deadline.>> That amounts 
otherwise appropriated by this Act for motor vehicle lease, purchase or 
service costs at the Department of the Interior are reduced by 
$3,000,000 and, not later than 30 days after the date of the enactment 
of this Act, the Director of the Office of Management and Budget shall 
submit to the Committees on Appropriations of the House of 
Representatives and the Senate a listing of the amounts by account of 
the reductions made pursuant to this proviso.

                        Payments in Lieu of Taxes

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

                         Office of the Solicitor

                          Salaries and Expenses

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

                       Office of Inspector General

                          Salaries and Expenses

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

             Office of Special Trustee for American Indians

                         Federal Trust Programs

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

[[Page 118 STAT. 3061]]

funds, until the affected tribe or individual Indian has been furnished 
with an accounting of such funds from which the beneficiary can 
determine whether there has been a loss: Provided further, That, 
notwithstanding <<NOTE: 25 USC 4011 note.>> any other provision of law, 
the Secretary shall not be required to provide a quarterly statement of 
performance for any Indian trust account that has not had activity for 
at least 18 months and has a balance of $1.00 or less: Provided further, 
That <<NOTE: Records.>> the Secretary shall issue an annual account 
statement and maintain a record of any such accounts and shall permit 
the balance in each such account to be withdrawn upon the express 
written request of the account holder: Provided further, That, not to 
exceed $50,000, is available for the Secretary to make payments to 
correct administrative errors of either disbursements from or deposits 
to Individual Indian Money or Tribal accounts after September 30, 2002: 
Provided further, That erroneous payments that are recovered shall be 
credited to and remain available in this account for this purpose.

                        Indian Land Consolidation

    For consolidation of fractional interests in Indian lands and 
expenses associated with redetermining and redistributing escheated 
interests in allotted lands, and for necessary expenses to carry out the 
Indian Land Consolidation Act of 1983, as amended, by direct expenditure 
or cooperative agreement, $35,000,000, to remain available until 
expended, and which may be transferred to the Bureau of Indian Affairs 
and Departmental Management accounts: Provided, That funds provided 
under this heading may be expended pursuant to the authorities contained 
in the provisos under the heading ``Office of Special Trustee for 
American Indians, Indian Land Consolidation'' of the Interior and 
Related Agencies Appropriations Act, 2001 (Public Law 106-291).

           Natural Resource Damage Assessment and Restoration

                 Natural Resource Damage Assessment Fund

    To conduct natural resource damage assessment and restoration 
activities by the Department of the Interior necessary to carry out the 
provisions of the Comprehensive Environmental Response, Compensation, 
and Liability Act, as amended (42 U.S.C. 9601 et seq.), Federal Water 
Pollution Control Act, as amended (33 U.S.C. 1251 et seq.), the Oil 
Pollution Act of 1990 (Public Law 101-380) (33 U.S.C. 2701 et seq.), and 
Public Law 101-337, as amended (16 U.S.C. 19jj et seq.), $5,818,000, to 
remain available until expended.

                        Administrative Provisions

    There is hereby authorized for acquisition from available resources 
within the Working Capital Fund, 15 aircraft, 10 of which shall be for 
replacement and which may be obtained by donation, purchase or through 
available excess surplus property: Provided, That existing aircraft 
being replaced may be sold, with proceeds derived or trade-in value used 
to offset the purchase price for the replacement aircraft: Provided 
further, That no programs funded with appropriated funds in the 
``Departmental Management'', ``Office of the Solicitor'', and ``Office 
of Inspector General'' may

[[Page 118 STAT. 3062]]

be augmented through the Working Capital Fund: Provided further, That 
the annual budget justification for Departmental Management shall 
describe estimated Working Capital Fund charges to bureaus and offices, 
including the methodology on which charges are based: Provided further, 
That departures from the Working Capital Fund estimates contained in the 
Departmental Management budget justification shall be presented to the 
Committees on Appropriations for approval: Provided 
further, <<NOTE: Reports.>> That the Secretary shall provide a semi-
annual report to the Committees on Appropriations on reimbursable 
support agreements between the Office of the Secretary and the National 
Business Center and the bureaus and offices of the Department, including 
the amounts billed pursuant to such agreements.

             General Provisions, Department of the Interior

    Sec. 101. Appropriations made in this title shall be available for 
expenditure or transfer (within each bureau or office), with the 
approval of the Secretary, for the emergency reconstruction, 
replacement, or repair of aircraft, buildings, utilities, or other 
facilities or equipment damaged or destroyed by fire, flood, storm, or 
other unavoidable causes: Provided, That no funds shall be made 
available under this authority until funds specifically made available 
to the Department of the Interior for emergencies shall have been 
exhausted: Provided further, That all funds used pursuant to this 
section are hereby designated as an emergency requirement pursuant to 
section 402 of S. Con. Res. 95 (108th Congress), as made applicable to 
the House of Representatives by H. Res. 649 (108th Congress) and 
applicable to the Senate by section 14007 of Public Law 108-287, and 
must be replenished by a supplemental appropriation which must be 
requested as promptly as possible.
    Sec. 102. The Secretary may authorize the expenditure or transfer of 
any no year appropriation in this title, in addition to the amounts 
included in the budget programs of the several agencies, for the 
suppression or emergency prevention of wildland fires on or threatening 
lands under the jurisdiction of the Department of the Interior; for the 
emergency rehabilitation of burned-over lands under its jurisdiction; 
for emergency actions related to potential or actual earthquakes, 
floods, volcanoes, storms, or other unavoidable causes; for contingency 
planning subsequent to actual oil spills; for response and natural 
resource damage assessment activities related to actual oil spills; for 
the prevention, suppression, and control of actual or potential 
grasshopper and Mormon cricket outbreaks on lands under the jurisdiction 
of the Secretary, pursuant to the authority in section 1773(b) of Public 
Law 99-198 (99 Stat. 1658); for emergency reclamation projects under 
section 410 of Public Law 95-87; and shall transfer, from any no year 
funds available to the Office of Surface Mining Reclamation and 
Enforcement, such funds as may be necessary to permit assumption of 
regulatory authority in the event a primacy State is not carrying out 
the regulatory provisions of the Surface Mining Act: Provided, That 
appropriations made in this title for wildland fire operations shall be 
available for the payment of obligations incurred during the preceding 
fiscal year, and for reimbursement to other Federal agencies for 
destruction of vehicles, aircraft, or other equipment in connection with 
their use for wildland fire operations, such reimbursement to be 
credited to appropriations

[[Page 118 STAT. 3063]]

currently available at the time of receipt thereof: Provided further, 
That for wildland fire operations, no funds shall be made available 
under this authority until the Secretary determines that funds 
appropriated for ``wildland fire operations'' shall be exhausted within 
30 days: Provided further, That all funds used pursuant to this section 
are hereby designated as an emergency requirement pursuant to section 
402 of S. Con. Res. 95 (108th Congress), as made applicable to the House 
of Representatives by H. Res. 649 (108th Congress) and applicable to the 
Senate by section 14007 of Public Law 108-287, and must be replenished 
by a supplemental appropriation which must be requested as promptly as 
possible: Provided further, That such replenishment funds shall be used 
to reimburse, on a pro rata basis, accounts from which emergency funds 
were transferred.
    Sec. 103. <<NOTE: 43 USC 1471c-1.>> Appropriations made to the 
Department of the Interior shall hereafter be available for operation of 
warehouses, garages, shops, and similar facilities, wherever 
consolidation of activities will contribute to efficiency or economy, 
and said appropriations shall be reimbursed for services rendered to any 
other activity in the same manner as authorized by sections 1535 and 
1536 of title 31, United States Code: Provided, That reimbursements for 
costs and supplies, materials, equipment, and for services rendered may 
be credited to the appropriation current at the time such reimbursements 
are received.

    Sec. 104. Appropriations made to the Department of the Interior in 
this title shall be available for services as authorized by 5 U.S.C. 
3109, when authorized by the Secretary, in total amount not to exceed 
$500,000; hire, maintenance, and operation of aircraft; hire of 
passenger motor vehicles; purchase of reprints; payment for telephone 
service in private residences in the field, when authorized under 
regulations approved by the Secretary; and the payment of dues, when 
authorized by the Secretary, for library membership in societies or 
associations which issue publications to members only or at a price to 
members lower than to subscribers who are not members.
    Sec. 105. <<NOTE: 43 USC 1471h.>> Appropriations available to the 
Department of the Interior for salaries and expenses shall hereafter be 
available for uniforms or allowances therefor, as authorized by law (5 
U.S.C. 5901-5902 and D.C. Code 4-204).

    Sec. 106. <<NOTE: 43 USC 1471i.>> Annual appropriations made to the 
Department of the Interior shall hereafter be available for obligation 
in connection with contracts issued for services or rentals for periods 
not in excess of 12 months beginning at any time during the fiscal year.

    Sec. 107. No funds provided in this title may be expended by the 
Department of the Interior for the conduct of offshore preleasing, 
leasing and related activities placed under restriction in the 
President's moratorium statement of June 12, 1998, in the areas of 
northern, central, and southern California; the North Atlantic; 
Washington and Oregon; and the eastern Gulf of Mexico south of 26 
degrees north latitude and east of 86 degrees west longitude.
    Sec. 108. No funds provided in this title may be expended by the 
Department of the Interior to conduct offshore oil and natural gas 
preleasing, leasing and related activities in the eastern Gulf of Mexico 
planning area for any lands located outside Sale 181, as identified in 
the final Outer Continental Shelf 5-Year Oil and Gas Leasing Program, 
1997-2002.

[[Page 118 STAT. 3064]]

    Sec. 109. No funds provided in this title may be expended by the 
Department of the Interior to conduct oil and natural gas preleasing, 
leasing and related activities in the Mid-Atlantic and South Atlantic 
planning areas.
    Sec. 110. Notwithstanding any other provisions of law, the National 
Park Service shall not develop or implement a reduced entrance fee 
program to accommodate non-local travel through a unit. The Secretary 
may provide for and regulate local non-recreational passage through 
units of the National Park System, allowing each unit to develop 
guidelines and permits for such activity appropriate to that unit.
    Sec. 111. <<NOTE: 25 USC 450e-3.>> Advance payments made by the 
Department of the Interior to Indian tribes, tribal organizations, and 
tribal consortia pursuant to the Indian Self-Determination and Education 
Assistance Act (25 U.S.C. 450 et seq.) or the Tribally Controlled 
Schools Act of 1988 (25 U.S.C. 2501 et seq.) may hereafter be invested 
by the Indian tribe, tribal organization, or consortium before such 
funds are expended for the purposes of the grant, compact, or annual 
funding agreement so long as such funds are--
            (1) invested by the Indian tribe, tribal organization, or 
        consortium only in obligations of the United States, or in 
        obligations or securities that are guaranteed or insured by the 
        United States, or mutual (or other) funds registered with the 
        Securities and Exchange Commission and which only invest in 
        obligations of the United States or securities that are 
        guaranteed or insured by the United States; or
            (2) deposited only into accounts that are insured by an 
        agency or instrumentality of the United States, or are fully 
        collateralized to ensure protection of the funds, even in the 
        event of a bank failure.

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

[[Page 118 STAT. 3065]]

unmet needs, dual enrollment, overlapping service areas or inaccurate 
distribution methodologies. No tribe shall receive a reduction in Tribal 
Priority Allocation funds of more than 10 percent in fiscal year 2005. 
Under circumstances of dual enrollment, overlapping service areas or 
inaccurate distribution methodologies, the 10 percent limitation does 
not apply.
    Sec. 115. Funds appropriated for the Bureau of Indian Affairs for 
postsecondary schools for fiscal year 2005 shall be allocated among the 
schools proportionate to the unmet need of the schools as determined by 
the Postsecondary Funding Formula adopted by the Office of Indian 
Education Programs.
    Sec. 116. <<NOTE: Kansas. Cemeteries.>> (a) The Secretary of the 
Interior shall hereafter take such action as may be necessary to ensure 
that the lands comprising the Huron Cemetery in Kansas City, Kansas (as 
described in section 123 of Public Law 106-291) are used only in 
accordance with this section.
    (b) The lands of the Huron Cemetery shall be used only: (1) for 
religious and cultural uses that are compatible with the use of the 
lands as a cemetery; and (2) as a burial ground.

    Sec. 117. Notwithstanding any other provision of law, in conveying 
the Twin Cities Research Center under the authority provided by Public 
Law 104-134, as amended by Public Law 104-208, the Secretary may accept 
and retain land and other forms of reimbursement: Provided, That the 
Secretary may retain and use any such reimbursement until expended and 
without further appropriation: (1) for the benefit of the National 
Wildlife Refuge System within the State of Minnesota; and (2) for all 
activities authorized by Public Law 100-696; 16 U.S.C. 460zz.
    Sec. 118. <<NOTE: 43 USC 1474e.>> Notwithstanding 31 U.S.C. 3302(b), 
sums received by the Bureau of Land Management for the sale of seeds or 
seedlings, may hereafter be credited to the appropriation from which 
funds were expended to acquire or grow the seeds or seedlings and are 
available without fiscal year limitation.

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

[[Page 118 STAT. 3066]]

of time it takes the Department to approve proposed mining plans of 
operations and recommending steps to reduce current delays.
    Sec. 121. Funds provided in this Act for Federal land acquisition by 
the National Park Service for Shenandoah Valley Battlefields National 
Historic District and Ice Age National Scenic Trail may be used for a 
grant to a State, a local government, or any other land management 
entity for the acquisition of lands without regard to any restriction on 
the use of Federal land acquisition funds provided through the Land and 
Water Conservation Fund Act of 1965 as amended.
    Sec. 122. None of the funds made available by this Act may be 
obligated or expended by the National Park Service to enter into or 
implement a concession contract which permits or requires the removal of 
the underground lunchroom at the Carlsbad Caverns National Park.
    Sec. 123. None of the funds made available in this Act may be used: 
(1) to demolish the bridge between Jersey City, New Jersey, and Ellis 
Island; or (2) to prevent pedestrian use of such bridge, when such 
pedestrian use is consistent with generally accepted safety standards.
    Sec. 124. None of the funds in this or any other Act can be used to 
compensate the Special Master and the Special Master-Monitor, and all 
variations thereto, appointed by the United States District Court for 
the District of Columbia in the Cobell v. Norton litigation at an annual 
rate that exceeds 200 percent of the highest Senior Executive Service 
rate of pay for the Washington-Baltimore locality pay area.
    Sec. 125. The Secretary of the Interior may use discretionary funds 
to pay private attorneys fees and costs for employees and former 
employees of the Department of the Interior reasonably incurred in 
connection with Cobell v. Norton to the extent that such fees and costs 
are not paid by the Department of Justice or by private insurance. In no 
case shall the Secretary make payments under this section that would 
result in payment of hourly fees in excess of the highest hourly rate 
approved by the District Court for the District of Columbia for counsel 
in Cobell v. Norton.
    Sec. 126. The United States Fish and Wildlife Service shall, in 
carrying out its responsibilities to protect threatened and endangered 
species of salmon, implement a system of mass marking of salmonid 
stocks, intended for harvest, that are released from Federally operated 
or Federally financed hatcheries including but not limited to fish 
releases of coho, chinook, and steelhead species. Marked fish must have 
a visible mark that can be readily identified by commercial and 
recreational fishers.
    Sec. 127. Such sums as may be necessary from ``Departmental 
Management, Salaries and Expenses'', may be transferred to ``United 
States Fish and Wildlife Service, Resource Management'' for operational 
needs at the Midway Atoll National Wildlife Refuge airport.
    Sec. 128. (a) In General.--Nothing in section 134 of the Department 
of the Interior and Related Agencies Appropriations Act, 2002 (115 Stat. 
443) affects the decision of the United States Court of Appeals for the 
10th Circuit in Sac and Fox Nation v. Norton, 240 F.3d 1250 (2001).
    (b) Use of Certain Indian Land.--Nothing in this section permits the 
conduct of gaming under the Indian Gaming Regulatory Act (25 U.S.C. 2701 
et seq.) on land described in section 123

[[Page 118 STAT. 3067]]

of the Department of the Interior and Related Agencies Appropriations 
Act, 2001 (114 Stat. 944), or land that is contiguous to that land, 
regardless of whether the land or contiguous land has been taken into 
trust by the Secretary of the Interior.
    Sec. 129. No funds appropriated for the Department of the Interior 
by this Act or any other Act shall be used to study or implement any 
plan to drain Lake Powell or to reduce the water level of the lake below 
the range of water levels required for the operation of the Glen Canyon 
Dam.
    Sec. 130. Notwithstanding the limitation in subparagraph (2)(B) of 
section 18(a) of the Indian Gaming Regulatory Act (25 U.S.C. 2717(a)), 
the total amount of all fees imposed by the National Indian Gaming 
Commission for fiscal year 2006 shall not exceed $12,000,000.
    Sec. 131. Notwithstanding any implementation of the Department of 
the Interior's trust reorganization or reengineering plans, or the 
implementation of the ``To Be'' Model, funds appropriated for fiscal 
year 2005 shall be available to the tribes within the California Tribal 
Trust Reform Consortium and to the Salt River Pima-Maricopa Indian 
Community, the Confederated Salish and Kootenai Tribes of the Flathead 
Reservation and the Chippewa Cree Tribe of the Rocky Boys Reservation 
through the same methodology as funds were distributed in fiscal year 
2003. This Demonstration Project shall continue to operate separate and 
apart from the Department of the Interior's trust reform and 
reorganization and the Department shall not impose its trust management 
infrastructure upon or alter the existing trust resource management 
systems of the above referenced tribes having a self-governance compact 
and operating in accordance with the Tribal Self-Governance Program set 
forth in 25 U.S.C. 458aa-458hh: Provided, That the California Trust 
Reform Consortium and any other participating tribe agree to carry out 
their responsibilities under the same written and implemented fiduciary 
standards as those being carried by the Secretary of the Interior: 
Provided further, That they demonstrate to the satisfaction of the 
Secretary that they have the capability to do so: Provided further, That 
the Department shall provide funds to the tribes in an amount equal to 
that required by 25 U.S.C. 458cc(g)(3), including funds specifically or 
functionally related to the provision of trust services to the tribes or 
their members.
    Sec. 132. Notwithstanding any provision of law, including 42 U.S.C. 
4321 et. seq., nonrenewable grazing permits authorized in the Jarbidge 
Field Office, Bureau of Land Management within the past 8 years, shall 
be renewed. The Animal Unit Months contained in the most recently 
expired nonrenewable grazing permit, authorized between March 1, 1997, 
and February 28, 2003, shall continue in effect under the renewed 
permit. Nothing in this section shall be deemed to extend the 
nonrenewable permits beyond the standard 1-year term.
    Sec. 133. <<NOTE: Notices. Mining. Claims.>> Pursuant to section 
10101f(d)(3) of the Omnibus Budget Reconciliation Act of 1993 (30 U.S.C. 
28f(d)(3)), the following claims shall be given notice of defect and the 
opportunity to cure: AKFF061472, AKFF085155-AKFF085156, AKFF061632-
AKFF061633, AKFF061636-AKFF061637, and AKFF084718.

    Sec. 134. Section 702(b)(2) of Public Law 107-282 (116 Stat. 2013) 
is amended by striking ``that if the land'' and all that follows through 
``conveyed by the Foundation.'' and inserting the following:

[[Page 118 STAT. 3068]]

``that provides that (except in a case in which the proceeds of a lease 
are provided to the Foundation to carry out the purposes for which the 
Foundation was established), if the land described in paragraph (3) is 
sold, leased, or otherwise conveyed by the Foundation--''.
    Sec. 135. Amendment of the Surface Mining Control and Reclamation 
Act of 1977. (a) Section 402(b) of the Surface Mining Control and 
Reclamation Act of 1977 (30 U.S.C. 1232(b)) is amended by striking 
``September 30, 2004'' and inserting ``June 30, 2005''.
    (b) Section 125 of Public Law 108-309 <<NOTE: Ante, p. 1142.>> is 
hereby repealed.

    Sec. 136. Notwithstanding any other provision of law, the Secretary 
of the Interior is authorized to acquire lands, waters, or interests 
therein including the use of all or part of any pier, dock, or landing 
within the State of New York and the State of New Jersey, for the 
purpose of operating and maintaining facilities in the support of 
transportation and accommodation of visitors to Ellis, Governors, and 
Liberty Islands, and of other program and administrative activities, by 
donation or with appropriated funds, including franchise fees (and other 
monetary consideration), or by exchange; and the Secretary is authorized 
to negotiate and enter into leases, subleases, concession contracts or 
other agreements for the use of such facilities on such terms and 
conditions as the Secretary may determine reasonable.
    Sec. 137. <<NOTE: South Carolina. 16 USC 668dd note.>> Ernest F. 
Hollings ACE Basin National Wildlife Refuge. (a) Redesignation.--The ACE 
Basin National Wildlife Refuge in the State of South Carolina shall be 
known and designated as the ``Ernest F. Hollings ACE Basin National 
Wildlife Refuge''.

    (b) References.--Any reference in a law, map, regulation, document, 
paper, or other record of the United States to the refuge referred to in 
subsection (a) shall be deemed to be a reference to the ``Ernest F. 
Hollings ACE Basin National Wildlife Refuge''.
    Sec. 138. Financial Assistance; Flood Insurance. The limitations on 
Federal expenditures or financial assistance in section 5 of the Coastal 
Barrier Resources Act (16 U.S.C. 3504) and the limitations on flood 
insurance coverage in section 1321(a) of the National Flood Insurance 
Act of 1968 (42 U.S.C. 4028(a)) shall not apply to lots 15, 16, 25, and 
29 within the Jeremy Cay Subdivision on Edisto Island, South Carolina, 
depicted on the reference map entitled ``John H. Chafee Coastal Barrier 
Resources System Edisto Complex M09/M09P'' dated January 24, 2003.
    Sec. 139. (a) There is hereby released, <<NOTE: California. Federal 
buildings and facilities.>> without consideration, all right, title, and 
interest of the United States in and to the surface portion of that 
portion of the existing building located at 615 North Burnett Road in 
Tipton, California, which encroaches upon land that, subject to a 
reversionary interest, was conveyed by the United States pursuant to the 
Act of July 27, 1866 (14 Stat. 292). The United States retains any 
subsurface mineral rights held by the United States as of the date of 
the enactment of this Act associated with that property. The Secretary 
of the Interior shall execute and file in the appropriate office a deed 
of release, amended deed, or other appropriate instrument effectuating 
the release of interests made by this subsection.

    (b) Section 314 of the National Parks and Recreation Act of 1978 
(Public Law 95-625; 92 Stat. 3480) <<NOTE: 16 USC 45f.>> is amended--
            (1) in subsection (c)(2), by striking ``Such rights of use 
        and occupancy shall be for not more than twenty-five years

[[Page 118 STAT. 3069]]

        or for a term ending at the death of the owner or his or her 
        spouse, whichever is later.''; and
            (2) in subsection (d)(2)(B), by inserting ``and to their 
        heirs, successors, and assigns'' after ``those persons who were 
        lessees or permittees of record on the date of enactment of this 
        Act''.

    (c)(1) The first section of Public Law 99-338 <<NOTE: 16 USC 45a-1 
note.>> is amended by striking ``one renewal'' and inserting ``3 
renewals''.

    (2) Section 3 of Public Law 99-338 <<NOTE: 100 Stat. 641.>> is 
amended to read as follows:

    ``Sec. 3. The permit shall contain the following provisions:
            ``(1) A prohibition on expansion of the Kaweah Project in 
        Sequoia National Park.
            ``(2) A requirement that an independent safety assessment of 
        the Kaweah Project be conducted, and that any deficiencies 
        identified as a result of the assessment would be corrected.
            ``(3) A requirement that the Secretary prepare and submit to 
        Congress an update of the July 1983 report on the impact of the 
        operations of the Kaweah No. 3 facility on Sequoia National 
        Park.
            ``(4) A requirement that the permittee pay the park 
        compensation as determined by the Secretary in consultation with 
        the permittee.
            ``(5) Any other reasonable terms and conditions that the 
        Secretary of the Interior deems necessary and proper for the 
        management and care of Sequoia National Park and the purposes 
        for which it was established.''.

    (3) Public Law 99-338 is further amended by adding at the end the 
following new section:
    ``Sec. 4. The proceeds from any fees imposed pursuant to a permit 
issued under this Act shall be retained by Sequoia National Park and 
Kings Canyon National Park and shall be available, without further 
appropriation, for resources protection, maintenance, and other park 
operational needs.''.
    Sec. 140. <<NOTE: Gaylord A. Nelson Apostle Islands National 
Lakeshore Wilderness Act.>> (a) Short Title.--This section may be cited 
as the ``Gaylord A. Nelson Apostle Islands National Lakeshore Wilderness 
Act''.

    (b) Definitions.--In this section:
            (1) Map.--The term ``map'' means the map entitled ``Apostle 
        Islands Lakeshore Wilderness'', numbered 633/80,058 and dated 
        September 17, 2004.
            (2) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (3) High-water mark.--The term ``high-water mark'' means the 
        point on the bank or shore up to which the water, by its 
        presence and action or flow, leaves a distinct mark indicated by 
        erosion, destruction of or change in vegetation or other easily 
        recognizable characteristic.

    (c) <<NOTE: 16 USC 1132 note.>> Designation of Apostle Islands 
National Lakeshore Wilderness.--
            (1) Designation.--Certain lands comprising approximately 
        33,500 acres within the Apostle Islands National Lakeshore, as 
        generally depicted on the map referred to in subsection (b), are 
        hereby designated as wilderness in accordance with section 3(c) 
        of the Wilderness Act (16 U.S.C. 1132), and therefore as 
        components of the National Wilderness Preservation System.
            (2) Map and description.--

[[Page 118 STAT. 3070]]

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

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

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

[[Page 118 STAT. 3071]]

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

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

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

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

[[Page 118 STAT. 3072]]

                          ``(ii) it was extirpated after 1918 throughout 
                      its range in the United States and its 
                      territories; and
                          ``(iii) after such extirpation, it was 
                      reintroduced in the United States or its 
                      territories as a part of a program carried out by 
                      a Federal agency.''.

    (c) <<NOTE: 16 USC 703 note.>> Publication of List.--
            (1) <<NOTE: Deadline. Federal Register, publication.>> In 
        general.--Not later than 90 days after the date of enactment of 
        this section, the Secretary of the Interior shall publish in the 
        Federal Register a list of all nonnative, human-introduced bird 
        species to which the Migratory Bird Treaty Act (16 U.S.C. 703 et 
        seq.) does not apply. As necessary, the Secretary may update and 
        publish the list of species exempted from protection of the 
        Migratory Bird Treaty Act.
            (2) Public comment.--Before publishing the list under 
        paragraph (1), the Secretary shall provide adequate time for 
        public comment.
            (3) Effect of section.--Nothing in this subsection shall 
        delay implementation of other provisions of this section or 
        amendments made by this section that exclude nonnative, human-
        introduced bird species from the application of the Migratory 
        Bird Treaty Act (16 U.S.C. 703 et seq.).

    (d) <<NOTE: 16 USC 703 note.>> Relationship to Treaties.--It is the 
sense of Congress that the language of this section is consistent with 
the intent and language of the 4 bilateral treaties implemented by this 
section.

    Sec. 144. <<NOTE: Foundation for Nevada's Veterans Land Transfer Act 
of 2004.>> (a) Short Title.--This section may be cited as the 
``Foundation for Nevada's Veterans Land Transfer Act of 2004''.

    (b) Transfer of Administrative Jurisdiction, Bureau of Land 
Management Land, Clark County, Nevada.--
            (1) In general.--Administrative jurisdiction over the land 
        described in paragraph (2) is transferred from the Secretary of 
        the Interior to the Secretary of Veterans Affairs.
            (2) Description of land.--The parcel of land referred to in 
        paragraph (1) is the approximately 150 acres of Bureau of Land 
        Management land in Clark County, Nevada, as generally depicted 
        on the map entitled ``Veterans Administration Conveyance'' and 
        dated September 24, 2004.
            (3) Use of land.--The parcel of land described in paragraph 
        (2) shall be used by the Secretary of Veterans Affairs for the 
        construction and operation of medical and related facilities, as 
        determined to be appropriate by the Secretary of Veterans 
        Affairs.

    Sec. 145. Cumberland Island Wilderness Boundary Adjustment. (a) In 
General.--Public Law 97-250 (96 Stat. 709) is amended by striking 
section <<NOTE: 16 USC 1132 note.>> 2 and inserting the following:

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

    ``(a) Definitions.--In this section:
            ``(1) Map.--The term `map' means the map entitled 
        `Cumberland Island Wilderness', numbered 640/20,038I, and dated 
        September 2004.
            ``(2) Secretary.--The term `Secretary' means the Secretary 
        of the Interior.
            ``(3) Wilderness.--The term `Wilderness' means the 
        Cumberland Island Wilderness established by subsection (b).
            ``(4) Potential wilderness.--The term `Potential Wilderness' 
        means the 10,500 acres of potential wilderness described in 
        subsection (c)(2), but does not include the area at the north

[[Page 118 STAT. 3073]]

        end of Cumberland Island known as the `High Point Half-Moon 
        Bluff Historic District'.

    ``(b) Establishment.--
            ``(1) In general.--Approximately 9,886 acres of land in the 
        Cumberland Island National Seashore depicted on the map as 
        `Wilderness' is designated as a component of the National 
        Wilderness Preservation System and shall be known as the 
        `Cumberland Island Wilderness'.
            ``(2) Exclusions.--The 25-foot wide roadways depicted on the 
        map as the `Main Road', `Plum Orchard', and the `North Cut Road' 
        shall not be included in the Wilderness and shall be maintained 
        by the Secretary for continued vehicle use.

    ``(c) Additional Land.--In addition to the land designated under 
subsection (b), the Secretary shall--
            ``(1) on acquisition of the approximately 231 acres of land 
        identified on the map as `Areas Become Designated Wilderness 
        upon Acquisition by the NPS'; and
            ``(2) <<NOTE: Federal Register, publication. Notice.>> on 
        publication in the Federal Register of a notice that all uses of 
        the approximately 10,500 acres of land depicted on the map as 
        `Potential Wilderness' that are prohibited under the Wilderness 
        Act (16 U.S.C. 1131 et seq.) have ceased, adjust the boundary of 
        the Wilderness to include the land.

    ``(d) Availability of Map.--The map shall be on file and available 
for public inspection in the appropriate offices of the National Park 
Service.
    ``(e) Administration.--Subject to valid existing rights, the 
Wilderness shall be administered by the Secretary, in accordance with 
the applicable provisions of the Wilderness Act (16 U.S.C. 1131 et seq.) 
governing areas designated by that Act as wilderness areas, except 
that--
            ``(1) any reference in such provisions to the effective date 
        of that Act shall be deemed to be a reference to the effective 
        date of this Act; and
            ``(2) where appropriate, any reference in that Act to the 
        Secretary of Agriculture shall be deemed to be a reference to 
        the Secretary.

    ``(f) Effect.--Any person with a right to utility service on 
Cumberland Island on the date of enactment of this subsection shall 
continue to have the right to utility service in the Wilderness after 
the date of enactment of this subsection.
    ``(g) <<NOTE: Deadline.>> Management Plan for Access to Main Road 
and North Cut Road.--Not later than 1 year after the date of the 
enactment of the Cumberland Island Wilderness Boundary Adjustment Act of 
2004, the Secretary shall complete a management plan to ensure that not 
more than 8 and not less than 5 round trips are made available daily on 
the Main Road north of the Plum Orchard Spur and the North Cut Road by 
the National Park Service or a concessionaire for the purpose of 
transporting visitors to and from the historic sites located adjacent to 
Wilderness.''.

    (b) Tours of Cumberland Island National Seashore.--Section 6 of 
Public Law 92-536 (86 Stat. 1066) <<NOTE: 16 USC 429i-5.>> is amended--
            (1) in subsection (b), by inserting ``, except as provided 
        in subsection (c),'' before ``no development of the project''; 
        and
            (2) by adding at the end the following:

    ``(c) <<NOTE: Contracts.>> Tours of the Seashore.--Notwithstanding 
subsection (b), the Secretary may enter into not more than 3 concession 
contracts,

[[Page 118 STAT. 3074]]

as the Secretary determines appropriate, for the provision of tours for 
visitors to the seashore that are consistent with--
            ``(1) this Act;
            ``(2) the Wilderness Act (16 U.S.C. 1131 et seq.); and
            ``(3) Public Law 97-250 (96 Stat. 709).''.

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

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

                       TITLE II--RELATED AGENCIES

                        DEPARTMENT OF AGRICULTURE

                             Forest Service

                      forest and rangeland research

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

                       state and private forestry

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

                         national forest system

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

[[Page 118 STAT. 3075]]

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

                        wildland fire management

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

[[Page 118 STAT. 3076]]

and Rangeland Research appropriation, are also available in the 
utilization of these funds for Fire Science Research: Provided further, 
That funds provided shall be available for emergency rehabilitation and 
restoration, hazardous fuels reduction activities in the urban-wildland 
interface, support to Federal emergency response, and wildfire 
suppression activities of the Forest Service: Provided further, That of 
the funds provided, $266,238,000 is for hazardous fuels reduction 
activities, $13,000,000 is for rehabilitation and restoration, 
$22,025,000 is for research activities and to make competitive research 
grants pursuant to the Forest and Rangeland Renewable Resources Research 
Act, as amended (16 U.S.C. 1641 et seq.), $40,745,000 is for State fire 
assistance, $8,000,000 is for volunteer fire assistance, $15,000,000 is 
for forest health activities on Federal lands and $10,000,000 is for 
forest health activities on State and private lands: Provided further, 
That amounts in this paragraph may be transferred to the ``State and 
Private Forestry'', ``National Forest System'', and ``Forest and 
Rangeland Research'' accounts to fund State fire assistance, volunteer 
fire assistance, forest health management, forest and rangeland 
research, vegetation and watershed management, heritage site 
rehabilitation, and wildlife and fish habitat management and 
restoration: Provided further, That transfers of any amounts in excess 
of those authorized in this paragraph, shall require approval of the 
House and Senate Committees on Appropriations in compliance with 
reprogramming procedures contained in House Report 108-330: Provided 
further, That the costs of implementing any cooperative agreement 
between the Federal Government and any non-Federal entity may be shared, 
as mutually agreed on by the affected parties: Provided further, That in 
addition to funds provided for State Fire Assistance programs, and 
subject to all authorities available to the Forest Service under the 
State and Private Forestry Appropriations, up to $15,000,000 may be used 
on adjacent non-Federal lands for the purpose of protecting communities 
when hazard reduction activities are planned on national forest lands 
that have the potential to place such communities at risk: Provided 
further, That included in funding for hazardous fuel reduction is 
$5,000,000 for implementing the Community Forest Restoration Act, Public 
Law 106-393, title VI, and any portion of such funds shall be available 
for use on non-Federal lands in accordance with authorities available to 
the Forest Service under the State and Private Forestry Appropriation: 
Provided further, That the Secretary of the Interior and the Secretary 
of Agriculture may authorize the transfer of funds appropriated for 
wildland fire management, in an aggregate amount not to exceed 
$12,000,000, between the Departments when such transfers would 
facilitate and expedite jointly funded wildland fire management programs 
and projects: Provided further, That of the funds provided for hazardous 
fuels reduction, not to exceed $5,000,000, may be used to make grants, 
using any authorities available to the Forest Service under the State 
and Private Forestry appropriation, for the purpose of creating 
incentives for increased use of biomass from national forest lands.

                   capital improvement and maintenance

    For necessary expenses of the Forest Service, not otherwise provided 
for, $521,952,000, to remain available until expended for construction, 
reconstruction, maintenance and acquisition of buildings and other 
facilities, and for construction, reconstruction,

[[Page 118 STAT. 3077]]

repair, decommissioning, and maintenance of forest roads and trails by 
the Forest Service as authorized by 16 U.S.C. 532-538 and 23 U.S.C. 101 
and 205: Provided, That up to $15,000,000 of the funds provided herein 
for road maintenance shall be available for the decommissioning of 
roads, including unauthorized roads not part of the transportation 
system, which are no longer needed: Provided further, That no funds 
shall be expended to decommission any system road until notice and an 
opportunity for public comment has been provided on each decommissioning 
project: Provided further, That subject to all the authorities available 
to the Forest Service under the State and Private Forestry 
appropriation, up to $1,000,000 may be used on non-Federal lands 
adjacent to the Chugach National Forest for the purpose of expanding 
recreational opportunities.

                            land acquisition

    For expenses necessary to carry out the provisions of the Land and 
Water Conservation Fund Act of 1965, as amended (16 U.S.C. 460l-4 
through 11), including administrative expenses, and for acquisition of 
land or waters, or interest therein, in accordance with statutory 
authority applicable to the Forest Service, $61,866,000, to be derived 
from the Land and Water Conservation Fund and to remain available until 
expended.

         acquisition of lands for national forests special acts

    For acquisition of lands within the exterior boundaries of the 
Cache, Uinta, and Wasatch National Forests, Utah; the Toiyabe National 
Forest, Nevada; and the Angeles, San Bernardino, Sequoia, and Cleveland 
National Forests, California, as authorized by law, $1,069,000, to be 
derived from forest receipts.

             acquisition of lands to complete land exchanges

    For acquisition of lands, such sums, to be derived from funds 
deposited by State, county, or municipal governments, public school 
districts, or other public school authorities, and for authorized 
expenditures from funds deposited by non-Federal parties pursuant to 
Land Sale and Exchange Acts, pursuant to the Act of December 4, 1967, as 
amended (16 U.S.C. 484a), to remain available until expended.

                          range betterment fund

    For necessary expenses of range rehabilitation, protection, and 
improvement, 50 percent of all moneys received during the prior fiscal 
year, as fees for grazing domestic livestock on lands in National 
Forests in the 16 Western States, pursuant to section 401(b)(1) of 
Public Law 94-579, as amended, to remain available until expended, of 
which not to exceed 6 percent shall be available for administrative 
expenses associated with on-the-ground range rehabilitation, protection, 
and improvements.

[[Page 118 STAT. 3078]]

     gifts, donations and bequests for forest and rangeland research

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

        management of national forest lands for subsistence uses

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

                administrative provisions, forest service

    Appropriations to the Forest Service for the current fiscal year 
shall be available for: (1) purchase of not to exceed 124 passenger 
motor vehicles of which 21 will be used primarily for law enforcement 
purposes and of which 124 shall be for replacement; acquisition of 25 
passenger motor vehicles from excess sources, and hire of such vehicles; 
purchase, lease, operation, maintenance, and acquisition of aircraft 
from excess sources to maintain the operable fleet at 195 aircraft for 
use in Forest Service wildland fire programs and other Forest Service 
programs; notwithstanding other provisions of law, existing aircraft 
being replaced may be sold, with proceeds derived or trade-in value used 
to offset the purchase price for the replacement aircraft; (2) services 
pursuant to 7 U.S.C. 2225, and not to exceed $100,000 for employment 
under 5 U.S.C. 3109; (3) purchase, erection, and alteration of buildings 
and other public improvements (7 U.S.C. 2250); (4) acquisition of land, 
waters, and interests therein pursuant to 7 U.S.C. 428a; (5) for 
expenses pursuant to the Volunteers in the National Forest Act of 1972 
(16 U.S.C. 558a, 558d, and 558a note); (6) the cost of uniforms as 
authorized by 5 U.S.C. 5901-5902; and (7) for debt collection contracts 
in accordance with 31 U.S.C. 3718(c).
    None of the funds made available under this Act shall be obligated 
or expended to abolish any region, to move or close any regional office 
for National Forest System administration of the Forest Service, 
Department of Agriculture without the consent of the House and Senate 
Committees on Appropriations.
    Any <<NOTE: Notification.>> appropriations or funds available to the 
Forest Service may be transferred to the Wildland Fire Management 
appropriation for forest firefighting, emergency rehabilitation of 
burned-over or damaged lands or waters under its jurisdiction, and fire 
preparedness due to severe burning conditions upon notification of the 
House and Senate Committees on Appropriations and if and only if all 
previously appropriated emergency contingent funds under the heading 
``Wildland Fire Management'' have been released by the President and 
apportioned and all wildfire suppression funds under the heading 
``Wildland Fire Management'' are obligated.

    The first transfer of funds into the Wildland Fire Management 
account shall include unobligated funds, if available, from the Land 
Acquisition account and the Forest Legacy program within the State and 
Private Forestry account.
    Funds appropriated to the Forest Service shall be available for 
assistance to or through the Agency for International Development and 
the Foreign Agricultural Service in connection with forest

[[Page 118 STAT. 3079]]

and rangeland research, technical information, and assistance in foreign 
countries, and shall be available to support forestry and related 
natural resource activities outside the United States and its 
territories and possessions, including technical assistance, education 
and training, and cooperation with United States and international 
organizations.
    None of the funds made available to the Forest Service under this 
Act shall be subject to transfer under the provisions of section 702(b) 
of the Department of Agriculture Organic Act of 1944 (7 U.S.C. 2257) or 
7 U.S.C. 147b.
    Not less than $20,000,000 of funds under section 8002 of the Farm 
Security and Rural Investment Act of 2002 is hereby canceled.
    None of the funds available to the Forest Service may be 
reprogrammed without the advance approval of the House and Senate 
Committees on Appropriations in accordance with the reprogramming 
procedures contained in House Report 108-330.
    Not more than $72,467,000 of the funds available to the Forest 
Service shall be transferred to the Working Capital Fund of the 
Department of Agriculture.
    Funds available to the Forest Service shall be available to conduct 
a program of not less than $2,000,000 for high priority projects within 
the scope of the approved budget which shall be carried out by the Youth 
Conservation Corps.
    Of the funds available to the Forest Service, $2,500 is available to 
the Chief of the Forest Service for official reception and 
representation expenses.
    Pursuant to sections 405(b) and 410(b) of Public Law 101-593, of the 
funds available to the Forest Service, $3,300,000 may be advanced in a 
lump sum to the National Forest Foundation to aid conservation 
partnership projects in support of the Forest Service mission, without 
regard to when the Foundation incurs expenses, for administrative 
expenses or projects on or benefitting National Forest System lands or 
related to Forest Service programs: Provided, That of the Federal funds 
made available to the Foundation, $300,000 may be used for Forest 
Service Centennial activities and, of the total available to the 
Foundation, no more than $350,000 shall be available for administrative 
expenses: Provided further, That the Foundation shall obtain, by the end 
of the period of Federal financial assistance, private contributions to 
match on at least one-for-one basis funds made available by the Forest 
Service: Provided further, That the Foundation may transfer Federal 
funds to a non-Federal recipient for a project at the same rate that the 
recipient has obtained the non-Federal matching funds: Provided 
further, <<NOTE: 16 USC 583j-9 note.>> That authorized investments of 
Federal funds held by the Foundation may be made only in interest-
bearing obligations of the United States or in obligations guaranteed as 
to both principal and interest by the United States.

    Pursuant to section 2(b)(2) of Public Law 98-244, $2,650,000 of the 
funds available to the Forest Service shall be available for matching 
funds to the National Fish and Wildlife Foundation, as authorized by 16 
U.S.C. 3701-3709, and may be advanced in a lump sum to aid conservation 
partnership projects in support of the Forest Service mission, without 
regard to when expenses are incurred, for projects on or benefitting 
National Forest System lands or related to Forest Service programs: 
Provided, That the Foundation shall obtain, by the end of the period of 
Federal financial assistance, private contributions to match on at least 
one-for-one

[[Page 118 STAT. 3080]]

basis funds advanced by the Forest Service: Provided further, That the 
Foundation may transfer Federal funds to a non-Federal recipient for a 
project at the same rate that the recipient has obtained the non-Federal 
matching funds.
    Funds appropriated to the Forest Service shall be available for 
interactions with and providing technical assistance to rural 
communities for sustainable rural development purposes.
    Funds appropriated to the Forest Service shall be available for 
payments to counties within the Columbia River Gorge National Scenic 
Area, pursuant to sections 14(c)(1) and (2), and section 16(a)(2) of 
Public Law 99-663.
    Notwithstanding any other provision of law, any appropriations or 
funds available to the Forest Service not to exceed $500,000 may be used 
to reimburse the Office of the General Counsel (OGC), Department of 
Agriculture, for travel and related expenses incurred as a result of OGC 
assistance or participation requested by the Forest Service at meetings, 
training sessions, management reviews, land purchase negotiations and 
similar non-litigation related matters. Future budget justifications for 
both the Forest Service and the Department of Agriculture should clearly 
display the sums previously transferred and the requested funding 
transfers.
    Any appropriations or funds available to the Forest Service may be 
used for necessary expenses in the event of law enforcement emergencies 
as necessary to protect natural resources and public or employee safety: 
Provided, That such amounts shall not exceed $1,000,000.
    For fiscal years 2005 and 2006, the Secretary of Agriculture may 
authorize the sale of excess buildings, facilities, and other properties 
owned by the Forest Service and located on the Green Mountain National 
Forest, the revenues of which shall be retained by the Forest Service 
and available to the Secretary without further appropriation and until 
expended for maintenance and rehabilitation activities on the Green 
Mountain National Forest.
    For each fiscal year through 2009, the Secretary of Agriculture may 
transfer or reimburse funds available to the Forest Service, not to 
exceed $15,000,000, to the Secretary of the Interior or the Secretary of 
Commerce to expedite conferencing and consultations as required under 
section 7 of the Endangered Species Act, 16 U.S.C. 1536. The amount of 
the transfer or reimbursement shall be as mutually agreed by the 
Secretary of Agriculture and the Secretary of the Interior or Secretary 
of Commerce, as applicable, or their designees. The amount shall in no 
case exceed the actual costs of consultation and conferencing.
    Beginning <<NOTE: Termination date.>> on June 30, 2001 and 
concluding on December 31, 2005, an eligible individual who is employed 
in any project funded under title V of the Older American Act of 1965 
(42 U.S.C. 3056 et seq.) and administered by the Forest Service shall be 
considered to be a Federal employee for purposes of chapter 171 of title 
28, United States Code.

    Any funds appropriated to the Forest Service may be used to meet the 
non-Federal share requirement in section 502(c) of the Older American 
Act of 1965 (42 U.S.C. 3056(c)(2)).
    Funds available to the Forest Service in this Act may be used for 
the purpose of expenses associated with primary and secondary schooling 
for dependents of agency personnel stationed in Puerto Rico prior to the 
date of enactment of this Act, who are subject to transfer and 
reassignment to other locations in the United States,

[[Page 118 STAT. 3081]]

at a cost not in excess of those authorized for the Department of 
Defense for the same area, when it is determined by the Chief of the 
Forest Service that public schools available in the locality are unable 
to provide adequately for the education of such dependents.
    For fiscal years 2005 and 2006, the Secretary of Agriculture may 
authorize the sale of excess buildings, facilities, and other properties 
owned by the Forest Service and located on the Wasatch-Cache National 
Forest, the revenues of which shall be retained by the Forest Service 
and available to the Secretary without further appropriation and until 
expended for acquisition and construction of administrative sites on the 
Wasatch-Cache National Forest.

                          DEPARTMENT OF ENERGY

                          clean coal technology

                               (deferral)

    Of the funds made available under this heading for obligation in 
prior years, $257,000,000 shall not be available until October 1, 2005: 
Provided, That funds made available in previous appropriations Acts 
shall be available for any ongoing project regardless of the separate 
request for proposal under which the project was selected.

                 fossil energy research and development

    For necessary expenses in carrying out fossil energy research and 
development activities, under the authority of the Department of Energy 
Organization Act (Public Law 95-91), including the acquisition of 
interest, including defeasible and equitable interests in any real 
property or any facility or for plant or facility acquisition or 
expansion, and for conducting inquiries, technological investigations 
and research concerning the extraction, processing, use, and disposal of 
mineral substances without objectionable social and environmental costs 
(30 U.S.C. 3, 1602, and 1603), $579,911,000, to remain available until 
expended, of which $4,000,000 is to continue a multi-year project for 
construction, renovation, furnishing, and demolition or removal of 
buildings at National Energy Technology Laboratory facilities in 
Morgantown, West Virginia and Pittsburgh, Pennsylvania: Provided, That 
of the amounts provided, $18,000,000 is to continue a multi-year project 
coordinated with the private sector for FutureGen, without regard to the 
terms and conditions applicable to clean coal technology projects: 
Provided further, That the initial planning and research stages of the 
FutureGen project shall include a matching requirement from non-Federal 
sources of at least 20 percent of the costs: Provided further, That any 
demonstration component of such project shall require a matching 
requirement from non-Federal sources of at least 50 percent of the costs 
of the component: Provided further, That of the amounts provided, 
$50,000,000 is available, after coordination with the private sector, 
for a request for proposals for a Clean Coal Power Initiative providing 
for competitively-awarded research, development, and demonstration 
projects to reduce the barriers to continued and expanded coal use: 
Provided further, That no project may be selected for which sufficient 
funding is not available to provide for the total project: Provided 
further, That funds shall

[[Page 118 STAT. 3082]]

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

                 naval petroleum and oil shale reserves

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

                       elk hills school lands fund

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

                           energy conservation

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

                       strategic petroleum reserve

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

[[Page 118 STAT. 3083]]

                   northeast home heating oil reserve

    For necessary expenses for Northeast Home Heating Oil Reserve 
storage, operations, and management activities pursuant to the Energy 
Policy and Conservation Act of 2000, $5,000,000, to remain available 
until expended.

                    energy information administration

    For necessary expenses in carrying out the activities of the Energy 
Information Administration, $85,000,000, to remain available until 
expended.

             administrative provisions, department of energy

    Appropriations under this Act for the current fiscal year shall be 
available for hire of passenger motor vehicles; hire, maintenance, and 
operation of aircraft; purchase, repair, and cleaning of uniforms; and 
reimbursement to the General Services Administration for security guard 
services.
    From appropriations under this Act, transfers of sums may be made to 
other agencies of the Government for the performance of work for which 
the appropriation is made.
    None of the funds made available to the Department of Energy under 
this Act shall be used to implement or finance authorized price support 
or loan guarantee programs unless specific provision is made for such 
programs in an appropriations Act.
    The Secretary is authorized to accept lands, buildings, equipment, 
and other contributions from public and private sources and to prosecute 
projects in cooperation with other agencies, Federal, State, private or 
foreign: Provided, That revenues and other moneys received by or for the 
account of the Department of Energy or otherwise generated by sale of 
products in connection with projects of the Department appropriated 
under this Act may be retained by the Secretary of Energy, to be 
available until expended, and used only for plant construction, 
operation, costs, and payments to cost-sharing entities as provided in 
appropriate cost-sharing contracts or agreements: Provided further, That 
the remainder of revenues after the making of such payments shall be 
covered, into the Treasury as miscellaneous receipts: Provided 
further, <<NOTE: Reports.>> That any contract, agreement, or provision 
thereof entered into by the Secretary pursuant to this authority shall 
not be executed prior to the expiration of 30 calendar days (not 
including any day in which either House of Congress is not in session 
because of adjournment of more than 3 calendar days to a day certain) 
from the receipt by the Speaker of the House of Representatives and the 
President of the Senate of a full comprehensive report on such project, 
including the facts and circumstances relied upon in support of the 
proposed project.

    No funds provided in this Act may be expended by the Department of 
Energy to prepare, issue, or process procurement documents for programs 
or projects for which appropriations have not been made.
    In addition to other authorities set forth in this Act, the 
Secretary may accept fees and contributions from public and private 
sources, to be deposited in a contributed funds account, and prosecute 
projects using such fees and contributions in cooperation with other 
Federal, State or private agencies or concerns.

[[Page 118 STAT. 3084]]

                 DEPARTMENT OF HEALTH AND HUMAN SERVICES

                          Indian Health Service

                         indian health services

    For expenses necessary to carry out the Act of August 5, 1954 (68 
Stat. 674), the Indian Self-Determination Act, the Indian Health Care 
Improvement Act, and titles II and III of the Public Health Service Act 
with respect to the Indian Health Service, $2,633,072,000, together with 
payments received during the fiscal year pursuant to 42 U.S.C. 238(b) 
for services furnished by the Indian Health Service: Provided, That 
funds made available to tribes and tribal organizations through 
contracts, grant agreements, or any other agreements or compacts 
authorized by the Indian Self-Determination and Education Assistance Act 
of 1975 (25 U.S.C. 450), shall be deemed to be obligated at the time of 
the grant or contract award and thereafter shall remain available to the 
tribe or tribal organization without fiscal year limitation: Provided 
further, That up to $18,000,000 shall remain available until expended, 
for the Indian Catastrophic Health Emergency Fund: Provided further, 
That $487,085,000 for contract medical care shall remain available for 
obligation until September 30, 2006: Provided further, That of the funds 
provided, up to $27,000,000 to remain available until expended, shall be 
used to carry out the loan repayment program under section 108 of the 
Indian Health Care Improvement Act: Provided further, That funds 
provided in this Act may be used for one-year contracts and grants which 
are to be performed in two fiscal years, so long as the total obligation 
is recorded in the year for which the funds are appropriated: Provided 
further, That the amounts collected by the Secretary of Health and Human 
Services under the authority of title IV of the Indian Health Care 
Improvement Act shall remain available until expended for the purpose of 
achieving compliance with the applicable conditions and requirements of 
titles XVIII and XIX of the Social Security Act (exclusive of planning, 
design, or construction of new facilities): Provided further, That 
funding contained herein, and in any earlier appropriations Acts for 
scholarship programs under the Indian Health Care Improvement Act (25 
U.S.C. 1613) shall remain available until expended: Provided 
further, <<NOTE: Reports. Records.>> That amounts received by tribes and 
tribal organizations under title IV of the Indian Health Care 
Improvement Act shall be reported and accounted for and available to the 
receiving tribes and tribal organizations until expended: Provided 
further, That, notwithstanding any other provision of law, of the 
amounts provided herein, not to exceed $267,398,000 shall be for 
payments to tribes and tribal organizations for contract or grant 
support costs associated with contracts, grants, self-governance 
compacts or annual funding agreements between the Indian Health Service 
and a tribe or tribal organization pursuant to the Indian Self-
Determination Act of 1975, as amended, prior to or during fiscal year 
2005, of which not to exceed $2,500,000 may be used for contract support 
costs associated with new or expanded self-determination contracts, 
grants, self-governance compacts or annual funding agreements: Provided 
further, That funds available for the Indian Health Care Improvement 
Fund may be used, as needed, to carry out activities typically funded 
under the Indian Health Facilities account: Provided further, That of 
the amounts provided to the Indian Health Service, $15,000,000

[[Page 118 STAT. 3085]]

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

                        indian health facilities

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

            administrative provisions, indian health service

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

[[Page 118 STAT. 3086]]

rates not to exceed the per diem rate equivalent to the maximum rate 
payable for senior-level positions under 5 U.S.C. 5376; hire of 
passenger motor vehicles and aircraft; purchase of medical equipment; 
purchase of reprints; purchase, renovation and erection of modular 
buildings and renovation of existing facilities; payments for telephone 
service in private residences in the field, when authorized under 
regulations approved by the Secretary; and for uniforms or allowances 
therefor as authorized by 5 U.S.C. 5901-5902; and for expenses of 
attendance at meetings which are concerned with the functions or 
activities for which the appropriation is made or which will contribute 
to improved conduct, supervision, or management of those functions or 
activities.
    In accordance with the provisions of the Indian Health Care 
Improvement Act, non-Indian patients may be extended health care at all 
tribally administered or Indian Health Service facilities, subject to 
charges, and the proceeds along with funds recovered under the Federal 
Medical Care Recovery Act (42 U.S.C. 2651-2653) shall be credited to the 
account of the facility providing the service and shall be available 
without fiscal year limitation. Notwithstanding any other law or 
regulation, funds transferred from the Department of Housing and Urban 
Development to the Indian Health Service shall be administered under 
Public Law 86-121 (the Indian Sanitation Facilities Act) and Public Law 
93-638, as amended.
    Funds appropriated to the Indian Health Service in this Act, except 
those used for administrative and program direction purposes, shall not 
be subject to limitations directed at curtailing Federal travel and 
transportation.
    None of the funds made available to the Indian Health Service in 
this Act shall be used for any assessments or charges by the Department 
of Health and Human Services unless identified in the budget 
justification and provided in this Act, or approved by the House and 
Senate Committees on Appropriations through the reprogramming process. 
Personnel ceilings may not be imposed on the Indian Health Service nor 
may any action be taken to reduce the full time equivalent level of the 
Indian Health Service below the level in fiscal year 2002 adjusted 
upward for the staffing of new and expanded facilities, funding provided 
for staffing at the Lawton, Oklahoma hospital in fiscal years 2003 and 
2004, critical positions not filled in fiscal year 2002, and staffing 
necessary to carry out the intent of Congress with regard to program 
increases.
    Notwithstanding any other provision of law, funds previously or 
herein made available to a tribe or tribal organization through a 
contract, grant, or agreement authorized by title I or title V of the 
Indian Self-Determination and Education Assistance Act of 1975 (25 
U.S.C. 450), may be deobligated and reobligated to a self-determination 
contract under title I, or a self-governance agreement under title V of 
such Act and thereafter shall remain available to the tribe or tribal 
organization without fiscal year limitation.
    None of the funds made available to the Indian Health Service in 
this Act shall be used to implement the final rule published in the 
Federal Register on September 16, 1987, by the Department of Health and 
Human Services, relating to the eligibility for the health care services 
of the Indian Health Service until the Indian Health Service has 
submitted a budget request reflecting the increased costs associated 
with the proposed final rule, and such

[[Page 118 STAT. 3087]]

request has been included in an appropriations Act and enacted into law.
    With respect to functions transferred by the Indian Health Service 
to tribes or tribal organizations, the Indian Health Service is 
authorized to provide goods and services to those entities, on a 
reimbursable basis, including payment in advance with subsequent 
adjustment. The reimbursements received therefrom, along with the funds 
received from those entities pursuant to the Indian Self-Determination 
Act, may be credited to the same or subsequent appropriation account 
which provided the funding. Such amounts shall remain available until 
expended.
    Reimbursements for training, technical assistance, or services 
provided by the Indian Health Service will contain total costs, 
including direct, administrative, and overhead associated with the 
provision of goods, services, or technical assistance.
    The Indian Health Service may purchase 8.5 acres of land for 
expansion of parking facilities at the W.W. Hastings hospital in 
Tahlequah, Oklahoma using third party collections subject to advance 
approval from the House and Senate Committees on Appropriations.
    Notwithstanding <<NOTE: Oklahoma. 25 USC 1660b note.>> any other 
provision of law, the Tulsa and Oklahoma City Clinic demonstration 
projects shall be permanent programs under the direct care program of 
the Indian Health Service; shall be treated as service units and 
operating units in the allocation of resources and coordination of care; 
shall continue to meet the requirements applicable to an Urban Indian 
organization under this title; and shall not be subject to the Indian 
Self-Determination and Education Assistance Act (25 U.S.C. 450 et seq.).

    The appropriation structure for the Indian Health Service may not be 
altered without advance approval of the House and Senate Committees on 
Appropriations.

                         OTHER RELATED AGENCIES

               Office of Navajo and Hopi Indian Relocation

                          salaries and expenses

    For necessary expenses of the Office of Navajo and Hopi Indian 
Relocation as authorized by Public Law 93-531, $5,000,000, to remain 
available until expended: Provided, That funds provided in this or any 
other appropriations Act are to be used to relocate eligible individuals 
and groups including evictees from District 6, Hopi-partitioned lands 
residents, those in significantly substandard housing, and all others 
certified as eligible and not included in the preceding categories: 
Provided further, That none of the funds contained in this or any other 
Act may be used by the Office of Navajo and Hopi Indian Relocation to 
evict any single Navajo or Navajo family who, as of November 30, 1985, 
was physically domiciled on the lands partitioned to the Hopi Tribe 
unless a new or replacement home is provided for such household: 
Provided further, That no relocatee will be provided with more than one 
new or replacement home: Provided further, That the Office shall 
relocate any certified eligible relocatees who have selected and 
received an approved homesite on the Navajo reservation or selected a 
replacement residence off the Navajo reservation or on the land acquired 
pursuant to 25 U.S.C. 640d-10.

[[Page 118 STAT. 3088]]

    Institute of American Indian and Alaska Native Culture and Arts 
                               Development

                        payment to the institute

    For payment to the Institute of American Indian and Alaska Native 
Culture and Arts Development, as authorized by title XV of Public Law 
99-498, as amended (20 U.S.C. 56 part A), $6,000,000, of which up to 
$1,000,000 may remain available until expended to assist with the 
Institute's efforts to develop a Continuing Education Lifelong Learning 
Center.

                         Smithsonian Institution

                          salaries and expenses

    For necessary expenses of the Smithsonian Institution, as authorized 
by law, including research in the fields of art, science, and history; 
development, preservation, and documentation of the National 
Collections; presentation of public exhibits and performances; 
collection, preparation, dissemination, and exchange of information and 
publications; conduct of education, training, and museum assistance 
programs; maintenance, alteration, operation, lease (for terms not to 
exceed 30 years), and protection of buildings, facilities, and 
approaches; not to exceed $100,000 for services as authorized by 5 
U.S.C. 3109; up to five replacement passenger vehicles; purchase, 
rental, repair, and cleaning of uniforms for employees, $495,925,000, of 
which not to exceed $10,108,000 for the instrumentation program, 
collections acquisition, exhibition reinstallation, the National Museum 
of African American History and Culture, and the repatriation of 
skeletal remains program shall remain available until expended; and of 
which $1,620,000 for fellowships and scholarly awards shall remain 
available until September 30, 2006; and including such funds as may be 
necessary to support American overseas research centers and a total of 
$125,000 for the Council of American Overseas Research Centers: 
Provided, That funds appropriated herein are available for advance 
payments to independent contractors performing research services or 
participating in official Smithsonian presentations: Provided further, 
That the Smithsonian Institution may expend Federal appropriations 
designated in this Act for lease or rent payments for long term and 
swing space, as rent payable to the Smithsonian Institution, and such 
rent payments may be deposited into the general trust funds of the 
Institution to the extent that federally supported activities are housed 
in the 900 H Street, N.W. building in the District of Columbia: Provided 
further, That this use of Federal appropriations shall not be construed 
as debt service, a Federal guarantee of, a transfer of risk to, or an 
obligation of, the Federal Government: Provided further, That no 
appropriated funds may be used to service debt which is incurred to 
finance the costs of acquiring the 900 H Street building or of planning, 
designing, and constructing improvements to such building.

                           facilities capital

    For necessary expenses of repair, revitalization, and alteration of 
facilities owned or occupied by the Smithsonian Institution, by contract 
or otherwise, as authorized by section 2 of the Act of

[[Page 118 STAT. 3089]]

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

           administrative provisions, smithsonian institution

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

                         National Gallery of Art

                          salaries and expenses

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

[[Page 118 STAT. 3090]]

for the special exhibition program shall remain available until 
expended.

             repair, restoration and renovation of buildings

    For necessary expenses of repair, restoration and renovation of 
buildings, grounds and facilities owned or occupied by the National 
Gallery of Art, by contract or otherwise, as authorized, $11,100,000, to 
remain available until expended: Provided, That contracts awarded for 
environmental systems, protection systems, and exterior repair or 
renovation of buildings of the National Gallery of Art may be negotiated 
with selected contractors and awarded on the basis of contractor 
qualifications as well as price.

             John F. Kennedy Center for the Performing Arts

                       operations and maintenance

    For necessary expenses for the operation, maintenance and security 
of the John F. Kennedy Center for the Performing Arts, $17,152,000.

                              construction

    For necessary expenses for capital repair and restoration of the 
existing features of the building and site of the John F. Kennedy Center 
for the Performing Arts, $16,334,000, to remain available until 
expended.

            Woodrow Wilson International Center for Scholars

                          salaries and expenses

    For expenses necessary in carrying out the provisions of the Woodrow 
Wilson Memorial Act of 1968 (82 Stat. 1356) including hire of passenger 
vehicles and services as authorized by 5 U.S.C. 3109, $8,987,000.

           National Foundation on the Arts and the Humanities

                     National Endowment for the Arts

                        grants and administration

    For necessary expenses to carry out the National Foundation on the 
Arts and the Humanities Act of 1965, as amended, $122,972,000, shall be 
available to the National Endowment for the Arts for the support of 
projects and productions in the arts through assistance to organizations 
and individuals pursuant to sections 5(c) and 5(g) of the Act, including 
$21,729,000 for support of arts education and public outreach activities 
through the Challenge America program, for program support, and for 
administering the functions of the Act, to remain available until 
expended: Provided, That funds previously appropriated to the National 
Endowment for the Arts ``Matching Grants'' account and ``Challenge 
America'' account may be transferred to and merged with this account.

[[Page 118 STAT. 3091]]

                  National Endowment for the Humanities

                        grants and administration

    For necessary expenses to carry out the National Foundation on the 
Arts and the Humanities Act of 1965, as amended, $123,877,000, shall be 
available to the National Endowment for the Humanities for support of 
activities in the humanities, pursuant to section 7(c) of the Act, and 
for administering the functions of the Act, to remain available until 
expended.

                             matching grants

    To carry out the provisions of section 10(a)(2) of the National 
Foundation on the Arts and the Humanities Act of 1965, as amended, 
$16,122,000, to remain available until expended, of which $10,436,000 
shall be available to the National Endowment for the Humanities for the 
purposes of section 7(h): Provided, That this appropriation shall be 
available for obligation only in such amounts as may be equal to the 
total amounts of gifts, bequests, and devises of money, and other 
property accepted by the chairman or by grantees of the Endowment under 
the provisions of subsections 11(a)(2)(B) and 11(a)(3)(B) during the 
current and preceding fiscal years for which equal amounts have not 
previously been appropriated.

                        Administrative Provisions

    None of the funds appropriated to the National Foundation on the 
Arts and the Humanities may be used to process any grant or contract 
documents which do not include the text of 18 U.S.C. 1913: Provided, 
That none of the funds appropriated to the National Foundation on the 
Arts and the Humanities may be used for official reception and 
representation expenses: Provided further, That funds from 
nonappropriated sources may be used as necessary for official reception 
and representation expenses: Provided further, That the Chairperson of 
the National Endowment for the Arts may approve grants up to $10,000, if 
in the aggregate this amount does not exceed 5 percent of the sums 
appropriated for grant-making purposes per year: Provided further, That 
such small grant actions are taken pursuant to the terms of an expressed 
and direct delegation of authority from the National Council on the Arts 
to the Chairperson.

                         Commission of Fine Arts

                          Salaries and Expenses

    For expenses made necessary by the Act establishing a Commission of 
Fine Arts (40 U.S.C. 104), $1,793,000: Provided, That the Commission is 
authorized to charge fees to cover the full costs of its publications, 
and such fees shall be credited to this account as an offsetting 
collection, to remain available until expended without further 
appropriation.

               National Capital Arts and Cultural Affairs

    For necessary expenses as authorized by Public Law 99-190 (20 U.S.C. 
956(a)), as amended, $7,000,000.

[[Page 118 STAT. 3092]]

                Advisory Council on Historic Preservation

                          Salaries and Expenses

    For necessary expenses of the Advisory Council on Historic 
Preservation (Public Law 89-665, as amended), $4,600,000: Provided, That 
none of these funds shall be available for compensation of level V of 
the Executive Schedule or higher positions.

                  National Capital Planning Commission

                          salaries and expenses

    For necessary expenses, as authorized by the National Capital 
Planning Act of 1952 (40 U.S.C. 71-71i), including services as 
authorized by 5 U.S.C. 3109, $8,000,000: Provided, That one-quarter of 1 
percent of the funds provided under this heading may be used for 
official reception and representational expenses to host international 
visitors engaged in the planning and physical development of world 
capitals.

                 United States Holocaust Memorial Museum

                        Holocaust Memorial Museum

    For expenses of the Holocaust Memorial Museum, as authorized by 
Public Law 106-292 (36 U.S.C. 2301-2310), $41,433,000, of which 
$1,900,000 for the museum's repair and rehabilitation program and 
$1,264,000 for the museum's exhibitions program shall remain available 
until expended.

                             Presidio Trust

                           presidio trust fund

    For necessary expenses to carry out title I of the Omnibus Parks and 
Public Lands Management Act of 1996, $20,000,000 shall be available to 
the Presidio Trust, to remain available until expended.

                      TITLE III--GENERAL PROVISIONS

    Sec. 301. <<NOTE: Contracts. Public information.>> The expenditure 
of any appropriation under this Act for any consulting service through 
procurement contract, pursuant to 5 U.S.C. 3109, shall be limited to 
those contracts where such expenditures are a matter of public record 
and available for public inspection, except where otherwise provided 
under existing law, or under existing Executive order issued pursuant to 
existing law.

    Sec. 302. No part of any appropriation contained in this Act shall 
be available for any activity or the publication or distribution of 
literature that in any way tends to promote public support or opposition 
to any legislative proposal on which congressional action is not 
complete.
    Sec. 303. No part of any appropriation contained in this Act shall 
remain available for obligation beyond the current fiscal year unless 
expressly so provided herein.
    Sec. 304. None of the funds provided in this Act to any department 
or agency shall be obligated or expended to provide a personal

[[Page 118 STAT. 3093]]

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

    Sec. 308. Notwithstanding any other provision of law, amounts 
appropriated to or earmarked in committee reports for the Bureau of 
Indian Affairs and the Indian Health Service by Public Laws 103-138, 
103-332, 104-134, 104-208, 105-83, 105-277, 106-113, 106-291, 107-63, 
108-7, and 108-108 for payments to tribes and tribal organizations for 
contract support costs associated with self-determination or self-
governance contracts, grants, compacts, or annual funding agreements 
with the Bureau of Indian Affairs or the Indian Health Service as funded 
by such Acts, are the total amounts available for fiscal years 1994 
through 2004 for such

[[Page 118 STAT. 3094]]

purposes, except that, for the Bureau of Indian Affairs, tribes and 
tribal organizations may use their tribal priority allocations for unmet 
indirect costs of ongoing contracts, grants, self-governance compacts or 
annual funding agreements.
    Sec. 309. Of the funds provided to the National Endowment for the 
Arts:
            (1) <<NOTE: Grants.>> The Chairperson shall only award a 
        grant to an individual if such grant is awarded to such 
        individual for a literature fellowship, National Heritage 
        Fellowship, or American Jazz Masters Fellowship.
            (2) <<NOTE: Procedures.>> The Chairperson shall establish 
        procedures to ensure that no funding provided through a grant, 
        except a grant made to a State or local arts agency, or regional 
        group, may be used to make a grant to any other organization or 
        individual to conduct activity independent of the direct grant 
        recipient. Nothing in this subsection shall prohibit payments 
        made in exchange for goods and services.
            (3) No grant shall be used for seasonal support to a group, 
        unless the application is specific to the contents of the 
        season, including identified programs and/or projects.

    Sec. 310. The National Endowment for the Arts and the National 
Endowment for the Humanities are authorized to solicit, accept, receive, 
and invest in the name of the United States, gifts, bequests, or devises 
of money and other property or services and to use such in furtherance 
of the functions of the National Endowment for the Arts and the National 
Endowment for the Humanities. Any proceeds from such gifts, bequests, or 
devises, after acceptance by the National Endowment for the Arts or the 
National Endowment for the Humanities, shall be paid by the donor or the 
representative of the donor to the Chairman. The Chairman shall enter 
the proceeds in a special interest-bearing account to the credit of the 
appropriate endowment for the purposes specified in each case.
    Sec. 311. (a) In providing services or awarding financial assistance 
under the National Foundation on the Arts and the Humanities Act of 1965 
from funds appropriated under this Act, the Chairperson of the National 
Endowment for the Arts shall ensure that priority is given to providing 
services or awarding financial assistance for projects, productions, 
workshops, or programs that serve underserved populations.
    (b) In this section:
            (1) The term ``underserved population'' means a population 
        of individuals, including urban minorities, who have 
        historically been outside the purview of arts and humanities 
        programs due to factors such as a high incidence of income below 
        the poverty line or to geographic isolation.
            (2) The term ``poverty line'' means the poverty line (as 
        defined by the Office of Management and Budget, and revised 
        annually in accordance with section 673(2) of the Community 
        Services Block Grant Act (42 U.S.C. 9902(2)) applicable to a 
        family of the size involved.

    (c) In providing services and awarding financial assistance under 
the National Foundation on the Arts and Humanities Act of 1965 with 
funds appropriated by this Act, the Chairperson of the National 
Endowment for the Arts shall ensure that priority is given to providing 
services or awarding financial assistance for projects, productions, 
workshops, or programs that will encourage

[[Page 118 STAT. 3095]]

public knowledge, education, understanding, and appreciation of the 
arts.
    (d) With funds appropriated by this Act to carry out section 5 of 
the National Foundation on the Arts and Humanities Act of 1965--
            (1) <<NOTE: Grants.>> the Chairperson shall establish a 
        grant category for projects, productions, workshops, or programs 
        that are of national impact or availability or are able to tour 
        several States;
            (2) the Chairperson shall not make grants exceeding 15 
        percent, in the aggregate, of such funds to any single State, 
        excluding grants made under the authority of paragraph (1);
            (3) <<NOTE: Reports.>> the Chairperson shall report to the 
        Congress annually and by State, on grants awarded by the 
        Chairperson in each grant category under section 5 of such Act; 
        and
            (4) the Chairperson shall encourage the use of grants to 
        improve and support community-based music performance and 
        education.

    Sec. 312. No part of any appropriation contained in this Act shall 
be expended or obligated to complete and issue the 5-year program under 
the Forest and Rangeland Renewable Resources Planning Act.
    Sec. 313. None of the funds in this Act may be used to support 
Government-wide administrative functions unless such functions are 
justified in the budget process and funding is approved by the House and 
Senate Committees on Appropriations.
    Sec. 314. <<NOTE: Contracts. State listing.>> Notwithstanding any 
other provision of law, for fiscal year 2005 the Secretaries of 
Agriculture and the Interior are authorized to limit competition for 
watershed restoration project contracts as part of the ``Jobs in the 
Woods'' Program established in Region 10 of the Forest Service to 
individuals and entities in historically timber-dependent areas in the 
States of Washington, Oregon, northern California, Idaho, Montana, and 
Alaska that have been affected by reduced timber harvesting on Federal 
lands. The Secretaries shall consider the benefits to the local economy 
in evaluating bids and designing procurements which create economic 
opportunities for local contractors.

    Sec. 315. Amounts deposited during fiscal year 2004 in the roads and 
trails fund provided for in the 14th paragraph under the heading 
``FOREST SERVICE'' of the Act of March 4, 1913 (37 Stat. 843; 16 U.S.C. 
501), shall be used by the Secretary of Agriculture, without regard to 
the State in which the amounts were derived, to repair or reconstruct 
roads, bridges, and trails on National Forest System lands or to carry 
out and administer projects to improve forest health conditions, which 
may include the repair or reconstruction of roads, bridges, and trails 
on National Forest System lands in the wildland-community interface 
where there is an abnormally high risk of fire. The projects shall 
emphasize reducing risks to human safety and public health and property 
and enhancing ecological functions, long-term forest productivity, and 
biological integrity. The projects may be completed in a subsequent 
fiscal year. Funds shall not be expended under this section to replace 
funds which would otherwise appropriately be expended from the timber 
salvage sale fund. Nothing in this section shall be construed to exempt 
any project from any environmental law.
    Sec. 316. Other than in emergency situations, none of the funds in 
this Act may be used to operate telephone answering machines during core 
business hours unless such answering

[[Page 118 STAT. 3096]]

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

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

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

[[Page 118 STAT. 3097]]

of the balance in the special fund that the Secretary determined, before 
October 1, 2004, to be excess of the cost of doing work described in 
subsection (a), but which has not been transferred by that date) shall 
be transferred to miscellaneous receipts, National Forest Fund, as a 
National Forest receipt, but only if the Secretary also determines 
that--
            ``(1) the excess amounts will not be needed for emergency 
        wildfire suppression during the fiscal year in which the 
        transfer would be made; and
            ``(2) the amount to be transferred to miscellaneous 
        receipts, National Forest Fund, exceeds the outstanding balance 
        of unreimbursed funds transferred from the special fund in prior 
        fiscal years for wildfire suppression.''.

    Sec. 319. <<NOTE: 16 USC 460l-6a note.>> A project undertaken by the 
Forest Service under the Recreation Fee Demonstration Program as 
authorized by section 315 of the Department of the Interior and Related 
Agencies Appropriations Act for Fiscal Year 1996, as amended, shall not 
result in--
            (1) displacement of the holder of an authorization to 
        provide commercial recreation services on Federal lands. Prior 
        to initiating any project, the Secretary shall consult with 
        potentially affected holders to determine what impacts the 
        project may have on the holders. Any modifications to the 
        authorization shall be made within the terms and conditions of 
        the authorization and authorities of the impacted agency; and
            (2) the return of a commercial recreation service to the 
        Secretary for operation when such services have been provided in 
        the past by a private sector provider, except when--
                    (A) the private sector provider fails to bid on such 
                opportunities;
                    (B) the private sector provider terminates its 
                relationship with the agency; or
                    (C) the agency revokes the permit for non-compliance 
                with the terms and conditions of the authorization.

In such cases, the agency may use the Recreation Fee Demonstration 
Program to provide for operations until a subsequent operator can be 
found through the offering of a new prospectus.
    Sec. 320. <<NOTE: 16 USC 1604 note.>> Prior to October 1, 2005, the 
Secretary of Agriculture shall not be considered to be in violation of 
subparagraph 6(f)(5)(A) of the Forest and Rangeland Renewable Resources 
Planning Act of 1974 (16 U.S.C. 1604(f)(5)(A)) solely because more than 
15 years have passed without revision of the plan for a unit of the 
National Forest System. Nothing in this section exempts the Secretary 
from any other requirement of the Forest and Rangeland Renewable 
Resources Planning Act (16 U.S.C. 1600 et seq.) or any other law: 
Provided, That if the Secretary is not acting expeditiously and in good 
faith, within the funding available, to revise a plan for a unit of the 
National Forest System, this section shall be void with respect to such 
plan and a court of proper jurisdiction may order completion of the plan 
on an accelerated basis.

    Sec. 321. No funds provided in this Act may be expended to conduct 
preleasing, leasing and related activities under either the Mineral 
Leasing Act (30 U.S.C. 181 et seq.) or the Outer Continental Shelf Lands 
Act (43 U.S.C. 1331 et seq.) within the boundaries of a National 
Monument established pursuant to the Act of June 8, 1906 (16 U.S.C. 431 
et seq.) as such boundary existed on January 20, 2001, except where such 
activities are

[[Page 118 STAT. 3098]]

allowed under the Presidential proclamation establishing such monument.
    Sec. 322. Extension of Forest Service Conveyances Pilot Program.--
Section 329 of the Department of the Interior and Related Agencies 
Appropriations Act, 2002 (16 U.S.C. 580d note; Public Law 107-63) is 
amended--
            (1) in subsection (b), by striking ``30'' and inserting 
        ``40'';
            (2) in subsection (c) by striking ``8'' and inserting 
        ``13''; and
            (3) in subsection (d), by striking ``2007'' and inserting 
        ``2008''.

    Sec. 323. Section 3(c) of the Harriet Tubman Special Resource Study 
Act (Public Law 106-516; 114 Stat. 2405) is amended by striking 
``section 8 of section 8'' and inserting ``section 8.''.
    Sec. 324. In entering into agreements with foreign countries 
pursuant to the Wildfire Suppression Assistance Act (42 U.S.C. 1856m) 
the Secretary of Agriculture and the Secretary of the Interior are 
authorized to enter into reciprocal agreements in which the individuals 
furnished under said agreements to provide wildfire services are 
considered, for purposes of tort liability, employees of the country 
receiving said services when the individuals are engaged in fire 
suppression: Provided, That the Secretary of Agriculture or the 
Secretary of the Interior shall not enter into any agreement under this 
provision unless the foreign country (either directly or through its 
fire organization) agrees to assume any and all liability for the acts 
or omissions of American firefighters engaged in firefighting in a 
foreign country: Provided further, That when an agreement is reached for 
furnishing fire fighting services, the only remedies for acts or 
omissions committed while fighting fires shall be those provided under 
the laws of the host country, and those remedies shall be the exclusive 
remedies for any claim arising out of fighting fires in a foreign 
country: Provided further, That neither the sending country nor any 
legal organization associated with the firefighter shall be subject to 
any legal action whatsoever pertaining to or arising out of the 
firefighter's role in fire suppression.
    Sec. 325. Notwithstanding any other provision of law or regulation, 
to promote the more efficient use of the health care funding allocation 
for fiscal year 2005, the Eagle Butte Service Unit of the Indian Health 
Service, at the request of the Cheyenne River Sioux Tribe, may pay base 
salary rates to health professionals up to the highest grade and step 
available to a physician, pharmacist, or other health professional and 
may pay a recruitment or retention bonus of up to 25 percent above the 
base pay rate.
    Sec. 326. None of the funds made available in this Act may be 
transferred to any department, agency, or instrumentality of the United 
States Government except pursuant to a transfer made by, or transfer 
authority provided in, this Act or any other appropriations Act.
    Sec. 327. None of the funds in this Act may be used to prepare or 
issue a permit or lease for oil or gas drilling in the Finger Lakes 
National Forest, New York, during fiscal year 2005.
    Sec. 328. In awarding a Federal contract with funds made available 
by this Act, the Secretary of Agriculture and the Secretary of the 
Interior (the ``Secretaries'') may, in evaluating bids and proposals, 
give consideration to local contractors who are from,

[[Page 118 STAT. 3099]]

and who provide employment and training for, dislocated and displaced 
workers in an economically disadvantaged rural community, including 
those historically timber-dependent areas that have been affected by 
reduced timber harvesting on Federal lands and other forest-dependent 
rural communities isolated from significant alternative employment 
opportunities: Provided, That notwithstanding Federal Government 
procurement and contracting laws the Secretaries may award contracts, 
grants or cooperative agreements to local non-profit entities, Youth 
Conservation Corps or related partnerships with State, local or non-
profit youth groups, or small or disadvantaged business: Provided 
further, That the contract, grant, or cooperative agreement is for 
forest hazardous fuels reduction, watershed or water quality monitoring 
or restoration, wildlife or fish population monitoring, or habitat 
restoration or management: Provided further, That the terms ``rural 
community'' and ``economically disadvantaged'' shall have the same 
meanings as in section 2374 of Public Law 101-624: Provided further, 
That the Secretaries shall develop guidance to implement this section: 
Provided further, That nothing in this section shall be construed as 
relieving the Secretaries of any duty under applicable procurement laws, 
except as provided in this section.
    Sec. 329. No funds appropriated in this Act for the acquisition of 
lands or interests in lands may be expended for the filing of 
declarations of taking or complaints in condemnation without the 
approval of the House and Senate Committees on Appropriations: Provided, 
That this provision shall not apply to funds appropriated to implement 
the Everglades National Park Protection and Expansion Act of 1989, or to 
funds appropriated for Federal assistance to the State of Florida to 
acquire lands for Everglades restoration purposes.
    Sec. 330. Section 338 of Public Law 108-108 <<NOTE: 117 Stat. 
1314.>> is amended by striking ``2003'' and inserting ``2004''.

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

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

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

[[Page 118 STAT. 3100]]

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

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

    (d) Competitive Sourcing Exemption for Forest Service Studies 
Conducted Prior to Fiscal Year 2005.--Notwithstanding requirements of 
Office of Management and Budget Circular A-76, Attachment B, the Forest 
Service is hereby exempted from implementing the Letter of Obligation 
and post-competition accountability guidelines where a competitive 
sourcing study involved 65 or fewer full-time equivalents, the 
performance decision was made in favor of the agency provider; no net 
savings was achieved by conducting the study, and the study was 
completed prior to the date of this Act.
    (e) In preparing any reports to the Committees on Appropriations on 
competitive sourcing activities, agencies funded in this Act shall 
include the incremental cost directly attributable to conducting the 
competitive sourcing competitions, including costs attributable to 
paying outside consultants and contractors and, in accordance with full 
cost accounting principles, all costs attributable to developing, 
implementing, supporting, managing, monitoring, and reporting on 
competitive sourcing, including personnel, consultant, travel, and 
training costs associated with program management.
    Sec. 333. Estimated overhead charges, deductions, reserves or 
holdbacks from programs, projects and activities to support 
governmentwide, departmental, agency or bureau administrative functions 
or headquarters, regional or central office operations shall be 
presented in annual budget justifications. Changes to such estimates 
shall be presented to the Committees on Appropriations for approval.

[[Page 118 STAT. 3101]]

    Sec. 334. None of the funds in this Act or prior Acts making 
appropriations for the Department of the Interior and Related Agencies 
may be provided to the managing partners or their agents for the SAFECOM 
or Disaster Management projects.
    Sec. 335. Conveyance of a Small Parcel of Public Domain Land in the 
San Bernardino National Forest in the State of California. (a) 
Findings.--The Congress finds that--
            (1) a select area of the San Bernardino National Forest in 
        California is heavily developed with recreation residences and 
        is immediately adjacent to comparably developed private 
        property;
            (2) it is in the public interest to convey the above 
        referenced area to the owners of the recreation residences; and
            (3) the Secretary of Agriculture should use the proceeds of 
        such conveyance for critical San Bernardino National Forest 
        infrastructure improvements or to acquire additional lands 
        within the boundaries of the San Bernardino National Forest.

    (b) Conveyance Required.--Subject to valid existing rights and such 
terms, conditions, and restrictions as the Secretary deems necessary or 
desirable in the public interest, the Secretary of Agriculture shall 
convey to the Mill Creek Homeowners Association (hereinafter 
Association) all right, title, and interest of the United States in and 
to the Mill Creek parcel of real estate described in subsection 
(c)(1). <<NOTE: Expiration date.>> In the event the Secretary and the 
Association for any reason do not complete the sale within 2 years from 
the date of enactment of this Act, this authority shall expire.

    (c) Legal Description and Correction Authority.--
            (1) <<NOTE: California.>> Description.--The Mill Creek 
        parcel, approximately 35 acres, as shown on a map ``The Mill 
        Creek Conveyance Parcel--San Bernardino National Forest, dated 
        June 1, 2004'' generally located in the northeast quarter of 
        Section 8, T.1S., R.1W., San Bernardino Meridian, of the United 
        States Public Lands Survey System, California. The map shall be 
        on file and available for inspection in the office of the Chief, 
        Forest Service, Washington, DC and in the office of the Forest 
        Supervisor, San Bernardino National Forest until such time as 
        the lands are conveyed.
            (2) Corrections.--The Secretary is authorized to make minor 
        corrections to this map and may modify the description to 
        correct errors or to reconfigure the property in order to 
        facilitate conveyance. In the event of a conflict between the 
        map description and the USPLSS description of the land in 
        paragraph (1), the map will be considered the definitive 
        description of the land.

    (d) Consideration.--Consideration for the conveyance under 
subsection (b) shall be equal to the appraised fair market value of the 
parcel of real property to be conveyed. Such appraisal shall be prepared 
in conformity with the Uniform Appraisal Standards for Federal Land 
Acquisition.
    (e) Access Requirements.--Notwithstanding section 1323(a) of the 
Alaska National Interest Lands Conservation Act (16 U.S.C. 3210(a)) or 
any other law, the Secretary is not required to provide access over 
National Forest System lands to the parcel of real estate to be conveyed 
under subsection (b).
    (f) Administrative Costs.--All costs incurred by the Secretary of 
Agriculture and any costs associated with the creation of a subdivided 
parcel, conducting and recordation of a survey, zoning,

[[Page 118 STAT. 3102]]

planning approval, and similar expenses with respect to the conveyance 
under subsection (b), shall be borne by the Association.
    (g) Assumption of Liability.--By acceptance of the conveyance of the 
parcel of real property referred to in subsection (b), the Association 
and its successors and assigns will indemnify and hold harmless the 
United States for any and all liability to any party that is associated 
with the parcel.
    (h) Treatment of Receipts.--All funds received pursuant to the 
conveyance of the parcel of real property referred to in subsection (b) 
shall be deposited in the fund established under Public Law 90-171 (16 
U.S.C. 484a; commonly known as the Sisk Act), and the funds shall remain 
available to the Secretary, until expended, for critical San Bernardino 
National Forest infrastructure improvements or the acquisition of lands, 
waters, and interests in land for inclusion in the San Bernardino 
National Forest.
    Sec. 336. Section 331 of the Department of the Interior and Related 
Agencies Appropriations Act, 2001 (Public Law 106-291; 114 Stat. 996), 
is amended--
            (1) in subsection (a), by striking ``Until September 30, 
        2004, the'' and inserting ``The''; and
            (2) by adding at the end the following new subsections:

    ``(d) Inclusion of Colorado BLM Lands.--The authority provided by 
this section shall also be available to the Secretary of the Interior 
with respect to public lands in the State of Colorado administered by 
the Secretary through the Bureau of Land Management.
    ``(e) Expiration of Authority.--The authority of the Secretary of 
Agriculture and the Secretary of the Interior to enter into cooperative 
agreements and contracts under this section expires September 30, 2009, 
and the term of any cooperative agreement or contract entered into under 
this section shall not extend beyond that date.''.
    Sec. 337. Federal and State Cooperative Forest, Rangeland, and 
Watershed Restoration in Utah. (a) Authority.--Until September 30, 2006, 
the Secretary of Agriculture, via cooperative agreement or contract 
(including sole source contract) as appropriate, may permit the State 
Forester of the State of Utah to perform forest, rangeland, and 
watershed restoration services on National Forest System lands in the 
State of Utah. Restoration services provided are to be on a project to 
project basis as planned or made ready for implementation under existing 
authorities of the Forest Service. The types of restoration services 
that may be contracted under this authority include treatment of insect 
infected trees, reduction of hazardous fuels, and other activities to 
restore or improve forest, rangeland, and watershed health including 
fish and wildlife habitat.
    (b) State as Agent.--Except as provided in subsection (c), a 
cooperative agreement or contract under subsection (a) may authorize the 
State Forester of the State of Utah to serve as agent for the Forest 
Service in providing services necessary to facilitate the performance 
and treatment of insect infested trees, reduction of hazardous fuels, 
and to restore or improve forest, rangeland, and watershed health 
including fish and wildlife habitat under subsection (a). The services 
to be performed by the State Forester of Utah may be conducted with 
subcontracts utilizing State of Utah contract procedures. Subsections 
(d) and (g) of section 14 of the National Forest Management Act of 1976 
(16 U.S.C.

[[Page 118 STAT. 3103]]

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

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

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

[[Page 118 STAT. 3104]]

            (1) <<NOTE: Grants. Nevada.>> The Secretary of Agriculture 
        and the Secretary of the Interior are authorized to make grants 
        to the Eastern Nevada Landscape Coalition for the study and 
        restoration of rangeland and other lands in Nevada's Great Basin 
        in order to help assure the reduction of hazardous fuels and for 
        related purposes.
            (2) Notwithstanding <<NOTE: Contracts.>> 31 U.S.C. 6301-
        6308, the Director of the Bureau of Land Management shall enter 
        into a cooperative agreement with the Eastern Nevada Landscape 
        Coalition for the Great Basin Restoration Project, including 
        hazardous fuels and mechanical treatments and related work.

    (b) Authorization of Appropriations.--There are authorized to be 
appropriated such sums as are necessary to carry out this section.
    Sec. 342. <<NOTE: Alaska.>> (a) Findings.--
            (1) In 1953, Public Land Order 899 (PLO 899) eliminated 
        approximately 80 acres from the Tongass National Forest, for the 
        Community of Elfin Cove, Alaska. From 1953 until 2001, the USDA 
        Forest Service believed two small islets within the Elfin Cove 
        Harbor (Lots 1 and 2 of U.S. Survey 13150, approximately 0.29 
        acres) were included as part of PLO 899. However, due to a 
        Bureau of Land Management rule in effect when PLO 899 was 
        issued, ownership of unsurveyed, unmapped islets remained with 
        the original landowner, in this case the United States.
            (2) These two islets are needed by the Community of Elfin 
        Cove to resolve public health and safety problems.
            (3) The two islets serve no national forest purposes, but 
        the Forest Service has no authority to transfer ownership of 
        them to the Community of Elfin Cove, without receiving fair 
        market value for the land interests.
            (4) Neither the Bureau of Land Management nor the Forest 
        Service intended to retain Federal ownership of these two 
        islets, and they remained in ownership of the United States only 
        through an inadvertent error.
            (5) Conveyance of these two islets from the United States to 
        the Community of Elfin Cove, Alaska, without consideration, is 
        in the public interest.

    (b) Based on the findings in subsection (a) and notwithstanding any 
other provision of law, Congress hereby authorizes and directs the 
Secretary of Agriculture to convey in fee simple without compensation, 
Lots 1 and 2 of U.S. Survey 13150, comprising approximately 0.29 acres, 
to the Community of Elfin Cove, Alaska.
    Sec. 343. (a) Notwithstanding any other provision of law, and until 
October 1, 2007, the Indian Health Service may not disburse funds for 
the provision of health care services pursuant to Public Law 93-638 (25 
U.S.C. 450 et seq.) to any Alaska Native village or Alaska Native 
village corporation that is located within the area served by an Alaska 
Native regional health entity.
    (b) Nothing in this section shall be construed to prohibit the 
disbursal of funds to any Alaska Native village or Alaska Native village 
corporation under any contract or compact entered into prior to May 1, 
2004, or to prohibit the renewal of any such agreement.
    (c) For the purpose <<NOTE: Health and health care.>> of this 
section, Eastern Aleutian Tribes, Inc., shall be treated as an Alaska 
Native regional health entity to whom funds may be disbursed under this 
section.

[[Page 118 STAT. 3105]]

    Sec. 344. <<NOTE: Deadline. Real property.>> Notwithstanding any 
other provision of law and using funds previously appropriated for such 
purpose under Public Law 106-291 ($1,630,000) and Public Law 108-199 
($2,300,000), the National Park Service shall (1) not later than 60 days 
after enactment of this section purchase the seven parcels of real 
property in Seward, Alaska identified by Kenai Peninsula tax 
identification numbers 14910001, 14910002, 14911033, 14913005, 14913020, 
14913007, and 14913008 that have been selected for the administrative 
complex, visitor facility, plaza and related parking for the Kenai 
Fjords National Park and Chugach National Forest which shall hereafter 
be known as the Mary Lowell Center; and (2) transfer to the City of 
Seward any remaining balance of previously appropriated funds not 
necessary for property acquisition and design upon the vacation by the 
City of Seward of Washington Street between 4th Avenue and 5th Avenue 
and transfer of title of the appropriate portions thereof to the Federal 
Government, provided that the City of Seward uses any such funds for the 
related waterfront planning, pavilions, boardwalks, trails, or related 
purposes that compliment the new Federal facility.

    Sec. 345. Section 331, of Public Law 106-113, <<NOTE: 16 USC 497 
note.>> is amended--
            (1) in part (a) by striking ``2004'' and inserting ``2005''; 
        and
            (2) in part (b) by striking ``2004'' and inserting ``2005''.

    Sec. 346. Federal Building, Sandpoint, Idaho. (a) Definitions.--In 
this section:
            (1) Administrator.--The term ``Administrator'' means the 
        Administrator of General Services.
            (2) Map.--The term ``map'' means the map that is--
                    (A) entitled ``Sandpoint Federal Building'';
                    (B) dated September 12, 2002; and
                    (C) on file in--
                          (i) the Office of the Chief of the Forest 
                      Service; and
                          (ii) the Office of the Supervisor, Idaho 
                      National Forests, Coeur d'Alene, Idaho.
            (3) Property.--The term ``property'' means the Sandpoint 
        Federal Building and approximately 3.17 acres of land in 
        Sandpoint, Idaho, as depicted on the map.
            (4) Secretary.--The term ``Secretary'' means the Secretary 
        of Agriculture, acting through the Chief of the Forest Service.

    (b) Conveyance of Property.--
            (1) In general.--Notwithstanding subtitle I of title 40, 
        United States Code, the Administrator may convey to the 
        Secretary, all right, title, and interest of the United States 
        in and to the property.
            (2) Conditions.--The conveyance of the property under 
        paragraph (1) shall be on a noncompetitive basis, for 
        consideration, and subject to any other terms and conditions to 
        which the Administrator and the Secretary may agree, including a 
        purchase period with multiple payments over multiple fiscal 
        years.
            (3) Source of funds.--The Secretary may use amounts made 
        available to the Forest Service for any of fiscal years 2005 
        through 2010 to acquire the property under paragraph (1).

    (c) Sale or Exchange of Property.--

[[Page 118 STAT. 3106]]

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

    Sec. 347. <<NOTE: Chris Zajicek Memorial Land Exchange Act of 
2004.>> (a) Short Title.--This section may be cited as the ``Chris 
Zajicek Memorial Land Exchange Act of 2004''.

    (b) National Forest System Land Exchange in the State of Florida.--
            (1) In general.--Notwithstanding the effect of the wildfire 
        known as the ``Impassable 1 Fire'' on the value of the land to 
        be exchanged, the Secretary of Agriculture (acting through the 
        Chief of the Forest Service) may carry out the exchange 
        agreement entered into by the Forest Service and the Board of 
        Trustees of the Internal Improvement Trust Fund of the State of 
        Florida and dated March 5, 2004.
            (2) Valuation.--For purposes of determining the value of the 
        land to be exchanged under paragraph (1), the value of the land 
        shall be considered to be the value of the land determined by 
        the appraisal conducted on August 21, 2003.

    Sec. 348. <<NOTE: Grey Towers National Historic Site Act of 
2004. Pennsylvania. 16 USC 461 note.>> (a) Short Title.--This section 
may be cited as the ``Grey Towers National Historic Site Act of 2004''.

    (b) Findings; Purposes; Definitions.--
            (1) Findings.--Congress finds the following:
                    (A) <<NOTE: James Pinchot. Mary Pinchot.>> James and 
                Mary Pinchot constructed a home and estate that is known 
                as Grey Towers in Milford, Pennsylvania.
                    (B) James and Mary Pinchot were also the progenitors 
                of a family of notable accomplishment in the history of 
                the Commonwealth of Pennsylvania and the Nation, in 
                particular, their son, Gifford Pinchot. 
                    (C) <<NOTE: Gifford Pinchot.>> Gifford Pinchot was 
                the first Chief of the Forest Service, a major influence 
                in formulating and implementing forest conservation 
                policies in the early 20th Century, and twice Governor 
                of Pennsylvania.
                    (D) During the early 20th century, James and Gifford 
                Pinchot used Grey Towers and the environs to establish

[[Page 118 STAT. 3107]]

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

[[Page 118 STAT. 3108]]

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

    (c) Designation of National Historic Site.--Subject to valid 
existing rights, all lands and improvements formerly encompassed within 
the Grey Towers National Historic Landmark are designated as the ``Grey 
Towers National Historic Site''.
    (d) Administration.--
            (1) Purposes.--The Historic Site shall be administered for 
        the following purposes:
                    (A) Education, public demonstration projects, and 
                research related to natural resource conservation, 
                protection, management, and use. 
                    (B) Leadership development within the natural 
                resource professions and the Federal civil service.
                    (C) Continuing Gifford Pinchot's legacy through 
                pursuit of new ideas, strategies, and solutions to 
                natural resource issues that include economic, 
                ecological, and social values.
                    (D) Preservation, use, and maintenance of the 
                buildings, grounds, facilities, and archives associated 
                with Gifford Pinchot.
                    (E) Study and interpretation of the life and works 
                of Gifford Pinchot.
                    (F) Public recreation and enjoyment.
                    (G) Protection and enjoyment of the scenic and 
                natural environs.
            (2) Applicable laws.-- <<NOTE: National Forest 
        System. Public lands.>> The Secretary shall administer federally 
        owned lands and interests in lands at the Historic Site and 
        Associated Properties as components of the National Forest 
        System in accordance with this Act, 16 U.S.C. 461 et seq. and 
        other laws generally applicable to the administration of 
        national historic sites, and the laws, rules, and regulations 
        applicable to the National Forest System, except that the Forest 
        and Rangeland Renewable Resources Planning Act of 1974 (16 
        U.S.C. 1600 et seq.) shall not apply.
            (3) Land acquisition.--The Secretary is authorized to 
        acquire, on a willing seller basis, by purchase, donation, 
        exchange, or otherwise, privately owned lands and interests in 
        lands, including improvements, within the Historic Site and the 
        Associated Properties, using donated or appropriated funds.
            (4) Gifts.--
                    (A) Accepted by entities other than the secretary.--
                Subject to such terms and conditions as the Secretary 
                may prescribe, any public or private agency, 
                organization, institution, or individual may solicit, 
                accept, and administer private gifts of money and real 
                or personal property for the benefit of or in connection 
                with, the activities and services at the Historic Site.
                    (B) Accepted by the secretary.--Gifts may be 
                accepted by the Secretary for the benefit of or in 
                connection with, the activities and services at the 
                Historic Site notwithstanding the fact that a donor 
                conducts business with or is regulated by the Department 
                of Agriculture in any capacity.

    (e) Cooperative Authorities.--
            (1) Grants, contracts, and cooperative agreements.--The 
        Secretary is authorized to enter into Agreements for grants, 
        contracts, and cooperative agreements as appropriate with the

[[Page 118 STAT. 3109]]

        Pinchot Institute, public and other private agencies, 
        organizations, institutions, and individuals to provide for the 
        development, administration, maintenance, or restoration of 
        land, facilities, or Forest Service programs at Grey Towers or 
        to otherwise further the purposes of this section.
            (2) Interdepartmental.--The Secretary and the Secretary of 
        the Interior are authorized and encouraged to cooperate in 
        promoting public use and enjoyment of Grey Towers and the 
        Delaware Water Gap National Recreation Area and in otherwise 
        furthering the administration and purposes for which both areas 
        were designated. Such cooperation may include colocation and use 
        of facilities within Associated Properties and elsewhere.
            (3) Other.--The Secretary may authorize use of the grounds 
        and facilities of Grey Towers by the Pinchot Institute and other 
        participating partners including Federal, State, and local 
        agencies, on such terms and conditions as the Secretary may 
        prescribe, including the waiver of special use authorizations 
        and the waiver of rental and use fees.

    (f) Funds.--
            (1) Fees and charges.--The Secretary may impose reasonable 
        fees and charges for admission to and use of facilities on Grey 
        Towers.
            (2) Special fund.--Any monies received by the Forest Service 
        in administering Grey Towers shall be deposited into the 
        Treasury of the United States and covered in a special fund 
        called the Grey Towers National Historic Site Fund. Monies in 
        the Grey Towers National Historic Site Fund shall be available 
        until expended, without further appropriation, for support of 
        programs of Grey Towers, and any other expenses incurred in the 
        administration of Grey Towers. 

    (g) Map.--The Secretary shall produce and keep for public inspection 
a map of the Historic Site and associated properties within Pike County, 
Pennsylvania, which were associated with James and Mary Pinchot, the 
Yale School of Forestry, or the Forest Service.
    (h) Savings Provision.--Nothing in this section shall be deemed to 
diminish the authorities of the Secretary under the Cooperative Forestry 
Assistance Act or any other law pertaining to the National Forest 
System.
    Sec. 349. <<NOTE: Montana National Forests Boundary Adjustment Act 
of 2004.>> (a) Short Title.--This section may be cited as the ``Montana 
National Forests Boundary Adjustment Act of 2004''.

    (b) Definitions.--In this section:
            (1) Forests.--The term ``Forests'' means the Helena National 
        Forest, Lolo National Forest, and Beaverhead-Deerlodge National 
        Forest in the State of Montana.
            (2) Map.--The term ``map'' means--
                    (A) the map entitled ``Helena National Forest 
                Boundary Adjustment Northern Region, USDA Forest 
                Service'' and dated September 13, 2004;
                    (B) the map entitled ``Lolo National Forest Boundary 
                Adjustment Northern Region, USDA Forest Service'' and 
                dated September 13, 2004; and
                    (C) the map entitled ``Deerlodge National Forest 
                Boundary Adjustment Northern Region USDA Forest 
                Service'' and dated September 13, 2004.

[[Page 118 STAT. 3110]]

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

    (c) Helena, Lolo, and Beaverhead-Deerlodge National Forests Boundary 
Adjustment.--
            (1) In general.--The boundaries of the Forests are modified 
        as depicted on the maps.
            (2) Maps.--
                    (A) Availability.--The maps shall be on file and 
                available for public inspection in--
                          (i) the Office of the Chief of the Forest 
                      Service; and
                          (ii) the office of the Regional Forester, 
                      Missoula, Montana.
                    (B) Correction authority.--The Secretary may make 
                technical corrections to the maps.
            (3) Administration.--Any land or interest in land acquired 
        within the boundaries of the Forests for National Forest System 
        purposes shall be managed in accordance with--
                    (A) the Act of March 1, 1911 (commonly known as the 
                ``Weeks Law'') (16 U.S.C. 480 et seq.); and
                    (B) the laws (including regulations) applicable to 
                the National Forest System.
            (4) Land and water conservation fund.--For purposes of 
        section 7 of the Land and Water Conservation Fund Act of 1965 
        (16 U.S.C. 460l-9), the boundaries of the Forests, as adjusted 
        under paragraph (1), shall be considered to be the boundaries of 
        the Forests as of January 1, 1965.
            (5) Effect.--Nothing in this section limits the authority of 
        the Secretary to adjust the boundaries of the Forests under 
        section 11 of the Act of March 1, 1911 (16 U.S.C. 521).

    Sec. 350. In addition <<NOTE: Illinois. Grant.>> to amounts provided 
to the Department of the Interior in this Act, $5,000,000 is provided 
for a grant to Kendall County, Illinois.

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

                       DEPARTMENT OF THE INTERIOR

                        Bureau of Land Management

                        WILDLAND FIRE MANAGEMENT

    For an additional amount for ``Wildland Fire Management'', 
$100,000,000, to remain available until expended, for urgent wildland 
fire suppression activities pursuant to section 312 of S. Con. Res. 95 
(108th Congress) as made applicable to the House of Representatives by 
H. Res. 649 (108th Congress) and applicable to the Senate by section 
14007 of Public Law 108-287: Provided, That such funds shall only become 
available if funds provided for wildland fire suppression in title I of 
this Act will be exhausted imminently and the Secretary of the Interior 
notifies the House and Senate Committees on Appropriations and the House 
and Senate Committees on the Budget in writing of the need for these 
additional funds: Provided further, That such funds are also available 
for repayment to other appropriation accounts from which funds were 
transferred for <<NOTE: Reports. Deadline.>> wildfire suppression: 
Provided further, That cost containment measures shall be implemented 
within this

[[Page 118 STAT. 3111]]

account for fiscal year 2005, and the Secretary of the Interior and the 
Secretary of Agriculture shall submit a joint report to the Committees 
on Appropriations of the Senate and the House of Representatives on such 
cost containment measures by December 31, 2005: Provided further, That 
Public Law 108-287, title X, chapter 3 is amended under the heading 
``Department of the Interior, Bureau of Land Management, Wildland Fire 
Management'', <<NOTE: Ante, p. 1012.>> by striking the phrases ``for 
fiscal year 2004'' and ``related to the fiscal year 2004 fire season'' 
in the text preceding the first proviso.

                        DEPARTMENT OF AGRICULTURE

                             Forest Service

                        WILDLAND FIRE MANAGEMENT

    For an additional amount for ``Wildland Fire Management'', 
$400,000,000, to remain available until expended, for urgent wildland 
fire suppression activities pursuant to section 312 of S. Con. Res. 
95 <<NOTE: Applicability.>> (108th Congress) as made applicable to the 
House of Representatives by H. Res. 649 (108th Congress) and applicable 
to the Senate by section 14007 of Public 
Law <<NOTE: Applicability.>> 108-287: Provided, That such funds shall 
only become available if funds provided for wildland fire suppression in 
title II of this Act will be exhausted imminently and the Secretary of 
Agriculture notifies the House and Senate Committees on Appropriations 
and the House and Senate Committees on the Budget in writing of the need 
for these additional funds: Provided further, That such funds are also 
available for repayment to other appropriation accounts from which funds 
were transferred for wildfire <<NOTE: Reports. Deadline.>> suppression: 
Provided further, That cost containment measures shall be implemented 
within this account for fiscal year 2005, and the Secretary of 
Agriculture and the Secretary of the Interior shall submit a joint 
report to the Committees on Appropriations of the Senate and the House 
of Representatives on such cost containment measures by December 31, 
2005: Provided further, That <<NOTE: Establishment. Reports.>> the 
Secretary of Agriculture shall establish an independent cost-control 
review panel to examine and report on fire suppression costs for 
individual wildfire incidents that exceed $10,000,000 in cost: Provided 
further, That if the independent review panel report finds that 
appropriate actions were not taken to control suppression costs for one 
or more such wildfire incidents, then an amount equal to the aggregate 
estimated excess costs of suppressing those wildfire incidents shall be 
transferred to the Treasury from unobligated balances remaining at the 
end of fiscal year 2005 in the Wildland Fire Management account: 
Provided further, That Public Law 108-287, title X, chapter 3 is amended 
under the heading ``Department of Agriculture, Forest Service, Wildland 
Fire Management'', by <<NOTE: Ante, p. 1012.>> striking the phrases 
``for fiscal year 2004'' and ``related to the fiscal year 2004 fire 
season'' in the text preceding the first proviso.

                                 TITLE V

    Sec. 501. (a) Across-the-Board Rescissions.--There is hereby 
rescinded an amount equal to 0.594 percent of--
            (1) the budget authority provided for fiscal year 2005 for 
        any discretionary account in this Act; and

[[Page 118 STAT. 3112]]

            (2) the budget authority provided in any advance 
        appropriation for fiscal year 2005 for any discretionary account 
        in the Department of the Interior and Related Agencies 
        Appropriations Act, 2004.

    (b) Proportionate Application.--Any rescission made by subsection 
(a) shall be applied proportionately--
            (1) to each discretionary account and each item of budget 
        authority described in subsection (a); and
            (2) within each such account and item, to each program, 
        project, and activity (with programs, projects, and activities 
        as delineated in the appropriation Act or accompanying reports 
        for the relevant fiscal year covering such account or item, or 
        for accounts and items not included in appropriation Acts, as 
        delineated in the most recently submitted President's budget).

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

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

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

    TITLE <<NOTE: Department of Labor Appropriations Act, 2005.>> I--
DEPARTMENT OF LABOR

                 Employment and Training Administration

                    Training and Employment Services

                         (including rescission)

    For necessary expenses of the Workforce Investment Act of 1998, 
including the purchase and hire of passenger motor vehicles, the 
construction, alteration, and repair of buildings and other facilities, 
and the purchase of real property for training centers as authorized by 
such Act; $2,898,957,000 plus reimbursements, of which $1,885,794,000 is 
available for obligation for the period July 1, 2005 through June 30, 
2006; except that amounts determined by the Secretary of Labor to be 
necessary pursuant to sections 173(a)(4)(A) and 174(c) of such Act shall 
be available from October 1, 2004 until expended; of which $994,242,000 
is available for obligation for the period April 1, 2005 through June 
30, 2006, to carry out chapter 4 of the Act; and of which $16,321,000 is 
available for the period July 1, 2005 through June 30, 2008 for 
necessary expenses of construction, rehabilitation, and acquisition of 
Job Corps centers: Provided, That notwithstanding any other provision of 
law, of the funds provided herein under section 137(c) of the Workforce 
Investment Act of 1998, $283,371,000 shall be for activities described 
in section 132(a)(2)(A) of such Act and $1,196,048,000 shall be for 
activities described in section

[[Page 118 STAT. 3113]]

132(a)(2)(B) of such Act: Provided further, That $250,000,000 shall be 
available for Community-Based Job Training Grants, of which $125,000,000 
shall be from funds reserved under section 132(a)(2)(A) of the Workforce 
Investment Act of 1998 and shall be used to carry out such grants under 
section 171(d) of such Act, except that the 10 percent limitation 
otherwise applicable to the amount of funds that may be used to carry 
out section 171(d) shall not be applicable to funds used for Community-
Based Job Training grants: Provided further, That funds provided to 
carry out section 132(a)(2)(A) of the Workforce Investment Act of 1998 
may be used to provide assistance to a State for State-wide or local use 
in order to address cases where there have been worker dislocations 
across multiple sectors or across multiple local areas and such workers 
remain dislocated; coordinate the State workforce development plan with 
emerging economic development needs; and train such eligible dislocated 
workers: Provided further, That $8,000,000 shall be for carrying out 
section 172 of the Workforce Investment Act of 1998: Provided further, 
That, notwithstanding any other provision of law or related regulation, 
$76,874,000 shall be for carrying out section 167 of the Workforce 
Investment Act of 1998, including $71,787,000 for formula grants, 
$4,583,000 for migrant and seasonal housing (of which not less than 70 
percent shall be for permanent housing), and $504,000 for other 
discretionary purposes: Provided further, That notwithstanding the 
transfer limitation under section 133(b)(4) of such Act, up to 30 
percent of such funds may be transferred by a local board if approved by 
the Governor: Provided further, That funds provided to carry out section 
171(d) of the Workforce Investment Act of 1998 may be used for 
demonstration projects that provide assistance to new entrants in the 
workforce and incumbent workers: Provided further, That funding provided 
to carry out projects under section 171 of the Workforce Investment Act 
of 1998 that are identified in the Conference Agreement, shall not be 
subject to the requirements of section 171(b)(2)(B) of such Act, the 
requirements of section 171(c)(4)(D) of such Act, the joint funding 
requirements of sections 171(b)(2)(A) and 171(c)(4)(A) of such Act, or 
any time limit requirements of sections 171(b)(2)(C) and 171(c)(4)(B) of 
such Act: Provided further, That no funds from any other appropriation 
shall be used to provide meal services at or for Job Corps centers.
    For necessary expenses of the Act, including the purchase and hire 
of passenger motor vehicles, the construction, alteration, and repair of 
buildings and other facilities, and the purchase of real property for 
training centers as authorized by the Act; $2,463,000,000 plus 
reimbursements, of which $2,363,000,000 is available for obligation for 
the period October 1, 2005 through June 30, 2006, and of which 
$100,000,000 is available for the period October 1, 2005 through June 
30, 2008, for necessary expenses of construction, rehabilitation, and 
acquisition of Job Corps centers.
    Of the funds provided under this heading in Public Law 108-199 for 
the Employment and Training Administration, $2,200,000 shall be for a 
non-competitive <<NOTE: Grants. Deadline.>> grant to the AFL-CIO 
Appalachian Council, Incorporated, and shall be awarded no later than 
January 31, 2005.

    Of the funds provided under this heading in Public Law 108-199 for 
the Employment and Training Administration $1,500,000 shall be for a 
non-competitive <<NOTE: Grants. Deadline.>> grant to the AFL-CIO Working

[[Page 118 STAT. 3114]]

for America Institute, and shall be awarded no later than January 31, 
2005.

    Of the funds provided under this heading in Public Law 108-199 for 
the Employment and Training Administration, $4,000,000 shall be for a 
non-competitive <<NOTE: Grants. Religion. Deadline.>> grant to the Black 
Clergy of Philadelphia and Vicinity, and shall be awarded no later than 
January 31, 2005.

    Of the funds provided under this heading in Public Law 108-199 for 
the Employment and Training Administration, $2,600,000 shall be for a 
non-competitive <<NOTE: Grants. Deadline.>> grant to the National Center 
on Education and the Economy, and shall be awarded no later than January 
31, 2005.

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

            Community Service Employment for Older Americans

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

              Federal Unemployment Benefits and Allowances

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

     State Unemployment Insurance and Employment Service Operations

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

[[Page 118 STAT. 3115]]

Employment Security Administration Account in the Unemployment Trust 
Fund including the cost of administering section 51 of the Internal 
Revenue Code of 1986, as amended, section 7(d) of the Wagner-Peyser Act, 
as amended, the Trade Act of 1974, as amended, the Immigration Act of 
1990, and the Immigration and Nationality Act, as amended, and of which 
the sums available in the allocation for activities authorized by title 
III of the Social Security Act, as amended (42 U.S.C. 502-504), and the 
sums available in the allocation for necessary administrative expenses 
for carrying out 5 U.S.C. 8501-8523, shall be available for obligation 
by the States through December 31, 2005, except that funds used for 
automation acquisitions shall be available for obligation by the States 
through September 30, 2007; of which $141,934,000, together with not to 
exceed $763,587,000 of the amount which may be expended from said trust 
fund, shall be available for obligation for the period July 1, 2005 
through June 30, 2006, to fund activities under the Act of June 6, 1933, 
as amended, including the cost of penalty mail authorized under 39 
U.S.C. 3202(a)(1)(E) made available to States in lieu of allotments for 
such purpose: Provided, That to the extent that the Average Weekly 
Insured Unemployment (AWIU) for fiscal year 2005 is projected by the 
Department of Labor to exceed 3,227,000, an additional $28,600,000 shall 
be available for obligation for every 100,000 increase in the AWIU level 
(including a pro rata amount for any increment less than 100,000) from 
the Employment Security Administration Account of the Unemployment Trust 
Fund: Provided further, That funds appropriated in this Act which are 
used to establish a national one-stop career center system, or which are 
used to support the national activities of the Federal-State 
unemployment insurance or immigration programs, may be obligated in 
contracts, grants or agreements with non-State entities: Provided 
further, That funds appropriated under this Act for activities 
authorized under the Wagner-Peyser Act, as amended, and title III of the 
Social Security Act, may be used by the States to fund integrated 
Employment Service and Unemployment Insurance automation efforts, 
notwithstanding cost allocation principles prescribed under Office of 
Management and Budget Circular A-87.

         Advances to the Unemployment Trust Fund and Other Funds

    For repayable advances to the Unemployment Trust Fund as authorized 
by sections 905(d) and 1203 of the Social Security Act, as amended, and 
to the Black Lung Disability Trust Fund as authorized by section 
9501(c)(1) of the Internal Revenue Code of 1954, as amended; and for 
nonrepayable advances to the Unemployment Trust Fund as authorized by 
section 8509 of title 5, United States Code, and to the ``Federal 
unemployment benefits and allowances'' account, to remain available 
until September 30, 2006, $517,000,000.
    In addition, for making repayable advances to the Black Lung 
Disability Trust Fund in the current fiscal year after September 15, 
2005, for costs incurred by the Black Lung Disability Trust Fund in the 
current fiscal year, such sums as may be necessary.

                         Program Administration

    For expenses of administering employment and training programs, 
$113,810,000, together with not to exceed $57,663,000, which

[[Page 118 STAT. 3116]]

may be expended from the Employment Security Administration Account in 
the Unemployment Trust Fund.

                Employee Benefits Security Administration

                          Salaries and Expenses

    For necessary expenses for the Employee Benefits Security 
Administration, $132,345,000.

                  Pension Benefit Guaranty Corporation

                Pension Benefit Guaranty Corporation Fund

    The Pension Benefit Guaranty Corporation is authorized to make such 
expenditures, including financial assistance authorized by section 104 
of Public Law 96-364, within limits of funds and borrowing authority 
available to such Corporation, and in accord with law, and to make such 
contracts and commitments without regard to fiscal year limitations as 
provided by section 104 of the Government Corporation Control Act, as 
amended (31 U.S.C. 9104), as may be necessary in carrying out the 
program, including associated administrative expenses, through September 
30, 2005 for such Corporation: Provided, That none of the funds 
available to the Corporation for fiscal year 2005 shall be available for 
obligations for administrative expenses in excess of $266,330,000: 
Provided further, That obligations in excess of such amount may be 
incurred after approval by the Office of Management and Budget and the 
Committees on Appropriations of the House and Senate.

                   Employment Standards Administration

                          Salaries and Expenses

    For necessary expenses for the Employment Standards Administration, 
including reimbursement to State, Federal, and local agencies and their 
employees for inspection services rendered, $402,305,000, together with 
$2,040,000 which may be expended from the Special Fund in accordance 
with sections 39(c), 44(d) and 44(j) of the Longshore and Harbor 
Workers' Compensation Act: Provided, That $1,250,000 shall be for the 
development of an alternative system for the electronic submission of 
reports required to be filed under the Labor-Management Reporting and 
Disclosure Act of 1959, as amended, and for a computer database of the 
information for each submission by whatever means, that is indexed and 
easily searchable by the public via the Internet: Provided further, That 
the Secretary of Labor is authorized to accept, retain, and spend, until 
expended, in the name of the Department of Labor, all sums of money 
ordered to be paid to the Secretary of Labor, in accordance with the 
terms of the Consent Judgment in Civil Action No. 91-0027 of the United 
States District Court for the District of the Northern Mariana Islands 
(May 21, 1992): Provided further, That the Secretary of Labor is 
authorized to establish and, in accordance with 31 U.S.C. 3302, collect 
and deposit in the Treasury fees for processing applications and issuing 
certificates under sections 11(d) and 14 of the Fair Labor Standards Act 
of 1938, as amended (29 U.S.C. 211(d) and 214) and for processing 
applications and issuing registrations under title I of the

[[Page 118 STAT. 3117]]

Migrant and Seasonal Agricultural Worker Protection Act (29 U.S.C. 1801 
et seq.).

                            Special Benefits

                      (including transfer of funds)

    For the payment of compensation, benefits, and expenses (except 
administrative expenses) accruing during the current or any prior fiscal 
year authorized by title 5, chapter 81 of the United States Code; 
continuation of benefits as provided for under the heading ``Civilian 
War Benefits'' in the Federal Security Agency Appropriation Act, 1947; 
the Employees' Compensation Commission Appropriation Act, 1944; sections 
4(c) and 5(f) of the War Claims Act of 1948 (50 U.S.C. App. 2012); and 
50 percent of the additional compensation and benefits required by 
section 10(h) of the Longshore and Harbor Workers' Compensation Act, as 
amended, $233,000,000, together with such amounts as may be necessary to 
be charged to the subsequent year appropriation for the payment of 
compensation and other benefits for any period subsequent to August 15 
of the current year: Provided, That amounts appropriated may be used 
under section 8104 of title 5, United States Code, by the Secretary of 
Labor to reimburse an employer, who is not the employer at the time of 
injury, for portions of the salary of a reemployed, disabled 
beneficiary: Provided further, That balances of reimbursements 
unobligated on September 30, 2004, shall remain available until expended 
for the payment of compensation, benefits, and expenses: Provided 
further, That in addition there shall be transferred to this 
appropriation from the Postal Service and from any other corporation or 
instrumentality required under section 8147(c) of title 5, United States 
Code, to pay an amount for its fair share of the cost of administration, 
such sums as the Secretary determines to be the cost of administration 
for employees of such fair share entities through September 30, 2005: 
Provided further, That of those funds transferred to this account from 
the fair share entities to pay the cost of administration of the Federal 
Employees' Compensation Act, $39,668,000 shall be made available to the 
Secretary as follows: (1) for enhancement and maintenance of automated 
data processing systems and telecommunications systems, $12,351,000; (2) 
for automated workload processing operations, including document 
imaging, centralized mail intake and medical bill processing, 
$14,221,000; (3) for periodic roll management and medical review, 
$13,096,000; and (4) the remaining funds shall be paid into the Treasury 
as miscellaneous receipts: Provided further, That the Secretary may 
require that any person filing a notice of injury or a claim for 
benefits under chapter 81 of title 5, United States Code, or 33 U.S.C. 
901 et seq., provide as part of such notice and claim, such identifying 
information (including Social Security account number) as such 
regulations may prescribe.

                Special Benefits for Disabled Coal Miners

    For carrying out title IV of the Federal Mine Safety and Health Act 
of 1977, as amended by Public Law 107-275, (the ``Act''), $276,000,000, 
to remain available until expended.
    For making after July 31 of the current fiscal year, benefit 
payments to individuals under title IV of the Act, for costs incurred in 
the current fiscal year, such amounts as may be necessary.

[[Page 118 STAT. 3118]]

    For making benefit payments under title IV for the first quarter of 
fiscal year 2006, $81,000,000, to remain available until expended.

     Administrative Expenses, Energy Employees Occupational Illness 
                            Compensation Fund

                      (including transfer of funds)

    For necessary expenses to administer the Energy Employees 
Occupational Illness Compensation Act, $40,821,000, to remain available 
until expended: Provided, That the Secretary of Labor is authorized to 
transfer to any executive agency with authority under the Energy 
Employees Occupational Illness Compensation Act, including within the 
Department of Labor, such sums as may be necessary in fiscal year 2005 
to carry out those authorities: Provided further, That the Secretary may 
require that any person filing a claim for benefits under the Act 
provide as part of such claim, such identifying information (including 
Social Security account number) as may be prescribed.

                    Black Lung Disability Trust Fund

                      (including transfer of funds)

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

              Occupational Safety and Health Administration

                          Salaries and Expenses

    For necessary expenses for the Occupational Safety and Health 
Administration, $468,109,000, including not to exceed $91,747,000 which 
shall be the maximum amount available for grants to States under section 
23(g) of the Occupational Safety and Health Act (the ``Act''), which 
grants shall be no less than 50 percent of the costs of State 
occupational safety and health programs required to be incurred under 
plans approved by the Secretary under section 18 of the Act; and, in 
addition, <<NOTE: 29 USC 670 note.>> notwithstanding 31 U.S.C. 3302, the 
Occupational Safety and Health Administration may retain up to $750,000 
per fiscal year of training institute course tuition fees, otherwise 
authorized by law to be collected, and may utilize such sums for 
occupational safety and health training and education grants: Provided, 
That, notwithstanding 31 U.S.C. 3302, the Secretary of Labor is 
authorized, during the fiscal year ending September 30, 2005, to collect 
and retain fees for services provided

[[Page 118 STAT. 3119]]

to Nationally Recognized Testing Laboratories, and may utilize such 
sums, in accordance with the provisions of 29 U.S.C. 9a, to administer 
national and international laboratory recognition programs that ensure 
the safety of equipment and products used by workers in the workplace: 
Provided further, That none of the funds appropriated under this 
paragraph shall be obligated or expended to prescribe, issue, 
administer, or enforce any standard, rule, regulation, or order under 
the Act which is applicable to any person who is engaged in a farming 
operation which does not maintain a temporary labor camp and employs 10 
or fewer employees: Provided further, That no funds appropriated under 
this paragraph shall be obligated or expended to administer or enforce 
any standard, rule, regulation, or order under the Act with respect to 
any employer of 10 or fewer employees who is included within a category 
having a Days Away, Restricted, or Transferred (DART) occupational 
injury and illness rate, at the most precise industrial classification 
code for which such data are published, less than the national average 
rate as such rates are most recently published by the Secretary, acting 
through the Bureau of Labor Statistics, in accordance with section 24 of 
that Act (29 U.S.C. 673), except--
            (1) to provide, as authorized by such Act, consultation, 
        technical assistance, educational and training services, and to 
        conduct surveys and studies;
            (2) to conduct an inspection or investigation in response to 
        an employee complaint, to issue a citation for violations found 
        during such inspection, and to assess a penalty for violations 
        which are not corrected within a reasonable abatement period and 
        for any willful violations found;
            (3) to take any action authorized by such Act with respect 
        to imminent dangers;
            (4) to take any action authorized by such Act with respect 
        to health hazards;
            (5) to take any action authorized by such Act with respect 
        to a report of an employment accident which is fatal to one or 
        more employees or which results in hospitalization of two or 
        more employees, and to take any action pursuant to such 
        investigation authorized by such Act; and
            (6) to take any action authorized by such Act with respect 
        to complaints of discrimination against employees for exercising 
        rights under such Act:

Provided further, That the foregoing proviso shall not apply to any 
person who is engaged in a farming operation which does not maintain a 
temporary labor camp and employs 10 or fewer employees: Provided 
further, That not less than $3,200,000 shall be used to extend funding 
for the Institutional Competency Building training grants which 
commenced in September 2000, for program activities for the period of 
September 30, 2005 to September 30, 2006, provided that a grantee has 
demonstrated satisfactory performance: Provided further, That none of 
the funds appropriated under this paragraph shall be obligated or 
expended to administer or enforce the provisions of 29 CFR 
1910.134(f)(2) (General Industry Respiratory Protection Standard) to the 
extent that such provisions require the annual fit testing (after the 
initial fit testing) of respirators for occupational exposure to 
tuberculosis.

[[Page 118 STAT. 3120]]

                  Mine Safety and Health Administration

                          Salaries and Expenses

    For necessary expenses for the Mine Safety and Health 
Administration, $281,535,000, including purchase and bestowal of 
certificates and trophies in connection with mine rescue and first-aid 
work, and the hire of passenger motor vehicles, including up to 
$2,000,000 for mine rescue and recovery activities; in addition, not to 
exceed $750,000 may be collected by the National Mine Health and Safety 
Academy for room, board, tuition, and the sale of training materials, 
otherwise authorized by law to be collected, to be available for mine 
safety and health education and training activities, notwithstanding 31 
U.S.C. 3302; and, in addition, the Mine Safety and Health Administration 
may retain up to $1,000,000 from fees collected for the approval and 
certification of equipment, materials, and explosives for use in mines, 
and may utilize such sums for such activities; <<NOTE: 30 USC 962.>> the 
Secretary is authorized to accept lands, buildings, equipment, and other 
contributions from public and private sources and to prosecute projects 
in cooperation with other agencies, Federal, State, or private; the Mine 
Safety and Health Administration is authorized to promote health and 
safety education and training in the mining community through 
cooperative programs with States, industry, and safety associations; and 
any funds available to the department may be used, with the approval of 
the Secretary, to provide for the costs of mine rescue and survival 
operations in the event of a major disaster.

                       Bureau of Labor Statistics

                          Salaries and Expenses

    For necessary expenses for the Bureau of Labor Statistics, including 
advances or reimbursements to State, Federal, and local agencies and 
their employees for services rendered, $455,045,000, together with not 
to exceed $78,473,000, which may be expended from the Employment 
Security Administration Account in the Unemployment Trust Fund, of which 
$5,000,000 may be used to fund the mass layoff statistics program under 
section 15 of the Wagner-Peyser Act (29 U.S.C. 49l-2).

                 Office of Disability Employment Policy

                          salaries and expenses

    For necessary expenses for the Office of Disability Employment 
Policy to provide leadership, develop policy and initiatives, and award 
grants furthering the objective of eliminating barriers to the training 
and employment of people with disabilities, $47,555,000.

                         Departmental Management

                          Salaries and Expenses

    For necessary expenses for Departmental Management, including the 
hire of three sedans, and including the management or operation, through 
contracts, grants or other arrangements of Departmental activities 
conducted by or through the Bureau of

[[Page 118 STAT. 3121]]

International Labor Affairs, including bilateral and multilateral 
technical assistance and other international labor activities, 
$323,108,000, of which, $7,000,000, to remain available until September 
30, 2006, is for Frances Perkins Building Security Enhancements, and 
$30,000,000 is for the acquisition of Departmental information 
technology, architecture, infrastructure, equipment, software and 
related needs, which will be allocated by the Department's Chief 
Information Officer in accordance with the Department's capital 
investment management process to assure a sound investment strategy; 
together with not to exceed $314,000, which may be expended from the 
Employment Security Administration Account in the Unemployment 
Trust <<NOTE: 33 USC 921 note.>> Fund: Provided, That no funds made 
available by this Act may be used by the Solicitor of Labor to 
participate in a review in any United States court of appeals of any 
decision made by the Benefits Review Board under section 21 of the 
Longshore and Harbor Workers' Compensation Act (33 U.S.C. 921) where 
such participation is precluded by the decision of the United States 
Supreme Court in Director, Office of Workers' Compensation Programs v. 
Newport News Shipbuilding, 115 S. Ct. 1278 (1995), notwithstanding any 
provisions to the contrary contained in Rule 15 of the Federal Rules of 
Appellate Procedure: Provided further, That no funds made available by 
this Act may be used by the Secretary of Labor to review a decision 
under the Longshore and Harbor Workers' Compensation Act (33 U.S.C. 901 
et seq.) that has been appealed and that has been pending before the 
Benefits Review Board for more than 12 months: Provided further, That 
any such decision pending a review by the Benefits Review Board for more 
than 1 year shall be considered affirmed by the Benefits Review Board on 
the 1-year anniversary of the filing of the appeal, and shall be 
considered the final order of the Board for purposes of obtaining a 
review in the United States courts of appeals: Provided further, That 
these provisions shall not be applicable to the review or appeal of any 
decision issued under the Black Lung Benefits Act (30 U.S.C. 901 et 
seq.).

                    Veterans Employment and Training

    Not to exceed $195,098,000 may be derived from the Employment 
Security Administration Account in the Unemployment Trust Fund to carry 
out the provisions of 38 U.S.C. 4100-4110A, 4212, 4214, and 4321-4327, 
and Public Law 103-353, and which shall be available for obligation by 
the States through December 31, 2005, of which $2,000,000 is for the 
National Veterans' Employment and Training Services Institute. To carry 
out the Homeless Veterans Reintegration Programs (38 U.S.C. 2021) and 
the Veterans Workforce Investment Programs (29 U.S.C. 2913), 
$29,550,000, of which $8,550,000 shall be available for obligation for 
the period July 1, 2005 through June 30, 2006.

                       Office of Inspector General

    For salaries and expenses of the Office of Inspector General in 
carrying out the provisions of the Inspector General Act of 1978, as 
amended, $64,029,000, together with not to exceed $5,561,000, which may 
be expended from the Employment Security Administration Account in the 
Unemployment Trust Fund.

[[Page 118 STAT. 3122]]

                          Working Capital Fund

    For the acquisition of a new core accounting system for the 
Department of Labor, including hardware and software infrastructure and 
the costs associated with implementation thereof, $10,000,000.

                           General Provisions

    Sec. 101. None of the funds appropriated in this title for the Job 
Corps shall be used to pay the compensation of an individual, either as 
direct costs or any proration as an indirect cost, at a rate in excess 
of Executive Level II.

                           (transfer of funds)

    Sec. 102. Not to exceed 1 percent of any discretionary funds 
(pursuant to the Balanced Budget and Emergency Deficit Control Act of 
1985, as amended) which are appropriated for the current fiscal year for 
the Department of Labor in this Act may be transferred between a 
program, project, or activity, but no such program, project, or activity 
shall be increased by more than 3 percent by any such transfer: 
Provided, That <<NOTE: Notification.>> the Appropriations Committees of 
both Houses of Congress are notified at least 15 days in advance of any 
transfer.

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

    Sec. 106. <<NOTE: Reports.>> The Department of Labor shall submit 
its fiscal year 2006 congressional budget justifications to the 
Committees on Appropriations of the House of Representatives and the 
Senate in the format as they were prepared prior to fiscal year 2003.

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

  TITLE II--DEPARTMENT <<NOTE: Department of Health and Human Services 
Appropriations Act, 2005.>> OF HEALTH AND HUMAN SERVICES

              Health Resources and Services Administration

                      Health Resources and Services

    For carrying out titles II, III, IV, VII, VIII, X, XII, XIX, and 
XXVI of the Public Health Service Act, section 427(a) of the Federal 
Coal Mine Health and Safety Act, title V and sections 1128E, 711, and 
1820 of the Social Security Act, the Health Care Quality

[[Page 118 STAT. 3123]]

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

[[Page 118 STAT. 3124]]

106-113, of which $10,000,000 shall be for a psychiatric treatment 
facility in Bethel, Alaska, $10,000,000 shall be for residential and 
supportive housing for elders, $2,500,000 shall be for medical and 
dental equipment for rural clinics, and $5,000,000 shall be for upgrade 
and construction of shelters for victims of domestic violence and child 
abuse.

            Health Education Assistance Loans Program Account

    Such sums as may be necessary to carry out the purpose of the 
program, as authorized by title VII of the Public Health Service Act, as 
amended. For administrative expenses to carry out the guaranteed loan 
program, including section 709 of the Public Health Service Act, 
$3,270,000.

             Vaccine Injury Compensation Program Trust Fund

    For payments from the Vaccine Injury Compensation Program Trust 
Fund, such sums as may be necessary for claims associated with vaccine-
related injury or death with respect to vaccines administered after 
September 30, 1988, pursuant to subtitle 2 of title XXI of the Public 
Health Service Act, to remain available until expended: Provided, That 
for necessary administrative expenses, not to exceed $3,176,000 shall be 
available from the Trust Fund to the Secretary of Health and Human 
Services.

               Centers for Disease Control and Prevention

                 Disease Control, Research, and Training

    To carry out titles II, III, VII, XI, XV, XVII, XIX, XXI, and XXVI 
of the Public Health Service Act, sections 101, 102, 103, 201, 202, 203, 
301, and 501 of the Federal Mine Safety and Health Act of 1977, sections 
20, 21, and 22 of the Occupational Safety and Health Act of 1970, title 
IV of the Immigration and Nationality Act, and section 501 of the 
Refugee Education Assistance Act of 1980; including purchase and 
insurance of official motor vehicles in foreign countries; and purchase, 
hire, maintenance, and operation of aircraft, $4,533,911,000, of which 
$272,000,000 shall remain available until expended for equipment, and 
construction and renovation of facilities, and of which $124,882,000 for 
international HIV/AIDS shall remain available until September 30, 2006. 
In addition, such sums as may be derived from authorized user fees, 
which shall be credited to this account: Provided, That in addition to 
amounts provided herein, the following amounts shall be available from 
amounts available under section 241 of the Public Health Service Act: 
(1) $12,794,000 to carry out the National Immunization Surveys; (2) 
$109,021,000 to carry out the National Center for Health Statistics 
surveys; (3) $24,751,000 to carry out information systems standards 
development and architecture and applications-based research used at 
local public health levels; (4) $463,000 for Health Marketing 
evaluations; (5) $31,000,000 to carry out Public Health Research; and 
(6) $87,071,000 to carry out Research Tools and Approaches activities 
within the National Occupational Research Agenda: Provided further, That 
none of the funds made available for injury prevention and control at 
the Centers for Disease Control and Prevention may be used, in whole or 
in part, to advocate or promote gun control: Provided further, That up

[[Page 118 STAT. 3125]]

to $30,000,000 shall be made available until expended for Individual 
Learning Accounts for full-time equivalent employees of the Centers for 
Disease Control and Prevention: Provided further, That the Director may 
redirect the total amount made available under authority of Public Law 
101-502, section 3, dated November 3, 1990, to activities the Director 
may so <<NOTE: Notification.>> designate: Provided further, That the 
Congress is to be notified promptly of any such transfer: Provided 
further, That not to exceed $12,500,000 may be available for making 
grants under section 1509 of the Public Health Service Act to not more 
than 15 States, tribes, or tribal organizations: Provided further, That 
without regard to existing statute, funds appropriated may be used to 
proceed, at the discretion of the Centers for Disease Control and 
Prevention, with property acquisition, including a long-term ground 
lease for construction on non-Federal land, to support the construction 
of a replacement laboratory in the Fort Collins, Colorado area: Provided 
further, That notwithstanding any other provision of law, a single 
contract or related contracts for development and construction of 
facilities may be employed which collectively include the full scope of 
the project: Provided further, That the solicitation and contract shall 
contain the clause ``availability of funds'' found at 48 CFR 52.232-18: 
Provided further, That of the funds appropriated, $10,000 is for 
official reception and representation expenses when specifically 
approved by the Director of the Centers for Disease Control and 
Prevention.

                      National Institutes of Health

                        National Cancer Institute

    For carrying out section 301 and title IV of the Public Health 
Service Act with respect to cancer, $4,865,525,000, of which up to 
$8,000,000 may be used for facilities repairs and improvements at the 
NCI-Frederick Federally Funded Research and Development Center in 
Frederick, Maryland.

                National Heart, Lung, and Blood Institute

    For carrying out section 301 and title IV of the Public Health 
Service Act with respect to cardiovascular, lung, and blood diseases, 
and blood and blood products, $2,965,453,000.

         National Institute of Dental and Craniofacial Research

    For carrying out section 301 and title IV of the Public Health 
Service Act with respect to dental disease, $395,080,000.

    National Institute of Diabetes and Digestive and Kidney Diseases

    For carrying out section 301 and title IV of the Public Health 
Service Act with respect to diabetes and digestive and kidney disease, 
$1,727,696,000.

         National Institute of Neurological Disorders and Stroke

    For carrying out section 301 and title IV of the Public Health 
Service Act with respect to neurological disorders and stroke, 
$1,552,123,000.

[[Page 118 STAT. 3126]]

          National Institute of Allergy and Infectious Diseases

                      (including transfer of funds)

    For carrying out section 301 and title IV of the Public Health 
Service Act with respect to allergy and infectious diseases, 
$4,440,007,000: Provided, That $100,000,000 may be made available to 
International Assistance Programs ``Global Fund to Fight HIV/AIDS, 
Malaria, and Tuberculosis'', to remain available until expended: 
Provided further, That up to $150,000,000 shall be for extramural 
facilities construction grants to enhance the Nation's capability to do 
research on biological and other agents.

             National Institute of General Medical Sciences

    For carrying out section 301 and title IV of the Public Health 
Service Act with respect to general medical sciences, $1,959,810,000.

        National Institute of Child Health and Human Development

    For carrying out section 301 and title IV of the Public Health 
Service Act with respect to child health and human development, 
$1,280,915,000.

                         National Eye Institute

    For carrying out section 301 and title IV of the Public Health 
Service Act with respect to eye diseases and visual disorders, 
$674,578,000.

           National Institute of Environmental Health Sciences

    For carrying out sections 301 and 311 and title IV of the Public 
Health Service Act with respect to environmental health sciences, 
$650,027,000.

                       National Institute on Aging

    For carrying out section 301 and title IV of the Public Health 
Service Act with respect to aging, $1,060,666,000.

  National Institute of Arthritis and Musculoskeletal and Skin Diseases

    For carrying out section 301 and title IV of the Public Health 
Service Act with respect to arthritis and musculoskeletal and skin 
diseases, $515,378,000.

    National Institute on Deafness and Other Communication Disorders

    For carrying out section 301 and title IV of the Public Health 
Service Act with respect to deafness and other communication disorders, 
$397,507,000.

                 National Institute of Nursing Research

    For carrying out section 301 and title IV of the Public Health 
Service Act with respect to nursing research, $139,198,000.

[[Page 118 STAT. 3127]]

           National Institute on Alcohol Abuse and Alcoholism

    For carrying out section 301 and title IV of the Public Health 
Service Act with respect to alcohol abuse and alcoholism, $441,911,000.

                    National Institute on Drug Abuse

    For carrying out section 301 and title IV of the Public Health 
Service Act with respect to drug abuse, $1,014,760,000.

                   National Institute of Mental Health

    For carrying out section 301 and title IV of the Public Health 
Service Act with respect to mental health, $1,423,609,000.

                National Human Genome Research Institute

    For carrying out section 301 and title IV of the Public Health 
Service Act with respect to human genome research, $492,670,000.

       National Institute of Biomedical Imaging and Bioengineering

    For carrying out section 301 and title IV of the Public Health 
Service Act with respect to biomedical imaging and bioengineering 
research, $300,647,000.

                 National Center for Research Resources

    For carrying out section 301 and title IV of the Public Health 
Service Act with respect to research resources and general research 
support grants, $1,124,141,000: Provided, That none of these funds shall 
be used to pay recipients of the general research support grants program 
any amount for indirect expenses in connection with such grants: 
Provided further, That $30,000,000 shall be for extramural facilities 
construction grants.

       National Center for Complementary and Alternative Medicine

    For carrying out section 301 and title IV of the Public Health 
Service Act with respect to complementary and alternative medicine, 
$123,116,000.

        National Center on Minority Health and Health Disparities

    For carrying out section 301 and title IV of the Public Health 
Service Act with respect to minority health and health disparities 
research, $197,780,000.

                  John E. Fogarty International Center

    For carrying out the activities at the John E. Fogarty International 
Center, $67,182,000.

                      National Library of Medicine

    For carrying out section 301 and title IV of the Public Health 
Service Act with respect to health information communications, 
$317,947,000, of which $4,000,000 shall be available until expended for 
improvement of information systems: Provided, That in fiscal

[[Page 118 STAT. 3128]]

year 2005, the Library may enter into personal services contracts for 
the provision of services in facilities owned, operated, or constructed 
under the jurisdiction of the National Institutes of Health: Provided 
further, That in addition to amounts provided herein, $8,200,000 shall 
be available from amounts available under section 241 of the Public 
Health Service Act to carry out National Information Center on Health 
Services Research and Health Care Technology and related health 
services.

                         Office of the Director

                      (including transfer of funds)

    For carrying out the responsibilities of the Office of the Director, 
National Institutes of Health, $361,145,000, of which up to $10,000,000 
shall be used to carry out section 217 of this Act: Provided, That 
funding shall be available for the purchase of not to exceed 29 
passenger motor vehicles for replacement only: Provided further, That 
the Director may direct up to 1 percent of the total amount made 
available in this or any other Act to all National Institutes of Health 
appropriations to activities the Director may so designate: Provided 
further, That no such appropriation shall be decreased by more than 1 
percent by any such transfers and that the Congress is promptly notified 
of the transfer: Provided further, That the National Institutes of 
Health is authorized to collect third party payments for the cost of 
clinical services that are incurred in National Institutes of Health 
research facilities and that such payments shall be credited to the 
National Institutes of Health Management Fund: Provided further, That 
all funds credited to the National Institutes of Health Management Fund 
shall remain available for 1 fiscal year after the fiscal year in which 
they are deposited: Provided further, That up to $500,000 shall be 
available to carry out section 499 of the Public Health Service Act: 
Provided further, That of the funds provided $10,000 shall be for 
official reception and representation expenses when specifically 
approved by the Director of NIH: Provided further, That a uniform 
percentage of the amounts appropriated in this Act to each Institute and 
Center may be utilized for the National Institutes of Health Roadmap 
Initiative: Provided further, That the amount utilized under the 
preceding proviso shall not exceed $176,800,000 without prior 
notification to the Committees on Appropriations of the House of 
Representatives and the Senate: Provided further, That amounts utilized 
under the preceding two provisos shall be in addition to amounts made 
available for the Roadmap Initiative from the Director's Discretionary 
Fund and to any amounts allocated to activities related to the Roadmap 
Initiative through the normal research priority-setting process of 
individual Institutes and Centers.

                        buildings and facilities

    For the study of, construction of, renovation of, and acquisition of 
equipment for, facilities of or used by the National Institutes of 
Health, including the acquisition of real property, $111,177,000, to 
remain available until expended: Provided, That notwithstanding any 
other provision of law, single contracts or related contracts, which 
collectively include the full scope of the project, may be employed for 
the development and construction of the first and

[[Page 118 STAT. 3129]]

second phases of the John Edward Porter Neuroscience Research Center: 
Provided further, That the solicitations and contracts shall contain the 
clause ``availability of funds'' found at 48 CFR 52.232-18.

        Substance Abuse and Mental Health Services Administration

               Substance Abuse and Mental Health Services

    For carrying out titles V and XIX of the Public Health Service Act 
with respect to substance abuse and mental health services, the 
Protection and Advocacy for Individuals with Mental Illness Act, and 
section 301 of the Public Health Service Act with respect to program 
management, $3,295,361,000, of which $23,107,000 shall be available for 
projects and in the amounts specified in the statement of the managers 
on the conference report accompanying this Act: Provided, That in 
addition to amounts provided herein, the following amounts shall be 
available from amounts available under section 241 of the Public Health 
Service Act: (1) $79,200,000 to carry out subpart II of title XIX of the 
Public Health Service Act to fund section 1935(b) technical assistance, 
national data, data collection and evaluation activities, and further 
that the total available under this Act for section 1935(b) activities 
shall not exceed 5 percent of the amounts appropriated for subpart II of 
title XIX; (2) $21,803,000 to carry out subpart I of Part B of title XIX 
of the Public Health Service Act to fund section 1920(b) technical 
assistance, national data, data collection and evaluation activities, 
and further that the total available under this Act for section 1920(b) 
activities shall not exceed 5 percent of the amounts appropriated for 
subpart I of Part B of title XIX; (3) $16,000,000 to carry out national 
surveys on drug abuse; (4) $2,000,000 for mental health data collection; 
and (5) $4,300,000 for substance abuse treatment programs.

               Agency for Healthcare Research and Quality

                     Healthcare Research and Quality

    For carrying out titles III and IX of the Public Health Service Act, 
and part A of title XI of the Social Security Act, amounts received from 
Freedom of Information Act fees, reimbursable and interagency 
agreements, and the sale of data shall be credited to this appropriation 
and shall remain available until expended: Provided, That the amount 
made available pursuant to section 927(c) of the Public Health Service 
Act shall not exceed $318,695,000.

               Centers for Medicare and Medicaid Services

                      Grants to States for Medicaid

    For carrying out, except as otherwise provided, titles XI and XIX of 
the Social Security Act, $119,124,488,000, to remain available until 
expended.
    For making, after May 31, 2005, payments to States under title XIX 
of the Social Security Act for the last quarter of fiscal year 2005 for 
unanticipated costs, incurred for the current fiscal year, such sums as 
may be necessary.

[[Page 118 STAT. 3130]]

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

                   Payments to Health Care Trust Funds

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

                           Program Management

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

[[Page 118 STAT. 3131]]

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

[[Page 118 STAT. 3132]]

not less than $79,000,000 shall be for processing Medicare appeals: 
Provided further, That the Secretary of Health and Human Services is 
directed to collect fees in fiscal year 2005 from Medicare+Choice 
organizations pursuant to section 1857(e)(2) of the Social Security Act 
and from eligible organizations with risk-sharing contracts under 
section 1876 of that Act pursuant to section 1876(k)(4)(D) of that Act: 
Provided further, That to the extent Medicare claims processing unit 
costs are projected by the Centers for Medicare and Medicaid Services to 
exceed $0.87 for Part A claims and/or $0.63 for Part B claims, up to an 
additional $18,000,000 may be available for obligation for every $0.04 
increase in Medicare claims processing unit costs from the Federal 
Hospital Insurance and the Federal Supplementary Medical Insurance Trust 
Funds. The calculation of projected unit costs shall be derived in the 
same manner in which the estimated unit costs were calculated for the 
Federal budget estimate for the fiscal year.

      Health Maintenance Organization Loan and Loan Guarantee Fund

    For carrying out subsections (d) and (e) of section 1308 of the 
Public Health Service Act, any amounts received by the Secretary in 
connection with loans and loan guarantees under title XIII of the Public 
Health Service Act, to be available without fiscal year limitation for 
the payment of outstanding obligations. During fiscal year 2005, no 
commitments for direct loans or loan guarantees shall be made.

                Administration for Children and Families

  Payments to States for Child Support Enforcement and Family Support 
                                Programs

    For making payments to States or other non-Federal entities under 
titles I, IV-D, X, XI, XIV, and XVI of the Social Security Act and the 
Act of July 5, 1960 (24 U.S.C. ch. 9), $2,873,802,000, to remain 
available until expended; and for such purposes for the first quarter of 
fiscal year 2006, $1,200,000,000, to remain available until expended.
    For making payments to each State for carrying out the program of 
Aid to Families with Dependent Children under title IV-A of the Social 
Security Act before the effective date of the program of Temporary 
Assistance for Needy Families (TANF) with respect to such State, such 
sums as may be necessary: Provided, That the sum of the amounts 
available to a State with respect to expenditures under such title IV-A 
in fiscal year 1997 under this appropriation and under such title IV-A 
as amended by the Personal Responsibility and Work Opportunity 
Reconciliation Act of 1996 shall not exceed the limitations under 
section 116(b) of such Act.
    For making, after May 31 of the current fiscal year, payments to 
States or other non-Federal entities under titles I, IV-D, X, XI, XIV, 
and XVI of the Social Security Act and the Act of July 5, 1960 (24 
U.S.C. ch. 9), for the last 3 months of the current fiscal year for 
unanticipated costs, incurred for the current fiscal year, such sums as 
may be necessary.

[[Page 118 STAT. 3133]]

                    Low-Income Home Energy Assistance

    For making payments under title XXVI of the Omnibus Budget 
Reconciliation Act of 1981, $1,900,000,000.
    For making payments under title XXVI of the Omnibus Budget 
Reconciliation Act of 1981, $300,000,000, to remain available until 
expended: Provided, That these funds are for the unanticipated home 
energy assistance needs of one or more States, as authorized by section 
2604(e) of the <<NOTE: Applicability.>> Act: Provided further, That the 
entire amount is designated as an emergency requirement pursuant to 
section 402 of S. Con. Res. 95 (108th Congress) as made applicable to 
the House of Representatives by H. Res. 649 (108th Congress) and 
applicable to the Senate by section 14007 of Public Law 108-287.

                     Refugee and Entrant Assistance

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

    Payments to States for the Child Care and Development Block Grant

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

                       Social Services Block Grant

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

[[Page 118 STAT. 3134]]

                 Children and Families Services Programs

    For carrying out, except as otherwise provided, the Runaway and 
Homeless Youth Act, the Developmental Disabilities Assistance and Bill 
of Rights Act, the Head Start Act, the Child Abuse Prevention and 
Treatment Act, sections 310 and 316 of the Family Violence Prevention 
and Services Act, as amended, the Native American Programs Act of 1974, 
title II of Public Law 95-266 (adoption opportunities), the Adoption and 
Safe Families Act of 1997 (Public Law 105-89), sections 1201 and 1211 of 
the Children's Health Act of 2000, the Abandoned Infants Assistance Act 
of 1988, sections 261 and 291 of the Help America Vote Act of 2002, the 
Early Learning Opportunities Act, part B(1) of title IV and sections 
413, 429A, 1110, and 1115 of the Social Security Act, and sections 
40155, 40211, and 40241 of Public Law 103-322; for making payments under 
the Community Services Block Grant Act, sections 439(h), 473A, and 
477(i) of the Social Security Act, and title IV of Public Law 105-285, 
and for necessary administrative expenses to carry out said Acts and 
titles I, IV, V, X, XI, XIV, XVI, and XX of the Social Security Act, the 
Act of July 5, 1960 (24 U.S.C. ch. 9), the Omnibus Budget Reconciliation 
Act of 1981, title IV of the Immigration and Nationality Act, section 
501 of the Refugee Education Assistance Act of 1980, sections 40155, 
40211, and 40241 of Public Law 103-322, and section 126 and titles IV 
and V of Public Law 100-485, $9,069,853,000, of which $32,103,000, to 
remain available until September 30, 2006, shall be for grants to States 
for adoption incentive payments, as authorized by section 473A of title 
IV of the Social Security Act (42 U.S.C. 670-679) and may be made for 
adoptions completed before September 30, 2005: Provided further, That 
$6,898,580,000 shall be for making payments under the Head Start Act, of 
which $1,400,000,000 shall become available October 1, 2005 and remain 
available through September 30, 2006: Provided further, That 
$732,385,000 shall be for making payments under the Community Services 
Block Grant Act: Provided further, That not less than $7,300,000 shall 
be for section 680(3)(B) of the Community Services Block Grant Act, 
Provided further, That within amounts provided herein for abstinence 
education for adolescents, up to $10,000,000 may be available for a 
national abstinence education campaign: Provided further, That in 
addition to amounts provided herein, $6,000,000 shall be available from 
amounts available under section 241 of the Public Health Service Act to 
carry out the provisions of section 1110 of the Social Security Act: 
Provided further, That to the extent Community Services Block Grant 
funds are distributed as grant funds by a State to an eligible entity as 
provided under the Act, and have not been expended by such entity, they 
shall remain with such entity for carryover into the next fiscal year 
for expenditure by such entity consistent with 
program <<NOTE: Procedures. Grants. 42 USC 9921 note.>> purposes: 
Provided further, That the Secretary shall establish procedures 
regarding the disposition of intangible property which permits grant 
funds, or intangible assets acquired with funds authorized under section 
680 of the Community Services Block Grant Act, as amended, to become the 
sole property of such grantees after a period of not more than 12 years 
after the end of the grant for purposes and uses consistent with the 
original grant: Provided further, That funds appropriated for section 
680(a)(2) of the Community Services Block Grant Act, as amended, shall 
be available for financing construction and

[[Page 118 STAT. 3135]]

rehabilitation and loans or investments in private business enterprises 
owned by community development corporations: Provided further, That 
$55,000,000 is for a compassion capital fund to provide grants to 
charitable organizations to emulate model social service programs and to 
encourage research on the best practices of social service 
organizations: Provided further, That $15,000,000 shall be for 
activities authorized by the Help America Vote Act of 2002, of which 
$10,000,000 shall be for payments to States to promote access for voters 
with disabilities, and of which $5,000,000 shall be for payments to 
States for protection and advocacy systems for voters 
with <<NOTE: Abstinence.>> disabilities: Provided further, That 
$100,000,000 shall be for making competitive grants to provide 
abstinence education (as defined by section 510(b)(2) of the Social 
Security Act) to adolescents, and for Federal costs of administering the 
grant: Provided further, That grants under the immediately preceding 
proviso shall be made only to public and private entities which agree 
that, with respect to an adolescent to whom the entities provide 
abstinence education under such grant, the entities will not provide to 
that adolescent any other education regarding sexual conduct, except 
that, in the case of an entity expressly required by law to provide 
health information or services the adolescent shall not be precluded 
from seeking health information or services from the entity in a 
different setting than the setting in which abstinence education was 
provided: Provided further, That in addition to amounts provided herein 
for abstinence education for adolescents, $4,500,000 shall be available 
from amounts available under section 241 of the Public Health Services 
Act to carry out evaluations (including longitudinal evaluations) of 
adolescent pregnancy prevention approaches: Provided further, That 
$2,000,000 shall be for improving the Public Assistance Reporting 
Information System, including grants to States to support data 
collection for a study of the system's effectiveness.

                   Promoting Safe and Stable Families

    For carrying out section 436 of the Social Security Act, 
$305,000,000 and for section 437, $99,383,000.

       Payments to States for Foster Care and Adoption Assistance

    For making payments to States or other non-Federal entities under 
title IV-E of the Social Security Act, $5,037,900,000.
    For making payments to States or other non-Federal entities under 
title IV-E of the Act, for the first quarter of fiscal year 2006, 
$1,767,200,000.
    For making, after May 31 of the current fiscal year, payments to 
States or other non-Federal entities under section 474 of title IV-E, 
for the last 3 months of the current fiscal year for unanticipated 
costs, incurred for the current fiscal year, such sums as may be 
necessary.

                         Administration on Aging

                         Aging Services Programs

    For carrying out, to the extent not otherwise provided, the Older 
Americans Act of 1965, as amended, and section 398 of the Public Health 
Service Act, $1,404,634,000, of which $5,500,000

[[Page 118 STAT. 3136]]

shall be available for activities regarding medication management, 
screening, and education to prevent incorrect medication and adverse 
drug reactions; and of which $4,558,000 shall remain available until 
September 30, 2007, for the White House Conference on Aging.

                         Office of the Secretary

                     General Departmental Management

    For necessary expenses, not otherwise provided, for general 
departmental management, including hire of six sedans, and for carrying 
out titles III, XVII, XX, and XXI of the Public Health Service Act, and 
the United States-Mexico Border Health Commission Act, $371,975,000, 
together with $55,851,000 to be transferred and expended as authorized 
by section 201(g)(1) of the Social Security Act from the Hospital 
Insurance Trust Fund and the Supplemental Medical Insurance Trust Fund: 
Provided, That of the funds made available under this heading for 
carrying out title XX of the Public Health Service Act, $13,120,000 
shall be for activities specified under section 2003(b)(2), all of which 
shall be for prevention service demonstration grants under section 
510(b)(2) of title V of the Social Security Act, as amended, without 
application of the limitation of section 2010(c) of said title XX: 
Provided further, That of this amount, $52,838,000 shall be for minority 
AIDS prevention and treatment activities; $14,847,000 shall be for an 
Information Technology Security and Innovation Fund for Department-wide 
activities involving cybersecurity, information technology security, and 
related innovation projects; and $6,000,000 shall be to assist 
Afghanistan in the development of maternal and child health clinics, 
consistent with section 103(a)(4)(H) of the Afghanistan Freedom Support 
Act of 2002: Provided further, That no more than $2,754,000 shall be 
available for the Office of the Assistant Secretary for Legislation: 
Provided further, That $50,000,000 shall be transferred to the Social 
Security Administration for processing Medicare appeals: Provided 
further, That specific information requests from the chairmen and 
ranking members of the Subcommittees on Labor, Health and Human 
Services, and Education, and Related Agencies, on scientific research or 
any other matter, shall be transmitted to the Committees on 
Appropriations in a prompt professional manner and within the time frame 
specified in the request: Provided further, That scientific information 
requested by the Committees on Appropriations and prepared by government 
researchers and scientists shall be transmitted to the Committees on 
Appropriations, uncensored and without delay.

                       Office of Inspector General

    For expenses necessary for the Office of Inspector General, 
including the hire of passenger motor vehicles for investigations, in 
carrying out the provisions of the Inspector General Act of 1978, as 
amended, $40,323,000: Provided, That of such amount, necessary sums are 
available for providing protective services to the Secretary and 
investigating non-payment of child support cases for which non-payment 
is a Federal offense under 18 U.S.C. 228.

[[Page 118 STAT. 3137]]

                         Office for Civil Rights

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

                             Policy Research

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

      Retirement Pay and Medical Benefits for Commissioned Officers

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

            Public Health and Social Services Emergency Fund

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

[[Page 118 STAT. 3138]]

shall not be included within any personnel ceiling applicable to the 
Agency, Service, or the Department of Health and Human Services during 
the period of detail or assignment.
    In addition, for activities to ensure a year-round influenza vaccine 
production capacity; the development and implementation of rapidly 
expandable influenza vaccine production technologies; and if determined 
necessary by the Secretary, the purchase of influenza vaccine, 
$100,000,000, to remain available until expended.

                           General Provisions

    Sec. 201. Funds appropriated in this title shall be available for 
not to exceed $50,000 for official reception and representation expenses 
when specifically approved by the Secretary.
    Sec. 202. <<NOTE: HIV/AIDS.>> The Secretary shall make available 
through assignment not more than 60 employees of the Public Health 
Service to assist in child survival activities and to work in AIDS 
programs through and with funds provided by the Agency for International 
Development, the United Nations International Children's Emergency Fund 
or the World Health Organization.

    Sec. 203. None of the funds appropriated under this Act may be used 
to implement section 399F(b) of the Public Health Service Act or section 
1503 of the National Institutes of Health Revitalization Act of 1993, 
Public Law 103-43.
    Sec. 204. None of the funds appropriated in this Act for the 
National Institutes of Health, the Agency for Healthcare Research and 
Quality, and the Substance Abuse and Mental Health Services 
Administration shall be used to pay the salary of an individual, through 
a grant or other extramural mechanism, at a rate in excess of Executive 
Level I.
    Sec. 205. None of the funds appropriated in this title for Head 
Start shall be used to pay the compensation of an individual, either as 
direct costs or any proration as an indirect cost, at a rate in excess 
of Executive Level II.
    Sec. 206. None of the funds appropriated in this Act may be expended 
pursuant to section 241 of the Public Health Service Act, except for 
funds specifically provided for in this Act, or for other taps and 
assessments made by any office located in the Department of Health and 
Human Services, prior to the Secretary's preparation and submission of a 
report to the Committee on Appropriations of the Senate and of the House 
detailing the planned uses of such funds.
    Sec. 207. Notwithstanding section 241(a) of the Public Health 
Service Act, such portion as the Secretary shall determine, but not more 
than 2.4 percent, of any amounts appropriated for programs authorized 
under said Act shall be made available for the evaluation (directly, or 
by grants or contracts) of the implementation and effectiveness of such 
programs.

                           (transfer of funds)

    Sec. 208. Not to exceed 1 percent of any discretionary funds 
(pursuant to the Balanced Budget and Emergency Deficit Control Act of 
1985, as amended) which are appropriated for the current fiscal year for 
the Department of Health and Human Services in this Act may be 
transferred between a program, project, or activity, but no such 
program, project, or activity shall be increased by more than 3 percent 
by any such transfer: Provided, That a

[[Page 118 STAT. 3139]]

program, project, or activity may be increased by up to an additional 2 
percent subject to approval by the House and Senate Committees 
on <<NOTE: Notification. Deadline.>> Appropriations: Provided further, 
That the Appropriations Committees of both Houses of Congress are 
notified at least 15 days in advance of any transfer.

    Sec. 209. <<NOTE: HIV/AIDS.>> Of the amounts made available in this 
Act for the National Institutes of Health, the amount for research 
related to the human immunodeficiency virus, as jointly determined by 
the Director of the National Institutes of Health and the Director of 
the Office of AIDS Research, shall be made available to the ``Office of 
AIDS Research'' account. The Director of the Office of AIDS Research 
shall transfer from such account amounts necessary to carry out section 
2353(d)(3) of the Public Health Service Act.

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

[[Page 118 STAT. 3140]]

            ``(C) one or more categories of aliens who are or were 
        nationals and residents of the Islamic Republic or Iran who, as 
        members of a religious minority in Iran, share common 
        characteristics that identify them as targets of persecution in 
        that state on account of race, religion, nationality, membership 
        in a particular social group, or political opinion.''; and
            (2) in section 599E (8 U.S.C. 1255 note) in subsection 
        (b)(2), by striking ``September 30, 2004'' and inserting 
        ``September 30, 2005''.

    Sec. 214. <<NOTE: Deadline. Certification. Tobacco.>> (a) Except as 
provided by subsection (e) none of the funds appropriated by this Act 
may be used to withhold substance abuse funding from a State pursuant to 
section 1926 of the Public Health Service Act (42 U.S.C. 300x-26) if 
such State certifies to the Secretary of Health and Human Services by 
May 1, 2005 that the State will commit additional State funds, in 
accordance with subsection (b), to ensure compliance with State laws 
prohibiting the sale of tobacco products to individuals under 18 years 
of age.

    (b) The amount of funds to be committed by a State under subsection 
(a) shall be equal to 1 percent of such State's substance abuse block 
grant allocation for each percentage point by which the State misses the 
retailer compliance rate goal established by the Secretary of Health and 
Human Services under section 1926 of such Act.
    (c) The State is to maintain State expenditures in fiscal year 2005 
for tobacco prevention programs and for compliance activities at a level 
that is not less than the level of such expenditures maintained by the 
State for fiscal year 2004, and adding to that level the additional 
funds for tobacco compliance activities required under subsection 
(a). <<NOTE: Reports. Deadline.>> The State is to submit a report to the 
Secretary on all fiscal year 2004 State expenditures and all fiscal year 
2005 obligations for tobacco prevention and compliance activities by 
program activity by July 31, 2005.

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

[[Page 118 STAT. 3141]]

        and management of facilities outside of the United States for 
        the use of the Department of Health and Human Services. The 
        Department of State shall cooperate fully with the Secretary of 
        Health and Human Services to ensure that the Department of 
        Health and Human Services has secure, safe, functional 
        facilities that comply with applicable regulation governing 
        location, setback, and other facilities requirements and serve 
        the purposes established by this Act. The Secretary of Health 
        and Human Services is authorized, in consultation with the 
        Secretary of State, through grant or cooperative agreement, to 
        make available to public or nonprofit private institutions or 
        agencies in participating foreign countries, funds to acquire, 
        lease, alter, or renovate facilities in those countries as 
        necessary to conduct programs of assistance for international 
        health activities, including activities relating to HIV/AIDS and 
        other infectious diseases, chronic and environmental diseases, 
        and other health activities abroad.

    Sec. 216. The Division of Federal Occupational Health may utilize 
personal services contracting to employ professional management/
administrative and occupational health professionals.
    Sec. 217. (a) Authority.--Notwithstanding any other provision of 
law, the Director of the National Institutes of Health may use funds 
available under section 402(i) of the Public Health Service Act (42 
U.S.C. 282(i)) to enter into transactions (other than contracts, 
cooperative agreements, or grants) to carry out research in support of 
the NIH Roadmap Initiative of the Director.
    (b) <<NOTE: Applicability.>> Peer Review.--In entering into 
transactions under subsection (a), the Director of the National 
Institutes of Health may utilize such peer review procedures (including 
consultation with appropriate scientific experts) as the Director 
determines to be appropriate to obtain assessments of scientific and 
technical merit. Such procedures shall apply to such transactions in 
lieu of the peer review and advisory council review procedures that 
would otherwise be required under sections 301(a)(3), 405(b)(1)(B), 
405(b)(2), 406(a)(3)(A), 492, and 494 of the Public Health Service Act 
(42 U.S.C. 241, 284(b)(1)(B), 284(b)(2), 284a(a)(3)(A), 289a, and 289c).

    Sec. 218. <<NOTE: 42 USC 294o note.>> Notwithstanding any other 
provisions of law, funds made available under this heading may be used 
to continue operating the Council on Graduate Medical Education 
established by section 301 of Public Law 102-408.

    Sec. 219. <<NOTE: Effective date.>> (a) Notwithstanding section 
412.23(b)(2) of title 42 of the Code of Federal Regulations, none of the 
funds appropriated by this Act may be expended by the Secretary of 
Health and Human Services to treat a hospital or unit of a hospital that 
was certified by the Secretary as an inpatient rehabilitation facility 
on or before June 30, 2004, as a subsection (d) hospital (as defined in 
section 1886(d)(1)(B) of the Social Security Act (42 U.S.C. 
1395ww(d)(1)(B))) until, not later than 60 days after the date on which 
the report under subsection (b) is issued, the Secretary, taking into 
account the recommendations in such report--
            (1) determines that the classification criteria of hospitals 
        and units of hospitals as inpatient rehabilitation facilities 
        under such section 412.23(b)(2) are not inconsistent with such 
        recommendations; or

[[Page 118 STAT. 3142]]

            (2) <<NOTE: Regulations.>> promulgates a regulation 
        providing for revised criteria under such section 412.23(b)(2), 
        which regulation shall be effective and final immediately on an 
        interim basis as of the date of publication of the regulation.

    (b) The study referred to in subsection (a) is a study by the 
Comptroller General of the United States directed in the statement of 
managers accompanying the conference report on the bill H.R. 1 of the 
108th Congress regarding clinically appropriate standards for defining 
inpatient rehabilitation services under such section 412.23(b)(2).
    Sec. 220. In addition to funds appropriated to the Office of 
Inspector General of the Department of Health and Human Services under 
Public Law 104-191 and this Act, $25,000,000 shall be transferred from 
amounts appropriated under section 1015(a)(1) of Public Law 108-173 for 
activities by the Office of Inspector General of the Department of 
Health and Human Services relating to oversight of programs established 
or revised by Public Law 108-173.
    Sec. 221. <<NOTE: Rescission. Student loans.>> The unobligated 
balance of the Health Professions Student Loan program authorized in 
Subpart II, Federally-Supported Student Loan Funds, of title VII of the 
Public Health Services Act is rescinded.

    Sec. 222. <<NOTE: Rescission. Student loans.>> The unobligated 
balance of the Nursing Student Loan program authorized by section 835 of 
the Public Health Services Act is rescinded.

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

    Sec. 224. <<NOTE: Rescission. Health and health care.>> The 
unobligated balance in the amount of $20,000,000 appropriated by Public 
Law 108-11 under the heading ``Public Health and Social Services 
Emergency Fund'' is rescinded.

    Sec. 225. <<NOTE: Federal buildings and facilities.>> The Center for 
Biodefense and Emerging Infectious Diseases (Building 33) at the 
National Institutes of Health is hereby named the C.W. Bill Young Center 
for Biodefense and Emerging Infectious Diseases.

    This title may be cited as the ``Department of Health and Human 
Services Appropriations Act, 2005''.

 TITLE <<NOTE: Department of Education Appropriations Act, 2005.>> III--
DEPARTMENT OF EDUCATION

                     Education for the Disadvantaged

    For carrying out title I of the Elementary and Secondary Education 
Act of 1965 (``ESEA'') and section 418A of the Higher Education Act of 
1965, $14,963,683,000, of which $7,382,995,000 shall become available on 
July 1, 2005, and shall remain available through September 30, 2006, and 
of which $7,383,301,000 shall become available on October 1, 2005, and 
shall remain available through September 30, 2006 for academic year 
2005-2006, and of which $25,000,000 shall become available on October 1, 
2004 and shall remain available until September 30, 2006: Provided, That 
$7,037,592,000 shall be available for basic grants under section 1124: 
Provided further, That up to $3,500,000 of these funds shall be 
available to the Secretary of Education on October 1, 2004, to obtain 
annually updated educational-agency-level census poverty data from the 
Bureau of the Census: Provided further, That $1,365,031,000 shall be 
available for concentration grants under

[[Page 118 STAT. 3143]]

section 1124A: Provided further, That $2,219,843,000 shall be available 
for targeted grants under section 1125: Provided further, That 
$2,219,843,000 shall be available for education finance incentive grants 
under section 1125A: Provided further, That $25,000,000, available until 
September 30, 2006, shall be for a striving readers initiative 
authorized under section 1502 of the ESEA: Provided further, That 
$9,500,000 shall be available to carry out part E of title I: Provided 
further, That from the funds available to carry out part E of title I, 
up to $1,000,000 shall be available to the Secretary of Education to 
provide technical assistance to State and local educational agencies 
concerning part A of title I: Provided further, That $207,000,000 shall 
be available for comprehensive school reform grants under part F of the 
ESEA.

                               Impact Aid

    For carrying out programs of financial assistance to federally 
affected schools authorized by title VIII of the Elementary and 
Secondary Education Act of 1965, $1,253,893,000, of which $1,083,687,000 
shall be for basic support payments under section 8003(b), $50,369,000 
shall be for payments for children with disabilities under section 
8003(d), $48,936,000 shall be for construction under section 8007 and 
shall remain available through September 30, 2006, $63,000,000 shall be 
for Federal property payments under section 8002, and $7,901,000, to 
remain available until expended, shall be for facilities maintenance 
under section 8008: Provided, That $3,000,000 of the funds for section 
8007 shall be available for the local educational agencies and in the 
amounts specified in the statement of the managers on the conference 
report accompanying this Act: Provided further, That, notwithstanding 
any other provision of law, these funds shall remain available until 
expended: Provided further, That for purposes of computing the amount of 
a payment for an eligible local educational agency under section 8003(a) 
of the Elementary and Secondary Education Act (20 U.S.C. 7703(a)) for 
school year 2004-2005, children enrolled in a school of such agency that 
would otherwise be eligible for payment under section 8003(a)(1)(B) of 
such Act, but due to the deployment of both parents or legal guardians, 
or a parent or legal guardian having sole custody of such children, or 
due to the death of a military parent or legal guardian while on active 
duty (so long as such children reside on Federal property as described 
in section 8003(a)(1)(B)), are no longer eligible under such section, 
shall be considered as eligible students under such section, provided 
such students remain in average daily attendance at a school in the same 
local educational agency they attended prior to their change in 
eligibility status.

                       School Improvement Programs

    For carrying out school improvement activities authorized by titles 
II, part B of title IV, part A and subparts 6 and 9 of part D of title 
V, parts A and B of title VI, and parts B and C of title VII of the 
Elementary and Secondary Education Act of 1965 (``ESEA''); the McKinney-
Vento Homeless Assistance Act; section 203 of the Educational Technical 
Assistance Act of 2002; the Compact of Free Association Amendments Act 
of 2003; and the Civil Rights Act of 1964, $5,664,977,000, of which 
$4,034,196,000 shall become available on July 1, 2005, and remain 
available through

[[Page 118 STAT. 3144]]

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

[[Page 118 STAT. 3145]]

                            Indian Education

    For expenses necessary to carry out, to the extent not otherwise 
provided, title VII, part A of the Elementary and Secondary Education 
Act of 1965, $120,856,000.

                       Innovation and Improvement

    For carrying out activities authorized by parts G and H of title I, 
subpart 5 of part A and parts C and D of title II, parts B, C, and D of 
title V, and section 1504 of the Elementary and Secondary Education Act 
of 1965 (``ESEA''), $1,101,454,000: Provided, That $17,000,000 shall be 
available to carry out section 2151(c) of the ESEA, of which not less 
than $10,000,000 shall be provided to the National Board for 
Professional Teaching Standards, and not less than $7,000,000 shall be 
provided to the American Board for the Certification of Teacher 
Excellence: Provided further, That $37,279,000 shall be for subpart 2 of 
part B of title V: Provided further, That $417,418,000 shall be 
available to carry out part D of title V of the ESEA: Provided further, 
That $246,963,000 of the funds for subpart 1, part D of title V of the 
ESEA shall be available for the projects and in the amounts specified in 
the statement of the managers on the conference report accompanying this 
Act.

                 Safe Schools and Citizenship Education

    For carrying out activities authorized by subpart 3 of part C of 
title II, part A of title IV, and subparts 2, 3 and 10 of part D of 
title V of the Elementary and Secondary Education Act of 1965 
(``ESEA''), title VIII-D of the Higher Education Amendments of 1998, and 
Public Law 102-73, $867,713,000, of which $467,908,000, shall become 
available on July 1, 2005 and remain available through September 30, 
2006: Provided, That of the amount available for subpart 2 of part A of 
title IV of the ESEA, $850,000 shall be used to continue the National 
Recognition Awards program under the same guidelines outlined by section 
120(f) of Public Law 105-244: Provided further, That $440,908,000 shall 
be available for subpart 1 of part A of title IV and $236,472,000 shall 
be available for subpart 2 of part A of title IV: Provided further, That 
$133,691,000 shall be available to carry out part D of title V of the 
ESEA: Provided further, That of the funds available to carry out subpart 
3 of part C of title II, up to $12,292,000 may be used to carry out 
section 2345 and $3,050,000 shall be used by the Center for Civic 
Education to implement a comprehensive program to improve public 
knowledge, understanding, and support of the Congress and the State 
legislatures: Provided further, That $27,000,000 shall be for Youth 
Offender Grants, of which $5,000,000 shall be used in accordance with 
section 601 of Public Law 102-73 as that section was in effect prior to 
enactment of Public Law 105-220: Provided further, That of the funds 
available to carry out subpart 10 of part D of title V, up to $2,000,000 
may be used to support the Special Olympics National Summer Games.

                      English Language Acquisition

    For carrying out part A of title III of the ESEA, $681,215,000, of 
which $595,715,000 shall become available on July 1, 2005,

[[Page 118 STAT. 3146]]

and shall remain available through September 30, 2006: Provided, That 
funds reserved under section 3111(c)(1)(D) of the ESEA that are not used 
in accordance with section 3111(c)(2) may be added to the funds that are 
available July 1, 2005, through September 30, 2006, for State allotments 
under section 3111(c)(3).

                            Special Education

    For carrying out parts B, C, and D of the Individuals with 
Disabilities Education Act, $11,767,748,000, of which $6,145,270,000 
shall become available for obligation on July 1, 2005, and shall remain 
available through September 30, 2006, and of which $5,413,000,000 shall 
become available on October 1, 2005, and shall remain available through 
September 30, 2006, for academic year 2005-2006: Provided, That 
$11,400,000 shall be for Recording for the Blind and Dyslexic, Inc., to 
support the development, production, and circulation of recorded 
educational materials: Provided further, That $1,500,000 shall be for 
the recipient of funds provided by Public Law 105-78 under section 
687(b)(2)(G) of the Act (as in effect prior to the enactment of the 
Individuals with Disabilities Education Improvement Act of 2004) to 
provide information on diagnosis, intervention, and teaching strategies 
for children with disabilities: Provided further, That the amount for 
section 611(c) of the Act shall be equal to the amount available for 
that section during fiscal year 2004, increased by the amount of 
inflation as specified in section 611(f)(1)(B)(ii) of the Act (as in 
effect prior to the enactment of the Individuals with Disabilities 
Education Improvement Act of 2004).

             Rehabilitation Services and Disability Research

    For carrying out, to the extent not otherwise provided, the 
Rehabilitation Act of 1973, the Assistive Technology Act of 1998 (``the 
AT Act''), and the Helen Keller National Center Act, $3,076,112,000, of 
which $1,000,000 shall be awarded to the American Academy of Orthotists 
and Prosthetists for activities that further the purposes of the grant 
received by the Academy for the period beginning October 1, 2003, 
including activities to meet the demand for orthotic and prosthetic 
provider services and improve patient care: Provided, That $30,000,000 
shall be used for carrying out the AT Act, including $4,420,760 for 
State grants for protection and advocacy under section 5 of the AT Act 
and $4,055,000 shall be for alternative financing programs: Provided 
further, That the Federal share of grants for alternative financing 
programs under section 4(b)(2)(D) of the AT Act shall not exceed 75 
percent, and the requirements in section 301(c)(2) and section 302 of 
the AT Act (as in effect on the day before the date of enactment of the 
Assistive Technology Act of 2004) shall not apply to such grants: 
Provided further, That $7,030,000 of the funds for section 303 of the 
Rehabilitation Act of 1973 shall be available for the projects and in 
the amounts specified in the statement of the managers of the conference 
report accompanying this Act.

[[Page 118 STAT. 3147]]

           Special Institutions for Persons With Disabilities

                  American Printing House for the Blind

    For carrying out the Act of March 3, 1879, as amended (20 U.S.C. 101 
et seq.), $17,000,000.

                National Technical Institute for the Deaf

    For the National Technical Institute for the Deaf under titles I and 
II of the Education of the Deaf Act of 1986 (20 U.S.C. 4301 et seq.), 
$55,790,000, of which $1,685,000 shall be for construction and shall 
remain available until expended: Provided, That from the total amount 
available, the Institute may at its discretion use funds for the 
endowment program as authorized under section 207.

                          Gallaudet University

    For the Kendall Demonstration Elementary School, the Model Secondary 
School for the Deaf, and the partial support of Gallaudet University 
under titles I and II of the Education of the Deaf Act of 1986 (20 
U.S.C. 4301 et seq.), $105,400,000: Provided, That from the total amount 
available, the University may at its discretion use funds for the 
endowment program as authorized under section 207.

                     Vocational and Adult Education

    For carrying out, to the extent not otherwise provided, the Carl D. 
Perkins Vocational and Technical Education Act of 1998, the Adult 
Education and Family Literacy Act, and subparts 4 and 11 of part D of 
title V of the Elementary and Secondary Education Act of 1965 
(``ESEA''), $2,027,166,000, of which $1,226,404,000 shall become 
available on July 1, 2005 and shall remain available through September 
30, 2006 and of which $791,000,000 shall become available on October 1, 
2005 and shall remain available through September 30, 2006: Provided, 
That of the amount provided for Adult Education State Grants, 
$69,135,000 shall be made available for integrated English literacy and 
civics education services to immigrants and other limited English 
proficient populations: Provided further, That of the amount reserved 
for integrated English literacy and civics education, notwithstanding 
section 211 of the Adult Education and Family Literacy Act, 65 percent 
shall be allocated to States based on a State's absolute need as 
determined by calculating each State's share of a 10-year average of the 
Immigration and Naturalization Service data for immigrants admitted for 
legal permanent residence for the 10 most recent years, and 35 percent 
allocated to States that experienced growth as measured by the average 
of the 3 most recent years for which Immigration and Naturalization 
Service data for immigrants admitted for legal permanent residence are 
available, except that no State shall be allocated an amount less than 
$60,000: Provided further, That of the amounts made available for the 
Adult Education and Family Literacy Act, $9,169,000 shall be for 
national leadership activities under section 243 and $6,692,000 shall be 
for the National Institute for Literacy under section 242: Provided 
further, That $100,238,000 shall be available to carry out part D of 
title V of the ESEA: Provided further,

[[Page 118 STAT. 3148]]

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

                      Student Financial Assistance

    For carrying out subparts 1, 3 and 4 of part A, part C and part E of 
title IV of the Higher Education Act of 1965, as amended, 
$14,380,795,000, which shall remain available through September 30, 
2006.
    The <<NOTE: 20 USC 1070a note.>> maximum Pell Grant for which a 
student shall be eligible during award year 2005-2006 shall be $4,050.

                       Student Aid Administration

    For Federal administrative expenses (in addition to funds made 
available under section 458), to carry out part D of title I, and 
subparts 1, 3, and 4 of part A, and parts B, C, D and E of title IV of 
the Higher Education Act of 1965, as amended, $120,247,000.

                            Higher Education

    For carrying out, to the extent not otherwise provided, section 121 
and titles II, III, IV, V, VI, and VII of the Higher Education Act of 
1965 (``HEA''), as amended, section 1543 of the Higher Education 
Amendments of 1992, the Mutual Educational and Cultural Exchange Act of 
1961, title VIII of the Higher Education Amendments of 1998, and section 
117 of the Carl D. Perkins Vocational and Technical Education Act, 
$2,134,269,000, of which $1,500,000 for interest subsidies authorized by 
section 121 of the HEA shall remain available until expended: Provided, 
That $9,876,000, to remain available through September 30, 2006, shall 
be available to fund fellowships for academic year 2006-2007 under part 
A, subpart 1 of title VII of said Act, under the terms and conditions of 
part A, subpart 1: Provided further, That notwithstanding any other 
provision of law or any regulation, the Secretary of Education shall not 
require the use of a restricted indirect cost rate for grants issued 
pursuant to section 117 of the Carl D. Perkins Vocational and Technical 
Education Act of 1998: Provided further, That $988,000 is for data 
collection and evaluation activities for programs under the HEA, 
including such activities needed to comply with the Government 
Performance and Results Act of 1993: Provided further, That 
notwithstanding any other provision of law, funds made available in this 
Act to carry out title VI of the HEA and section 102(b)(6) of the Mutual 
Educational and Cultural Exchange Act of 1961 may be used to support 
visits and study in foreign countries by individuals who are 
participating in advanced foreign language training and international 
studies in areas that are vital

[[Page 118 STAT. 3149]]

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

                            Howard University

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

          College Housing and Academic Facilities Loans Program

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

  Historically Black College and University Capital Financing Program 
                                 Account

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

                     Institute of Education Sciences

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

[[Page 118 STAT. 3150]]

projects and in the amounts specified in the statement of the managers 
of the conference report accompanying this Act.

                         Departmental Management

                         Program Administration

    For carrying out, to the extent not otherwise provided, the 
Department of Education Organization Act, including rental of conference 
rooms in the District of Columbia and hire of three passenger motor 
vehicles, $423,379,000.

                         OFFICE FOR CIVIL RIGHTS

    For expenses necessary for the Office for Civil Rights, as 
authorized by section 203 of the Department of Education Organization 
Act, $90,248,000.

                     OFFICE OF THE INSPECTOR GENERAL

    For expenses necessary for the Office of the Inspector General, as 
authorized by section 212 of the Department of Education Organization 
Act, $47,790,000.

General <<NOTE: Schools.>> Provisions

    Sec. 301. No funds appropriated in this Act may be used for the 
transportation of students or teachers (or for the purchase of equipment 
for such transportation) in order to overcome racial imbalance in any 
school or school system, or for the transportation of students or 
teachers (or for the purchase of equipment for such transportation) in 
order to carry out a plan of racial desegregation of any school or 
school system.
    Sec. 302. None of the funds contained in this Act shall be used to 
require, directly or indirectly, the transportation of any student to a 
school other than the school which is nearest the student's home, except 
for a student requiring special education, to the school offering such 
special education, in order to comply with title VI of the Civil Rights 
Act of 1964. For the purpose of this section an indirect requirement of 
transportation of students includes the transportation of students to 
carry out a plan involving the reorganization of the grade structure of 
schools, the pairing of schools, or the clustering of schools, or any 
combination of grade restructuring, pairing or clustering. The 
prohibition described in this section does not include the establishment 
of magnet schools.
    Sec. 303. No funds appropriated under this Act may be used to 
prevent the implementation of programs of voluntary prayer and 
meditation in the public schools.

                           (transfer of funds)

    Sec. 304. Not to exceed 1 percent of any discretionary funds 
(pursuant to the Balanced Budget and Emergency Deficit Control Act of 
1985, as amended) which are appropriated for the Department of Education 
in this Act may be transferred between appropriations, but no such 
appropriation shall be increased by more than 3 percent by any 
such <<NOTE: Notification. Deadline.>> transfer: Provided, That the 
Appropriations Committees of both Houses of Congress are notified at 
least 15 days in advance of any transfer.

[[Page 118 STAT. 3151]]

    Sec. 305. Section 8002(m) of the Elementary and Secondary Education 
Act of 1965 (20 U.S.C. 7702(m)) is amended by striking ``5 years'' each 
place it appears and inserting ``7 years''.
    Sec. 306. (a) Section 167 of division H of the Consolidated 
Appropriations Act, 2004 (Public Law 108-199; 118 <<NOTE: Ante, p. 
452.>> Stat. 3) is amended by striking ``$200,000, for Western Maine 
Technical College, South Paris, Maine, for education programs and 
marketing activities'' and inserting ``$200,000, for Central Maine 
Community College, Auburn, Maine, for education programs, student 
recruitment and marketing activities at the Central Maine Community 
College-Western Maine University and Community College Center in South 
Paris, Maine''.

    (b) <<NOTE: Utah.>> In the statement of the managers of the 
committee of conference accompanying H.R. 2673 (Public Law 108-199; 
House Report 108-401), in the matter in title III of division E, 
relating to the Fund for the Improvement of Education under the heading 
``Innovation and Improvement'' the provision specifying $300,000 for the 
Provo City Public Schools, Provo, Utah, to develop, purchase and 
implement an English language instructional program for training and 
certifying ESL teachers shall be deemed to read as follows: ``Provo City 
Public Schools, Provo, Utah, for an English language instructional 
program, $300,000''.

    Sec. 307. <<NOTE: Marshall Islands. Micronesia.>> Notwithstanding 
any other provision of law, students from the Republic of the Marshall 
Islands and the Federated States of Micronesia enrolled in institutions 
in the Republic of Palau shall be eligible for grants under subpart 1 of 
part A of title IV of the Higher Education Act of 1965 to the extent 
such grants continue to be available to students from the Republic of 
the Marshall Islands and the Federated States of Micronesia who are 
attending institutions in the United States.

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

                       TITLE IV--RELATED AGENCIES

                      Armed Forces Retirement Home

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

  Committee for Purchase From People Who Are Blind or Severely Disabled

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

[[Page 118 STAT. 3152]]

             Corporation for National and Community Service

         Domestic Volunteer Service Programs, Operating Expenses

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

                   Corporation for Public Broadcasting

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

               Federal Mediation and Conciliation Service

                          Salaries and Expenses

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

[[Page 118 STAT. 3153]]

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

            Federal Mine Safety and Health Review Commission

                          Salaries and Expenses

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

                Institute of Museum and Library Services

    Office of Museum and Library Services: Grants and Administration

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

[[Page 118 STAT. 3154]]

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

[[Page 118 STAT. 3155]]

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

[[Page 118 STAT. 3156]]

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

[[Page 118 STAT. 3157]]

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

[[Page 118 STAT. 3158]]

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

                  Medicare Payment Advisory Commission

                          Salaries and Expenses

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

        National Commission on Libraries and Information Science

                          Salaries and Expenses

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

[[Page 118 STAT. 3159]]

                     National Council on Disability

                          Salaries and Expenses

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

                     National Labor Relations Board

                          Salaries and Expenses

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

                        National Mediation Board

                          Salaries and Expenses

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

            Occupational Safety and Health Review Commission

                          Salaries and Expenses

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

                        Railroad Retirement Board

                     Dual Benefits Payments Account

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

[[Page 118 STAT. 3160]]

          Federal Payments to the Railroad Retirement Accounts

    For payment to the accounts established in the Treasury for the 
payment of benefits under the Railroad Retirement Act for interest 
earned on unnegotiated checks, $150,000, to remain available through 
September 30, 2006, which shall be the maximum amount available for 
payment pursuant to section 417 of Public Law 98-76.

                      Limitation on Administration

    For necessary expenses for the Railroad Retirement Board for 
administration of the Railroad Retirement Act and the Railroad 
Unemployment Insurance Act, $103,370,000, to be derived in such amounts 
as determined by the Board from the railroad retirement accounts and 
from moneys credited to the railroad unemployment insurance 
administration fund.

              Limitation on the Office of Inspector General

    For expenses necessary for the Office of Inspector General for 
audit, investigatory and review activities, as authorized by the 
Inspector General Act of 1978, as amended, not more than $7,254,000, to 
be derived from the railroad retirement accounts and railroad 
unemployment insurance account: Provided, That none of the funds made 
available in any other paragraph of this Act may be transferred to the 
Office; used to carry out any such transfer; used to provide any office 
space, equipment, office supplies, communications facilities or 
services, maintenance services, or administrative services for the 
Office; used to pay any salary, benefit, or award for any personnel of 
the Office; used to pay any other operating expense of the Office; or 
used to reimburse the Office for any service provided, or expense 
incurred, by the Office.

                     Social Security Administration

                 Payments to Social Security Trust Funds

    For payment to the Federal Old-Age and Survivors Insurance and the 
Federal Disability Insurance trust funds, as provided under sections 
201(m), 228(g), and 1131(b)(2) of the Social Security Act, $20,454,000.

                  supplemental security income program

    For carrying out titles XI and XVI of the Social Security Act, 
section 401 of Public Law 92-603, section 212 of Public Law 93-66, as 
amended, and section 405 of Public Law 95-216, including payment to the 
Social Security trust funds for administrative expenses incurred 
pursuant to section 201(g)(1) of the Social Security Act, 
$28,586,829,000, to remain available until expended: Provided, That any 
portion of the funds provided to a State in the current fiscal year and 
not obligated by the State during that year shall be returned to the 
Treasury.
    For making, after June 15 of the current fiscal year, benefit 
payments to individuals under title XVI of the Social Security Act, for 
unanticipated costs incurred for the current fiscal year, such sums as 
may be necessary.

[[Page 118 STAT. 3161]]

    For making benefit payments under title XVI of the Social Security 
Act for the first quarter of fiscal year 2006, $10,930,000,000, to 
remain available until expended.

                  Limitation on Administrative Expenses

    For necessary expenses, including the hire of two passenger motor 
vehicles, and not to exceed $15,000 for official reception and 
representation expenses, not more than $8,674,296,000 may be expended, 
as authorized by section 201(g)(1) of the Social Security Act, from any 
one or all of the trust funds referred to therein: Provided, That not 
less than $2,000,000 shall be for the Social Security Advisory Board: 
Provided further, That unobligated balances of funds provided under this 
paragraph at the end of fiscal year 2005 not needed for fiscal year 2005 
shall remain available until expended to invest in the Social Security 
Administration information technology and telecommunications hardware 
and software infrastructure, including related equipment and non-payroll 
administrative expenses associated solely with this information 
technology and telecommunications infrastructure: Provided further, That 
reimbursement to the trust funds under this heading for expenditures for 
official time for employees of the Social Security Administration 
pursuant to section 7131 of title 5, United States Code, and for 
facilities or support services for labor organizations pursuant to 
policies, regulations, or procedures referred to in section 7135(b) of 
such title shall be made by the Secretary of the Treasury, with 
interest, from amounts in the general fund not otherwise appropriated, 
as soon as possible after such expenditures are made.
    In addition, $124,000,000 to be derived from administration fees in 
excess of $5.00 per supplementary payment collected pursuant to section 
1616(d) of the Social Security Act or section 212(b)(3) of Public Law 
93-66, which shall remain available until expended. To the extent that 
the amounts collected pursuant to such section 1616(d) or 212(b)(3) in 
fiscal year 2005 exceed $124,000,000, the amounts shall be available in 
fiscal year 2006 only to the extent provided in advance in 
appropriations Acts.
    In addition, up to $3,600,000 to be derived from fees collected 
pursuant to section 303(c) of the Social Security Protection Act (Public 
Law 108-203), which shall remain available until expended.
    From funds previously appropriated for Federal-State Partnerships, 
any unobligated balances at the end of fiscal year 2004 shall be 
transferred to the Supplemental Security Income Program and remain 
available until expended to promote Medicare buy-in programs targeted to 
elderly and disabled individuals under titles XVIII and XIX of the 
Social Security Act.

                       Office of Inspector General

                      (including transfer of funds)

    For expenses necessary for the Office of Inspector General in 
carrying out the provisions of the Inspector General Act of 1978, as 
amended, $25,748,000, together with not to exceed $65,359,000, to be 
transferred and expended as authorized by section 201(g)(1) of the 
Social Security Act from the Federal Old-Age and Survivors Insurance 
Trust Fund and the Federal Disability Insurance Trust Fund.

[[Page 118 STAT. 3162]]

    In addition, an amount not to exceed 3 percent of the total provided 
in this appropriation may be transferred from the ``Limitation on 
Administrative Expenses'', Social Security Administration, to be merged 
with this account, to be available for the time and purposes for which 
this account is <<NOTE: Notice.>> available: Provided, That notice of 
such transfers shall be transmitted promptly to the Committees on 
Appropriations of the House and Senate.

                       TITLE V--GENERAL PROVISIONS

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

[[Page 118 STAT. 3163]]

            (2) the dollar amount of Federal funds for the project or 
        program; and
            (3) percentage and dollar amount of the total costs of the 
        project or program that will be financed by non-governmental 
        sources.

    Sec. 507. (a) None of the funds appropriated under this Act, and 
none of the funds in any trust fund to which funds are appropriated 
under this Act, shall be expended for any abortion.
    (b) None of the funds appropriated under this Act, and none of the 
funds in any trust fund to which funds are appropriated under this Act, 
shall be expended for health benefits coverage that includes coverage of 
abortion.
    (c) The term ``health benefits coverage'' means the package of 
services covered by a managed care provider or organization pursuant to 
a contract or other arrangement.
    Sec. 508. (a) The limitations established in the preceding section 
shall not apply to an abortion--
            (1) if the pregnancy is the result of an act of rape or 
        incest; or
            (2) in the case where a woman suffers from a physical 
        disorder, physical injury, or physical illness, including a 
        life-endangering physical condition caused by or arising from 
        the pregnancy itself, that would, as certified by a physician, 
        place the woman in danger of death unless an abortion is 
        performed.

    (b) Nothing in the preceding section shall be construed as 
prohibiting the expenditure by a State, locality, entity, or private 
person of State, local, or private funds (other than a State's or 
locality's contribution of Medicaid matching funds).
    (c) Nothing in the preceding section shall be construed as 
restricting the ability of any managed care provider from offering 
abortion coverage or the ability of a State or locality to contract 
separately with such a provider for such coverage with State funds 
(other than a State's or locality's contribution of Medicaid matching 
funds).
    (d)(1) None of the funds made available in this Act may be made 
available to a Federal agency or program, or to a State or local 
government, if such agency, program, or government subjects any 
institutional or individual health care entity to discrimination on the 
basis that the health care entity does not provide, pay for, provide 
coverage of, or refer for abortions.
    (2) In this subsection, the term ``health care entity'' includes an 
individual physician or other health care professional, a hospital, a 
provider-sponsored organization, a health maintenance organization, a 
health insurance plan, or any other kind of health care facility, 
organization, or plan.
    Sec. 509. (a) None of the funds made available in this Act may be 
used for--
            (1) the creation of a human embryo or embryos for research 
        purposes; or
            (2) research in which a human embryo or embryos are 
        destroyed, discarded, or knowingly subjected to risk of injury 
        or death greater than that allowed for research on fetuses in 
        utero under 45 CFR 46.208(a)(2) and section 498(b) of the Public 
        Health Service Act (42 U.S.C. 289g(b)).

    (b) For purposes of this section, the term ``human embryo or 
embryos'' includes any organism, not protected as a human subject under 
45 CFR 46 as of the date of the enactment of this

[[Page 118 STAT. 3164]]

Act, that is derived by fertilization, parthenogenesis, cloning, or any 
other means from one or more human gametes or human diploid cells.
    Sec. 510. (a) None of the funds made available in this Act may be 
used for any activity that promotes the legalization of any drug or 
other substance included in schedule I of the schedules of controlled 
substances established by section 202 of the Controlled Substances Act 
(21 U.S.C. 812).
    (b) The limitation in subsection (a) shall not apply when there is 
significant medical evidence of a therapeutic advantage to the use of 
such drug or other substance or that federally sponsored clinical trials 
are being conducted to determine therapeutic advantage.
    Sec. 511. None of the funds made available in this Act may be 
obligated or expended to enter into or renew a contract with an entity 
if--
            (1) such entity is otherwise a contractor with the United 
        States and is subject to the requirement in section 4212(d) of 
        title 38, United States Code, regarding submission of an annual 
        report to the Secretary of Labor concerning employment of 
        certain veterans; and
            (2) such entity has not submitted a report as required by 
        that section for the most recent year for which such requirement 
        was applicable to such entity.

    Sec. 512. None of the funds made available in this Act may be used 
to promulgate or adopt any final standard under section 1173(b) of the 
Social Security Act (42 U.S.C. 1320d-2(b)) providing for, or providing 
for the assignment of, a unique health identifier for an individual 
(except in an individual's capacity as an employer or a health care 
provider), until legislation is enacted specifically approving the 
standard.
    Sec. 513. None of the funds made available in this Act may be 
transferred to any department, agency, or instrumentality of the United 
States Government, except pursuant to a transfer made by, or transfer 
authority provided in, this Act or any other appropriation Act.
    Sec. 514. None of the funds made available by this Act to carry out 
the Library Services and Technology Act may be made available to any 
library covered by paragraph (1) of section 224(f) of such Act (20 
U.S.C. 9134(f)), as amended by the Children's Internet Protections Act, 
unless such library has made the certifications required by paragraph 
(4) of such section.
    Sec. 515. None of the funds made available by this Act to carry out 
part D of title II of the Elementary and Secondary Education Act of 1965 
may be made available to any elementary or secondary school covered by 
paragraph (1) of section 2441(a) of such Act (20 U.S.C. 6777(a)), as 
amended by the Children's Internet Protections Act and the No Child Left 
Behind Act, unless the local educational agency with responsibility for 
such covered school has made the certifications required by paragraph 
(2) of such section.
    Sec. 516. None of the funds appropriated in this Act may be used to 
enter into an arrangement under section 7(b)(4) of the Railroad 
Retirement Act of 1974 (45 U.S.C. 231f(b)(4)) with a nongovernmental 
financial institution to serve as disbursing agent for benefits payable 
under the Railroad Retirement Act of 1974.

[[Page 118 STAT. 3165]]

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

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

    Sec. 518. <<NOTE: Alaska. Real property.>> Notwithstanding any other 
provision of law or regulation, the United States Government's interest 
in the property at 1818 W. Northern Lights Boulevard in Anchorage, 
Alaska, with legal description: T13N R4W Section 25, NE\1/4\ NW\1/4\ 
Portion W135 E953 N350, Anchorage Recording District shall be conveyed 
to Southcentral Foundation for a replacement Head Start facility.

    Sec. 519. (a) In General.--Amounts made available under this Act for 
the administrative and related expenses for departmental management for 
the Department of Labor, the Department of Health and Human Services, 
and the Department of Education shall be reduced on a pro 
rata <<NOTE: Deadline. Reports.>> basis by $18,000,000: Provided, That 
not later than 15 days after the enactment of this Act, the Director of 
the Office of Management and Budget shall report to the House and Senate 
Committees on Appropriations the accounts subject to the pro rata 
reductions and the amount to be reduced in each account.

[[Page 118 STAT. 3166]]

    (b) Limitation.--The reduction required by subsection (a) shall not 
apply to the Food and Drug Administration and the Indian Health Service.
    This division may be cited as the ``Departments of Labor, Health and 
Human Services, and Education, and Related Agencies Appropriations Act, 
2005''.

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

               LEGISLATIVE BRANCH APPROPRIATIONS ACT, 2005

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

                                 SENATE

                           Expense Allowances

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

     Representation Allowances for the Majority and Minority Leaders

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

                    Salaries, Officers and Employees

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

                      office of the vice president

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

                   office of the president pro tempore

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

              office of the president pro tempore emeritus

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

              offices of the majority and minority leaders

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

               offices of the majority and minority whips

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

[[Page 118 STAT. 3167]]

                       committee on appropriations

    For salaries of the Committee on Appropriations, $13,301,000.

                          conference committees

    For the Conference of the Majority and the Conference of the 
Minority, at rates of compensation to be fixed by the Chairman of each 
such committee, $1,413,000 for each such committee; in all, $2,826,000.

  offices of the secretaries of the conference of the majority and the 
                       conference of the minority

    For Offices of the Secretaries of the Conference of the Majority and 
the Conference of the Minority, $702,000.

                            policy committees

    For salaries of the Majority Policy Committee and the Minority 
Policy Committee, $1,473,000 for each such committee; in all, 
$2,946,000.

                         office of the chaplain

    For Office of the Chaplain, $341,000.

                         office of the secretary

    For Office of the Secretary, $19,586,000.

              office of the sergeant at arms and doorkeeper

    For Office of the Sergeant at Arms and Doorkeeper, $50,635,000.

        offices of the secretaries for the majority and minority

    For Offices of the Secretary for the Majority and the Secretary for 
the Minority, $1,528,000.

                agency contributions and related expenses

    For agency contributions for employee benefits, as authorized by 
law, and related expenses, $33,779,000.

             Office of the Legislative Counsel of the Senate

    For salaries and expenses of the Office of the Legislative Counsel 
of the Senate, $5,152,000.

                     Office of Senate Legal Counsel

    For salaries and expenses of the Office of Senate Legal Counsel, 
$1,265,000.

Expense Allowances of the Secretary of the Senate, Sergeant at Arms and 
Doorkeeper of the Senate, and Secretaries for the Majority and Minority 
                              of the Senate

    For expense allowances of the Secretary of the Senate, $6,000; 
Sergeant at Arms and Doorkeeper of the Senate, $6,000; Secretary

[[Page 118 STAT. 3168]]

for the Majority of the Senate, $6,000; Secretary for the Minority of 
the Senate, $6,000; in all, $24,000.

                    Contingent Expenses of the Senate

                      inquiries and investigations

    For expenses of inquiries and investigations ordered by the Senate, 
or conducted under section 134(a) of the Legislative Reorganization Act 
of 1946 (Public Law 97-601), section 112 of the Supplemental 
Appropriations and Rescission Act, 1980 (Public Law 96-304), and Senate 
Resolution 281, 96th Congress, agreed to March 11, 1980, $110,000,000.

 expenses of the united states senate caucus on international narcotics 
                                 control

    For expenses of the United States Senate Caucus on International 
Narcotics Control, $520,000.

                         secretary of the senate

    For expenses of the Office of the Secretary of the Senate, 
$1,700,000.

              sergeant at arms and doorkeeper of the senate

    For expenses of the Office of the Sergeant at Arms and Doorkeeper of 
the Senate, $127,182,000, of which $20,045,000 shall remain available 
until September 30, 2007, and of which $4,255,000 shall remain available 
until September 30, 2009.

                           miscellaneous items

    For miscellaneous items, $18,326,000, of which up to $500,000 shall 
be made available for a pilot program for mailings of postal patron 
postcards by Senators for the purpose of providing notice of a town 
meeting by a Senator in a county (or equivalent unit of local 
government) at which the Senator will personally attend: Provided, That 
any amount allocated to a Senator for such mailing shall not exceed 50 
percent of the cost of the mailing and the remaining cost shall be paid 
by the Senator from other funds available to the Senator.

         senators' official personnel and office expense account

    For Senators' Official Personnel and Office Expense Account, 
$326,533,000.

                           official mail costs

    For expenses necessary for official mail costs of the Senate, 
$300,000.

                        ADMINISTRATIVE PROVISIONS

    Sec. 1. Gross <<NOTE: 2 USC 61-1.>> Rate of Compensation in Offices 
of Senators. Effective on and <<NOTE: 2 USC 61-1 note.>> after October 
1, 2004, each of the dollar amounts contained in the table under section 
105(d)(1)(A) of the Legislative Branch Appropriations Act, 1968 (2 
U.S.C. 61-1(d)(1)(A)) shall be deemed to be the dollar amounts in that 
table, as adjusted

[[Page 118 STAT. 3169]]

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

    Sec. 2. <<NOTE: 2 USC 61h-6 note.>> Consultants. With respect to 
fiscal year 2005, the first sentence of section 101(a) of the 
Supplemental Appropriations Act, 1977 (2 U.S.C. 61h-6(a)) shall be 
applied by substituting ``nine individual consultants'' for ``eight 
individual consultants''.

    Sec. 3. United States Senate Collection. Section 316 of Public Law 
101-302 (2 U.S.C. 2107) is amended in the first sentence of subsection 
(a) by striking ``2004'' and inserting ``2005''.
    Sec. 4. President Pro Tempore Emeritus of the Senate. Section 7(e) 
of the Legislative Branch Appropriations Act, 2003 (2 U.S.C. 32b note) 
is amended by inserting ``and the 109th Congress'' after ``108th 
Congress''.
    Sec. 5. <<NOTE: 2 USC 31a-2d.>> Transfer of Funds From 
Appropriations Account of the Office of the Vice President and the 
Offices of the Secretaries for the Majority and Minority to the Senate 
Contingent Fund. (a) Office of the Vice President.--
            (1) In general.--Upon the written request of the Vice 
        President, the Secretary of the Senate shall transfer from the 
        appropriations account appropriated under the subheading 
        ``office of the vice president'' under the heading ``Salaries, 
        Officers and Employees'' such amount as the Vice President shall 
        specify to the appropriations account under the heading 
        ``miscellaneous items'' within the contingent fund of the 
        Senate.
            (2) Authority to incur expenses.--The Vice President may 
        incur such expenses as may be necessary or appropriate. Expenses 
        incurred by the Vice President shall be paid from the amount 
        transferred under paragraph (1) by the Vice President and upon 
        vouchers approved by the Vice President.
            (3) Authority to advance sums.--The Secretary of the Senate 
        may advance such sums as may be necessary to defray expenses 
        incurred in carrying out paragraphs (1) and (2).

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

[[Page 118 STAT. 3170]]

    (c) Effective Date.--This section shall apply to fiscal year 2005 
and each fiscal year thereafter.
    Sec. 6. Activities Relating to Foreign Parliamentary Groups and 
Foreign Officials. Section 2(c) of chapter VIII of title I of the 
Supplemental Appropriations Act, 1987 (2 U.S.C. 65f(c)) is amended in 
the first sentence by striking ``with the approval of'' and inserting 
``and upon notification to''.
    Sec. 7. <<NOTE: 2 USC 59d-1.>> Transportation of Official Records 
and Papers to a Senator's State. (a) Payment of Reasonable 
Transportation Expenses.--Upon request of a Senator, amounts in the 
appropriation account ``Miscellaneous Items'' within the contingent fund 
of the Senate shall be available to pay the reasonable expenses of 
sending or transporting the official records and papers of the Senator 
from the District of Columbia to any location designated by such Senator 
in the State represented by the Senator.

    (b) Sending and Transportation.--The Sergeant at Arms and Doorkeeper 
of the Senate shall provide for the most economical means of sending or 
transporting the official records and papers under this section while 
ensuring the orderly and timely delivery of the records and papers to 
the location specified by the Senator.
    (c) Oversight.--The Committee on Rules and Administration shall have 
the authority to issue rules and regulations to carry out the provisions 
of this section.
    (d) Official Records Defined.--In this section, the term ``official 
records and papers'' means books, records, papers, and official files 
which could be sent as franked mail.
    (e) Effective Date.--This section shall apply with respect to fiscal 
year 2005 and each succeeding fiscal year.
    Sec. 8. <<NOTE: 2 USC 117d-1.>> Compensation for Lost or Damaged 
Property. (a) In General.--Any amounts received by the Sergeant at Arms 
and Doorkeeper of the Senate (in this section referred to as the 
``Sergeant at Arms'') for compensation for damage to, loss of, or loss 
of use of property of the Sergeant at Arms that was procured using 
amounts available to the Sergeant at Arms in the account for Contingent 
Expenses, Sergeant at Arms and Doorkeeper of the Senate, shall be 
credited to that account or, if applicable, to any subaccount of that 
account.

    (b) Availability.--Amounts credited to any account or subaccount 
under subsection (a) shall be merged with amounts in that account or 
subaccount and shall be available to the same extent, and subject to the 
same terms and conditions, as amounts in that account or subaccount.
    (c) Effective Date.--This section shall apply with respect to fiscal 
year 2005 and each fiscal year thereafter.
    Sec. 9. <<NOTE: 2 USC 88b-1.>> Age Requirement for Senate Pages. 
Section 491(b)(1) of the Legislative Reorganization Act of 1970 (2 
U.S.C. 88b-1(b)(1)) is amended by striking ``fourteen'' and inserting 
``sixteen''.

    Sec. 10. Treatment of Electronic Services Provided by Sergeant at 
Arms. The Office of the Sergeant at Arms and Doorkeeper of the United 
States Senate, and any officer, employee, or agent of the Office, shall 
not be treated as acquiring possession, custody, or control of any 
electronic mail or other electronic communication, data, or information 
by reason of its being transmitted, processed, or stored (whether 
temporarily or otherwise) through the use of an electronic system 
established, maintained, or operated, or the use of electronic services 
provided, in whole or in part by the Office.

[[Page 118 STAT. 3171]]

    Sec. 11. Modification of Application of Section 47 of the Revised 
Statutes. Section 47 of the Revised Statutes of the United States (2 
U.S.C. 48) is amended by striking ``of Senators shall be certified by 
the President of the Senate, and those of Representatives and 
Delegates'' and inserting ``of Representatives and Delegates shall be 
certified''.
    Sec. 12. <<NOTE: 2 USC 1975.>> Overseas Travel. (a) Definition.--In 
this section, the term ``United States'' means each of the several 
States of the United States, the District of Columbia, and the 
territories and possessions of the United States.

    (b) In General.--A member of the Capitol Police may travel outside 
of the United States if--
            (1) that travel is with, or in preparation for, travel of a 
        Senator, including travel of a Senator as part of a 
        congressional delegation;
            (2) the member of the Capitol Police is performing security 
        advisory and liaison functions (including advance security 
        liaison preparations) relating to the travel of that Senator; 
        and
            (3) the Sergeant at Arms and Doorkeeper of the Senate gives 
        prior approval to the travel of the member of the Capitol 
        Police.

    (c) Law Enforcement Functions.--Subsection (b) shall not be 
construed to authorize the performance of law enforcement functions by a 
member of the Capitol Police in connection with the travel authorized 
under that subsection.
    (d) Reimbursement.--The Capitol Police shall be reimbursed for the 
overtime pay, travel, and related expenses of any member of the Capitol 
Police who travels under the authority of this section. Any 
reimbursement under this subsection shall be paid from the account under 
the heading ``sergeant at arms and doorkeeper of the senate'' under the 
heading ``Contingent Expenses of the Senate''.
    (e) Amounts Received.--Any amounts received by the Capitol Police 
for reimbursements under subsection (d) shall be credited to the 
accounts established for the general expenses or salaries of the Capitol 
Police, and shall be available to carry out the purposes of such 
accounts during the fiscal year in which the amounts are received and 
the following fiscal year.
    (f) Effective Date.--This section shall apply to fiscal year 2005 
and each fiscal year thereafter.
    Sec. 13. Expense Allowances. (a) In General.--The matter under the 
subheading ``expense allowances of the vice president, president pro 
tempore, majority and minority leaders and majority and minority whips'' 
under the heading ``LEGISLATIVE BRANCH'' under chapter VI of title I of 
the Second Supplemental Appropriations Act, 1978 (Public Law 95-355; 92 
Stat. 532) is amended--
            (1) in the second sentence (2 U.S.C. 31a-1) (relating to the 
        Majority and Minority Leaders of the Senate) by striking 
        ``$20,000'' and inserting ``$40,000''; and
            (2) in the third sentence (2 U.S.C. 32b) (relating to the 
        President pro tempore) by striking ``$20,000'' and inserting 
        ``$40,000''.

    (b) President Pro Tempore Emeritus.--Section 7(d) of the Legislative 
Branch Appropriations Act, 2003 (2 U.S.C. 32b note) is amended in the 
first sentence (relating to the President pro tempore emeritus) by 
striking ``$7,500'' and inserting ``$15,000''.

[[Page 118 STAT. 3172]]

    (c) <<NOTE: 2 USC 31a-1 note.>> Effective Date.--The amendments made 
by this section shall apply to fiscal year 2005 and each fiscal year 
thereafter.

                        HOUSE OF REPRESENTATIVES

                          Salaries and Expenses

    For salaries and expenses of the House of Representatives, 
$1,048,581,000, as follows:

                        house leadership offices

    For salaries and expenses, as authorized by law, $18,678,000, 
including: Office of the Speaker, $2,708,000, including $25,000 for 
official expenses of the Speaker; Office of the Majority Floor Leader, 
$2,027,000, including $10,000 for official expenses of the Majority 
Leader; Office of the Minority Floor Leader, $2,840,000, including 
$10,000 for official expenses of the Minority Leader; Office of the 
Majority Whip, including the Chief Deputy Majority Whip, $1,741,000, 
including $5,000 for official expenses of the Majority Whip; Office of 
the Minority Whip, including the Chief Deputy Minority Whip, $1,303,000, 
including $5,000 for official expenses of the Minority Whip; Speaker's 
Office for Legislative Floor Activities, $470,000; Republican Steering 
Committee, $881,000; Republican Conference, $1,500,000; Democratic 
Steering and Policy Committee, $1,589,000; Democratic Caucus, $792,000; 
nine minority employees, $1,409,000; training and program development--
majority, $290,000; training and program development--minority, 
$290,000; Cloakroom Personnel--majority, $419,000; and Cloakroom 
Personnel--minority, $419,000.

                  Members' Representational Allowances

    Including Members' Clerk Hire, Official Expenses of Members, and 
                              Official Mail

    For Members' representational allowances, including Members' clerk 
hire, official expenses, and official mail, $521,195,000.

                           Committee Employees

                 Standing Committees, Special and Select

    For salaries and expenses of standing committees, special and 
select, authorized by House resolutions, $114,299,000: Provided, That 
such amount shall remain available for such salaries and expenses until 
December 31, 2006.

                       Committee on Appropriations

    For salaries and expenses of the Committee on Appropriations, 
$24,926,000, including studies and examinations of executive agencies 
and temporary personal services for such committee, to be expended in 
accordance with section 202(b) of the Legislative Reorganization Act of 
1946 and to be available for reimbursement to agencies for services 
performed: Provided, That such amount shall remain available for such 
salaries and expenses until December 31, 2006.

[[Page 118 STAT. 3173]]

                    Salaries, Officers and Employees

    For compensation and expenses of officers and employees, as 
authorized by law, $160,133,000, including: for salaries and expenses of 
the Office of the Clerk, including not more than $13,000, of which not 
more than $10,000 is for the Family Room, for official representation 
and reception expenses, $20,534,000; for salaries and expenses of the 
Office of the Sergeant at Arms, including the position of Superintendent 
of Garages, and including not more than $3,000 for official 
representation and reception expenses, $5,879,000; for salaries and 
expenses of the Office of the Chief Administrative Officer, 
$116,034,000, of which $7,500,000 shall remain available until expended; 
for salaries and expenses of the Office of the Inspector General, 
$3,986,000; for salaries and expenses of the Office of Emergency 
Planning, Preparedness and Operations, $1,000,000, to remain available 
until expended; for salaries and expenses of the Office of General 
Counsel, $962,000; for the Office of the Chaplain, $155,000; for 
salaries and expenses of the Office of the Parliamentarian, including 
the Parliamentarian and $2,000 for preparing the Digest of Rules, 
$1,673,000; for salaries and expenses of the Office of the Law Revision 
Counsel of the House, $2,346,000; for salaries and expenses of the 
Office of the Legislative Counsel of the House, $6,721,000; for salaries 
and expenses of the Office of Interparliamentary Affairs, $687,000; and 
for other authorized employees, $156,000.

                         Allowances and Expenses

    For allowances and expenses as authorized by House resolution or 
law, $209,350,000, including: supplies, materials, administrative costs 
and Federal tort claims, $4,350,000; official mail for committees, 
leadership offices, and administrative offices of the House, $410,000; 
Government contributions for health, retirement, Social Security, and 
other applicable employee benefits, $203,900,000; and miscellaneous 
items including purchase, exchange, maintenance, repair and operation of 
House motor vehicles, interparliamentary receptions, and gratuities to 
heirs of deceased employees of the House, $690,000.

                            Child Care Center

    For salaries and expenses of the House of Representatives Child Care 
Center, such amounts as are deposited in the account established by 
section 312(d)(1) of the Legislative Branch Appropriations Act, 1992 (2 
U.S.C. 2112), subject to the level specified in the budget of the 
Center, as submitted to the Committee on Appropriations of the House of 
Representatives.

                        Administrative Provisions

    Sec. 101. (a) Requiring Amounts Remaining in Members' 
Representational Allowances To Be Used for Deficit Reduction or To 
Reduce the Federal Debt.--Notwithstanding any other provision of law, 
any amounts appropriated under this Act for ``HOUSE OF REPRESENTATIVES--
Salaries and Expenses--Members' Representational Allowances'' shall be 
available only for fiscal year 2005. Any amount remaining after all 
payments are made under such allowances for fiscal year 2005 shall be

[[Page 118 STAT. 3174]]

deposited in the Treasury and used for deficit reduction (or, if there 
is no Federal budget deficit after all such payments have been made, for 
reducing the Federal debt, in such manner as the Secretary of the 
Treasury considers appropriate).
    (b) Regulations.--The Committee on House Administration of the House 
of Representatives shall have authority to prescribe regulations to 
carry out this section.
    (c) Definition.--As used in this section, the term ``Member of the 
House of Representatives'' means a Representative in, or a Delegate or 
Resident Commissioner to, the Congress.
    Sec. 102. <<NOTE: 2 USC 112h.>> Net Expenses of Telecommunications 
Revolving Fund. (a) There is hereby established in the Treasury of the 
United States a revolving fund for the House of Representatives to be 
known as the Net Expenses of Telecommunications Revolving Fund 
(hereafter in this section referred to as the ``Revolving Fund''), 
consisting of funds deposited by the Chief Administrative Officer of the 
House of Representatives from amounts provided by legislative branch 
offices to purchase, lease, obtain, and maintain the data and voice 
telecommunications services and equipment located in such offices.

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

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

[[Page 118 STAT. 3175]]

otherwise support the management, operation, and maintenance of the 
facility, and shall remain available until expended.
    Sec. 104. Sense of the House. It is the sense of the House of 
Representatives that Members of the House who use vehicles in traveling 
for official and representational purposes, including Members who lease 
vehicles for which the lease payments are made using funds provided 
under the Members' Representational Allowance, are encouraged to use 
hybrid electric and alternatively fueled vehicles whenever possible, as 
the use of these vehicles will help to move our Nation toward the use of 
a hydrogen fuel cell vehicle and reduce our dependence on oil.
    Sec. 105. <<NOTE: 2 USC 117m.>> (a) Establishment of House Services 
Revolving Fund.--There is hereby established in the Treasury of the 
United States a revolving fund for the House of Representatives to be 
known as the ``House Services Revolving Fund'' (hereafter in this 
section referred to as the ``Revolving Fund''), consisting of funds 
deposited by the Chief Administrative Officer of the House of 
Representatives from all amounts received by the House of 
Representatives with respect to the following activities:
            (1) The operation of the House Barber Shop.
            (2) The operation of the House Beauty Shop.
            (3) The operation of the House Restaurant System (including 
        vending operations).
            (4) The provision of mail services to entities which are not 
        part of the House of Representatives.

    (b) Use of Amounts in Fund.--Amounts in the Revolving Funds shall be 
used for any purpose designated by the Chief Administrative Officer 
which is approved by the Committee on Appropriations of the House of 
Representatives.
    (c) Transfer Authority.--The Revolving Fund shall be treated as a 
category of allowances and expenses for purposes of section 101(a) of 
the Legislative Branch Appropriations Act, 1993 (2 U.S.C. 95b(a)).
    (d) Termination and Transfer of Existing Funds and Accounts.--
            (1) In general.--Each fund and account specified in 
        paragraph (2) is hereby terminated, and the balance of each such 
        fund and account is hereby transferred to the Revolving Fund.
            (2) Funds and accounts specified.--The funds and accounts 
        referred to in paragraph (1) are as follows:
                    (A) The revolving fund for the House Barber Shop, 
                established by the paragraph under the heading ``HOUSE 
                BARBER SHOPS REVOLVING FUND'' in the matter relating to 
                the House of Representatives in chapter III of title I 
                of the Supplemental Appropriations Act, 1975 (Public Law 
                93-554; 88 Stat. 1776).
                    (B) The revolving funds for the House Beauty Shop, 
                established by the matter under the heading ``house 
                beauty shop'' in the matter relating to administrative 
                provisions for the House of Representatives in the 
                Legislative Branch Appropriations Act, 1970 (Public Law 
                91-145; 83 Stat. 347).
                    (C) The special deposit account established for the 
                House of Representatives Restaurant by section 208 of 
                the First Supplemental Civil Functions Appropriation 
                Act, 1941 (2 U.S.C. 2041 note), or any successor fund or 
                account

[[Page 118 STAT. 3176]]

                established for the receipt of revenues of the House 
                Restaurant System.

    (e) Effective Date.--This section shall take effect October 1, 2004, 
and shall apply with respect to fiscal year 2005 and each succeeding 
fiscal year.
    Sec. 106. <<NOTE: Records. 2 USC 104c.>> (a) If the Clerk of the 
House of Representatives is required under any law, rule, or regulation 
to make available for public inspection a report, statement, or other 
document filed with the Office of the Clerk, the Clerk shall preserve 
the report, statement, or document--
            (1) for a period of 6 years from the date on which the 
        document is filed; or
            (2) if the law, rule, or regulation so provides, the period 
        required under such law, rule, or regulation.

    (b) <<NOTE: Applicability.>> Subsection (a) shall apply with respect 
to reports, statements, and documents filed before, on, or after the 
date of the enactment of this Act.

    Sec. 107. (a) Permitting Organizational Caucuses and Conferences to 
be Held at Any Time.--Section 202(a)(1) of House Resolution 988, Ninety-
third Congress, agreed to on October 8, 1974, and enacted into permanent 
law by chapter III of title I of the Supplemental Appropriations Act, 
1975 (2 U.S.C. 29a(a)(1)), is amended by striking ``conference, to begin 
on or after'' all that follows through ``to be attended by all'' and 
inserting ``conference of all''.
    (b) Period of Availability of Per Diem.--
            (1) Members.--Section 202(b)(1)(B) of House Resolution 988, 
        Ninety-third Congress, agreed to on October 8, 1974, and enacted 
        into permanent law by chapter III of title I of the Supplemental 
        Appropriations Act, 1975 (2 U.S.C. 29a(b)(1)(B)), is amended by 
        striking ``for a period'' and all that follows and inserting a 
        period.
            (2) Staff.--Section 1(b) of House Resolution 10, Ninety-
        fourth Congress, agreed to on January 14, 1975, and enacted into 
        permanent law by section 201 of the Legislative Branch 
        Appropriations Act, 1976 (2 U.S.C. 43b-2(b)), is amended by 
        striking ``for a period'' and all that follows and inserting a 
        period.

    (c) Applicability of Provisions to Orientation Sessions For New 
Members.--
            (1) Members.--Section 202 of House Resolution 988, Ninety-
        third Congress, agreed to on October 8, 1974, and enacted into 
        permanent law by chapter III of title I of the Supplemental 
        Appropriations Act, 1975 (2 U.S.C. 29a), is amended by adding at 
        the end the following new subsection:

    ``(d) With the approval of the majority leader (in the case of a 
Member or Member-elect of the majority party) or the minority leader (in 
the case of a Member or Member-elect of the minority party), subsections 
(b) and (c) shall apply with respect to the attendance of a Member or 
Member-elect at a program conducted by the Committee on House 
Administration for the orientation of new members in the same manner as 
such provisions apply to the attendance of the Member or Member-elect at 
the organizational caucus or conference.''.
            (2) Staff.--Section 1 of House Resolution 10, Ninety-fourth 
        Congress, agreed to on January 14, 1975, and enacted into

[[Page 118 STAT. 3177]]

        permanent law by section 201 of the Legislative Branch 
        Appropriations Act, 1976 (2 U.S.C. 43b-2), is amended by adding 
        at the end the following new subsection:

    ``(c) <<NOTE: Applicability.>> With the approval of the majority 
leader (in the case of a Member or Member-elect of the majority party) 
or the minority leader (in the case of a Member or Member-elect of the 
minority party), subsections (a) and (b) shall apply with respect to the 
attendance of a Member or Member-elect at a program conducted by the 
Committee on House Administration for the orientation of new members in 
the same manner as such provisions apply to the attendance of the Member 
or Member-elect at the organizational caucus or conference.''.

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

    Sec. 108. <<NOTE: Regulations. 2 USC 117j-1.>> (a) Subject to the 
approval of the Committee on House Administration, the Chief 
Administrative Officer of the House of Representatives shall implement 
regulations under which the Chief Administrative Officer shall be 
authorized to handle any mail matter delivered by the United States 
Postal Service or any other carrier to the House of Representatives, or 
to any other entity with whom the Chief Administrative Officer has 
entered into an agreement to receive mail matter delivered to the 
entity, in such manner as the Chief Administrative Officer deems 
necessary to ensure the safety of any individuals who may come into 
contact with, or otherwise be exposed to, such mail matter.

    (b) No action taken under the regulations implemented pursuant to 
this section may serve as a basis for civil or criminal liability of any 
individual or entity.
    (c) As used in this section, the term ``handle'' includes but is not 
limited to collecting, isolating, testing, opening, disposing, and 
destroying.
    (d) This <<NOTE: Applicability.>> section shall apply with respect 
to fiscal year 2004 and each succeeding fiscal year.

    Sec. 109. <<NOTE: Establishment. 2 USC 74a-13.>> (a) There is 
established in the House of Representatives an office to be known as the 
Republican Policy Committee, which shall have such responsibilities as 
may be assigned by the chair of the Republican Conference.

    (b) There shall be a lump sum allowance for the salaries and 
expenses of the Republican Policy Committee, which shall be treated as a 
category of House leadership offices for purposes of section 101(c) of 
the Legislative Branch Appropriations Act, 1993 (2 U.S.C. 95b(c)).
    (c) <<NOTE: Applicability.>> This section shall apply with respect 
to fiscal year 2005 and each succeeding fiscal year.

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

                               JOINT ITEMS

    For Joint Committees, as follows:

[[Page 118 STAT. 3178]]

                        Joint Economic Committee

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

                       Joint Committee on Taxation

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

                    Office of the Attending Physician

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

            Capitol Guide Service and Special Services Office

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

                      Statements of Appropriations

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

                             CAPITOL POLICE

                                Salaries

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

[[Page 118 STAT. 3179]]

insurance, and other applicable employee benefits, $203,440,000, to be 
disbursed by the Chief of the Capitol Police or his designee.

                            General Expenses

    For necessary expenses of the Capitol Police, including motor 
vehicles, communications and other equipment, security equipment and 
installation, uniforms, weapons, supplies, materials, training, medical 
services, forensic services, stenographic services, personal and 
professional services, the employee assistance program, the awards 
program, postage, communication services, travel advances, relocation of 
instructor and liaison personnel for the Federal Law Enforcement 
Training Center, and not more than $5,000 to be expended on the 
certification of the Chief of the Capitol Police in connection with 
official representation and reception expenses, $28,888,000, to be 
disbursed by the Chief of the Capitol Police or his designee: Provided, 
That, notwithstanding any other provision of law, the cost of basic 
training for the Capitol Police at the Federal Law Enforcement Training 
Center for fiscal year 2005 shall be paid by the Secretary of Homeland 
Security from funds available to the Department of Homeland Security.

                        Administrative Provisions

                      (including transfer of funds)

    Sec. 1001. Transfer Authority. Amounts appropriated for fiscal year 
2005 for the Capitol Police may be transferred between the headings 
``salaries'' and ``general expenses'' upon the approval of the 
Committees on Appropriations of the Senate and the House of 
Representatives.
    Sec. 1002. <<NOTE: 2 USC 1901 note.>> Limitation on Certain Hiring 
Authority of Capitol Police. Section 1006(b) of the Legislative Branch 
Appropriations Act, 2004 (Public Law 108-83; 117 Stat. 1023) is 
amended--
            (1) in paragraph (3)--
                    (A) in subparagraph (B), by inserting at the end 
                ``The Chief of Police may hire individuals under this 
                subsection who are not submitted for selection under 
                this subparagraph. All hirings under this subparagraph 
                shall comply with the limitations under this paragraph 
                for any fiscal year.''; and
                    (B) in subparagraph (C), by striking ``(C) 
                Limitation.--'' and inserting ``(C) Limitation for 
                fiscal year 2004.--''; and
                    (C) by adding at the end the following:
                    ``(D) Limitation for fiscal year 2005.--During 
                fiscal year 2005, the number of individuals hired under 
                this subsection may not exceed--
                          ``(i) the number of Library of Congress Police 
                      employees who separated from service or 
                      transferred to a position other than a Library of 
                      Congress Police employee position during fiscal 
                      year 2004 for whom a corresponding hire was not 
                      made under this subsection; and
                          ``(ii) the number of Library of Congress 
                      Police employees who separate from service or 
                      transfer to a position other than a Library of 
                      Congress Police employee position during fiscal 
                      year 2005.''; and

[[Page 118 STAT. 3180]]

            (2) in paragraph (4), by striking the first sentence and 
        inserting ``Notwithstanding subsection (a)(1)(C), the Chief of 
        the Capitol Police may detail an individual hired under this 
        subsection to the Library of Congress Police on a 
        nonreimbursable basis. Any individual detailed under this 
        subsection shall receive necessary training, including training 
        by the Library of Congress Police.''.

    Sec. 1003. Authorization of Weapons. Section 1824 of the Revised 
Statutes (2 U.S.C. 1941) is amended--
            (1) in the first sentence--
                    (A) by striking ``The Sergeant at Arms of the Senate 
                and the Sergeant at Arms of the House of 
                Representatives'' and inserting ``The Capitol Police 
                Board''; and
                    (B) by striking all beginning with ``payable out'' 
                through the period and inserting ``payable from 
                appropriations to the Capitol Police upon certification 
                of payment by the Chief of the Capitol Police.''; and
            (2) in the second sentence--
                    (A) by inserting ``or other arms as authorized by 
                the Capitol Police Board'' after ``furnished''; and
                    (B) by striking ``the Sergeant at Arms of the Senate 
                and the Sergeant at Arms of the House of 
                Representatives'' and inserting ``the Capitol Police 
                Board''.

    Sec. 1004. <<NOTE: 2 USC 1921a.>> Sole and Exclusive Authority of 
Board and Chief to Determine Rates of Pay. (a) In General.--The Capitol 
Police Board and the Chief of the Capitol Police shall have the sole and 
exclusive authority to determine the rates and amounts for each of the 
following for members of the Capitol Police:
            (1) The rate of basic pay (including the rate of basic pay 
        upon appointment), premium pay, specialty assignment and 
        proficiency pay, and merit pay.
            (2) The rate of cost-of-living adjustments, comparability 
        adjustments, and locality adjustments.
            (3) The amount for recruitment and relocation bonuses.
            (4) The amount for retention allowances.
            (5) The amount for educational assistance payments.

    (b) No Review or Appeal Permitted.--The determination of a rate or 
amount described in subsection (a) may not be subject to review or 
appeal in any manner.
    (c) Rule of Construction.--Nothing in this section may be construed 
to affect--
            (1) any authority provided under law for a committee of the 
        House of Representatives or Senate, or any other entity of the 
        legislative branch, to review or approve any determination of a 
        rate or amount described in subsection (a);
            (2) any rate or amount described in subsection (a) which is 
        established under law; or
            (3) the terms of any collective bargaining agreement.

    (d) Effective Date.--This section shall apply with respect to fiscal 
year 2005 and each succeeding fiscal year.
    Sec. 1005. <<NOTE: 2 USC 1976.>> Acceptance of Donations of Animals. 
(a) In General.--The Capitol Police may accept the donation of animals 
to be used in the canine units of the Capitol Police.

    (b) Effective Date.--This section shall apply with respect to fiscal 
year 2005 and each fiscal year thereafter.
    Sec. 1006. <<NOTE: 2 USC 1977.>> Settlement and Payment of Tort 
Claims. (a) Federal Tort Claims Act.--

[[Page 118 STAT. 3181]]

            (1) In general.--Except as provided in paragraph (2), the 
        Chief of the Capitol Police, in accordance with regulations 
        prescribed by the Attorney General and any regulations as the 
        Capitol Police Board may prescribe, may consider, ascertain, 
        determine, compromise, adjust, and settle, in accordance with 
        the provisions of chapter 171 of title 28, United States Code, 
        any claim for money damages against the United States for injury 
        or loss of property or personal injury or death caused by the 
        negligent or wrongful act or omission of any employee of the 
        Capitol Police while acting within the scope of his office or 
        employment, under circumstances where the United States, if a 
        private person, would be liable to the claimant in accordance 
        with the law of the place where the act or omission occurred.
            (2) Special rule for claims made by members of congress and 
        congressional employees.--
                    (A) <<NOTE: Deadlines.>> In general.--With respect 
                to any claim described in paragraph (1) which is made by 
                a Member of Congress or any officer or employee of 
                Congress, the Chief of the Capitol Police shall--
                          (i) <<NOTE: Notification.>> not later than 14 
                      days after the receipt of such a claim, notify the 
                      Chairman of the applicable Committee of the 
                      receipt of the claim; and
                          (ii) not later than 90 days after the receipt 
                      of such a claim, submit a proposal for the 
                      resolution of such claim which shall be subject to 
                      the approval of the Chairman of the applicable 
                      Committee.
                    (B) Extension.--The 90-day period in subparagraph 
                (A)(ii) may be extended for an additional period (not to 
                exceed 90 days) for good cause by the Chairman of the 
                applicable Committee, upon the request of the Chief of 
                the Capitol Police.
                    (C) Approval consistent with federal tort claims 
                act.--Nothing in this paragraph may be construed to 
                permit the Chairman of an applicable Committee to 
                approve a proposal for the resolution of a claim 
                described in paragraph (1) which is not consistent with 
                the terms and conditions applicable under chapter 171 of 
                title 28, United States Code, to the resolution of 
                claims for money damages against the United States.
                    (D) Applicable committee defined.--In this 
                paragraph, the term ``applicable Committee'' means--
                          (i) the Committee on Rules and Administration 
                      of the Senate, in the case of a claim of a Senator 
                      or an officer or employee whose pay is disbursed 
                      by the Secretary of the Senate; or
                          (ii) the Committee on House Administration of 
                      the House of Representatives, in the case of a 
                      Member of the House of Representatives (including 
                      a Delegate or Resident Commissioner to the 
                      Congress) or an officer or employee whose pay is 
                      disbursed by the Chief Administrative Officer of 
                      the House of Representatives.
            (3) Head of agency.--For purposes of section 2672 of title 
        28, United States Code, the Chief of the Capitol Police shall be 
        the head of a Federal agency with respect to the Capitol Police.
            (4) Regulations.--The Capitol Police Board may prescribe 
        regulations to carry out this subsection.

[[Page 118 STAT. 3182]]

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

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

    (d) Effective Date.--This section shall apply to fiscal year 2005 
and each fiscal year thereafter.
    Sec. 1007. <<NOTE: 2 USC 1978.>> Deployment Outside of Jurisdiction. 
(a) Requirements For Prior Notice and Approval.--The Chief of the 
Capitol Police may not deploy any officer outside of the areas 
established by law for the jurisdiction of the Capitol Police unless--
            (1) the <<NOTE: Notification.>> Chief provides prior 
        notification to the Committees on Appropriations of the House of 
        Representatives and Senate of the costs anticipated to be 
        incurred with respect to the deployment; and
            (2) the Capitol Police Board gives prior approval to the 
        deployment.

    (b) Exception For Certain Services.--Subsection (a) does not apply 
with respect to the deployment of any officer for any of the following 
purposes:
            (1) Responding to an imminent threat or emergency.
            (2) Intelligence gathering.
            (3) Providing protective services.

    (c) Effective Date.--This section shall apply with respect to fiscal 
year 2005 and each succeeding fiscal year.
    Sec. 1008. General Counsel. The Capitol Police General Counsel, in 
the capacity as in-house counsel and in conjunction with the Capitol 
Police Employment Counsel for employment and labor law matters, shall be 
responsible for implementing and maintaining an effective legal 
compliance system with all applicable laws, under the oversight of the 
Capitol Police Board.
    Sec. 1009. <<NOTE: 2 USC 1979.>> Release of Security Information. 
(a) Definition.--In this section, the term ``security information'' 
means information that--
            (1) is sensitive with respect to the policing, protection, 
        physical security, intelligence, counterterrorism actions, or 
        emergency preparedness and response relating to Congress, any 
        statutory protectee of the Capitol Police, and the Capitol 
        buildings and grounds; and

[[Page 118 STAT. 3183]]

            (2) is obtained by, on behalf of, or concerning the Capitol 
        Police Board, the Capitol Police, or any incident command 
        relating to emergency response.

    (b) Authority of Board To Determine Conditions of Release.--
Notwithstanding any other provision of law, any security information in 
the possession of the Capitol Police may be released by the Capitol 
Police to another entity, including an individual, only if the Capitol 
Police Board determines in consultation with other appropriate law 
enforcement officials, experts in security preparedness, and appropriate 
committees of Congress, that the release of the security information 
will not compromise the security and safety of the Capitol buildings and 
grounds or any individual whose protection and safety is under the 
jurisdiction of the Capitol Police.
    (c) Rule of Construction.--Nothing in this section may be construed 
to affect the ability of the Senate and the House of Representatives 
(including any Member, officer, or committee of either House of 
Congress) to obtain information from the Capitol Police regarding the 
operations and activities of the Capitol Police that affect the Senate 
and House of Representatives.
    (d) Regulations.--The Capitol Police Board may promulgate 
regulations to carry out this section, with the approval of the 
Committee on Rules and Administration of the Senate and the Committee on 
House Administration of the House of Representatives.
    (e) Effective Date.--This section shall take effect on the date of 
enactment of this Act and apply with respect to--
            (1) any remaining portion of fiscal year 2004, if this Act 
        is enacted before October 1, 2004; and
            (2) fiscal year 2005 and each fiscal year thereafter.

                          OFFICE OF COMPLIANCE

                          Salaries and Expenses

    For salaries and expenses of the Office of Compliance, as authorized 
by section 305 of the Congressional Accountability Act of 1995 (2 U.S.C. 
1385), $2,421,000, of which $305,000 shall remain available until 
September 30, 2006: Provided, That the Executive Director of the Office 
of Compliance may, within the limits of available appropriations, 
dispose of surplus or obsolete personal property by interagency 
transfer, donation, or discarding.

                       CONGRESSIONAL BUDGET OFFICE

                          Salaries and Expenses

    For salaries and expenses necessary for operation of the 
Congressional Budget Office, including not more than $3,000 to be 
expended on the certification of the Director of the Congressional 
Budget Office in connection with official representation and reception 
expenses, $34,919,000.

[[Page 118 STAT. 3184]]

                        ARCHITECT OF THE CAPITOL

                         General Administration

    For salaries for the Architect of the Capitol, and other personal 
services, at rates of pay provided by law; for surveys and studies in 
connection with activities under the care of the Architect of the 
Capitol; for all necessary expenses for the general and administrative 
support of the operations under the Architect of the Capitol including 
the Botanic Garden; electrical substations of the Capitol, Senate and 
House office buildings, and other facilities under the jurisdiction of 
the Architect of the Capitol; including furnishings and office 
equipment; including not more than $5,000 for official reception and 
representation expenses, to be expended as the Architect of the Capitol 
may approve; for purchase or exchange, maintenance, and operation of a 
passenger motor vehicle, $80,347,000, of which $2,220,000 shall remain 
available until September 30, 2009.

                            Capitol Building

                      (including transfer of funds)

    For all necessary expenses for the maintenance, care, and operation 
of the Capitol, $28,857,000, of which not more than $10,600,000, may be 
transferred for the use of the Capitol Visitor Center project: Provided, 
That the amount so transferred shall be deposited into the account 
established for the Capitol Visitor Center project and shall be subject 
to the same terms and conditions applicable to the amounts appropriated 
for such project under the heading ``Capitol Visitor Center'' in the 
Legislative Branch Appropriations Act, 2004: Provided further, That the 
amount so transferred, together with $3,900,000 of the other amounts 
appropriated under this heading, shall remain available until expended.

                             Capitol Grounds

    For all necessary expenses for care and improvement of grounds 
surrounding the Capitol, the Senate and House office buildings, and the 
Capitol Power Plant, $6,974,000.

                         Senate Office Buildings

    For all necessary expenses for the maintenance, care and operation 
of Senate office buildings; and furniture and furnishings to be expended 
under the control and supervision of the Architect of the Capitol, 
$62,083,000, of which $9,070,000 shall remain available until September 
30, 2009.

                         House Office Buildings

    For all necessary expenses for the maintenance, care and operation 
of the House office buildings, $65,353,000, of which $27,103,000 shall 
remain available until September 30, 2009.

                           Capitol Power Plant

    For all necessary expenses for the maintenance, care and operation 
of the Capitol Power Plant; lighting, heating, power (including

[[Page 118 STAT. 3185]]

the purchase of electrical energy) and water and sewer services for the 
Capitol, Senate and House office buildings, Library of Congress 
buildings, and the grounds about the same, Botanic Garden, Senate 
garage, and air conditioning refrigeration not supplied from plants in 
any of such buildings; heating the Government Printing Office and 
Washington City Post Office, and heating and chilled water for air 
conditioning for the Supreme Court Building, the Union Station complex, 
the Thurgood Marshall Federal Judiciary Building and the Folger 
Shakespeare Library, expenses for which shall be advanced or reimbursed 
upon request of the Architect of the Capitol and amounts so received 
shall be deposited into the Treasury to the credit of this 
appropriation, $56,834,000, of which $1,000,000 shall remain available 
until September 30, 2009: Provided, That not more than $4,400,000 of the 
funds credited or to be reimbursed to this appropriation as herein 
provided shall be available for obligation during fiscal year 2005.

                      Library Buildings and Grounds

    For all necessary expenses for the mechanical and structural 
maintenance, care and operation of the Library buildings and grounds, 
$40,097,000, of which $21,506,000 shall remain available until September 
30, 2009.

                  Capitol Police Buildings and Grounds

    For all necessary expenses for the maintenance, care, and operation 
of buildings and grounds of the United States Capitol Police, 
$5,853,000, of which $500,000 shall remain available until September 30, 
2009.

                             Botanic Garden

    For all necessary expenses for the maintenance, care and operation 
of the Botanic Garden and the nurseries, buildings, grounds, and 
collections; and purchase and exchange, maintenance, repair, and 
operation of a passenger motor vehicle; all under the direction of the 
Joint Committee on the Library, $6,326,000: Provided, That this 
appropriation shall not be available for construction of the National 
Garden.

                        Administrative Provisions

    Sec. 1101. <<NOTE: 2 USC 2162 note.>> Management and Operation of 
the Capitol Power Plant. (a) Definition.--In this section, the term 
``appropriate congressional committees'' means--
            (1) the Committee on Appropriations of the Senate and the 
        House of Representatives;
            (2) the Committee on Rules and Administration of the Senate; 
        and
            (3) the House Office Building Commission.

    (b) <<NOTE: Deadline. Reports.>> Study of Contract With a Private 
Entity.--Not later than 180 days after the date of enactment of this 
Act, the Comptroller General shall conduct a study and submit to the 
appropriate congressional committees and the Architect of the Capitol a 
report that--
            (1) analyzes the costs, cost effectiveness, benefits, and 
        feasibility of the Architect of the Capitol entering into a 
        contract

[[Page 118 STAT. 3186]]

        with a private entity for the management and operation of the 
        Capitol Power Plant; and
            (2) makes a recommendation on whether the Architect of the 
        Capitol should enter into such a contract.

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

    (d) Contract.--Subject to the approval of the appropriate 
congressional committees, the Architect of the Capitol shall enter into 
a contract with a private entity for the management and operation of the 
Capitol Power Plant.
    (e) Effective Date.--This section shall apply to fiscal year 2005 
and each fiscal year thereafter.
    Sec. 1102. (a) The Comptroller General shall conduct an analysis of 
the operations of the Office of the Architect of the Capitol, and shall 
include in the analysis recommendations regarding the extent to which 
the functions and duties of the Architect of the Capitol may be carried 
out more effectively through contracts with private entities, through 
reassignment to other entities of the legislative branch, and through 
such other methods as the Comptroller General considers appropriate.
    (b) <<NOTE: Deadline. Reports.>> Not later than 1 year after the 
date of the enactment of this Act, the Comptroller General shall submit 
a report on the analysis conducted under subsection (a) to the 
Committees on Appropriations of the House of Representatives and Senate.

                           LIBRARY OF CONGRESS

                          Salaries and Expenses

    For necessary expenses of the Library of Congress not otherwise 
provided for, including development and maintenance of the Library's 
catalogs; custody and custodial care of the Library buildings; special 
clothing; cleaning, laundering and repair of uniforms; preservation of 
motion pictures in the custody of the Library; operation and maintenance 
of the American Folklife Center in the Library; preparation and 
distribution of catalog records and other publications of the Library; 
hire or purchase of one passenger motor vehicle; and expenses of the 
Library of Congress Trust Fund Board not properly chargeable to the 
income of any trust fund held by the Board, $384,671,000, of which not 
more than $6,000,000 shall be derived from collections credited to this 
appropriation during fiscal year 2005, and shall remain available until 
expended, under the Act of June 28, 1902 (chapter 1301; 32 Stat. 480; 2 
U.S.C. 150) and not more than $350,000 shall be derived from collections 
during fiscal year 2005 and shall remain available until expended for 
the development and maintenance of an international legal information 
database and activities related thereto: Provided, That the Library of 
Congress may not obligate or expend any funds derived from collections 
under the Act of June 28, 1902, in excess of the amount authorized for 
obligation or expenditure in appropriations Acts: Provided further, That 
the total amount

[[Page 118 STAT. 3187]]

available for obligation shall be reduced by the amount by which 
collections are less than the $6,350,000: Provided further, That of the 
total amount appropriated, $12,481,000 shall remain available until 
expended for the partial acquisition of books, periodicals, newspapers, 
and all other materials including subscriptions for bibliographic 
services for the Library, including $40,000 to be available solely for 
the purchase, when specifically approved by the Librarian, of special 
and unique materials for additions to the collections: Provided further, 
That of the total amount appropriated, not more than $12,000 may be 
expended, on the certification of the Librarian of Congress, in 
connection with official representation and reception expenses for the 
Overseas Field Offices: Provided further, That of the total amount 
appropriated, $2,250,000 shall remain available until expended for the 
purpose of teaching educators and librarians how to incorporate the 
Library's digital collections into school curricula and shall be 
transferred to the educational consortium formed to conduct the 
``Adventure of the American Mind'' project as approved by the Library: 
Provided further, That of the total amount appropriated, $500,000 shall 
remain available until expended, and shall be transferred to the Abraham 
Lincoln Bicentennial Commission for carrying out the purposes of Public 
Law 106-173, of which $10,000 may be used for official representation 
and reception expenses of the Abraham Lincoln Bicentennial Commission: 
Provided further, That of the total amount appropriated, $15,620,000 
shall remain available until expended for partial support of the 
National Audio-Visual Conservation Center: Provided further, That of the 
total amount appropriated, $2,795,000 shall remain available until 
expended for the development and maintenance of the Alternate Computer 
Facility: Provided further, That <<NOTE: Grants.>> of the total amount 
appropriated, $500,000 shall be used to provide a grant to the Middle 
Eastern Text Initiative for translation and publishing of middle eastern 
text: Provided further, That, of the total amount appropriated, $100,000 
shall be provided to the Association for Diplomatic Studies and Training 
to provide for the oral history of United States foreign affairs 
personnel: Provided further, That of the total amount appropriated, 
$300,000 shall be made available to initiate with the University of 
South Carolina a Cooperative Preservation and Conservation project for 
Movietone Newsreel collections.

                            Copyright Office

                          salaries and expenses

    For necessary expenses of the Copyright Office, $53,611,000, of 
which not more than $26,981,000, to remain available until expended, 
shall be derived from collections credited to this appropriation during 
fiscal year 2005 under section 708(d) of title 17, United States Code: 
Provided, That the Copyright Office may not obligate or expend any funds 
derived from collections under such section, in excess of the amount 
authorized for obligation or expenditure in appropriations Acts: 
Provided further, That not more than $6,496,000 shall be derived from 
collections during fiscal year 2005 under sections 111(d)(2), 119(b)(2), 
802(h), 1005, and 1316 of such title: Provided further, That the total 
amount available for obligation shall be reduced by the amount by which 
collections are less than $33,477,000: Provided further, That not more 
than $100,000 of the amount appropriated is available for the 
maintenance of an

[[Page 118 STAT. 3188]]

``International Copyright Institute'' in the Copyright Office of the 
Library of Congress for the purpose of training nationals of developing 
countries in intellectual property laws and policies: Provided further, 
That not more than $4,250 may be expended, on the certification of the 
Librarian of Congress, in connection with official representation and 
reception expenses for activities of the International Copyright 
Institute and for copyright delegations, visitors, and seminars.

                     Congressional Research Service

                          salaries and expenses

    For necessary expenses to carry out the provisions of section 203 of 
the Legislative Reorganization Act of 1946 (2 U.S.C. 166) and to revise 
and extend the Annotated Constitution of the United States of America, 
$96,893,000: Provided, That no part of such amount may be used to pay 
any salary or expense in connection with any publication, or preparation 
of material therefor (except the Digest of Public General Bills), to be 
issued by the Library of Congress unless such publication has obtained 
prior approval of either the Committee on House Administration of the 
House of Representatives or the Committee on Rules and Administration of 
the Senate.

             Books for the Blind and Physically Handicapped

                          salaries and expenses

    For salaries and expenses to carry out the Act of March 3, 1931 
(chapter 400; 46 Stat. 1487; 2 U.S.C. 135a), $54,412,000, of which 
$16,235,000 shall remain available until expended: Provided, That, of 
the total amount appropriated, $200,000 shall remain available until 
expended to reimburse the National Federation of the Blind for costs 
incurred in the operation of its ``NEWSLINE'' program.

                        Administrative Provisions

    Sec. 1201. Incentive Awards Program. Of the amounts appropriated to 
the Library of Congress in this Act, not more than $5,000 may be 
expended, on the certification of the Librarian of Congress, in 
connection with official representation and reception expenses for the 
incentive awards program.
    Sec. 1202. Reimbursable and Revolving Fund Activities. (a) In 
General.--For fiscal year 2005, the obligational authority of the 
Library of Congress for the activities described in subsection (b) may 
not exceed $106,985,000.
    (b) Activities.--The activities referred to in subsection (a) are 
reimbursable and revolving fund activities that are funded from sources 
other than appropriations to the Library in appropriations Acts for the 
legislative branch.
    (c) Transfer of Funds.--During fiscal year 2005, the Librarian of 
Congress may temporarily transfer funds appropriated in this Act, under 
the heading ``LIBRARY OF CONGRESS'' under the subheading ``Salaries and 
Expenses'' to the revolving fund for

[[Page 118 STAT. 3189]]

the FEDLINK Program and the Federal Research Program established under 
section 103 of the Library of Congress Fiscal Operations Improvement Act 
of 2000 (Public Law 106-481; 2 U.S.C. 182c): Provided, That the total 
amount of such transfers may not exceed $1,900,000: Provided further, 
That the appropriate revolving fund account shall reimburse the Library 
for any amounts transferred to it before the period of availability of 
the Library appropriation expires.
    Sec. 1203. National Digital Information Infrastructure and 
Preservation Program. The Miscellaneous Appropriations Act, 2001 
(enacted into law by section 1(a)(4) of Public Law 106-554, 114 Stat. 
2763A-194) is amended in the first proviso under the subheading 
``Salaries and Expenses'' under the heading ``LIBRARY OF CONGRESS'' in 
chapter 9 of division A--
            (1) by inserting ``and pledges'' after ``other than money''; 
        and
            (2) by striking ``March 31, 2005'' and inserting ``March 31, 
        2010''.

    Sec. 1204. United States Diplomatic Facilities. Funds made available 
for the Library of Congress under this Act are available for transfer to 
the Department of State as remittance for a fee charged by the 
Department for fiscal year 2005 for the maintenance, upgrade, or 
construction of United States diplomatic facilities only to the extent 
that the amount of the fee so charged is equal to or less than the 
unreimbursed value of the services provided during fiscal year 2005 to 
the Library of Congress on State Department diplomatic facilities.
    Sec. 1205. <<NOTE: 2 USC 179w note.>> National Film Preservation 
Board and National Film Preservation Foundation. (a) Effective Dates.--
Notwithstanding the effective date under section 113 of the National 
Film Preservation Act of 1996 (2 U.S.C. 179w), title I of that Act shall 
be considered to be effective through fiscal year 2005.

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

                       GOVERNMENT PRINTING OFFICE

                   Congressional Printing and Binding

                      (including transfer of funds)

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

[[Page 118 STAT. 3190]]

That notwithstanding the 2-year limitation under section 718 of title 
44, United States Code, none of the funds appropriated or made available 
under this Act or any other Act for printing and binding and related 
services provided to Congress under chapter 7 of title 44, United States 
Code, may be expended to print a document, report, or publication after 
the 27-month period beginning on the date that such document, report, or 
publication is authorized by Congress to be printed, unless Congress 
reauthorizes such printing in accordance with section 718 of title 44, 
United States Code: Provided further, That any unobligated or unexpended 
balances in this account or accounts for similar purposes for preceding 
fiscal years may be transferred to the Government Printing Office 
revolving fund for carrying out the purposes of this heading, subject to 
the approval of the Committees on Appropriations of the House of 
Representatives and Senate.

                  Office of Superintendent of Documents

                          salaries and expenses

                      (including transfer of funds)

    For expenses of the Office of Superintendent of Documents necessary 
to provide for the cataloging and indexing of Government publications 
and their distribution to the public, Members of Congress, other 
Government agencies, and designated depository and international 
exchange libraries as authorized by law, $31,953,000: Provided, That 
amounts of not more than $2,000,000 from current year appropriations are 
authorized for producing and disseminating Congressional serial sets and 
other related publications for fiscal years 2003 and 2004 to depository 
and other designated libraries: Provided further, That any unobligated 
or unexpended balances in this account or accounts for similar purposes 
for preceding fiscal years may be transferred to the Government Printing 
Office revolving fund for carrying out the purposes of this heading, 
subject to the approval of the Committees on Appropriations of the House 
of Representatives and Senate.

                Government Printing Office Revolving Fund

    The Government Printing Office may make such expenditures, within 
the limits of funds available and in accord with the law, and to make 
such contracts and commitments without regard to fiscal year limitations 
as provided by section 9104 of title 31, United States Code, as may be 
necessary in carrying out the programs and purposes set forth in the 
budget for the current fiscal year for the Government Printing Office 
revolving fund: Provided, That not more than $5,000 may be expended on 
the certification of the Public Printer in connection with official 
representation and reception expenses: Provided further, That the 
revolving fund shall be available for the hire or purchase of not more 
than 12 passenger motor vehicles: Provided further, That expenditures in 
connection with travel expenses of the advisory councils to the Public 
Printer shall be deemed necessary to carry out the provisions of title 
44, United States Code: Provided further, That the revolving fund shall 
be available for temporary or intermittent services under section 
3109(b) of title 5, United States Code, but at rates for individuals not 
more than the daily equivalent of the annual rate of basic

[[Page 118 STAT. 3191]]

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

                        Administrative Provision

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

                    GOVERNMENT ACCOUNTABILITY OFFICE

                          Salaries and Expenses

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

[[Page 118 STAT. 3192]]

appropriate share of ACIPA costs as determined by the ACIPA, including 
any expenses attributable to membership of ACIPA in the International 
Institute of Administrative Sciences.

                        Administrative Provision

    Sec. 1401. Reports to the Comptroller General. (a) Limitations on 
Expenditures, Obligations, and Voluntary Services.--Section 1351 of 
title 31, United States Code, is amended by inserting ``A copy of each 
report shall also be transmitted to the Comptroller General on the same 
date the report is transmitted to the President and Congress.'' after 
the first sentence.
    (b) Prohibited Obligations and Expenditures.--Section 1517(b) of 
title 31, United States Code, is amended by inserting ``A copy of each 
report shall also be transmitted to the Comptroller General on the same 
date the report is transmitted to the President and Congress.'' after 
the first sentence.

         PAYMENT TO THE OPEN WORLD LEADERSHIP CENTER TRUST FUND

    For a payment to the Open World Leadership Center Trust Fund for 
financing activities of the Open World Leadership Center, $13,500,000.

                        Administrative Provisions

    Sec. 1501. Expansion of Open World Leadership Countries.--Section 
313(j) of the Legislative Branch Appropriations Act, 2001 (2 U.S.C. 
1151(j)) is amended--
            (1) in paragraph (1), by striking ``and'' after the 
        semicolon;
            (2) in paragraph (2), by striking the period and inserting 
        ``; and''; and
            (3) by adding at the end the following:
            ``(3) <<NOTE: Notification. Deadline.>> any other country 
        that is designated by the Board, except that the Board shall 
        notify the Committees on Appropriations of the Senate and the 
        House of Representatives of the designation at least 90 days 
        before the designation is to take effect.''.

    Sec. 1502. Board Membership. Section 313(a)(2) of the Legislative 
Branch Appropriations Act, 2001 (2 U.S.C. 1151(a)(2)), as enacted by 
reference in section 1(a)(2) of the Consolidated Appropriations Act, 
2001, is amended--
            (1) in the matter preceding subparagraph (A), by striking 
        ``nine members'' and inserting ``11 members''; and
            (2) by inserting after subparagraph (D) the following new 
        subparagraph:
                    ``(E) The chair of the Subcommittee on Legislative 
                Branch of the Committee on Appropriations of the House 
                of Representatives and the chair of the Subcommittee on 
                Legislative Branch of the Committee on Appropriations of 
                the Senate.''.

                      TITLE II--GENERAL PROVISIONS

    Sec. 201. Maintenance and Care of Private Vehicles. No part of the 
funds appropriated in this Act shall be used for the

[[Page 118 STAT. 3193]]

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

[[Page 118 STAT. 3194]]

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

    Sec. 210. <<NOTE: 2 USC 60q.>> Voluntary Separation Incentive 
Payments. (a) Authority to Offer Payments.--Notwithstanding any other 
provision of law, the head of any office in the legislative branch may 
establish a program under which voluntary separation incentive payments 
may be offered to eligible employees of the office to encourage such 
employees to separate from service voluntarily (whether by retirement or 
resignation), in accordance with this section.

    (b) Amount and Administration of Payments.--A voluntary separation 
incentive payment made under this section--
            (1) shall be paid in a lump sum after the employee's 
        separation;
            (2) shall be equal to the lesser of--
                    (A) an amount equal to the amount the employee would 
                be entitled to receive under section 5595(c) of title 5, 
                United States Code, if the employee were entitled to 
                payment under such section (without adjustment for any 
                previous payment made); or
                    (B) an amount determined by the head of the office 
                involved, not to exceed $25,000;
            (3) may be made only in the case of an employee who 
        voluntarily separates (whether by retirement or resignation) 
        under this section;
            (4) shall not be a basis for payment, and shall not be 
        included in the computation, of any other type of Government 
        benefit;
            (5) shall not be taken into account in determining the 
        amount of any severance pay to which the employee may be 
        entitled under section 5595 of title 5, United States Code, 
        based on any other separation; and
            (6) shall be paid from appropriations or funds available for 
        the payment of the basic pay of the employee.

    (c) Plan.--
            (1) Plan required for making payments.--No voluntary 
        separation incentive payment may be paid under this section with 
        respect to an office unless the head of the office submits a 
        plan described in paragraph (2) to each applicable committee 
        described in paragraph (3), and each applicable committee 
        approves the plan.
            (2) Contents of plan.--A plan described in this paragraph 
        with respect to an office is a plan containing the following 
        information:
                    (A) The specific positions and functions to be 
                reduced or eliminated.
                    (B) A description of which categories of employees 
                will be offered incentives.
                    (C) The time period during which incentives may be 
                paid.
                    (D) The number and amounts of voluntary separation 
                incentive payments to be offered.
                    (E) A description of how the office will operate 
                without the eliminated positions and functions.
            (3) Applicable committee.--For purposes of this subsection, 
        the ``applicable committee'' with respect to an office means any 
        committee of the House of Representatives or Senate

[[Page 118 STAT. 3195]]

        with jurisdiction over the activities of the office under the 
        applicable rules of the House of Representatives and the Senate 
        (as determined by the head of the office), but does not include 
        the Committees on Appropriations of the House of Representatives 
        and the Senate.

    (d) Exclusion of Certain Offices.--This section shall not apply to 
any office which is an Executive agency under section 105 of title 5, 
United States Code, or any employee of such an office.
    (e) Eligible Employee Defined.--
            (1) In general.--In this section, an ``eligible employee'' 
        is an employee (as defined in section 2105, United States Code) 
        or a Congressional employee (as defined in section 2107, United 
        States Code) who--
                    (A) is serving under an appointment without time 
                limitation; and
                    (B) has been currently employed for a continuous 
                period of at least 3 years.
            (2) Exclusions.--An ``eligible employee'' does not include 
        any of the following:
                    (A) A reemployed annuitant under subchapter III of 
                chapter 83 or 84 of title 5, United States Code, or 
                another retirement system for employees of the 
                Government.
                    (B) An employee having a disability on the basis of 
                which such employee is or would be eligible for 
                disability retirement under subchapter III of chapter 83 
                or 84 of title 5, United States Code, or another 
                retirement system for employees of the Government.
                    (C) An employee who is in receipt of a decision 
                notice of involuntary separation for misconduct or 
                unacceptable performance.
                    (D) An employee who has previously received any 
                voluntary separation incentive payment from the Federal 
                Government under this section or any other authority.
                    (E) An employee covered by statutory reemployment 
                rights who is on transfer employment with another 
                organization.
                    (F) Any employee who--
                          (i) during the 36-month period preceding the 
                      date of separation of that employee, performed 
                      service for which a student loan repayment benefit 
                      was or is to be paid under section 5379 of title 
                      5, United States Code, or any other authority;
                          (ii) during the 24-month period preceding the 
                      date of separation of that employee, performed 
                      service for which a recruitment or relocation 
                      bonus was or is to be paid under section 5753 of 
                      such title or any other authority; or
                          (iii) during the 12-month period preceding the 
                      date of separation of that employee, performed 
                      service for which a retention bonus was or is to 
                      be paid under section 5754 of such title or any 
                      other authority.

    (f) Repayment For Individuals Returning to Government Employment.--
            (1) In general.--Subject to paragraph (2), an employee who 
        has received a voluntary separation incentive payment

[[Page 118 STAT. 3196]]

        under this section and accepts employment with the Government of 
        the United States within 5 years after the date of the 
        separation on which the payment is based shall be required to 
        repay the entire amount of the incentive payment to the office 
        that paid the incentive payment.
            (2) Waiver for individuals possessing unique abilities.--
                    (A) If the employment is with an Executive agency 
                (as defined by section 105 of title 5, United States 
                Code), the Director of the Office of Personnel 
                Management may, at the request of the head of the 
                agency, waive the repayment required under this 
                subsection if the individual involved possesses unique 
                abilities and is the only qualified applicant available 
                for the position.
                    (B) If the employment is with an entity in the 
                legislative branch, the head of the entity or the 
                appointing official may waive the repayment required 
                under this subsection if the individual involved 
                possesses unique abilities and is the only qualified 
                applicant available for the position.
                    (C) If the employment is with the judicial branch, 
                the Director of the Administrative Office of the United 
                States Courts may waive the repayment required under 
                this subsection if the individual involved possesses 
                unique abilities and is the only qualified applicant 
                available for the position.
            (3) Treatment of personal services contracts.--For purposes 
        of paragraph (1) (but not paragraph (2)), the term 
        ``employment'' includes employment under a personal services 
        contract with the United States.

    (g) Effective Date.--This section shall take effect on the date of 
the enactment of this Act, and shall apply with respect to the portion 
of fiscal year 2005 occurring on and after such date and to each 
succeeding fiscal year.
    Sec. 211. Capitol Grounds Enclosure. None of the funds contained in 
this Act may be used to study, design, plan, or otherwise further the 
construction or consideration of a fence to enclose the perimeter of the 
grounds of the United States Capitol.
    Sec. 212. Congressional Recognition for Excellence in Arts 
Education. Section 210 of the Legislative Branch Appropriations Act, 
2003 <<NOTE: 117 Stat. 383.>> is amended--
            (1) by striking the first proviso; and
            (2) by striking ``Provide further,'' and inserting 
        ``Provided,''.

    Sec. 213. <<NOTE: 40 USC 5102 note.>> Transfer of Jurisdiction Over 
Real Property Near Japanese American Patriotism Memorial. (a) Transfer 
of Jurisdiction.--
            (1) In general.--Jurisdiction over the parcels of Federal 
        real property described under paragraph (2) (over which 
        jurisdiction was transferred under section 514(b)(2)(C) of the 
        Omnibus Parks and Public Lands Management Act of 1996 (40 U.S.C. 
        5102 note; Public Law 104-333)) is transferred to the Architect 
        of the Capitol, without consideration.
            (2) Parcels.--The parcels of Federal real property referred 
        to under paragraph (1) are the following:
                    (A) That portion of New Jersey Avenue, N.W., between 
                the northernmost point of the intersection of New Jersey 
                Avenue, N.W., and D Street, N.W., and the northernmost 
                point of the intersection of New Jersey Avenue, N.W., 
                and

[[Page 118 STAT. 3197]]

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

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

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

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

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

[[Page 118 STAT. 3198]]

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

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

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

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

[[Page 118 STAT. 3199]]

     DIVISION H--TRANSPORTATION, <<NOTE: Transportation, Treasury, 
    Independent Agencies, and General Government Appropriations Act, 
     2005.>> TREASURY, INDEPENDENT AGENCIES, AND GENERAL GOVERNMENT 
APPROPRIATIONS ACT, 2005

                                 TITLE I

                      DEPARTMENT OF TRANSPORTATION

                         Office of the Secretary

                          salaries and expenses

    For necessary expenses of the Office of the Secretary, $87,234,000, 
of which not to exceed $2,220,000 shall be available for the immediate 
Office of the Secretary; not to exceed $705,000 shall be available for 
the immediate Office of the Deputy Secretary; not to exceed $15,395,000 
shall be available for the Office of the General Counsel; not to exceed 
$12,627,000 shall be available for the Office of the Under Secretary of 
Transportation for Policy; not to exceed $8,573,000 shall be available 
for the Office of the Assistant Secretary for Budget and Programs; not 
to exceed $2,316,000 shall be available for the Office of the Assistant 
Secretary for Governmental Affairs; not to exceed $23,436,000 shall be 
available for the Office of the Assistant Secretary for Administration; 
not to exceed $1,929,000 shall be available for the Office of Public 
Affairs; not to exceed $1,456,000 shall be available for the Office of 
the Executive Secretariat; not to exceed $704,000 shall be available for 
the Board of Contract Appeals; not to exceed $1,278,000 shall be 
available for the Office of Small and Disadvantaged Business 
Utilization; not to exceed $2,053,000 for the Office of Intelligence and 
Security; not to exceed $3,150,000 shall be available for the Office of 
Emergency Transportation; and not to exceed $11,392,000 shall be 
available for the Office of the Chief Information Officer: Provided, 
That the Secretary of Transportation is authorized to transfer funds 
appropriated for any office of the Office of the Secretary to any other 
office of the Office of the Secretary: Provided further, That no 
appropriation for any office shall be increased or decreased by more 
than 5 percent by all such transfers: Provided further, That any change 
in funding greater than 5 percent shall be submitted for approval to the 
House and Senate Committees on Appropriations: Provided further, That 
not to exceed $60,000 shall be for allocation within the Department for 
official reception and representation expenses as the Secretary may 
determine: Provided further, That notwithstanding any other provision of 
law, excluding fees authorized in Public Law 107-71, there may be 
credited to this appropriation up to $2,500,000 in funds received in 
user fees: Provided further, That none of the funds provided in this Act 
shall be available for the position of Assistant Secretary for Public 
Affairs.

                         office of civil rights

    For necessary expenses of the Office of Civil Rights, $8,700,000.

[[Page 118 STAT. 3200]]

                      COMPENSATION FOR AIR CARRIERS

                              (RESCISSION)

    Of the funds made available under section 101(a)(2) of Public Law 
107-42, $235,000,000 are rescinded.

           Transportation Planning, Research, and Development

    For necessary expenses for conducting transportation planning, 
research, systems development, development activities, and making 
grants, to remain available until expended, $20,000,000.

                          Working Capital Fund

    Necessary expenses for operating costs and capital outlays of the 
Working Capital Fund, not to exceed $151,054,000, shall be paid from 
appropriations made available to the Department of Transportation: 
Provided, That such services shall be provided on a competitive basis to 
entities within the Department of Transportation: Provided further, That 
the above limitation on operating expenses shall not apply to non-DOT 
entities: Provided further, That no funds appropriated in this Act to an 
agency of the Department shall be transferred to the Working Capital 
Fund without the approval of the agency modal administrator: Provided 
further, That no assessments may be levied against any program, budget 
activity, subactivity or project funded by this Act unless notice of 
such assessments and the basis therefor are presented to the House and 
Senate Committees on Appropriations and are approved by such Committees.

                Minority Business Resource Center Program

    For the cost of guaranteed loans, $500,000, as authorized by 49 
U.S.C. 332: Provided, That such costs, including the cost of modifying 
such loans, shall be as defined in section 502 of the Congressional 
Budget Act of 1974: Provided further, That these funds are available to 
subsidize total loan principal, any part of which is to be guaranteed, 
not to exceed $18,367,000. In addition, for administrative expenses to 
carry out the guaranteed loan program, $400,000.

                       Minority Business Outreach

    For necessary expenses of Minority Business Resource Center outreach 
activities, $3,000,000, to remain available until September 30, 2006: 
Provided, That notwithstanding 49 U.S.C. 332, these funds may be used 
for business opportunities related to any mode of transportation.

                        new headquarters building

    For necessary expenses of the Department of Transportation's new 
headquarters building and related services, $68,000,000, to remain 
available until expended.

[[Page 118 STAT. 3201]]

                        Payments to Air Carriers

                     (Airport and Airway Trust Fund)

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

                     Federal Aviation Administration

                               operations

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

[[Page 118 STAT. 3202]]

further, That none of the funds in this Act may be obligated or expended 
to operate a manned auxiliary flight service station in the contiguous 
United States: Provided further, That none of the funds in this Act for 
aeronautical charting and cartography are available for activities 
conducted by, or coordinated through, the Working Capital Fund: Provided 
further, That of the funds provided under this heading, $4,000,000 is 
available only for recruitment, personnel compensation and benefits, and 
related costs to raise the level of operational air traffic control 
supervisors to the level of 1,846: Provided further, That none of the 
funds in this Act may be obligated or expended for an employee of the 
Federal Aviation Administration to purchase a store gift card or gift 
certificate through use of a Government-issued credit card.

                        Facilities and Equipment

                     (airport and airway trust fund)

    For necessary expenses, not otherwise provided for, for acquisition, 
establishment, technical support services, improvement by contract or 
purchase, and hire of air navigation and experimental facilities and 
equipment, as authorized under part A of subtitle VII of title 49, 
United States Code, including initial acquisition of necessary sites by 
lease or grant; engineering and service testing, including construction 
of test facilities and acquisition of necessary sites by lease or grant; 
construction and furnishing of quarters and related accommodations for 
officers and employees of the Federal Aviation Administration stationed 
at remote localities where such accommodations are not available; and 
the purchase, lease, or transfer of aircraft from funds available under 
this heading; to be derived from the Airport and Airway Trust Fund, 
$2,540,000,000, of which $2,119,000,000 shall remain available until 
September 30, 2007, and of which $421,000,000 shall remain available 
until September 30, 2005: Provided, That there may be credited to this 
appropriation funds received from States, counties, municipalities, 
other public authorities, and private sources, for expenses incurred in 
the establishment and modernization of air navigation facilities: 
Provided further, That upon initial submission to the Congress of the 
fiscal year 2006 President's budget, the Secretary of Transportation 
shall transmit to the Congress a comprehensive capital investment plan 
for the Federal Aviation Administration which includes funding for each 
budget line item for fiscal years 2006 through 2010, with total funding 
for each year of the plan constrained to the funding targets for those 
years as estimated and approved by the Office of Management and Budget.

                 Research, Engineering, and Development

                     (airport and airway trust fund)

    For necessary expenses, not otherwise provided for, for research, 
engineering, and development, as authorized under part A of subtitle VII 
of title 49, United States Code, including construction of experimental 
facilities and acquisition of necessary sites by lease or grant, 
$130,927,000, to be derived from the Airport and Airway Trust Fund and 
to remain available until September 30, 2007: Provided, That there may 
be credited to this appropriation funds received from States, counties, 
municipalities, other public

[[Page 118 STAT. 3203]]

authorities, and private sources, for expenses incurred for research, 
engineering, and development.

                       Grants-in-Aid for Airports

                 (liquidation of contract authorization)

                       (limitation on obligations)

                     (airport and airway trust fund)

    For liquidation of obligations incurred for grants-in-aid for 
airport planning and development, and noise compatibility planning and 
programs as authorized under subchapter I of chapter 471 and subchapter 
I of chapter 475 of title 49, United States Code, and under other law 
authorizing such obligations; for procurement, installation, and 
commissioning of runway incursion prevention devices and systems at 
airports of such title; for grants authorized under section 41743 of 
title 49, United States Code; and for inspection activities and 
administration of airport safety programs, including those related to 
airport operating certificates under section 44706 of title 49, United 
States Code, $2,800,000,000 to be derived from the Airport and Airway 
Trust Fund and to remain available until expended: Provided, That none 
of the funds under this heading shall be available for the planning or 
execution of programs the obligations for which are in excess of 
$3,500,000,000 in fiscal year 2005, notwithstanding section 47117(g) of 
title 49, United States Code: Provided further, That none of the funds 
under this heading shall be available for the replacement of baggage 
conveyor systems, reconfiguration of terminal baggage areas, or other 
airport improvements that are necessary to install bulk explosive 
detection systems: Provided further, That notwithstanding any other 
provision of law, not more than $68,802,000 of funds limited under this 
heading shall be obligated for administration and not less than 
$20,000,000 shall be for the Small Community Air Service Development 
Program.

                       GRANTS-IN-AID FOR AIRPORTS

                     (AIRPORT AND AIRWAY TRUST FUND)

                 (RESCISSION OF CONTRACT AUTHORIZATION)

    Of the amount authorized for the fiscal year ending September 30, 
2004, under sections 48103 and 48112 of title 49, United States Code, 
$265,000,000 are rescinded.

           general provisions--federal aviation administration

    Sec. 101. <<NOTE: 49 USC 44502 note.>> Notwithstanding any other 
provision of law, airports may transfer without consideration to the 
Federal Aviation Administration (FAA) instrument landing systems (along 
with associated approach lighting equipment and runway visual range 
equipment) which conform to FAA design and performance specifications, 
the purchase of which was assisted by a Federal airport-aid program, 
airport development aid program or airport improvement program grant: 
Provided, That, the Federal Aviation Administration shall accept such 
equipment, which shall thereafter be operated and maintained by FAA in 
accordance with agency criteria.

[[Page 118 STAT. 3204]]

    Sec. 102. None of the funds in this Act may be used to compensate in 
excess of 375 technical staff-years under the federally funded research 
and development center contract between the Federal Aviation 
Administration and the Center for Advanced Aviation Systems Development 
during fiscal year 2005.
    Sec. 103. None of the funds made available in this Act may be used 
for engineering work related to an additional runway at Louis Armstrong 
New Orleans International Airport.
    Sec. 104. None of the funds in this Act shall be used to pursue or 
adopt guidelines or regulations requiring airport sponsors to provide to 
the Federal Aviation Administration without cost building construction, 
maintenance, utilities and expenses, or space in airport sponsor-owned 
buildings for services relating to air traffic control, air navigation, 
or weather reporting: Provided, That the prohibition of funds in this 
section does not apply to negotiations between the agency and airport 
sponsors to achieve agreement on ``below-market'' rates for these items 
or to grant assurances that require airport sponsors to provide land 
without cost to the FAA for air traffic control facilities.
    Sec. 105. None of the funds appropriated or limited by this Act may 
be used to change weight restrictions or prior permission rules at 
Teterboro Airport in Teterboro, New Jersey.
    Sec. 106. (a) Section 44302(f)(1) of title 49, United States Code, 
is amended by striking ``2004,'' each place it appears and inserting 
``2005,''.
            (b) Section 44303(b) of such title is amended by striking 
        ``2004,'' and inserting ``2005,''.

    Sec. 107. <<NOTE: Grants. Airports.>> Notwithstanding any provision 
of law, the Secretary of Transportation is authorized and directed to 
make project grants under chapter 471 of title 49, United States Code, 
from funds available under 49 U.S.C. 48103, for the cost of acquisition 
of land, or reimbursement of the cost of land if purchased prior to 
enactment of this provision and prior to a grant agreement, for non-
exclusive use aeronautical purposes on an airport layout plan that has 
been approved by the Secretary on January 23, 2004, pursuant to section 
49 U.S.C. 47107(a)(16), for any small hub airport as defined in 49 
U.S.C. 47102, and had scheduled or chartered direct international 
flights totaling at least 200 million pounds gross aircraft landed 
weight for calendar year 2002.

                     Federal Highway Administration

                  limitation on administrative expenses

    Necessary expenses for administration and operation of the Federal 
Highway Administration, not to exceed $346,500,000, shall be paid in 
accordance with law from appropriations made available by this Act to 
the Federal Highway Administration together with advances and 
reimbursements received by the Federal Highway Administration.

                          Federal-Aid Highways

                       (limitation on obligations)

                          (highway trust fund)

    None <<NOTE: 23 USC 104 note.>> of the funds in this Act shall be 
available for the implementation or execution of programs, the 
obligations for which

[[Page 118 STAT. 3205]]

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

[[Page 118 STAT. 3206]]

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

[[Page 118 STAT. 3207]]

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

[[Page 118 STAT. 3208]]

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

                          Federal-Aid Highways

                 (liquidation of contract authorization)

                          (highway trust fund)

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

                          federal-aid highways

                          (highway trust fund)

                              (rescission)

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

[[Page 118 STAT. 3209]]

                          FEDERAL-AID HIGHWAYS

                        EMERGENCY RELIEF PROGRAM

                          (including recission)

                          (highway trust fund)

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

                 Appalachian Development Highway System

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

           General Provisions--Federal Highway Administration

    Sec. 110. (a) <<NOTE: 23 USC 104 note.>> For fiscal year 2005, the 
Secretary of Transportation shall--
            (1) not distribute from the obligation limitation for 
        Federal-aid highways amounts authorized for administrative 
        expenses and programs funded from the administrative takedown 
        authorized by section 104(a)(1)(A) of title 23, United States 
        Code, for the highway use tax evasion program, for the Bureau of 
        Transportation Statistics, and for the programs, projects, and 
        activities funded from the takedown authorized by section 117 of 
        this Act;
            (2) not distribute an amount from the obligation limitation 
        for Federal-aid highways that is equal to the unobligated 
        balance of amounts made available from the Highway Trust Fund 
        (other than the Mass Transit Account) for Federal-aid highways 
        and highway safety programs for the prior fiscal years the funds 
        for which are allocated by the Secretary;
            (3) determine the ratio that--
                    (A) the obligation limitation for Federal-aid 
                Highways less the aggregate of amounts not distributed 
                under paragraphs (1) and (2), bears to
                    (B) the total of the sums authorized to be 
                appropriated for Federal-aid highways and highway safety 
                construction programs (other than sums authorized to be 
                appropriated for sections set forth in paragraphs (1) 
                through (7) of subsection (b) and sums authorized to be 
                appropriated for section 105 of title 23, United States 
                Code, equal to the amount referred to in subsection 
                (b)(8)) for such fiscal year less the aggregate of the 
                amounts not distributed under paragraph (1) of this 
                subsection;

[[Page 118 STAT. 3210]]

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

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

[[Page 118 STAT. 3211]]

for such fiscal year revise a distribution of the obligation limitation 
made available under subsection (a) if a State will not obligate the 
amount distributed during that fiscal year and redistribute sufficient 
amounts to those States able to obligate amounts in addition to those 
previously distributed during that fiscal year giving priority to those 
States having large unobligated balances of funds apportioned under 
sections 104 and 144 of title 23, United States Code, section 160 (as in 
effect on the day before the enactment of the Transportation Equity Act 
for the 21st Century) of title 23, United States Code, and under section 
1015 of the Intermodal Surface Transportation Efficiency Act of 1991.
    (d) Applicability of Obligation Limitations to Transportation 
Research Programs.--The obligation limitation shall apply to 
transportation research programs carried out under chapter 5 of title 
23, United States Code, except that obligation authority made available 
for such programs under such limitation shall remain available for a 
period of 3 fiscal years.
    (e) Redistribution <<NOTE: Deadline.>> of Certain Authorized 
Funds.--Not later than 30 days after the date of the distribution of 
obligation limitation under subsection (a), the Secretary shall 
distribute to the States any funds: (1) that are authorized to be 
appropriated for such fiscal year for Federal-aid highways programs 
(other than the program under section 160 of title 23, United States 
Code) and for carrying out subchapter I of chapter 311 of title 49, 
United States Code, and highway-related programs under chapter 4 of 
title 23, United States Code; and (2) that the Secretary determines will 
not be allocated to the States, and will not be available for 
obligation, in such fiscal year due to the imposition of any obligation 
limitation for such fiscal year. Such distribution to the States shall 
be made in the same ratio as the distribution of obligation authority 
under subsection (a)(6). The funds so distributed shall be available for 
any purposes described in section 133(b) of title 23, United States 
Code.

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

[[Page 118 STAT. 3212]]

    (b) Of the $6,000,000 portion of the funds appropriated under the 
heading ``Highway Demonstration Projects'' in title I of Public Law 102-
143 (105 Stat. 929) that was allocated for Routes 70/38 Circle 
Elimination, New Jersey, $4,500,000 shall be transferred to, and made 
available for, the following projects in the specified amounts: Mantua 
Creek Overpass in Paulsboro, New Jersey, $2,000,000; Delsea Drive Route 
47 Timber Creek in Westville, New Jersey, $787,000; Camden Waterfront 
Parking Garage in Camden, New Jersey, $1,213,000; and Route 47 Chapel 
Heights Avenue in Gloucester, New Jersey, $500,000.
    (c) Of the amount made available under item number 89 of the table 
contained in section 1107(b) of the Intermodal Surface Transportation 
Efficiency Act of 1991 (105 Stat. 2052), $3,300,000 shall be used to 
carry out a comprehensive regional transportation study on the 
multimodal transportation needs in Grand Traverse County, Michigan, and 
to implement recommendations resulting from the study.
    (d) Of the funds provided for under ``Transportation and Community 
and System Preservation Program'' in Public Law 106-69 and Public Law 
106-346 for the project known as ``Utah-Colorado `Isolated Empire' Rail 
Connector Study'' as referenced in House Report 106-355 and House Report 
106-940, any remaining unobligated balance as of October 1, 2004, shall 
be made available to the Central Utah Rail Line (Sigurd/Salina to Levan) 
Project.
    (e) Section 378 of the Department of Transportation and Related 
Agencies Appropriations Act, 2001 (114 Stat. 1356A-38) is amended by 
striking ``an extension of Highway 180 from the City of Mendota'' and 
inserting ``an extension of Highway 180 from the City of Fresno''.
    Sec. 114. None of the funds made available in this Act may be used 
to require a State or local government to post a traffic control device 
or variable message sign, or any other type of traffic warning sign, in 
a language other than English, except with respect to the names of 
cities, streets, places, events, or signs related to an international 
border.
    Sec. 115. Division F, title I, section 115 of Public Law 108-199 is 
amended <<NOTE: Ante, p. 294.>> by inserting before the period at the 
end the following: ``: Provided further, That notwithstanding any other 
provision of law and the preceding clauses of this provision, the 
Secretary of Transportation may use amounts made available by this 
section to make grants for any surface transportation project otherwise 
eligible for funding under title 23 or title 49, United States Code''.

    Sec. 116. Of the funds available under section 104(a)(1)(A) of title 
23, United States Code, $5,000,000 shall be available for environmental 
streamlining activities, which may include making grants to, or entering 
into contracts, cooperative agreements, and other transactions, with a 
Federal agency, State agency, local agency, authority, association, non-
profit or for-profit corporation, or institution of higher education.
    Sec. 117. Notwithstanding any other provision of law, whenever an 
allocation is made of the sums authorized to be appropriated for 
expenditure on the Federal lands highway program, and whenever an 
apportionment is made of the sums authorized to be appropriated for the 
surface transportation program, the congestion mitigation and air 
quality improvement program, the National Highway System, the Interstate 
maintenance program, the bridge program, the Appalachian development 
highway system, and the minimum

[[Page 118 STAT. 3213]]

guarantee program, the Secretary of Transportation shall deduct a sum in 
such amount not to exceed 4.1 percent of all sums so authorized: 
Provided, That of the amount so deducted in accordance with this 
section, $25,000,000 shall be made available to make grants to support 
planning, highway corridor development, and highway construction 
projects in the area that comprises the Delta Regional Authority; and 
$1,211,360,000 shall be made available for surface transportation 
projects as identified under this section in the statement of the 
managers accompanying this Act: Provided further, That notwithstanding 
any other provision of law and the preceding clauses of this provision, 
the Secretary of Transportation may use amounts made available by this 
section to make grants for any surface transportation project otherwise 
eligible for funding under title 23 or, title 49, United States Code: 
Provided further, That funds made available under this section, at the 
request of a State, shall be transferred by the Secretary to another 
Federal agency: Provided further, That the Federal share payable on 
account of any program, project, or activity carried out with funds made 
available under this section shall be 100 percent: Provided further, 
That the sum deducted in accordance with this section shall remain 
available until expended: Provided further, That all funds made 
available under this section shall be subject to any limitation on 
obligations for Federal-aid highways and highway safety construction 
programs set forth in this Act or any other Act: Provided further, That 
the obligation limitation made available for the programs, projects, and 
activities for which funds are made available under this section shall 
remain available until used and shall be in addition to the amount of 
any limitation imposed on obligations for Federal-aid highway and 
highway safety construction programs for future fiscal years.
    Sec. 118. <<NOTE: Rescission.>> Of the funds made available under 
section 188(a)(1) of title 23, United States Code, $100,000,000 are 
rescinded.

    Sec. 119. For the purposes of 23 U.S.C. 181(9)(D) the project 
described in section 626 of division B, title VI of Public Law 108-7 is 
eligible as a publicly owned intermodal surface freight transfer 
facility.
    Sec. 120. <<NOTE: Deadline.>> Notwithstanding any other provision of 
law, the Department of Transportation shall complete approval of the 
proposed surety substitution for one-half of the bond debt service 
reserve amount for the RETRAC project within 30 days after receiving 
from RETRAC a binding commitment from a qualified provider to deliver a 
surety at an acceptable price. Such bond debt service funds so released 
shall be deposited into the RETRAC project contingency fund for payment 
of RETRAC project costs in the event current project cost projections 
are exceeded.

    Sec. 121. Designation of Mike O'Callaghan-Pat Tillman Memorial 
Bridge. (a) In General.--The Hoover Dam Bypass Bridge in the Lake Mead 
National Recreation Area between Nevada and Arizona is designated as the 
``Mike O'Callaghan-Pat Tillman Memorial Bridge''.
    (b) References in Law.--Any reference in a law (including 
regulations), map, document, paper, or other record of the United States 
to the bridge described in subsection (a) shall be considered to be a 
reference to the Mike O'Callaghan-Pat Tillman Memorial Bridge.
    Sec. 122. Bypass Bridge at Hoover Dam. (a) In General.--Subject to 
subsection (b), the Secretary of Transportation may

[[Page 118 STAT. 3214]]

expend from any funds appropriated for expenditure in accordance with 
title 23, United States Code, for payment of debt service by the States 
of Arizona and Nevada on notes issued for the bypass bridge project at 
Hoover Dam, pending appropriation or replenishment for that project.
    (b) Reimbursement.--Funds expended under subsection (a) shall be 
reimbursed from the funds made available to the States of Arizona and 
Nevada for payment of debt service on notes issued for the bypass bridge 
project at Hoover Dam.
    Sec. 123. None of the funds made available in this Act shall be 
available for the development or dissemination by the Federal Highway 
Administration of any version of a programmatic agreement which regards 
the Dwight D. Eisenhower National System of Interstate and Defense 
Highways as eligible for inclusion on the National Register of Historic 
Places.
    Sec. 124. <<NOTE: Rescission.>> Of the unobligated balances made 
available under Public Law 100-17, Public Law 100-457, Public Law 101-
516, Public Law 102-143, Public Law 102-240, Public Law 102-388, Public 
Law 103-331, Public Law 105-178, and Public Law 106-346, $16,407,908.88 
are rescinded.

    Sec. 125. <<NOTE: Grants.>> Notwithstanding any other provision of 
law, projects and activities described in the statement of managers 
accompanying this Act under the headings ``Federal-Aid Highways'' and 
``Federal Transit Administration'' shall be eligible for fiscal year 
2005 funds made available for the project for which each project or 
activity is so designated and projects and activities under the heading 
``Job Access and Reverse Commute Grants'' shall be awarded those grants 
upon receipt of an application: Provided, That the Federal share payable 
on account of any such projects and activities subject to this section 
shall be the same as the share required by the Federal program under 
which each project or activity is designated unless otherwise provided 
in this Act.

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

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

[[Page 118 STAT. 3215]]

               Federal Motor Carrier Safety Administration

                          motor carrier safety

                  limitation on administrative expenses

                 (liquidation of contract authorization)

                          (highway trust fund)

                      (including transfer of funds)

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

                  national motor carrier safety program

                 (liquidation of contract authorization)

                       (limitation on obligations)

                          (highway trust fund)

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

[[Page 118 STAT. 3216]]

or other entities for commercial driver's license program improvements: 
Provided further, That for grants made to States for implementation of 
section 210 of the Motor Carrier Safety Improvement Act of 1999 (113 
Stat. 1764-1765), and for grants to States, local governments, or other 
entities for commercial driver's license program improvements, the 
Federal share payable under such grants shall be 100 percent.

     General Provisions--Federal Motor Carrier Safety Administration

    Sec. 130. <<NOTE: Reports.>> Funds appropriated or limited in this 
Act shall be subject to the terms and conditions stipulated in section 
350 of Public Law 107-87, including that the Secretary submit a report 
to the House and Senate Appropriations Committees annually on the safety 
and security of transportation into the United States by Mexico-
domiciled motor carriers.

    Sec. 131. None of the funds appropriated or otherwise made available 
by this Act may be used before December 31, 2005 to implement or enforce 
any provisions of the Final Rule, issued on April 16, 2003 (Docket No. 
FMCSA-97-2350), with respect to either of the following:
            (1) The operators of utility service vehicles, as that term 
        is defined in section 395.2 of title 49, Code of Federal 
        Regulations.
            (2) Maximum daily hours of service for drivers engaged in 
        the transportation of property or passengers to or from a motion 
        picture or television production site located within a 100-air 
        mile radius of the work reporting location of such drivers.

    Sec. 132. None of the funds made available under this Act may be 
used to issue or implement the Department of Transportation's proposed 
regulation entitled Parts and Accessories Necessary for Safe Operation; 
Certification of Compliance With Federal Motor Vehicle Safety Standards 
(FMVSSs), published in the Federal Register, volume 67, number 53, on 
March 19, 2002, relating to a phase-in period to bring vehicles into 
compliance with the requirements of the regulation.

             National Highway Traffic Safety Administration

                         Operations and Research

                          (highway trust fund)

    For expenses necessary to discharge the functions of the Secretary, 
with respect to traffic and highway safety under chapter 301 of title 
49, United States Code, and part C of subtitle VI of title 49, United 
States Code, $157,386,000, to be derived from the sum authorized to be 
deducted under section 117 of this Act and transferred to the National 
Highway Traffic Safety Administration, to remain available until 
expended: Provided, That such funds shall be transferred to and 
administered by the National Highway Traffic Safety Administration: 
Provided further, That none of the funds in this Act may be used to 
augment information technology or computer support funds provided to 
NHTSA in excess of $2,900,000: Provided further, That none of the funds 
appropriated by this Act may be obligated or expended to plan, finalize, 
or

[[Page 118 STAT. 3217]]

implement any rulemaking to add to section 575.104 of title 49 of the 
Code of Federal Regulations any requirement pertaining to a grading 
standard that is different from the three grading standards (treadwear, 
traction, and temperature resistance) already in effect: Provided 
further, That all funds made available under this heading shall be 
subject to any limitation on obligations for Federal-aid highways and 
highway safety construction programs set forth in this Act or any other 
Act: Provided further, That the obligation limitation made available for 
the programs, projects, and activities for which funds are made 
available under this heading shall remain available until used and shall 
be in addition to the amount of any limitation imposed on obligations 
for Federal-aid highway and highway safety construction programs for 
future fiscal years.

                         Operations and Research

                 (liquidation of contract authorization)

                       (limitation on obligations)

                          (highway trust fund)

    Notwithstanding any other provision of law, for payment of 
obligations incurred in carrying out the provisions of 23 U.S.C. 403, to 
remain available until expended, $72,000,000, to be derived from the 
Highway Trust Fund: Provided, That none of the funds in this Act shall 
be available for the planning or execution of programs the total 
obligations for which, in fiscal year 2005, are in excess of $72,000,000 
for programs authorized under 23 U.S.C. 403.

                        National Driver Register

                 (liquidation of contract authorization)

                       (limitation on obligations)

                          (highway trust fund)

    For payment of obligations incurred in carrying out chapter 303 of 
title 49, United States Code, $3,600,000, to be derived from the Highway 
Trust Fund: Provided, That none of the funds in this Act shall be 
available for the implementation or execution of programs the 
obligations for which are in excess of $3,600,000 for the National 
Driver Register authorized under chapter 303 of title 49, United States 
Code.

                      Highway Traffic Safety Grants

                 (liquidation of contract authorization)

                       (limitation on obligations)

                          (highway trust fund)

    Notwithstanding any other provision of law, for payment of 
obligations incurred in carrying out the provisions of 23 U.S.C. 402, 
405, and 410, to remain available until expended, $225,000,000, to be 
derived from the Highway Trust Fund: Provided, That none

[[Page 118 STAT. 3218]]

of the funds in this Act shall be available for the planning or 
execution of programs the total obligations for which, in fiscal year 
2005, are in excess of $225,000,000 for programs authorized under 23 
U.S.C. 402, 405, and 410, of which $165,000,000 shall be for ``Highway 
Safety Programs'' under 23 U.S.C. 402, $20,000,000 shall be for 
``Occupant Protection Incentive Grants'' under 23 U.S.C. 405, and 
$40,000,000 shall be for ``Alcohol-Impaired Driving Countermeasures 
Grants'' under 23 U.S.C. 410: Provided further, That none of these funds 
shall be used for construction, rehabilitation, or remodeling costs, or 
for office furnishings and fixtures for State, local, or private 
buildings or structures: Provided further, That not to exceed 
$10,000,000 of the funds made available for section 402, not to exceed 
$2,306,000 of the funds made available for section 405, and not to 
exceed $2,000,000 of the funds made available for section 410 shall be 
available to NHTSA for administering highway safety grants under chapter 
4 of title 23, United States Code: Provided further, That not to exceed 
$1,000,000 of the funds subject to allocation under section 157 of title 
23, United States Code, and not to exceed $1,000,000 of the funds 
subject to apportionment under section 163 of that title, shall be 
available to the National Highway Traffic Safety Administration for 
administering highway safety grants under those sections: Provided 
further, That not to exceed $500,000 of the funds made available for 
section 410 ``Alcohol-Impaired Driving Countermeasures Grants'' shall be 
available for technical assistance to the States.

   General Provisions--National Highway Traffic Safety Administration

    Sec. 140. Notwithstanding any other provision of law, States may use 
funds provided in this Act under section 402 of title 23, United States 
Code, to produce and place highway safety public service messages in 
television, radio, cinema, and print media, and on the Internet in 
accordance with guidance issued by the Secretary of Transportation: 
Provided, <<NOTE: Reports.>> That any State that uses funds for such 
public service messages shall submit to the Secretary a report 
describing and assessing the effectiveness of the messages: Provided 
further, That $10,000,000 of the funds allocated under section 157 of 
title 23, United States Code, shall be used as directed by the National 
Highway Traffic Safety Administrator to purchase national paid 
advertising (including production and placement) to support national 
safety belt mobilizations: Provided further, That, of the funds 
allocated under section 163 of title 23, United States Code, $6,000,000 
shall be used as directed by the Administrator to support national 
impaired driving mobilizations and enforcement efforts, $14,000,000 
shall be used as directed by the Administrator to purchase national paid 
advertising (including production and placement) to support such 
national impaired driving mobilizations and enforcement efforts.

    Sec. 141. Notwithstanding any other provision of law, funds 
appropriated or limited in the Act to educate the motoring public on how 
to share the road safely with commercial motor vehicles shall be 
administered by the National Highway Traffic Safety Administration and 
shall not be used by or made available to any other Federal agency.
    Sec. 142. Notwithstanding any other provision of law, for fiscal 
year 2005 the Secretary of Transportation is authorized to use amounts 
made available to carry out section 157 of title 23, United

[[Page 118 STAT. 3219]]

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

                     Federal Railroad Administration

                          Safety and Operations

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

                    Railroad Research and Development

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

             railroad rehabilitation and improvement program

    The Secretary of Transportation is authorized to issue to the 
Secretary of the Treasury notes or other obligations pursuant to section 
512 of the Railroad Revitalization and Regulatory Reform Act of 1976 
(Public Law 94-210), as amended, in such amounts and at such times as 
may be necessary to pay any amounts required pursuant to the guarantee 
of the principal amount of obligations under sections 511 through 513 of 
such Act, such authority to exist as long as any such guaranteed 
obligation is outstanding: Provided, That pursuant to section 502 of 
such Act, as amended, no new direct loans or loan guarantee commitments 
shall be made using Federal funds for the credit risk premium during 
fiscal year 2005: Provided further, That the Secretary of Transportation 
and the National Railroad Passenger Corporation shall reach agreement on 
a schedule for the repayment of all principal and interest on their June 
28, 2002 direct loan agreement that provides for repayment in five equal 
annual installments over a 5-year period beginning in fiscal year 2005: 
Provided further, <<NOTE: Deadline.>> That each annual installment 
payment shall be made no later than thirty days after the enactment of 
the Departments of Transportation and Treasury, Independent Agencies, 
and General Government Appropriations Act for the fiscal year: Provided 
further, That in the event the Secretary and the National Railroad 
Passenger Corporation are unable to agree on the terms and conditions of 
such revised repayment schedule within sixty days after the enactment of 
this Act, then all principal and interest shall come due as provided for 
under the existing terms of the June 28, 2002 direct loan agreement.

                     next generation high-speed rail

    For necessary expenses for the Next Generation High-Speed Rail 
program as authorized under 49 U.S.C. 26101 and 26102, $19,650,000, to 
remain available until expended.

                     Alaska Railroad Rehabilitation

    To enable the Secretary of Transportation to make grants to the 
Alaska Railroad, $25,000,000, for capital rehabilitation and 
improvements benefiting its passenger operations, to remain available 
until expended.

[[Page 118 STAT. 3220]]

          grants to the national railroad passenger corporation

    To enable the Secretary of Transportation to make quarterly grants 
to the National Railroad Passenger Corporation, $1,217,000,000, to 
remain available until September 30, 2005: Provided, That not less than 
$500,000,000 shall be provided in quarterly grants for capital expenses: 
Provided further, That the Secretary of Transportation shall approve 
funding to cover operating losses and capital expenditures, including 
advance purchase orders, for the National Railroad Passenger Corporation 
only after receiving and reviewing a grant request for each specific 
train route: Provided further, That each such grant request shall be 
accompanied by a detailed financial analysis, revenue projection, and 
capital expenditure projection justifying the Federal support to the 
Secretary's satisfaction: Provided further, That the Secretary of 
Transportation shall reserve $60,000,000 of the funds provided under 
this heading and is authorized to transfer such sums to the Surface 
Transportation Board, upon request from said Board, to carry out 
directed service orders issued pursuant to section 11123 of title 49, 
United States Code, to respond to the cessation of commuter rail 
operations by the National Railroad Passenger Corporation: Provided 
further, That the Secretary of Transportation shall make the reserved 
funds available to the National Railroad Passenger Corporation through 
an appropriate grant instrument during the end of the fourth quarter of 
fiscal year 2005 to the extent that no directed service orders have been 
issued by the Surface Transportation Board as of the date of transfer or 
there is a balance of reserved funds not needed by the Board to pay for 
any directed service order issued through September 30, 2005: Provided 
further, <<NOTE: Deadline.>> That not later than 60 days after enactment 
of this Act, Amtrak shall transmit, in electronic format, to the 
Secretary of Transportation, the House and Senate Committees on 
Appropriations, the House Committee on Transportation and Infrastructure 
and the Senate Committee on Commerce, Science, and Transportation a 
comprehensive business plan approved by the Board of Directors for 
fiscal year 2005 under section 24104(a) of title 49, United States Code: 
Provided further, That the business plan shall include, as applicable, 
targets for ridership, revenues, and capital and operating expenses: 
Provided further, That the plan shall also include a separate accounting 
of such targets for the Northeast Corridor; commuter service; long-
distance Amtrak service; State-supported service; each intercity train 
route; including Autotrain; and commercial activities including contract 
operations and mail and express: Provided further, That the business 
plan shall include a description of the work to be funded, along with 
cost estimates and an estimated timetable for completion of the projects 
covered by this business plan: Provided 
further, <<NOTE: Deadline. Reports.>> That not later than December 1, 
2004 and no later than 30 days following the last business day of the 
previous month thereafter, Amtrak shall submit to the Secretary of 
Transportation and the House and Senate Committees on Appropriations a 
supplemental report, in electronic format, regarding the pending 
business plan, which shall describe the work completed to date, any 
changes to the business plan, and the reasons for such changes: Provided 
further, That none of the funds in this Act may be used for operating 
expenses, including advance purchase orders, and capital projects not 
approved by the Secretary of Transportation nor on the National

[[Page 118 STAT. 3221]]

Railroad Passenger Corporation's fiscal year 2005 business plan: 
Provided further, <<NOTE: Public information.>> That Amtrak shall 
display the business plan and all subsequent supplemental plans on the 
Corporation's website within a reasonable timeframe following their 
submission to the appropriate entities: Provided further, That none of 
the funds under this heading may be obligated or expended until the 
National Railroad Passenger Corporation agrees to continue abiding by 
the provisions of paragraphs 1, 2, 3, 5, 9, and 11 of the summary of 
conditions for the direct loan agreement of June 28, 2002, in the same 
manner as in effect on the date of enactment of this Act: Provided 
further, <<NOTE: Deadline. 49 USC 24315 note.>> That the Secretary of 
Transportation is authorized to retain up to $4,000,000 of the funds 
provided to be used to retain a consultant or consultants to assist the 
Secretary in preparing a comprehensive valuation of Amtrak's assets to 
be completed not later than September 30, 2005: Provided further, That 
these funds shall be available to the Secretary of Transportation until 
expended: Provided further, That this valuation shall to be used to 
retain a consultant or consultants to develop to the Secretary's 
satisfaction a methodology for determining the avoidable and fully 
allocated costs of each <<NOTE: Reports. Deadlines.>> Amtrak route: 
Provided further, That once the Secretary has approved the methodology 
for determining the avoidable and fully allocated costs of each Amtrak 
route, Amtrak shall apply that methodology in compiling an annual report 
to Congress on the avoidable and fully allocated costs of each of its 
routes, with the initial report for fiscal year 2005 to be submitted to 
the House and Senate Committees on Appropriations, the House Committee 
on Transportation and Infrastructure, and the Senate Committee on 
Commerce, Science, and Transportation before December 31, 2005, and each 
subsequent report to be submitted within 90 days after the end of the 
fiscal year to which the report pertains.

           General Provisions--Federal Railroad Administration

    Sec. 150. <<NOTE: Procedures. 49 USC 24101 note.>> For the purpose 
of assisting State-supported intercity rail service, in order to 
demonstrate whether competition will provide higher quality rail 
passenger service at reasonable prices, the Secretary of Transportation, 
working with affected States, shall develop and implement a procedure 
for fair competitive bidding by Amtrak and non-Amtrak operators for 
State-supported routes: Provided, That in the event a State desires to 
select or selects a non-Amtrak operator for the route, the State may 
make an agreement with Amtrak to use facilities and equipment of, or 
have services provided by, Amtrak under terms agreed to by the State and 
Amtrak to enable the non-Amtrak operator to provide the State-supported 
service: Provided further, That if the parties cannot agree on terms, 
the Secretary shall, as a condition of receipt of Federal grant funds, 
order that the facilities and equipment be made available and the 
services be provided by Amtrak under reasonable terms and compensation: 
Provided further, That when prescribing reasonable compensation to 
Amtrak, the Secretary shall consider quality of service as a major 
factor when determining whether, and the extent to which, the amount of 
compensation shall be greater than the incremental costs of using the 
facilities and providing the services: Provided further, That the 
Secretary may reprogram up to $2,500,000 from the Amtrak operating grant 
funds for costs associated with the implementation of the fair bid 
procedure and demonstration of competition under this section.

[[Page 118 STAT. 3222]]

    Sec. 151. <<NOTE: 49 USC 103 note.>> Notwithstanding any provisions 
of this or any other Act, during the fiscal year ending September 30, 
2005, and hereafter, the Federal Railroad Administration may use funds 
appropriated by this or any other Act to provide for the installation of 
a broadband high speed internet service connection, including necessary 
equipment, for Federal Railroad Administration employees, and to either 
pay directly recurring monthly charges or to reimburse a percentage of 
such monthly charges which are paid by such employees: 
Provided, <<NOTE: Certification.>> That the Federal Railroad 
Administration certifies that adequate safeguards against private misuse 
exist, and that the service is necessary for direct support of the 
agency's mission.

    Sec. 152. Public Law 97-468 is amended--
            (1) in section 608(a)(5) <<NOTE: 45 USC 1207.>> by inserting 
        ``, including any amount appropriated or otherwise made 
        available to the State-owned railroad,'' before ``shall be 
        retained'';
            (2) in section 608 by adding a new subsection (e) as 
        follows:

    ``(e) The State-owned railroad may take any necessary or appropriate 
action, consistent with Federal railroad safety laws, to preserve and 
protect its rail properties in the interests of safety.''; and
            (3) <<NOTE: 45 USC 1203.>> in section 604(d)(2) by adding a 
        new paragraph (D) as follows:
                    ``(D) Any hazardous substance, petroleum or other 
                contaminant release at or from the State-owned rail 
                properties that began prior to January 5, 1985, shall be 
                and remain the liability of the United States for 
                damages and for the costs of investigation and cleanup. 
                Such liability shall be enforceable under 42 U.S.C. 9601 
                et seq. for any release described in the preceding 
                sentence.''.

    Sec. 153. Notwithstanding any other provision of law, from funds 
made available to the Federal Railroad Administration under the heading 
``Next Generation High-Speed Rail'' in the Consolidated Appropriations 
Act of 2004 (Public Law 108-199), the Secretary of Transportation may 
award a grant in the amount of $400,000 to the Illinois Department of 
Transportation for KBS Railroad track and grade crossing improvements in 
Kankakee County and Northeastern Illinois.
    Sec. 154. The Northern New England High Speed Rail Corridor is 
expanded to include the train routes from Boston, Massachusetts, to 
Albany, New York, and from Springfield, Massachusetts, to New Haven, 
Connecticut.
    Sec. 155. <<NOTE: Deadline. Reports.>> Not later than March 1, 2005, 
Amtrak shall submit to the House and Senate Committees on Appropriations 
a report detailing Amtrak's obligations pursuant to 49 U.S.C. 24306(a), 
describing all investments made to develop mail and express, year-to-
year operating results generated by mail and express, a detailed 
description of the impact on employees related to termination of mail 
and express, a detailed description of the proposed liquidation of 
assets related to mail and express, and an accounting of all incurred 
and estimated costs resulting from such termination, including legal and 
accounting costs, any contingent obligations that may result, and any 
other related costs. Before submission, both the Amtrak Board of 
Directors and the Department of Transportation shall review this report.

[[Page 118 STAT. 3223]]

                     Federal Transit Administration

                         Administrative Expenses

    For necessary administrative expenses of the Federal Transit 
Administration's programs authorized by chapter 53 of title 49, United 
States Code, $9,750,000: Provided, That no more than $78,000,000 of 
budget authority shall be available for these purposes: Provided 
further, That of the funds available not to exceed $900,000 shall be 
available for the Office of the Administrator; not to exceed $6,520,000 
shall be available for the Office of Administration; not to exceed 
$4,100,000 shall be available for the Office of the Chief Counsel; not 
to exceed $1,243,000 shall be available for the Office of Communication 
and Congressional Affairs; not to exceed $7,396,000 shall be available 
for the Office of Program Management; not to exceed $6,929,000 shall be 
available for the Office of Budget and Policy; not to exceed $4,645,000 
shall be available for the Office of Demonstration and Innovation; not 
to exceed $3,013,000 shall be available for the Office of Civil Rights; 
not to exceed $4,171,000 shall be available for the Office of Planning; 
not to exceed $20,150,000 shall be available for regional offices; and 
not to exceed $16,433,000 shall be available for the central account: 
Provided further, That the Administrator is authorized to transfer funds 
appropriated for an office of the Federal Transit Administration: 
Provided further, That no appropriation for an office shall be increased 
or decreased by more than a total of 5 percent during the fiscal year by 
all such transfers: Provided further, That any change in funding greater 
than 5 percent shall be submitted for approval to the House and Senate 
Committees on Appropriations: Provided further, That any funding 
transferred from the central account shall be submitted for approval to 
the House and Senate Committees on Appropriations: Provided further, 
That none of the funds provided or limited in this Act may be used to 
create a permanent office of transit security under this heading: 
Provided further, That of the funds in this Act available for the 
execution of contracts under section 5327(c) of title 49, United States 
Code, $2,000,000 shall be reimbursed to the Department of 
Transportation's Office of Inspector General for costs associated with 
audits and investigations of transit-related issues, including reviews 
of new fixed guideway systems: Provided further, That up to $2,500,000 
for the National transit database shall remain available until expended: 
Provided further, <<NOTE: Reports.>> That upon submission to the 
Congress of the fiscal year 2006 President's budget, the Secretary of 
Transportation shall transmit to Congress the annual report on new 
starts, proposed allocations of funds for fiscal year 2006: Provided 
further, That the amount herein appropriated shall be reduced by $20,000 
per day for each day after initial submission of the President's budget 
that the report has not been submitted to the Congress.

                             Formula Grants

                      (including transfer of funds)

    For necessary expenses to carry out 49 U.S.C. 5307, 5308, 5310, 
5311, 5327, and section 3038 of Public Law 105-178, $504,022,000, to 
remain available until expended: Provided, That no more than 
$4,032,175,000 of budget authority shall be available

[[Page 118 STAT. 3224]]

for these purposes: Provided further, That notwithstanding any other 
provision of law, $50,000,000 of the funds to carry out 49 U.S.C. 5308 
shall be transferred to and merged with funding provided for the 
replacement, rehabilitation, and purchase of buses and related equipment 
and the construction of bus-related facilities under ``Federal Transit 
Administration, Capital investment grants''.

                   University Transportation Research

    For necessary expenses to carry out 49 U.S.C. 5505, $750,000, to 
remain available until expended: Provided, That no more than $6,000,000 
of budget authority shall be available for these purposes.

                      Transit Planning and Research

    For necessary expenses to carry out 49 U.S.C. 5303, 5304, 5305, 
5311(b)(2), 5312, 5313(a), 5314, 5315, and 5322, $16,000,000, to remain 
available until expended: Provided, That no more than $128,000,000 of 
budget authority shall be available for these purposes: Provided 
further, That $5,250,000 is available to provide rural transportation 
assistance (49 U.S.C. 5311(b)(2)), $4,000,000 is available to carry out 
programs under the National Transit Institute (49 U.S.C. 5315), 
$8,250,000 is available to carry out transit cooperative research 
programs (49 U.S.C. 5313(a)), $60,385,600 is available for metropolitan 
planning (49 U.S.C. 5303, 5304, and 5305), $12,614,400 is available for 
State planning (49 U.S.C. 5313(b)); and $37,500,000 is available for the 
national planning and research program (49 U.S.C. 5314).

                      Trust Fund Share of Expenses

                 (liquidation of contract authorization)

                          (highway trust fund)

    Notwithstanding any other provision of law, for payment of 
obligations incurred in carrying out 49 U.S.C. 5303-5308, 5310-5315, 
5317(b), 5322, 5327, 5334, 5505, and sections 3037 and 3038 of Public 
Law 105-178, $6,744,500,000, to remain available until expended, and to 
be derived from the Mass Transit Account of the Highway Trust Fund: 
Provided, That $3,528,153,000 shall be paid to the Federal Transit 
Administration's formula grants account: Provided further, That 
$112,000,000 shall be paid to the Federal Transit Administration's 
transit planning and research account: Provided further, That 
$68,250,000 shall be paid to the Federal Transit Administration's 
administrative expenses account: Provided further, That $5,250,000 shall 
be paid to the Federal Transit Administration's university 
transportation research account: Provided further, That $109,375,000 
shall be paid to the Federal Transit Administration's job access and 
reverse commute grants program: Provided further, That $2,921,472,000 
shall be paid to the Federal Transit Administration's capital investment 
grants account.

                        Capital Investment Grants

                      (including transfer of funds)

    For necessary expenses to carry out 49 U.S.C. 5308, 5309, 5318, and 
5327, $417,353,000, to remain available until expended:

[[Page 118 STAT. 3225]]

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

[[Page 118 STAT. 3226]]

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

                  Job Access and Reverse Commute Grants

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

[[Page 118 STAT. 3227]]

expended: Provided, That no more than $125,000,000 of budget authority 
shall be available for these purposes: Provided further, That up to 
$300,000 of the funds provided under this heading may be used by the 
Federal Transit Administration for technical assistance and support and 
performance reviews of the Job Access and Reverse Commute Grants 
program.

           General Provisions--Federal Transit Administration

    Sec. 160. <<NOTE: 49 USC 5338 note.>> The limitations on obligations 
for the programs of the Federal Transit Administration shall not apply 
to any authority under 49 U.S.C. 5338, previously made available for 
obligation, or to any other authority previously made available for 
obligation.

    Sec. 161. Notwithstanding any other provision of law, and except for 
fixed guideway modernization projects, funds made available by this Act 
under ``Federal Transit Administration, Capital investment grants'' for 
projects specified in this Act or identified in reports accompanying 
this Act not obligated by September 30, 2007, and other recoveries, 
shall be made available for other projects under 49 U.S.C. 5309.
    Sec. 162. Notwithstanding any other provision of law, any funds 
appropriated before October 1, 2004, under any section of chapter 53 of 
title 49, United States Code, that remain available for expenditure may 
be transferred to and administered under the most recent appropriation 
heading for any such section.
    Sec. 163. None of the funds in this Act shall be available to any 
Federal transit grantee after February 1, 2004, involved directly or 
indirectly, in any activity that promotes the legalization or medical 
use of any substance listed in schedule I of section 202 of the 
Controlled Substances Act (21 U.S.C. 812 et seq.).
    Sec. 164. From unobligated balances in the Federal Transit 
Administration's Discretionary Grants account, not to exceed $72,792,311 
shall be transferred as follows: to the Federal Transit Administration's 
Formula Grants account, not to exceed $42,190,828; and to the Interstate 
Transfer Grants--Transit account, not to exceed $30,601,483: Provided, 
That these unobligated balances are used, together with Formula Grant 
funds that are available for reapportionment in such account, to restore 
obligation authority reduced due to a prior deficiency.
    Sec. 165. Funds made available for Alaska or Hawaii ferry boats or 
ferry terminal facilities pursuant to 49 U.S.C. 5309(m)(2)(B) may be 
used to construct new vessels and facilities, or to improve existing 
vessels and facilities, including both the passenger and vehicle-related 
elements of such vessels and facilities, and for repair facilities: 
Provided, That not more than $3,000,000 of the funds made available 
pursuant to 49 U.S.C. 5309(m)(2)(B) may be used by the State of Hawaii 
to initiate and operate a passenger ferryboat services demonstration 
project to test the viability of different intra-island and inter-island 
ferry boat routes and technology: Provided further, That notwithstanding 
49 U.S.C. 5302(a)(7), funds made available for Alaska or Hawaii ferry 
boats may be used to acquire passenger ferry boats and to provide 
passenger ferry transportation services within areas of the State of 
Hawaii under the control or use of the National Park Service.
    Sec. 166. Notwithstanding any other provision of law, unobligated 
funds made available for a new fixed guideway systems projects under the 
heading ``Federal Transit Administration, Capital Investment Grants'' in 
any appropriations act prior to this Act

[[Page 118 STAT. 3228]]

may be used during this fiscal year to satisfy expenses incurred for 
such projects.
    Sec. 167. <<NOTE: 49 USC 5307 note.>> The Secretary shall continue 
the pilot program authorized under section 166 of the Consolidated 
Appropriations Act, 2004, Public Law 108-199; 118 Stat. 309, for 
cooperative procurement of major capital equipment under sections 5307, 
5309, and 5311. The program shall be administered as required under 
subsections (b) through (g) of section 166, except that there shall be 
five pilot projects: Provided, That the Secretary shall evaluate all 
proposals based on selection criteria set forth in the announcement of 
the program and request for proposals (Federal Register Notice--Vol. 69, 
No. 120, Page 35127, June 23, 
2004). <<NOTE: Notification. Deadline.>> All proposed projects shall be 
evaluated and the proposing party shall receive notification of 
acceptance or denial by no later than 90 days after the Secretary 
receives a request for review of a proposed project: Provided 
further, <<NOTE: Deadline. Reports.>> That not later than 30 days after 
delivery of the base order under each of the five pilot projects, the 
Secretary shall submit to the House and Senate Committees on 
Appropriations a report on the results of that pilot project. Each 
report shall evaluate any savings realized through the cooperative 
procurement and the benefits of incorporating cooperative procurement, 
as shown by that project, into the mass transit program as a whole.

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

[[Page 118 STAT. 3229]]

made available in Public Law 108-10 for ``Hawaii: BRT Systems, 
Appurtenances and Facilities'' shall be generally available for bus and 
bus facilities by the city and county of Honolulu.
    Sec. 172. Notwithstanding any other provision of law, the Navy may 
receive funds from the State of Hawaii for the procurement of passenger 
ferry boats to provide passenger ferry transportation services for the 
Arizona War Memorial.
    Sec. 173. <<NOTE: Compliance.>> The Federal Transit Administration 
is directed to comply with section 3042 of the Federal Transit Act of 
1998 (Public Law 105-178, as amended; 112 Stat. 338) and is further 
directed to comply with the associated Committee report language 
contained in House Report 108-401, accompanying H.R. 2673, pages 997-
998.

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

[[Page 118 STAT. 3230]]

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

              Saint Lawrence Seaway Development Corporation

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

                       Operations and Maintenance

                     (harbor maintenance trust fund)

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

                         Maritime Administration

                        Maritime Security Program

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

[[Page 118 STAT. 3231]]

                         Operations and Training

    For necessary expenses of operations and training activities 
authorized by law, $109,478,000, of which $23,753,000 shall remain 
available until September 30, 2005, for salaries and benefits of 
employees of the United States Merchant Marine Academy; of which 
$13,138,000 shall remain available until expended for capital 
improvements at the United States Merchant Marine Academy; and of which 
$8,090,000 shall remain available until expended for the State Maritime 
Schools Schoolship Maintenance and Repair.

                              Ship Disposal

    For necessary expenses related to the disposal of obsolete vessels 
in the National Defense Reserve Fleet of the Maritime Administration, 
$21,616,000, to remain available until expended.

           Maritime Guaranteed Loan (Title XI) Program Account

                      (including transfer of funds)

    For administrative expenses to carry out the guaranteed loan 
program, not to exceed $4,764,000, which shall be transferred to and 
merged with the appropriation for Operations and Training: Provided, 
That of the $25,000,000 authorized for the cost of guaranteed loans in 
chapter 10 of Public Law 108-11, Making Emergency Wartime Supplemental 
Appropriations for the Fiscal Year 2003, and for Other Purposes, 
available until September 30, 2005, and pursuant to the Department of 
Transportation Inspector General report CR-2004-095 certifying that the 
recommendations of report CR-2003-031 have been implemented to the 
Inspector General's satisfaction, up to $2,000,000 shall be used by the 
Department of Transportation to develop a comprehensive computer based 
financial monitoring system.

            National Defense Tank Vessel Construction Program

    For necessary expenses to carry out the program of financial 
assistance for the construction of new product tank vessels as 
authorized by section 53101 of title 46, United States Code, as amended, 
$75,000,000, to remain available until expended.

                            Ship Construction

                              (rescission)

    Of the unobligated balances available under this heading, $1,979,000 
are rescinded.

               General Provisions--Maritime Administration

    Sec. 180. Notwithstanding any other provision of this Act, the 
Maritime Administration is authorized to furnish utilities and services 
and make necessary repairs in connection with any lease, contract, or 
occupancy involving Government property under control of the Maritime 
Administration, and payments received therefore shall be credited to the 
appropriation charged with the cost thereof: Provided, That rental 
payments under any such lease, contract, or occupancy for items other 
than such utilities, services, or repairs shall be covered into the 
Treasury as miscellaneous receipts.

[[Page 118 STAT. 3232]]

    Sec. 181. No obligations shall be incurred during the current fiscal 
year from the construction fund established by the Merchant Marine Act, 
1936, or otherwise, in excess of the appropriations and limitations 
contained in this Act or in any prior appropriations Act.

              Research and Special Programs Administration

                      Research and Special Programs

    For expenses necessary to discharge the functions of the Research 
and Special Programs Administration, $47,115,000, of which $645,000 
shall be derived from the Pipeline Safety Fund, and of which $3,425,000 
shall remain available until September 30, 2007: Provided, That up to 
$1,200,000 in fees collected under 49 U.S.C. 5108(g) shall be deposited 
in the general fund of the Treasury as offsetting receipts: Provided 
further, That there may be credited to this appropriation, to be 
available until expended, funds received from States, counties, 
municipalities, other public authorities, and private sources for 
expenses incurred for training, for reports publication and 
dissemination, and for travel expenses incurred in performance of 
hazardous materials exemptions and approvals functions.

                             Pipeline Safety

                         (pipeline safety fund)

                    (oil spill liability trust fund)

    For expenses necessary to conduct the functions of the pipeline 
safety program, for grants-in-aid to carry out a pipeline safety 
program, as authorized by 49 U.S.C. 60107, and to discharge the pipeline 
program responsibilities of the Oil Pollution Act of 1990, $69,769,000, 
of which $15,000,000 shall be derived from the Oil Spill Liability Trust 
Fund and shall remain available until September 30, 2007; of which 
$54,769,000 shall be derived from the Pipeline Safety Fund, of which 
$23,105,000 shall remain available until September 30, 2007: Provided 
further, That not less than $1,000,000 of the funds provided under this 
heading shall be for the one-call State grant program.

                      Emergency Preparedness Grants

                      (emergency preparedness fund)

    For necessary expenses to carry out 49 U.S.C. 5127(c), $200,000, to 
be derived from the Emergency Preparedness Fund, to remain available 
until September 30, 2006: Provided, That not more than $14,300,000 shall 
be made available for obligation in fiscal year 2005 from amounts made 
available by 49 U.S.C. 5116(i) and 5127(d): Provided further, That none 
of the funds made available by 49 U.S.C. 5116(i), 5127(c), and 5127(d) 
shall be made available for obligation by individuals other than the 
Secretary of Transportation, or his designee.

[[Page 118 STAT. 3233]]

                       Office of Inspector General

                          Salaries and Expenses

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

                      Surface Transportation Board

                          Salaries and Expenses

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

            General Provisions--Department of Transportation

                     (including transfers of funds)

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

[[Page 118 STAT. 3234]]

2725(3)) obtained by a State department of motor vehicles in connection 
with a motor vehicle record as defined in 18 U.S.C. 2725(1), except as 
provided in 18 U.S.C. 2721 for a use permitted under 18 U.S.C. 2721.
    (b) Notwithstanding subsection (a), the Secretary shall not withhold 
funds provided in this Act for any grantee if a State is in 
noncompliance with this provision.
    Sec. 190. Funds received by the Federal Highway Administration, 
Federal Transit Administration, and Federal Railroad Administration from 
States, counties, municipalities, other public authorities, and private 
sources for expenses incurred for training may be credited respectively 
to the Federal Highway Administration's ``Federal-Aid Highways'' 
account, the Federal Transit Administration's ``Transit Planning and 
Research'' account, and to the Federal Railroad Administration's 
``Safety and Operations'' account, except for State rail safety 
inspectors participating in training pursuant to 49 U.S.C. 20105.
    Sec. 191. Notwithstanding any other provisions of law, rule or 
regulation, the Secretary of Transportation is authorized to allow the 
issuer of any preferred stock heretofore sold to the Department to 
redeem or repurchase such stock upon the payment to the Department of an 
amount determined by the Secretary.
    Sec. 192. None of the funds in this Act to the Department of 
Transportation may be used to make a grant unless the Secretary of 
Transportation notifies the House and Senate Committees on 
Appropriations not less than 3 full business days before any 
discretionary grant award, letter of intent, or full funding grant 
agreement totaling $1,000,000 or more is announced by the department or 
its modal administrations from: (1) any discretionary grant program of 
the Federal Highway Administration other than the emergency relief 
program; (2) the airport improvement program of the Federal Aviation 
Administration; or (3) any program of the Federal Transit Administration 
other than the formula grants and fixed guideway modernization programs: 
Provided, That no notification shall involve funds that are not 
available for obligation.
    Sec. 193. Rebates, refunds, incentive payments, minor fees and other 
funds received by the Department of Transportation from travel 
management centers, charge card programs, the subleasing of building 
space, and miscellaneous sources are to be credited to appropriations of 
the Department of Transportation and allocated to elements of the 
Department of Transportation using fair and equitable criteria and such 
funds shall be available until expended.
    Sec. 194. Amounts made available in this or any other Act that the 
Secretary determines represent improper payments by the Department of 
Transportation to a third party contractor under a financial assistance 
award, which are recovered pursuant to law, shall be available--
            (1) to reimburse the actual expenses incurred by the 
        Department of Transportation in recovering improper payments; 
        and
            (2) to pay contractors for services provided in recovering 
        improper payments: Provided, That amounts in excess of that 
        required for paragraphs (1) and (2)--
                    (A) shall be credited to and merged with the 
                appropriation from which the improper payments were 
                made, and

[[Page 118 STAT. 3235]]

                shall be available for the purposes and period for which 
                such appropriations are available; or
                    (B) if no such appropriation remains available, 
                shall be deposited in the Treasury as miscellaneous 
                receipts: Provided, That prior to the transfer of any 
                such recovery to an appropriations account, the 
                Secretary shall notify the House and Senate Committees 
                on Appropriations of the amount and reasons for such 
                transfer: Provided further, That for purposes of this 
                section, the term ``improper payments'', has the same 
                meaning as that provided in section 2(d)(2) of Public 
                Law 107-300.

    Sec. 195. The Secretary of Transportation is authorized to transfer 
the unexpended balances available for the bonding assistance program 
from ``Office of the Secretary, Salaries and expenses'' to ``Minority 
Business Outreach''.
    Sec. 196. None of the funds made available in this Act to the 
Department of Transportation may be obligated for the Office of the 
Secretary of Transportation to approve assessments or reimbursable 
agreements pertaining to funds appropriated to the modal administrations 
in this Act, except for activities underway on the date of enactment of 
this Act, unless such assessments or agreements have completed the 
normal reprogramming process for Congressional notification.
    Sec. 197. Funds provided in this Act for the Working Capital Fund 
shall be reduced by $20,844,000, which limits fiscal year 2005 Working 
Capital Fund obligational authority for elements of the Department of 
Transportation funded in this Act to no more than $130,210,000: 
Provided, That such reductions from the budget request shall be 
allocated by the Department of Transportation to each appropriations 
account in proportion to the amount included in each account for the 
Working Capital Fund.
    Sec. 198. For the purpose of any applicable law, for fiscal years 
2004 and 2005, the city of Norman, Oklahoma, shall be considered to be 
part of the Oklahoma City urbanized area.
    Sec. 199. Section 41716(b) of title 49, United States Code, is 
amended by adding before the period at the end the following: ``; except 
that the Secretary may grant not to exceed 4 additional slot exemptions 
at LaGuardia Airport to an incumbent air carrier operating at least 20 
but not more than 28 slots at such airport as of October 1, 2004, to 
provide air transportation between LaGuardia Airport and a small hub 
airport or nonhub airport''.

                                TITLE II

                       DEPARTMENT OF THE TREASURY

                          Departmental Offices

                          Salaries and Expenses

                      (including transfer of funds)

    For necessary expenses of the Departmental Offices including 
operation and maintenance of the Treasury Building and Annex; hire of 
passenger motor vehicles; maintenance, repairs, and improvements of, and 
purchase of commercial insurance policies for, real properties leased or 
owned overseas, when necessary for the performance of official business, 
$157,559,000, of which not

[[Page 118 STAT. 3236]]

to exceed $7,274,000 for executive direction program activities; not to 
exceed $7,200,000 for general counsel program activities; not to exceed 
$31,657,000 for economic policies and programs activities; not to exceed 
$26,072,000 for financial policies and programs activities; not to 
exceed $10,633,000 for terrorism and financial intelligence policies and 
programs activities; not to exceed $16,760,000 for Treasury-wide 
management policies and programs activities; not to exceed $57,963,000 
for administration programs activities: Provided, That the Secretary of 
the Treasury is authorized to transfer funds appropriated for any 
program activity of the Departmental Offices to any other program 
activity of the Departmental Offices upon notification to the House and 
Senate Committees on Appropriations: Provided further, That no 
appropriation for any program activity shall be increased or decreased 
by more than 2.5 percent by all such transfers: Provided further, That 
any change in funding greater than 2.5 percent shall be submitted for 
approval to the House and Senate Committees on Appropriations: Provided 
further, That the funds identified within the administration program 
activity to support the Office of Foreign Assets Control shall be 
transferred to ``Office of Foreign Assets Control'': Provided further, 
That this transfer authority shall be in addition to any other provided 
in this Act: Provided further, That of the amount appropriated under 
this heading, not to exceed $3,000,000, to remain available until 
September 30, 2006, for information technology modernization 
requirements; not to exceed $100,000 for official reception and 
representation expenses; and not to exceed $258,000 for unforeseen 
emergencies of a confidential nature, to be allocated and expended under 
the direction of the Secretary of the Treasury and to be accounted for 
solely on his certificate: Provided further, That of the amount 
appropriated under this heading, $3,393,000, to remain available until 
September 30, 2006, is for the Treasury-wide Financial Statement Audit 
Program, of which such amounts as may be necessary may be transferred to 
accounts of the Department's offices and bureaus to conduct audits: 
Provided further, That this transfer authority shall be in addition to 
any other provided in this Act.

                    Office of Foreign Assets Control

                          salaries and expenses

    For necessary expenses of the Office of Foreign Assets Control, 
$22,291,000: Provided, That the funding available shall support no less 
than 138 full time equivalent positions.

        Department-Wide Systems and Capital Investments Programs

                      (including transfer of funds)

    For development and acquisition of automatic data processing 
equipment, software, and services for the Department of the Treasury, 
$32,260,000, to remain available until September 30, 2007: Provided, 
That these funds shall be transferred to accounts and in amounts as 
necessary to satisfy the requirements of the Department's offices, 
bureaus, and other organizations: Provided further, That this transfer 
authority shall be in addition to any other transfer authority provided 
in this Act: Provided further, That none of the funds appropriated shall 
be used to support

[[Page 118 STAT. 3237]]

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

                       Office of Inspector General

                          salaries and expenses

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

            Treasury Inspector General for Tax Administration

                          salaries and expenses

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

            Air Transportation Stabilization Program Account

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

           Treasury Building and Annex Repair and Restoration

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

                  Expanded Access to Financial Services

                              (Rescission)

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

                     Violent Crime Reduction Program

                              (Rescission)

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

[[Page 118 STAT. 3238]]

                  Financial Crimes Enforcement Network

                          salaries and expenses

    For necessary expenses of the Financial Crimes Enforcement Network, 
including hire of passenger motor vehicles; travel expenses of non-
Federal law enforcement personnel to attend meetings concerned with 
financial intelligence activities, law enforcement, and financial 
regulation; not to exceed $14,000 for official reception and 
representation expenses; and for assistance to Federal law enforcement 
agencies, with or without reimbursement, $72,502,000, of which 
$7,500,000 shall be available for BSA Direct; of which not to exceed 
$7,000,000 shall remain available until September 30, 2007; and of which 
$8,354,000 shall remain available until September 30, 2006: Provided, 
That funds appropriated in this account may be used to procure personal 
services contracts: Provided further, That up to $350,000 of the funds 
under this heading may be available for planning, sponsoring, 
administering, receiving, and such other expenses as the Director deems 
necessary, including reception and representation expenses, to host the 
2005 Annual Plenary of the Egmont Group.

                      Financial Management Service

                          Salaries and Expenses

    For necessary expenses of the Financial Management Service, 
$230,930,000, of which not to exceed $9,220,000 shall remain available 
until September 30, 2007, for information systems modernization 
initiatives; and of which not to exceed $2,500 shall be available for 
official reception and representation expenses.

                Alcohol and Tobacco Tax and Trade Bureau

                          Salaries and Expenses

    For necessary expenses of carrying out section 1111 of the Homeland 
Security Act of 2002, including hire of passenger motor vehicles, 
$83,000,000; of which not to exceed $6,000 for official reception and 
representation expenses; not to exceed $50,000 for cooperative research 
and development programs for laboratory services; and provision of 
laboratory assistance to State and local agencies with or without 
reimbursement.

                           United States Mint

                United States Mint Public Enterprise Fund

    Pursuant to section 5136 of title 31, United States Code, the United 
States Mint is provided funding through the United States Mint Public 
Enterprise Fund for costs associated with the production of circulating 
coins, numismatic coins, and protective services, including both 
operating expenses and capital investments. The aggregate amount of new 
liabilities and obligations incurred during fiscal year 2005 under such 
section 5136 for circulating coinage and protective service capital 
investments of the United States Mint shall not exceed $24,000,000.

[[Page 118 STAT. 3239]]

                        Bureau of the Public Debt

                      Administering the Public Debt

    For necessary expenses connected with any public-debt issues of the 
United States, $179,566,000, of which not to exceed $2,500 shall be 
available for official reception and representation expenses, and of 
which not to exceed $2,000,000 shall remain available until expended for 
systems modernization: Provided, That the sum appropriated herein from 
the General Fund for fiscal year 2005 shall be reduced by not more than 
$4,400,000 as definitive security issue fees and Treasury Direct 
Investor Account Maintenance fees are collected, so as to result in a 
final fiscal year 2005 appropriation from the general fund estimated at 
$175,166,000. In addition, $60,000 to be derived from the Oil Spill 
Liability Trust Fund to reimburse the Bureau for administrative and 
personnel expenses for financial management of the Fund, as authorized 
by section 1012 of Public Law 101-380.

                        Internal Revenue Service

                 Processing, Assistance, and Management

    For necessary expenses of the Internal Revenue Service for pre-
filing taxpayer assistance and education, filing and account services, 
shared services support, general management and administration; and 
services as authorized by 5 U.S.C. 3109, at such rates as may be 
determined by the Commissioner, $4,089,574,000, of which up to 
$4,100,000 shall be for the Tax Counseling for the Elderly Program, of 
which $8,000,000 shall be available for low-income taxpayer clinic 
grants, and of which not to exceed $25,000 shall be for official 
reception and representation expenses.

                           Tax Law Enforcement

                      (including transfer of funds)

    For necessary expenses of the Internal Revenue Service for 
determining and establishing tax liabilities; providing litigation 
support; conducting criminal investigation and enforcement activities; 
securing unfiled tax returns; collecting unpaid accounts; conducting a 
document matching program; resolving taxpayer problems through prompt 
identification, referral and settlement; expanded customer service and 
public outreach programs, strengthened enforcement activities, and 
enhanced research efforts to reduce erroneous filings associated with 
the earned income tax credit; compiling statistics of income and 
conducting compliance research; purchase (for police-type use, not to 
exceed 850) and hire of passenger motor vehicles (31 U.S.C. 1343(b)); 
and services as authorized by 5 U.S.C. 3109, at such rates as may be 
determined by the Commissioner, $4,398,729,000, of which not to exceed 
$1,000,000 shall remain available until September 30, 2007, for 
research: Provided, That up to $10,000,000 may be transferred as 
necessary from this account to the IRS Processing, Assistance, and 
Management appropriation or the IRS Information Systems appropriation 
solely for the purposes of management of the Earned Income Tax Credit 
compliance program and to reimburse the Social Security Administration 
for the cost of implementing section 1090

[[Page 118 STAT. 3240]]

of the Taxpayer Relief Act of 1997 (Public Law 105-33): Provided 
further, That this transfer authority shall be in addition to any other 
transfer authority provided in this Act.

                           Information Systems

    For necessary expenses of the Internal Revenue Service for 
information systems and telecommunications support, including 
developmental information systems and operational information systems; 
the hire of passenger motor vehicles (31 U.S.C. 1343(b)); and services 
as authorized by 5 U.S.C. 3109, at such rates as may be determined by 
the Commissioner, $1,590,492,000, of which $200,000,000 shall remain 
available until September 30, 2006.

                     Business Systems Modernization

    For necessary expenses of the Internal Revenue Service, 
$205,000,000, to remain available until September 30, 2007, for the 
capital asset acquisition of information technology systems, including 
management and related contractual costs of said acquisitions, including 
contractual costs associated with operations authorized by 5 U.S.C. 
3109: Provided, That none of these funds may be obligated until the 
Internal Revenue Service submits to the Committees on Appropriations, 
and such Committees approve, a plan for expenditure that: (1) meets the 
capital planning and investment control review requirements established 
by the Office of Management and Budget, including Circular A-11 part 3; 
(2) complies with the Internal Revenue Service's enterprise 
architecture, including the modernization blueprint; (3) conforms with 
the Internal Revenue Service's enterprise life cycle methodology; (4) is 
approved by the Internal Revenue Service, the Department of the 
Treasury, and the Office of Management and Budget; (5) has been reviewed 
by the Government Accountability Office; and (6) complies with the 
acquisition rules, requirements, guidelines, and systems acquisition 
management practices of the Federal Government.

               Health Insurance Tax Credit Administration

    For expenses necessary to implement the health insurance tax credit 
included in the Trade Act of 2002 (Public Law 107-210), $34,841,000.

              General Provisions--Internal Revenue Service

    Sec. 201. Not to exceed 5 percent of any appropriation made 
available in this Act to the Internal Revenue Service or not to exceed 3 
percent of appropriations under the heading ``Tax Law Enforcement'' may 
be transferred to any other Internal Revenue Service appropriation upon 
the advance approval of the Committees on Appropriations.
    Sec. 202. <<NOTE: 26 USC 7804 note.>> The Internal Revenue Service 
shall maintain a training program to ensure that Internal Revenue 
Service employees are trained in taxpayers' rights, in dealing 
courteously with the taxpayers, and in cross-cultural relations.

    Sec. 203. <<NOTE: 26 USC 6103 note.>> The Internal Revenue Service 
shall institute and enforce policies and procedures that will safeguard 
the confidentiality of taxpayer information.

[[Page 118 STAT. 3241]]

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

             General Provisions--Department of the Treasury

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

[[Page 118 STAT. 3242]]

    Sec. 217. None of the funds appropriated or otherwise made available 
by this or any other Act may be used by the United States Mint to 
construct or operate any museum without the explicit approval of the 
House Committee on Financial Services and the Senate Committee on 
Banking, Housing, and Urban Affairs.
    Sec. 218. None of the funds appropriated or otherwise made available 
by this or any other Act or source to the Department of the Treasury, 
the Bureau of Engraving and Printing, and the United States Mint, 
individually or collectively, may be used to consolidate any or all 
functions of the Bureau of Engraving and Printing and the United States 
Mint without the explicit approval of the House Committee on Financial 
Services; the Senate Committee on Banking, Housing, and Urban Affairs; 
the House Committee on Appropriations; and the Senate Committee on 
Appropriations.
    Sec. 219. Section 101(f) of the Treasury Department Appropriations 
Act, 1997 (division A of Public Law 104-208), <<NOTE: 31 USC 501 
note.>> as amended, is further amended by striking ``hereby'' and 
``until October 1, 2004,'' and inserting ``Hereafter'' before the phrase 
``there is established''.

    Sec. 220. (a) Section 3333 of title 31, United States Code, is 
amended as follows:
            (1) By revising paragraph (a)(1) to read as follows:

    ``(a)(1) The Secretary of the Treasury is not liable for a payment 
made by the Secretary or depositary in due course and without 
negligence, of--
            ``(A) a check, draft, or warrant drawn on the Treasury or 
        the depositary;
            ``(B) an electronic payment issued by the Treasury or the 
        depositary; and
            ``(C) a debt obligation guaranteed or assumed by the United 
        States Government.'';

    (2) By inserting after paragraph (a)(2) the following new paragraph:
    ``(3) The amount of the relief shall be charged to the Check Forgery 
Insurance Fund (31 U.S.C. 3343). A recovery or repayment of a loss for 
which replacement is made out of the fund shall be credited to the fund 
and is available for the purposes for which the fund was established.''.
    (b) <<NOTE: 31 USC 3343 note.>> The Check Forgery Insurance Fund (31 
U.S.C. 3343) shall be available to fund amounts relating to the payment 
of items listed in 31 U.S.C. 3333(a)(1), as amended above, prior to the 
enactment of this Act.

    Sec. 221. <<NOTE: Deadline. Reports.>> Not later than 60 days after 
enactment of this Act, the Secretary of the Treasury shall submit to the 
Committees on Appropriations a report describing how statutory 
provisions addressing currency manipulation by America's trading 
partners contained in, and relating to, title 22 U.S.C. 5304, 5305, and 
286y can be better clarified administratively to provide for improved 
and more predictable evaluation, and to enable the problem of currency 
manipulation to be better understood by the American people and the 
Congress.

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

[[Page 118 STAT. 3243]]

``Sec. 313. Terrorism and financial intelligence

    ``(a) Office of Terrorism and Financial Intelligence.--
            ``(1) Establishment.--There is established within the 
        Department of the Treasury the Office of Terrorism and Financial 
        Intelligence (in this section referred to as `OTFI'), which 
        shall be the successor to any such office in existence on the 
        date of enactment of this section.
            ``(2) Leadership.--
                    ``(A) Undersecretary.--
                There <<NOTE: Establishment.>> is established within the 
                Department of the Treasury, the Office of the 
                Undersecretary for Terrorism and Financial Crimes, who 
                shall serve as the head of the OTFI, and shall report to 
                the Secretary of the Treasury through the Deputy 
                Secretary of the Treasury. The Office of the 
                Undersecretary for Terrorism and Financial Crimes shall 
                be the successor to the Office of the Undersecretary for 
                Enforcement.
                    ``(B) Appointment.--The Undersecretary for Terrorism 
                and Financial Crimes shall be appointed by the 
                President, by and with the advice and consent of the 
                Senate.
            ``(3) Assistant secretary for terrorist financing.--
                    ``(A) Establishment.--There is established within 
                the OTFI the position of Assistant Secretary for 
                Terrorist Financing.
                    ``(B) Appointment.--The Assistant Secretary for 
                Terrorist Financing shall be appointed by the President, 
                by and with the advice and consent of the Senate.
                    ``(C) Duties.--The Assistant Secretary for Terrorist 
                Financing shall be responsible for formulating and 
                coordinating the counter terrorist financing and anti-
                money laundering efforts of the Department of the 
                Treasury, and shall report directly to the 
                Undersecretary for Terrorism and Financial Crimes.
            ``(4) Functions.--The functions of the OTFI include 
        providing policy, strategic, and operational direction to the 
        Department on issues relating to--
                    ``(A) implementation of titles I and II of the Bank 
                Secrecy Act;
                    ``(B) United States economic sanctions programs;
                    ``(C) combating terrorist financing;
                    ``(D) combating financial crimes, including money 
                laundering, counterfeiting, and other offenses 
                threatening the integrity of the banking and financial 
                systems;
                    ``(E) other enforcement matters;
                    ``(F) those intelligence analysis and coordination 
                functions described in subsection (b); and
                    ``(G) the security functions and programs of the 
                Department of the Treasury.
            ``(5) Reports to congress on proposed measures.--The 
        Undersecretary for Terrorism and Financial Crimes and the 
        Assistant Secretary for Terrorist Financing shall report to the 
        Committee on Banking, Housing, and Urban Affairs of the Senate 
        and the Committee on Financial Services of the House of 
        Representatives not later than 72 hours after proposing by rule, 
        regulation, order, or otherwise, any measure to reorganize the 
        structure of the Department for combatting money laundering and 
        terrorist financing, before any such proposal becomes effective.

[[Page 118 STAT. 3244]]

            ``(6) Other offices within otfi.--Notwithstanding any other 
        provision of law, the following offices of the Department of the 
        Treasury shall be within the OTFI:
                    ``(A) The Office of the Assistant Secretary for 
                Intelligence and Analysis, which shall report directly 
                to the Undersecretary for Terrorism and Financial 
                Crimes.
                    ``(B) The Office of the Assistant Secretary for 
                Terrorist Financing, which shall report directly to the 
                Undersecretary for Terrorism and Financial Crimes.
                    ``(C) The Office of Foreign Assets Control (in this 
                section referred to as the `OFAC'), which shall report 
                directly to the Undersecretary for Terrorism and 
                Financial Crimes.
                    ``(D) The Executive Office for Asset Forfeiture, 
                which shall report to the Undersecretary for Terrorism 
                and Financial Crimes.
                    ``(E) The Office of Intelligence and Analysis (in 
                this section referred to as the `OIA'), which shall 
                report to the Assistant Secretary for Intelligence and 
                Analysis.
                    ``(F) The Office of Terrorist Financing, which shall 
                report to the Assistant Secretary for Terrorist 
                Financing.
            ``(7) FinCEN.--
                    ``(A) Reporting to undersecretary.--The Financial 
                Crimes Enforcement Network (in this section referred to 
                as `FinCEN'), a bureau of the Department of the 
                Treasury, shall report to the Undersecretary for 
                Terrorism and Financial Crimes. The Undersecretary for 
                Terrorism and Financial Crimes may not redelegate its 
                reporting authority over FinCEN.
                    ``(B) Office of compliance.--
                There <<NOTE: Establishment.>> is established within 
                FinCEN, an Office of Compliance.

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

[[Page 118 STAT. 3245]]

                    ``(C) represent the Department in various 
                intelligence related activities.
            ``(5) Duties of the assistant secretary.--The Assistant 
        Secretary for Intelligence and Analysis shall serve as the 
        Senior Officer Intelligence Community, and shall represent the 
        Department in intelligence community fora, including the 
        National Foreign Intelligence Board committees and the 
        Intelligence Community Management Staff.

    ``(c) Delegation.--To the extent that any authorities, powers, and 
responsibilities over enforcement matters delegated to the 
Undersecretary for Terrorism and Financial Crimes, or the positions of 
Assistant Secretary for Terrorism and Financial Crimes, Assistant 
Secretary for Enforcement and Operations, or Deputy Assistant Secretary 
for Terrorist Financing and Financial Crimes, have not been transferred 
to the Department of Homeland Security, the Department of Justice, or 
the Assistant Secretary for Tax Policy (related to the customs revenue 
functions of the Bureau of Alcohol and Tobacco Tax and Trade), those 
remaining authorities, powers, and responsibilities are delegated to the 
Undersecretary for Terrorism and Financial Crimes.
    ``(d) Designation as Enforcement Organization.--The Office of 
Terrorism and Financial Intelligence (including any components thereof) 
is designated as a law enforcement organization of the Department of the 
Treasury for purposes of section 9703 of title 31, United States Code, 
and other relevant authorities.
    ``(e) Use of Existing Resources.--The Secretary may employ 
personnel, facilities, and other Department of the Treasury resources 
available to the Secretary on the date of enactment of this section in 
carrying out this section, except as otherwise prohibited by law.
    ``(f) References.--References in this section to the `Secretary', 
`Undersecretary', `Deputy Secretary', `Deputy Assistant Secretary', 
`Office', `Assistant Secretary', and `Department' are references to 
positions and offices of the Department of the Treasury, unless 
otherwise specified.''.
    (b) Conforming Amendments.--
            (1) Title 31.--Section 311 of title 31, United States Code, 
        is amended--
                    (A) in subsection (a)--
                          (i) by redesignating paragraphs (1) and (2) as 
                      paragraphs (2) and (3), respectively; and
                          (ii) by inserting before paragraph (2), as so 
                      redesignated, the following:
            ``(1) be within the Office of Terrorism and Financial 
        Intelligence;''; and
                    (B) in subsection (b), by striking ``Enforcement'' 
                and inserting ``Terrorism and Financial Crimes''.
            (2) Other office abolished.--The <<NOTE: 31 USC 301 
        note.>> Office of the Undersecretary for Enforcement of the 
        Department of the Treasury, established in accordance with 
        section 103 of the Treasury Department Appropriations Act, 1994 
        (Public Law 103-123) is abolished, and all rights, duties, and 
        responsibilities of that office are transferred on the date of 
        enactment of this Act to the Office of the Undersecretary for 
        Terrorism and Financial Crimes of the Department of the Treasury 
        in accordance with this section and the amendments made by this 
        section, except

[[Page 118 STAT. 3246]]

        as otherwise specifically provided in this section or the 
        amendments made by this section, or other applicable law.

                                TITLE III

    EXECUTIVE OFFICE OF THE PRESIDENT AND FUNDS APPROPRIATED TO THE 
                                PRESIDENT

                      Compensation of the President

    For compensation of the President, including an expense allowance at 
the rate of $50,000 per annum as authorized by 3 U.S.C. 102, $450,000: 
Provided, <<NOTE: 3 USC 102 note.>> That none of the funds made 
available for official expenses shall be expended for any other purpose 
and any unused amount shall revert to the Treasury pursuant to section 
1552 of title 31, United States Code.

                           White House Office

                          salaries and expenses

    For necessary expenses for the White House as authorized by law, 
including not to exceed $3,850,000 for services as authorized by 5 
U.S.C. 3109 and 3 U.S.C. 105; subsistence expenses as authorized by 3 
U.S.C. 105, which shall be expended and accounted for as provided in 
that section; hire of passenger motor vehicles, newspapers, periodicals, 
teletype news service, and travel (not to exceed $100,000 to be expended 
and accounted for as provided by 3 U.S.C. 103); and not to exceed 
$19,000 for official entertainment expenses, to be available for 
allocation within the Executive Office of the President, $62,000,000: 
Provided, That of the funds appropriated under this heading, up to 
$9,975,000 shall be available for reimbursements to the White House 
Communications Agency: Provided further, That of the funds appropriated 
under this heading, $2,475,000 shall be for the Homeland Security 
Council.

                 Executive Residence at the White House

                           operating expenses

    For the care, maintenance, repair and alteration, refurnishing, 
improvement, heating, and lighting, including electric power and 
fixtures, of the Executive Residence at the White House and official 
entertainment expenses of the President, $12,760,000, to be expended and 
accounted for as provided by 3 U.S.C. 105, 109, 110, and 112-114.

                          reimbursable expenses

    For the reimbursable expenses of the Executive Residence at the 
White House, such sums as may be necessary: Provided, That all 
reimbursable operating expenses of the Executive Residence shall be made 
in accordance with the provisions of this paragraph: Provided further, 
That, notwithstanding any other provision of law, such amount for 
reimbursable operating expenses shall be the exclusive authority of the 
Executive Residence to incur obligations and to receive offsetting 
collections, for such expenses: Provided further, That the Executive 
Residence shall require each person sponsoring a reimbursable political 
event to pay in advance an amount equal

[[Page 118 STAT. 3247]]

to the estimated cost of the event, and all such advance payments shall 
be credited to this account and remain available until expended: 
Provided further, That the Executive Residence shall require the 
national committee of the political party of the President to maintain 
on deposit $25,000, to be separately accounted for and available for 
expenses relating to reimbursable political events sponsored by such 
committee during such <<NOTE: Notice. Deadline.>> fiscal year: Provided 
further, That the Executive Residence shall ensure that a written notice 
of any amount owed for a reimbursable operating expense under this 
paragraph is submitted to the person owing such amount within 60 days 
after such expense is incurred, and that such amount is collected within 
30 days after the submission of such notice: Provided 
further, <<NOTE: Deadline.>> That the Executive Residence shall charge 
interest and assess penalties and other charges on any such amount that 
is not reimbursed within such 30 days, in accordance with the interest 
and penalty provisions applicable to an outstanding debt on a United 
States Government claim under section 3717 of title 31, United States 
Code: Provided further, That each such amount that is reimbursed, and 
any accompanying interest and charges, shall be deposited in the 
Treasury as <<NOTE: Deadline. Reports.>> miscellaneous receipts: 
Provided further, That the Executive Residence shall prepare and submit 
to the Committees on Appropriations, by not later than 90 days after the 
end of the fiscal year covered by this Act, a report setting forth the 
reimbursable operating expenses of the Executive Residence during the 
preceding fiscal year, including the total amount of such expenses, the 
amount of such total that consists of reimbursable official and 
ceremonial events, the amount of such total that consists of 
reimbursable political events, and the portion of each such amount that 
has been reimbursed as of the date of the report: Provided 
further, <<NOTE: Procedures.>> That the Executive Residence shall 
maintain a system for the tracking of expenses related to reimbursable 
events within the Executive Residence that includes a standard for the 
classification of any such expense as political or nonpolitical: 
Provided further, That no provision of this paragraph may be construed 
to exempt the Executive Residence from any other applicable requirement 
of subchapter I or II of chapter 37 of title 31, United States Code.

                   White House Repair and Restoration

    For the repair, alteration, and improvement of the Executive 
Residence at the White House, $1,900,000, to remain available until 
expended, for required maintenance, safety and health issues, and 
continued preventative maintenance.

                      Council of Economic Advisers

                          salaries and expenses

    For necessary expenses of the Council of Economic Advisers in 
carrying out its functions under the Employment Act of 1946 (15 U.S.C. 
1021), $4,040,000.

[[Page 118 STAT. 3248]]

                      Office of Policy Development

                          salaries and expenses

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

                        National Security Council

                          salaries and expenses

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

                        Office of Administration

                          salaries and expenses

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

                     Office of Management and Budget

                          Salaries and Expenses

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

[[Page 118 STAT. 3249]]

to pay the salary or expenses of any employee of the Office of 
Management and Budget who calculates, prepares, or approves any tabular 
or other material that proposes the sub-allocation of budget authority 
or outlays by the Committees on Appropriations among their 
subcommittees: Provided further, That none of the funds provided in this 
or prior Acts shall be used, directly or indirectly, by the Office of 
Management and Budget, for evaluating or determining if water resource 
project or study reports submitted by the Chief of Engineers acting 
through the Secretary of the Army are in compliance with all applicable 
laws, regulations, and requirements relevant to the Civil Works water 
resource planning process: Provided further, <<NOTE: Deadline.>> That 
the Office of Management and Budget shall have not more than 60 days in 
which to perform budgetary policy reviews of water resource matters on 
which the Chief of Engineers has 
reported. <<NOTE: Notification. Deadline.>> The Director of the Office 
of Management and Budget shall notify the appropriate authorizing and 
Appropriations Committees when the 60-day review is initiated. If water 
resource reports have not been transmitted to the appropriate 
authorizing and appropriating committees within 15 days of the end of 
the OMB review period based on the notification from the Director, 
Congress shall assume OMB concurrence with the report and act 
accordingly.

                 Office of National Drug Control Policy

                          Salaries and Expenses

    For necessary expenses of the Office of National Drug Control 
Policy; for research activities pursuant to the Office of National Drug 
Control Policy Reauthorization Act of 1998 (21 U.S.C. 1701 et seq.); not 
to exceed $10,000 for official reception and representation expenses; 
and for participation in joint projects or in the provision of services 
on matters of mutual interest with nonprofit, research, or public 
organizations or agencies, with or without reimbursement, $27,000,000; 
of which $1,350,000 shall remain available until expended for policy 
research and evaluation: Provided, <<NOTE: 21 USC 1702 note.>> That the 
Office is authorized to accept, hold, administer, and utilize gifts, 
both real and personal, public and private, without fiscal year 
limitation, for the purpose of aiding or facilitating the work of the 
Office.

                Counterdrug Technology Assessment Center

                      (including transfer of funds)

    For necessary expenses for the Counterdrug Technology Assessment 
Center for research activities pursuant to the Office of National Drug 
Control Policy Reauthorization Act of 1998 (21 U.S.C. 1701 et seq.), 
$42,000,000, which shall remain available until expended, consisting of 
$18,000,000 for counternarcotics research and development projects, and 
$24,000,000 for the continued operation of the technology transfer 
program: Provided, That the $18,000,000 for counternarcotics research 
and development projects shall be available for transfer to other 
Federal departments or agencies.

[[Page 118 STAT. 3250]]

                      Federal Drug Control Programs

              High Intensity Drug Trafficking Areas Program

                      (including transfer of funds)

    For necessary expenses of the Office of National Drug Control 
Policy's High Intensity Drug Trafficking Areas Program, $228,350,000, 
for drug control activities consistent with the approved strategy for 
each of the designated High Intensity Drug Trafficking Areas, of which 
no less than 51 percent shall be transferred to State and local entities 
for drug control activities, which shall be obligated within 
120 <<NOTE: Deadline.>> days of the date of the enactment of this Act: 
Provided, That up to 49 percent, to remain available until September 30, 
2006, may be transferred to Federal agencies and departments at a rate 
to be determined by the Director, of which not less than $2,000,000 
shall be used for auditing services and associated activities, and at 
least $500,000 of the $2,000,000 shall be used to develop and implement 
a data collection system to measure the performance of the High 
Intensity Drug Trafficking Areas Program: Provided further, That High 
Intensity Drug Trafficking Areas Programs designated as of September 30, 
2004, shall be funded at no less than the fiscal year 2004 initial 
allocation levels unless the Director submits to the Committees on 
Appropriations, and the Committees approve, justification for changes in 
those levels based on clearly articulated priorities for the High 
Intensity Drug Trafficking Areas Programs, as well as published Office 
of National Drug Control Policy performance measures of effectiveness: 
Provided further, That a request shall be submitted in compliance with 
the reprogramming guidelines to the Committees on Appropriations for 
approval prior to the obligation of funds of an amount in excess of the 
fiscal year 2005 budget request: Provided further, That not to exceed 
$2,000,000 of the funds made available under this heading in excess of 
the fiscal year 2005 budget request shall be available for the 
Consolidated Priority Organization Target program.

                   Other Federal Drug Control Programs

                      (including transfer of funds)

    For activities to support a national anti-drug campaign for youth, 
and for other purposes, authorized by the Office of National Drug 
Control Policy Reauthorization Act of 1998 (21 U.S.C. 1701 et seq.), 
$213,700,000, to remain available until expended, of which the following 
amounts are available as follows: $120,000,000 to support a national 
media campaign, as authorized by the Drug-Free Media Campaign Act of 
1998; $80,000,000 to continue a program of matching grants to drug-free 
communities, of which $2,000,000 shall be a directed grant to the 
Community Anti-Drug Coalitions of America for the National Community 
Anti-Drug Coalition Institute, as authorized in chapter 2 of the 
National Narcotics Leadership Act of 1988, as amended; $2,000,000 for 
the Counterdrug Intelligence Executive Secretariat; $750,000 for the 
National Drug Court Institute; $1,000,000 for the National Alliance for 
Model State Drug Laws; $7,500,000 for the United States Anti-Doping 
Agency for anti-doping activities; $1,450,000 for the United States 
membership dues to the World Anti-Doping Agency; and $1,000,000

[[Page 118 STAT. 3251]]

for evaluations and research related to National Drug Control Program 
performance measures: Provided, That such funds may be transferred to 
other Federal departments and agencies to carry out such activities: 
Provided further, That of the amounts appropriated for a national media 
campaign, not to exceed 10 percent shall be for administration, 
advertising production, research and testing, labor and related costs of 
the national media campaign.

                           Unanticipated Needs

    For expenses necessary to enable the President to meet unanticipated 
needs, in furtherance of the national interest, security, or defense 
which may arise at home or abroad during the current fiscal year, as 
authorized by 3 U.S.C. 108, $1,000,000.

                   Special Assistance to the President

                          Salaries and Expenses

    For necessary expenses to enable the Vice President to provide 
assistance to the President in connection with specially assigned 
functions; services as authorized by 5 U.S.C. 3109 and 3 U.S.C. 106, 
including subsistence expenses as authorized by 3 U.S.C. 106, which 
shall be expended and accounted for as provided in that section; and 
hire of passenger motor vehicles, $4,571,000.

                Official Residence of the Vice President

                           Operating Expenses

                      (including transfer of funds)

    For the care, operation, refurnishing, improvement, and to the 
extent not otherwise provided for, heating and lighting, including 
electric power and fixtures, of the official residence of the Vice 
President; the hire of passenger motor vehicles; and not to exceed 
$90,000 for official entertainment expenses of the Vice President, to be 
accounted for solely on his certificate, $333,000: Provided, That 
advances or repayments or transfers from this appropriation may be made 
to any department or agency for expenses of carrying out such 
activities.

                                TITLE IV

                          INDEPENDENT AGENCIES

       Architectural and Transportation Barriers Compliance Board

                          Salaries and Expenses

    For expenses necessary for the Architectural and Transportation 
Barriers Compliance Board, as authorized by section 502 of the 
Rehabilitation Act of 1973, as amended, $5,686,000: Provided, That, 
notwithstanding any other provision of law, there may be credited to 
this appropriation funds received for publications and training 
expenses.

[[Page 118 STAT. 3252]]

                     Election Assistance Commission

                          Salaries and Expenses

                      (including transfer of funds)

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

                       Federal Election Commission

                          Salaries and Expenses

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

                    Federal Labor Relations Authority

                          Salaries and Expenses

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

                              (Rescission)

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

                       Federal Maritime Commission

                          Salaries and Expenses

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

[[Page 118 STAT. 3253]]

                     General Services Administration

                        Real Property Activities

                         Federal Buildings Fund

                 limitations on availability of revenue

                      (including transfer of funds)

    To carry out the purposes of the Fund established pursuant to 
section 210(f) of the Federal Property and Administrative Services Act 
of 1949, as amended (40 U.S.C. 592), the revenues and collections 
deposited into the Fund shall be available for necessary expenses of 
real property management and related activities not otherwise provided 
for, including operation, maintenance, and protection of federally owned 
and leased buildings; rental of buildings in the District of Columbia; 
restoration of leased premises; moving governmental agencies (including 
space adjustments and telecommunications relocation expenses) in 
connection with the assignment, allocation and transfer of space; 
contractual services incident to cleaning or servicing buildings, and 
moving; repair and alteration of federally owned buildings including 
grounds, approaches and appurtenances; care and safeguarding of sites; 
maintenance, preservation, demolition, and equipment; acquisition of 
buildings and sites by purchase, condemnation, or as otherwise 
authorized by law; acquisition of options to purchase buildings and 
sites; conversion and extension of federally owned buildings; 
preliminary planning and design of projects by contract or otherwise; 
construction of new buildings (including equipment for such buildings); 
and payment of principal, interest, and any other obligations for public 
buildings acquired by installment purchase and purchase contract; in the 
aggregate amount of $7,217,043,000, of which: (1) $708,542,000 shall 
remain available until expended for construction (including funds for 
sites and expenses and associated design and construction services) of 
additional projects at the following locations:
    New Construction:
            California:
                    Los Angeles, Federal Bureau of Investigation 
                Facility, $14,054,000.
                    Los Angeles, United States Courthouse, $314,385,000.
                    San Diego, United States Courthouse, $3,068,000.
            District of Columbia:
                    Southeast Federal Center Site Remediation, 
                $2,650,000.
            Illinois:
                    Chicago, 10 West Jackson Place (Purchase), 
                $53,170,000.
            Maine:
                    Calais, Border Station, $3,269,000.
                    Madawaska, Border Station, $1,760,000.
            Maryland:
                    Montgomery County, Food and Drug Administration 
                Consolidation, $88,710,000.
            Minnesota:
                    Warroad, Border Station, $1,837,000.
            New Mexico:

[[Page 118 STAT. 3254]]

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

Provided, That each of the foregoing limits of costs on new construction 
projects may be exceeded to the extent that savings are effected in 
other such projects, but not to exceed 10 percent of the amounts 
included in an approved prospectus, if required, unless advance approval 
is obtained from the Committees on Appropriations of a greater amount: 
Provided further, <<NOTE: Expiration date.>> That all funds for direct 
construction projects shall expire on September 30, 2006, and remain in 
the Federal Buildings Fund except for funds for projects as to which 
funds for design or other funds have been obligated in whole or in part 
prior to such date; (2) $980,222,000 shall remain available until 
expended for repairs and alterations, which includes associated design 
and construction services:

    Repairs and Alterations:
            District of Columbia:
                    Eisenhower Executive Office Building, $5,000,000.
                    Federal Office Building 6, $8,267,000.
                    Hoover FBI Building, $10,242,000.
                    Mary E. Switzer Building, $80,335,000.
                    New Executive Office Building, $6,262,000.
                    Steam Distribution System, $2,000,000.
                    Theodore Roosevelt Building, $9,730,000.
            Georgia:
                    Atlanta, Martin Luther King, Jr. Federal Building, 
                $14,800,000.
                    Atlanta, United States Court of Appeals, 
                $32,004,000.
            Hawaii:
                    Hilo, Federal Building, $5,133,000.
            Louisiana:
                    New Orleans, Boggs Federal Building, $22,581,000.
                    New Orleans, Wisdom Courthouse of Appeals, 
                $8,005,000.
            Maryland:
                    Baltimore, George H. Fallon Federal Building, 
                $46,163,000.
                    Suitland, National Record Center, $7,989,000.
                    Woodlawn, SSA Altmeyer Building, $6,300,000.
            Minnesota:
                    St. Paul, Warren E. Burger Federal Building--
                Courthouse, $36,644,000.
            Missouri:

[[Page 118 STAT. 3255]]

                    Kansas City, Richard Bolling Federal Building, 
                $40,048,000.
            New York:
                    New York, Foley Square Courthouse, $2,505,000.
                    Queens, Joseph P. Addabbo Federal Building, 
                $5,455,000.
            Ohio:
                    Cincinnati, Potter Stewart Courthouse, $37,975,000.
                    Cleveland, Celebreeze Federal Building, $37,375,000.
            Washington:
                    Seattle, William Nakamura Courthouse, $50,210,000.
            Special Emphasis Programs:
                    Chlorofluorocarbons Program, $13,000,000.
                    Energy Program, $30,000,000.
                    Glass Fragment Retention, $20,000,000.
            Design Program, $48,699,000.
            Basic Repairs and Alterations, $393,500,000:

Provided further, That funds made available in this or any previous Act 
in the Federal Buildings Fund for Repairs and Alterations shall, for 
prospectus projects, be limited to the amount identified for each 
project, except each project in this or any previous Act may be 
increased by an amount not to exceed 10 percent unless advance approval 
is obtained from the Committees on Appropriations of a greater amount: 
Provided further, That additional projects for which prospectuses have 
been fully approved may be funded under this category only if advance 
approval is obtained from the Committees on Appropriations: Provided 
further, That the amounts provided in this or any prior Act for 
``Repairs and Alterations'' may be used to fund costs associated with 
implementing security improvements to buildings necessary to meet the 
minimum standards for security in accordance with current law and in 
compliance with the reprogramming guidelines of the appropriate 
Committees of the House and Senate: Provided further, That the 
difference between the funds appropriated and expended on any projects 
in this or any prior Act, under the heading ``Repairs and Alterations'', 
may be transferred to Basic Repairs and Alterations or used to fund 
authorized increases in <<NOTE: Expiration date.>> prospectus projects: 
Provided further, That all funds for repairs and alterations prospectus 
projects shall expire on September 30, 2006, and remain in the Federal 
Buildings Fund except funds for projects as to which funds for design or 
other funds have been obligated in whole or in part prior to such date: 
Provided further, That the amount provided in this or any prior Act for 
Basic Repairs and Alterations may be used to pay claims against the 
Government arising from any projects under the heading ``Repairs and 
Alterations'' or used to fund authorized increases in prospectus 
projects; (3) $161,442,000 for installment acquisition payments 
including payments on purchase contracts which shall remain available 
until expended; (4) $3,657,315,000 for rental of space which shall 
remain available until expended; and (5) $1,709,522,000 for building 
operations which shall remain available until expended: Provided 
further, That funds available to the General Services Administration 
shall not be available for expenses of any construction, repair, 
alteration and acquisition project for which a prospectus, if required 
by the Public Buildings Act of 1959, as amended, has not been approved, 
except that necessary funds may be expended for each project for 
required expenses for the development of a proposed prospectus: Provided 
further,

[[Page 118 STAT. 3256]]

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

                           General Activities

                         Government-wide Policy

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

                           Operating Expenses

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

                       office of inspector general

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

[[Page 118 STAT. 3257]]

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

                       Electronic Government Fund

                      (including transfer of funds)

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

            Allowances and Office Staff for Former Presidents

                      (including transfer of funds)

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

           General Provisions--General Services Administration

                     (including recission of funds)

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

[[Page 118 STAT. 3258]]

courtroom utilization study of each facility to be constructed, 
replaced, or expanded.
    Sec. 405. None of the funds provided in this Act may be used to 
increase the amount of occupiable square feet, provide cleaning 
services, security enhancements, or any other service usually provided 
through the Federal Buildings Fund, to any agency that does not pay the 
rate per square foot assessment for space and services as determined by 
the General Services Administration in compliance with the Public 
Buildings Amendments Act of 1972 (Public Law 92-313).
    Sec. 406. From funds made available under the heading ``Federal 
Buildings Fund, Limitations on Availability of Revenue'', claims against 
the Government of less than $250,000 arising from direct construction 
projects and acquisition of buildings may be liquidated from savings 
effected in other construction projects with prior notification to the 
Committees on Appropriations.
    Sec. 407. Notwithstanding 40 U.S.C. 524, 571, and 572, the 
Administrator of General Services may sell the Middle River Depot at 
Middle River, Maryland, and credit the proceeds of such sale as 
offsetting collections to the Federal Buildings Fund, to be available, 
in addition to amounts otherwise appropriated for such Fund, for such 
capital activities of the Fund as the Administrator may deem 
appropriate: Provided, That the Administrator shall, to the maximum 
extent practicable, cooperate and consult with Baltimore County, 
Maryland officials and other interested persons in communities located 
near the Middle River Depot so that the sale and use of the property is 
compatible with local economic development plans and is not inconsistent 
with local land use, environmental and zoning laws.
    Sec. 408. Section 572(a)(2)(ii) of title 40, United States Code, is 
amended by inserting the following before the period: ``, highest and 
best use of property studies, utilization of property studies, deed 
compliance inspection, and the expenses incurred in a relocation''.
    Sec. 409. Of the amounts made available under the heading ``Federal 
Buildings Fund'' for New Construction and Repairs and Alterations in 
this or any prior Act, a total amount of $106,000,000 are rescinded: 
Provided, <<NOTE: Notification. Deadline.>> That the Administrator of 
General Services shall notify the Appropriations Committees of the House 
of Representatives and Senate of the specific projects, or parts 
thereof, from which funds have been rescinded within 30 days of 
enactment of this Act.

    Sec. 410. In order to address heightened security requirements for 
the proposed Moss United States Courthouse Annex project, the 
Administrator of General Services is authorized to acquire and demolish 
the real property, including land and improvements, located in Salt Lake 
City, Utah, at the corner of 400 South Street and West Temple, said land 
and improvements commonly known as the Shubrick Building; to use 
previously appropriated project funds to immediately initiate compliance 
procedures in accordance with the National Historic Preservation Act and 
the National Environmental Policy Act; and to redesign the proposed 
courthouse expansion to incorporate this new site.
    Sec. 411. Conveyance <<NOTE: Deadline.>> of Land to the Recreation 
and Park Commission for the Parish of East Baton Rouge, Louisiana. (a) 
Conveyance.--Not later than 60 days after the date of enactment of this 
Act, the Postmaster General of the United States

[[Page 118 STAT. 3259]]

Postal Service shall convey, for the consideration specified in 
subsection (b), the land described in subsection (d), including any 
improvements thereon, to the General Services Administration.

    (b) Purchase Price.--Upon the conveyance described in subsection 
(a), the Administrator of General Services shall pay the United States 
Postal Service a purchase price equaling the fair market value not to 
exceed $975,000, which price may be paid by cash or credited to the 
existing USPS/GSA property swap program.
    (c) Reconveyance.--Not <<NOTE: Deadline.>> later than 10 days after 
the conveyance described in subsection (a), the Administrator of General 
Services shall convey, without consideration by quitclaim deed and 
without recourse, the land described in subsection (d), including any 
improvements thereon, to the Recreation and Park Commission for the 
Parish of East Baton Rouge, Louisiana, for use as a downtown park or for 
other public purposes.

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

[[Page 118 STAT. 3260]]

(a) shall be determined by a survey satisfactory to the Administrator. 
The cost of the survey shall be borne by the purchaser.
    (e) Additional Terms and Conditions.--The Administrator may require 
such additional terms and conditions in connection with the conveyance 
under subsection (a) as the Administrator considers appropriate to 
protect the interests of the United States.
    Sec. 414. <<NOTE: Deadline.>> None of the funds appropriated by this 
Act or any other Act may be used after July 1, 2005 for the provision of 
any telecommunications service for any Federal Government owned 
building, unless such building is in compliance with a regulation or 
Executive order issued after the date of enactment of this section that 
requires, to the extent deemed appropriate by the President or his 
designee, the provision of telecommunications services using redundant 
and physically separate entry points to those buildings, and the use of 
physically diverse local network facilities for the provision of such 
telecommunications services.

                     Merit Systems Protection Board

                          Salaries and Expenses

                      (including transfer of funds)

    For necessary expenses to carry out functions of the Merit Systems 
Protection Board pursuant to Reorganization Plan Numbered 2 of 1978 and 
the Civil Service Reform Act of 1978, including services as authorized 
by 5 U.S.C. 3109, rental of conference rooms in the District of Columbia 
and elsewhere, hire of passenger motor vehicles, and direct procurement 
of survey printing, $34,677,000 together with not to exceed $2,626,000 
for administrative expenses to adjudicate retirement appeals to be 
transferred from the Civil Service Retirement and Disability Fund in 
amounts determined by the Merit Systems Protection Board.

  Morris K. Udall Scholarship and Excellence in National Environmental 
                            Policy Foundation

  Morris K. Udall Scholarship and Excellence in National Environmental 
                            Policy Trust Fund

                      (including transfer of funds)

    For payment to the Morris K. Udall Scholarship and Excellence in 
National Environmental Policy Trust Fund, pursuant to the Morris K. 
Udall Scholarship and Excellence in National Environmental and Native 
American Public Policy Act of 1992 (20 U.S.C. 5601 et seq.), $1,996,000, 
to remain available until expended, of which up to $50,000 shall be used 
to conduct financial audits pursuant to the Accountability of Tax 
Dollars Act of 2002 (Public Law 107-289) notwithstanding sections 8 and 
9 of Public Law 102-259: Provided, That up to 60 percent of such funds 
may be transferred by the Morris K. Udall Scholarship and Excellence in 
National Environmental Policy Foundation for the necessary expenses of 
the Native Nations Institute.

                  Environmental Dispute Resolution Fund

    For payment to the Environmental Dispute Resolution Fund to carry 
out activities authorized in the Environmental Policy and

[[Page 118 STAT. 3261]]

Conflict Resolution Act of 1998, $1,309,000, to remain available until 
expended.

              National Archives and Records Administration

                           Operating Expenses

    For necessary expenses in connection with the administration of the 
National Archives and Records Administration (including the Information 
Security Oversight Office) and archived Federal records and related 
activities, as provided by law, and for expenses necessary for the 
review and declassification of documents, and for the hire of passenger 
motor vehicles, $266,945,000: Provided, That the Archivist of the United 
States is authorized to use any excess funds available from the amount 
borrowed for construction of the National Archives facility, for 
expenses necessary to provide adequate storage for holdings.

                       Electronic Records Archives

    For necessary expenses in connection with the development of the 
electronic records archives, to include all direct project costs 
associated with research, analysis, design, development, and program 
management, $35,914,000.

                         Repairs and Restoration

    For the repair, alteration, and improvement of archives facilities, 
and to provide adequate storage for holdings, $13,432,000, to remain 
available until expended, of which $3,000,000 is for site preparation 
and construction management to construct a new regional archives and 
records facility in Anchorage, Alaska, and of which $2,000,000 is for 
the repair and restoration of the plaza that surrounds the Lyndon Baines 
Johnson Presidential Library that is under the joint control and custody 
of the University of Texas: Provided, That such funds may be transferred 
directly to the University and used, together with University funds, for 
repair and restoration of the plaza and remain available until expended 
for this purpose.

         National Historical Publications and Records Commission

                             grants program

    For necessary expenses for allocations and grants for historical 
publications and records as authorized by 44 U.S.C. 2504, as amended, 
$5,000,000, to remain available until expended.

                  National Transportation Safety Board

                          Salaries and Expenses

    For necessary expenses of the National Transportation Safety Board, 
including hire of passenger motor vehicles and aircraft; services as 
authorized by 5 U.S.C. 3109, but at rates for individuals not to exceed 
the per diem rate equivalent to the rate for a GS-15; uniforms, or 
allowances therefor, as authorized by law (5 U.S.C. 5901-5902) 
$76,700,000, of which not to exceed $2,000 may be used for official 
reception and representation expenses.

[[Page 118 STAT. 3262]]

                              (Rescission)

    Of the available unobligated balances made available under Public 
Law 106-246, $8,000,000 are rescinded.

                       Office of Government Ethics

                          Salaries and Expenses

    For necessary expenses to carry out functions of the Office of 
Government Ethics pursuant to the Ethics in Government Act of 1978, as 
amended and the Ethics Reform Act of 1989, including services as 
authorized by 5 U.S.C. 3109, rental of conference rooms in the District 
of Columbia and elsewhere, hire of passenger motor vehicles, and not to 
exceed $1,500 for official reception and representation expenses, 
$11,238,000.

                     Office of Personnel Management

                          Salaries and Expenses

                   (including transfer of trust funds)

    For necessary expenses to carry out functions of the Office of 
Personnel Management pursuant to Reorganization Plan Numbered 2 of 1978 
and the Civil Service Reform Act of 1978, including services as 
authorized by 5 U.S.C. 3109; medical examinations performed for veterans 
by private physicians on a fee basis; rental of conference rooms in the 
District of Columbia and elsewhere; hire of passenger motor vehicles; 
not to exceed $2,500 for official reception and representation expenses; 
advances for reimbursements to applicable funds of the Office of 
Personnel Management and the Federal Bureau of Investigation for 
expenses incurred under Executive Order No. 10422 of January 9, 1953, as 
amended; and payment of per diem and/or subsistence allowances to 
employees where Voting Rights Act activities require an employee to 
remain overnight at his or her post of duty, $125,500,000, of which 
$12,000,000 shall remain available until September 30, 2007; and in 
addition $128,462,000 for administrative expenses, to be transferred 
from the appropriate trust funds of the Office of Personnel Management 
without regard to other statutes, including direct procurement of 
printed materials, for the retirement and insurance programs, of which 
$27,640,000 shall remain available until expended for the cost of 
automating the retirement recordkeeping systems: Provided, That the 
provisions of this appropriation shall not affect the authority to use 
applicable trust funds as provided by sections 8348(a)(1)(B), and 
9004(f)(1)(A) and (2)(A) of title 5, United States Code: Provided 
further, That no part of this appropriation shall be available for 
salaries and expenses of the Legal Examining Unit of the Office of 
Personnel Management established pursuant to Executive Order No. 9358 of 
July 1, 1943, or any successor unit of like purpose: Provided further, 
That the President's Commission on White House Fellows, established by 
Executive Order No. 11183 of October 3, 1964, may, during fiscal year 
2005, accept donations of money, property, and personal services: 
Provided further, That such donations, including those from prior years, 
may be used for the development of publicity materials to provide 
information about the White House Fellows, except that no such donations 
shall be accepted for travel or reimbursement

[[Page 118 STAT. 3263]]

of travel expenses, or for the salaries of employees of such Commission.

                       Office of Inspector General

                          salaries and expenses

                   (including transfer of trust funds)

    For necessary expenses of the Office of Inspector General in 
carrying out the provisions of the Inspector General Act, as amended, 
including services as authorized by 5 U.S.C. 3109, hire of passenger 
motor vehicles, $1,627,000, and in addition, not to exceed $16,461,000 
for administrative expenses to audit, investigate, and provide other 
oversight of the Office of Personnel Management's retirement and 
insurance programs, to be transferred from the appropriate trust funds 
of the Office of Personnel Management, as determined by the Inspector 
General: Provided, That the Inspector General is authorized to rent 
conference rooms in the District of Columbia and elsewhere.

      Government Payment for Annuitants, Employees Health Benefits

    For payment of Government contributions with respect to retired 
employees, as authorized by chapter 89 of title 5, United States Code, 
and the Retired Federal Employees Health Benefits Act (74 Stat. 849), as 
amended, such sums as may be necessary.

       Government Payment for Annuitants, Employee Life Insurance

    For payment of Government contributions with respect to employees 
retiring after December 31, 1989, as required by chapter 87 of title 5, 
United States Code, such sums as may be necessary.

         Payment to Civil Service Retirement and Disability Fund

    For financing the unfunded liability of new and increased annuity 
benefits becoming effective on or after October 20, 1969, as authorized 
by 5 U.S.C. 8348, and annuities under special Acts to be credited to the 
Civil Service Retirement and Disability Fund, such sums as may be 
necessary: Provided, <<NOTE: 33 USC 776.>> That annuities authorized by 
the Act of May 29, 1944, as amended, and the Act of August 19, 1950, as 
amended (33 U.S.C. 771-775), may hereafter be paid out of the Civil 
Service Retirement and Disability Fund.

                        Office of Special Counsel

                          Salaries and Expenses

    For necessary expenses to carry out functions of the Office of 
Special Counsel pursuant to Reorganization Plan Numbered 2 of 1978, the 
Civil Service Reform Act of 1978 (Public Law 95-454), as amended, the 
Whistleblower Protection Act of 1989 (Public Law 101-12), as amended, 
Public Law 103-424, and the Uniformed Services Employment and 
Reemployment Act of 1994 (Public Law 103-353), including services as 
authorized by 5 U.S.C. 3109, payment of fees and expenses for witnesses, 
rental of conference rooms

[[Page 118 STAT. 3264]]

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

                      United States Postal Service

                   Payment to the Postal Service Fund

    For payment to the Postal Service Fund for revenue forgone on free 
and reduced rate mail, pursuant to subsections (c) and (d) of section 
2401 of title 39, United States Code, $90,709,000, of which $61,709,000 
shall not be available for obligation until October 1, 2005: Provided, 
That mail for overseas voting and mail for the blind shall continue to 
be <<NOTE: 39 USC 403 note.>> free: Provided further, That 6-day 
delivery and rural delivery of mail shall continue at not less than the 
1983 level: Provided further, That none of the funds made available to 
the Postal Service by this Act shall be used to implement any rule, 
regulation, or policy of charging any officer or employee of any State 
or local child support enforcement agency, or any individual 
participating in a State or local program of child support enforcement, 
a fee for information requested or provided concerning an address of a 
postal customer: Provided further, That none of the funds provided in 
this Act shall be used to consolidate or close small rural and other 
small post offices in fiscal year 2005.

                         EMERGENCY PREPAREDNESS

    For an additional amount for ``Payment to the Postal Service Fund'' 
for emergency expenses to enable the Postal Service to protect postal 
employees and postal customers from exposure to hazardous materials in 
the mail, $507,000,000, to remain available until expended: Provided, 
That the Postal Service shall submit a spending plan for funds under 
this heading to the Office of Management and Budget and the House and 
Senate Committees on Appropriations: Provided further, That the 
Government Accountability Office shall review the spending plan and 
capabilities of the systems to detect hazardous materials: Provided 
further, That $7,000,000 is for the mail irradiation facility in 
Washington, D.C.: Provided further, That the $7,000,000 specified for 
the mail irradiation facility is designated as an emergency requirement 
pursuant to section 402 of S. Con. Res. 95 (108th Congress), as made 
applicable to the House of Representatives by H. Res. 649 (108th 
Congress) and applicable to the Senate by section 14007 of Public Law 
108-287.

                         United States Tax Court

                          Salaries and Expenses

    For necessary expenses, including contract reporting and other 
services as authorized by 5 U.S.C. 3109, $41,180,000: Provided, That 
travel <<NOTE: 26 USC 7443 note.>> expenses of the judges shall be paid 
upon the written certificate of the judge.

[[Page 118 STAT. 3265]]

                                 TITLE V

                           GENERAL PROVISIONS

                                This Act

                     (Including Transfers of Funds)

    Sec. 501. Such sums as may be necessary for fiscal year 2005 pay 
raises for programs funded in this Act shall be absorbed within the 
levels appropriated in this Act or previous appropriations Acts.
    Sec. 502. None of the funds in this Act shall be used for the 
planning or execution of any program to pay the expenses of, or 
otherwise compensate, non-Federal parties intervening in regulatory or 
adjudicatory proceedings funded in this Act.
    Sec. 503. None of the funds appropriated in this Act shall remain 
available for obligation beyond the current fiscal year, nor may any be 
transferred to other appropriations, unless expressly so provided 
herein.
    Sec. 504. The expenditure of any appropriation under this Act for 
any consulting service through procurement contract pursuant to section 
3109 of title 5, United States Code, shall be limited to those contracts 
where such expenditures are a matter of public record and available for 
public inspection, except where otherwise provided under existing law, 
or under existing Executive order issued pursuant to existing law.
    Sec. 505. None of the funds made available in this Act may be 
transferred to any department, agency, or instrumentality of the United 
States Government, except pursuant to a transfer made by, or transfer 
authority provided in, this Act or any other appropriations Act.
    Sec. 506. None of the funds made available by this Act shall be 
available for any activity or for paying the salary of any Government 
employee where funding an activity or paying a salary to a Government 
employee would result in a decision, determination, rule, regulation, or 
policy that would prohibit the enforcement of section 307 of the Tariff 
Act of 1930.
    Sec. 507. No part of any appropriation contained in this Act shall 
be available to pay the salary for any person filling a position, other 
than a temporary position, formerly held by an employee who has left to 
enter the Armed Forces of the United States and has satisfactorily 
completed his period of active military or naval service, and has within 
90 days after his release from such service or from hospitalization 
continuing after discharge for a period of not more than 1 year, made 
application for restoration to his former position and has been 
certified by the Office of Personnel Management as still qualified to 
perform the duties of his former position and has not been restored 
thereto.
    Sec. 508. No funds appropriated pursuant to this Act may be expended 
by an entity unless the entity agrees that in expending the assistance 
the entity will comply with sections 2 through 4 of the Act of March 3, 
1933 (41 U.S.C. 10a-10c, popularly known as the ``Buy America Act'').
    Sec. 509. No funds appropriated or otherwise made available under 
this Act shall be made available to any person or entity that has been 
convicted of violating the Buy American Act (41 U.S.C. 10a-10c).

[[Page 118 STAT. 3266]]

    Sec. 510. None of the funds provided in this Act, provided by 
previous appropriations Acts to the agencies or entities funded in this 
Act that remain available for obligation or expenditure in fiscal year 
2005, or provided from any accounts in the Treasury derived by the 
collection of fees and available to the agencies funded by this Act, 
shall be available for obligation or expenditure through a reprogramming 
of funds that: (1) creates a new program; (2) eliminates a program, 
project, or activity; (3) increases funds or personnel for any program, 
project, or activity for which funds have been denied or restricted by 
the Congress; (4) proposes to use funds directed for a specific activity 
by either the House or Senate Committees on Appropriations for a 
different purpose; (5) augments existing programs, projects, or 
activities in excess of $5,000,000 or 10 percent, whichever is less; (6) 
reduces existing programs, projects, or activities by $5,000,000 or 10 
percent, whichever is less; or (7) creates, reorganizes, or restructures 
a branch, division, office, bureau, board, commission, agency, 
administration, or department different from the budget justifications 
submitted to the Committees on Appropriations or the table accompanying 
the statement of the managers accompanying this Act, whichever is more 
detailed, unless prior approval is received from the House and Senate 
Committees on Appropriations: 
Provided, <<NOTE: Deadline. Reports.>> That not later than 60 days after 
the date of enactment of this Act, each agency funded by this Act shall 
submit a report to the Committee on Appropriations of the Senate and of 
the House of Representatives to establish the baseline for application 
of reprogramming and transfer authorities for the current fiscal year: 
Provided further, That the report shall include: (1) a table for each 
appropriation with a separate column to display the President's budget 
request, adjustments made by Congress, adjustments due to enacted 
rescissions, if appropriate, and the fiscal year enacted level; (2) a 
delineation in the table for each appropriation both by object class and 
program, project, and activity as detailed in the budget appendix for 
the respective appropriation; and (3) an identification of items of 
special congressional interest: Provided further, That the amount 
appropriated or limited for salaries and expenses for an agency shall be 
reduced by $100,000 per day for each day after the required date that 
the report has not been submitted to the Congress.

    Sec. 511. Except as otherwise specifically provided by law, not to 
exceed 50 percent of unobligated balances remaining available at the end 
of fiscal year 2005 from appropriations made available for salaries and 
expenses for fiscal year 2005 in this Act, shall remain available 
through September 30, 2006, for each such account for the purposes 
authorized: Provided, That a request shall be submitted to the 
Committees on Appropriations for approval prior to the expenditure of 
such funds: Provided further, That these requests shall be made in 
compliance with reprogramming guidelines.
    Sec. 512. None of the funds made available in this Act may be used 
by the Executive Office of the President to request from the Federal 
Bureau of Investigation any official background investigation report on 
any individual, except when--
            (1) such individual has given his or her express written 
        consent for such request not more than 6 months prior to the 
        date of such request and during the same presidential 
        administration; or

[[Page 118 STAT. 3267]]

            (2) such request is required due to extraordinary 
        circumstances involving national security.

    Sec. 513. The cost accounting standards promulgated under section 26 
of the Office of Federal Procurement Policy Act (Public Law 93-400; 41 
U.S.C. 422) shall not apply with respect to a contract under the Federal 
Employees Health Benefits Program established under chapter 89 of title 
5, United States Code.
    Sec. 514. For the purpose of resolving litigation and implementing 
any settlement agreements regarding the nonforeign area cost-of-living 
allowance program, the Office of Personnel Management may accept and 
utilize (without regard to any restriction on unanticipated travel 
expenses imposed in an Appropriations Act) funds made available to the 
Office pursuant to court approval.
    Sec. 515. <<NOTE: Abortion.>> No funds appropriated by this Act 
shall be available to pay for an abortion, or the administrative 
expenses in connection with any health plan under the Federal employees 
health benefits program which provides any benefits or coverage for 
abortions.

    Sec. 516. The provision of section 515 shall not apply where the 
life of the mother would be endangered if the fetus were carried to 
term, or the pregnancy is the result of an act of rape or incest.
    Sec. 517. In order to promote Government access to commercial 
information technology, the restriction on purchasing nondomestic 
articles, materials, and supplies set forth in the Buy American Act (41 
U.S.C. 10a et seq.), shall not apply to the acquisition by the Federal 
Government of information technology (as defined in section 11101 of 
title 40, United States Code, that is a commercial item (as defined in 
section 4(12) of the Office of Federal Procurement Policy Act (41 U.S.C. 
403(12)).
    Sec. 518. <<NOTE: 25 USC 450 note.>> Public Law 108-199 is amended 
in division H, section 161, by inserting ``and all Federal agencies'' 
after ``Office of Management and Budget''.

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

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

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

    ``(a) In General.--Commencing <<NOTE: Reports. Deadline.>> with the 
issuance by the Tennessee Valley Authority of an annual report on 
Commission Form 10-K (or any successor thereto) for fiscal year 2006 and 
thereafter, the Tennessee Valley Authority shall file with the 
Commission, in accordance with such rules and regulations as the 
Commission has prescribed or may prescribe, such periodic, current, and 
supplementary information, documents, and reports as would be required 
pursuant to section 13 if the Tennessee Valley Authority were

[[Page 118 STAT. 3268]]

an issuer of a security registered pursuant to section 12. 
Notwithstanding the preceding sentence, the Tennessee Valley Authority 
shall not be required to register any securities under this title, and 
shall not be deemed to have registered any securities under this title.

    ``(b) Limited Treatment as Issuer.--Commencing with the issuance by 
the Tennessee Valley Authority of an annual report on Commission Form 
10-K (or any successor thereto) for fiscal year 2006 and thereafter, the 
Tennessee Valley Authority shall be deemed to be an issuer for purposes 
of section 10A, other than for subsection (m)(1) or (m)(3) of section 
10A. The Tennessee Valley Authority shall not be required by this 
subsection to comply with the rules issued by any national securities 
exchange or national securities association in response to rules issued 
by the Commission pursuant to section 10A(m)(1).
    ``(c) No Effect on TVA Authority.--Nothing in this section shall be 
construed to diminish, impair, or otherwise affect the authority of the 
Board of Directors of the Tennessee Valley Authority to carry out its 
statutory functions under the Tennessee Valley Authority Act of 1933.''.
    Sec. 521. Section 307 of the Denali Commission Act of 1998 (42 
U.S.C. 3121 note) is amended by adding at the end the following new 
subsection:
    ``(e) Docks, Waterfront Transportation Development, and Related 
Infrastructure Projects.--The Secretary of Transportation is authorized 
to make direct lump sum payments to the Commission to construct docks, 
waterfront development projects, and related transportation 
infrastructure, provided the local community provides a ten percent non-
Federal match in the form of any necessary land or planning and design 
funds. To carry out this section, there is authorized to be appropriated 
such sums as may be necessary.''.
    Sec. 522. <<NOTE: 5 USC 552a note.>> (a) Privacy Officer.--Each 
agency shall have a Chief Privacy Officer to assume primary 
responsibility for privacy and data protection policy, including--
            (1) assuring that the use of technologies sustain, and do 
        not erode, privacy protections relating to the use, collection, 
        and disclosure of information in an identifiable form;
            (2) assuring that technologies used to collect, use, store, 
        and disclose information in identifiable form allow for 
        continuous auditing of compliance with stated privacy policies 
        and practices governing the collection, use and distribution of 
        information in the operation of the program;
            (3) assuring that personal information contained in Privacy 
        Act systems of records is handled in full compliance with fair 
        information practices as defined in the Privacy Act of 1974;
            (4) evaluating legislative and regulatory proposals 
        involving collection, use, and disclosure of personal 
        information by the Federal Government;
            (5) conducting a privacy impact assessment of proposed rules 
        of the Department on the privacy of information in an 
        identifiable form, including the type of personally identifiable 
        information collected and the number of people affected;
            (6) <<NOTE: Reports. Deadline.>> preparing a report to 
        Congress on an annual basis on activities of the Department that 
        affect privacy, including complaints of privacy violations, 
        implementation of section 552a

[[Page 118 STAT. 3269]]

        of title 5, 11 United States Code, internal controls, and other 
        relevant matters;
            (7) ensuring that the Department protects information in an 
        identifiable form and information systems from unauthorized 
        access, use, disclosure, disruption, modification, or 
        destruction;
            (8) training and educating employees on privacy and data 
        protection policies to promote awareness of and compliance with 
        established privacy and data protection policies; and
            (9) ensuring compliance with the Departments established 
        privacy and data protection policies.

    (b) Establishing Privacy and Data Protection Procedures and 
Policies.--
            (1) In general.--Within 12 months of enactment of this Act, 
        each agency shall establish and implement comprehensive privacy 
        and data protection procedures governing the agency's 
        collection, use, sharing, disclosure, transfer, storage and 
        security of information in an identifiable form relating to the 
        agency employees and the public. Such procedures shall be 
        consistent with legal and regulatory guidance, including OMB 
        regulations, the Privacy Act of 1974, and section 208 of the E-
        Government Act of 2002.

    (c) Recording.--Each <<NOTE: Reports.>> agency shall prepare a 
written report of its use of information in an identifiable form, along 
with its privacy and data protection policies and procedures and record 
it with the Inspector General of the agency to serve as a benchmark for 
the agency. Each report shall be signed by the agency privacy officer to 
verify that the agency intends to comply with the procedures in the 
report. By signing the report the privacy officer also verifies that the 
agency is only using information in identifiable form as detailed in the 
report.

    (d) Independent, Third-Party Review.--
            (1) In general.--At <<NOTE: Deadlines.>> least every 2 
        years, each agency shall have performed an independent, third 
        party review of the use of information in identifiable form as 
        the privacy and data protection procedures of the agency to--
                    (A) determine the accuracy of the description of the 
                use of information in identifiable form;
                    (B) determine the effectiveness of the privacy and 
                data protection procedures;
                    (C) ensure compliance with the stated privacy and 
                data protection policies of the agency and applicable 
                laws and regulations; and
                    (D) ensure that all technologies used to collect, 
                use, store, and disclose information in identifiable 
                form allow for continuous auditing of compliance with 
                stated privacy policies and practices governing the 
                collection, use and distribution of information in the 
                operation of the program.
            (2) Purposes.--The purposes of reviews under this subsection 
        are to--
                    (A) ensure the agency's description of the use of 
                information in an identifiable form is accurate and 
                accounts for the agency's current technology and its 
                processing of information in an identifiable form;
                    (B) measure actual privacy and data protection 
                practices against the agency's recorded privacy and data 
                protection procedures;

[[Page 118 STAT. 3270]]

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

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

    (f) Definition.--In this section, the definition of ``identifiable 
form'' is consistent with Public Law 107-347, the E-Government Act of 
2002, and means any representation of information that permits the 
identity of an individual to whom the information applies to be 
reasonably inferred by either direct or indirect means.
    Sec. 523. None of the funds made available under this Act may be 
obligated or expended to establish or implement a pilot program under 
which not more than 10 designated essential air service communities 
located in proximity to hub airports are required to assume 10 percent 
of their essential air subsidy costs for a 4-year period commonly 
referred to as the EAS local participation program.

[[Page 118 STAT. 3271]]

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

[[Page 118 STAT. 3272]]

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

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

                                TITLE VI

                           GENERAL PROVISIONS

                 Departments, Agencies, and Corporations

    Sec. 601. Funds appropriated in this or any other Act may be used to 
pay travel to the United States for the immediate family of employees 
serving abroad in cases of death or life threatening illness of said 
employee.
    Sec. 602. No department, agency, or instrumentality of the United 
States receiving appropriated funds under this or any other Act for 
fiscal year 2005 shall obligate or expend any such funds, unless such 
department, agency, or instrumentality has in place, and will continue 
to administer in good faith, a written policy designed to ensure that 
all of its workplaces are free from the illegal use, possession, or 
distribution of controlled substances (as defined in the Controlled 
Substances Act) by the officers and employees of such department, 
agency, or instrumentality.
    Sec. 603. <<NOTE: 31 USC 1343 note.>> Unless otherwise specifically 
provided, the maximum amount allowable during the current fiscal year in 
accordance with section 16 of the Act of August 2, 1946 (60 Stat. 810), 
for the purchase of any passenger motor vehicle (exclusive of buses, 
ambulances, law enforcement, and undercover surveillance vehicles), is 
hereby fixed at $8,100 except station wagons for which the maximum shall 
be $9,100: Provided, That these limits may be exceeded

[[Page 118 STAT. 3273]]

by not to exceed $3,700 for police-type vehicles, and by not to exceed 
$4,000 for special heavy-duty vehicles: Provided further, That the 
limits set forth in this section may not be exceeded by more than 5 
percent for electric or hybrid vehicles purchased for demonstration 
under the provisions of the Electric and Hybrid Vehicle Research, 
Development, and Demonstration Act of 1976: Provided further, That the 
limits set forth in this section may be exceeded by the incremental cost 
of clean alternative fuels vehicles acquired pursuant to Public Law 101-
549 over the cost of comparable conventionally fueled vehicles.

    Sec. 604. Appropriations of the executive departments and 
independent establishments for the current fiscal year available for 
expenses of travel, or for the expenses of the activity concerned, are 
hereby made available for quarters allowances and cost-of-living 
allowances, in accordance with 5 U.S.C. 5922-5924.
    Sec. 605. <<NOTE: 5 USC 3101 note.>> Unless otherwise specified 
during the current fiscal year, no part of any appropriation contained 
in this or any other Act shall be used to pay the compensation of any 
officer or employee of the Government of the United States (including 
any agency the majority of the stock of which is owned by the Government 
of the United States) whose post of duty is in the continental United 
States unless such person: (1) is a citizen of the United States; (2) is 
a person in the service of the United States on the date of the 
enactment of this Act who, being eligible for citizenship, has filed a 
declaration of intention to become a citizen of the United States prior 
to such date and is actually residing in the United States; (3) is a 
person who owes allegiance to the United States; (4) is an alien from 
Cuba, Poland, South Vietnam, the countries of the former Soviet Union, 
or the Baltic countries lawfully admitted to the United States for 
permanent residence; (5) is a South Vietnamese, Cambodian, or Laotian 
refugee paroled in the United States after January 1, 1975; or (6) is a 
national of the People's Republic of China who qualifies for adjustment 
of status pursuant to the Chinese Student Protection Act of 1992: 
Provided, That for the purpose of this section, an affidavit signed by 
any such person shall be considered prima facie evidence that the 
requirements of this section with respect to his or her status have been 
complied with: Provided further, That any person making a false 
affidavit shall be guilty of a felony, and, upon conviction, shall be 
fined no more than $4,000 or imprisoned for not more than 1 year, or 
both: Provided further, That the above penal clause shall be in addition 
to, and not in substitution for, any other provisions of existing law: 
Provided further, That any payment made to any officer or employee 
contrary to the provisions of this section shall be recoverable in 
action by the Federal Government. This section shall not apply to 
citizens of Ireland, Israel, or the Republic of the Philippines, or to 
nationals of those countries allied with the United States in a current 
defense effort, or to international broadcasters employed by the United 
States Information Agency, or to temporary employment of translators, or 
to temporary employment in the field service (not to exceed 60 days) as 
a result of emergencies.

    Sec. 606. Appropriations available to any department or agency 
during the current fiscal year for necessary expenses, including 
maintenance or operating expenses, shall also be available for payment 
to the General Services Administration for charges for space and 
services and those expenses of renovation and alteration of

[[Page 118 STAT. 3274]]

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

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

[[Page 118 STAT. 3275]]

in section 4 of the Act of June 1, 1948, as amended (62 Stat. 281; 40 
U.S.C. 318c).
    Sec. 612. None of the funds made available pursuant to the 
provisions of this Act shall be used to implement, administer, or 
enforce any regulation which has been disapproved pursuant to a 
resolution of disapproval duly adopted in accordance with the applicable 
law of the United States.
    Sec. 613. (a) <<NOTE: 5 USC 5343 note.>> Notwithstanding any other 
provision of law, and except as otherwise provided in this section, no 
part of any of the funds appropriated for fiscal year 2005, by this or 
any other Act, may be used to pay any prevailing rate employee described 
in section 5342(a)(2)(A) of title 5, United States Code--
            (1) during the period from the date of expiration of the 
        limitation imposed by the comparable section for previous fiscal 
        years until the normal effective date of the applicable wage 
        survey adjustment that is to take effect in fiscal year 2005, in 
        an amount that exceeds the rate payable for the applicable grade 
        and step of the applicable wage schedule in accordance with such 
        section; and
            (2) during the period consisting of the remainder of fiscal 
        year 2005, in an amount that exceeds, as a result of a wage 
        survey adjustment, the rate payable under paragraph (1) by more 
        than the sum of--
                    (A) the percentage adjustment taking effect in 
                fiscal year 2005 under section 5303 of title 5, United 
                States Code, in the rates of pay under the General 
                Schedule; and
                    (B) the difference between the overall average 
                percentage of the locality-based comparability payments 
                taking effect in fiscal year 2005 under section 5304 of 
                such title (whether by adjustment or otherwise), and the 
                overall average percentage of such payments which was 
                effective in the previous fiscal year under such 
                section.

    (b) Notwithstanding any other provision of law, no prevailing rate 
employee described in subparagraph (B) or (C) of section 5342(a)(2) of 
title 5, United States Code, and no employee covered by section 5348 of 
such title, may be paid during the periods for which subsection (a) is 
in effect at a rate that exceeds the rates that would be payable under 
subsection (a) were subsection (a) applicable to such employee.
    (c) For the purposes of this section, the rates payable to an 
employee who is covered by this section and who is paid from a schedule 
not in existence on September 30, 2004, shall be determined under 
regulations prescribed by the Office of Personnel Management.
    (d) Notwithstanding any other provision of law, rates of premium pay 
for employees subject to this section may not be changed from the rates 
in effect on September 30, 2004, except to the extent determined by the 
Office of Personnel Management to be consistent with the purpose of this 
section.
    (e) <<NOTE: Applicability.>> This section shall apply with respect 
to pay for service performed after September 30, 2004.

    (f) For the purpose of administering any provision of law (including 
any rule or regulation that provides premium pay, retirement, life 
insurance, or any other employee benefit) that requires any deduction or 
contribution, or that imposes any requirement or limitation on the basis 
of a rate of salary or basic pay, the

[[Page 118 STAT. 3276]]

rate of salary or basic pay payable after the application of this 
section shall be treated as the rate of salary or basic pay.
    (g) Nothing in this section shall be considered to permit or require 
the payment to any employee covered by this section at a rate in excess 
of the rate that would be payable were this section not in effect.
    (h) The Office of Personnel Management may provide for exceptions to 
the limitations imposed by this section if the Office determines that 
such exceptions are necessary to ensure the recruitment or retention of 
qualified employees.
    Sec. 614. During the period in which the head of any department or 
agency, or any other officer or civilian employee of the Government 
appointed by the President of the United States, holds office, no funds 
may be obligated or expended in excess of $5,000 to furnish or 
redecorate the office of such department head, agency head, officer, or 
employee, or to purchase furniture or make improvements for any such 
office, unless advance notice of such furnishing or redecoration is 
expressly approved by the Committees on Appropriations. For the purposes 
of this section, the term ``office'' shall include the entire suite of 
offices assigned to the individual, as well as any other space used 
primarily by the individual or the use of which is directly controlled 
by the individual.
    Sec. 615. Notwithstanding section 1346 of title 31, United States 
Code, or section 610 of this Act, funds made available for the current 
fiscal year by this or any other Act shall be available for the 
interagency funding of national security and emergency preparedness 
telecommunications initiatives which benefit multiple Federal 
departments, agencies, or entities, as provided by Executive Order No. 
12472 (April 3, 1984).
    Sec. 616. (a) None of the funds appropriated by this or any other 
Act may be obligated or expended by any Federal department, agency, or 
other instrumentality for the salaries or expenses of any employee 
appointed to a position of a confidential or policy-determining 
character excepted from the competitive service pursuant to section 3302 
of title 5, United States Code, without a certification to the Office of 
Personnel Management from the head of the Federal department, agency, or 
other instrumentality employing the Schedule C appointee that the 
Schedule C position was not created solely or primarily in order to 
detail the employee to the White House.
    (b) The provisions of this section shall not apply to Federal 
employees or members of the armed services detailed to or from--
            (1) the Central Intelligence Agency;
            (2) the National Security Agency;
            (3) the Defense Intelligence Agency;
            (4) the offices within the Department of Defense for the 
        collection of specialized national foreign intelligence through 
        reconnaissance programs;
            (5) the Bureau of Intelligence and Research of the 
        Department of State;
            (6) any agency, office, or unit of the Army, Navy, Air 
        Force, and Marine Corps, the Department of Homeland Security, 
        the Federal Bureau of Investigation and the Drug Enforcement 
        Administration of the Department of Justice, the Department of 
        Transportation, the Department of the Treasury, and the 
        Department of Energy performing intelligence functions; and

[[Page 118 STAT. 3277]]

            (7) the Director of Central Intelligence.

    Sec. 617. No department, agency, or instrumentality of the United 
States receiving appropriated funds under this or any other Act for the 
current fiscal year shall obligate or expend any such funds, unless such 
department, agency, or instrumentality has in place, and will continue 
to administer in good faith, a written policy designed to ensure that 
all of its workplaces are free from discrimination and sexual harassment 
and that all of its workplaces are not in violation of title VII of the 
Civil Rights Act of 1964, as amended, the Age Discrimination in 
Employment Act of 1967, and the Rehabilitation Act of 1973.
    Sec. 618. No part of any appropriation contained in this or any 
other Act shall be available for the payment of the salary of any 
officer or employee of the Federal Government, who--
            (1) prohibits or prevents, or attempts or threatens to 
        prohibit or prevent, any other officer or employee of the 
        Federal Government from having any direct oral or written 
        communication or contact with any Member, committee, or 
        subcommittee of the Congress in connection with any matter 
        pertaining to the employment of such other officer or employee 
        or pertaining to the department or agency of such other officer 
        or employee in any way, irrespective of whether such 
        communication or contact is at the initiative of such other 
        officer or employee or in response to the request or inquiry of 
        such Member, committee, or subcommittee; or
            (2) removes, suspends from duty without pay, demotes, 
        reduces in rank, seniority, status, pay, or performance of 
        efficiency rating, denies promotion to, relocates, reassigns, 
        transfers, disciplines, or discriminates in regard to any 
        employment right, entitlement, or benefit, or any term or 
        condition of employment of, any other officer or employee of the 
        Federal Government, or attempts or threatens to commit any of 
        the foregoing actions with respect to such other officer or 
        employee, by reason of any communication or contact of such 
        other officer or employee with any Member, committee, or 
        subcommittee of the Congress as described in paragraph (1).

    Sec. 619. (a) None of the funds made available in this or any other 
Act may be obligated or expended for any employee training that--
            (1) does not meet identified needs for knowledge, skills, 
        and abilities bearing directly upon the performance of official 
        duties;
            (2) contains elements likely to induce high levels of 
        emotional response or psychological stress in some participants;
            (3) does not require prior employee notification of the 
        content and methods to be used in the training and written end 
        of course evaluation;
            (4) contains any methods or content associated with 
        religious or quasi-religious belief systems or ``new age'' 
        belief systems as defined in Equal Employment Opportunity 
        Commission Notice N-915.022, dated September 2, 1988; or
            (5) is offensive to, or designed to change, participants' 
        personal values or lifestyle outside the workplace.

    (b) Nothing in this section shall prohibit, restrict, or otherwise 
preclude an agency from conducting training bearing directly upon the 
performance of official duties.

[[Page 118 STAT. 3278]]

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

[[Page 118 STAT. 3279]]

    Sec. 625. (a) In this section the term ``agency''--
            (1) means an Executive agency as defined under section 105 
        of title 5, United States Code;
            (2) includes a military department as defined under section 
        102 of such title, the Postal Service, and the Postal Rate 
        Commission; and
            (3) shall not include the Government Accountability Office.

    (b) Unless authorized in accordance with law or regulations to use 
such time for other purposes, an employee of an agency shall use 
official time in an honest effort to perform official duties. An 
employee not under a leave system, including a Presidential appointee 
exempted under section 6301(2) of title 5, United States Code, has an 
obligation to expend an honest effort and a reasonable proportion of 
such employee's time in the performance of official duties.
    Sec. 626. Notwithstanding 31 U.S.C. 1346 and section 610 of this 
Act, funds made available for the current fiscal year by this or any 
other Act to any department or agency, which is a member of the Joint 
Financial Management Improvement Program (JFMIP), shall be available to 
finance an appropriate share of JFMIP administrative costs, as 
determined by the JFMIP, but not to exceed a total of $800,000 including 
the salary of the Executive Director and staff support.
    Sec. 627. Notwithstanding 31 U.S.C. 1346 and section 610 of this 
Act, the head of each Executive department and agency is hereby 
authorized to transfer to or reimburse ``General Services 
Administration, Government-wide Policy'' with the approval of the 
Director of the Office of Management and Budget, funds made available 
for the current fiscal year by this or any other Act, including rebates 
from charge card and other contracts: Provided, That these funds shall 
be administered by the Administrator of General Services to support 
Government-wide financial, information technology, procurement, and 
other management innovations, initiatives, and activities, as approved 
by the Director of the Office of Management and Budget, in consultation 
with the appropriate interagency groups designated by the Director 
(including the Chief Financial Officers Council and the Joint Financial 
Management Improvement Program for financial management initiatives, the 
Chief Information Officers Council for information technology 
initiatives, the Chief Human Capital Officers Council for human capital 
initiatives, and the Federal Acquisition Council for procurement 
initiatives). The total funds transferred or reimbursed shall not exceed 
$17,000,000. Such transfers or reimbursements may only be made 15 days 
following notification of the Committees on Appropriations by the 
Director of the Office of Management and Budget.
    Sec. 628. None of the funds made available in this or any other Act 
may be used by the Office of Personnel Management or any other 
department or agency of the Federal Government to prohibit any agency 
from using appropriated funds as they see fit to independently contract 
with private companies to provide online employment applications and 
processing services.
    Sec. 629. Notwithstanding any other provision of law, a woman may 
breastfeed her child at any location in a Federal building or on Federal 
property, if the woman and her child are otherwise authorized to be 
present at the location.
    Sec. 630. Nothwithstanding section 1346 of title 31, United States 
Code, or section 610 of this Act, funds made available for

[[Page 118 STAT. 3280]]

the current fiscal year by this or any other Act shall be available for 
the interagency funding of specific projects, workshops, studies, and 
similar efforts to carry out the purposes of the National Science and 
Technology Council (authorized by Executive Order No. 12881), which 
benefit multiple Federal departments, agencies, or entities: 
Provided, <<NOTE: Reports.>> That the Office of Management and Budget 
shall provide a report describing the budget of and resources connected 
with the National Science and Technology Council to the Committees on 
Appropriations, the House Committee on Science; and the Senate Committee 
on Commerce, Science, and Transportation 90 days after enactment of this 
Act.

    Sec. 631. Any request for proposals, solicitation, grant 
application, form, notification, press release, or other publications 
involving the distribution of Federal funds shall indicate the agency 
providing the funds, the Catalog of Federal Domestic Assistance Number, 
as applicable, and the amount provided: Provided, That this provision 
shall apply to direct payments, formula funds, and grants received by a 
State receiving Federal funds.
    Sec. 632. Subsection (f) of section 403 of Public Law 103-356 (31 
U.S.C. 501 note), as amended, is further amended by striking ``October 
1, 2004'' and inserting ``October 1, 2005''.
    Sec. 633. (a) Prohibition of Federal Agency Monitoring of 
Individuals' Internet Use.--None of the funds made available in this or 
any other Act may be used by any Federal agency--
            (1) to collect, review, or create any aggregation of data, 
        derived from any means, that includes any personally 
        identifiable information relating to an individual's access to 
        or use of any Federal Government Internet site of the agency; or
            (2) to enter into any agreement with a third party 
        (including another government agency) to collect, review, or 
        obtain any aggregation of data, derived from any means, that 
        includes any personally identifiable information relating to an 
        individual's access to or use of any nongovernmental Internet 
        site.

    (b) Exceptions.--The limitations established in subsection (a) shall 
not apply to--
            (1) any record of aggregate data that does not identify 
        particular persons;
            (2) any voluntary submission of personally identifiable 
        information;
            (3) any action taken for law enforcement, regulatory, or 
        supervisory purposes, in accordance with applicable law; or
            (4) any action described in subsection (a)(1) that is a 
        system security action taken by the operator of an Internet site 
        and is necessarily incident to the rendition of the Internet 
        site services or to the protection of the rights or property of 
        the provider of the Internet site.

    (c) Definitions.--For the purposes of this section:
            (1) The term ``regulatory'' means agency actions to 
        implement, interpret or enforce authorities provided in law.
            (2) The term ``supervisory'' means examinations of the 
        agency's supervised institutions, including assessing safety and 
        soundness, overall financial condition, management practices and 
        policies and compliance with applicable standards as provided in 
        law.

    Sec. 634. (a) None of the funds appropriated by this Act may be used 
to enter into or renew a contract which includes a provision

[[Page 118 STAT. 3281]]

providing prescription drug coverage, except where the contract also 
includes a provision for contraceptive coverage.
    (b) Nothing in this section shall apply to a contract with--
            (1) any of the following religious plans:
                    (A) Personal Care's HMO; and
                    (B) OSF Health Plans, Inc.; and
            (2) any existing or future plan, if the carrier for the plan 
        objects to such coverage on the basis of religious beliefs.

    (c) In implementing this section, any plan that enters into or 
renews a contract under this section may not subject any individual to 
discrimination on the basis that the individual refuses to prescribe or 
otherwise provide for contraceptives because such activities would be 
contrary to the individual's religious beliefs or moral convictions.
    (d) Nothing in this section shall be construed to require coverage 
of abortion or abortion-related services.
    Sec. 635. <<NOTE: Sports. Drugs and drug abuse.>> The Congress of 
the United States recognizes the United States Anti-Doping Agency 
(USADA) as the official anti-doping agency for Olympic, Pan American, 
and Paralympic sport in the United States.

    Sec. 636. Notwithstanding any other provision of law, funds 
appropriated for official travel by Federal departments and agencies may 
be used by such departments and agencies, if consistent with Office of 
Management and Budget Circular A-126 regarding official travel for 
Government personnel, to participate in the fractional aircraft 
ownership pilot program.
    Sec. 637. <<NOTE: 18 USC 4124 note.>> None of the funds made 
available under this or any other Act for fiscal year 2005 and each 
fiscal year thereafter shall be expended for the purchase of a product 
or service offered by Federal Prison Industries, Inc., unless the agency 
making such purchase determines that such offered product or service 
provides the best value to the buying agency pursuant to governmentwide 
procurement regulations, issued pursuant to section 25(c)(1) of the 
Office of Federal Procurement Act (41 U.S.C. 421(c)(1)) that impose 
procedures, standards, and limitations of section 2410n of title 10, 
United States Code.

    Sec. 638. Notwithstanding any other provision of law, none of the 
funds appropriated or made available under this Act or any other 
appropriations Act may be used to implement or enforce restrictions or 
limitations on the Coast Guard Congressional Fellowship Program, or to 
implement the proposed regulations of the Office of Personnel Management 
to add sections 300.311 through 300.316 to part 300 of title 5 of the 
Code of Federal Regulations, published in the Federal Register, volume 
68, number 174, on September 9, 2003 (relating to the detail of 
executive branch employees to the legislative branch).
    Sec. 639. <<NOTE: 5 USC 5701 note.>> Each Executive department and 
agency shall evaluate the creditworthiness of an individual before 
issuing the individual a government purchase charge card or government 
travel charge card. The department or agency may not issue a government 
purchase charge card or government travel charge card to an individual 
that either lacks a credit history or is found to have an unsatisfactory 
credit history as a result of this evaluation: Provided, That this 
restriction shall not preclude issuance of a restricted-use charge, 
debit, or stored value card made in accordance with agency procedures 
to: (1) an individual with an unsatisfactory credit history where such 
card is used to pay travel expenses and the agency

[[Page 118 STAT. 3282]]

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

    Sec. 640. (a) <<NOTE: Effective date. 5 USC 5303 note.>> The 
adjustment in rates of basic pay for employees under the statutory pay 
systems that takes effect in fiscal year 2005 under sections 5303 and 
5304 of title 5, United States Code, shall be an increase of 3.5 
percent, and this adjustment shall apply to civilian employees in the 
Department of Defense and the Department of Homeland Security and such 
adjustments shall be effective as of the first day of the first 
applicable pay period beginning on or after January 1, 2005.

    (b) Notwithstanding section 613 of this Act, the adjustment in rates 
of basic pay for the statutory pay systems that take place in fiscal 
year 2005 under sections 5344 and 5348 of title 5, United States Code, 
shall be no less than the percentage in paragraph (a) as employees in 
the same location whose rates of basic pay are adjusted pursuant to the 
statutory pay systems under section 5303 and 5304 of title 5, United 
States Code. Prevailing rate employees at locations where there are no 
employees whose pay is increased pursuant to sections 5303 and 5304 of 
title 5 and prevailing rate employees described in section 5343(a)(5) of 
title 5 shall be considered to be located in the pay locality designated 
as ``Rest of US'' pursuant to section 5304 of title 5 for purposes of 
this paragraph.
    (c) Funds used to carry out this section shall be paid from 
appropriations, which are made to each applicable department or agency 
for salaries and expenses for fiscal year 2005.
    Sec. 641. (a) <<NOTE: Deadline. Reports.>> Not later than 180 days 
after the end of the fiscal year, the head of each Federal agency shall 
submit a report to Congress on the amount of the acquisitions made by 
the agency from entities that manufacture the articles, materials, or 
supplies outside of the United States in that fiscal year.

    (b) The report required by subsection (a) shall separately 
indicate--
            (1) the dollar value of any articles, materials, or supplies 
        purchased that were manufactured outside of the United States;
            (2) an itemized list of all waivers granted with respect to 
        such articles, materials, or supplies under the Buy American Act 
        (41 U.S.C. 10a et seq.); and
            (3) a summary of the total procurement funds spent on goods 
        manufactured in the United States versus funds spent on goods 
        manufactured outside of the United States.

    (c) <<NOTE: Public information.>> The head of each Federal agency 
submitting a report under subsection (a) shall make the report publicly 
available to the maximum extent practicable.

    (d) This section shall not apply to acquisitions made by an agency, 
or component thereof, that is an element of the intelligence community 
as set forth in or designated under section 3(4) of the National 
Security Act of 1947 (50 U.S.C. 401a(4)).

[[Page 118 STAT. 3283]]

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

[[Page 118 STAT. 3284]]

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

[[Page 118 STAT. 3285]]

    Sec. 644. Notwithstanding section 1346 of title 31, United States 
Code, and section 610 of this Act and any other provision of law, the 
head of each appropriate executive department and agency shall transfer 
to or reimburse the Federal Aviation Administration, upon the direction 
of the Director of the Office of Management and Budget, funds made 
available by this or any other Act for the purposes described below, and 
shall submit budget requests for such purposes. These funds shall be 
administered by the Federal Aviation Administration, in consultation 
with the appropriate interagency groups designated by the Director and 
shall be used to ensure the uninterrupted, continuous operation of the 
Midway Atoll Airfield by the Federal Aviation Administration pursuant to 
an operational agreement with the Department of the Interior for the 
entirety of fiscal year 2005 and any period thereafter that precedes the 
enactment of the Transportation, Treasury, and Independent Agencies 
Appropriations Act, 2006. The Director of the Office of Management and 
Budget shall mandate the necessary transfers after determining an 
equitable allocation between the appropriate executive departments and 
agencies of the responsibility for funding the continuous operation of 
the Midway Atoll Airfield based on, but not limited to, potential use, 
interest in maintaining aviation safety, and applicability to 
governmental operations and agency mission. The total funds transferred 
or reimbursed shall not exceed $6,000,000 for any twelve-month period. 
Such sums shall be sufficient to ensure continued operation of the 
airfield throughout the period cited above. Funds shall be available for 
operation of the airfield or airfield-related capital 
upgrades. <<NOTE: Notification. Deadline.>> The Director of the Office 
of Management and Budget shall notify the Committees on Appropriations 
of such transfers or reimbursements within 15 days of this 
Act. <<NOTE: Deadline.>> Such transfers or reimbursements shall begin 
within 30 days of enactment of this Act.

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

  DIVISION I--DEPARTMENTS <<NOTE: Departments of Veterans Affairs and 
 Housing and Urban Development, and Independent Agencies Appropriations 
Act, 2005.>> OF VETERANS AFFAIRS AND HOUSING AND URBAN DEVELOPMENT, AND 
INDEPENDENT AGENCIES APPROPRIATIONS ACT, 2005

                 TITLE I--DEPARTMENT OF VETERANS AFFAIRS

                    Veterans Benefits Administration

                        compensation and pensions

                      (including transfer of funds)

    For the payment of compensation benefits to or on behalf of veterans 
and a pilot program for disability examinations as authorized by law (38 
U.S.C. 107, chapters 11, 13, 18, 51, 53, 55, and 61); pension benefits 
to or on behalf of veterans as authorized by law (38 U.S.C. chapters 15, 
51, 53, 55, and 61; 92 Stat. 2508);

[[Page 118 STAT. 3286]]

and burial benefits, emergency and other officers' retirement pay, 
adjusted-service credits and certificates, payment of premiums due on 
commercial life insurance policies guaranteed under the provisions of 
article IV of the Soldiers' and Sailors' Civil Relief Act of 1940 (50 
U.S.C. App. 540 et seq.) and for other benefits as authorized by law (38 
U.S.C. 107, 1312, 1977, and 2106, chapters 23, 51, 53, 55, and 61; 50 
U.S.C. App. 540-548; 43 Stat. 122, 123; 45 Stat. 735; 76 Stat. 1198), 
$32,607,688,000, to remain available until expended: Provided, That not 
to exceed $20,703,000 of the amount appropriated under this heading 
shall be reimbursed to ``General operating expenses'' and ``Medical 
services'' for necessary expenses in implementing those provisions 
authorized in the Omnibus Budget Reconciliation Act of 1990, and in the 
Veterans' Benefits Act of 1992 (38 U.S.C. chapters 51, 53, and 55), the 
funding source for which is specifically provided as the ``Compensation 
and pensions'' appropriation: Provided further, That such sums as may be 
earned on an actual qualifying patient basis, shall be reimbursed to 
``Medical facilities revolving fund'' to augment the funding of 
individual medical facilities for nursing home care provided to 
pensioners as authorized.

                          readjustment benefits

    For the payment of readjustment and rehabilitation benefits to or on 
behalf of veterans as authorized by law (38 U.S.C. chapters 21, 30, 31, 
34, 35, 36, 39, 51, 53, 55, and 61), $2,556,232,000, to remain available 
until expended: Provided, That expenses for rehabilitation program 
services and assistance which the Secretary is authorized to provide 
under section 3104(a) of title 38, United States Code, other than under 
subsection (a)(1), (2), (5), and (11) of that section, shall be charged 
to this account.

                   veterans insurance and indemnities

    For military and naval insurance, national service life insurance, 
servicemen's indemnities, service-disabled veterans insurance, and 
veterans mortgage life insurance as authorized by 38 U.S.C. chapter 19; 
70 Stat. 887; 72 Stat. 487, $44,380,000, to remain available until 
expended.

          veterans housing benefit program fund program account

                      (including transfer of funds)

    For the cost of direct and guaranteed loans, such sums as may be 
necessary to carry out the program, as authorized by 38 U.S.C. chapter 
37, as amended: Provided, That such costs, including the cost of 
modifying such loans, shall be as defined in section 502 of the 
Congressional Budget Act of 1974, as amended: Provided further, That 
during fiscal year 2005, within the resources available, not to exceed 
$500,000 in gross obligations for direct loans are authorized for 
specially adapted housing loans.
    In addition, for administrative expenses to carry out the direct and 
guaranteed loan programs, $154,075,000, which may be transferred to and 
merged with the appropriation for ``General operating expenses''.

[[Page 118 STAT. 3287]]

             vocational rehabilitation loans program account

                      (including transfer of funds)

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

          native american veteran housing loan program account

                      (including transfer of funds)

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

  guaranteed transitional housing loans for homeless veterans program 
                                 account

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

                     Veterans Health Administration

                            medical services

                     (including transfers of funds)

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

[[Page 118 STAT. 3288]]

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

                         medical administration

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

                           medical facilities

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

[[Page 118 STAT. 3289]]

                     medical and prosthetic research

    For necessary expenses in carrying out programs of medical and 
prosthetic research and development as authorized by chapter 73 of title 
38, United States Code, to remain available until September 30, 2006, 
$405,593,000, plus reimbursements.

                       Departmental Administration

                       general operating expenses

    For necessary operating expenses of the Department of Veterans 
Affairs, not otherwise provided for, including administrative expenses 
in support of department-wide capital planning, management and policy 
activities, uniforms or allowances therefor; not to exceed $25,000 for 
official reception and representation expenses; hire of passenger motor 
vehicles; and reimbursement of the General Services Administration for 
security guard services, and the Department of Defense for the cost of 
overseas employee mail, $1,324,753,000: Provided, That expenses for 
services and assistance authorized under 38 U.S.C. 3104(a)(1), (2), (5), 
and (11) that the Secretary determines are necessary to enable entitled 
veterans: (1) to the maximum extent feasible, to become employable and 
to obtain and maintain suitable employment; or (2) to achieve maximum 
independence in daily living, shall be charged to this account: Provided 
further, That the Veterans Benefits Administration shall be funded at 
not less than $1,027,193,000: Provided further, That of the funds made 
available under this heading, not to exceed $66,000,000 shall be 
available for obligation until September 30, 2006: Provided further, 
That from the funds made available under this heading, the Veterans 
Benefits Administration may purchase up to two passenger motor vehicles 
for use in operations of that Administration in Manila, Philippines.

                    national cemetery administration

    For necessary expenses of the National Cemetery Administration for 
operations and maintenance, not otherwise provided for, including 
uniforms or allowances therefor; cemeterial expenses as authorized by 
law; purchase of one passenger motor vehicle for use in cemeterial 
operations; and hire of passenger motor vehicles, $148,925,000: 
Provided, That of the funds made available under this heading, not to 
exceed $7,400,000 shall be available until September 30, 2006.

                       Office of Inspector General

    For necessary expenses of the Office of Inspector General in 
carrying out the provisions of the Inspector General Act of 1978, as 
amended, $69,711,000, to remain available until September 30, 2006.

                      construction, major projects

    For constructing, altering, extending and improving any of the 
facilities including parking projects under the jurisdiction or for the 
use of the Department of Veterans Affairs, or for any of the purposes 
set forth in sections 316, 2404, 2406, 8102, 8103, 8106, 8108, 8109, 
8110, and 8122 of title 38, United States Code, including

[[Page 118 STAT. 3290]]

planning, architectural and engineering services, maintenance or 
guarantee period services costs associated with equipment guarantees 
provided under the project, services of claims analysts, offsite utility 
and storm drainage system construction costs, and site acquisition, 
where the estimated cost of a project is more than the amount set forth 
in 38 U.S.C. 8104(a)(3)(A) or where funds for a project were made 
available in a previous major project appropriation, $458,800,000, to 
remain available until expended, of which $370,709,000 shall be for 
Capital Asset Realignment for Enhanced Services (CARES) activities; and 
of which $8,091,000 shall be to make reimbursements as provided in 41 
U.S.C. 612 for claims paid for contract disputes: Provided, That except 
for advance planning activities, including needs assessments which may 
or may not lead to capital investments, and other capital asset 
management related activities, such as portfolio development and 
management activities, and investment strategy studies funded through 
the advance planning fund and the planning and design activities funded 
through the design fund and CARES funds, including needs assessments 
which may or may not lead to capital investments, none of the funds 
appropriated under this heading shall be used for any project which has 
not been approved by the Congress in the budgetary process: Provided 
further, That funds provided in this appropriation for fiscal year 2005, 
for each approved project (except those for CARES activities referenced 
above) shall be obligated: (1) by the awarding of a construction 
documents contract by September 30, 2005; and (2) by the awarding of a 
construction contract by September 30, 2006: Provided 
further, <<NOTE: Reports.>> That the Secretary of Veterans Affairs shall 
promptly report in writing to the Committees on Appropriations any 
approved major construction project in which obligations are not 
incurred within the time limitations established above.

                      construction, minor projects

    For constructing, altering, extending, and improving any of the 
facilities including parking projects under the jurisdiction or for the 
use of the Department of Veterans Affairs, including planning and 
assessments of needs which may lead to capital investments, 
architectural and engineering services, maintenance or guarantee period 
services costs associated with equipment guarantees provided under the 
project, services of claims analysts, offsite utility and storm drainage 
system construction costs, and site acquisition, or for any of the 
purposes set forth in sections 316, 2404, 2406, 8102, 8103, 8106, 8108, 
8109, 8110, 8122, and 8162 of title 38, United States Code, where the 
estimated cost of a project is equal to or less than the amount set 
forth in 38 U.S.C. 8104(a)(3)(A), $230,779,000, to remain available 
until expended, along with unobligated balances of previous 
``Construction, minor projects'' appropriations which are hereby made 
available for any project where the estimated cost is equal to or less 
than the amount set forth in 38 U.S.C. 8104(a)(3)(A), of which 
$182,100,000 shall be for Capital Asset Realignment for Enhanced 
Services (CARES) activities: Provided, That from amounts appropriated 
under this heading, additional amounts may be used for CARES activities 
upon notification of and approval by the Committees on Appropriations: 
Provided further, That funds in this account shall be available for: (1) 
repairs to any of the nonmedical facilities under the jurisdiction or 
for the use of the department which are necessary because of loss

[[Page 118 STAT. 3291]]

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

        grants for construction of state extended care facilities

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

        grants for the construction of state veterans cemeteries

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

                        administrative provisions

                     (including transfers of funds)

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

[[Page 118 STAT. 3292]]

    Sec. 107. Notwithstanding any other provision of law, during fiscal 
year 2005, the Secretary of Veterans Affairs shall, from the National 
Service Life Insurance Fund (38 U.S.C. 1920), the Veterans' Special Life 
Insurance Fund (38 U.S.C. 1923), and the United States Government Life 
Insurance Fund (38 U.S.C. 1955), reimburse the ``General operating 
expenses'' account for the cost of administration of the insurance 
programs financed through those accounts: Provided, That reimbursement 
shall be made only from the surplus earnings accumulated in an insurance 
program in fiscal year 2005 that are available for dividends in that 
program after claims have been paid and actuarially determined reserves 
have been set aside: Provided further, That if the cost of 
administration of an insurance program exceeds the amount of surplus 
earnings accumulated in that program, reimbursement shall be made only 
to the extent of such surplus earnings: Provided further, That the 
Secretary shall determine the cost of administration for fiscal year 
2005 which is properly allocable to the provision of each insurance 
program and to the provision of any total disability income insurance 
included in such insurance program.
    Sec. 108. <<NOTE: 31 USC 501 note.>> Notwithstanding any other 
provision of law, the Department of Veterans Affairs shall continue the 
Franchise Fund pilot program authorized to be established by section 403 
of Public Law 103-356 until October 1, 2005: Provided, That the 
Franchise Fund, established by title I of Public Law 104-204 to finance 
the operations of the Franchise Fund pilot program, shall continue until 
October 1, 2005.

    Sec. 109. Amounts deducted from enhanced-use lease proceeds to 
reimburse an account for expenses incurred by that account during a 
prior fiscal year for providing enhanced-use lease services, may be 
obligated during the fiscal year in which the proceeds are received.
    Sec. 110. Funds available in any Department of Veterans Affairs 
appropriation for fiscal year 2005 or funds for salaries and other 
administrative expenses shall also be available to reimburse the Office 
of Resolution Management and the Office of Employment Discrimination 
Complaint Adjudication for all services provided at rates which will 
recover actual costs but not exceed $29,318,000 for the Office of 
Resolution Management and $3,059,000 for the Office of Employment and 
Discrimination Complaint Adjudication: Provided, That payments may be 
made in advance for services to be furnished based on estimated costs: 
Provided further, That amounts received shall be credited to ``General 
operating expenses'' for use by the office that provided the service.
    Sec. 111. <<NOTE: Reports. Deadline.>> No appropriations in this Act 
for the Department of Veterans Affairs shall be available to enter into 
any new lease of real property if the estimated annual rental is more 
than $300,000 unless the Secretary submits a report which the Committees 
on Appropriations of the Congress approve within 30 days following the 
date on which the report is received.

    Sec. 112. No funds of the Department of Veterans Affairs shall be 
available for hospital care, nursing home care, or medical services 
provided to any person under chapter 17 of title 38, United States Code, 
for a non-service-connected disability described in section 1729(a)(2) 
of such title, unless that person has disclosed to the Secretary of 
Veterans Affairs, in such form as the Secretary

[[Page 118 STAT. 3293]]

may require, current, accurate third-party reimbursement information for 
purposes of section 1729 of such title: Provided, That the Secretary may 
recover, in the same manner as any other debt due the United States, the 
reasonable charges for such care or services from any person who does 
not make such disclosure as required: Provided further, That any amounts 
so recovered for care or services provided in a prior fiscal year may be 
obligated by the Secretary during the fiscal year in which amounts are 
received.
    Sec. 113. Of the amounts provided in this Act, $25,000,000 shall be 
for information technology initiatives to support the enterprise 
architecture of the Department of Veterans Affairs.
    Sec. 114. None of the funds made available to the Department in this 
Act, or any other Act, may be used to implement sections 2 and 5 of 
Public Law 107-287.
    Sec. 115. (a) <<NOTE: 38 USC 1729A note.>> Hereafter receipts that 
would otherwise be credited to the accounts listed in subsection (c) 
shall be deposited into the Medical Care Collections Fund, and shall be 
transferred to and merged with the ``Medical services'' account, in 
fiscal year 2005 and subsequent years, to remain available until 
expended, to carry out the purposes of the ``Medical services'' account.

    (b) The unobligated balances in the accounts listed in subsection 
(c), shall be transferred to and merged with the ``Medical services'' 
account in fiscal year 2005 and subsequent years, and remain available 
until expended, to carry out the purposes of the ``Medical services'' 
account: Provided, That the obligated balances in these accounts may be 
transferred to the ``Medical services'' account at the discretion of the 
Secretary of Veterans Affairs and shall remain available until expended.
    (c) Veterans Extended Care Revolving Fund; Medical Facilities 
Revolving Fund; Special Therapeutic and Rehabilitation Fund; Nursing 
Home Revolving Fund; Veterans Health Services Improvement Fund; and 
Parking Revolving Fund.
    Sec. 116. (a) <<NOTE: Contracts. Health and health care.>> The 
Secretary of Veterans Affairs shall conduct by contract a program of 
recovery audits for the fee basis and other medical services contracts 
with respect to payments for hospital care. Notwithstanding section 
3302(b) of title 31, United States Code, amounts collected, by setoff or 
otherwise, as the result of such audits shall be available, without 
fiscal year limitation, for the purposes for which funds are 
appropriated under ``Medical services'' and the purposes of paying a 
contractor a percent of the amount collected as a result of an audit 
carried out by the contractor.

    (b) All amounts so collected under subsection (a) with respect to a 
designated health care region (as that term is defined in section 
1729A(d)(2) of title 38, United States Code) shall be allocated, net of 
payments to the contractor, to that region.
    Sec. 117. Notwithstanding any other provision of law, at the 
discretion of the Secretary of Veterans Affairs, proceeds or revenues 
derived from enhanced-use leasing activities (including disposal) that 
are deposited into the Medical Care Collections Fund may be transferred 
and merged with ``Construction, major projects'' and ``Construction, 
minor projects'' accounts and be used for construction (including site 
acquisition and disposition), alterations and improvements of any 
medical facility under the jurisdiction or for the use of the Department 
of Veterans Affairs. Such sums as realized are in addition to the amount 
provided for in ``Construction, major projects'' and ``Construction, 
minor projects''.

[[Page 118 STAT. 3294]]

    Sec. 118. Amounts made available under ``Medical services'' are 
available--
            (1) for furnishing recreational facilities, supplies, and 
        equipment; and
            (2) for funeral expenses, burial expenses, and other 
        expenses incidental to funerals and burials for beneficiaries 
        receiving care in the department.

    Sec. 119. That such sums as may be deposited to the Medical Care 
Collections Fund pursuant to 38 U.S.C. 1729A may be transferred to 
``Medical services'', to remain available until expended for the 
purposes of this account.
    Sec. 120. Amounts made available for fiscal year 2005 under the 
``Medical services'', ``Medical administration'', and ``Medical 
facilities'' accounts may be transferred between the accounts to the 
extent necessary to implement the restructuring of the Veterans Health 
Administration accounts after notice of the amount and purpose of the 
transfer is provided to the Committees on Appropriations of the Senate 
and House of Representatives and a period of 30 days has elapsed: 
Provided, That the limitation on transfers is 20 percent in fiscal year 
2005.
    Sec. 121. Any appropriation for fiscal year 2005 for the Veterans 
Benefits Administration made available under the heading ``General 
operating expenses'' may be transferred to the ``Veterans Housing 
Benefit Program Fund Program Account'' for the purpose of providing 
funds for the nationwide property management contract if the 
administrative costs of such contract exceed $8,800,000 in the budget 
year.
    Sec. 122. The Department of Veterans Affairs is authorized to expend 
such sums as are available in the unobligated balances of the funds 
originally appropriated to ``Medical Care'' for emergency expenses 
resulting from the January 1994 earthquake in southern California in 
Public Law 103-211, Emergency Supplemental Appropriations Act of 1994, 
for the same purposes of the ``Medical Services'' account, to remain 
available until expended.
    Sec. 123. Notwithstanding any other provision of law, the Secretary 
of Veterans Affairs (Secretary) shall allow veterans eligible under 
existing VA Medical Care requirements and who reside in Alaska to obtain 
medical care services from medical facilities supported by the Indian 
Health Services or tribal organizations. The Secretary shall: (1) limit 
the application of this provision to rural Alaskan veterans in areas 
where an existing VA facility or VA-contracted service is unavailable; 
(2) require participating veterans and facilities to comply with all 
appropriate rules and regulations, as established by the Secretary; (3) 
require this provision to be consistent with CARES; and (4) result in no 
additional cost to the Department of Veterans Affairs or the Indian 
Health Service.
    Sec. 124. Of the funds made available under the heading 
``Construction, minor projects'' in chapter 11 of division B of the 
Military Construction Appropriations and Emergency Hurricane 
Supplemental Appropriations Act, 2005, Public Law 108-324, the Secretary 
of Veterans Affairs may transfer up to $19,800,000 to the ``Medical 
Facilities'' account for non-recurring maintenance expenses related to 
hurricane and tropical storm damage.

[[Page 118 STAT. 3295]]

          TITLE II--DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

                        Public and Indian Housing

                     Tenant-Based Rental Assistance

                      (Including Transfer of Funds)

    For activities and assistance for the provision of tenant-based 
rental assistance authorized under the United States Housing Act of 
1937, as amended (42 U.S.C. 1437 et seq.) (``the Act'' herein), not 
otherwise provided for, $14,885,000,000, to remain available until 
expended, of which $10,685,000,000 shall be available on October 1, 2004 
and $4,200,000,000 shall be available on October 1, 2005: Provided, That 
the amounts made available under this heading are provided as follows:
            (1) $13,462,989,000 for renewals of expiring section 8 
        tenant-based annual contributions contracts (including renewals 
        of enhanced vouchers under any provision of law authorizing such 
        assistance under section 8(t) of the Act): Provided, That 
        notwithstanding any other provision of law, from amounts 
        provided under this paragraph, the Secretary for the calendar 
        year 2005 funding cycle shall renew such contracts for each 
        public housing agency based on verified Voucher Management 
        System (VMS) leasing and cost data averaged for the months of 
        May, June, and July of 2004, and by applying the 2005 Annual 
        Adjustment Factor as established by the Secretary, and by making 
        any necessary adjustments for the costs associated with the 
        first-time renewal of tenant protection or HOPE VI vouchers: 
        Provided further, That if such data is not available, 
        verifiable, or complete, the Secretary shall use verified VMS 
        leasing and cost data averaged for the months of February, 
        March, and April of 2004, and by applying the 2005 Annual 
        Adjustment Factor as established by the Secretary, and by making 
        any necessary adjustments for the costs associated with the 
        first-time renewal of tenant protection or HOPE VI vouchers: 
        Provided further, That if such data is not available, 
        verifiable, or complete, the Secretary shall use leasing and 
        cost data from the most recent end-of-year financial statements 
        for public housing agency fiscal years ending no later than 
        March 31, 2004, and by applying the 2005 Annual Adjustment 
        Factor as established by the Secretary, and by making any 
        necessary adjustments for the costs associated with the first-
        time renewal of tenant protection or HOPE VI vouchers: Provided 
        further, That the Secretary shall, to the extent necessary to 
        stay within the amount provided under this paragraph, pro rate 
        each public housing agency's allocation otherwise established 
        pursuant to this paragraph: Provided further, That the entire 
        amount provided under this paragraph shall be obligated to the 
        public housing agencies based on the allocation and pro rata 
        method described above: Provided further, That public housing 
        agencies participating in the Moving to Work demonstration shall 
        be funded pursuant to their Moving to Work agreements and shall 
        be subject to the same pro rata adjustments under the previous 
        proviso: Provided further, That none of the funds provided in 
        this paragraph may be used to support a total number of unit 
        months under lease which

[[Page 118 STAT. 3296]]

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

                     Project-Based Rental Assistance

                      (Including Transfer of Funds)

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

[[Page 118 STAT. 3297]]

            (3) $2,000,000 shall be transferred to the Working Capital 
        Fund.

                       Public Housing Capital Fund

                      (including transfer of funds)

    For the Public Housing Capital Fund Program to carry out capital and 
management activities for public housing agencies, as authorized under 
section 9 of the United States Housing Act of 1937, as amended (42 
U.S.C. 1437g) (the ``Act'') $2,600,000,000, to remain available until 
September 30, 2008: Provided, That notwithstanding any other provision 
of law or regulation, during fiscal year 2005, the Secretary may not 
delegate to any Department official other than the Deputy Secretary and 
the Assistant Secretary for Public and Indian Housing any authority 
under paragraph (2) of section 9(j) regarding the extension of the time 
periods under such section: Provided further, That for purposes of such 
section 9(j), the term ``obligate'' means, with respect to amounts, that 
the amounts are subject to a binding agreement that will result in 
outlays, immediately or in the future: Provided further, That of the 
total amount provided under this heading, up to $38,700,000 shall be for 
carrying out activities under section 9(h) of such Act, of which 
$12,500,000 shall be for the provision of remediation services to public 
housing agencies identified as ``troubled'' under the Section 8 
Management Assessment Program and for surveys used to calculate local 
Fair Market Rents and assess housing conditions in connection with 
rental assistance under section 8 of the Act: Provided further, That 
$10,150,000 shall be transferred to the Working Capital Fund: Provided 
further, That no funds may be used under this heading for the purposes 
specified in section 9(k) of the United States Housing Act of 1937, as 
amended: Provided further, That of the total amount provided under this 
heading, up to $30,000,000 shall be available for the Secretary of 
Housing and Urban Development to make grants, notwithstanding section 
205 of this Act, to public housing agencies for emergency capital needs 
resulting from unforeseen emergencies and natural disasters occurring in 
fiscal year 2005: Provided further, That of the total amount provided 
under this heading, $53,500,000 shall be for supportive services, 
service coordinators and congregate services as authorized by section 34 
of the Act and the Native American Housing Assistance and Self-
Determination Act of 1996: Provided further, That up to $3,000,000 is to 
support the costs of administrative and judicial receiverships in effect 
prior to date of enactment of this Act: Provided further, That of the 
total amount provided under this heading, $15,000,000 shall be for 
Neighborhood Networks grants for activities authorized in section 
9(d)(1)(E) of the United States Housing Act of 1937, as amended, of 
which up to $1,000,000 may be used for technical assistance in 
connection with such grants as authorized in section 9(h)(8) of such 
Act: Provided further, That notwithstanding any other provision of law, 
amounts made available in the previous proviso shall be awarded to 
public housing agencies on a competitive basis: Provided further, That 
notwithstanding section 9(d)(1)(E) of the United States Housing Act of 
1937, any Neighborhood Networks computer center established with funding 
made available under this heading in this or any other Act, shall be 
available for use by residents of public housing and residents

[[Page 118 STAT. 3298]]

of other housing assisted with funding made available under this title 
in this Act or any other Act.

                      public housing operating fund

    For 2005 payments to public housing agencies for the operation and 
management of public housing, as authorized by section 9(e) of the 
United States Housing Act of 1937, as amended (42 U.S.C. 1437g(e)), 
$2,458,000,000, of which $10,000,000 in bonus funds shall be provided to 
public housing agencies that assist program participants in moving away 
from dependency on housing assistance programs: Provided, That of the 
total amount provided under this heading, $8,000,000 shall be for 
programs, as determined appropriate by the Attorney General, which 
assist in the investigation, prosecution, and prevention of violent 
crimes and drug offenses in public and federally-assisted low-income 
housing, including Indian housing, which shall be administered by the 
Department of Justice through a cooperative agreement with the 
Department of Housing and Urban Development: Provided further, That any 
such 2005 payment shall be provided in an amount sufficient to cover 
only the period beginning with the start of a public housing agency's 
fiscal year and ending on December 31, 2005: Provided 
further, <<NOTE: 42 USC 1437g note.>> That for fiscal year 2006 and all 
fiscal years thereafter, the Secretary shall provide assistance under 
this heading to public housing agencies on a calendar year basis: 
Provided further, That, in fiscal year 2005 and all fiscal years 
hereafter, no amounts under this heading in any appropriations Act may 
be used for payments to public housing agencies for the costs of 
operation and management of public housing for any year prior to the 
current year of such Act: Provided further, That no funds may be used 
under this heading for the purposes specified in section 9(k) of the 
United States Housing Act of 1937, as amended.

     Revitalization of Severely Distressed Public Housing (Hope VI)

    For grants to public housing agencies for demolition, site 
revitalization, replacement housing, and tenant-based assistance grants 
to projects as authorized by section 24 of the United States Housing Act 
of 1937, as amended, $144,000,000, to remain available until September 
30, 2006, of which the Secretary may use up to $4,000,000 for technical 
assistance and contract expertise, to be provided directly or indirectly 
by grants, contracts or cooperative agreements, including training and 
cost of necessary travel for participants in such training, by or to 
officials and employees of the department and of public housing agencies 
and to residents: Provided, That none of such funds shall be used 
directly or indirectly by granting competitive advantage in awards to 
settle litigation or pay judgments, unless expressly permitted herein.

                  native american housing block grants

                     (including transfers of funds)

    For the Native American Housing Block Grants program, as authorized 
under title I of the Native American Housing Assistance and Self-
Determination Act of 1996 (NAHASDA) (25 U.S.C. 4111 et seq.), 
$627,000,000, to remain available until expended, of which $2,200,000 
shall be contracted through the Secretary as technical

[[Page 118 STAT. 3299]]

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

           Indian Housing Loan Guarantee Fund Program Account

                      (including transfer of funds)

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

       Native Hawaiian Housing Loan Guarantee Fund Program Account

                      (including transfer of funds)

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

[[Page 118 STAT. 3300]]

                   Community Planning and Development

               Housing Opportunities for Persons With AIDS

    For carrying out the Housing Opportunities for Persons with AIDS 
program, as authorized by the AIDS Housing Opportunity Act (42 U.S.C. 
12901 et seq.), $284,000,000, to remain available until September 30, 
2006: Provided, <<NOTE: Contracts.>> That the Secretary shall renew all 
expiring contracts for permanent supportive housing that were funded 
under section 854(c)(3) of such Act that meet all program requirements 
before awarding funds for new contracts and activities authorized under 
this section: Provided further, That the Secretary may use up to 
$2,500,000 of the funds under this heading for training, oversight, and 
technical assistance activities.

                 Rural Housing and Economic Development

    For the Office of Rural Housing and Economic Development in the 
Department of Housing and Urban Development, $24,000,000 to remain 
available until expended, which amount shall be competitively awarded by 
September 1, 2005, to Indian tribes, State housing finance agencies, 
State community and/or economic development agencies, local rural 
nonprofits and community development corporations to support innovative 
housing and economic development activities in rural areas.

                Empowerment Zones/Enterprise Communities

    For grants in connection with a second round of empowerment zones 
and enterprise communities, $10,000,000, to remain available until 
September 30, 2005, for ``Urban Empowerment Zones'', as authorized in 
section 1391(g) of the Internal Revenue Code of 1986 (26 U.S.C. 
1391(g)), including $666,666 for each empowerment zone for use in 
conjunction with economic development activities consistent with the 
strategic plan of each empowerment zone.

                       community development fund

                     (including transfers of funds)

    For assistance to units of State and local government, and to other 
entities, for economic and community development activities, and for 
other purposes, $4,709,000,000, to remain available until September 30, 
2007, unless otherwise specified: Provided, That of the amount provided, 
$4,150,035,000 is for carrying out the community development block grant 
program under title I of the Housing and Community Development Act of 
1974, as amended (the ``Act'' herein) (42 U.S.C. 5301 et seq.): Provided 
further, That unless explicitly provided for under this heading (except 
for planning grants provided in the third paragraph and amounts made 
available in the second paragraph), not to exceed 20 percent of any 
grant made with funds appropriated under this heading (other than a 
grant made available in this paragraph to the Housing Assistance Council 
or the National American Indian Housing Council, or a grant using funds 
under section 107(b)(3) of the Act) shall be expended for planning and 
management development and administration: Provided further, That 
$69,000,000 shall be for grants to Indian tribes notwithstanding section 
106(a)(1) of such Act, of which, notwithstanding any other provision of 
law

[[Page 118 STAT. 3301]]

(including section 205 of this Act), up to $4,000,000 may be used for 
emergencies that constitute imminent threats to health and safety; 
$3,300,000 shall be for a grant to the Housing Assistance Council; 
$2,400,000 shall be for a grant to the National American Indian Housing 
Council; $4,800,000 shall be available as a grant to the National 
Housing Development Corporation, for operating expenses not to exceed 
$2,000,000 and for a program of affordable housing acquisition and 
rehabilitation; $4,800,000 shall be available as a grant to the Raza 
Development Fund of La Raza for the HOPE Fund, of which $500,000 is for 
technical assistance and fund management, and $4,300,000 is for 
investments in the HOPE Fund and financing to affiliated organizations; 
$43,700,000 shall be for grants pursuant to section 107 of the Act, of 
which $9,000,000 shall be for the Native Hawaiian block grant authorized 
under title VIII of the Native American Housing Assistance and Self-
Determination Act of 1996, to remain available until expended, of which 
$500,000 shall be for training and technical assistance; $3,465,000 
shall be transferred to the Working Capital Fund; $25,000,000 shall be 
for grants pursuant to the Self Help Homeownership Opportunity Program; 
$34,500,000 shall be for capacity building, of which $30,000,000 shall 
be for Capacity Building for Community Development and Affordable 
Housing for LISC and the Enterprise Foundation for activities as 
authorized by section 4 of the HUD Demonstration Act of 1993 (42 U.S.C. 
9816 note), as in effect immediately before June 12, 1997, with not less 
than $5,000,000 of the funding to be used in rural areas, including 
tribal areas, and of which $4,500,000 shall be for capacity building 
activities administered by Habitat for Humanity International; 
$2,000,000 shall be for the Special Olympics National Games Organizing 
Committee for planning, equipment, and operational expenses associated 
with the 2006 games in Ames, Iowa; $62,000,000 shall be available for 
YouthBuild program activities authorized by subtitle D of title IV of 
the Cranston-Gonzalez National Affordable Housing Act, as amended, and 
such activities shall be an eligible activity with respect to any funds 
made available under this heading: Provided, That local YouthBuild 
programs that demonstrate an ability to leverage private and nonprofit 
funding shall be given a priority for YouthBuild funding: Provided 
further, That no more than 10 percent of any grant award under the 
YouthBuild program may be used for administrative costs: Provided 
further, That of the amount made available for YouthBuild not less than 
$9,000,000 is for grants to establish YouthBuild programs in underserved 
and rural areas and $2,000,000 is to be made available for a grant to 
YouthBuild USA for capacity building for community development and 
affordable housing activities as specified in section 4 of the HUD 
Demonstration Act of 1993, as amended.
    Of the amount made available under this heading, $42,000,000 shall 
be available for neighborhood initiatives that are utilized to improve 
the conditions of distressed and blighted areas and neighborhoods, to 
stimulate investment, economic diversification, and community 
revitalization in areas with population outmigration or a stagnating or 
declining economic base, or to determine whether housing benefits can be 
integrated more effectively with welfare reform initiatives: Provided, 
That amounts made available under this paragraph shall be provided in 
accordance with the terms

[[Page 118 STAT. 3302]]

and conditions specified in the statement of managers accompanying this 
Act.
    Of the amount made available under this heading, $262,000,000 shall 
be available for grants for the Economic Development Initiative (EDI) to 
finance a variety of targeted economic investments in accordance with 
the terms and conditions specified in the statement of managers 
accompanying this Act: Provided, That none of the funds provided under 
this paragraph may be used for program operations.
    The referenced statement of the managers under this heading in 
Public Law 108-7 is deemed to be amended with respect to item number 2 
with respect to amounts made available for the City of Boaz, Alabama by 
striking ``facilities renovation and expansion'' and inserting 
``construction of a new library''.
    The referenced statement of the managers under this heading in 
Public Law 108-7 is deemed to be amended with respect to item number 740 
by striking ``facilities renovation and construction'' and inserting 
``an economic development planning study''.
    The referenced statement of the managers under this heading in 
Public Law 108-7 is deemed to be amended with respect to item number 254 
by striking ``Greater Community Council in Louisville, Kentucky for 
construction of a facility for low-income, disabled persons'' and 
inserting ``Portland Promise, Inc., in Louisville, Kentucky for a multi-
purpose facility''.
    The referenced statement of the managers under this heading in 
Public Law 108-7 is deemed to be amended with respect to item number 10 
with respect to amounts made available to the St. Stephen Family Life 
Center in Louisville, Kentucky by striking ``renovation'' and inserting 
``construction''.
    The referenced statement of the managers under this heading in 
Public Law 108-7 is deemed to be amended with respect to item number 584 
with respect to amounts made available for Queens Borough Public Library 
in Queens, New York by striking ``for facilities rehabilitation and 
expansion of the Parsons Boulevard complex'' and inserting ``for 
facilities construction and renovations''.
    The referenced statement of the managers under this heading in 
Public Law 108-199 is deemed to be amended with respect to item number 
198 by striking ``$160,000 for the Pine Mountain Beautification and 
Economic Development project in Harris County, Georgia for streetscape 
improvements'' and inserting ``$60,000 for the Beautification and 
Economic Development project in Harris County, Georgia for construction; 
and $100,000 for the Beautification and Economic Development project in 
the Town of Pine Mountain, Georgia for streetscape improvements''.
    The referenced statement of the managers under this heading in 
Public Law 108-199 is deemed to be amended with respect to item number 
96 with respect to amounts made available for the City of Corona, 
California by striking ``construction'' and inserting ``rehabilitation 
and conversion''.
    The referenced statement of the managers under this heading in 
Public Law 108-199 is deemed to be amended with respect to item number 
257 with respect to amounts made available for Fort Dodge, Iowa by 
inserting ``planning, design and'' before the word ``facilities''.
    The referenced statement of the managers under this heading in 
Public Law 108-199 is deemed to be amended with respect to item number 
776 with respect to amounts made available for

[[Page 118 STAT. 3303]]

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

[[Page 118 STAT. 3304]]

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

[[Page 118 STAT. 3305]]

    The referenced statement of the managers under this heading in 
Public Law 108-199 is deemed to be amended with respect to item number 
575 by striking ``construction'' and inserting ``acquisition, 
renovation''.
    The referenced statement of the managers under this heading in 
Public Law 108-199 is deemed to be amended with respect to item number 
683 by striking ``for construction related to Bailey Park and downtown 
streetscape, beautification, building renovation and restoration'' and 
inserting ``for master plan development, building acquisition, 
demolition, renovation and restoration''.
    Section 167 of division H of Public Law 108-199 <<NOTE: 114 Stat. 
452.>> is amended by allocating the funding made available under the 
heading ``Community Development Fund for project number 177 (House 
Report 108-235) to the Chicago Children's Choir Academy in Illinois for 
facility design and construction''.

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

          community development loan guarantees program account

                      (including transfer of funds)

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

                        Brownfields Redevelopment

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

[[Page 118 STAT. 3306]]

                  HOME Investment Partnerships Program

                      (including transfer of funds)

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

                       Homeless Assistance Grants

                      (including transfer of funds)

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

[[Page 118 STAT. 3307]]

account shall be transferred to this account, to be available for 
Shelter Plus Care renewals in fiscal year 2005.

                            Housing Programs

                         Housing for the Elderly

                      (including transfer of funds)

    For capital advances, including amendments to capital advance 
contracts, for housing for the elderly, as authorized by section 202 of 
the Housing Act of 1959, as amended, and for project rental assistance 
for the elderly under section 202(c)(2) of such Act, including 
amendments to contracts for such assistance and renewal of expiring 
contracts for such assistance for up to a 1-year term, and for 
supportive services associated with the housing, $747,000,000, to remain 
available until September 30, 2008, of which amount $50,000,000 shall be 
for service coordinators and the continuation of existing congregate 
service grants for residents of assisted housing projects, and of which 
amount up to $25,000,000 shall be for grants under section 202b of the 
Housing Act of 1959 (12 U.S.C. 1701q-2) for conversion of eligible 
projects under such section to assisted living or related use and for 
emergency capital repairs as determined by the Secretary: Provided, That 
of the amount made available under this heading, $18,000,000 shall be 
available to the Secretary of Housing and Urban Development only for 
making competitive grants to private nonprofit organizations and 
consumer cooperatives for covering costs of architectural and 
engineering work, site control, and other planning relating to the 
development of supportive housing for the elderly that is eligible for 
assistance under section 202 of the Housing Act of 1959 (12 U.S.C. 
1701q): Provided further, That $450,000 shall be transferred to the 
Working Capital Fund: Provided further, That the Secretary may waive the 
provisions of section 202 governing the terms and conditions of project 
rental assistance, except that the initial contract term for such 
assistance shall not exceed 5 years in duration.
    Title II of the Departments of Veterans Affairs and Housing and 
Urban Development, and Independent Agencies Appropriations Act, 2004, 
is <<NOTE: Ante, p. 384.>> amended under this heading by striking the 
fourth proviso.

                  Housing for Persons With Disabilities

                      (including transfer of funds)

    For capital advance contracts, including amendments to capital 
advance contracts, for supportive housing for persons with disabilities, 
as authorized by section 811 of the Cranston-Gonzalez National 
Affordable Housing Act, for project rental assistance for supportive 
housing for persons with disabilities under section 811(d)(2) of such 
Act, including amendments to contracts for such assistance and renewal 
of expiring contracts for such assistance for up to a 1-year term, and 
for supportive services associated with the housing for persons with 
disabilities as authorized by section 811(b)(1) of such Act, and for 
tenant-based rental assistance contracts entered into pursuant to 
section 811 of such Act, $240,000,000: Provided, That $450,000 shall be 
transferred to the

[[Page 118 STAT. 3308]]

Working Capital Fund: Provided further, That, of the amount provided 
under this heading $28,890,000 shall be for amendments to existing 
tenant-based assistance contracts entered into prior to fiscal year 2004 
(only one amendment authorized for any such contract): Provided further, 
That of the amount provided under this heading, the Secretary may make 
available up to $10,000,000 for incremental tenant-based rental 
assistance, as authorized by section 811 of such Act (which assistance 
is 5 years in duration): Provided further, That all tenant-based 
assistance made available under this heading shall continue to remain 
available only to persons with disabilities: Provided further, That the 
Secretary may waive the provisions of section 811 governing the terms 
and conditions of project rental assistance and tenant-based assistance, 
except that the initial contract term for such assistance shall not 
exceed 5 years in duration.
    Title II of the Departments of Veterans Affairs and Housing and 
Urban Development, and Independent Agencies Appropriations Act, 
2004, <<NOTE: Ante, p. 385.>> is amended under this heading by striking 
the fourth proviso and inserting ``Provided further, That all section 
811 balances outstanding, as of September 30, 2003, shall be transferred 
to the appropriation under this heading.''.

                          Flexible Subsidy Fund

                           (transfer of funds)

    From the <<NOTE: 12 USC 1715z-1 note.>> Rental Housing Assistance 
Fund, all uncommitted balances of excess rental charges as of September 
30, 2004, and any collections made during fiscal year 2005 and all 
subsequent fiscal years, shall be transferred to the Flexible Subsidy 
Fund, as authorized by section 236(g) of the National Housing Act, as 
amended.

                  Manufactured Housing Fees Trust Fund

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

                     Federal Housing Administration

                mutual mortgage insurance program account

                     (including transfers of funds)

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

[[Page 118 STAT. 3309]]

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

                General and Special Risk Program Account

                     (including transfers of funds)

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

[[Page 118 STAT. 3310]]

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

                Government National Mortgage Association

 Guarantees of Mortgage-Backed Securities Loan Guarantee Program Account

                      (including transfer of funds)

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

                     Policy Development and Research

                         Research and Technology

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

                   Fair Housing and Equal Opportunity

                         Fair Housing Activities

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

                      Office of Lead Hazard Control

                          Lead Hazard Reduction

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

[[Page 118 STAT. 3311]]

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

                      Management and Administration

                          Salaries and Expenses

                      (including transfer of funds)

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

[[Page 118 STAT. 3312]]

this heading shall only be allocated in the manner specified in the 
report accompanying this Act unless the Committees on Appropriations of 
both the House of Representatives and the Senate are notified of any 
changes in an operating plan or reprogramming: Provided further, That no 
official or employee of the Department shall be designated as an 
allotment holder unless the Office of the Chief Financial Officer (OCFO) 
has determined that such allotment holder has implemented an adequate 
system of funds control and has received training in funds control 
procedures and directives: Provided further, <<NOTE: 42 USC 3549 
note.>> That the Chief Financial Officer shall establish positive 
control of and maintain adequate systems of accounting for 
appropriations and other available funds as required by 31 U.S.C. 1514: 
Provided further, That for purposes of funds control and determining 
whether a violation exists under the Anti-Deficiency Act (31 U.S.C. 1341 
et seq.), the point of obligation shall be the executed agreement or 
contract, except with respect to insurance and guarantee programs, 
certain types of salaries and expenses funding, and incremental funding 
that is authorized under an executed agreement or contract, and shall be 
designated in the approved funds control 
plan: <<NOTE: Requirements. Guidelines.>> Provided further, That the 
Chief Financial Officer shall: (1) appoint qualified personnel to 
conduct investigations of potential or actual violations; (2) establish 
minimum training requirements and other qualifications for personnel 
that may be appointed to conduct investigations; (3) establish 
guidelines and timeframes for the conduct and completion of 
investigations; (4) prescribe the content, format and other requirements 
for the submission of final reports on violations; and (5) prescribe 
such additional policies and procedures as may be required for 
conducting investigations of, and administering, processing, and 
reporting on, potential and actual violations of the Anti-Deficiency Act 
and all other statutes and regulations governing the obligation and 
expenditure of funds made available in this or any other Act: Provided 
further, That up to $20,000,000 may be transferred to the Working 
Capital Fund: Provided further, <<NOTE: Government 
organization. Employment.>> That the Secretary shall fill 7 out of 10 
vacancies at the GS-14 and GS-15 levels until the total number of GS-14 
and GS-15 positions in the Department has been reduced from the number 
of GS-14 and GS-15 positions on the date of enactment of Public Law 106-
377 by 2\1/2\ percent.

                          Working Capital Fund

    For additional capital for the Working Capital Fund (42 U.S.C. 3535) 
for the development of, modifications to, and infrastructure for 
Department-wide information technology systems, for the continuing 
operation of both Department-wide and program-specific information 
systems, and for program-related development activities, $270,000,000, 
to remain available until September 30, 2006: Provided, That any amounts 
transferred to this Fund under this Act shall remain available until 
expended: Provided further, That any amounts transferred to this Fund 
from amounts appropriated by previously enacted appropriations Acts or 
from within this Act may be used only for the purposes specified under 
this Fund, in addition to the purposes for which such amounts were 
appropriated.

[[Page 118 STAT. 3313]]

                       Office of Inspector General

                      (including transfer of funds)

    For necessary expenses of the Office of Inspector General in 
carrying out the Inspector General Act of 1978, as amended, 
$104,000,000, of which $24,000,000 shall be provided from the various 
funds of the Federal Housing Administration: Provided, That the 
Inspector General shall have independent authority over all personnel 
issues within this office: Provided further, That $300,000 shall be 
transferred to the Working Capital Fund.

             Office of Federal Housing Enterprise Oversight

                          Salaries and Expenses

                      (including transfer of funds)

    For carrying out the Federal Housing Enterprises Financial Safety 
and Soundness Act of 1992, including not to exceed $500 for official 
reception and representation expenses, $59,209,000, to remain available 
until expended, to be derived from the Federal Housing Enterprises 
Oversight Fund: Provided, That of the amount made available under this 
heading, $5,000,000 is for litigation and to continue ongoing special 
investigations of the Federal housing 
enterprises: <<NOTE: Deadline.>> Provided further, That the Director 
shall submit a spending plan for the amounts provided under this heading 
no later than January 15, 2005: Provided further, That not less than 80 
percent of total amount made available under this heading shall be used 
only for examination, supervision, and capital oversight of the 
enterprises (as such term is defined in section 1303 of the Federal 
Housing Enterprises Financial Safety and Soundness Act of 1992 (12 
U.S.C. 4502)) to ensure that the enterprises are operating in a 
financially safe and sound manner and complying with the capital 
requirements under Subtitle B of such Act: Provided further, That not to 
exceed the amount provided herein shall be available from the general 
fund of the Treasury to the extent necessary to incur obligations and 
make expenditures pending the receipt of collections to the Fund: 
Provided further, That the general fund amount shall be reduced as 
collections are received during the fiscal year so as to result in a 
final appropriation from the general fund estimated at not more than $0.

                        Public and Indian Housing

                        HOUSING CERTIFICATE FUND

                              (RESCISSION)

    Of the unobligated balances, including recaptures and carryover, 
remaining from funds appropriated to the Department of Housing and Urban 
Development under this heading or the heading ``Annual contributions for 
assisted housing'' or any other heading for fiscal year 2004 and prior 
years, $1,557,000,000 is rescinded, to be effected by the Secretary no 
later than September 30, 2005: Provided, That any such balances governed 
by reallocation provisions under the statute authorizing the program for 
which the funds were originally appropriated shall be available for the 
rescission: Provided further, That any obligated balances of contract

[[Page 118 STAT. 3314]]

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

             drug elimination grants for low-income housing

                              (rescission)

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

                  native american housing block grants

                              (rescission)

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

              indian housing loan guarantee program account

                              (rescission)

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

                            Housing Programs

                        rental housing assistance

                              (rescission)

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

                     Federal Housing Administration

                general and special risk program account

                              (rescission)

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

[[Page 118 STAT. 3315]]

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

                        Administrative Provisions

    Sec. 201. <<NOTE: Rescission.>> Fifty percent of the amounts of 
budget authority, or in lieu thereof 50 percent of the cash amounts 
associated with such budget authority, that are recaptured from projects 
described in section 1012(a) of the Stewart B. McKinney Homeless 
Assistance Amendments Act of 1988 (42 U.S.C. 1437 note) shall be 
rescinded, or in the case of cash, shall be remitted to the Treasury, 
and such amounts of budget authority or cash recaptured and not 
rescinded or remitted to the Treasury shall be used by State housing 
finance agencies or local governments or local housing agencies with 
projects approved by the Secretary of Housing and Urban Development for 
which settlement occurred after January 1, 1992, in accordance with such 
section. Notwithstanding the previous sentence, the Secretary may award 
up to 15 percent of the budget authority or cash recaptured and not 
rescinded or remitted to the Treasury to provide project owners with 
incentives to refinance their project at a lower interest rate.

    Sec. 202. None of the amounts made available under this Act may be 
used during fiscal year 2005 to investigate or prosecute under the Fair 
Housing Act any otherwise lawful activity engaged in by one or more 
persons, including the filing or maintaining of a non-frivolous legal 
action, that is engaged in solely for the purpose of achieving or 
preventing action by a Government official or entity, or a court of 
competent jurisdiction.
    Sec. 203. <<NOTE: HIV/AIDS. Grants.>> (a) Notwithstanding section 
854(c)(1)(A) of the AIDS Housing Opportunity Act (42 U.S.C. 
12903(c)(1)(A)), from any amounts made available under this title for 
fiscal year 2005 that are allocated under such section, the Secretary of 
Housing and Urban Development shall allocate and make a grant, in the 
amount determined under subsection (b), for any State that--
            (1) received an allocation in a prior fiscal year under 
        clause (ii) of such section; and
            (2) is not otherwise eligible for an allocation for fiscal 
        year 2005 under such clause (ii) because the areas in the State 
        outside of the metropolitan statistical areas that qualify under 
        clause (i) in fiscal year 2005 do not have the number of cases 
        of acquired immunodeficiency syndrome (AIDS) required under such 
        clause.

    (b) The amount of the allocation and grant for any State described 
in subsection (a) shall be an amount based on the cumulative number of 
AIDS cases in the areas of that State that are outside of metropolitan 
statistical areas that qualify under clause (i) of such section 
854(c)(1)(A) in fiscal year 2005, in proportion to AIDS cases among 
cities and States that qualify under clauses (i) and (ii) of such 
section and States deemed eligible under subsection (a).
    (c) Notwithstanding any other provision of law, the amount allocated 
for fiscal year 2005 under section 854(c) of the AIDS Housing 
Opportunity Act (42 U.S.C. 12903(c)), to the City of New York, New York, 
on behalf of the New York-Wayne-White Plains, New York-New Jersey 
Metropolitan Division (hereafter ``metropolitan division'') of the New 
York-Newark-Edison, NY-NJ-PA Metropolitan Statistical Area, shall be 
adjusted by the Secretary of

[[Page 118 STAT. 3316]]

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

[[Page 118 STAT. 3317]]

    Sec. 208. Corporations and agencies of the Department of Housing and 
Urban Development which are subject to the Government Corporation 
Control Act, as amended, are hereby authorized to make such 
expenditures, within the limits of funds and borrowing authority 
available to each such corporation or agency and in accordance with law, 
and to make such contracts and commitments without regard to fiscal year 
limitations as provided by section 104 of such Act as may be necessary 
in carrying out the programs set forth in the budget for 2005 for such 
corporation or agency except as hereinafter provided: Provided, That 
collections of these corporations and agencies may be used for new loan 
or mortgage purchase commitments only to the extent expressly provided 
for in this Act (unless such loans are in support of other forms of 
assistance provided for in this or prior appropriations Acts), except 
that this proviso shall not apply to the mortgage insurance or guaranty 
operations of these corporations, or where loans or mortgage purchases 
are necessary to protect the financial interest of the United States 
Government.
    Sec. 209. None of the funds provided in this title for technical 
assistance, training, or management improvements may be obligated or 
expended unless HUD provides to the Committees on Appropriations a 
description of each proposed activity and a detailed budget estimate of 
the costs associated with each program, project or activity as part of 
the Budget Justifications. <<NOTE: Deadline.>> For fiscal year 2005, HUD 
shall transmit this information to the Committees by March 15, 2005 for 
30 days of review.

    Sec. 210. <<NOTE: Reports. Deadlines.>> The Secretary of Housing and 
Urban Development shall provide quarterly reports to the House and 
Senate Committees on Appropriations regarding all uncommitted, 
unobligated, recaptured and excess funds in each program and activity 
within the jurisdiction of the Department and shall submit additional, 
updated budget information to these Committees upon request.

    Sec. 211. Notwithstanding any other provision of law, in fiscal year 
2005, in managing and disposing of any multifamily property that is 
owned or held by the Secretary and is occupied primarily by elderly or 
disabled families, the Secretary of Housing and Urban Development shall 
maintain any rental assistance payments under section 8 of the United 
States Housing Act of 1937 that are attached to any dwelling units in 
the property. To the extent the Secretary determines that such a 
multifamily property owned or held by the Secretary is not feasible for 
continued rental assistance payments under such section 8, the Secretary 
may, in consultation with the tenants of that property, contract for 
project-based rental assistance payments with an owner or owners of 
other existing housing properties or provide other rental assistance.
    Sec. 212. <<NOTE: HIV/AIDS.>> (a) Notwithstanding any other 
provision of law, the amount allocated for fiscal year 2005 under 
section 854(c) of the AIDS Housing Opportunity Act (42 U.S.C. 12903(c)), 
to the City of Wilmington, Delaware, on behalf of the Wilmington, 
Delaware-Maryland-New Jersey Metropolitan Division (hereafter 
``metropolitan division''), shall be adjusted by the Secretary of 
Housing and Urban Development by allocating to the State of New Jersey 
the proportion of the metropolitan division's amount that is based on 
the number of cases of AIDS reported in the portion of the metropolitan 
division that is located in New Jersey. The State of New Jersey shall 
use amounts allocated to the State under this subsection to carry out 
eligible activities under section 855 of the

[[Page 118 STAT. 3318]]

AIDS Housing Opportunity Act (42 U.S.C. 12904) in the portion of the 
metropolitan division that is located in New Jersey.

    (b) Notwithstanding any other provision of law, the Secretary of 
Housing and Urban Development shall allocate to Wake County, North 
Carolina, the amounts that otherwise would be allocated for fiscal year 
2005 under section 854(c) of the AIDS Housing Opportunity Act (42 U.S.C. 
12903(c)) to the City of Raleigh, North Carolina, on behalf of the 
Raleigh-Cary, North Carolina Metropolitan Statistical Area. Any amounts 
allocated to Wake County shall be used to carry out eligible activities 
under section 855 of such Act (42 U.S.C. 12904) within such metropolitan 
statistical area.
    (c) Notwithstanding section 854(c) of the AIDS Housing Opportunity 
Act (42 U.S.C. 12903(c)), the Secretary of Housing and Urban Development 
may adjust the allocation of the amounts that otherwise would be 
allocated for fiscal year 2005 under section 854(c) of such Act, upon 
the written request of an applicant, in conjunction with the State(s), 
for a formula allocation on behalf of a metropolitan statistical area, 
to designate the State or States in which the metropolitan statistical 
area is located as the eligible grantee(s) of the allocation. In the 
case that a metropolitan statistical area involves more than one State, 
such amounts allocated to each State shall be in proportion to the 
number of cases of AIDS reported in the portion of the metropolitan 
statistical area located in that State. Any amounts allocated to a State 
under this section shall be used to carry out eligible activities within 
the portion of the metropolitan statistical area located in that State.
    Sec. 213. <<NOTE: 12 USC 1701q-3.>> Notwithstanding any other 
provision of law, for this fiscal year and every fiscal year thereafter, 
funds appropriated for housing for the elderly, as authorized by section 
202 of the Housing Act of 1959, as amended, and for supportive housing 
for persons with disabilities, as authorized by section 811 of the 
Cranston-Gonzalez National Affordable Housing Act, shall be available 
for the cost of maintaining and disposing of such properties that are 
acquired or otherwise become the responsibility of the Department.

    Sec. 214. <<NOTE: Reports. Deadlines. 42 USC 1437 note.>> The 
Secretary of Housing and Urban Development shall submit an annual report 
no later than August 30, 2005 and annually thereafter to the House and 
Senate Committees on Appropriations regarding the number of Federally 
assisted units under lease and the per unit cost of these units to the 
Department of Housing and Urban Development.

    Sec. 215. The Department of Housing and Urban Development shall 
submit the Department's fiscal year 2006 congressional budget 
justifications to the Committees on Appropriations of the House of 
Representatives and the Senate using the identical structure provided 
under this Act and only in accordance with the direction specified in 
the report accompanying this Act.
    Sec. 216. That incremental voucher previously made available under 
the heading ``Housing Certificate Fund'' for non-elderly disabled 
families shall, to the extent practicable, continue to be provided to 
non-elderly disabled families upon turnover.
    Sec. 217. The installment contract between the Village of Hanna 
City, Illinois and the General Services Administration is in the nature 
of a purchase money mortgage which will be paid off at initial closing. 
The Department of Housing and Urban Development shall accept the Village 
of Hanna City, Illinois' holding

[[Page 118 STAT. 3319]]

of equitable title to this property as sufficient for the purposes of 
the section 202 housing program.
    Sec. 218. A public housing agency or such other entity that 
administers Federal housing assistance in the States of Alaska, Iowa, 
and Mississippi shall not be required to include a resident of public 
housing or a recipient of assistance provided under section 8 of the 
United States Housing Act of 1937 on the board of directors or a similar 
governing board of such agency or entity as required under section 
(2)(b) of such Act. Each public housing agency or other entity that 
administers Federal housing assistance under section 8 in the States of 
Alaska, Iowa and Mississippi shall establish an advisory board of not 
less than 6 residents of public housing or recipients of section 8 
assistance to provide advice and comment to the public housing agency or 
other administering entity on issues related to public housing and 
section 8. Such advisory board shall meet not less than quarterly.
    Sec. 219. (a) Section 536(b)(1) of the National Housing Act (12 
U.S.C. 1735f-14(b)(1)) is amended by adding the following new 
subparagraph at the end:
                    ``(J) Failure to perform a required physical 
                inspection of the mortgaged property.''.

    (b) Section 537(c)(1)(B)(ii) of such Act (12 U.S.C. 1735f-
15(c)(1)(B)(ii)) is amended by inserting after ``rents,'' the following: 
``other revenues, or contract rights,''.
    (c) Section 537(c)(1)(B)(x) of such Act (12 U.S.C. 1735f-
15(c)(1)(B)(x)) is amended to read as follows:
                          ``(x) <<NOTE: Expiration date.>> Failure to 
                      furnish the Secretary, by the expiration of the 
                      90-day period beginning on the first day after the 
                      completion of each fiscal year (unless the 
                      Secretary has approved an extension of the 90-day 
                      period in writing), with a complete annual 
                      financial report, in accordance with requirements 
                      prescribed by the Secretary, including 
                      requirements that the report be--
                                    ``(I) based upon an examination of 
                                the books and records of the mortgagor;
                                    ``(II) prepared and certified to by 
                                an independent public accountant or a 
                                certified public accountant (unless the 
                                Secretary has waived this requirement in 
                                writing); and
                                    ``(III) certified to by the 
                                mortgagor or an authorized 
                                representative of the mortgagor.

``The Secretary shall approve an extension where the mortgagor 
demonstrates that failure to comply with this clause is due to events 
beyond the control of the mortgagor.''.
    Sec. 220. Section 421 of the Housing and Community Development Act 
of 1987 (12 U.S.C. 1715z-4a) is amended--
            (1) in subsection (a)(1)(A), by inserting after ``project'' 
        the following: ``, nursing home, intermediate care facility, 
        board and care home, assisted living facility, or hospital'';
            (2) in subsection (a)(1)(B), by inserting after ``is'' the 
        following: ``or, at the time of the violations, was'';
            (3) in the second sentence of subsection(a)(1), by striking 
        ``project'' and inserting ``property'';
            (4) in subsection (a)(2) by striking ``which'' and all that 
        follows through ``any owner'' and inserting the following: 
        ``that

[[Page 118 STAT. 3320]]

        owns or operates a property, as identified in the regulatory 
        agreement, including but not limited to--
                    ``(A) any stockholder holding 25 percent or more 
                interest of a corporation that owns that property;
                    ``(B) any beneficial owner of the property under any 
                business or trust;
                    ``(C) any officer, director, or partner of an entity 
                owning or controlling the property;
                    ``(D) any nursing home lessee or operator;
                    ``(E) any hospital lessee or operator;
                    ``(F) any other person or entity that controls the 
                property regardless of that person or entity's official 
                relationship to the property; and
                    ``(G) any heir, assignee, successor in interest, or 
                agent of any person or entity described in the preceding 
                subparagraphs'';
            (5) in subsection (c), by striking ``project'' the first two 
        places it appears and inserting ``property''; and
            (6) in subsection (d), by striking ``project'' and inserting 
        ``a property's''.

    Sec. 221. Section 204(h) of the National Housing Act (12 U.S.C. 
1710(h)) is amended--
            (1) in paragraph (2)--
                    (A) by striking ``following assets of the 
                Secretary'' and inserting ``following categories of 
                assets of the Secretary, unless the Secretary determines 
                at any time that the asset property is economically or 
                otherwise infeasible to rehabilitate or that the best 
                use of the asset property is as open space (including 
                park land)'';
                    (B) in subparagraph (B)(ii), by inserting after 
                ``Act'' the following: ``except for mortgages insured 
                under or made pursuant to sections 235, 247, or 255''; 
                and
                    (C) by striking subparagraph (C);
            (2) in the second sentence of paragraph (3), by inserting 
        after ``government'' the following: ``, States, and Indian 
        tribes'';
            (3) in paragraph (4)--
                    (A) in subparagraph (A)(i), by inserting after 
                ``government'' the following: ``, State, or Indian 
                tribe'';
                    (B) by revising subparagraph (B)(ii) to read as 
                follows:
                          ``(ii) purchases all assets of the Secretary 
                      in the category or categories of eligible assets 
                      set forth in the sale agreement required under 
                      paragraph (7) that, at any time during the period 
                      which shall be set forth in the sale agreement--
                                    ``(I) are or become eligible for 
                                purchase under this subsection; and
                                    ``(II) are located in the asset 
                                control area of the purchaser; and''; 
                                and
                    (C) in subparagraph (C), by striking ``purchase of 
                eligible assets under'' and inserting ``purchase of the 
                category or categories of eligible assets set forth in 
                the sale agreement under'';
            (4) in paragraph (6)--
                    (A) by revising subparagraph (C) to read as follows:
                    ``(C) Discounts.--The Secretary, in the sole 
                discretion of the Secretary, shall establish the 
                discount under this

[[Page 118 STAT. 3321]]

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

    Sec. 222. Section 203(c) of the National Housing Act (12 U.S.C. 
1709(c)), as amended, is further amended in paragraph (1) by striking 
``subsections (n) and (k)'' and inserting ``subsection (n)'' and 
striking ``or (k)''.
    Sec. 223. Section 203(c)(2)(A) of the National Housing Act (12 
U.S.C. 1709(c)(2)(A)) is amended in the last sentence after 
``subparagraph'' by inserting the following: ``, provided that the 
mortgagor refinances the unpaid principal obligation under title II of 
this Act''. <<NOTE: Applicability. 12 USC 1709 note.>> This provision 
shall apply to loans that become insured on or after date of enactment 
of this Act.

    Sec. 224. The portion of any athletic scholarship assistance that is 
available for housing costs shall be considered adjusted income for 
purposes of section 3(b)(5) of the United States Housing Act of 
1937. <<NOTE: Notice. Requirements.>> The Secretary of Housing and Urban 
Development shall by notice establish criteria under which persons who 
receive athletic scholarship assistance may be denied housing assistance 
under the United States Housing Act of 1937.

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

[[Page 118 STAT. 3322]]

                     TITLE III--INDEPENDENT AGENCIES

                  American Battle Monuments Commission

                          Salaries and Expenses

    For necessary expenses, not otherwise provided for, of the American 
Battle Monuments Commission, including the acquisition of land or 
interest in land in foreign countries; purchases and repair of uniforms 
for caretakers of national cemeteries and monuments outside of the 
United States and its territories and possessions; rent of office and 
garage space in foreign countries; purchase (one for replacement only) 
and hire of passenger motor vehicles; not to exceed $7,500 for official 
reception and representation expenses; and insurance of official motor 
vehicles in foreign countries, when required by law of such countries, 
$41,100,000, to remain available until expended.

                  foreign currency fluctuations account

    For necessary expenses, not otherwise provided for, of the American 
Battle Monuments Commission, $12,000,000, to remain available until 
expended, for purposes authorized by 36 U.S.C. 2109.

             Chemical Safety and Hazard Investigation Board

                          salaries and expenses

    For necessary expenses in carrying out activities pursuant to 
section 112(r)(6) of the Clean Air Act, as amended, including hire of 
passenger vehicles, uniforms or allowances therefore, as authorized by 5 
U.S.C. 5901-5902, and for services authorized by 5 U.S.C. 3109 but at 
rates for individuals not to exceed the per diem equivalent to the 
maximum rate payable for senior level positions under 5 U.S.C. 5376, 
$9,100,000: Provided, That the Chemical Safety and Hazard Investigation 
Board (Board) shall have not more than three career Senior Executive 
Service positions: Provided further, That notwithstanding any other 
provision of law, <<NOTE: 5 USC app. 8G note.>> the individual appointed 
to the position of Inspector General of the Environmental Protection 
Agency (EPA) shall, by virtue of such appointment, also hold the 
position of Inspector General of the Board: Provided further, That 
notwithstanding any other provision of law, the Inspector General of the 
Board shall utilize personnel of the Office of Inspector General of EPA 
in performing the duties of the Inspector General of the Board, and 
shall not appoint any individuals to positions within the Board.

                             emergency fund

    For necessary expenses of the Chemical Safety and Hazard 
Investigation Board for accident investigations not otherwise provided 
for, $400,000, to remain available until expended.

[[Page 118 STAT. 3323]]

                       Department of the Treasury

              Community Development Financial Institutions

    Community Development Financial Institutions Fund Program Account

    To carry out the Community Development Banking and Financial 
Institutions Act of 1994, including services authorized by 5 U.S.C. 
3109, but at rates for individuals not to exceed the per diem rate 
equivalent to the rate for ES-3, $55,522,000, to remain available until 
September 30, 2006, of which $4,000,000 shall be for financial 
assistance, technical assistance, training and outreach programs 
designed to benefit Native American, Native Hawaiian, and Alaskan Native 
communities and provided primarily through qualified community 
development lender organizations with experience and expertise in 
community development banking and lending in Indian country, Native 
American organizations, tribes and tribal organizations and other 
suitable providers, and up to $14,900,000 may be used for administrative 
expenses, including administration of the New Markets Tax Credit, up to 
$6,000,000 may be used for the cost of direct loans, and up to $250,000 
may be used for administrative expenses to carry out the direct loan 
program: Provided, That the cost of direct loans, including the cost of 
modifying such loans, shall be as defined in section 502 of the 
Congressional Budget Act of 1974, as amended: Provided further, That 
these funds are available to subsidize gross obligations for the 
principal amount of direct loans not to exceed $11,000,000.

                   Consumer Product Safety Commission

                          salaries and expenses

    For necessary expenses of the Consumer Product Safety Commission, 
including hire of passenger motor vehicles, services as authorized by 5 
U.S.C. 3109, but at rates for individuals not to exceed the per diem 
rate equivalent to the maximum rate payable under 5 U.S.C. 5376, 
purchase of nominal awards to recognize non-Federal officials' 
contributions to Commission activities, and not to exceed $500 for 
official reception and representation expenses, $62,650,000.

             Corporation for National and Community Service

       national and community service programs operating expenses

                      (including transfer of funds)

    For necessary expenses for the Corporation for National and 
Community Service (the ``Corporation'') in carrying out programs, 
activities, and initiatives under the National and Community Service Act 
of 1990 (the ``Act'') (42 U.S.C. 12501 et seq.), $545,884,000, to remain 
available until September 30, 2006: Provided, That not more than 
$290,000,000 of the amount provided under this heading shall be 
available for grants under the National Service Trust Program authorized 
under subtitle C of title I of the Act (42 U.S.C. 12571 et seq.) 
(relating to activities of the AmeriCorps program), including grants to 
organizations operating projects under the AmeriCorps Education Awards 
Program (without

[[Page 118 STAT. 3324]]

regard to the requirements of sections 121(d) and (e), section 131(e), 
section 132, and sections 140(a), (d), and (e) of the Act): Provided 
further, That not less than $144,000,000 of the amount provided under 
this heading, to remain available without fiscal year limitation, shall 
be transferred to the National Service Trust for educational awards 
authorized under subtitle D of title I of the Act (42 U.S.C. 12601), of 
which up to $3,900,000 shall be available to support national service 
scholarships for high school students performing community service, and 
of which $13,000,000 shall be held in reserve as defined in Public Law 
108-45: Provided further, That in addition to amounts otherwise provided 
to the National Service Trust under the second proviso, the Corporation 
may transfer funds from the amount provided under the first proviso, to 
the National Service Trust authorized under subtitle D of title I of the 
Act (42 U.S.C. 12601) upon determination that such transfer is necessary 
to support the activities of national service participants and after 
notice is transmitted to Congress: Provided further, That of the amount 
provided under this heading for grants under the National Service Trust 
program authorized under subtitle C of title I of the Act, not more than 
$55,000,000 may be used to administer, reimburse, or support any 
national service program authorized under section 121(d)(2) of such Act 
(42 U.S.C. 12581(d)(2)): Provided further, That not more than 
$13,334,000 shall be available for quality and innovation activities 
authorized under subtitle H of title I of the Act (42 U.S.C. 12853 et 
seq.), of which $4,000,000 shall be available for challenge grants to 
non-profit organizations: Provided further, That notwithstanding 
subtitle H of title I of the Act (42 U.S.C. 12853), none of the funds 
provided under the previous proviso shall be used to support salaries 
and related expenses (including travel) attributable to Corporation 
employees: Provided further, That to the maximum extent feasible, funds 
appropriated under subtitle C of title I of the Act shall be provided in 
a manner that is consistent with the recommendations of peer review 
panels in order to ensure that priority is given to programs that 
demonstrate quality, innovation, replicability, and sustainability: 
Provided further, That $25,500,000 of the funds made available under 
this heading shall be available for the Civilian Community Corps 
authorized under subtitle E of title I of the Act (42 U.S.C. 12611 et 
seq.): Provided further, That $43,000,000 shall be available for school-
based and community-based service-learning programs authorized under 
subtitle B of title I of the Act (42 U.S.C. 12521 et seq.): Provided 
further, That $3,550,000 shall be available for audits and other 
evaluations authorized under section 179 of the Act (42 U.S.C. 12639): 
Provided further, That $10,000,000 of the funds made available under 
this heading shall be made available for the Points of Light Foundation 
for activities authorized under title III of the Act (42 U.S.C. 12661 et 
seq.), of which not more than $2,500,000 may be used to support an 
endowment fund, the corpus of which shall remain intact and the interest 
income from which shall be used to support activities described in title 
III of the Act, provided that the Foundation may invest the corpus and 
income in federally insured bank savings accounts or comparable interest 
bearing accounts, certificates of deposit, money market funds, mutual 
funds, obligations of the United States, and other market instruments 
and securities but not in real estate investments: Provided further, 
That no funds shall be available for national service programs run by 
Federal

[[Page 118 STAT. 3325]]

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

                          SALARIES AND EXPENSES

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

                       Office of Inspector General

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

                        administrative provisions

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

[[Page 118 STAT. 3326]]

grant selection process, no officer or employee of the Corporation shall 
knowingly disclose any covered grant selection information regarding 
such selection, directly or indirectly, to any person other than an 
officer or employee of the Corporation that is authorized by the 
Corporation to receive such information.

                U.S. Court of Appeals for Veterans Claims

                          salaries and expenses

    For necessary expenses for the operation of the United States Court 
of Appeals for Veterans Claims as authorized by 38 U.S.C. 7251-7298, 
$17,250,000, of which $1,100,000 shall be available for the purpose of 
providing financial assistance as described, and in accordance with the 
process and reporting procedures set forth, under this heading in Public 
Law 102-229.

                      Department of Defense--Civil

                        Cemeterial Expenses, Army

                          salaries and expenses

    For necessary expenses, as authorized by law, for maintenance, 
operation, and improvement of Arlington National Cemetery and Soldiers' 
and Airmen's Home National Cemetery, including the purchase of one 
passenger motor vehicle for replacement only, and not to exceed $1,000 
for official reception and representation expenses, $29,600,000, to 
remain available until expended.

                 Department of Health and Human Services

                      National Institutes of Health

           national institute of environmental health sciences

    For necessary expenses for the National Institute of Environmental 
Health Sciences in carrying out activities set forth in section 311(a) 
of the Comprehensive Environmental Response, Compensation, and Liability 
Act of 1980, as amended, and section 126(g) of the Superfund Amendments 
and Reauthorization Act of 1986, $80,486,000.

            Agency for Toxic Substances and Disease Registry

            toxic substances and environmental public health

    For necessary expenses for the Agency for Toxic Substances and 
Disease Registry (ATSDR) in carrying out activities set forth in 
sections 104(i), 111(c)(4), and 111(c)(14) of the Comprehensive 
Environmental Response, Compensation, and Liability Act of 1980 
(CERCLA), as amended; section 118(f) of the Superfund Amendments and 
Reauthorization Act of 1986 (SARA), as amended; and section 3019 of the 
Solid Waste Disposal Act, as amended, $76,654,000: Provided, That 
notwithstanding any other provision of law, in lieu of performing a 
health assessment under section 104(i)(6) of CERCLA, the Administrator 
of ATSDR may conduct other appropriate health studies, evaluations, or 
activities,

[[Page 118 STAT. 3327]]

including, without limitation, biomedical testing, clinical evaluations, 
medical monitoring, and referral to accredited health care providers: 
Provided further, That in performing any such health assessment or 
health study, evaluation, or activity, the Administrator of ATSDR shall 
not be bound by the deadlines in section 104(i)(6)(A) of CERCLA: 
Provided further, That none of the funds appropriated under this heading 
shall be available for ATSDR to issue in excess of 40 toxicological 
profiles pursuant to section 104(i) of CERCLA during fiscal year 2005, 
and existing profiles may be updated as necessary.

                     Environmental Protection Agency

                         science and technology

                      (including transfer of funds)

    For science and technology, including research and development 
activities, which shall include research and development activities 
under the Comprehensive Environmental Response, Compensation, and 
Liability Act of 1980, as amended; necessary expenses for personnel and 
related costs and travel expenses, including uniforms, or allowances 
therefor, as authorized by 5 U.S.C. 5901-5902; services as authorized by 
5 U.S.C. 3109, but at rates for individuals not to exceed the per diem 
rate equivalent to the maximum rate payable for senior level positions 
under 5 U.S.C. 5376; procurement of laboratory equipment and supplies; 
other operating expenses in support of research and development; 
construction, alteration, repair, rehabilitation, and renovation of 
facilities, not to exceed $85,000 per project, $750,061,000, which shall 
remain available until September 30, 2006: Provided, That of the amounts 
made available under this heading $1,000,000 shall be transferred to the 
Office of Environmental Quality Management fund.

                  environmental programs and management

    For environmental programs and management, including necessary 
expenses, not otherwise provided for, for personnel and related costs 
and travel expenses, including uniforms, or allowances therefor, as 
authorized by 5 U.S.C. 5901-5902; services as authorized by 5 U.S.C. 
3109, but at rates for individuals not to exceed the per diem rate 
equivalent to the maximum rate payable for senior level positions under 
5 U.S.C. 5376; hire of passenger motor vehicles; hire, maintenance, and 
operation of aircraft; purchase of reprints; library memberships in 
societies or associations which issue publications to members only or at 
a price to members lower than to subscribers who are not members; 
construction, alteration, repair, rehabilitation, and renovation of 
facilities, not to exceed $85,000 per project; and not to exceed $9,000 
for official reception and representation expenses, $2,313,409,000, 
which shall remain available until September 30, 2006, including 
administrative costs of the brownfields program under the Small Business 
Liability Relief and Brownfields Revitalization Act of 2002.

                       office of inspector general

    For necessary expenses of the Office of Inspector General in 
carrying out the provisions of the Inspector General Act of 1978, as 
amended, and for construction, alteration, repair, rehabilitation,

[[Page 118 STAT. 3328]]

and renovation of facilities, not to exceed $85,000 per project, 
$38,000,000, to remain available until September 30, 2006.

                        Buildings and Facilities

    For construction, repair, improvement, extension, alteration, and 
purchase of fixed equipment or facilities of, or for use by, the 
Environmental Protection Agency, $39,000,000, to remain available until 
expended.

                      Hazardous Substance Superfund

                     (including transfers of funds)

    For necessary expenses to carry out the Comprehensive Environmental 
Response, Compensation, and Liability Act of 1980 (CERCLA), as amended, 
including sections 111(c)(3), (c)(5), (c)(6), and (e)(4) (42 U.S.C. 
9611), and for construction, alteration, repair, rehabilitation, and 
renovation of facilities, not to exceed $85,000 per project; 
$1,257,537,000, to remain available until expended, consisting of such 
sums as are available in the Trust Fund upon the date of enactment of 
this Act as authorized by section 517(a) of the Superfund Amendments and 
Reauthorization Act of 1986 (SARA) and up to $1,257,537,000 as a payment 
from general revenues to the Hazardous Substance Superfund for purposes 
as authorized by section 517(b) of SARA, as amended: Provided, That 
funds appropriated under this heading may be allocated to other Federal 
agencies in accordance with section 111(a) of CERCLA: Provided further, 
That of the funds appropriated under this heading, $13,000,000 shall be 
transferred to the ``Office of Inspector General'' appropriation to 
remain available until September 30, 2006, and $36,097,000 shall be 
transferred to the ``Science and technology'' appropriation to remain 
available until September 30, 2006.

                leaking underground storage tank program

    For necessary expenses to carry out leaking underground storage tank 
cleanup activities authorized by section 205 of the Superfund Amendments 
and Reauthorization Act of 1986, and for construction, alteration, 
repair, rehabilitation, and renovation of facilities, not to exceed 
$85,000 per project, $70,000,000, to remain available until expended.

                           oil spill response

    For expenses necessary to carry out the Environmental Protection 
Agency's responsibilities under the Oil Pollution Act of 1990, 
$16,000,000, to be derived from the Oil Spill Liability trust fund, to 
remain available until expended.

                   State and Tribal Assistance Grants

    For environmental programs and infrastructure assistance, including 
capitalization grants for State revolving funds and performance 
partnership grants, $3,604,182,000, to remain available until expended, 
of which $1,100,000,000 shall be for making capitalization grants for 
the Clean Water State Revolving Funds under title VI of the Federal 
Water Pollution Control Act, as amended (the ``Act''), of which up to 
$50,000,000 shall be available for loans, including interest free loans 
as authorized by 33 U.S.C.

[[Page 118 STAT. 3329]]

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

[[Page 118 STAT. 3330]]

including associated program support costs, and $18,000,000 shall be for 
making competitive targeted watershed grants: Provided 
further, <<NOTE: 42 USC 300j-12 note.>> That for fiscal year 2005, State 
authority under section 302(a) of Public Law 104-182 shall remain in 
effect: Provided further, That notwithstanding section 603(d)(7) of the 
Act, the limitation on the amounts in a State water pollution control 
revolving fund that may be used by a State to administer the fund shall 
not apply to amounts included as principal in loans made by such fund in 
fiscal year 2005 and prior years where such amounts represent costs of 
administering the fund to the extent that such amounts are or were 
deemed reasonable by the Administrator, accounted for separately from 
other assets in the fund, and used for eligible purposes of the fund, 
including administration: <<NOTE: 33 USC 1377 note.>> Provided further, 
That for fiscal year 2005, and notwithstanding section 518(f) of the 
Act, the Administrator is authorized to use the amounts appropriated for 
any fiscal year under section 319 of that Act to make grants to Indian 
tribes pursuant to sections 319(h) and 518(e) of that Act: Provided 
further, That for fiscal year 2005, notwithstanding the limitation on 
amounts in section 518(c) of the Act, up to a total of 1\1/2\ percent of 
the funds appropriated for State Revolving Funds under title VI of that 
Act may be reserved by the Administrator for grants under section 518(c) 
of such Act: Provided further, That no funds provided by this 
legislation to address the water, wastewater and other critical 
infrastructure needs of the colonias in the United States along the 
United States-Mexico border shall be made available to a county or 
municipal government unless that government has established an 
enforceable local ordinance, or other zoning rule, which prevents in 
that jurisdiction the development or construction of any additional 
colonia areas, or the development within an existing colonia the 
construction of any new home, business, or other structure which lacks 
water, wastewater, or other necessary infrastructure: Provided further, 
That the referenced statement of the managers under this heading in 
Public Law 108-7, in reference to item number 471, is deemed to be 
amended by striking everything after ``for'' and inserting the 
following: ``for water infrastructure improvements'': Provided further, 
That the referenced statement of the managers under this heading in 
Public Law 108-199, in reference to item number 22, is deemed to be 
amended by striking everything after ``22.'' and inserting the 
following: ``$200,000 to Jackson County, Alabama, for water system 
improvements and $200,000 to the City of Muscle Shoals, Alabama, for 
water and sewer infrastructure improvements'': Provided further, That 
the referenced statement of the managers under this heading in Public 
Law 108-199, in reference to item number 158, is deemed to be amended by 
inserting ``water and'' after ``for'': Provided further, That the 
referenced statement of the managers under this heading in Public Law 
107-73 is deemed to be amended by striking ``Southeast'' in reference to 
item 9 and inserting ``Southwest'': Provided further, That the 
referenced statement of the managers under this heading in Public Law 
107-73, in reference to item number 103, is deemed to be amended by 
striking everything after the word ``for'', and adding, ``the City of 
Chicago, Illinois for water infrastructure improvements at the Thomas 
Jefferson and Lakeview Pumping Stations'': Provided further, That the 
referenced statement of the managers under this heading in Public Law 
108-199, in reference to item number 484, is deemed to be amended by 
striking ``City of Norfolk'' and inserting

[[Page 118 STAT. 3331]]

``Portsmouth Virginia'': Provided further, That the referenced statement 
of the managers under this heading in Public Law 108-199, in reference 
to item number 283, is deemed to be amended by striking ``City of 
Kalispell, Montana'' and inserting ``Flathead County Water and Sewer 
District No. 1--Evergreen'': Provided further, That the referenced 
statement of managers under this heading in Public Law 108-7, in 
reference to item number 139, is deemed to be amended by striking 
``State of Hawaii Health Department'' and inserting ``County of 
Hawaii'': Provided further, That the referenced statement of managers 
under this heading in Public Law 108-199, in reference to item number 
148, is deemed to be amended by striking everything after the word 
``for'' and inserting ``the replacement of cesspools in Hawaii, $250,000 
to the City and County of Honolulu for Varona Village, $500,000 to the 
County of Hawaii and the remainder to the Housing and Community 
Development Corporation of Hawaii;'': Provided further, That the 
referenced statement of the managers under this heading in Public Law 
108-199, in reference to item number 388, is deemed to be amended by 
striking everything after the word ``for'' and inserting ``the Southeast 
Water Treatment Plant in Lawton, Oklahoma for water and wastewater 
infrastructure improvements;'': Provided further, That the referenced 
statement of the managers under this heading in Public Law 106-377, in 
reference to item number 46, is deemed to be amended by striking ``to 
construct pump stations, force mains, storage lagoons and spray 
irrigation facility'', and inserting ``for wastewater treatment 
improvements'': Provided further, That the referenced statement of the 
managers under this heading in Public Law 108-199, in reference to item 
number 409, is deemed to be amended by striking ``City of'' and 
``Pennsylvania'': Provided further, That the referenced statement of the 
managers under this heading in Public Law 108-199, in reference to item 
number 265, is deemed to be amended by striking ``Franklin County'', and 
inserting ``Okhissa Lake Sewer District'': Provided further, That the 
referenced statement of the managers under this heading in Public Law 
108-199, in reference to item number 322, is deemed to be amended by 
inserting ``and water'' after ``wastewater'': Provided further, That the 
referenced statement of the managers under this heading in Public Law 
108-199, in reference to item number 173, is deemed to be amended by 
inserting ``planning, design and'' prior to ``construction'': Provided 
further, notwithstanding any other provision of law, the Environmental 
Protection Agency and the New York State Department of Environmental 
Conservation are authorized to award a $2,000,000 grant to the Town of 
Wheatfield, Niagara County, New York for the construction of sanitary 
collector sewers from funds realloted to the State of New York under 
title II of the Clean Water Act: Provided further, That the referenced 
statement of the managers under this heading in Public Law 108-199, in 
reference to item number 184, is deemed to be amended by striking ``be 
divided equally between'' and by striking ``and'' and inserting in place 
of ``and'', ``or''.

                        Administrative Provisions

    For fiscal year 2005, notwithstanding 31 U.S.C. 6303(1) and 6305(1), 
the Administrator of the Environmental Protection Agency, in carrying 
out the Agency's function to implement directly Federal environmental 
programs required or authorized by law in the absence of an acceptable 
tribal program, may award cooperative

[[Page 118 STAT. 3332]]

agreements to federally-recognized Indian Tribes or Intertribal 
consortia, if authorized by their member Tribes, to assist the 
Administrator in implementing Federal environmental programs for Indian 
Tribes required or authorized by law, except that no such cooperative 
agreements may be awarded from funds designated for State financial 
assistance agreements.
    The Administrator of the Environmental Protection Agency is 
authorized to collect and obligate pesticide registration service fees 
in accordance with section 33 of the Federal Insecticide, Fungicide, and 
Rodenticide Act (as added by subsection (f)(2) of the Pesticide 
Registration Improvement Act of 2003), as amended.
    Notwithstanding CERCLA 104(k)(4)(B)(i)(IV), appropriated funds for 
fiscal year 2005 may be used to award grants or loans under section 
104(k) of CERCLA to eligible entities that satisfy all of the elements 
set forth in CERCLA section 101(40) to qualify as a bona fide 
prospective purchaser except that the date of acquisition of the 
property was prior to the date of enactment of the Small Business 
Liability Relief and Brownfield Revitalization Act of 2001.
    The <<NOTE: 33 USC 1268 note.>> Administrator may hereafter receive 
and use funds contributed by a non-Federal sponsor as its share of the 
cost of a project to carry out a project under paragraph (c)(12) of 
section 118 of the Federal Water Pollution Control Act, as amended.

                    Executive Office of the President

                 Office of Science and Technology Policy

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

  Council on Environmental Quality and Office of Environmental Quality

    For necessary expenses to continue functions assigned to the Council 
on Environmental Quality and Office of Environmental Quality pursuant to 
the National Environmental Policy Act of 1969, the Environmental Quality 
Improvement Act of 1970, and Reorganization Plan No. 1 of 1977, and not 
to exceed $750 for official reception <<NOTE: 42 USC 4342 note.>> and 
representation expenses, $3,284,000: Provided, That notwithstanding 
section 202 of the National Environmental Policy Act of 1970, the 
Council shall consist of one member, appointed by the President, by and 
with the advice and consent of the Senate, serving as chairman and 
exercising all powers, functions, and duties of the Council.

                  Federal Deposit Insurance Corporation

                       Office of Inspector General

    For necessary expenses of the Office of Inspector General in 
carrying out the provisions of the Inspector General Act of 1978, as 
amended, $30,125,000, to be derived from the Bank Insurance

[[Page 118 STAT. 3333]]

Fund, the Savings Association Insurance Fund, and the FSLIC Resolution 
Fund.

                     General Services Administration

                 federal citizen information center fund

    For necessary expenses of the Federal Citizen Information Center, 
including services authorized by 5 U.S.C. 3109, $14,907,000, to be 
deposited into the Federal Citizen Information Center Fund: Provided, 
That the appropriations, revenues, and collections deposited into the 
Fund shall be available for necessary expenses of Federal Citizen 
Information Center activities in the aggregate amount not to exceed 
$27,000,000. Appropriations, revenues, and collections accruing to this 
Fund during fiscal year 2005 in excess of such amount shall remain in 
the Fund and shall not be available for expenditure except as authorized 
in appropriations Acts.

            United States Interagency Council on Homelessness

                           OPERATING EXPENSES

    For necessary expenses (including payment of salaries, authorized 
travel, hire of passenger motor vehicles, the rental of conference 
rooms, and the employment of experts and consultants under section 3109 
of title 5, United States Code) of the United States Interagency Council 
on Homelessness in carrying out the functions pursuant to title II of 
the McKinney-Vento Homeless Assistance Act, as amended, $1,500,000.

              National Aeronautics and Space Administration

                  Science, Aeronautics And Exploration

                      (including transfer of funds)

    For necessary expenses, not otherwise provided for, in the conduct 
and support of science, aeronautics and exploration research and 
development activities, including research, development, operations, 
support and services; maintenance; construction of facilities including 
repair, rehabilitation, revitalization, and modification of facilities, 
construction of new facilities and additions to existing facilities, 
facility planning and design, and restoration, and acquisition or 
condemnation of real property, as authorized by law; environmental 
compliance and restoration; space flight, spacecraft control and 
communications activities including operations, production, and 
services; program management; personnel and related costs, including 
uniforms or allowances therefor, as authorized by 5 U.S.C. 5901-5902; 
travel expenses; purchase and hire of passenger motor vehicles; not to 
exceed $35,000 for official reception and representation expenses; and 
purchase, lease, charter, maintenance and operation of mission and 
administrative aircraft, $7,742,550,000, to remain available until 
September 30, 2006, of which amounts as determined by the Administrator 
for salaries and benefits; training, travel and awards; facility and 
related costs; information technology services; science, engineering, 
fabricating and testing services; and other administrative services may 
be transferred to ``Exploration

[[Page 118 STAT. 3334]]

capabilities'' in accordance with section 312(b) of the National 
Aeronautics and Space Act of 1958, as amended by Public Law 106-377.

                        Exploration Capabilities

                      (including transfer of funds)

    For necessary expenses, not otherwise provided for, in the conduct 
and support of exploration capabilities research and development 
activities, including research, development, operations, support and 
services; maintenance; construction of facilities including repair, 
rehabilitation, revitalization and modification of facilities, 
construction of new facilities and additions to existing facilities, 
facility planning and design, and acquisition or condemnation of real 
property, as authorized by law; environmental compliance and 
restoration; space flight, spacecraft control and communications 
activities including operations, production, and services; program 
management; personnel and related costs, including uniforms or 
allowances therefor, as authorized by 5 U.S.C. 5901-5902; travel 
expenses; purchase and hire of passenger motor vehicles; not to exceed 
$35,000 for official reception and representation expenses; and 
purchase, lease, charter, maintenance and operation of mission and 
administrative aircraft, $8,425,850,000, to remain available until 
September 30, 2006, of which amounts as determined by the Administrator 
for salaries and benefits; training, travel and awards; facility and 
related costs; information technology services; science, engineering, 
fabricating and testing services; and other administrative services may 
be transferred to ``Science, aeronautics and exploration'' in accordance 
with section 312(b) of the National Aeronautics and Space Act of 1958, 
as amended by Public Law 106-377.

                       Office of Inspector General

    For necessary expenses of the Office of Inspector General in 
carrying out the Inspector General Act of 1978, as amended, $31,600,000.

                        Administrative Provisions

    Notwithstanding the limitation on the availability of funds 
appropriated for ``Science, aeronautics and exploration'', or 
``Exploration capabilities'' by this appropriations Act, when any 
activity has been initiated by the incurrence of obligations for 
construction of facilities or environmental compliance and restoration 
activities as authorized by law, such amount available for such activity 
shall remain available until expended. This provision does not apply to 
the amounts appropriated for institutional minor revitalization and 
construction of facilities, and institutional facility planning and 
design.
    Notwithstanding the limitation on the availability of funds 
appropriated for ``Science, aeronautics and exploration'', or 
``Exploration capabilities'' by this appropriations Act, the amounts 
appropriated for construction of facilities shall remain available until 
September 30, 2007.
    The unexpired balances of prior appropriations to NASA for 
activities for which funds are provided under this Act may be 
transferred to the new account established for the appropriation

[[Page 118 STAT. 3335]]

that provides such activity under this Act. Balances so transferred may 
be merged with funds in the newly established account and thereafter may 
be accounted for as one fund under the same terms and conditions but 
shall remain available for the same period of time as originally 
appropriated.
    From amounts made available in this Act for these activities, 
subject to the operating plan procedures of the House and Senate 
Committees on Appropriations, the Administrator may transfer amounts 
between the ``Science, aeronautics, and exploration'' account and the 
``Exploration capabilities'' account.
    Funds for announced prizes otherwise authorized shall remain 
available, without fiscal year limitation, until the prize is claimed or 
the offer is withdrawn. Funding shall not be made available for 
Centennial Challenges unless authorized.
    Funding made available under the headings ``Exploration 
capabilities'' and ``Science, aeronautics, and exploration'' in this Act 
shall be governed by the terms and conditions specified in the statement 
of managers except to the extent changes are made in accordance with the 
operating plan procedures of the House and Senate Committees on 
Appropriations.

                  National Credit Union Administration

                       Central Liquidity Facility

    During fiscal year 2005, gross obligations of the Central Liquidity 
Facility for the principal amount of new direct loans to member credit 
unions, as authorized by 12 U.S.C. 1795 et seq., shall not exceed 
$1,500,000,000: Provided, That administrative expenses of the Central 
Liquidity Facility in fiscal year 2005 shall not exceed $310,000.

                Community Development Revolving Loan Fund

    For the Community Development Revolving Loan Fund program as 
authorized by 42 U.S.C. 9812, 9822, and 9910, $1,000,000 shall be 
available: Provided, That of this amount $200,000, together with amounts 
of principal and interest on loans repaid, is available until expended 
for loans to community development credit unions, and $800,000 is 
available until September 30, 2006, for technical assistance to low-
income and community development credit unions.

                       National Science Foundation

                     Research and Related Activities

    For necessary expenses in carrying out the National Science 
Foundation Act of 1950, as amended (42 U.S.C. 1861-1875), and the Act to 
establish a National Medal of Science (42 U.S.C. 1880-1881); services as 
authorized by 5 U.S.C. 3109; maintenance and operation of aircraft and 
purchase of flight services for research support; acquisition of 
aircraft; $4,254,593,000, of which not to exceed $350,000,000 shall 
remain available until expended for Polar research and operations 
support, and for reimbursement to other Federal agencies for operational 
and science support and logistical and other related activities for the 
United States Antarctic program; the balance to remain available until 
September 30, 2006: Provided, That receipts for scientific support 
services and materials furnished by the National Research Centers and 
other National Science

[[Page 118 STAT. 3336]]

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

          major research equipment and facilities construction

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

                      education and human resources

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

                          salaries and expenses

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

                  office of the NATIONAL SCIENCE BOARD

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

[[Page 118 STAT. 3337]]

involved in carrying out section 4 of the National Science Foundation 
Act of 1950 (42 U.S.C. 1863) and Public Law 86-209 (42 U.S.C. 1880 et 
seq.), $4,000,000: Provided, That not more than $9,000 shall be 
available for official reception and representation expenses.

                       office of inspector general

    For necessary expenses of the Office of Inspector General as 
authorized by the Inspector General Act of 1978, as amended, 
$10,110,000, to remain available until September 30, 2006.

                  Neighborhood Reinvestment Corporation

          payment to the neighborhood reinvestment corporation

    For payment to the Neighborhood Reinvestment Corporation for use in 
neighborhood reinvestment activities, as authorized by the Neighborhood 
Reinvestment Corporation Act (42 U.S.C. 8101-8107), $115,000,000, of 
which $5,000,000 shall be for a multi-family rental housing program.

                        Selective Service System

                          salaries and expenses

    For necessary expenses of the Selective Service System, including 
expenses of attendance at meetings and of training for uniformed 
personnel assigned to the Selective Service System, as authorized by 5 
U.S.C. 4101-4118 for civilian employees; purchase of uniforms, or 
allowances therefor, as authorized by 5 U.S.C. 5901-5902; hire of 
passenger motor vehicles; services as authorized by 5 U.S.C. 3109; and 
not to exceed $750 for official reception and representation expenses; 
$26,300,000: Provided, That during the current fiscal year, the 
President may exempt this appropriation from the provisions of 31 U.S.C. 
1341, whenever the President deems such action to be necessary in the 
interest of national defense: Provided further, That none of the funds 
appropriated by this Act may be expended for or in connection with the 
induction of any person into the Armed Forces of the United States.

      White House Commission on the National Moment of Remembrance

    For necessary expenses of the White House Commission on the National 
Moment of Remembrance, $250,000.

                      TITLE IV--GENERAL PROVISIONS

    Sec. 401. No part of any appropriation contained in this Act shall 
remain available for obligation beyond the current fiscal year unless 
expressly so provided herein.
    Sec. 402. No funds appropriated by this Act may be expended--
            (1) pursuant to a certification of an officer or employee of 
        the United States unless--
                    (A) such certification is accompanied by, or is part 
                of, a voucher or abstract which describes the payee or 
                payees and the items or services for which such 
                expenditure is being made; or

[[Page 118 STAT. 3338]]

                    (B) the expenditure of funds pursuant to such 
                certification, and without such a voucher or abstract, 
                is specifically authorized by law; and
            (2) unless such expenditure is subject to audit by the 
        General Accounting Officer or is specifically exempt by law from 
        such audit.

    Sec. 403. None of the funds provided in this Act to any department 
or agency may be obligated or expended for: (1) the transportation of 
any officer or employee of such department or agency between the 
domicile and the place of employment of the officer or employee, with 
the exception of an officer or employee authorized such transportation 
under 31 U.S.C. 1344 or 5 U.S.C. 7905; or (2) to provide a cook, 
chauffeur, or other personal servants to any officer or employee of such 
department or agency.
    Sec. 404. None of the funds provided in this Act may be used for 
payment, through grants or contracts, to recipients that do not share in 
the cost of conducting research resulting from proposals not 
specifically solicited by the Government: Provided, That the extent of 
cost sharing by the recipient shall reflect the mutuality of interest of 
the grantee or contractor and the Government in the research.
    Sec. 405. None of the funds provided in this Act may be used, 
directly or through grants, to pay or to provide reimbursement for 
payment of the salary of a consultant (whether retained by the Federal 
Government or a grantee) at more than the daily equivalent of the rate 
paid for level IV of the Executive Schedule, unless specifically 
authorized by law.
    Sec. 406. None of the funds provided in this Act may be used to pay 
the expenses of, or otherwise compensate, non-Federal parties 
intervening in regulatory or adjudicatory proceedings. Nothing herein 
affects the authority of the Consumer Product Safety Commission pursuant 
to section 7 of the Consumer Product Safety Act (15 U.S.C. 2056 et 
seq.).
    Sec. 407. Except as otherwise provided under existing law, or under 
an existing Executive order issued pursuant to an existing law, the 
obligation or expenditure of any appropriation under this Act for 
contracts for any consulting service shall be limited to contracts which 
are: (1) a matter of public record and available for public inspection; 
and (2) thereafter included in a publicly available list of all 
contracts entered into within 24 months prior to the date on which the 
list is made available to the public and of all contracts on which 
performance has not been completed by such date. The list required by 
the preceding sentence shall be updated quarterly and shall include a 
narrative description of the work to be performed under each such 
contract.
    Sec. 408. None of the funds appropriated in this Act may be used to 
implement any cap on reimbursements to grantees for indirect costs, 
except as published in Office of Management and Budget Circular A-21.
    Sec. 409. Such sums as may be necessary for fiscal year 2005 pay 
raises for programs funded by this Act shall be absorbed within the 
levels appropriated in this Act.
    Sec. 410. (a) It is the sense of the Congress that, to the greatest 
extent practicable, all equipment and products purchased with funds made 
available in this Act should be American-made.
    (b) In providing financial assistance to, or entering into any 
contract with, any entity using funds made available in this Act,

[[Page 118 STAT. 3339]]

the head of each Federal agency, to the greatest extent practicable, 
shall provide to such entity a notice describing the statement made in 
subsection (a) by Congress.
    Sec. 411. None of the funds made available in this Act may be used 
for any program, project, or activity, when it is made known to the 
Federal entity or official to which the funds are made available that 
the program, project, or activity is not in compliance with any Federal 
law relating to risk assessment, the protection of private property 
rights, or unfunded mandates.
    Sec. 412. Except in the case of entities that are funded solely with 
Federal funds or any natural persons that are funded under this Act, 
none of the funds in this Act shall be used for the planning or 
execution of any program to pay the expenses of, or otherwise 
compensate, non-Federal parties to lobby or litigate in respect to 
adjudicatory proceedings funded in this Act. A chief executive officer 
of any entity receiving funds under this Act shall certify that none of 
these funds have been used to engage in the lobbying of the Federal 
Government or in litigation against the United States unless authorized 
under existing law.
    Sec. 413. No part of any funds appropriated in this Act shall be 
used by an agency of the executive branch, other than for normal and 
recognized executive-legislative relationships, for publicity or 
propaganda purposes, and for the preparation, distribution or use of any 
kit, pamphlet, booklet, publication, radio, television or film 
presentation designed to support or defeat legislation pending before 
Congress, except in presentation to Congress itself.
    Sec. 414. All departments and agencies funded under this Act are 
encouraged, within the limits of the existing statutory authorities and 
funding, to expand their use of ``E-Commerce'' technologies and 
procedures in the conduct of their business practices and public service 
activities.
    Sec. 415. None of the funds made available in this Act may be 
transferred to any department, agency, or instrumentality of the United 
States Government except pursuant to a transfer made by, or transfer 
authority provided in, this Act or any other appropriation Act.
    Sec. 416. None of the funds provided in this Act to any department 
or agency shall be obligated or expended to procure passenger 
automobiles as defined in 15 U.S.C. 2001 with an EPA estimated miles per 
gallon average of less than 22 miles per gallon.
    Sec. 417. Section 313 of the National Aeronautics and Space Act of 
1958, <<NOTE: 42 USC 2459f.>> as amended, is further amended in 
subsection (a)--
            (1) by striking ``2004'' and inserting ``2005''; and
            (2) by striking ``Space flight capabilities'' and inserting 
        ``Exploration capabilities''.

    Sec. 418. None of the funds made available in this Act may be used 
to implement any policy prohibiting the Directors of the Veterans 
Integrated Service Networks from conducting outreach or marketing to 
enroll new veterans within their respective Networks.
    Sec. 419. It is the sense of Congress that no veteran should wait 
more than 30 days for an initial doctor's appointment.
    Sec. 420. None of the funds made available to NASA in this Act may 
be used for voluntary separation incentive payments as provided for in 
subchapter II of chapter 35 of title 5, United States Code, unless the 
Administrator of NASA has first certified to Congress that such payments 
would not result in the loss of skills

[[Page 118 STAT. 3340]]

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

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

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

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

[[Page 118 STAT. 3341]]

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

                        DIVISION J--OTHER MATTERS

TITLE I--MISCELLANEOUS <<NOTE: Miscellaneous Appropriations and Offsets 
Act, 2005.>> PROVISIONS AND OFFSETS

    Sec. 101. For an additional amount for the Department of Energy for 
the weatherization assistance program pursuant to 42 U.S.C. 6861 et seq. 
and notwithstanding section 3003(d)(2) of Public Law 99-509, 
$230,000,000, to remain available until expended.
    Sec. 102. Section 1201(a) of the Ronald W. Reagan National Defense 
Authorization Act for Fiscal Year 2005 (Public Law 108-
375) <<NOTE: Ante, p. 2077.>> is amended by striking ``$300,000,000'' in 
the matter preceding paragraph (1) and inserting ``$500,000,000''.

    Sec. 103. (a) The District of Columbia Appropriations Act, 2005 
(Public Law 108-335) is amended as follows:
            (1) The paragraph under the heading <<NOTE: Ante, p. 
        1338.>> ``Capital Outlay'' is amended by striking ``For 
        construction projects, an increase of $1,087,649,000, of which 
        $839,898,000 shall be from local funds, $38,542,000 from Highway 
        Trust funds, $37,000,000 from the Rights-of-way funds, 
        $172,209,000 from Federal grant funds, and a rescission of 
        $361,763,000 from local funds appropriated under this heading in 
        prior fiscal years, for a net amount of $725,886,000, to remain 
        available until expended;'' and inserting ``For construction 
        projects, an increase of $1,102,039,000, of which $839,898,000 
        shall be from local funds, $38,542,000 from Highway Trust funds, 
        $51,390,000 from the Rights-of-way funds, $172,209,000 from 
        Federal grant funds, and a rescission of $361,763,000 from local 
        funds appropriated under this heading in prior fiscal years, for 
        a net amount of $740,276,000, to remain available until 
        expended;''.
            (2) Section 340(a) <<NOTE: Ante, p. 1348.>> is amended to 
        read as follows:

    ``(a) Section 603(e)(3)(E) of the Student Loan Marketing Association 
Reorganization Act of 1996 (20 U.S.C. 1155(e)(3)(E)) is amended--
            ``(1) by striking `and' at the end of subclause (II);
            ``(2) by striking the period at the end of subclause (III) 
        and inserting `; and'; and
            ``(3) by adding at the end the following new subclause:

[[Page 118 STAT. 3342]]

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

    ``Sec. 342. Public School Services to Charter Schools. Section 
2209(b) of the District of Columbia School Reform Act of 1995 (sec. 38-
1802.09(b), D.C. Official Code) is amended as follows:
            ``(1) In paragraph (1)--
                    ``(A) by amending subparagraph (A) to read as 
                follows:
                    `` `(A) In general.--Notwithstanding any other 
                provision of law, regulation, or order relating to the 
                disposition of a facility or property described in 
                subparagraph (B), the Mayor and the District of Columbia 
                government shall give a right of first offer with 
                respect to any facility or property described in 
                subparagraph (B) not previously purchased, leased, or 
                transferred, or under contract to be purchased, leased, 
                or transferred, or the subject of a previously proposed 
                resolution submitted by the Mayor on or before December 
                1, 2004, to the Council of the District of Columbia 
                seeking authority for disposition of such facility or 
                property, or under an Exclusive Rights Agreement 
                executed on or before December 1, 2004, to an eligible 
                applicant whose petition to establish a public charter 
                school has been conditionally approved under section 
                2203(d)(2), or a Board of Trustees, with respect to the 
                purchase, lease, transfer, or use of a facility or 
                property described in subparagraph (B).';
                    ``(B) by amending subparagraph (B)(iii) to read as 
                follows:
                          `` `(iii) with respect to which--
                                    `` `(I) the Board of Education has 
                                transferred jurisdiction to the Mayor 
                                and over which the Mayor has 
                                jurisdiction on the effective date of 
                                this subclause; or
                                    `` `(II) over which the Mayor or any 
                                successor agency gains jurisdiction 
                                after the effective date of this 
                                subclause.'; and
                    ``(C) by adding at the end the following new 
                subparagraph:
                    `` `(C) Terms of purchase or lease.--The terms of 
                purchase or lease of a facility or property described in 
                subparagraph (B) shall--
                          `` `(i) be negotiated by the Mayor in 
                      accordance with written rules or regulations as 
                      determined by the Mayor, and published in the 
                      District of Columbia Register;
                          `` `(ii) include rent or an acquisition price, 
                      as applicable, that is at the appraised value of 
                      the property based on use of the property for 
                      school purposes; and
                          `` `(iii) include a lease period, if the 
                      property is to be leased, of not less than 25 
                      years, and renewable for additional 25-year 
                      periods as long as the eligible applicant or Board 
                      of Trustees maintains its charter.'.
            ``(2) In paragraph (2)(A), by striking `first preference' 
        and inserting `a right of first offer'.

[[Page 118 STAT. 3343]]

            ``(3) By adding at the end the following new paragraph:
            `` `(3) Conversion public charter schools.--Any District of 
        Columbia public school that was approved to become a conversion 
        public charter school under section 2201 before the effective 
        date of this subsection or is approved to become a conversion 
        public charter school after the effective date of this 
        subsection, shall have the right to exclusively occupy the 
        facilities the school occupied as a District of Columbia public 
        school under a lease for a period of not less than 25 years, 
        renewable for additional 25-year periods as long as the school 
        maintains its charter at the appraised value of the property 
        based on use of the property for school purposes.'.''.
            (4) Section 347 <<NOTE: Ante, p. 1352.>> is amended by 
        striking paragraphs (1) and (2) and inserting the following:
            ``(1) by striking subsection (f) and inserting the 
        following:

    `` `(f) Audit.--The Board shall maintain its accounts according to 
Generally Accepted Accounting Principles. The Board shall provide for an 
audit of the financial statements of the Board by an independent 
certified public accountant in accordance with Government auditing 
standards for financial audits issued by the Comptroller General. The 
findings and recommendations of any such audit shall be forwarded to the 
Mayor, the Council of the District of Columbia, and the Office of the 
Chief Financial Officer of the District of Columbia.'; and
            ``(2) by adding at the end the following new subsection:

    `` `(h) Contracting and Procurement.--The Board shall have the 
authority to solicit, award, and execute contracts independently of the 
Office of Contracting and Procurement and the Chief Procurement 
Officer.'.''.
    (b) <<NOTE: Effective date. 20 USC 1155 note.>> The amendments made 
by this section shall take effect as if included in the enactment of the 
District of Columbia Appropriations Act, 2005.

    Sec. 104. The Secretary of the Department of Homeland Security shall 
transfer up to $40,000,000 from funds appropriated to the Coast Guard's 
``Acquisition, Construction, and Improvements'' account in fiscal year 
2005 from the Rescue 21 project to the HH-65 re-engining project, 
subject to 15-day advance notification to the House and Senate 
Committees on Appropriations.
    Sec. 105. Section 203(m) of the Robert T. Stafford Disaster Relief 
and Emergency Assistance Act <<NOTE: 42 USC 5133.>> (42 U.S.C 5133(m)) 
is amended by striking ``December 31, 2004'' and inserting ``December 
31, 2005''.

    Sec. 106. Notwithstanding the amounts in the detailed funding table 
included in House Report 108-774, the appropriation for ``Transportation 
Security Administration, Maritime and Land Security'' shall include the 
following: ``Credentialing, $5,000,000; TWIC, $15,000,000; Hazardous 
materials truck tracking, $2,000,000; Hazardous materials safety, 
$17,000,000; Enterprise staffing, $24,000,000; Rail security, 
$12,000,000; Offsetting collections, -$27,000,000''.
    Sec. 107. The matter under the heading ``Military Construction, Navy 
and Marine Corps'' in the Military Construction Appropriations Act, 2005 
(division A of Public Law 108-324), <<NOTE: Ante, p. 1221.>> is amended 
by striking ``$1,069,947,000'' and inserting ``$1,065,597,000'' and the 
matter under the heading ``Military Construction, Naval Reserve'' in 
such Act <<NOTE: Ante, p. 1222.>> is amended by striking ``$44,246,000'' 
and inserting ``$48,596,000''.

[[Page 118 STAT. 3344]]

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

SEC. 109. DESIGNATION OF NATIONAL TREE.

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

``Sec. 305. National tree

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

``305. National tree.''.

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

    Sec. 111. <<NOTE: Government employees. 36 USC 106 note.>> (a) The 
head of each Federal agency or department shall--
            (1) provide each new employee of the agency or department 
        with educational and training materials concerning the United 
        States Constitution as part of the orientation materials 
        provided to the new employee; and
            (2) provide educational and training materials concerning 
        the United States Constitution to each employee of the agency or 
        department on September 17 of each year.

    (b) Each educational institution that receives Federal funds for a 
fiscal year shall hold an educational program on the United States 
Constitution on September 17 of such year for the students served by the 
educational institution.
    (c) Title 36 of the United States Code, is amended--

[[Page 118 STAT. 3345]]

            (1) in section 106--
                    (A) in the heading, by inserting ``Constitution Day 
                and'' before ``Citizenship Day'';
                    (B) in subsection (a), by striking ``is Citizenship 
                Day.'' and inserting ``is designated as Constitution Day 
                and Citizenship Day.'';
                    (C) in subsection (b)--
                          (i) by inserting ``Constitution Day and'' 
                      before ``Citizenship Day'';
                          (ii) by striking ``commemorates'' and 
                      inserting ``commemorate''; and
                          (iii) by striking ``recognizes'' and inserting 
                      ``recognize'';
                    (D) in subsection (c), by inserting ``Constitution 
                Day and'' before ``Citizenship Day'' both places such 
                term appears; and
                    (E) in subsection (d), by inserting ``Constitution 
                Day and'' before ``Citizenship Day''; and
            (2) in the item relating to section 106 of the table of 
        contents, by inserting ``Constitution Day and'' before 
        ``Citizenship Day''.

    (d) This section shall be without fiscal year limitation.
    Sec. 112. <<NOTE: Applicability. Deadline.>> (a) Notwithstanding any 
other provision of law or any contract: (1) the rates in effect on 
November 15, 2004, under the tariff (the ``tariff'') required by FCC 94-
116 (reduced three percent annually starting January 1, 2006) shall 
apply beginning 45 days after the date of enactment of this Act through 
December 31, 2009, to the sale and purchase of interstate switched 
wholesale service elements offered by any provider originating or 
terminating anywhere in the area (the ``market'') described in section 
4.7 of the tariff (collectively the ``covered services''); (2) beginning 
April 1, 2005, through December 31, 2009, no provider of covered 
services may provide, and no purchaser of such services may obtain, 
covered services in the same contract with services other than those 
that originate or terminate in the market, if the covered services in 
the contract represent more than 5 percent of such contract's total 
value; and (3) revenues collected hereunder (less costs) for calendar 
years 2005 through 2009 shall be used to support and expand the network 
in the market.

    (b) <<NOTE: Effective date.>> Effective on the date of enactment of 
this Act: (1) the conditions described in FCC 95-334 and the related 
conditions imposed in FCC 94-116, FCC 95-427, and FCC 96-485; and (2) 
all pending proceedings relating to the tariff, shall terminate. 
Thereafter, the State regulatory commission with jurisdiction over the 
market shall treat all interexchange carriers serving the market the 
same with respect to the provision of intrastate services, with the goal 
of reducing regulation, and shall not require such carriers to file 
reports based on the Uniform System of Accounts.

    (c) Any provider may file to enforce this section (including damages 
and injunctive relief) before the FCC (whose final order may be appealed 
under 47 U.S.C. 402(a)) or under 47 U.S.C. 207 if the FCC fails to issue 
a final order within 90 days of a filing. Nothing herein shall affect 
rate integration, carrier-of-last-resort obligations of any carrier or 
its successor, or the purchase of covered services by any rural 
telephone company (as defined in 47 U.S.C. 153(37)), or an affiliate 
under its control, for its provision of retail interstate interexchange 
services originating in the market.

[[Page 118 STAT. 3346]]

    Sec. 113. Direct loans, credits, insurance and guarantees of the 
Export-Import Bank or its agents may be made available for or in Libya, 
notwithstanding section 507 or similar provisions in the Foreign 
Operations, Export Financing, and Related Programs Appropriations Act, 
2005, or prior acts making appropriations for foreign operations, export 
financing, and related programs, if the President determines that to do 
so is important to the national security interests of the United States.
    Sec. 114. (a) Section 146 of Public Law 108-199 <<NOTE: Ante, p. 
444.>> is amended--
            (1) by striking ``section 386 of the Energy Policy Act of 
        2003'' and inserting ``section 116 of division C of Public Law 
        108-324'';
            (2) by striking ``, except that upon that Act becoming law, 
        section 386 is amended through this Act:'' and inserting ``and 
        section 116 of division C of Public Law 108-324 is amended:'';
            (3) by striking ``paragraph 386(b)(1)'' and inserting 
        ``paragraph (b)(1) of section 116 of division C of Public Law 
        108-324'';
            (4) by striking ``paragraph 386(c)(2)'' and inserting 
        ``paragraph (a)(2) of section 116 of division C of Public Law 
        108-324''; and
            (5) by striking ``paragraph 386(g)(4)'' and inserting 
        ``paragraph (g)(4) of section 116 of division C of Public Law 
        108-324.

    (b) Section 116 (b) of division C of Public Law 108-324, the 
Military Construction bill, <<NOTE: Ante, p. 1226.>> is amended by 
adding a new paragraph as follows:
            ``(4) Such loan guarantee may be utilized only by the 
        project chosen by the Federal Energy Regulatory Commission as 
        the qualified project.''.

    Sec. 115. Any unobligated amount appropriated pursuant to section 
353(b) of the Department of the Interior and Related Agencies 
Appropriations Act, 1999 (Public Law 105-277; 112 Stat. 2681-303), shall 
be made available to complete the project described in section 353(a) of 
that Act.
    Sec. 116. (a) <<NOTE: California. 16 USC 431 note.>> Designation of 
National Veterans Memorial.--The Mt. Soledad Veterans Memorial located 
within the Soledad Natural Park in San Diego, California, which consists 
of a 29 foot-tall cross and surrounding granite memorial walls 
containing plaques engraved with the names and photographs of veterans 
of the United States Armed Forces, is hereby designated as a national 
memorial honoring veterans of the United States Armed Forces.

    (b) <<NOTE: Deadline.>> Acquisition and Administration by United 
States.--Not later than 90 days after the date on which the City of San 
Diego, California, offers to donate the Mt. Soledad Veterans Memorial to 
the United States, the Secretary of the Interior shall accept, on behalf 
of the United States, all right, title, and interest of the City in and 
to the Mt. Soledad Veterans Memorial.

    (c) Administration of Memorial.--Upon acquisition of the Mt. Soledad 
Veterans Memorial by the United States, the Secretary of the Interior 
shall administer the Mt. Soledad Veterans Memorial as a unit of the 
National Park System, except that the Secretary shall enter into a 
memorandum of understanding with the Mt. Soledad Memorial Association 
for the continued maintenance by the Association of the cross and 
surrounding granite memorial walls and plaques of the Memorial.

[[Page 118 STAT. 3347]]

    (d) Legal Description.--The Mt. Soledad Veterans Memorial referred 
to in this section is all that portion of Pueblo lot 1265 of the Pueblo 
Lands of San Diego in the City and County of San Diego, California, 
according to the map thereof prepared by James Pascoe in 1879, a copy of 
which was filed in the office of the County Recorder of San Diego County 
on November 14, 1921, and is known as miscellaneous map NO. 36, more 
particularly described as follows: The area bounded by the back of the 
existing inner sidewalk on top of Mt. Soledad, being also a circle with 
a radius of 84 feet, the center of which circle is located as follows: 
Beginning at the Southwesterly corner of such Pueblo Lot 1265, such 
corner being South 17 degrees 14'33'' East (Record South 17 degrees 
14'09'' East) 607.21 feet distant along the westerly line of such Pueblo 
lot 1265 from the intersection with the North line of La Jolla Scenic 
Drive South as described and dedicated as parcel 2 of City Council 
Resolution NO. 216644 adopted August 25, 1976; thence North 39 degrees 
59'24'' East 1147.62 feet to the center of such circle. The exact 
boundaries and legal description of the Mt. Soledad Veterans Memorial 
shall be determined by a survey prepared jointly by the City of San 
Diego and the Secretary of the Interior. Upon acquisition of the Mt. 
Soledad Veterans Memorial by the United States, the boundaries of the 
Memorial may not be expanded.
    Sec. 117. Notwithstanding any other provision of law, except section 
551 of the Foreign Operations, Export Financing, and Related Programs 
Appropriations Act, 2005, $80,000,000 of the funds appropriated for the 
Department of Defense for fiscal year 2005 may be transferred with the 
concurrence of the Secretary of Defense to the Department of State under 
``Peacekeeping Operations''.
    Sec. 118. In addition, for construction and related expenses of a 
facility for the United States Institute of Peace, $100,000,000, to 
remain available until expended.
    Sec. 119. Notwithstanding any other provision of law, in addition to 
amounts otherwise provided in this or any other Act for fiscal year 
2005, the following amounts are appropriated: $2,000,000 for the Helen 
Keller National Center for Deaf-Blind Youths and Adults for activities 
authorized under the Helen Keller National Center Act; and for the 
Department of Health and Human Services, Health Resources and Services 
Administration, $1,000,000 for the Hospital for Special Surgery to 
establish a National Center for Musculoskeletal Research, New York, New 
York, for facilities and equipment; and for the Department of Health and 
Human Services, Health Resources and Services Administration, $1,000,000 
for the Jesse Helms Nursing Center at Union Regional Medical Center, 
Union County, North Carolina for facilities and equipment.
    Sec. 120. In addition to any amounts provided in this or any other 
Act for fiscal year 2005, $1,000,000 is appropriated for necessary 
expenses of the Benjamin A. Gilman Institute for Political and 
International Studies program at the State University of New York's 
Orange County Community College in Orange, New York.

SEC. 121. WEIGHT LIMITATIONS.

    The next to the last sentence of section 127(a) of title 23, United 
States Code, is amended by striking ``Interstate Route 95'' and 
inserting ``Interstate Routes 89, 93, and 95''.

[[Page 118 STAT. 3348]]

    Sec. 122. (a) Across-the-Board Rescissions.--There is hereby 
rescinded an amount equal to 0.80 percent of--
            (1) the budget authority provided (or obligation limitation 
        imposed) for fiscal year 2005 for any discretionary account in 
        divisions A through J of this Act and in any other fiscal year 
        2005 appropriation Act (except any fiscal year 2005 supplemental 
        appropriation Act, the Department of Homeland Security 
        Appropriations Act, 2005, the Department of Defense 
        Appropriations Act, 2005, or the Military Construction 
        Appropriations Act, 2005);
            (2) the budget authority provided in any advance 
        appropriation for fiscal year 2005 for any discretionary account 
        in any prior fiscal year appropriation Act; and
            (3) the contract authority provided in fiscal year 2005 for 
        any program subject to limitation contained in any division or 
        appropriation Act subject to paragraph (1).

    (b) Proportionate Application.--Any rescission made by subsection 
(a) shall be applied proportionately--
            (1) to each discretionary account and each item of budget 
        authority described in such subsection; and
            (2) within each such account and item, to each program, 
        project, and activity (with programs, projects, and activities 
        as delineated in the appropriation Act or accompanying reports 
        for the relevant fiscal year covering such account or item, or 
        for accounts and items not included in appropriation Acts, as 
        delineated in the most recently submitted President's budget).

    This title may be cited as the ``Miscellaneous Appropriations and 
Offsets Act, 2005''.

  TITLE II--225TH <<NOTE: 225th Anniversary of the American Revolution 
Commemoration Act. 36 USC note prec. 101.>> ANNIVERSARY OF THE AMERICAN 
REVOLUTION COMMEMORATION ACT

SEC. 201. SHORT TITLE.

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

SEC. 202. <<NOTE: 36 USC note prec. 101.>> FINDINGS AND PURPOSES.

    (a) FINDINGS.--Congress finds the following:
            (1) The American Revolution, inspired by the spirit of 
        liberty and independence among the inhabitants of the original 
        13 colonies of Great Britain, was an event of global 
        significance having a profound and lasting effect upon American 
        Government, laws, culture, society, and values.
            (2) The years 2000 through 2008 mark the 225th anniversary 
        of the Revolutionary War.
            (3) Every generation of American citizens should have an 
        opportunity to understand and appreciate the continuing legacy 
        of the American Revolution.
            (4) This 225th anniversary provides an opportunity to 
        enhance public awareness and understanding of the impact of the 
        American Revolution's legacy on the lives of citizens today.
            (5) Although the National Park Service administers 
        battlefields, historical parks, historic sites, and programs 
        that address elements of the story of the American Revolution, 
        there is a need to establish partnerships that link sites and 
        programs

[[Page 118 STAT. 3349]]

        administered by the National Park Service with those of other 
        Federal and non-Federal entities in order to place the story of 
        the American Revolution in the broad context of its causes, 
        consequences, and meanings.
            (6) The story and significance of the American Revolution 
        can best engage the American people through a national program 
        of the National Park Service that links historic structures and 
        sites, routes, activities, community projects, exhibits, and 
        multimedia materials, in a manner that is both unified and 
        flexible.

    (b) Purposes.--The purposes of this Act are as follows:
            (1) To recognize the enduring importance of the American 
        Revolution in the lives of American citizens today.
            (2) To authorize the National Park Service to coordinate, 
        connect, and facilitate Federal and non-Federal activities to 
        commemorate, honor, and interpret the history of the American 
        Revolution, its significance, and its relevance to the shape and 
        spirit of American Government and society.

SEC. 203. <<NOTE: 36 USC note prec. 101.>> 225TH ANNIVERSARY OF THE 
            AMERICAN REVOLUTION COMMEMORATION PROGRAM.

    (a) In General.--The Secretary of the Interior (hereinafter in this 
Act referred to as the ``Secretary'') shall establish a program to be 
known as the ``225th Anniversary of the American Revolution 
Commemoration'' (hereinafter in this Act referred to as the ``225th 
Anniversary''). In administering the 225th Anniversary, the Secretary 
shall--
            (1) produce and disseminate to appropriate persons 
        educational materials, such as handbooks, maps, interpretive 
        guides, or electronic information related to the 225th 
        Anniversary and the American Revolution;
            (2) enter into appropriate cooperative agreements and 
        memoranda of understanding to provide technical assistance under 
        subsection (c);
            (3) assist in the protection of resources associated with 
        the American Revolution;
            (4) enhance communications, connections, and collaboration 
        among the National Park Service units and programs related to 
        the Revolutionary War;
            (5) expand the research base for American Revolution 
        interpretation and education; and
            (6) <<NOTE: Regulations.>> create and adopt an official, 
        uniform symbol or device for the theme ``Lighting Freedom's 
        Flame: American Revolution, 225th Anniversary'' and issue 
        regulations for its use.

    (b) Elements.--The 225th Anniversary shall encompass the following 
elements:
            (1) All units and programs of the National Park Service 
        determined by the Secretary to pertain to the American 
        Revolution.
            (2) Other governmental and nongovernmental sites, 
        facilities, and programs of an educational, research, or 
        interpretive nature that are documented to be directly related 
        to the American Revolution.
            (3) Through the Secretary of State, the participation of the 
        Governments of the United Kingdom, France, the Netherlands, 
        Spain, and Canada.

[[Page 118 STAT. 3350]]

    (c) Cooperative Agreements and Memoranda of Understanding.--To 
achieve the purposes of this Act and to ensure effective coordination of 
the Federal and non-Federal elements of the 225th Anniversary with 
National Park Service units and programs, the Secretary may enter into 
cooperative agreements and memoranda of understanding with, and provide 
technical assistance to, the following:
            (1) The heads of other Federal agencies, States, units of 
        local government, and private entities.
            (2) In cooperation with the Secretary of State, the 
        Governments of the United Kingdom, France, the Netherlands, 
        Spain, and Canada.

    (d) Authorization of Appropriations.--There is authorized to be 
appropriated to the Secretary to carry out this Act $500,000 for each of 
fiscal years 2004 through 2009.

 TITLE III--RURAL <<NOTE: Rural Air Service Improvement Act of 2004. 39 
USC 101 note.>> AIR SERVICE IMPROVEMENTS

    Sec. 301. (a) Short Title.--This title may be cited as the ``Rural 
Air Service Improvement Act of 2004''.
    (b) Further Amendments.--The amendments made by this section are 
further amendments to section 5402 of title 39, United States Code, 
including the amendments made by section 3002 of the 2002 Supplemental 
Appropriations Act for Further Recovery From and Response To Terrorist 
Attacks on the United States (Public Law 107-206) to that section of 
title 39, United States Code.
    (c) Existing Mainline Carriers.--Section 5402(a)(10) of title 39, 
United States Code, is amended by striking subparagraph (C) and 
inserting the following:
                    ``(C) actually engaged in the carriage, on scheduled 
                service within the State of Alaska, of mainline 
                nonpriority bypass mail tendered to it under its 
                designator code.''.

    (d) Nonpriority Bypass Mail.--Section 5402(g) of title 39, United 
States Code, is amended by striking the matter preceding paragraph (2) 
and inserting the following:
    ``(g)(1)(A) The Postal Service, in selecting carriers of nonpriority 
bypass mail to any point served by more than 1 carrier in the State of 
Alaska, shall adhere to an equitable tender policy within a qualified 
group of carriers, in accordance with the regulations of the Postal 
Service, and shall, at a minimum, require that any such carrier--
            ``(i) hold a certificate of public convenience and necessity 
        issued under section 41102(a) of title 49;
            ``(ii) operate at least to such point at least the number of 
        scheduled flights each week established under subparagraph 
        (B)(i);
            ``(iii) exhibit an adherence to such scheduled flights; and
            ``(iv) have provided scheduled service with at least the 
        number of scheduled noncontract flights each week established 
        under subparagraph (B)(ii) between 2 points within the State of 
        Alaska for at least 12 consecutive months with aircraft--
                    ``(I) up to 7,500 pounds payload capacity before 
                being selected as a carrier of nonpriority bypass mail 
                at an applicable intra-Alaska bush service mail rate; 
                and

[[Page 118 STAT. 3351]]

                    ``(II) over 7,500 pounds payload capacity before 
                being selected as a carrier of nonpriority bypass mail 
                at the intra-Alaska mainline service mail rate.

    ``(B)(i) For purposes of subparagraph (A)(ii)--
            ``(I) for aircraft described under subparagraph (A)(iv)(I) 
        the number is 3; and
            ``(II) for aircraft described under subparagraph 
        (A)(iv)(II), the number is 2, except as may be provided under 
        subparagraph (C).

    ``(ii) For purposes of subparagraph (A)(iv)--
            ``(I) for aircraft described under subparagraph (A)(iv)(I), 
        the number is 3; and
            ``(II) for aircraft described under subparagraph 
        (A)(iv)(II), for any week in any month before the effective date 
        of the Rural Air Service Improvement Act of 2004, the number is 
        3, and after such date, the number is 2.

    ``(C) The Postal Service, after consultation with affected carriers, 
may establish for service by aircraft described under subparagraph 
(A)(iv)(II)--
            ``(i) a larger number of flights than required under 
        subparagraph (B)(i); or
            ``(ii) the days that service will operate.''.

    (e) Subcontracts by Existing Mainline Carriers.--Section 5402(g)(4) 
of title 39, United States Code, is amended by adding at the end the 
following:
    ``(C) A providing carrier selected under subparagraph (A) may 
subcontract the transportation of nonpriority bypass mail to another 
existing mainline carrier when additional or substitute aircraft are 
temporarily needed to meet the delivery schedule of the Postal Service 
or the carrier's operating requirements. The providing carrier shall 
remain responsible for the mail from origin through destination.''.
    (f) Aircraft Preferences for Other Postal Products.--Section 5402(g) 
of title 39, United States Code, is amended by adding at the end the 
following:
    ``(7) Nothing in this section shall preclude the Postal Service from 
establishing by regulation aircraft preferences for the dispatch of 
postal products other than nonpriority bypass mail.''.

  TITLE IV--VISA <<NOTE: L-1 Visa and H-1B Visa Reform Act. 8 USC 1101 
note.>> REFORM

SEC. 401. SHORT TITLE.

    This title may be cited as the ``L-1 Visa and H-1B Visa Reform 
Act''.

Subtitle A--L-1 <<NOTE: L-1 Visa (Intracompany Transferee) Reform Act of 
2004. 8 USC 1101 note.>> Visa Reform

SEC. 411. SHORT TITLE.

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

SEC. 412. NONIMMIGRANT L-1 VISA CATEGORY.

    (a) In General.--Section 214(c)(2) of the Immigration and 
Nationality Act (8 U.S.C. 1184(c)(2)) is amended by adding at the end 
the following:

[[Page 118 STAT. 3352]]

    ``(F) An alien who will serve in a capacity involving specialized 
knowledge with respect to an employer for purposes of section 
101(a)(15)(L) and will be stationed primarily at the worksite of an 
employer other than the petitioning employer or its affiliate, 
subsidiary, or parent shall not be eligible for classification under 
section 101(a)(15)(L) if--
            ``(i) the alien will be controlled and supervised 
        principally by such unaffiliated employer; or
            ``(ii) the placement of the alien at the worksite of the 
        unaffiliated employer is essentially an arrangement to provide 
        labor for hire for the unaffiliated employer, rather than a 
        placement in connection with the provision of a product or 
        service for which specialized knowledge specific to the 
        petitioning employer is necessary.''.

    (b) Applicability.--The amendment made by subsection (a) shall apply 
to petitions filed on or after the effective date of this subtitle, 
whether for initial, extended, or amended classification.

SEC. 413. REQUIREMENT FOR PRIOR CONTINUOUS EMPLOYMENT FOR CERTAIN 
            INTRACOMPANY TRANSFEREES.

    (a) In General.--Section 214(c)(2)(A) of the Immigration and 
Nationality Act (8 U.S.C. 1184(c)(2)(A)) is amended by striking the last 
sentence (relating to reduction of the 1-year period of continuous 
employment abroad to 6 months).
    (b) Applicability.--The amendment made by subsection (a) shall apply 
only to petitions for initial classification filed on or after the 
effective date of this subtitle.

SEC. 414. <<NOTE: 8 USC 1380.>> MAINTENANCE OF STATISTICS BY THE 
            DEPARTMENT OF HOMELAND SECURITY.

    (a) In General.--The Department of Homeland Security shall maintain 
statistics regarding petitions filed, approved, extended, and amended 
with respect to nonimmigrants described in section 101(a)(15)(L) of the 
Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(L)), including the 
number of such nonimmigrants who are classified on the basis of 
specialized knowledge and the number of nonimmigrants who are classified 
on the basis of specialized knowledge in order to work primarily at 
offsite locations.
    (b) Applicability.--Subsection (a) shall apply to petitions filed on 
or after the effective date of this subtitle.

SEC. 415. <<NOTE: Deadline. 8 USC 1184 note.>> INSPECTOR GENERAL REPORT 
            ON L VISA PROGRAM.

    Not later than 6 months after the date of enactment of this Act, the 
Inspector General of the Department of Homeland Security shall, 
consistent with the authority granted the Department under section 428 
of the Homeland Security Act of 2002 (6 U.S.C. 236), examine and report 
to the Committees on the Judiciary of the House of Representatives and 
the Senate on the vulnerabilities and potential abuses in the visa 
program carried out under section 214(c) of the Immigration and 
Nationality Act (8 U.S.C. 1184(c)) with respect to nonimmigrants 
described in section 101(a)(15)(L) of such Act (8 U.S.C. 
1101(a)(15)(L)).

SEC. 416. <<NOTE: 8 USC 1184 note.>> ESTABLISHMENT OF TASK FORCE.

    (a) <<NOTE: Deadline.>> Establishment.--Not later than 6 months 
after the date of enactment of this Act, there shall be established an L 
Visa Interagency Task Force that consists of representatives from the 
Department of Homeland Security, the Department of Justice, and

[[Page 118 STAT. 3353]]

the Department of State. The Secretaries of each Department and each 
relevant bureau of the Department of Homeland Security shall appoint 
designees to the L Visa Interagency Task Force. The L Visa Interagency 
Task Force shall consult with other agencies deemed appropriate.

    (b) <<NOTE: Deadline.>> Report.--Not later than 6 months after the 
submission of the report by the Inspector General of the Department of 
Homeland Security in accordance with section 6, the L Visa Interagency 
Task Force shall report to the Committees on the Judiciary of the House 
of Representatives and the Senate on the efforts to implement the 
recommendations set forth by the Inspector General's report. The L Visa 
Interagency Task Force shall note specific areas of agreement and 
disagreement, and make recommendations to Congress on the findings of 
the Task Force, including any suggestions for legislation. The Task 
Force shall also review other additional issues as may be raised by the 
Inspector General's report or by the Task Force's own deliberations 
regarding the policies and purposes of the visa program relative to 
national goals and transnational commerce.

SEC. 417. <<NOTE: 8 USC 1184 note.>> EFFECTIVE DATE.

    This subtitle and the amendments made by this subtitle shall take 
effect 180 days after the date of enactment of this Act.

   Subtitle B--H-1B <<NOTE: H-1B Visa Reform Act of 2004. 8 USC 1101 
note.>> Visa Reform

SEC. 421. SHORT TITLE.

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

SEC. 422. TEMPORARY WORKER PROVISIONS.

    (a) Attestation Requirements for H-1B Workers.--Section 
212(n)(1)(E)(ii) of the Immigration and Nationality Act (8 U.S.C. 
1182(n)(1)(E)(ii)) is amended by striking ``October 1, 2003,''.
    (b) H-1B Employer Petitions.--Section 214(c)(9) of the Immigration 
and Nationality Act (8 U.S.C. 1184(c)(9)) is amended--
            (1) in subparagraph (A), by striking ``October 1, 2003'';
            (2) in subparagraph (B), by striking ``$1,000'' and 
        inserting ``$1,500''; and
            (3) in subparagraph (B), by inserting before the period 
        ``except that the fee shall be half the amount for each such 
        petition by any employer with not more than 25 full-time 
        equivalent employees who are employed in the United States 
        (determined by including any affiliate or subsidiary of such 
        employer)''.

SEC. 423. H-1B PREVAILING WAGE LEVEL.

    Section 212(p) of the Immigration and Nationality Act (8 U.S.C. 
1182(p)) is amended by adding at the end the following:
    ``(3) The prevailing wage required to be paid pursuant to 
subsections (a)(5)(A), (n)(1)(A)(i)(II), and (t)(1)(A)(i)(II) shall be 
100 percent of the wage determined pursuant to those sections.
    ``(4) Where the Secretary of Labor uses, or makes available to 
employers, a governmental survey to determine the prevailing wage, such 
survey shall provide at least 4 levels of wages commensurate with 
experience, education, and the level of supervision.

[[Page 118 STAT. 3354]]

Where an existing government survey has only 2 levels, 2 intermediate 
levels may be created by dividing by 3, the difference between the 2 
levels offered, adding the quotient thus obtained to the first level and 
subtracting that quotient from the second level.''.

SEC. 424. DEPARTMENT OF LABOR INVESTIGATIVE AUTHORITIES.

    (a) Secretary of Labor Investigative Authority.--
            (1) In general.--Section 212(n)(2) of the Immigration and 
        Nationality Act (8 U.S.C. 1182(n)(2)) is amended by inserting 
        after subparagraph (F) the following:

    ``(G)(i) The Secretary of Labor may initiate an investigation of any 
employer that employs nonimmigrants described in section 
101(a)(15)(H)(i)(b) if the Secretary of Labor has reasonable cause to 
believe that the employer is not in compliance with this subsection. In 
the case of an investigation under this clause, the Secretary of Labor 
(or the acting Secretary in the case of the absence of disability of the 
Secretary of Labor) shall personally certify that reasonable cause 
exists and shall approve commencement of the investigation. The 
investigation may be initiated for reasons other than completeness and 
obvious inaccuracies by the employer in complying with this subsection.
    ``(ii) If the Secretary of Labor receives specific credible 
information from a source who is likely to have knowledge of an 
employer's practices or employment conditions, or an employer's 
compliance with the employer's labor condition application under 
paragraph (1), and whose identity is known to the Secretary of Labor, 
and such information provides reasonable cause to believe that the 
employer has committed a willful failure to meet a condition of 
paragraph (1)(A), (1)(B), (1)(C), (1)(E), (1)(F), or (1)(G)(i)(I), has 
engaged in a pattern or practice of failures to meet such a condition, 
or has committed a substantial failure to meet such a condition that 
affects multiple employees, the Secretary of Labor may conduct an 
investigation into the alleged failure or failures. The Secretary of 
Labor may withhold the identity of the source from the employer, and the 
source's identity shall not be subject to disclosure under section 552 
of title 5, United States Code.
    ``(iii) <<NOTE: Procedures.>> The Secretary of Labor shall establish 
a procedure for any person desiring to provide to the Secretary of Labor 
information described in clause (ii) that may be used, in whole or in 
part, as the basis for the commencement of an investigation described in 
such clause, to provide the information in writing on a form developed 
and provided by the Secretary of Labor and completed by or on behalf of 
the person. The person may not be an officer or employee of the 
Department of Labor, unless the information satisfies the requirement of 
clause (iv)(II) (although an officer or employee of the Department of 
Labor may complete the form on behalf of the person).

    ``(iv) Any investigation initiated or approved by the Secretary of 
Labor under clause (ii) shall be based on information that satisfies the 
requirements of such clause and that--
            ``(I) originates from a source other than an officer or 
        employee of the Department of Labor; or
            ``(II) was lawfully obtained by the Secretary of Labor in 
        the course of lawfully conducting another Department of Labor 
        investigation under this Act of any other Act.

[[Page 118 STAT. 3355]]

    ``(v) The receipt by the Secretary of Labor of information submitted 
by an employer to the Attorney General or the Secretary of Labor for 
purposes of securing the employment of a nonimmigrant described in 
section 101(a)(15)(H)(i)(b) shall not be considered a receipt of 
information for purposes of clause (ii).
    ``(vi) No investigation described in clause (ii) (or hearing 
described in clause (viii) based on such investigation) may be conducted 
with respect to information about a failure to meet a condition 
described in clause (ii), unless the Secretary of Labor receives the 
information not later than 12 months after the date of the alleged 
failure.
    ``(vii) <<NOTE: Notice.>> The Secretary of Labor shall provide 
notice to an employer with respect to whom there is reasonable cause to 
initiate an investigation described in clauses (i) or (ii), prior to the 
commencement of an investigation under such clauses, of the intent to 
conduct an investigation. The notice shall be provided in such a manner, 
and shall contain sufficient detail, to permit the employer to respond 
to the allegations before an investigation is commenced. The Secretary 
of Labor is not required to comply with this clause if the Secretary of 
Labor determines that to do so would interfere with an effort by the 
Secretary of Labor to secure compliance by the employer with the 
requirements of this subsection. There shall be no judicial review of a 
determination by the Secretary of Labor under this clause.

    ``(viii) An investigation under clauses (i) or (ii) may be conducted 
for a period of up to 60 days. <<NOTE: Notice.>> If the Secretary of 
Labor determines after such an investigation that a reasonable basis 
exists to make a finding that the employer has committed a willful 
failure to meet a condition of paragraph (1)(A), (1)(B), (1)(C), (1)(E), 
(1)(F), or (1)(G)(i)(I), has engaged in a pattern or practice of 
failures to meet such a condition, or has committed a substantial 
failure to meet such a condition that affects multiple employees, the 
Secretary of Labor shall provide for notice of such determination to the 
interested parties and an opportunity for a hearing in accordance with 
section 556 of title 5, United States Code, within 120 days after the 
date of the determination. <<NOTE: Deadline.>> If such a hearing is 
requested, the Secretary of Labor shall make a finding concerning the 
matter by not later than 120 days after the date of the hearing.''.
            (2) <<NOTE: Effective date. 8 USC 1182 
        note.>> Retroactive.--The amendment made by paragraph (1) shall 
        take effect as if enacted on October 1, 2003.

    (b) Good Faith Compliance or Conformity.--Section 212(n)(2) of the 
Immigration and Nationality Act (8 U.S.C. 1182(n)(2)) is amended--
            (1) by redesignating subparagraph (H) as subparagraph (I); 
        and
            (2) by inserting after subparagraph (G), as added by 
        subsection (a)(1), the following:

    ``(H)(i) Except as provided in clauses (ii) and (iii), a person or 
entity is considered to have complied with the requirements of this 
subsection, notwithstanding a technical or procedural failure to meet 
such requirements, if there was a good faith attempt to comply with the 
requirements.
    ``(ii) Clause (i) shall not apply if--
            ``(I) the Department of Labor (or another enforcement 
        agency) has explained to the person or entity the basis for the 
        failure;

[[Page 118 STAT. 3356]]

            ``(II) the person or entity has been provided a period of 
        not less than 10 business days (beginning after the date of the 
        explanation) within which to correct the failure; and
            ``(III) the person or entity has not corrected the failure 
        voluntarily within such period.
            ``(iii) A person or entity that, in the course of an 
        investigation, is found to have violated the prevailing wage 
        requirements set forth in paragraph (1)(A), shall not be 
        assessed fines or other penalties for such violation if the 
        person or entity can establish that the manner in which the 
        prevailing wage was calculated was consistent with recognized 
        industry standards and practices.
            ``(iv) Clauses (i) and (iii) shall not apply to a person or 
        entity that has engaged in or is engaging in a pattern or 
        practice of willful violations of this subsection.''.

    (c) <<NOTE: 8 USC 1381.>> Secretary of Labor Report.--Not later than 
January 31 of each year, the Secretary of Labor shall report to the 
Committees on the Judiciary of the Senate and the House of 
Representatives on the investigations undertaken based on--
            (1) the authorities described in clauses (i) and (ii) of 
        section 212(n)(2)(G) of the Immigration and Nationality Act (8 
        U.S.C. 1182(n)(2)(G)(i) and (ii)); and
            (2) the expenditures by the Secretary of Labor described in 
        section 286(v)(2)(D) of the Immigration and Nationality Act (8 
        U.S.C. 1356(v)(2)(D)).

SEC. 425. EXEMPTION OF CERTAIN ALIENS FROM NUMERICAL LIMITATIONS ON H-1B 
            NONIMMIGRANTS.

    (a) In General.--Section 214(g)(5) of the Immigration and 
Nationality Act (8 U.S.C. 1184(g)(5)) is amended--
            (1) in the matter preceding subparagraph (A), by striking 
        ``is employed (or has received an offer of employment) at'';
            (2) in subparagraph (A)--
                    (A) by inserting ``is employed (or has received an 
                offer of employment) at'' before ``an institution''; and
                    (B) by striking ``or'' at the end;
            (3) in subparagraph (B)--
                    (A) by inserting ``is employed (or has received an 
                offer of employment) at'' before ``a nonprofit''; and
                    (B) by striking the period and inserting ``; or''; 
                and
            (4) by adding at the end the following:
            ``(C) has earned a master's or higher degree from a United 
        States institution of higher education (as defined in section 
        101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a)), 
        until the number of aliens who are exempted from such numerical 
        limitation during such year exceeds 20,000.''.

    (b) <<NOTE: 8 USC 1184 note.>> Statistics.--Beginning on the date of 
enactment of this Act, the Secretary of Homeland Security shall maintain 
statistical information on the country of origin and occupation of, 
educational level maintained by, and compensation paid to, each alien 
who is issued a visa or otherwise provided nonimmigrant status and is 
exempt under section 214(g)(5) of the Immigration and Nationality Act (8 
U.S.C. 1184(g)(5)) for each fiscal year. The statistical information 
shall be included in the annual report to Congress under section 416(c) 
of the American Competitiveness and Workforce Improvement Act of 1998 
(Public Law 105-277; 112 Stat. 2681-655).

[[Page 118 STAT. 3357]]

SEC. 426. FRAUD PREVENTION AND DETECTION FEE.

    (a) Imposition of Fee.--Section 214(c) of the Immigration and 
Nationality Act (8 U.S.C. 1184(c)) is amended by adding at the end the 
following:
    ``(12)(A) In addition to any other fees authorized by law, the 
Secretary of Homeland Security shall impose a fraud prevention and 
detection fee on an employer filing a petition under paragraph (1)--
            ``(i) initially to grant an alien nonimmigrant status 
        described in subparagraph (H)(i)(b) or (L) of section 
        101(a)(15); or
            ``(ii) to obtain authorization for an alien having such 
        status to change employers.

    ``(B) In addition to any other fees authorized by law, the Secretary 
of State shall impose a fraud prevention and detection fee on an alien 
filing an application abroad for a visa authorizing admission to the 
United States as a nonimmigrant described in section 101(a)(15)(L), if 
the alien is covered under a blanket petition described in paragraph 
(2)(A).
    ``(C) The amount of the fee imposed under subparagraph (A) or (B) 
shall be $500.
    ``(D) The fee imposed under subparagraph (A) or (B) shall only apply 
to principal aliens and not to the spouses or children who are 
accompanying or following to join such principal aliens.
    ``(E) Fees collected under this paragraph shall be deposited in the 
Treasury in accordance with section 286(v).''.
    (b) Establishment of Account; Use of Fees.--Section 286 of the 
Immigration and Nationality Act (8 U.S.C. 1356) is amended by adding at 
the end the following:
    ``(v) H-1B and L Fraud Prevention and Detection Account.--
            ``(1) In general.--There is established in the general fund 
        of the Treasury a separate account, which shall be known as the 
        `H-1B and L Fraud Prevention and Detection Account'. 
        Notwithstanding any other provision of law, there shall be 
        deposited as offsetting receipts into the account all fees 
        collected under section 214(c)(12).
            ``(2) Use of fees to combat fraud.--
                    ``(A) Secretary of state.--One-third of the amounts 
                deposited into the H-1B and L Fraud Prevention and 
                Detection Account shall remain available to the 
                Secretary of State until expended for programs and 
                activities at United States embassies and consulates 
                abroad--
                          ``(i) to increase the number diplomatic 
                      security personnel assigned exclusively to the 
                      function of preventing and detecting fraud by 
                      applicants for visas described in subparagraph 
                      (H)(i) or (L) of section 101(a)(15);
                          ``(ii) otherwise to prevent and detect such 
                      fraud pursuant to the terms of a memorandum of 
                      understanding or other cooperative agreement 
                      between the Secretary of State and the Secretary 
                      of Homeland Security; and
                          ``(iii) upon request by the Secretary of 
                      Homeland Security, to assist such Secretary in 
                      carrying out the fraud prevention and detection 
                      programs and activities described in subparagraph 
                      (B).

[[Page 118 STAT. 3358]]

                    ``(B) Secretary of homeland security.--One-third of 
                the amounts deposited into the H-1B and L Fraud 
                Prevention and Detection Account shall remain available 
                to the Secretary of Homeland Security until expended for 
                programs and activities to prevent and detect fraud with 
                respect to petitions under paragraph (1) or (2)(A) of 
                section 214(c) to grant an alien nonimmigrant status 
                described in subparagraph (H)(i) or (L) of section 
                101(a)(15).
                    ``(C) Secretary of labor.--One-third of the amounts 
                deposited into the H-1B and L Fraud Prevention and 
                Detection Account shall remain available to the 
                Secretary of Labor until expended for enforcement 
                programs and activities described in section 212(n).
                    ``(D) Consultation.--The Secretary of State, the 
                Secretary of Homeland Security, and the Secretary of 
                Labor shall consult one another with respect to the use 
                of the funds in the H-1B and L Fraud Prevention and 
                Detection Account.''.

    (c) <<NOTE: 8 USC 1184 note.>> Effective Date.--The amendments made 
by this section shall take effect on the date of enactment of this Act, 
and the fees imposed under such amendments shall apply to petitions 
under section 214(c) of the Immigration and Nationality Act, and 
applications for nonimmigrant visas under section 222 of such Act, filed 
on or after the date that is 90 days after the date of the enactment of 
this Act.

SEC. 427. CHANGE OF FEE FORMULA.

    Section 286(s) of the Immigration and Nationality Act (8 U.S.C. 
1356(s)) is amended--
            (1) in paragraph (2), by striking ``55 percent'' and 
        inserting ``50 percent'';
            (2) in paragraph (3), by striking ``22 percent'' and 
        inserting ``30 percent'';
            (3) in paragraph (4)(A), by striking ``15 percent'' and 
        inserting ``10 percent'';
            (4) in paragraph (5)--
                    (A) by striking ``4 percent'' and inserting ``5 
                percent''; and
                    (B) by striking ``Attorney General'' each place that 
                term appears and inserting ``Secretary of Homeland 
                Security''; and
            (5) in paragraph (6), by striking ``Beginning with fiscal 
        year 2000,'' and all that follows through ``within a 7-day 
        period.'' and inserting ``Beginning with fiscal year 2000, 5 
        percent of the amounts deposited into the H-1B Nonimmigrant 
        Petitioner Account shall remain available to the Secretary of 
        Labor until expended for decreasing the processing time for 
        applications under section 212(n)(1).''.

SEC. 428. <<NOTE: 29 USC 2916a.>> GRANTS FOR JOB TRAINING FOR EMPLOYMENT 
            IN HIGH GROWTH INDUSTRIES.

    Section 414(c) of the American Competitiveness and Workforce 
Improvement Act of 1998 (112 Stat. 2681-653) <<NOTE: 29 USC 2916 
note.>> is amended to read as follows:

    ``(c) Job Training Grants.--
            ``(1) In general.--The Secretary of Labor shall use funds 
        available under section 286(s)(2) of the Immigration and 
        Nationality Act (8 U.S.C. 1356(s)(2)) to award grants to 
        eligible

[[Page 118 STAT. 3359]]

        entities to provide job training and related activities for 
        workers to assist them in obtaining or upgrading employment in 
        industries and economic sectors identified pursuant to paragraph 
        (4) that are projected to experience significant growth and 
        ensure that job training and related activities funded by such 
        grants are coordinated with the public workforce investment 
        system.
            ``(2) Use of funds.--
                    ``(A) Training provided.--Funds under this 
                subsection may be used to provide job training services 
                and related activities that are designed to assist 
                workers (including unemployed and employed workers) in 
                gaining the skills and competencies needed to obtain or 
                upgrade career ladder employment positions in the 
                industries and economic sectors identified pursuant to 
                paragraph (4).
                    ``(B) Enhanced training programs and information.--
                In order to facilitate the provision of job training 
                services described in subparagraph (A), funds under this 
                subsection may be used to assist in the development and 
                implementation of model activities such as developing 
                appropriate curricula to build core competencies and 
                train workers, identifying and disseminating career and 
                skill information, and increasing the integration of 
                community and technical college activities with 
                activities of businesses and the public workforce 
                investment system to meet the training needs for the 
                industries and economic sectors identified pursuant to 
                paragraph (4).
            ``(3) Eligible entities.--Grants under this subsection may 
        be awarded to partnerships of private and public sector 
        entities, which may include--
                    ``(A) businesses or business-related nonprofit 
                organizations, such as trade associations;
                    ``(B) education and training providers, including 
                community colleges and other community-based 
                organizations; and
                    ``(C) entities involved in administering the 
                workforce investment system established under title I of 
                the Workforce Investment Act of 1998, and economic 
                development agencies.
            ``(4) High growth industries and economic sectors.--For 
        purposes of this subsection, the Secretary of Labor, in 
        consultation with State workforce investment boards, shall 
        identify industries and economic sectors that are projected to 
        experience significant growth, taking into account appropriate 
        factors, such as the industries and sectors that--
                    ``(A) are projected to add substantial numbers of 
                new jobs to the economy;
                    ``(B) are being transformed by technology and 
                innovation requiring new skill sets for workers;
                    ``(C) are new and emerging businesses that are 
                projected to grow; or
                    ``(D) have a significant impact on the economy 
                overall or on the growth of other industries and 
                economic sectors.
            ``(5) Equitable distribution.--In awarding grants under this 
        subsection, the Secretary of Labor shall ensure an equitable 
        distribution of such grants across geographically diverse areas.

[[Page 118 STAT. 3360]]

            ``(6) Leveraging of resources and authority to require 
        match.--
                    ``(A) Leveraging of resources.--In awarding grants 
                under this subsection, the Secretary of Labor shall take 
                into account, in addition to other factors the Secretary 
                determines are appropriate--
                          ``(i) the extent to which resources other than 
                      the funds provided under this subsection will be 
                      made available by the eligible entities applying 
                      for grants to support the activities carried out 
                      under this subsection; and
                          ``(ii) the ability of such entities to 
                      continue to carry out and expand such activities 
                      after the expiration of the grants.
                    ``(B) Authority to require match.--The Secretary of 
                Labor may require the provision of specified levels of a 
                matching share of cash or noncash resources from 
                resources other than the funds provided under this 
                subsection for projects funded under this subsection.
            ``(7) <<NOTE: Reports.>> Performance accountability.--The 
        Secretary of Labor shall require grantees to report on the 
        employment outcomes obtained by workers receiving training under 
        this subsection using indicators of performance that are 
        consistent with other indicators used for employment and 
        training programs administered by the Secretary, such as entry 
        into employment, retention in employment, and increases in 
        earnings. The Secretary of Labor may also require grantees to 
        participate in evaluations of projects carried out under this 
        subsection.''.

SEC. 429. NATIONAL SCIENCE FOUNDATION LOW-INCOME SCHOLARSHIP PROGRAM.

    (a) Expansion of Eligibility.--Section 414(d)(2)(A)(iii) of the 
American Competitiveness and Workforce Improvement Act of 1998 (42 
U.S.C. 1869c(d)(2)(A)(iii)) is amended by striking ``or computer 
science.'' and inserting ``computer science, or other technology and 
science programs designated by the Director.''.
    (b) Increase in Award Amount.--Section 414(d)(3) of the American 
Competitiveness and Workforce Improvement Act of 1998 (42 U.S.C. 
1869c(d)(3)) is amended by striking ``$3,125 per year'' and inserting 
``$10,000 per year''.
    (c) Funds.--Section 414(d)(4) of the American Competitiveness and 
Workforce Improvement Act of 1998 (42 U.S.C. 1869c(d)(4)) is amended by 
adding at the end the following: ``The Director may use no more than 50 
percent of such funds for undergraduate programs for curriculum 
development, professional and workforce development, and to advance 
technological education. Funds for these other programs may be used for 
purposes other than scholarships.''.
    (d) Publication of Eligible Programs.--Section 414(d) of the 
American Competitiveness and Workforce Improvement Act of 1998 (42 
U.S.C. 1869c(d)) is amended by adding at the end the following:
            ``(5) <<NOTE: Deadline.>> Federal register.--Not later than 
        60 days after the date of enactment of the L-1 Visa and H-1B 
        Visa Reform Act, the Director shall publish in the Federal 
        Register a list of eligible programs of study.''.

[[Page 118 STAT. 3361]]

SEC. 430. <<NOTE: 8 USC 1182 note.>> EFFECTIVE DATES.

    (a) In General.--Except as provided in subsection (b), this subtitle 
and the amendments made by this subtitle shall take effect 90 days after 
the date of enactment of this Act.
    (b) Exceptions.--The amendments made by sections 422(b), 426(a), and 
427 shall take effect upon the date of enactment of this Act.

       TITLE V--NATIONAL <<NOTE: National Aviation Heritage Area 
Act.>> AVIATION HERITAGE AREA

SEC. 501. <<NOTE: 16 USC 461 note.>> SHORT TITLE.

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

SEC. 502. <<NOTE: 16 USC 461 note.>> FINDINGS AND PURPOSE.

    (a) Findings.--Congress finds the following:
            (1) Few technological advances have transformed the world or 
        our Nation's economy, society, culture, and national character 
        as the development of powered flight.
            (2) The industrial, cultural, and natural heritage legacies 
        of the aviation and aerospace industry in the State of Ohio are 
        nationally significant.
            (3) Dayton, Ohio, and other defined areas where the 
        development of the airplane and aerospace technology established 
        our Nation's leadership in both civil and military aeronautics 
        and astronautics set the foundation for the 20th Century to be 
        an American Century.
            (4) Wright-Patterson Air Force Base in Dayton, Ohio, is the 
        birthplace, the home, and an integral part of the future of 
        aerospace.
            (5) The economic strength of our Nation is connected 
        integrally to the vitality of the aviation and aerospace 
        industry, which is responsible for an estimated 11,200,000 
        American jobs.
            (6) The industrial and cultural heritage of the aviation and 
        aerospace industry in the State of Ohio includes the social 
        history and living cultural traditions of several generations.
            (7) The Department of the Interior is responsible for 
        protecting and interpreting the Nation's cultural and historic 
        resources, and there are significant examples of these resources 
        within Ohio to merit the involvement of the Federal Government 
        to develop programs and projects in cooperation with the 
        Aviation Heritage Foundation, Incorporated, the State of Ohio, 
        and other local and governmental entities to adequately 
        conserve, protect, and interpret this heritage for the 
        educational and recreational benefit of this and future 
        generations of Americans, while providing opportunities for 
        education and revitalization.
            (8) Since the enactment of the Dayton Aviation Heritage 
        Preservation Act of 1992 (Public Law 102-419), partnerships 
        among the Federal, State, and local governments and the private 
        sector have greatly assisted the development and preservation of 
        the historic aviation resources in the Miami Valley.
            (9) An aviation heritage area centered in Southwest Ohio is 
        a suitable and feasible management option to increase

[[Page 118 STAT. 3362]]

        collaboration, promote heritage tourism, and build on the 
        established partnerships among Ohio's historic aviation 
        resources and related sites.
            (10) A critical level of collaboration among the historic 
        aviation resources in Southwest Ohio cannot be achieved without 
        a congressionally established national heritage area and the 
        support of the National Park Service and other Federal agencies 
        which own significant historic aviation-related sites in Ohio.
            (11) The Aviation Heritage Foundation, Incorporated, would 
        be an appropriate management entity to oversee the development 
        of the National Aviation Heritage Area.
            (12) Five National Park Service and Dayton Aviation Heritage 
        Commission studies and planning documents: ``Study of 
        Alternatives: Dayton's Aviation Heritage'', ``Dayton Aviation 
        Heritage National Historical Park Suitability/Feasibility 
        Study'', ``Dayton Aviation Heritage General Management Plan'', 
        ``Dayton Historic Resources Preservation and Development Plan'', 
        and Heritage Area Concept Study, demonstrated that sufficient 
        historical resources exist to establish the National Aviation 
        Heritage Area.
            (13) With the advent of the 100th anniversary of the first 
        powered flight in 2003, it is recognized that the preservation 
        of properties nationally significant in the history of aviation 
        is an important goal for the future education of Americans.
            (14) Local governments, the State of Ohio, and private 
        sector interests have embraced the heritage area concept and 
        desire to enter into a partnership with the Federal Government 
        to preserve, protect, and develop the Heritage Area for public 
        benefit.
            (15) The National Aviation Heritage Area would complement 
        and enhance the aviation-related resources within the National 
        Park Service, especially the Dayton Aviation Heritage National 
        Historical Park, Ohio.

    (b) Purpose.--The purpose of this title is to establish the Heritage 
Area to--
            (1) encourage and facilitate collaboration among the 
        facilities, sites, organizations, governmental entities, and 
        educational institutions within the Heritage Area to promote 
        heritage tourism and to develop educational and cultural 
        programs for the public;
            (2) preserve and interpret for the educational and 
        inspirational benefit of present and future generations the 
        unique and significant contributions to our national heritage of 
        certain historic and cultural lands, structures, facilities, and 
        sites within the National Aviation Heritage Area;
            (3) encourage within the National Aviation Heritage Area a 
        broad range of economic opportunities enhancing the quality of 
        life for present and future generations;
            (4) provide a management framework to assist the State of 
        Ohio, its political subdivisions, other areas, and private 
        organizations, or combinations thereof, in preparing and 
        implementing an integrated Management Plan to conserve their 
        aviation heritage and in developing policies and programs that 
        will preserve, enhance, and interpret the cultural, historical, 
        natural, recreation, and scenic resources of the Heritage Area; 
        and

[[Page 118 STAT. 3363]]

            (5) authorize the Secretary to provide financial and 
        technical assistance to the State of Ohio, its political 
        subdivisions, and private organizations, or combinations 
        thereof, in preparing and implementing the private Management 
        Plan.

SEC. 503. <<NOTE: 16 USC 461 note.>> DEFINITIONS.

    For purposes of this title:
            (1) Board.--The term ``Board'' means the Board of Directors 
        of the Foundation.
            (2) Financial assistance.--The term ``financial assistance'' 
        means funds appropriated by Congress and made available to the 
        management entity for the purpose of preparing and implementing 
        the Management Plan.
            (3) Heritage area.--The term ``Heritage Area'' means the 
        National Aviation Heritage Area established by section 104 to 
        receive, distribute, and account for Federal funds appropriated 
        for the purpose of this title.
            (4) Management plan.--The term ``Management Plan'' means the 
        management plan for the Heritage Area developed under section 
        106.
            (5) Management entity.--The term ``management entity'' means 
        the Aviation Heritage Foundation, Incorporated (a nonprofit 
        corporation established under the laws of the State of Ohio).
            (6) Partner.--The term ``partner'' means a Federal, State, 
        or local governmental entity, organization, private industry, 
        educational institution, or individual involved in promoting the 
        conservation and preservation of the cultural and natural 
        resources of the Heritage Area.
            (7) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (8) Technical assistance.--The term ``technical assistance'' 
        means any guidance, advice, help, or aid, other than financial 
        assistance, provided by the Secretary.

SEC. 504. <<NOTE: 16 USC 461 note.>> NATIONAL AVIATION HERITAGE AREA.

    (a) <<NOTE: Ohio. Indiana.>> Establishment.--There is established in 
the States of Ohio and Indiana, the National Aviation Heritage Area.

    (b) Boundaries.--The Heritage Area shall include the following:
            (1) A core area consisting of resources in Montgomery, 
        Greene, Warren, Miami, Clark, Champaign, Shelby, and Auglaize 
        Counties in Ohio.
            (2) The Neil Armstrong Air & Space Museum, Wapakoneta, Ohio.
            (3) Sites, buildings, and districts within the core area 
        recommended by the Management Plan.

    (c) Map.--A map of the Heritage Area shall be included in the 
Management Plan. The map shall be on file in the appropriate offices of 
the National Park Service, Department of the Interior.
    (d) Management Entity.--The management entity for the Heritage Area 
shall be the Aviation Heritage Foundation.

SEC. 505. <<NOTE: 16 USC 461 note.>> AUTHORITIES AND DUTIES OF THE 
            MANAGEMENT ENTITY.

    (a) Authorities.--For purposes of implementing the Management Plan, 
the management entity may use Federal funds made available through this 
title to--

[[Page 118 STAT. 3364]]

            (1) make grants to, and enter into cooperative agreements 
        with, the State of Ohio and political subdivisions of that 
        State, private organizations, or any person;
            (2) hire and compensate staff; and
            (3) enter into contracts for goods and services.

    (b) Duties.--The management entity shall--
            (1) develop and submit to the Secretary for approval the 
        proposed Management Plan in accordance with section 106;
            (2) give priority to implementing actions set forth in the 
        Management Plan, including taking steps to assist units of 
        government and nonprofit organizations in preserving resources 
        within the Heritage Area;
            (3) consider the interests of diverse governmental, 
        business, and nonprofit groups within the Heritage Area in 
        developing and implementing the Management Plan;
            (4) maintain a collaboration among the partners to promote 
        heritage tourism and to assist partners to develop educational 
        and cultural programs for the public;
            (5) encourage economic viability in the Heritage Area 
        consistent with the goals of the Management Plan;
            (6) assist units of government and nonprofit organizations 
        in--
                    (A) establishing and maintaining interpretive 
                exhibits in the Heritage Area;
                    (B) developing recreational resources in the 
                Heritage Area;
                    (C) increasing public awareness of and appreciation 
                for the historical, natural, and architectural resources 
                and sites in the Heritage Area; and
                    (D) restoring historic buildings that relate to the 
                purposes of the Heritage Area;
            (7) conduct public meetings at least quarterly regarding the 
        implementation of the Management Plan;
            (8) submit substantial amendments to the Management Plan to 
        the Secretary for the approval of the Secretary; and
            (9) for any year in which Federal funds have been received 
        under this title--
                    (A) <<NOTE: Reports. Deadlines.>> submit an annual 
                report to the Secretary that sets forth the 
                accomplishments of the management entity and its 
                expenses and income;
                    (B) make available to the Secretary for audit all 
                records relating to the expenditure of such funds and 
                any matching funds; and
                    (C) require, with respect to all agreements 
                authorizing expenditure of Federal funds by other 
                organizations, that the receiving organizations make 
                available to the Secretary for audit all records 
                concerning the expenditure of such funds.

    (c) Use of Federal Funds.--
            (1) In general.--The management entity shall not use Federal 
        funds received under this title to acquire real property or an 
        interest in real property.
            (2) Other sources.--Nothing in this title precludes the 
        management entity from using Federal funds from other sources 
        for authorized purposes.

[[Page 118 STAT. 3365]]

SEC. 506. <<NOTE: 16 USC 461 note.>> MANAGEMENT PLAN.

    (a) <<NOTE: Deadline.>> Preparation of Plan.--Not later than 3 years 
after the date of the enactment of this title, the management entity 
shall submit to the Secretary for approval a proposed Management Plan 
that shall take into consideration State and local plans and involve 
residents, public agencies, and private organizations in the Heritage 
Area.

    (b) Contents.--The Management Plan shall incorporate an integrated 
and cooperative approach for the protection, enhancement, and 
interpretation of the natural, cultural, historic, scenic, and 
recreational resources of the Heritage Area and shall include the 
following:
            (1) An inventory of the resources contained in the core area 
        of the Heritage Area, including the Dayton Aviation Heritage 
        Historical Park, the sites, buildings, and districts listed in 
        section 202 of the Dayton Aviation Heritage Preservation Act of 
        1992 (Public Law 102-419), and any other property in the 
        Heritage Area that is related to the themes of the Heritage Area 
        and that should be preserved, restored, managed, or maintained 
        because of its significance.
            (2) An assessment of cultural landscapes within the Heritage 
        Area.
            (3) Provisions for the protection, interpretation, and 
        enjoyment of the resources of the Heritage Area consistent with 
        the purposes of this title.
            (4) An interpretation plan for the Heritage Area.
            (5) A program for implementation of the Management Plan by 
        the management entity, including the following:
                    (A) Facilitating ongoing collaboration among the 
                partners to promote heritage tourism and to develop 
                educational and cultural programs for the public.
                    (B) Assisting partners planning for restoration and 
                construction.
                    (C) Specific commitments of the partners for the 
                first 5 years of operation.
            (6) The identification of sources of funding for 
        implementing the plan.
            (7) A description and evaluation of the management entity, 
        including its membership and organizational structure.

    (c) Disqualification From Funding.--If a proposed Management Plan is 
not submitted to the Secretary within 3 years of the date of the 
enactment of this title, the management entity shall be ineligible to 
receive additional funding under this title until the date on which the 
Secretary receives the proposed Management Plan.
    (d) <<NOTE: Deadline.>> Approval and Disapproval of Management 
Plan.--The Secretary, in consultation with the State of Ohio, shall 
approve or disapprove the proposed Management Plan submitted under this 
title not later than 90 days after receiving such proposed Management 
Plan.

    (e) Action Following Disapproval.--If the Secretary disapproves a 
proposed Management Plan, the Secretary shall advise the management 
entity in writing of the reasons for the disapproval and shall make 
recommendations for revisions to the proposed Management 
Plan. <<NOTE: Deadline.>> The Secretary shall approve or disapprove a 
proposed revision within 90 days after the date it is submitted.

[[Page 118 STAT. 3366]]

    (f) Approval of Amendments.--The Secretary shall review and approve 
substantial amendments to the Management Plan. Funds appropriated under 
this title may not be expended to implement any changes made by such 
amendment until the Secretary approves the amendment.

SEC. 507. <<NOTE: 16 USC 461 note.>> TECHNICAL AND FINANCIAL ASSISTANCE; 
            OTHER FEDERAL AGENCIES.

    (a) Technical and Financial Assistance.--Upon the request of the 
management entity, the Secretary may provide technical assistance, on a 
reimbursable or nonreimbursable basis, and financial assistance to the 
Heritage Area to develop and implement the management 
plan. <<NOTE: Contracts.>> The Secretary is authorized to enter into 
cooperative agreements with the management entity and other public or 
private entities for this purpose. In assisting the Heritage Area, the 
Secretary shall give priority to actions that in general assist in--
            (1) conserving the significant natural, historic, cultural, 
        and scenic resources of the Heritage Area; and
            (2) providing educational, interpretive, and recreational 
        opportunities consistent with the purposes of the Heritage Area.

    (b) Duties of Other Federal Agencies.--Any Federal agency conducting 
or supporting activities directly affecting the Heritage Area shall--
            (1) consult with the Secretary and the management entity 
        with respect to such activities;
            (2) cooperate with the Secretary and the management entity 
        in carrying out their duties under this title;
            (3) to the maximum extent practicable, coordinate such 
        activities with the carrying out of such duties; and
            (4) to the maximum extent practicable, conduct or support 
        such activities in a manner which the management entity 
        determines will not have an adverse effect on the Heritage Area.

SEC. 508. <<NOTE: 16 USC 461 note.>> COORDINATION BETWEEN THE SECRETARY 
            AND THE SECRETARY OF DEFENSE AND THE ADMINISTRATOR OF NASA.

    The decisions concerning the execution of this title as it applies 
to properties under the control of the Secretary of Defense and the 
Administrator of the National Aeronautics and Space Administration shall 
be made by such Secretary or such Administrator, in consultation with 
the Secretary of the Interior.

SEC. 509. <<NOTE: 16 USC 461 note.>> REQUIREMENTS FOR INCLUSION OF 
            PRIVATE PROPERTY.

    (a) Notification and Consent of Property Owners Required.--No 
privately owned property shall be preserved, conserved, or promoted by 
the management plan for the Heritage Area until the owner of that 
private property has been notified in writing by the management entity 
and has given written consent for such preservation, conservation, or 
promotion to the management entity.
    (b) Landowner Withdraw.--Any owner of private property included 
within the boundary of the Heritage Area shall have their property 
immediately removed from the boundary by submitting a written request to 
the management entity.

[[Page 118 STAT. 3367]]

SEC. 510. <<NOTE: 16 USC 461 note.>> PRIVATE PROPERTY PROTECTION.

    (a) Access to Private Property.--Nothing in this title shall be 
construed to--
            (1) require any private property owner to allow public 
        access (including Federal, State, or local government access) to 
        such private property; or
            (2) modify any provision of Federal, State, or local law 
        with regard to public access to or use of private property.

    (b) Liability.--Designation of the Heritage Area shall not be 
considered to create any liability, or to have any effect on any 
liability under any other law, of any private property owner with 
respect to any persons injured on such private property.
    (c) Recognition of Authority To Control Land Use.--Nothing in this 
title shall be construed to modify the authority of Federal, State, or 
local governments to regulate land use.
    (d) Participation of Private Property Owners in Heritage Area.--
Nothing in this title shall be construed to require the owner of any 
private property located within the boundaries of the Heritage Area to 
participate in or be associated with the Heritage Area.
    (e) Effect of Establishment.--The boundaries designated for the 
Heritage Area represent the area within which Federal funds appropriated 
for the purpose of this title may be expended. The establishment of the 
Heritage Area and its boundaries shall not be construed to provide any 
nonexisting regulatory authority on land use within the Heritage Area or 
its viewshed by the Secretary, the National Park Service, or the 
management entity.

SEC. 511. <<NOTE: 16 USC 461 note.>> AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--To carry out this title there is authorized to be 
appropriated $10,000,000, except that not more than $1,000,000 may be 
appropriated to carry out this title for any fiscal year.
    (b) Fifty Percent Match.--The Federal share of the cost of 
activities carried out using any assistance or grant under this title 
shall not exceed 50 percent.

SEC. 512. <<NOTE: 16 USC 461 note.>> SUNSET PROVISION.

    The authority of the Secretary to provide assistance under this 
title terminates on the date that is 15 years after the date that funds 
are first made available for this title.

SEC. 513. <<NOTE: 16 USC 461 note.>> WRIGHT COMPANY FACTORY STUDY AND 
            REPORT.

    (a) Study.--
            (1) In general.--The Secretary shall conduct a special 
        resource study updating the study required under section 104 of 
        the Dayton Aviation Heritage Preservation Act of 1992 (Public 
        Law 102-419) and detailing alternatives for incorporating the 
        Wright Company factory as a unit of Dayton Aviation Heritage 
        National Historical Park.
            (2) Contents.--The study shall include an analysis of 
        alternatives for including the Wright Company factory as a unit 
        of Dayton Aviation Heritage National Historical Park that detail 
        management and development options and costs.
            (3) Consultation.--In conducting the study, the Secretary 
        shall consult with the Delphi Corporation, the Aviation Heritage 
        Foundation, State and local agencies, and other interested 
        parties in the area.

[[Page 118 STAT. 3368]]

    (b) Report.--Not later than 3 years after funds are first made 
available for this section, the Secretary shall submit to the Committee 
on Resources of the House of Representatives and the Committee on Energy 
and Natural Resources of the Senate a report describing the results of 
the study conducted under this section.

 TITLE VI--OIL <<NOTE: Oil Region National Heritage Area Act.>> REGION 
NATIONAL HERITAGE AREA

SEC. 601. <<NOTE: 16 USC 461 note.>> SHORT TITLE; DEFINITIONS.

    (a) Short Title.--This title may be cited as the ``Oil Region 
National Heritage Area Act''.
    (b) Definitions.--For the purposes of this title, the following 
definitions shall apply:
            (1) Heritage area.--The term ``Heritage Area'' means the Oil 
        Region National Heritage Area established in section 603(a).
            (2) Management entity.--The term ``management entity'' means 
        the Oil Heritage Region, Inc., or its successor entity.
            (3) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.

SEC. 602. <<NOTE: 16 USC 461 note.>> FINDINGS AND PURPOSE.

    (a) Findings.--The Congress finds the following:
            (1) The Oil Region of Northwestern Pennsylvania, with 
        numerous sites and districts listed on the National Register of 
        Historic Places, and designated by the Governor of Pennsylvania 
        as one of the State Heritage Park Areas, is a region with 
        tremendous physical and natural resources and possesses a story 
        of State, national, and international significance.
            (2) The single event of Colonel Edwin Drake's drilling of 
        the world's first successful oil well in 1859 has affected the 
        industrial, natural, social, and political structures of the 
        modern world.
            (3) Six national historic districts are located within the 
        State Heritage Park boundary, in Emlenton, Franklin, Oil City, 
        and Titusville, as well as 17 separate National Register sites.
            (4) The Allegheny River, which was designated as a component 
        of the national wild and scenic rivers system in 1992 by Public 
        Law 102-271, traverses the Oil Region and connects several of 
        its major sites, as do some of the river's tributaries such as 
        Oil Creek, French Creek, and Sandy Creek.
            (5) The unspoiled rural character of the Oil Region provides 
        many natural and recreational resources, scenic vistas, and 
        excellent water quality for people throughout the United States 
        to enjoy.
            (6) Remnants of the oil industry, visible on the landscape 
        to this day, provide a direct link to the past for visitors, as 
        do the historic valley settlements, riverbed settlements, 
        plateau developments, farmlands, and industrial landscapes.
            (7) The Oil Region also represents a cross section of 
        American history associated with Native Americans, frontier 
        settlements, the French and Indian War, African Americans and 
        the Underground Railroad, and immigration of Swedish and Polish 
        individuals, among others.
            (8) Involvement by the Federal Government shall serve to 
        enhance the efforts of the Commonwealth of Pennsylvania,

[[Page 118 STAT. 3369]]

        volunteer organizations, and private businesses, to promote the 
        cultural, national, and recreational resources of the region in 
        order to fulfill their full potential.

    (b) Purpose.--The purpose of this title is to enhance a cooperative 
management framework to assist the Commonwealth of Pennsylvania, its 
units of local government, and area citizens in conserving, enhancing, 
and interpreting the significant features of the lands, water, and 
structures of the Oil Region, in a manner consistent with compatible 
economic development for the benefit and inspiration of present and 
future generations in the Commonwealth of Pennsylvania and the United 
States.

SEC. 603. <<NOTE: 16 USC 461 note.>> OIL REGION NATIONAL HERITAGE AREA.

    (a) Establishment.--There is hereby established the Oil Region 
National Heritage Area.
    (b) Boundaries.--The boundaries of the Heritage Area shall include 
all of those lands depicted on a map entitled ``Oil Region National 
Heritage Area'', numbered OIRE/20,000 and dated October 2000. The map 
shall be on file in the appropriate offices of the National Park 
Service. <<NOTE: Federal Register, publication.>> The Secretary of the 
Interior shall publish in the Federal Register, as soon as practical 
after the date of the enactment of this Act, a detailed description and 
map of the boundaries established under this subsection.

    (c) Management Entity.--The management entity for the Heritage Area 
shall be the Oil Heritage Region, Inc., the locally based private, 
nonprofit management corporation which shall oversee the development of 
a management plan in accordance with section 605(b).

SEC. 604. <<NOTE: 16 USC 461 note.>> COMPACT.

    To carry out the purposes of this title, the Secretary shall enter 
into a compact with the management entity. The compact shall include 
information relating to the objectives and management of the area, 
including a discussion of the goals and objectives of the Heritage Area, 
including an explanation of the proposed approach to conservation and 
interpretation and a general outline of the protection measures 
committed to by the Secretary and management entity.

SEC. 605. <<NOTE: 16 USC 461 note.>> AUTHORITIES AND DUTIES OF 
            MANAGEMENT ENTITY.

    (a) Authorities of the Management Entity.--The management entity may 
use funds made available under this title for purposes of preparing, 
updating, and implementing the management plan developed under 
subsection (b). Such purposes may include--
            (1) making grants to, and entering into cooperative 
        agreements with, States and their political subdivisions, 
        private organizations, or any other person;
            (2) hiring and compensating staff; and
            (3) undertaking initiatives that advance the purposes of the 
        Heritage Area.

    (b) Management Plan.--The management entity shall develop a 
management plan for the Heritage Area that--
            (1) presents comprehensive strategies and recommendations 
        for conservation, funding, management, and development of the 
        Heritage Area;

[[Page 118 STAT. 3370]]

            (2) takes into consideration existing State, county, and 
        local plans and involves residents, public agencies, and private 
        organizations working in the Heritage Area;
            (3) includes a description of actions that units of 
        government and private organizations have agreed to take to 
        protect the resources of the Heritage Area;
            (4) specifies the existing and potential sources of funding 
        to protect, manage, and develop the Heritage Area;
            (5) includes an inventory of the resources contained in the 
        Heritage Area, including a list of any property in the Heritage 
        Area that is related to the themes of the Heritage Area and that 
        should be preserved, restored, managed, developed, or maintained 
        because of its natural, cultural, historic, recreational, or 
        scenic significance;
            (6) describes a program for implementation of the management 
        plan by the management entity, including plans for restoration 
        and construction, and specific commitments for that 
        implementation that have been made by the management entity and 
        any other persons for the first 5 years of implementation;
            (7) lists any revisions to the boundaries of the Heritage 
        Area proposed by the management entity and requested by the 
        affected local government; and
            (8) includes an interpretation plan for the Heritage Area.

    (c) Deadline; Termination of Funding.--
            (1) Deadline.--The management entity shall submit the 
        management plan to the Secretary within 2 years after the funds 
        are made available for this title.
            (2) Termination of funding.--If a management plan is not 
        submitted to the Secretary in accordance with this subsection, 
        the management entity shall not qualify for Federal assistance 
        under this title.

    (d) Duties of Management Entity.--The management entity shall--
            (1) give priority to implementing actions set forth in the 
        compact and management plan;
            (2) assist units of government, regional planning 
        organizations, and nonprofit organizations in--
                    (A) establishing and maintaining interpretive 
                exhibits in the Heritage Area;
                    (B) developing recreational resources in the 
                Heritage Area;
                    (C) increasing public awareness of and appreciation 
                for the natural, historical, and architectural resources 
                and sites in the Heritage Area;
                    (D) the restoration of any historic building 
                relating to the themes of the Heritage Area;
                    (E) ensuring that clear signs identifying access 
                points and sites of interest are put in place throughout 
                the Heritage Area; and
                    (F) carrying out other actions that the management 
                entity determines to be advisable to fulfill the 
                purposes of this title;
            (3) encourage by appropriate means economic viability in the 
        Heritage Area consistent with the goals of the management plan;
            (4) consider the interests of diverse governmental, 
        business, and nonprofit groups within the Heritage Area; and

[[Page 118 STAT. 3371]]

            (5) for any year in which Federal funds have been provided 
        to implement the management plan under subsection (b)--
                    (A) conduct public meetings at least annually 
                regarding the implementation of the management plan;
                    (B) <<NOTE: Reports.>> submit an annual report to 
                the Secretary setting forth accomplishments, expenses 
                and income, and each person to which any grant was made 
                by the management entity in the year for which the 
                report is made; and
                    (C) require, for all agreements entered into by the 
                management entity authorizing expenditure of Federal 
                funds by any other person, that the person making the 
                expenditure make available to the management entity for 
                audit all records pertaining to the expenditure of such 
                funds.

    (e) Prohibition on the Acquisition of Real Property.--The management 
entity may not use Federal funds received under this title to acquire 
real property or an interest in real property.

SEC. 606. <<NOTE: 16 USC 461 note.>> DUTIES AND AUTHORITIES OF THE 
            SECRETARY.

    (a) Technical and Financial Assistance.--
            (1) In general.--
                    (A) Overall assistance.--The Secretary may, upon the 
                request of the management entity, and subject to the 
                availability of appropriations, provide technical and 
                financial assistance to the management entity to carry 
                out its duties under this title, including updating and 
                implementing a management plan that is submitted under 
                section 605(b) and approved by the Secretary and, prior 
                to such approval, providing assistance for initiatives.
                    (B) Other assistance.--If the Secretary has the 
                resources available to provide technical assistance to 
                the management entity to carry out its duties under this 
                title (including updating and implementing a management 
                plan that is submitted under section 605(b) and approved 
                by the Secretary and, prior to such approval, providing 
                assistance for initiatives), upon the request of the 
                management entity the Secretary shall provide such 
                assistance on a reimbursable basis. This subparagraph 
                does not preclude the Secretary from providing 
                nonreimbursable assistance under subparagraph (A).
            (2) Priority.--In assisting the management entity, the 
        Secretary shall give priority to actions that assist in the--
                    (A) implementation of the management plan;
                    (B) provision of educational assistance and advice 
                regarding land and water management techniques to 
                conserve the significant natural resources of the 
                region;
                    (C) development and application of techniques 
                promoting the preservation of cultural and historic 
                properties;
                    (D) preservation, restoration, and reuse of publicly 
                and privately owned historic buildings;
                    (E) design and fabrication of a wide range of 
                interpretive materials based on the management plan, 
                including guide brochures, visitor displays, audio-
                visual and interactive exhibits, and educational 
                curriculum materials for public education; and
                    (F) implementation of initiatives prior to approval 
                of the management plan.

[[Page 118 STAT. 3372]]

            (3) Documentation of structures.--The Secretary, acting 
        through the Historic American Building Survey and the Historic 
        American Engineering Record, shall conduct studies necessary to 
        document the industrial, engineering, building, and 
        architectural history of the Heritage Area.

    (b) Approval <<NOTE: Deadline.>> and Disapproval of Management 
Plans.--The Secretary, in consultation with the Governor of 
Pennsylvania, shall approve or disapprove a management plan submitted 
under this title not later than 90 days after receiving such plan. In 
approving the plan, the Secretary shall take into consideration the 
following criteria:
            (1) The extent to which the management plan adequately 
        preserves and protects the natural, cultural, and historical 
        resources of the Heritage Area.
            (2) The level of public participation in the development of 
        the management plan.
            (3) The extent to which the board of directors of the 
        management entity is representative of the local government and 
        a wide range of interested organizations and citizens.

    (c) Action Following Disapproval.--If the Secretary disapproves a 
management plan, the Secretary shall advise the management entity in 
writing of the reasons for the disapproval and shall make 
recommendations for revisions in the management 
plan. <<NOTE: Deadline.>> The Secretary shall approve or disapprove a 
proposed revision within 90 days after the date it is submitted.

    (d) Approving Changes.--The Secretary shall review and approve 
amendments to the management plan under section 605(b) that make 
substantial changes. Funds appropriated under this title may not be 
expended to implement such changes until the Secretary approves the 
amendments.
    (e) Effect of Inaction.--If the Secretary does not approve or 
disapprove a management plan, revision, or change within 90 days after 
it is submitted to the Secretary, then such management plan, revision, 
or change shall be deemed to have been approved by the Secretary.

SEC. 607. <<NOTE: 16 USC 461 note.>> DUTIES OF OTHER FEDERAL ENTITIES.

    Any Federal entity conducting or supporting activities directly 
affecting the Heritage Area shall--
            (1) consult with the Secretary and the management entity 
        with respect to such activities;
            (2) cooperate with the Secretary and the management entity 
        in carrying out their duties under this title and, to the 
        maximum extent practicable, coordinate such activities with the 
        carrying out of such duties; and
            (3) to the maximum extent practicable, conduct or support 
        such activities in a manner that the management entity 
        determines shall not have an adverse effect on the Heritage 
        Area.

SEC. 608. <<NOTE: 16 USC 461 note.>> SUNSET.

    The Secretary may not make any grant or provide any assistance under 
this title after the expiration of the 15-year period beginning on the 
date that funds are first made available for this title.

[[Page 118 STAT. 3373]]

SEC. 609. <<NOTE: 16 USC 461 note.>> REQUIREMENTS FOR INCLUSION OF 
            PRIVATE PROPERTY.

    (a) Notification and Consent of Property Owners Required.--No 
privately owned property shall be preserved, conserved, or promoted by 
the management plan for the Heritage Area until the owner of that 
private property has been notified in writing by the management entity 
and has given written consent for such preservation, conservation, or 
promotion to the management entity.
    (b) Landowner Withdraw.--Any owner of private property included 
within the boundary of the Heritage Area shall have their property 
immediately removed from the boundary by submitting a written request to 
the management entity.

SEC. 610. <<NOTE: 16 USC 461 note.>> PRIVATE PROPERTY PROTECTION.

    (a) Access to Private Property.--Nothing in this title shall be 
construed to--
            (1) require any private property owner to allow public 
        access (including Federal, State, or local government access) to 
        such private property; or
            (2) modify any provision of Federal, State, or local law 
        with regard to public access to or use of private property.

    (b) Liability.--Designation of the Heritage Area shall not be 
considered to create any liability, or to have any effect on any 
liability under any other law, of any private property owner with 
respect to any persons injured on such private property.
    (c) Recognition of Authority To Control Land Use.--Nothing in this 
title shall be construed to modify the authority of Federal, State, or 
local governments to regulate land use.
    (d) Participation of Private Property Owners in Heritage Area.--
Nothing in this title shall be construed to require the owner of any 
private property located within the boundaries of the Heritage Area to 
participate in or be associated with the Heritage Area.
    (e) Effect of Establishment.--The boundaries designated for the 
Heritage Area represent the area within which Federal funds appropriated 
for the purpose of this title may be expended. The establishment of the 
Heritage Area and its boundaries shall not be construed to provide any 
nonexisting regulatory authority on land use within the Heritage Area or 
its viewshed by the Secretary, the National Park Service, or the 
management entity.

SEC. 611. <<NOTE: 16 USC 461 note.>> USE OF FEDERAL FUNDS FROM OTHER 
            SOURCES.

    Nothing in this title shall preclude the management entity from 
using Federal funds available under Acts other than this title for the 
purposes for which those funds were authorized.

SEC. 612. <<NOTE: 16 USC 461 note.>> AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--There are authorized to be appropriated to carry 
out this title--
            (1) not more than $1,000,000 for any fiscal year; and
            (2) not more than a total of $10,000,000.

    (b) 50 Percent Match.--Financial assistance provided under this 
title may not be used to pay more than 50 percent of the total cost of 
any activity carried out with that assistance.

[[Page 118 STAT. 3374]]

TITLE VII--MISSISSIPPI <<NOTE: Mississippi Gulf Coast National Heritage 
Area Act. 16 USC 461 note.>> GULF COAST NATIONAL HERITAGE AREA ACT

SEC. 701. SHORT TITLE.

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

SEC. 702. <<NOTE: 16 USC 461 note.>> CONGRESSIONAL FINDINGS.

    Congress finds that--
            (1) the 6-county area in southern Mississippi located on the 
        Gulf of Mexico and in the Mississippi Coastal Plain has a unique 
        identity that is shaped by--
                    (A) the coastal and riverine environment; and
                    (B) the diverse cultures that have settled in the 
                area;
            (2) the area is rich with diverse cultural and historical 
        significance, including--
                    (A) early Native American settlements; and
                    (B) Spanish, French, and English settlements 
                originating in the 1600s;
            (3) the area includes spectacular natural, scenic, and 
        recreational resources;
            (4) there is broad support from local governments and other 
        interested individuals for the establishment of the Mississippi 
        Gulf Coast National Heritage Area to coordinate and assist in 
        the preservation and interpretation of those resources;
            (5) the Comprehensive Resource Management Plan, coordinated 
        by the Mississippi Department of Marine Resources--
                    (A) is a collaborative effort of the Federal 
                Government and State and local governments in the area; 
                and
                    (B) is a natural foundation on which to establish 
                the Heritage Area; and
            (6) establishment of the Heritage Area would assist local 
        communities and residents in preserving the unique cultural, 
        historical, and natural resources of the area.

SEC. 703. <<NOTE: 16 USC 461 note.>> DEFINITIONS.

    In this Act:
            (1) Heritage area.--The term ``Heritage Area'' means the 
        Mississippi Gulf Coast National Heritage Area established by 
        section 4(a).
            (2) Coordinating entity.--The term ``coordinating entity'' 
        means the coordinating entity for the Heritage Area designated 
        by section 4(c).
            (3) Management plan.--The term ``management plan'' means the 
        management plan for the Heritage Area developed under section 5.
            (4) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (5) State.--The term ``State'' means the State of 
        Mississippi.

SEC. 704. <<NOTE: 16 USC 461 note.>> MISSISSIPPI GULF COAST NATIONAL 
            HERITAGE AREA.

    (a) Establishment.--There is established in the State the 
Mississippi Gulf Coast National Heritage Area.
    (b) Boundaries.--The Heritage Area shall consist of the counties of 
Pearl River, Stone, George, Hancock, Harrison, and Jackson in the State.
    (c) Coordinating Entity.--

[[Page 118 STAT. 3375]]

            (1) In general.--The Mississippi Department of Marine 
        Resources, in consultation with the Mississippi Department of 
        Archives and History, shall serve as the coordinating entity for 
        the Heritage Area.
            (2) Oversight committee.--The coordinating entity shall 
        ensure that each of the 6 counties included in the Heritage Area 
        is appropriately represented on any oversight committee.

SEC. 705. <<NOTE: 16 USC 461 note.>> MANAGEMENT PLAN.

    (a) In General.--Not <<NOTE: Deadline.>> later than 3 years after 
the date of enactment of this Act, the coordinating entity shall develop 
and submit to the Secretary a management plan for the Heritage Area.

    (b) Requirements.--The management plan shall--
            (1) provide recommendations for the conservation, funding, 
        management, interpretation, and development of the cultural, 
        historical, archaeological, natural, and recreational resources 
        of the Heritage Area;
            (2) identify sources of funding for the Heritage Area;
            (3) include--
                    (A) an inventory of the cultural, historical, 
                archaeological, natural, and recreational resources of 
                the Heritage Area; and
                    (B) an analysis of ways in which Federal, State, 
                tribal, and local programs may best be coordinated to 
                promote the purposes of this Act;
            (4) provide recommendations for educational and interpretive 
        programs to inform the public about the resources of the 
        Heritage Area; and
            (5) involve residents of affected communities and tribal and 
        local governments.

    (c) Failure to Submit.--If a management plan is not submitted to the 
Secretary by the date specified in subsection (a), the Secretary shall 
not provide any additional funding under this Act until a management 
plan for the Heritage Area is submitted to the Secretary.
    (d) Approval or Disapproval of the Management Plan.--
            (1) In general.--Not later than 90 days after receipt of the 
        management plan under subsection (a), the Secretary shall 
        approve or disapprove the management plan.
            (2) Action following disapproval.--If the Secretary 
        disapproves a management plan under paragraph (1), the Secretary 
        shall--
                    (A) advise the coordinating entity in writing of the 
                reasons for disapproval;
                    (B) make recommendations for revision of the 
                management plan; and
                    (C) allow the coordinating entity to submit to the 
                Secretary revisions to the management plan.

    (e) Revision.--After approval by the Secretary of the management 
plan, the coordinating entity shall periodically--
            (1) review the management plan; and
            (2) submit to the Secretary, for review and approval by the 
        Secretary, any recommendations for revisions to the management 
        plan.

SEC. 706. <<NOTE: 16 USC 461 note.>> AUTHORITIES AND DUTIES OF 
            COORDINATING ENTITY.

    (a) Authorities.--For purposes of developing and implementing the 
management plan and otherwise carrying out this

[[Page 118 STAT. 3376]]

Act, the coordinating entity may make grants to and provide technical 
assistance to tribal and local governments, and other public and private 
entities.
    (b) Duties.--In addition to developing the management plan under 
section 5, in carrying out this Act, the coordinating entity shall--
            (1) implement the management plan; and
            (2) assist local and tribal governments and non-profit 
        organizations in--
                    (A) establishing and maintaining interpretive 
                exhibits in the Heritage Area;
                    (B) developing recreational resources in the 
                Heritage Area;
                    (C) increasing public awareness of, and appreciation 
                for, the cultural, historical, archaeological, and 
                natural resources of the Heritage Area;
                    (D) restoring historic structures that relate to the 
                Heritage Area; and
                    (E) carrying out any other activity that the 
                coordinating entity determines to be appropriate to 
                carry out this Act, consistent with the management plan;
            (3) conduct public meetings at least annually regarding the 
        implementation of the management plan; and
            (4) for any fiscal year for which Federal funds are made 
        available under section 9--
                    (A) <<NOTE: Reports.>> submit to the Secretary a 
                report that describes, for the fiscal year, the actions 
                of the coordinating entity in carrying out this Act;
                    (B) make available to the Secretary for audit all 
                records relating to the expenditure of funds and any 
                matching funds; and
                    (C) require, for all agreements authorizing the 
                expenditure of Federal funds by any entity, that the 
                receiving entity make available to the Secretary for 
                audit all records relating to the expenditure of the 
                funds.

    (c) Prohibition on Acquisition of Real Property.--The coordinating 
entity shall not use Federal funds made available under this Act to 
acquire real property or any interest in real property.

SEC. 707. <<NOTE: 16 USC 461 note.>> TECHNICAL AND FINANCIAL ASSISTANCE; 
            OTHER FEDERAL AGENCIES.

    (a) In General.--On the request of the coordinating entity, the 
Secretary may provide technical and financial assistance to the 
coordinating entity for use in the development and implementation of the 
management plan.
    (b) Prohibition of Certain Requirements.--The Secretary may not, as 
a condition of the provision of technical or financial assistance under 
this section, require any recipient of the assistance to impose or 
modify any land use restriction or zoning ordinance.

SEC. 708. <<NOTE: 16 USC 461 note.>> EFFECT OF ACT.

    Nothing in this Act--
            (1) affects or authorizes the coordinating entity to 
        interfere with--
                    (A) the right of any person with respect to private 
                property; or
                    (B) any local zoning ordinance or land use plan;

[[Page 118 STAT. 3377]]

            (2) restricts an Indian tribe from protecting cultural or 
        religious sites on tribal land;
            (3) modifies, enlarges, or diminishes the authority of any 
        State, tribal, or local government to regulate any use of land 
        under any other law (including regulations);
            (4)(A) modifies, enlarges, or diminishes the authority of 
        the State to manage fish and wildlife in the Heritage Area, 
        including the regulation of fishing and hunting; or
            (B) authorizes the coordinating entity to assume any 
        management authorities over such lands; or
            (5) diminishes the trust responsibilities or government-to-
        government obligations of the United States to any federally 
        recognized Indian tribe.

SEC. 709. <<NOTE: 16 USC 461 note.>> AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--There is authorized to be appropriated to carry out 
this Act $10,000,000, of which not more than $1,000,000 may be made 
available for any fiscal year.
    (b) Cost-Sharing Requirement.--The Federal share of the total cost 
of any activity assisted under this Act shall be not more than 50 
percent.

 VIII--FEDERAL <<NOTE: Federal Lands Recreation Enhancement Act. 16 USC 
6801 note.>> LANDS RECREATION ENHANCEMENT ACT

SEC. 801. SHORT TITLE AND TABLE OF CONTENTS.

    (a) Short Title.--This title may be cited as the ``Federal Lands 
Recreation Enhancement Act''.
    (b) Table of Contents.--The table of contents of this Act is as 
follows:

Sec. 801. Short title and table of contents.
Sec. 802. Definitions.
Sec. 803. Recreation fee authority.
Sec. 804. Public participation.
Sec. 805. Recreation passes.
Sec. 806. Cooperative agreements.
Sec. 807. Special account and distribution of fees and revenues.
Sec. 808. Expenditures.
Sec. 809. Reports.
Sec. 810. Sunset provision.
Sec. 811. Volunteers.
Sec. 812. Enforcement and protection of receipts.
Sec. 813. Repeal of superseded admission and use fee authorities.
Sec. 814. Relation to other laws and fee collection authorities.
Sec. 815. Limitation on use of fees for employee bonuses.

SEC. 802. <<NOTE: 16 USC 6801.>> DEFINITIONS.

    In this Act:
            (1) Standard amenity recreation fee.--The term ``standard 
        amenity recreation fee'' means the recreation fee authorized by 
        section 3(f).
            (2) Expanded amenity recreation fee.--The term ``expanded 
        amenity recreation fee'' means the recreation fee authorized by 
        section 3(g).
            (3) Entrance fee.--The term ``entrance fee'' means the 
        recreation fee authorized to be charged to enter onto lands 
        managed by the National Park Service or the United States Fish 
        and Wildlife Service.
            (4) Federal land management agency.--The term ``Federal land 
        management agency'' means the National Park Service, the United 
        States Fish and Wildlife Service, the Bureau

[[Page 118 STAT. 3378]]

        of Land Management, the Bureau of Reclamation, or the Forest 
        Service.
            (5) Federal recreational lands and waters.--The term 
        ``Federal recreational lands and waters'' means lands or waters 
        managed by a Federal land management agency.
            (6) National parks and federal recreational lands pass.--The 
        term ``National Parks and Federal Recreational Lands Pass'' 
        means the interagency national pass authorized by section 5.
            (7) Passholder.--The term ``passholder'' means the person 
        who is issued a recreation pass.
            (8) Recreation fee.--The term ``recreation fee'' means an 
        entrance fee, standard amenity recreation fee, expanded amenity 
        recreation fee, or special recreation permit fee.
            (9) Recreation pass.--The term ``recreation pass'' means the 
        National Parks and Federal Recreational Lands Pass or one of the 
        other recreation passes available as authorized by section 5.
            (10) Secretary.--The term ``Secretary'' means--
                    (A) the Secretary of the Interior, with respect to a 
                Federal land management agency (other than the Forest 
                Service); and
                    (B) the Secretary of Agriculture, with respect to 
                the Forest Service.
            (11) Secretaries.--The term ``Secretaries'' means the 
        Secretary of the Interior and the Secretary of Agriculture 
        acting jointly.
            (12) Special account.--The term ``special account'' means 
        the special account established in the Treasury under section 7 
        for a Federal land management agency.
            (13) Special recreation permit fee.--The term ``special 
        recreation permit fee'' means the fee authorized by section 
        3(h).

SEC. 803. <<NOTE: 16 USC 6802.>> RECREATION FEE AUTHORITY.

    (a) Authority of Secretary.--Beginning in fiscal year 2005 and 
thereafter, the Secretary may establish, modify, charge, and collect 
recreation fees at Federal recreational lands and waters as provided for 
in this section.
    (b) Basis for Recreation Fees.--Recreation fees shall be established 
in a manner consistent with the following criteria:
            (1) The amount of the recreation fee shall be commensurate 
        with the benefits and services provided to the visitor.
            (2) The Secretary shall consider the aggregate effect of 
        recreation fees on recreation users and recreation service 
        providers.
            (3) The Secretary shall consider comparable fees charged 
        elsewhere and by other public agencies and by nearby private 
        sector operators.
            (4) The Secretary shall consider the public policy or 
        management objectives served by the recreation fee.
            (5) The Secretary shall obtain input from the appropriate 
        Recreation Resource Advisory Committee, as provided in section 
        4(d).
            (6) The Secretary shall consider such other factors or 
        criteria as determined appropriate by the Secretary.

[[Page 118 STAT. 3379]]

    (c) Special Considerations.--The Secretary shall establish the 
minimum number of recreation fees and shall avoid the collection of 
multiple or layered recreation fees for similar uses, activities, or 
programs.
    (d) Limitations on Recreation Fees.--
            (1) Prohibition on fees for certain activities or 
        services.--The Secretary shall not charge any standard amenity 
        recreation fee or expanded amenity recreation fee for Federal 
        recreational lands and waters administered by the Bureau of Land 
        Management, the Forest Service, or the Bureau of Reclamation 
        under this Act for any of the following:
                    (A) Solely for parking, undesignated parking, or 
                picnicking along roads or trailsides.
                    (B) For general access unless specifically 
                authorized under this section.
                    (C) For dispersed areas with low or no investment 
                unless specifically authorized under this section.
                    (D) For persons who are driving through, walking 
                through, boating through, horseback riding through, or 
                hiking through Federal recreational lands and waters 
                without using the facilities and services.
                    (E) For camping at undeveloped sites that do not 
                provide a minimum number of facilities and services as 
                described in subsection (g)(2)(A).
                    (F) For use of overlooks or scenic pullouts.
                    (G) For travel by private, noncommercial vehicle 
                over any national parkway or any road or highway 
                established as a part of the Federal-aid System, as 
                defined in section 101 of title 23, United States Code, 
                which is commonly used by the public as a means of 
                travel between two places either or both of which are 
                outside any unit or area at which recreation fees are 
                charged under this Act.
                    (H) For travel by private, noncommercial vehicle, 
                boat, or aircraft over any road or highway, waterway, or 
                airway to any land in which such person has any property 
                right if such land is within any unit or area at which 
                recreation fees are charged under this Act.
                    (I) For any person who has a right of access for 
                hunting or fishing privileges under a specific provision 
                of law or treaty.
                    (J) For any person who is engaged in the conduct of 
                official Federal, State, Tribal, or local government 
                business.
                    (K) For special attention or extra services 
                necessary to meet the needs of the disabled.
            (2) Relation to fees for use of highways or roads.--An 
        entity that pays a special recreation permit fee or similar 
        permit fee shall not be subject to a road cost-sharing fee or a 
        fee for the use of highways or roads that are open to private, 
        noncommercial use within the boundaries of any Federal 
        recreational lands or waters, as authorized under section 6 of 
        Public Law 88-657 (16 U.S.C. 537; commonly known as the Forest 
        Roads and Trails Act).
            (3) Prohibition on fees for certain persons or places.--The 
        Secretary shall not charge an entrance fee or standard amenity 
        recreation fee for the following:
                    (A) Any person under 16 years of age.

[[Page 118 STAT. 3380]]

                    (B) Outings conducted for noncommercial educational 
                purposes by schools or bona fide academic institutions.
                    (C) The U.S.S. Arizona Memorial, Independence 
                National Historical Park, any unit of the National Park 
                System within the District of Columbia, or Arlington 
                House-Robert E. Lee National Memorial.
                    (D) The Flight 93 National Memorial.
                    (E) Entrance on other routes into the Great Smoky 
                Mountains National Park or any part thereof unless fees 
                are charged for entrance into that park on main highways 
                and thoroughfares.
                    (F) Entrance on units of the National Park System 
                containing deed restrictions on charging fees.
                    (G) An area or unit covered under section 203 of the 
                Alaska National Interest Lands Conservation Act (Public 
                Law 96-487; 16 U.S.C. 410hh-2), with the exception of 
                Denali National Park and Preserve.
                    (H) A unit of the National Wildlife Refuge System 
                created, expanded, or modified by the Alaska National 
                Interest Lands Conservation Act (Public Law 96-487).
                    (I) Any person who visits a unit or area under the 
                jurisdiction of the United States Fish and Wildlife 
                Service and who has been issued a valid migratory bird 
                hunting and conservation stamp issued under section 2 of 
                the Act of March 16, 1934 (16 U.S.C. 718b; commonly 
                known as the Duck Stamp Act).
                    (J) Any person engaged in a nonrecreational activity 
                authorized under a valid permit issued under any other 
                Act, including a valid grazing permit.
            (4) No restriction on recreation opportunities.--Nothing in 
        this Act shall limit the use of recreation opportunities only to 
        areas designated for collection of recreation fees.

    (e) Entrance Fee.--
            (1) Authorized sites for entrance fees.--The Secretary of 
        the Interior may charge an entrance fee for a unit of the 
        National Park System, including a national monument administered 
        by the National Park Service, or for a unit of the National 
        Wildlife Refuge System.
            (2) Prohibited sites.--The Secretary shall not charge an 
        entrance fee for Federal recreational lands and waters managed 
        by the Bureau of Land Management, the Bureau of Reclamation, or 
        the Forest Service.

    (f) Standard Amenity Recreation Fee.--Except as limited by 
subsection (d), the Secretary may charge a standard amenity recreation 
fee for Federal recreational lands and waters under the jurisdiction of 
the Bureau of Land Management, the Bureau of Reclamation, or the Forest 
Service, but only at the following:
            (1) A National Conservation Area.
            (2) A National Volcanic Monument.
            (3) A destination visitor or interpretive center that 
        provides a broad range of interpretive services, programs, and 
        media.
            (4) An area--
                    (A) that provides significant opportunities for 
                outdoor recreation;
                    (B) that has substantial Federal investments;
                    (C) where fees can be efficiently collected; and
                    (D) that contains all of the following amenities:

[[Page 118 STAT. 3381]]

                          (i) Designated developed parking.
                          (ii) A permanent toilet facility.
                          (iii) A permanent trash receptacle.
                          (iv) Interpretive sign, exhibit, or kiosk.
                          (v) Picnic tables.
                          (vi) Security services.

    (g) Expanded Amenity Recreation Fee.--
            (1) NPS and usfws authority.--Except as limited by 
        subsection (d), the Secretary of the Interior may charge an 
        expanded amenity recreation fee, either in addition to an 
        entrance fee or by itself, at Federal recreational lands and 
        waters under the jurisdiction of the National Park Service or 
        the United States Fish and Wildlife Service when the Secretary 
        of the Interior determines that the visitor uses a specific or 
        specialized facility, equipment, or service.
            (2) Other federal land management agencies.--Except as 
        limited by subsection (d), the Secretary may charge an expanded 
        amenity recreation fee, either in addition to a standard amenity 
        fee or by itself, at Federal recreational lands and waters under 
        the jurisdiction of the Forest Service, the Bureau of Land 
        Management, or the Bureau of Reclamation, but only for the 
        following facilities or services:
                    (A) Use of developed campgrounds that provide at 
                least a majority of the following:
                          (i) Tent or trailer spaces.
                          (ii) Picnic tables.
                          (iii) Drinking water.
                          (iv) Access roads.
                          (v) The collection of the fee by an employee 
                      or agent of the Federal land management agency.
                          (vi) Reasonable visitor protection.
                          (vii) Refuse containers.
                          (viii) Toilet facilities.
                          (ix) Simple devices for containing a campfire.
                    (B) Use of highly developed boat launches with 
                specialized facilities or services such as mechanical or 
                hydraulic boat lifts or facilities, multi-lane paved 
                ramps, paved parking, restrooms and other improvements 
                such as boarding floats, loading ramps, or fish cleaning 
                stations.
                    (C) Rental of cabins, boats, stock animals, 
                lookouts, historic structures, group day-use or 
                overnight sites, audio tour devices, portable sanitation 
                devices, binoculars or other equipment.
                    (D) Use of hookups for electricity, cable, or sewer.
                    (E) Use of sanitary dump stations.
                    (F) Participation in an enhanced interpretive 
                program or special tour.
                    (G) Use of reservation services.
                    (H) Use of transportation services.
                    (I) Use of areas where emergency medical or first-
                aid services are administered from facilities staffed by 
                public employees or employees under a contract or 
                reciprocal agreement with the Federal Government.
                    (J) Use of developed swimming sites that provide at 
                least a majority of the following:
                          (i) Bathhouse with showers and flush toilets.
                          (ii) Refuse containers.

[[Page 118 STAT. 3382]]

                          (iii) Picnic areas.
                          (iv) Paved parking.
                          (v) Attendants, including lifeguards.
                          (vi) Floats encompassing the swimming area.
                          (vii) Swimming deck.

    (h) Special Recreation Permit Fee.--The Secretary may issue a 
special recreation permit, and charge a special recreation permit fee in 
connection with the issuance of the permit, for specialized recreation 
uses of Federal recreational lands and waters, such as group activities, 
recreation events, motorized recreational vehicle use.

SEC. 804. <<NOTE: 16 USC 6803.>> PUBLIC PARTICIPATION.

    (a) In General.--As required in this section, the Secretary shall 
provide the public with opportunities to participate in the development 
of or changing of a recreation fee established under this Act.
    (b) Advance Notice.--The <<NOTE: Federal 
Register, publication.>> Secretary shall publish a notice in the Federal 
Register of the establishment of a new recreation fee area for each 
agency 6 months before establishment. The Secretary shall publish notice 
of a new recreation fee or a change to an existing recreation fee 
established under this Act in local newspapers and publications located 
near the site at which the recreation fee would be established or 
changed.

    (c) Public Involvement.--Before establishing any new recreation fee 
area, the Secretary shall provide opportunity for public involvement 
by--
            (1) <<NOTE: Guidelines.>> establishing guidelines for public 
        involvement;
            (2) establishing guidelines on how agencies will demonstrate 
        on an annual basis how they have provided information to the 
        public on the use of recreation fee revenues; and
            (3) <<NOTE: Federal Register, publication.>> publishing the 
        guidelines in paragraphs (1) and (2) in the Federal Register.

    (d) Recreation Resource Advisory Committee.--
            (1) Establishment.--
                    (A) Authority to establish.--Except as provided in 
                subparagraphs (C) and (D), the Secretary or the 
                Secretaries shall establish a Recreation Resource 
                Advisory Committee in each State or region for Federal 
                recreational lands and waters managed by the Forest 
                Service or the Bureau of Land Management to perform the 
                duties described in paragraph (2).
                    (B) Number of committees.--The Secretary may have as 
                many additional Recreation Resource Advisory Committees 
                in a State or region as the Secretary considers 
                necessary for the effective operation of this Act.
                    (C) Exception.--The Secretary shall not establish a 
                Recreation Resource Advisory Committee in a State if the 
                Secretary determines, in consultation with the Governor 
                of the State, that sufficient interest does not exist to 
                ensure that participation on the Committee is balanced 
                in terms of the points of view represented and the 
                functions to be performed.
                    (D) Use of other entities.--In lieu of establishing 
                a Recreation Resource Advisory Committee under 
                subparagraph (A), the Secretary may use a Resource 
                Advisory Committee established pursuant to another 
                provision of

[[Page 118 STAT. 3383]]

                law and in accordance with that law or a recreation fee 
                advisory board otherwise established by the Secretary to 
                perform the duties specified in paragraph (2).
            (2) Duties.--In accordance with the procedures required by 
        paragraph (9), a Recreation Resource Advisory Committee may make 
        recommendations to the Secretary regarding a standard amenity 
        recreation fee or an expanded amenity recreation fee, whenever 
        the recommendations relate to public concerns in the State or 
        region covered by the Committee regarding--
                    (A) the implementation of a standard amenity 
                recreation fee or an expanded amenity recreation fee or 
                the establishment of a specific recreation fee site;
                    (B) the elimination of a standard amenity recreation 
                fee or an expanded amenity recreation fee; or
                    (C) the expansion or limitation of the recreation 
                fee program.
            (3) Meetings.--A Recreation Resource Advisory Committee 
        shall meet at least annually, but may, at the discretion of the 
        Secretary, meet as often as needed to deal with citizen concerns 
        about the recreation fee program in a timely manner.
            (4) Notice of rejection.--If 
        the <<NOTE: Deadline.>> Secretary rejects the recommendation of 
        a Recreation Resource Advisory Committee, the Secretary shall 
        issue a notice that identifies the reasons for rejecting the 
        recommendation to the Committee on Resources of the House of 
        Representatives and the Committee on Energy and Natural 
        Resources of the Senate not later than 30 days before the 
        Secretary implements a decision pertaining to that 
        recommendation.
            (5) Composition of the advisory committee.--
                    (A) Number.--A Recreation Resource Advisory 
                Committee shall be comprised of 11 members.
                    (B) Nominations.--The Governor and the designated 
                county official from each county in the relevant State 
                or Region may submit a list of nominations in the 
                categories described under subparagraph (D).
                    (C) Appointment.--The Secretary may appoint members 
                of the Recreation Resource Advisory Committee from the 
                list as provided in subparagraph (B).
                    (D) Broad and balanced representation.--In 
                appointing the members of a Recreation Resource Advisory 
                Committee, the Secretary shall provide for a balanced 
                and broad representation from the recreation community 
                that shall include the following:
                          (i) Five persons who represent recreation 
                      users and that include, as appropriate, persons 
                      representing the following:
                                    (I) Winter motorized recreation, 
                                such as snowmobiling.
                                    (II) Winter non-motorized 
                                recreation, such as snowshoeing, cross 
                                country and down hill skiing, and 
                                snowboarding.
                                    (III) Summer motorized recreation, 
                                such as motorcycles, boaters, and off-
                                highway vehicles.
                                    (IV) Summer nonmotorized recreation, 
                                such as backpacking, horseback riding, 
                                mountain biking, canoeing, and rafting.

[[Page 118 STAT. 3384]]

                                    (V) Hunting and fishing.
                          (ii) Three persons who represent interest 
                      groups that include, as appropriate, the 
                      following:
                                    (I) Motorized outfitters and guides.
                                    (II) Non-motorized outfitters and 
                                guides.
                                    (III) Local environmental groups.
                          (iii) Three persons, as follows:
                                    (I) State tourism official to 
                                represent the State.
                                    (II) A person who represents 
                                affected Indian tribes.
                                    (III) A person who represents 
                                affected local government interests.
            (6) Term.--
                    (A) Length of term.--The Secretary shall appoint the 
                members of a Recreation Resource Advisory Committee for 
                staggered terms of 2 and 3 years beginning on the date 
                that the members are first appointed. The Secretary may 
                reappoint members to subsequent 2- or 3-year terms.
                    (B) Effect of vacancy.--The Secretary shall make 
                appointments to fill a vacancy on a Recreation Resource 
                Advisory Committee as soon as practicable after the 
                vacancy has occurred.
                    (C) Effect of unexpected vacancy.--Where an 
                unexpected vacancy occurs, the Governor and the 
                designated county officials from each county in the 
                relevant State shall provide the Secretary with a list 
                of nominations in the relevant category, as described 
                under paragraph (5)(D), not later than two months after 
                notification of the vacancy. To the extent possible, a 
                vacancy shall be filled in the same category and term in 
                which the original appointment was made.
            (7) Chairperson.--The chairperson of a Recreation Resource 
        Advisory Committee shall be selected by the majority vote of the 
        members of the Committee.
            (8) Quorum.--Eight members shall constitute a quorum. A 
        quorum must be present to constitute an official meeting of a 
        Recreation Resource Advisory Committee.
            (9) Approval procedures.--A Recreation Resource Advisory 
        Committee shall establish procedures for making recommendations 
        to the Secretary. A recommendation may be submitted to the 
        Secretary only if the recommendation is approved by a majority 
        of the members of the Committee from each of the categories 
        specified in paragraph (5)(D) and general public support for the 
        recommendation is documented.
            (10) Compensation.--Members of the Recreation Resource 
        Advisory Committee shall not receive any compensation.
            (11) Public participation in the recreation resource 
        advisory committee.--
                    (A) Notice of meetings.--
                All <<NOTE: Newspaper, publication. Federal 
                Register, publication.>> meetings of a Recreation 
                Resource Advisory Committee shall be announced at least 
                one week in advance in a local newspaper of record and 
                the Federal Register, and shall be open to the public.
                    (B) Records.--A <<NOTE: Public 
                information.>> Recreation Resource Advisory Committee 
                shall maintain records of the meetings of the Recreation 
                Resource Advisory Committee and make the records 
                available for public inspection.

[[Page 118 STAT. 3385]]

            (12) Federal advisory committee act.--A Recreation Resource 
        Advisory Committee is subject to the provisions of the Federal 
        Advisory Committee Act (5 U.S.C. App.).

    (e) Miscellaneous Administrative Provisions Regarding Recreation 
Fees and Recreation Passes.--
            (1) Notice of entrance fees, standard amenity recreation 
        fees, and passes.--The Secretary shall post clear notice of any 
        entrance fee, standard amenity recreation fee, and available 
        recreation passes at appropriate locations in each unit or area 
        of a Federal land management agency where an entrance fee or a 
        standard amenity recreation fee is charged. The Secretary shall 
        include such notice in publications distributed at the unit or 
        area.
            (2) Notice of recreation fee projects.--To the extent 
        practicable, the Secretary shall post clear notice of locations 
        where work is performed using recreation fee or recreation pass 
        revenues collected under this Act.

SEC. 805. <<NOTE: 16 USC 6804.>> RECREATION PASSES.

    (a) America the Beautiful--the National Parks and Federal 
Recreational Lands Pass.--
            (1) Availability and use.--The Secretaries shall establish, 
        and may charge a fee for, an interagency national pass to be 
        known as the ``America the Beautiful--the National Parks and 
        Federal Recreational Lands Pass'', which shall cover the 
        entrance fee and standard amenity recreation fee for all Federal 
        recreational lands and waters for which an entrance fee or a 
        standard amenity recreation fee is charged.
            (2) Image competition for recreation pass.--The Secretaries 
        shall hold an annual competition to select the image to be used 
        on the National Parks and Federal Recreational Lands Pass for a 
        year. The competition shall be open to the public and used as a 
        means to educate the American people about Federal recreational 
        lands and waters.
            (3) Notice of establishment.--The <<NOTE: Federal 
        Register, publication.>> Secretaries shall publish a notice in 
        the Federal Register when the National Parks and Federal 
        Recreational Lands Pass is first established and available for 
        purchase.
            (4) Duration.--The National Parks and Federal Recreational 
        Lands Pass shall be valid for a period of 12 months from the 
        date of the issuance of the recreation pass to a passholder, 
        except in the case of the age and disability discounted passes 
        issued under subsection (b).
            (5) Price.--The Secretaries shall establish the price at 
        which the National Parks and Federal Recreational Lands Pass 
        will be sold to the public.
            (6) Sales locations and marketing.--
                    (A) In general.--The Secretary shall sell the 
                National Parks and Federal Recreational Lands Pass at 
                all Federal recreational lands and waters at which an 
                entrance fee or a standard amenity recreation fee is 
                charged and at such other locations as the Secretaries 
                consider appropriate and feasible.
                    (B) Use of vendors.--The Secretary may enter into 
                fee management agreements as provided in section 6.

[[Page 118 STAT. 3386]]

                    (C) Marketing.--The Secretaries shall take such 
                actions as are appropriate to provide for the active 
                marketing of the National Parks and Federal Recreational 
                Lands Pass.
            (7) Administrative guidelines.--The Secretaries shall issue 
        guidelines on administration of the National Parks and Federal 
        Recreational Lands Pass, which shall include agreement on price, 
        the distribution of revenues between the Federal land management 
        agencies, the sharing of costs, benefits provided, marketing and 
        design, adequate documentation for age and disability discounts 
        under subsection (b), and the issuance of that recreation pass 
        to volunteers. The Secretaries shall take into consideration all 
        relevant visitor and sales data available in establishing the 
        guidelines.
            (8) Development and implementation agreements.--The 
        Secretaries may enter into cooperative agreements with 
        governmental and nongovernmental entities for the development 
        and implementation of the National Parks and Federal 
        Recreational Lands Pass Program.
            (9) Prohibition on other national recreation passes.--The 
        Secretary may not establish any national recreation pass, except 
        as provided in this section.

    (b) Discounted Passes.--
            (1) Age discount.--The Secretary shall make the National 
        Parks and Federal Recreational Lands Pass available, at a cost 
        of $10.00, to any United States citizen or person domiciled in 
        the United States who is 62 years of age or older, if the 
        citizen or person provides adequate proof of such age and such 
        citizenship or residency. The National Parks and Federal 
        Recreational Lands Pass made available under this subsection 
        shall be valid for the lifetime of the pass holder.
            (2) Disability discount.--The Secretary shall make the 
        National Parks and Federal Recreational Lands Pass available, 
        without charge, to any United States citizen or person domiciled 
        in the United States who has been medically determined to be 
        permanently disabled for purposes of section 7(20)(B)(i) of the 
        Rehabilitation Act of 1973 (29 U.S.C. 705(20)(B)(i)), if the 
        citizen or person provides adequate proof of the disability and 
        such citizenship or residency. The National Parks and Federal 
        Recreational Lands Pass made available under this subsection 
        shall be valid for the lifetime of the passholder.

    (c) Site-Specific Agency Passes.--The Secretary may establish and 
charge a fee for a site-specific pass that will cover the entrance fee 
or standard amenity recreation fee for particular Federal recreational 
lands and waters for a specified period not to exceed 12 months.
    (d) Regional Multientity Passes.--
            (1) Passes authorized.--The Secretary may establish and 
        charge a fee for a regional multientity pass that will be 
        accepted by one or more Federal land management agencies or by 
        one or more governmental or nongovernmental entities for a 
        specified period not to exceed 12 months. To include a Federal 
        land management agency or governmental or nongovernmental entity 
        over which the Secretary does not have jurisdiction, the 
        Secretary shall obtain the consent of the head of such agency or 
        entity.

[[Page 118 STAT. 3387]]

            (2) Regional multientity pass agreement.--In order to 
        establish a regional multientity pass under this subsection, the 
        Secretary shall enter into a regional multientity pass agreement 
        with all the participating agencies or entities on price, the 
        distribution of revenues between participating agencies or 
        entities, the sharing of costs, benefits provided, marketing and 
        design, and the issuance of the pass to volunteers. The 
        Secretary shall take into consideration all relevant visitor and 
        sales data available when entering into this agreement.

    (e) Discounted or Free Admission Days or Use.--The Secretary may 
provide for a discounted or free admission day or use of Federal 
recreational lands and waters.
    (f) Effect on Existing Passports and Permits.--
            (1) Existing passports.--A passport issued under section 4 
        of the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 
        460l-6a) or title VI of the National Parks Omnibus Management 
        Act of 1998 (Public Law 105-391; 16 U.S.C. 5991-5995), such as 
        the Golden Eagle Passport, the Golden Age Passport, the Golden 
        Access Passport, and the National Parks Passport, that was valid 
        on the day before the publication of the Federal Register notice 
        required under subsection (a)(3) shall be valid in accordance 
        with the terms agreed to at the time of issuance of the 
        passport, to the extent practicable, and remain in effect until 
        expired, lost, or stolen.
            (2) Permits.--A permit issued under section 4 of the Land 
        and Water Conservation Fund Act of 1965 that was valid on the 
        day before the date of the enactment of this Act shall be valid 
        and remain in effect until expired, revoked, or suspended.

SEC. 806. <<NOTE: 16 USC 6805.>> COOPERATIVE AGREEMENTS.

    (a) Fee Management Agreement.--Notwithstanding chapter 63 of title 
31, United States Code, the Secretary may enter into a fee management 
agreement, including a contract, which may provide for a reasonable 
commission, reimbursement, or discount, with the following entities for 
the following purposes:
            (1) With any governmental or nongovernmental entity, 
        including those in a gateway community, for the purpose of 
        obtaining fee collection and processing services, including 
        visitor reservation services.
            (2) With any governmental or nongovernmental entity, 
        including those in a gateway community, for the purpose of 
        obtaining emergency medical services.
            (3) With any governmental entity, including those in a 
        gateway community, to obtain law enforcement services.

    (b) Revenue Sharing.--A State or legal subdivision of a State that 
enters into an agreement with the Secretary under subsection (a) may 
share in a percentage of the revenues collected at the site in 
accordance with that fee management agreement.
    (c) County Proposals.--The Secretary shall consider any proposal 
submitted by a county to provide services described in subsection (a). 
If the Secretary decides not to enter into a fee management agreement 
with the county under subsection (a), the Secretary shall notify the 
county in writing of the decision, identifying the reasons for the 
decision. The fee management agreement may include cooperative site 
planning and management provisions.

[[Page 118 STAT. 3388]]

SEC. 807. <<NOTE: 16 USC 6806.>> SPECIAL ACCOUNT AND DISTRIBUTION OF 
            FEES AND REVENUES.

    (a) Special Account.--The Secretary of the Treasury shall establish 
a special account in the Treasury for each Federal land management 
agency.
    (b) Deposits.--Subject to subsections (c), (d), and (e), revenues 
collected by each Federal land management agency under this Act shall--
            (1) be deposited in its special account; and
            (2) remain available for expenditure, without further 
        appropriation, until expended.

    (c) Distribution of Recreation Fees and Single-Site Agency Pass 
Revenues.--
            (1) Local distribution of funds.--
                    (A) Retention of revenues.--Not less than 80 percent 
                of the recreation fees and site-specific agency pass 
                revenues collected at a specific unit or area of a 
                Federal land management agency shall remain available 
                for expenditure, without further appropriation, until 
                expended at that unit or area.
                    (B) Reduction.--The Secretary may reduce the 
                percentage allocation otherwise applicable under 
                subparagraph (A) to a unit or area of a Federal land 
                management agency, but not below 60 percent, for a 
                fiscal year if the Secretary determines that the 
                revenues collected at the unit or area exceed the 
                reasonable needs of the unit or area for which 
                expenditures may be made for that fiscal year.
            (2) Agency-wide distribution of funds.--The balance of the 
        recreation fees and site-specific agency pass revenues collected 
        at a specific unit or area of a Federal land management and not 
        distributed in accordance with paragraph (1) shall remain 
        available to that Federal land management agency for expenditure 
        on an agency-wide basis, without further appropriation, until 
        expended.
            (3) Other amounts.--Other amounts collected at other 
        locations, including recreation fees collected by other entities 
        or for a reservation service, shall remain available, without 
        further appropriation, until expended in accordance with 
        guidelines established by the Secretary.

    (d) Distribution of National Parks and Federal Recreational Lands 
Pass Revenues.--Revenues collected from the sale of the National Parks 
and Federal Recreational Lands Pass shall be deposited in the special 
accounts established for the Federal land management agencies in 
accordance with the guidelines issued under section 5(a)(7).
    (e) Distribution of Regional Multientity Pass Revenues.--Revenues 
collected from the sale of a regional multientity pass authorized under 
section 5(d) shall be deposited in each participating Federal land 
management agency's special account in accordance with the terms of the 
region multientity pass agreement for the regional multientity pass.

SEC. 808. <<NOTE: 16 USC 6807.>> EXPENDITURES.

    (a) Use of Fees at Specific Site or Area.--Amounts available for 
expenditure at a specific site or area--

[[Page 118 STAT. 3389]]

            (1) shall be accounted for separately from the amounts 
        collected;
            (2) may be distributed agency-wide; and
            (3) shall be used only for--
                    (A) repair, maintenance, and facility enhancement 
                related directly to visitor enjoyment, visitor access, 
                and health and safety;
                    (B) interpretation, visitor information, visitor 
                service, visitor needs assessments, and signs;
                    (C) habitat restoration directly related to 
                wildlife-dependent recreation that is limited to 
                hunting, fishing, wildlife observation, or photography;
                    (D) law enforcement related to public use and 
                recreation;
                    (E) direct operating or capital costs associated 
                with the recreation fee program; and
                    (F) a fee management agreement established under 
                section 6(a) or a visitor reservation service.

    (b) Limitation on Use of Fees.--The Secretary may not use any 
recreation fees for biological monitoring on Federal recreational lands 
and waters under the Endangered Species Act of 1973 for listed or 
candidate species.
    (c) Administration, Overhead, and Indirect Costs.--The Secretary may 
use not more than an average of 15 percent of total revenues collected 
under this Act for administration, overhead, and indirect costs related 
to the recreation fee program by that Secretary.
    (d) Transitional Exception.--Notwithstanding any other provision of 
this Act, the Secretary may use amounts available in the special account 
of a Federal land management agency to supplement administration and 
marketing costs associated with--
            (1) the National Parks and Federal Recreational Lands Pass 
        during the 5-year period beginning on the date the joint 
        guidelines are issued under section 5(a)(7); and
            (2) a regional multientity pass authorized section 5(d) 
        during the 5-year period beginning on the date the regional 
        multientity pass agreement for that recreation pass takes 
        effect.

SEC. 809. <<NOTE: 16 USC 6808.>> REPORTS.

    Not later than May 1, 2006, and every 3 years thereafter, the 
Secretary shall submit to Congress a report detailing the status of the 
recreation fee program conducted for Federal recreational lands and 
waters, including an evaluation of the recreation fee program, examples 
of projects that were funded using such fees, and future projects and 
programs for funding with fees, and containing any recommendations for 
changes in the overall fee system.

SEC. 810. <<NOTE: 16 USC 6809.>> SUNSET PROVISION.

    The authority of the Secretary to carry out this Act shall terminate 
10 years after the date of the enactment of this Act.

SEC. 811. <<NOTE: 16 USC 6810.>> VOLUNTEERS.

    (a) Authority to Use Volunteers.--The Secretary may use volunteers, 
as appropriate, to collect recreation fees and sell recreation passes.
    (b) Waiver or Discount of Fees; Site-Specific Agency Pass.--In 
exchange for volunteer services, the Secretary may waive or discount an 
entrance fee, standard amenity recreation fee, or

[[Page 118 STAT. 3390]]

an expanded amenity recreation fee that would otherwise apply to the 
volunteer or issue to the volunteer a site-specific agency pass 
authorized under section 5(c).
    (c) National Parks and Federal Recreational Lands Pass.--In 
accordance with the guidelines issued under section 5(a)(7), the 
Secretaries may issue a National Parks and Federal Recreational Lands 
Pass to a volunteer in exchange for significant volunteer services 
performed by the volunteer.
    (d) Regional Multientity Passes.--The Secretary may issue a regional 
multientity pass authorized under section 5(d) to a volunteer in 
exchange for significant volunteer services performed by the volunteer, 
if the regional multientity pass agreement under which the regional 
multientity pass was established provides for the issuance of the pass 
to volunteers.

SEC. 812. <<NOTE: 16 USC 6811.>> ENFORCEMENT AND PROTECTION OF RECEIPTS.

    (a) Enforcement Authority.--The Secretary concerned shall enforce 
payment of the recreation fees authorized by this Act.
    (b) Evidence of Nonpayment.--If the display of proof of payment of a 
recreation fee, or the payment of a recreation fee within a certain time 
period is required, failure to display such proof as required or to pay 
the recreation fee within the time period specified shall constitute 
nonpayment.
    (c)  Joint Liability.--The registered owner and any occupant of a 
vehicle charged with a nonpayment violation involving the vehicle shall 
be jointly liable for penalties imposed under this section, unless the 
registered owner can show that the vehicle was used without the 
registered owner's express or implied permission.
    (d) Limitation on Penalties.--The failure to pay a recreation fee 
established under this Act shall be punishable as a Class A or Class B 
misdemeanor, except that in the case of a first offense of nonpayment, 
the fine imposed may not exceed $100, notwithstanding section 3571(e) of 
title 18, United States Code.

SEC. 813. <<NOTE: 16 USC 6812.>> REPEAL OF SUPERSEDED ADMISSION AND USE 
            FEE AUTHORITIES.

    (a) Land and <<NOTE: Federal Register, publication.>> Water 
Conservation Fund Act.--Subsections (a), (b), (c), (d), (e), (f), (g), 
and (i) of section 4 of the Land and Water Conservation Fund Act 
of <<NOTE: 16 USC 460l-6a.>> 1965 (16 U.S.C. 460l-6a et seq.) are 
repealed, except that the Secretary may continue to issue Golden Eagle 
Passports, Golden Age Passports, and Golden Access Passports under such 
section until the date the notice required by section 5(a)(3) is 
published in the Federal Register regarding the establishment of the 
National Parks and Federal Recreational Lands Pass.

    (b) Recreational Fee Demonstration Program.--Section 315 of the 
Department of the Interior and Related Agencies Appropriations Act, 1996 
(as contained in section 101(c) of Public Law 104-134; 16 U.S.C. 460l-
6a), <<NOTE: 16 USC 460l-6a.>> is repealed.

    (c) Admission Permits for Refuge Units.--Section 201 of the 
Emergency Wetlands Resources Act of 1986 (16 U.S.C. 3911) is repealed.
    (d) National <<NOTE: Effective date.>> Park Passport, Golden Eagle 
Passport, Golden Age Passport, and Golden Access Passport.--Effective on 
the date the notice required by section 5(a)(3) is published in the 
Federal Register, the following provisions of law authorizing the 
establishment of a national park passport program or the

[[Page 118 STAT. 3391]]

establishment and sale of a national park passport, Golden Eagle 
Passport, Golden Age Passport, or Golden Access Passport are repealed:
            (1) Section 502 of the National Parks Omnibus Management Act 
        of 1998 (Public Law 105-391; 16 U.S.C. 5982).
            (2) Title VI of the National Parks Omnibus Management Act of 
        1998 (Public Law 105-391; 16 U.S.C. 5991-5995).

    (e) Treatment of Unobligated Funds.--
            (1) Land and water conservation fund special accounts.--
        Amounts in the special accounts established under section 
        4(i)(1) of the Land and Water Conservation Fund Act of 1965 (16 
        U.S.C. 460l-6a(i)(1)) for Federal land management agencies that 
        are unobligated on the date of the enactment of this Act shall 
        be transferred to the appropriate special account established 
        under section 7 and shall be available to the Secretary in 
        accordance with this Act. A special account established under 
        section 4(i)(1) of the Land and Water Conservation Fund Act of 
        1965 for a Federal agency that is not a Federal land management 
        area, and the use of such special account, is not affected by 
        the repeal of section 4 of the Land and Water Conservation Fund 
        Act of 1965 by subsection (a) of this section.
            (2) National parks passport.--Any funds collected under 
        title VI of the National Parks Omnibus Management Act of 1998 
        (Public Law 105-391; 16 U.S.C. 5991-5995) that are unobligated 
        on the day before the publication of the Federal Register notice 
        required under section 5(a)(3) shall be transferred to the 
        special account of the National Park Service for use in 
        accordance with this Act. The Secretary of the Interior may use 
        amounts available in that special account to pay any outstanding 
        administration, marketing, or close-out costs associated with 
        the national parks passport.
            (3) Recreational fee demonstration program.--Any funds 
        collected in accordance with section 315 of the Department of 
        the Interior and Related Agencies Appropriations Act, 1996 (as 
        contained in section 101(c) of Public Law 104-134; 16 U.S.C. 
        460l-6a), that are unobligated on the day before the date of the 
        enactment of this Act shall be transferred to the appropriate 
        special account and shall be available to the Secretary in 
        accordance with this Act.
            (4) Admission permits for refuge units.--Any funds collected 
        in accordance with section 201 of the Emergency Wetlands 
        Resources Act of 1986 (16 U.S.C. 3911) that are available as 
        provided in subsection (c)(A) of such section and are 
        unobligated on the day before the date of the enactment of this 
        Act shall be transferred to the special account of the United 
        States Fish and Wildlife Service for use in accordance with this 
        Act.

    (f) Effect of Regulations.--A regulation or policy issued under a 
provision of law repealed by this section shall remain in effect to the 
extent such a regulation or policy is consistent with the provisions of 
this Act until the Secretary issues a regulation, guideline, or policy 
under this Act that supersedes the earlier regulation.

[[Page 118 STAT. 3392]]

SEC. 814. <<NOTE: 16 USC 6813.>> RELATION TO OTHER LAWS AND FEE 
            COLLECTION AUTHORITIES.

    (a) Federal and State Laws Unaffected.--Nothing in this Act shall 
authorize Federal hunting or fishing licenses or fees or charges for 
commercial or other activities not related to recreation, affect any 
rights or authority of the States with respect to fish and wildlife, or 
repeal or modify any provision of law that permits States or political 
subdivisions of States to share in the revenues from Federal lands or, 
except as provided in subsection (b), any provision of law that provides 
that any fees or charges collected at particular Federal areas be used 
for or credited to specific purposes or special funds as authorized by 
that provision of law.
    (b) Relation to Revenue Allocation Laws.--Amounts collected under 
this Act, and the existence of a fee management agreement with a 
governmental entity under section 6(a), may not be taken into account 
for the purposes of any of the following laws:
            (1) The sixth paragraph under the heading ``Forest service'' 
        in the Act of May 23, 1908 (16 U.S.C. 500).
            (2) Section 13 of the Act of March 1, 1911 (16 U.S.C. 500; 
        commonly known as the Weeks Act).
            (3) The fourteenth paragraph under the heading ``Forest 
        service'' in the Act of March 4, 1913 (16 U.S.C. 501).
            (4) Section 33 of the Bankhead-Jones Farm Tenant Act (7 
        U.S.C. 1012).
            (5) Title II of the Act of August 8, 1937, and the Act of 
        May 24, 1939 (43 U.S.C. 1181f et seq.).
            (6) Section 6 of the Act of June 14, 1926 (43 U.S.C. 869-4).
            (7) Chapter 69 of title 31, United States Code.
            (8) Section 401 of the Act of June 15, 1935 (16 U.S.C. 715s; 
        commonly known as the Refuge Revenue Sharing Act).
            (9) The Secure Rural Schools and Community Self-
        Determination Act of 2000 (Public Law 106-393; 16 U.S.C. 500 
        note), except that the exception made for such Act by this 
        subsection is unique and is not intended to be construed as 
        precedent for amounts collected from the use of Federal lands 
        under any other provision of law.
            (10) Section 2 of the Boulder Canyon Project Adjustment Act 
        (43 U.S.C. 618a).
            (11) The Federal Water Project Recreation Act (16 U.S.C. 
        460l-12 et seq.).
            (12) The first section of the Act of June 17, 1902, as 
        amended or supplemented (43 U.S.C. 391).
            (13) The Act of February 25, 1920 (30 U.S.C. 181 et seq.; 
        commonly known as the Mineral Leasing Act).
            (14) Section 4(e) of the Southern Nevada Public Land 
        Management Act of 1998 (Public Law 105-263; 31 U.S.C. 6901 
        note).
            (15) Section 5(a) of the Lincoln County Land Act of 2000 
        (Public Law 106-298; 114 Stat. 1047).
            (16) Any other provision of law relating to revenue 
        allocation.

    (c) Consideration of Other Funds Collected.--Amounts collected under 
any other law may not be disbursed under this Act.

[[Page 118 STAT. 3393]]

    (d) Sole Recreation Fee Authority.--Recreation fees charged under 
this Act shall be in lieu of fees charged for the same purposes under 
any other provision of law.
    (e) Fees Charged by Third Parties.--Notwithstanding any other 
provision of this Act, a third party may charge a fee for providing a 
good or service to a visitor of a unit or area of the Federal land 
management agencies in accordance with any other applicable law or 
regulation.
    (f) Migratory Bird Hunting Stamp Act.--Revenues from the stamp 
established under the Act of March 16, 1934 (16 U.S.C. 718 et seq.; 
commonly known as the Migratory Bird Hunting Stamp Act or Duck Stamp 
Act), shall not be covered by this Act.

SEC. 815. <<NOTE: 16 USC 6814.>> LIMITATION ON USE OF FEES FOR EMPLOYEE 
            BONUSES.

    Notwithstanding any other provision of law, fees collected under the 
authorities of the Act may not be used for employee bonuses.

    TITLE IX--SATELLITE <<NOTE: Satellite Home Viewer Extension and 
Reauthorization Act of 2004.>> HOME VIEWER EXTENSION AND REAUTHORIZATION 
ACT OF 2004

SECTION 1. SHORT TITLES; TABLE OF CONTENTS.

    (a) Short Titles.--This <<NOTE: 17 USC 101 note.>> title may be 
cited as the ``Satellite Home Viewer Extension and Reauthorization Act 
of 2004'' or the ``W. J. (Billy) Tauzin Satellite Television Act of 
2004''.

    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short titles; table of contents.

            TITLE I--STATUTORY LICENSE FOR SATELLITE CARRIERS

Sec. 101. Extension of authority.
Sec. 102. Reporting of subscribers; significantly viewed and other 
           signals; technical amendments.
Sec. 103. Statutory license for satellite carriers outside local 
           markets.
Sec. 104. Statutory license for satellite retransmission of low power 
           television stations.
Sec. 105. Definitions.
Sec. 106. Effect on certain proceedings.
Sec. 107. Statutory license for satellite carriers retransmitting 
           superstation signals to commercial establishments.
Sec. 108. Expedited consideration of voluntary agreements to provide 
           satellite secondary transmissions to local markets.
Sec. 109. Study.
Sec. 110. Additional study.
Sec. 111. Special rules.
Sec. 112. Technical amendment.

         TITLE II--FEDERAL COMMUNICATIONS COMMISSION OPERATIONS

Sec. 201. Extension of retransmission consent exemption.
Sec. 202. Cable/satellite comparability.
Sec. 203. Carriage of local stations on a single dish.
Sec. 204. Replacement of distant signals with local signals.
Sec. 205. Additional notices to subscribers, networks, and stations 
           concerning signal carriage.
Sec. 206. Privacy rights of satellite subscribers.
Sec. 207. Reciprocal bargaining obligations.
Sec. 208. Study of impact on cable television service.
Sec. 209. Reduction of required tests.
Sec. 210. Satellite carriage of television stations in noncontiguous 
           States.
Sec. 211. Carriage of television signals to certain subscribers.
Sec. 212. Digital transition savings provision.
Sec. 213. Authorizing broadcast service in unserved areas of Alaska.

[[Page 118 STAT. 3394]]

            TITLE I--STATUTORY LICENSE FOR SATELLITE CARRIERS

SEC. 101. EXTENSION OF AUTHORITY.

    (a) In General.--Section 4(a) of the Satellite Home Viewer Act of 
1994 (17 U.S.C. 119 note; Public Law 103-369; 108 Stat. 3481) is amended 
by striking ``December 31, 2004'' and inserting ``December 31, 2009''.
    (b) Extension for Certain Subscribers.--Section 119(e) of title 17, 
United States Code, is amended by striking ``December 31, 2004'' and 
inserting ``December 31, 2009''.

SEC. 102. REPORTING OF SUBSCRIBERS; SIGNIFICANTLY VIEWED AND OTHER 
            SIGNALS; TECHNICAL AMENDMENTS.

    Section 119(a) of title 17, United States Code, is amended--
            (1) in paragraph (1)--
                    (A) in the paragraph heading, by striking ``and pbs 
                satellite feed'';
                    (B) in the first sentence, by striking ``(3), (4), 
                and (6)'' and inserting ``(5), (6), and (8)'';
                    (C) in the first sentence, by striking ``or by the 
                Public Broadcasting Service satellite feed''; and
                    (D) by striking the second sentence;
            (2) in paragraph (2)--
                    (A) in subparagraph (A), by striking ``(3), (4), 
                (5), and (6)'' and inserting ``(5), (6), (7), and (8)''; 
                and
                    (B) by striking subparagraph (C) and inserting the 
                following:
                    ``(C) Exceptions.--
                          ``(i) States <<NOTE: Applicability.>> with 
                      single full-power network station.--In a State in 
                      which there is licensed by the Federal 
                      Communications Commission a single full-power 
                      station that was a network station on January 1, 
                      1995, the statutory license provided for in 
                      subparagraph (A) shall apply to the secondary 
                      transmission by a satellite carrier of the primary 
                      transmission of that station to any subscriber in 
                      a community that is located within that State and 
                      that is not within the first 50 television markets 
                      as listed in the regulations of the Commission as 
                      in effect on such date (47 CFR 76.51).
                          ``(ii) States <<NOTE: Applicability.>> with 
                      all network stations and superstations in same 
                      local market.--In a State in which all network 
                      stations and superstations licensed by the Federal 
                      Communications Commission within that State as of 
                      January 1, 1995, are assigned to the same local 
                      market and that local market does not encompass 
                      all counties of that State, the statutory license 
                      provided under subparagraph (A) shall apply to the 
                      secondary transmission by a satellite carrier of 
                      the primary transmissions of such station to all 
                      subscribers in the State who reside in a local 
                      market that is within the first 50 major 
                      television markets as listed in the regulations of 
                      the Commission as in effect on such date (section 
                      76.51 of title 47 of the Code of Federal 
                      Regulations).

[[Page 118 STAT. 3395]]

                          ``(iii) Additional stations.--In the case of 
                      that State in which are located 4 counties that--
                                    ``(I) on January 1, 2004, were in 
                                local markets principally comprised of 
                                counties in another State, and
                                    ``(II) had a combined total of 
                                41,340 television households, according 
                                to the U.S. Television Household 
                                Estimates by Nielsen Media Research for 
                                2004,
                      the statutory license provided under subparagraph 
                      (A) shall apply to secondary transmissions by a 
                      satellite carrier to subscribers in any such 
                      county of the primary transmissions of any network 
                      station located in that State, if the satellite 
                      carrier was making such secondary transmissions to 
                      any subscribers in that county on January 1, 2004.
                          ``(iv) 
                      Certain <<NOTE: Applicability.>> additional 
                      stations.--If 2 adjacent counties in a single 
                      State are in a local market comprised principally 
                      of counties located in another State, the 
                      statutory license provided for in subparagraph (A) 
                      shall apply to the secondary transmission by a 
                      satellite carrier to subscribers in those 2 
                      counties of the primary transmissions of any 
                      network station located in the capital of the 
                      State in which such 2 counties are located, if--
                                    ``(I) the 2 counties are located in 
                                a local market that is in the top 100 
                                markets for the year 2003 according to 
                                Nielsen Media Research; and
                                    ``(II) the total number of 
                                television households in the 2 counties 
                                combined did not exceed 10,000 for the 
                                year 2003 according to Nielsen Media 
                                Research.
                          ``(v) Applicability of royalty rates.--The 
                      royalty rates under subsection (b)(1)(B) apply to 
                      the secondary transmissions to which the statutory 
                      license under subparagraph (A) applies under 
                      clauses (i), (ii), (iii), and (iv).
                    ``(D) Submission of subscriber lists to networks.--
                          ``(i) Initial lists.--
                      A <<NOTE: Deadline.>> satellite carrier that makes 
                      secondary transmissions of a primary transmission 
                      made by a network station pursuant to subparagraph 
                      (A) shall, 90 days after commencing such secondary 
                      transmissions, submit to the network that owns or 
                      is affiliated with the network station--
                                    ``(I) a list identifying (by name 
                                and address, including street or rural 
                                route number, city, State, and zip code) 
                                all subscribers to which the satellite 
                                carrier makes secondary transmissions of 
                                that primary transmission to subscribers 
                                in unserved households; and
                                    ``(II) a separate list, aggregated 
                                by designated market area (as defined in 
                                section 122(j)) (by name and address, 
                                including street or rural route number, 
                                city, State, and zip code), which shall 
                                indicate those subscribers being served 
                                pursuant to paragraph (3), relating to 
                                significantly viewed stations.

[[Page 118 STAT. 3396]]

                          ``(ii) Monthly lists.--After the submission of 
                      the initial lists under clause (i), on the 15th of 
                      each month, the satellite carrier shall submit to 
                      the network--
                                    ``(I) a list identifying (by name 
                                and address, including street or rural 
                                route number, city, State, and zip code) 
                                any persons who have been added or 
                                dropped as subscribers under clause 
                                (i)(I) since the last submission under 
                                clause (i); and
                                    ``(II) a separate list, aggregated 
                                by designated market area (by name and 
                                street address, including street or 
                                rural route number, city, State, and zip 
                                code), identifying those subscribers 
                                whose service pursuant to paragraph (3), 
                                relating to significantly viewed 
                                stations, has been added or dropped.
                          ``(iii) Use of subscriber information.--
                      Subscriber information submitted by a satellite 
                      carrier under this subparagraph may be used only 
                      for purposes of monitoring compliance by the 
                      satellite carrier with this subsection.
                          ``(iv) Applicability.--The submission 
                      requirements of this subparagraph shall apply to a 
                      satellite carrier only if the network to which the 
                      submissions are to be made places on file with the 
                      Register of Copyrights a document identifying the 
                      name and address of the person to whom such 
                      submissions are to be made. <<NOTE: Public 
                      information. Records.>> The Register shall 
                      maintain for public inspection a file of all such 
                      documents.'';
            (3) by striking paragraph (8);
            (4) by redesignating paragraphs (9) through (12) as 
        paragraphs (10) through (13), respectively;
            (5) by redesignating paragraphs (3) through (7) as 
        paragraphs (5) through (9), respectively;
            (6) by inserting after paragraph (2) the following:
            ``(3) Secondary transmissions of significantly viewed 
        signals.--
                    ``(A) In general.--
                Notwithstanding <<NOTE: Applicability.>> the provisions 
                of paragraph (2)(B), and subject to subparagraph (B) of 
                this paragraph, the statutory license provided for in 
                paragraphs (1) and (2) shall apply to the secondary 
                transmission of the primary transmission of a network 
                station or a superstation to a subscriber who resides 
                outside the station's local market (as defined in 
                section 122(j)) but within a community in which the 
                signal has been determined by the Federal Communications 
                Commission, to be significantly viewed in such 
                community, pursuant to the rules, regulations, and 
                authorizations of the Federal Communications Commission 
                in effect on April 15, 1976, applicable to determining 
                with respect to a cable system whether signals are 
                significantly viewed in a community.
                    ``(B) Limitation.--Subparagraph 
                (A) <<NOTE: Applicability.>> shall apply only to 
                secondary transmissions of the primary transmissions of 
                network stations and superstations to subscribers who 
                receive secondary transmissions from a satellite carrier 
                pursuant to the statutory license under section 122.
                    ``(C) Waiver.--

[[Page 118 STAT. 3397]]

                          ``(i) In general.--
                      A <<NOTE: Deadlines.>> subscriber who is denied 
                      the secondary transmission of the primary 
                      transmission of a network station under 
                      subparagraph (B) may request a waiver from such 
                      denial by submitting a request, through the 
                      subscriber's satellite carrier, to the network 
                      station in the local market affiliated with the 
                      same network where the subscriber is located. The 
                      network station shall accept or reject the 
                      subscriber's request for a waiver within 30 days 
                      after receipt of the request. If the network 
                      station fails to accept or reject the subscriber's 
                      request for a waiver within that 30-day period, 
                      that network station shall be deemed to agree to 
                      the waiver request. Unless specifically stated by 
                      the network station, a waiver that was granted 
                      before the date of the enactment of the Satellite 
                      Home Viewer Extension and Reauthorization Act of 
                      2004 under section 339(c)(2) of the Communications 
                      Act of 1934 shall not constitute a waiver for 
                      purposes of this subparagraph.
                          ``(ii) Sunset.--The authority under clause (i) 
                      to grant waivers shall terminate on December 31, 
                      2008, and any such waiver in effect shall 
                      terminate on that date.'';
            (7) in paragraph (2)(B)(i), by adding at the end the 
        following new sentence: ``The limitation in this clause shall 
        not apply to secondary transmissions under paragraph (3).''.

SEC. 103. STATUTORY LICENSE FOR SATELLITE CARRIERS OUTSIDE LOCAL 
            MARKETS.

    Section 119 of title 17, United States Code, is amended as follows:
            (1) Subsection (a) is amended by inserting after paragraph 
        (3), as added by section 102 of this Act, the following:
            ``(4) Statutory license where retransmissions into local 
        market available.--
                    ``(A) Rules for subscribers to analog signals under 
                subsection (e).--
                          ``(i) For those receiving distant analog 
                      signals.--In the case of a subscriber of a 
                      satellite carrier who is eligible to receive the 
                      secondary transmission of the primary analog 
                      transmission of a network station solely by reason 
                      of subsection (e) (in this subparagraph referred 
                      to as a `distant analog signal'), and who, as of 
                      October 1, 2004, is receiving the distant analog 
                      signal of that network station, the following 
                      shall apply:
                                    ``(I) <<NOTE: Applicability.>> In a 
                                case in which the satellite carrier 
                                makes available to the subscriber the 
                                secondary transmission of the primary 
                                analog transmission of a local network 
                                station affiliated with the same 
                                television network pursuant to the 
                                statutory license under section 122, the 
                                statutory license under paragraph (2) 
                                shall apply only to secondary 
                                transmissions by that satellite carrier 
                                to that subscriber of the distant analog 
                                signal of a station affiliated with the 
                                same television network--

[[Page 118 STAT. 3398]]

                                            
                                        ``(aa) <<NOTE: Deadline.>> if, 
                                        within 60 days after receiving 
                                        the notice of the satellite 
                                        carrier under section 338(h)(1) 
                                        of the Communications Act of 
                                        1934, the subscriber elects to 
                                        retain the distant analog 
                                        signal; but
                                            ``(bb) only until such time 
                                        as the subscriber elects to 
                                        receive such local analog 
                                        signal.
                                    
                                ``(II) <<NOTE: Deadline.>> Notwithstandin
                                g subclause (I), the statutory license 
                                under paragraph (2) shall not apply with 
                                respect to any subscriber who is 
                                eligible to receive the distant analog 
                                signal of a television network station 
                                solely by reason of subsection (e), 
                                unless the satellite carrier, within 60 
                                days after the date of the enactment of 
                                the Satellite Home Viewer Extension and 
                                Reauthorization Act of 2004, submits to 
                                that television network a list, 
                                aggregated by designated market area (as 
                                defined in section 122(j)(2)(C)), that--
                                            ``(aa) identifies that 
                                        subscriber by name and address 
                                        (street or rural route number, 
                                        city, State, and zip code) and 
                                        specifies the distant analog 
                                        signals received by the 
                                        subscriber; and
                                            ``(bb) states, to the best 
                                        of the satellite carrier's 
                                        knowledge and belief, after 
                                        having made diligent and good 
                                        faith inquiries, that the 
                                        subscriber is eligible under 
                                        subsection (e) to receive the 
                                        distant analog signals.
                          ``(ii) For those not receiving distant analog 
                      signals.--In the case of any subscriber of a 
                      satellite carrier who is eligible to receive the 
                      distant analog signal of a network station solely 
                      by reason of subsection (e) and who did not 
                      receive a distant analog signal of a station 
                      affiliated with the same network on October 1, 
                      2004, the statutory license under paragraph (2) 
                      shall not apply to secondary transmissions by that 
                      satellite carrier to that subscriber of the 
                      distant analog signal of a station affiliated with 
                      the same network.
                    ``(B) Rules for <<NOTE: Applicability.>> other 
                subscribers.--In the case of a subscriber of a satellite 
                carrier who is eligible to receive the secondary 
                transmission of the primary analog transmission of a 
                network station under the statutory license under 
                paragraph (2) (in this subparagraph referred to as a 
                `distant analog signal'), other than subscribers to whom 
                subparagraph (A) applies, the following shall apply:
                          ``(i) <<NOTE: Deadline.>> In a case in which 
                      the satellite carrier makes available to that 
                      subscriber, on January 1, 2005, the secondary 
                      transmission of the primary analog transmission of 
                      a local network station affiliated with the same 
                      television network pursuant to the statutory 
                      license under section 122, the statutory license 
                      under paragraph (2) shall apply only to secondary 
                      transmissions by that satellite carrier to that 
                      subscriber of the distant analog signal of a 
                      station affiliated with the same television 
                      network if the subscriber's satellite

[[Page 118 STAT. 3399]]

                      carrier, not later than March 1, 2005, submits to 
                      that television network a list, aggregated by 
                      designated market area (as defined in section 
                      122(j)(2)(C)), that identifies that subscriber by 
                      name and address (street or rural route number, 
                      city, State, and zip code) and specifies the 
                      distant analog signals received by the subscriber.
                          ``(ii) In a case in which the satellite 
                      carrier does not make available to that 
                      subscriber, on January 1, 2005, the secondary 
                      transmission of the primary analog transmission of 
                      a local network station affiliated with the same 
                      television network pursuant to the statutory 
                      license under section 122, the statutory license 
                      under paragraph (2) shall apply only to secondary 
                      transmissions by that satellite carrier of the 
                      distant analog signal of a station affiliated with 
                      the same network to that subscriber if--
                                    ``(I) that subscriber seeks to 
                                subscribe to such distant analog signal 
                                before the date on which such carrier 
                                commences to provide pursuant to the 
                                statutory license under section 122 the 
                                secondary transmissions of the primary 
                                analog transmission of stations from the 
                                local market of such local network 
                                station; and
                                    ``(II) <<NOTE: Deadline.>> the 
                                satellite carrier, within 60 days after 
                                such date, submits to each television 
                                network a list that identifies each 
                                subscriber in that local market provided 
                                such an analog signal by name and 
                                address (street or rural route number, 
                                city, State, and zip code) and specifies 
                                the distant analog signals received by 
                                the subscriber.
                    ``(C) Future applicability.--The statutory license 
                under paragraph (2) shall not apply to the secondary 
                transmission by a satellite carrier of a primary analog 
                transmission of a network station to a person who--
                          ``(i) is not a subscriber lawfully receiving 
                      such secondary transmission as of the date of the 
                      enactment of the Satellite Home Viewer Extension 
                      and Reauthorization Act of 2004; and
                          ``(ii) at the time such person seeks to 
                      subscribe to receive such secondary transmission, 
                      resides in a local market where the satellite 
                      carrier makes available to that person the 
                      secondary transmission of the primary analog 
                      transmission of a local network station affiliated 
                      with the same television network pursuant to the 
                      statutory license under section 122, and such 
                      secondary transmission of such primary 
                      transmission can reach such person.
                    ``(D) Special <<NOTE: Applicability.>> rules for 
                distant digital signals.--The statutory license under 
                paragraph (2) shall apply to secondary transmissions by 
                a satellite carrier to a subscriber of primary digital 
                transmissions of network stations if such secondary 
                transmissions to such subscriber are permitted under 
                section 339(a)(2)(D) of the Communications Act of 1934, 
                as in effect on the day after the date of the enactment 
                of the Satellite Home Viewer Extension and 
                Reauthorization Act of 2004, except that the reference

[[Page 118 STAT. 3400]]

                to section 73.683(a) of title 47, Code of Federal 
                Regulations, referred to in section 339(a)(2)(D)(i)(I) 
                shall refer to such section as in effect on the date of 
                the enactment of the Satellite Home Viewer Extension and 
                Reauthorization Act of 2004.
                    ``(E) Other provisions not affected.--This paragraph 
                shall not affect the applicability of the statutory 
                license to secondary transmissions under paragraph (3) 
                or to unserved households included under paragraph (12).
                    ``(F) Waiver.--A subscriber who is denied the 
                secondary transmission of a network station under 
                subparagraph (C) or (D) may request a waiver from such 
                denial by submitting a request, through the subscriber's 
                satellite carrier, to the network station in the local 
                market affiliated with the same network where the 
                subscriber is located. The 
                network <<NOTE: Deadline.>> station shall accept or 
                reject the subscriber's request for a waiver within 30 
                days after receipt of the request. If the network 
                station fails to accept or reject the subscriber's 
                request for a waiver within that 30-day period, that 
                network station shall be deemed to agree to the waiver 
                request. Unless specifically stated by the network 
                station, a waiver that was granted before the date of 
                the enactment of the Satellite Home Viewer Extension and 
                Reauthorization Act of 2004 under section 339(c)(2) of 
                the Communications Act of 1934 shall not constitute a 
                waiver for purposes of this subparagraph.
                    ``(G) Available defined.--For purposes of this 
                paragraph, a satellite carrier makes available a 
                secondary transmission of the primary transmission of a 
                local station to a subscriber or person if the satellite 
                carrier offers that secondary transmission to other 
                subscribers who reside in the same zip code as that 
                subscriber or person.''.
            (2) Subsection (a) is amended by adding at the end the 
        following:
            ``(14) Waivers.--A subscriber who is denied the secondary 
        transmission of a signal of a network station under subsection 
        (a)(2)(B) may request a waiver from such denial by submitting a 
        request, through the subscriber's satellite carrier, to the 
        network station asserting that the secondary transmission is 
        prohibited. <<NOTE: Deadline.>> The network station shall accept 
        or reject a subscriber's request for a waiver within 30 days 
        after receipt of the request. If a television network station 
        fails to accept or reject a subscriber's request for a waiver 
        within the 30-day period after receipt of the request, that 
        station shall be deemed to agree to the waiver request and have 
        filed such written waiver. Unless specifically stated by the 
        network station, a waiver that was granted before the date of 
        the enactment of the Satellite Home Viewer Extension and 
        Reauthorization Act of 2004 under section 339(c)(2) of the 
        Communications Act of 1934, and that was in effect on such date 
        of enactment, shall constitute a waiver for purposes of this 
        paragraph.''.
            (3) Subsection (b)(1) is amended by striking subparagraph 
        (B) and inserting the following:
                    ``(B) a royalty fee for that 6-month period, 
                computed by multiplying the total number of subscribers 
                receiving

[[Page 118 STAT. 3401]]

                each secondary transmission of each superstation or 
                network station during each calendar month by the 
                appropriate rate in effect under this section.''.
            (4) Subsection (b)(1) is further amended by adding at the 
        end the following flush sentence: ``Notwithstanding the 
        provisions of subparagraph (B), a satellite carrier whose 
        secondary transmissions are subject to statutory licensing under 
        paragraph (1) or (2) of subsection (a) shall have no royalty 
        obligation for secondary transmissions to a subscriber under 
        paragraph (3) of such subsection.''.
            (5) Subsection (c) is amended to read as follows:

    ``(c) Adjustment of Royalty Fees.--
            ``(1) Applicability and determination of royalty fees for 
        analog signals.--
                    ``(A) Initial fee.--The appropriate fee for purposes 
                of determining the royalty fee under subsection 
                (b)(1)(B) for the secondary transmission of the primary 
                analog transmissions of network stations and 
                superstations shall be the appropriate fee set forth in 
                part 258 of title 37, Code of Federal Regulations, as in 
                effect on July 1, 2004, as modified under this 
                paragraph.
                    ``(B) Fee set <<NOTE: Deadline. Federal 
                Register, publication.>> by voluntary negotiation.--On 
                or before January 2, 2005, the Librarian of Congress 
                shall cause to be published in the Federal Register of 
                the initiation of voluntary negotiation proceedings for 
                the purpose of determining the royalty fee to be paid by 
                satellite carriers for the secondary transmission of the 
                primary analog transmission of network stations and 
                superstations under subsection (b)(1)(B).
                    ``(C) Negotiations.--Satellite carriers, 
                distributors, and copyright owners entitled to royalty 
                fees under this section shall negotiate in good faith in 
                an effort to reach a voluntary agreement or agreements 
                for the payment of royalty fees. Any such satellite 
                carriers, distributors and copyright owners may at any 
                time negotiate and agree to the royalty fee, and may 
                designate common agents to negotiate, agree to, or pay 
                such fees. If the parties fail to identify common 
                agents, the Librarian of Congress shall do so, after 
                requesting recommendations from the parties to the 
                negotiation proceeding. The parties to each negotiation 
                proceeding shall bear the cost thereof.
                    ``(D) Agreements binding on parties; filing of 
                agreements; public notice.--(i) Voluntary agreements 
                negotiated at any time in accordance with this paragraph 
                shall be binding upon all satellite carriers, 
                distributors, and copyright owners that 
                a <<NOTE: Regulations. Deadline.>> parties thereto. 
                Copies of such agreements shall be filed with the 
                Copyright Office within 30 days after execution in 
                accordance with regulations that the Register of 
                Copyrights shall prescribe.
                    ``(ii)(I) <<NOTE: Federal 
                Register, publication. Deadline.>> Within 10 days after 
                publication in the Federal Register of a notice of the 
                initiation of voluntary negotiation proceedings, parties 
                who have reached a voluntary agreement may request that 
                the royalty fees in that agreement be applied to all 
                satellite carriers, distributors, and copyright owners 
                without convening an arbitration proceeding pursuant to 
                subparagraph (E).

[[Page 118 STAT. 3402]]

                    ``(II) Upon receiving a request under subclause (I), 
                the Librarian of Congress shall immediately provide 
                public notice of the royalty fees from the voluntary 
                agreement and afford parties an opportunity to state 
                that they object to those fees.
                    ``(III) The Librarian shall adopt the royalty fees 
                from the voluntary agreement for all satellite carriers, 
                distributors, and copyright owners without convening an 
                arbitration proceeding unless a party with an intent to 
                participate in the arbitration proceeding and a 
                significant interest in the outcome of that proceeding 
                objects under subclause (II).
                    ``(E) Period agreement is in effect.--The obligation 
                to pay the royalty fees established under a voluntary 
                agreement which has been filed with the Copyright Office 
                in accordance with this paragraph shall become effective 
                on the date specified in the agreement, and shall remain 
                in effect until December 31, 2009, or in accordance with 
                the terms of the agreement, whichever is later.
                    ``(F) Fee set by compulsory arbitration.--
                          ``(i) Notice of <<NOTE: Federal 
                      Register, publication. Deadline.>> initiation of 
                      proceedings.--On or before May 1, 2005, the 
                      Librarian of Congress shall cause notice to be 
                      published in the Federal Register of the 
                      initiation of arbitration proceedings for the 
                      purpose of determining the royalty fee to be paid 
                      for the secondary transmission of primary analog 
                      transmission of network stations and superstations 
                      under subsection (b)(1)(B) by satellite carriers 
                      and distributors
                                    ``(I) in the absence of a voluntary 
                                agreement filed in accordance with 
                                subparagraph (D) that establishes 
                                royalty fees to be paid by all satellite 
                                carriers and distributors; or
                                    ``(II) if an objection to the fees 
                                from a voluntary agreement submitted for 
                                adoption by the Librarian of Congress to 
                                apply to all satellite carriers, 
                                distributors, and copyright owners is 
                                received under subparagraph (D) from a 
                                party with an intent to participate in 
                                the arbitration proceeding and a 
                                significant interest in the outcome of 
                                that proceeding.
                      Such arbitrary proceeding shall be conducted under 
                      chapter 8 as in effect on the day before the date 
                      of the enactment of the Copyright Royalty and 
                      Distribution Act of 2004.
                          ``(ii) Establishment of royalty fees.--In 
                      determining royalty fees under this subparagraph, 
                      the copyright arbitration royalty panel appointed 
                      under chapter 8, as in effect on the day before 
                      the date of the enactment of the Copyright Royalty 
                      and Distribution Act of 2004 shall establish fees 
                      for the secondary transmissions of the primary 
                      analog transmission of network stations and 
                      superstations that most clearly represent the fair 
                      market value of secondary transmissions, except 
                      that the Librarian of Congress and any copyright 
                      arbitration royalty panel shall adjust those fees 
                      to account for the obligations of the parties 
                      under

[[Page 118 STAT. 3403]]

                      any applicable voluntary agreement filed with the 
                      Copyright Office pursuant to subparagraph (D). In 
                      determining the fair market value, the panel shall 
                      base its decision on economic, competitive, and 
                      programming information presented by the parties, 
                      including--
                                    ``(I) the competitive environment in 
                                which such programming is distributed, 
                                the cost of similar signals in similar 
                                private and compulsory license 
                                marketplaces, and any special features 
                                and conditions of the retransmission 
                                marketplace;
                                    ``(II) the economic impact of such 
                                fees on copyright owners and satellite 
                                carriers; and
                                    ``(III) the impact on the continued 
                                availability of secondary transmissions 
                                to the public.
                          ``(iii) Period during which decision of 
                      arbitration panel or order of librarian 
                      effective.--The obligation to pay the royalty fee 
                      established under a determination which--
                                    ``(I) is made by a copyright 
                                arbitration royalty panel in an 
                                arbitration proceeding under this 
                                paragraph and is adopted by the 
                                Librarian of Congress under section 
                                802(f), as in effect on the day before 
                                the date of the enactment of the 
                                Copyright Royalty and Distribution Act 
                                of 2004; or
                                    ``(II) is established by the 
                                Librarian under section 802(f) as in 
                                effect on the day before such date of 
                                enactment shall be effective as of 
                                January 1, 2005.
                          ``(iv) Persons subject to royalty fee.--The 
                      royalty fee referred to in (iii) shall be binding 
                      on all satellite carriers, distributors and 
                      copyright owners, who are not party to a voluntary 
                      agreement filed with the Copyright Office under 
                      subparagraph (D).
            ``(2) Applicability and determination of royalty fees for 
        digital signals.--The process and requirements for establishing 
        the royalty fee payable under subsection (b)(1)(B) for the 
        secondary transmission of the primary digital transmissions of 
        network stations and superstations shall be the same as that set 
        forth in paragraph (1) for the secondary transmission of the 
        primary analog transmission of network stations and 
        superstations, except that--
                    ``(A) the initial fee under paragraph (1)(A) shall 
                be the rates set forth in section 298.3(b)(1) and (2) of 
                title 37, Code of Federal Regulations, as in effect on 
                the date of the enactment of the Satellite Home Viewer 
                Extension and Reauthorization Act of 2004, reduced by 
                22.5 percent;
                    ``(B) <<NOTE: Notice. Deadline.>> the notice of 
                initiation of arbitration proceedings required in 
                paragraph (1)(F)(i) shall be published on or before 
                December 31, 2005; and
                    ``(C) the royalty fees that are established for the 
                secondary transmission of the primary digital 
                transmission of network stations and superstations in 
                accordance with to the procedures set forth in paragraph 
                (1)(F)(iii) and are payable under subsection (b)(1)(B)--
                          ``(i) shall be reduced by 22.5 percent; and

[[Page 118 STAT. 3404]]

                          ``(ii) shall be adjusted by the Librarian of 
                      Congress on January 1, 2007, and on January 1 of 
                      each year thereafter, to reflect any changes 
                      occurring during the preceding 12 months in the 
                      cost of living as determined by the most recent 
                      Consumer Price Index (for all consumers and items) 
                      published by the Secretary of Labor.''.
            (6) Subsection (a)(7), as redesignated by section 102(5) of 
        this Act, is amended--
                    (A) in subparagraph (A), by striking ``who does not 
                reside in an unserved household'' and inserting ``who is 
                not eligible to receive the transmission under this 
                section'';
                    (B) in subparagraph (B), by striking ``who do not 
                reside in unserved households'' and inserting ``who are 
                not eligible to receive the transmission under this 
                section''; and
                    (C) in subparagraph (D), by striking ``is for 
                private home viewing to an unserved household'' and 
                inserting ``is to a subscriber who is eligible to 
                receive the secondary transmission under this section''.

SEC. 104. STATUTORY LICENSE FOR SATELLITE RETRANSMISSION OF LOW POWER 
            TELEVISION STATIONS.

    (a) In General.--Section 119(a) of title 17, United States Code (as 
amended by sections 102 and 103 of this Act), is further amended by 
adding at the end the following:
            ``(15) Carriage of low power television stations.--
                    ``(A) In general.--
                Notwithstanding <<NOTE: Applicability.>> paragraph 
                (2)(B), and subject to subparagraphs (B) through (F) of 
                this paragraph, the statutory license provided for in 
                paragraphs (1) and (2) shall apply to the secondary 
                transmission of the primary transmission of a network 
                station or a superstation that is licensed as a low 
                power television station, to a subscriber who resides 
                within the same local market.
                    ``(B) Geographic limitation.--
                          ``(i) Network stations.--With respect to 
                      network stations, secondary transmissions provided 
                      for in subparagraph (A) shall be limited to 
                      secondary transmissions to subscribers who--
                                    ``(I) reside in the same local 
                                market as the station originating the 
                                signal; and
                                    ``(II) reside within 35 miles of the 
                                transmitter site of such station, except 
                                that in the case of such a station 
                                located in a standard metropolitan 
                                statistical area which has 1 of the 50 
                                largest populations of all standard 
                                metropolitan statistical areas (based on 
                                the 1980 decennial census of population 
                                taken by the Secretary of Commerce), the 
                                number of miles shall be 20.
                          ``(ii) Superstations.--With respect to 
                      superstations, secondary transmissions provided 
                      for in subparagraph (A) shall be limited to 
                      secondary transmissions to subscribers who reside 
                      in the same local market as the station 
                      originating the signal.

[[Page 118 STAT. 3405]]

                    ``(C) No applicability to repeaters and 
                translators.--Secondary transmissions provided for in 
                subparagraph (A) shall not apply to any low power 
                television station that retransmits the programs and 
                signals of another television station for more than 2 
                hours each day.
                    ``(D) Royalty fees.--Notwithstanding subsection 
                (b)(1)(B), a satellite carrier whose secondary 
                transmissions of the primary transmissions of a low 
                power television station are subject to statutory 
                licensing under this section shall have no royalty 
                obligation for secondary transmissions to a subscriber 
                who resides within 35 miles of the transmitter site of 
                such station, except that in the case of such a station 
                located in a standard metropolitan statistical area 
                which has 1 of the 50 largest populations of all 
                standard metropolitan statistical areas (based on the 
                1980 decennial census of population taken by the 
                Secretary of Commerce), the number of miles shall be 20. 
                Carriage of a superstation that is a low power 
                television station within the station's local market, 
                but outside of the 35-mile or 20-mile radius described 
                in the preceding sentence, shall be subject to royalty 
                payments under subsection (b)(1)(B).
                    ``(E) Limitation to subscribers taking local-into-
                local service.--Secondary transmissions provided for in 
                subparagraph (A) may be made only to subscribers who 
                receive secondary transmissions of primary transmissions 
                from that satellite carrier pursuant to the statutory 
                license under section 122, and only in conformity with 
                the requirements under 340(b) of the Communications Act 
                of 1934, as in effect on the date of the enactment of 
                the Satellite Home Viewer Extension and Reauthorization 
                Act of 2004.''.

SEC. 105. DEFINITIONS.

    Section 119(d) of title 17, United States Code, is amended--
            (1) in paragraph (2)(A), by striking ``a television 
        broadcast station'' and inserting ``a television station 
        licensed by the Federal Communications Commission'';
            (2) by amending paragraph (9) to read as follows:
            ``(9) Superstation.--The term `superstation' means a 
        television station, other than a network station, licensed by 
        the Federal Communications Commission, that is secondarily 
        transmitted by a satellite carrier.'';
            (3) in paragraph (10)--
                    (A) in subparagraph (B), by striking ``granted under 
                regulations established under section 339(c)(2) of the 
                Communications Act of 1934'' and inserting ``that meets 
                the standards of subsection (a)(14) whether or not the 
                waiver was granted before the date of the enactment of 
                the Satellite Home Viewer Extension and Reauthorization 
                Act of 2004''; and
                    (B) in subparagraph (D), by striking ``(a)(11)'' and 
                inserting ``(a)(12)''; and
            (4) by striking paragraphs (11) and (12) and inserting the 
        following:
            ``(11) Local market.--The term `local market' has the 
        meaning given such term under section 122(j), except that with 
        respect to a low power television station, the term `local

[[Page 118 STAT. 3406]]

        market' means the designated market area in which the station is 
        located.
            ``(12) Low power television station.--The term `low power 
        television station' means a low power television as defined 
        under section 74.701(f) of title 47, Code of Federal 
        Regulations, as in effect on June 1, 2004. For purposes of this 
        paragraph, the term `low power television station' includes a 
        low power television station that has been accorded primary 
        status as a Class A television licensee under section 73.6001(a) 
        of title 47, Code of Federal Regulations.
            ``(13) Commercial establishment.--The term `commercial 
        establishment'--
                    ``(A) means an establishment used for commercial 
                purposes, such as a bar, restaurant, private office, 
                fitness club, oil rig, retail store, bank or other 
                financial institution, supermarket, automobile or boat 
                dealership, or any other establishment with a common 
                business area; and
                    ``(B) does not include a multi-unit permanent or 
                temporary dwelling where private home viewing occurs, 
                such as a hotel, dormitory, hospital, apartment, 
                condominium, or prison.''.

SEC. 106. <<NOTE: 17 USC 119 note.>> EFFECT ON CERTAIN PROCEEDINGS.

    Nothing in this title shall modify any remedy imposed on a party 
that is required by the judgment of a court in any action that was 
brought before May 1, 2004, against that party for a violation of 
section 119 of title 17, United States Code.

SEC. 107. STATUTORY LICENSE FOR SATELLITE CARRIERS RETRANSMITTING 
            SUPERSTATION SIGNALS TO COMMERCIAL ESTABLISHMENTS.

    (a) In General.--Section 119 of title 17, United States Code, is 
amended--
            (1) in subsection (a)(1)--
                    (A) by inserting ``or for viewing in a commercial 
                establishment'' after ``for private home viewing'' each 
                place it appears; and
                    (B) by striking ``household'' and inserting 
                ``subscriber'';
            (2) in subsection (b), by striking ``for private home 
        viewing'' each place it appears;
            (3) in subsection (d)(1)--
                    (A) by striking ``for private home viewing''; and
                    (B) by inserting ``in accordance with the provisions 
                of this section'' before the period;
            (4) in subsection (d)(6), by inserting ``pursuant to this 
        section'' before the period; and
            (5) in subsection (d)(8)--
                    (A) by striking ``who'' and inserting ``or entity 
                that'';
                    (B) by striking ``for private home viewing''; and
                    (C) by inserting ``in accordance with the provisions 
                of this section'' before the period.

    (b) Conforming Amendments.--Subsections (a)(4) and (d)(1)(A) of 
section 111 of title 17, United States Code, are each amended by 
striking ``for private home viewing''.

[[Page 118 STAT. 3407]]

SEC. 108. EXPEDITED CONSIDERATION OF VOLUNTARY AGREEMENTS TO PROVIDE 
            SATELLITE SECONDARY TRANSMISSIONS TO LOCAL MARKETS.

    Section 119 of title 17, United States Code, is amended by adding at 
the end the following:
    ``(f) Expedited Consideration by Justice Department of Voluntary 
Agreements to Provide Satellite Secondary Transmissions to Local 
Markets.--
            ``(1) In general.--In a <<NOTE: Deadline.>> case in which no 
        satellite carrier makes available, to subscribers located in a 
        local market, as defined in section 122(j)(2), the secondary 
        transmission into that market of a primary transmission of one 
        or more television broadcast stations licensed by the Federal 
        Communications Commission, and two or more satellite carriers 
        request a business review letter in accordance with section 50.6 
        of title 28, Code of Federal Regulations (as in effect on July 
        7, 2004), in order to assess the legality under the antitrust 
        laws of proposed business conduct to make or carry out an 
        agreement to provide such secondary transmission into such local 
        market, the appropriate official of the Department of Justice 
        shall respond to the request no later than 90 days after the 
        date on which the request is received.
            ``(2) Definition.--For purposes of this subsection, the term 
        `antitrust laws'--
                    ``(A) has the meaning given that term in subsection 
                (a) of the first section of the Clayton Act (15 U.S.C. 
                12(a)), except that such term includes section 5 of the 
                Federal Trade Commission Act (15 U.S.C. 45) to the 
                extent such section 5 applies to unfair methods of 
                competition; and
                    ``(B) includes any State law similar to the laws 
                referred to in paragraph (1).''.

SEC. 109. <<NOTE: Deadline. Reports.>> STUDY.

    No later than June 30, 2008, the Register of Copyrights shall report 
to the Committee on the Judiciary of the House of Representatives and 
the Committee on the Judiciary of the Senate the Register's findings and 
recommendations on the operation and revision of the statutory licenses 
under sections 111, 119, and 122 of title 17, United States Code. The 
report shall include, but not be limited to, the following:
            (1) A comparison of the royalties paid by licensees under 
        such sections, including historical rates of increases in these 
        royalties, a comparison between the royalties under each such 
        section and the prices paid in the marketplace for comparable 
        programming.
            (2) An analysis of the differences in the terms and 
        conditions of the licenses under such sections, an analysis of 
        whether these differences are required or justified by 
        historical, technological, or regulatory differences that affect 
        the satellite and cable industries, and an analysis of whether 
        the cable or satellite industry is placed in a competitive 
        disadvantage due to these terms and conditions.
            (3) An analysis of whether the licenses under such sections 
        are still justified by the bases upon which they were originally 
        created.
            (4) An analysis of the correlation, if any, between the 
        royalties, or lack thereof, under such sections and the fees

[[Page 118 STAT. 3408]]

        charged to cable and satellite subscribers, addressing whether 
        cable and satellite companies have passed to subscribers any 
        savings realized as a result of the royalty structure and 
        amounts under such sections.
            (5) An analysis of issues that may arise with respect to the 
        application of the licenses under such sections to the secondary 
        transmissions of the primary transmissions of network stations 
        and superstations that originate as digital signals, including 
        issues that relate to the application of the unserved household 
        limitations under section 119 of title 17, United States Code, 
        and to the determination of royalties of cable systems and 
        satellite carriers.

SEC. 110. <<NOTE: Deadline. Reports.>> ADDITIONAL STUDY.

    No later than December 31, 2005, the Register of Copyrights shall 
report to the Committee on the Judiciary of the House of Representatives 
and the Committee on the Judiciary of the Senate the Register's findings 
and recommendations on the following:
            (1) The extent to which the unserved household limitation 
        for network stations contained in section 119 of title 17, 
        United States Code, has operated efficiently and effectively and 
        has forwarded the goal of title 17, United States Code, to 
        protect copyright owners of over-the-air television programming, 
        including what amendments, if any, are necessary to effectively 
        identify the application of the limitation to individual 
        households to receive secondary transmissions of primary digital 
        transmissions of network stations.
            (2) The extent to which secondary transmissions of primary 
        transmissions of network stations and superstations under 
        section 119 of title 17, United States Code, harm copyright 
        owners of broadcast programming throughout the United States and 
        the effect, if any, of the statutory license under section 122 
        of title 17, United States Code, in reducing such harm.

SEC. 111. SPECIAL RULES.

    (a) Restrictions on Transmission of Distant Television Stations in 
Areas of Alaska Where Local-Into-Local Service Is Available.--Section 
119(a) of title 17, United States Code, is amended by adding at the end 
thereof the following:
            ``(16) Restricted transmission of out-of-state distant 
        network signals into certain markets.--
                    ``(A) Out-of-state network affiliates.--
                Notwithstanding any other provision of this title, the 
                statutory license in this subsection and subsection (b) 
                shall not apply to any secondary transmission of the 
                primary transmission of a network station located 
                outside of the State of Alaska to any subscriber in that 
                State to whom the secondary transmission of the primary 
                transmission of a television station located in that 
                State is made available by the satellite carrier 
                pursuant to section 122.
                    ``(B) Exception.--The limitation in subparagraph (A) 
                shall not apply to the secondary transmission of the 
                primary transmission of a digital signal of a network 
                station located outside of the State of Alaska if at the 
                time that the secondary transmission is made, no 
                television station licensed to a community in the State 
                and affiliated with the same network makes primary 
                transmissions of a digital signal.''.

[[Page 118 STAT. 3409]]

    (b) Extra DMA Deemed Local.--Section 122(j)(2) of title 17, United 
States Code, is amended by adding at the end thereof the following:
                    ``(D) Certain areas outside of any designated market 
                area.--Any census area, borough, or other area in the 
                State of Alaska that is outside of a designated market 
                area, as determined by Nielsen Media Research, shall be 
                deemed to be part of one of the local markets in the 
                State of Alaska. A satellite carrier may determine which 
                local market in the State of Alaska will be deemed to be 
                the relevant local market in connection with each 
                subscriber in such census area, borough, or other 
                area.''.

SEC. 112. TECHNICAL AMENDMENT.

    Section 803(b)(1)(A)(i)(V) of title 17, United States Code, as 
amended by the Copyright Royalty and Distribution Reform Act of 2004, is 
amended by inserting before the period at the end the following: ``, 
except that in the case of proceedings under section 111 that are 
scheduled to commence in 2005, such notice may not be published.

         TITLE II--FEDERAL COMMUNICATIONS COMMISSION OPERATIONS

SEC. 201. EXTENSION OF RETRANSMISSION CONSENT EXEMPTION.

    Section 325(b)(2)(C) of the Communications Act of 1934 (47 U.S.C. 
325(b)(2)(C)) is amended by striking ``December 31, 2004'' and inserting 
``December 31, 2009''.

SEC. 202. CABLE/SATELLITE COMPARABILITY.

    (a) Amendment.--Part I of title III of the Communications Act of 
1934 is amended by inserting after section 339 (47 U.S.C. 339) the 
following new section:

``SEC. 340. <<NOTE: 47 USC 340.>> SIGNIFICANTLY VIEWED SIGNALS PERMITTED 
            TO BE CARRIED.

    ``(a) Significantly Viewed Stations.--In addition to the broadcast 
signals that subscribers may receive under section 338 and 339, a 
satellite carrier is also authorized to retransmit to a subscriber 
located in a community the signal of any station located outside the 
local market in which such subscriber is located, to the extent such 
signal--
            ``(1) has, before the date of enactment of the Satellite 
        Home Viewer Extension and Reauthorization Act of 2004, been 
        determined by the Federal Communications Commission to be a 
        signal a cable operator may carry as significantly viewed in 
        such community, except to the extent that such signal is 
        prevented from being carried by a cable system in such community 
        under the Commission's network nonduplication and syndicated 
        exclusivity rules; or
            ``(2) is, after such date of enactment, determined by the 
        Commission to be significantly viewed in such community in 
        accordance with the same standards and procedures concerning 
        shares of viewing hours and audience surveys as are applicable

[[Page 118 STAT. 3410]]

        under the rules, regulations, and authorizations of the 
        Commission to determining with respect to a cable system whether 
        signals are significantly viewed in a community.

    ``(b) Limitations.--
            ``(1) Analog service <<NOTE: Applicability.>> limited to 
        subscribers taking local-into-local service.--With respect to a 
        signal that originates as an analog signal of a network station, 
        this section shall apply only to retransmissions to subscribers 
        of a satellite carrier who receive retransmissions of a signal 
        that originates as an analog signal of a local network station 
        from that satellite carrier pursuant to section 338.
            ``(2) Digital <<NOTE: Applicability.>> service 
        limitations.--With respect to a signal that originates as a 
        digital signal of a network station, this section shall apply 
        only if--
                    ``(A) the subscriber receives from the satellite 
                carrier pursuant to section 338 the retransmission of 
                the digital signal of a network station in the 
                subscriber's local market that is affiliated with the 
                same television network; and
                    ``(B) either--
                          ``(i) the retransmission of the local network 
                      station occupies at least the equivalent bandwidth 
                      as the digital signal retransmitted pursuant to 
                      this section; or
                          ``(ii) the retransmission of the local network 
                      station is comprised of the entire bandwidth of 
                      the digital signal broadcast by such local network 
                      station.
            ``(3) Limitation not applicable where no network 
        affiliates.--The limitations in paragraphs (1) and (2) shall not 
        prohibit a retransmission under this section to a subscriber 
        located in a local market in which there are no network stations 
        affiliated with the same television network as the station whose 
        signal is being retransmitted pursuant to this section.
            ``(4) Authority to grant station-specific waivers.--
        Paragraphs (1) and (2) shall not prohibit a retransmission of a 
        network station to a subscriber if and to the extent that the 
        network station in the local market in which the subscriber is 
        located, and that is affiliated with the same television 
        network, has privately negotiated and affirmatively granted a 
        waiver from the requirements of paragraph (1) and (2) to such 
        satellite carrier with respect to retransmission of the 
        significantly viewed station to such subscriber.

    ``(c) Publication and Modifications of Lists; Regulations.--
            ``(1) In general.--The Commission shall--
                    ``(A) <<NOTE: Deadline.>> within 60 days after the 
                date of enactment of the Satellite Home Viewer Extension 
                and Reauthorization Act of 2004--
                          ``(i) publish a list of the stations that are 
                      eligible for retransmission under subsection 
                      (a)(1) and the communities in which such stations 
                      are eligible for such retransmission; and
                          ``(ii) commence a rulemaking proceeding to 
                      implement this section by publication of a notice 
                      of proposed rulemaking;
                    ``(B) adopt rules pursuant to such rulemaking within 
                1 year after such date of enactment.
            ``(2) Public availability of list.--The Commission shall 
        make readily available to the public in electronic form, on the 
        Internet website of the Commission or other comparable

[[Page 118 STAT. 3411]]

        facility, a list of the stations that are eligible for 
        retransmission under subsection (a) and the communities in which 
        such stations are eligible for 
        such <<NOTE: Deadline.>> retransmission. The Commission shall 
        update such list within 10 business days after the date on which 
        the Commission issues an order making any modification of such 
        stations and communities.
            ``(3) Modifications.--In addition to cable operators and 
        television broadcast station licensees, the Commission shall 
        permit a satellite carrier to petition for decisions and 
        orders--
                    ``(A) by which stations may be added to those that 
                are eligible for retransmission under subsection (a), 
                and by which communities may be added in which such 
                stations are eligible for such retransmission; and
                    ``(B) by which network nonduplication or syndicated 
                exclusivity regulations are applied to the 
                retransmission in accordance with subsection (e).

    ``(d) Effect on Other Obligations and Rights.--
            ``(1) No effect on carriage obligations.--Carriage of a 
        signal under this section is not mandatory, and any right of a 
        station licensee to have the signal of such station carried 
        under section 338 is not affected by the eligibility of such 
        station to be carried under this section.
            ``(2) Retransmission consent rights not affected.--The 
        eligibility of the signal of a station to be carried under this 
        section does not affect any right of the licensee of such 
        station to grant (or withhold) retransmission consent under 
        section 325(b)(1).

    ``(e) Network Nonduplication and Syndicated Exclusivity.--
            ``(1) Not applicable except as provided by commission 
        regulations.--Signals eligible to be carried under this section 
        are not subject to the Commission's regulations concerning 
        network nonduplication or syndicated exclusivity unless, 
        pursuant to regulations adopted by the Commission, the 
        Commission determines to permit network nonduplication or 
        syndicated exclusivity to apply within the appropriate zone of 
        protection.
            ``(2) Limitation.--Nothing in this subsection or Commission 
        regulations shall permit the application of network 
        nonduplication or syndicated exclusivity regulations to the 
        retransmission of distant signals of network stations that are 
        carried by a satellite carrier pursuant to a statutory license 
        under section 119(a)(2)(A) or (B) of title 17, United States 
        Code, with respect to persons who reside in unserved households, 
        under 119(a)(4)(A), or under section 119(a)(12), of such title.

    ``(f) Enforcement.--
            ``(1) Orders and damages.--Upon complaint, the Commission 
        shall issue a cease and desist order to any satellite carrier 
        found to have violated this section in carrying any television 
        broadcast station. Such order may, if a complaining station 
        requests damages--
                    ``(A) provide for the award of damages to a 
                complaining station that establishes that the violation 
                was committed in bad faith, in an amount up to $50 per 
                subscriber, per station, per day of the violation; and
                    ``(B) provide for the award of damages to a 
                prevailing satellite carrier if the Commission 
                determines that the

[[Page 118 STAT. 3412]]

                complaint was frivolous, in an amount up to $50 per 
                subscriber alleged to be in violation, per station 
                alleged, per day of the alleged violation.
            ``(2) Commission decision.--
        The <<NOTE: Deadline.>> Commission shall issue a final 
        determination resolving a complaint brought under this 
        subsection not later than 180 days after the submission of a 
        complaint under this subsection. The Commission may hear 
        witnesses if it clearly appears, based on written filings by the 
        parties, that there is a genuine dispute about material facts. 
        Except as provided in the preceding sentence, the Commission may 
        issue a final ruling based on written filings by the parties.
            ``(3) Remedies in addition.--The remedies under this 
        subsection are in addition to any remedies available under title 
        17, United States Code.
            ``(4) No effect on copyright proceedings.--Any 
        determination, action, or failure to act of the Commission under 
        this subsection shall have no effect on any proceeding under 
        title 17, United States Code, and shall not be introduced in 
        evidence in any proceeding under that title. In no instance 
        shall a Commission enforcement proceeding under this subsection 
        be required as a predicate to the pursuit of a remedy available 
        under title 17.

    ``(g) Notices Concerning Significantly Viewed Stations.--Each 
satellite carrier that proposes to commence the retransmission of a 
station pursuant to this section in any local market shall--
            ``(1) <<NOTE: Deadline.>> not less than 60 days before 
        commencing such retransmission, provide a written notice to any 
        television broadcast station in such local market of such 
        proposal; and
            ``(2) designate on such carrier's website all significantly 
        viewed signals carried pursuant to section 340 and the 
        communities in which the signals are carried.

    ``(h) Additional Corresponding Changes in Regulations.--
            ``(1) Community-by-
        community <<NOTE: Deadline.>> elections.--The Commission shall, 
        no later than October 30, 2005, revise section 76.66 of its 
        regulations (47 CFR 76.66), concerning satellite broadcast 
        signal carriage, to permit (at the next cycle of elections under 
        section 325) a television broadcast station that is located in a 
        local market into which a satellite carrier retransmits a 
        television broadcast station pursuant to section 338, to elect, 
        with respect to such satellite carrier, between retransmission 
        consent pursuant to such section 325 and mandatory carriage 
        pursuant to section 338 separately for each county within such 
        station's local market, if--
                    ``(A) the satellite carrier has notified the 
                station, pursuant to paragraph (3), that it intends to 
                carry another affiliate of the same network pursuant to 
                this section during the relevant election period in the 
                station's local market; or
                    ``(B) on the date notification under paragraph (3) 
                was due, the satellite carrier was retransmitting into 
                the station's local market pursuant to this section an 
                affiliate of the same television network.
            ``(2) Unified negotiations.--In revising its regulations as 
        required by paragraph (1), the Commission shall provide that any 
        such station shall conduct a unified negotiation for the

[[Page 118 STAT. 3413]]

        entire portion of its local market for which retransmission 
        consent is elected.
            ``(3) Additional provisions.--
        The <<NOTE: Deadline.>> Commission shall, no later than October 
        30, 2005, revise its regulations to provide the following:
                    ``(A) Notifications by satellite carrier.--A 
                satellite carrier's retransmission of television 
                broadcast stations pursuant to this section shall be 
                subject to the following limitations:
                          ``(i) In any local market in which the 
                      satellite carrier provides service pursuant to 
                      section 338 on the date of enactment of the 
                      Satellite Home Viewer Extension and 
                      Reauthorization Act of 2004, the carrier may 
                      notify a television broadcast station in that 
                      market, at least 60 days prior to any date on 
                      which the station must thereafter make an election 
                      under section 76.66 of the Commission's 
                      regulations (47 CFR 76.66), of--
                                    ``(I) each affiliate of the same 
                                television network that the carrier 
                                reserves the right to retransmit into 
                                that station's local market pursuant to 
                                this section during the next election 
                                cycle under such section of such 
                                regulations; and
                                    ``(II) for each such affiliate, the 
                                communities into which the satellite 
                                carrier reserves the right to make such 
                                retransmissions.
                          ``(ii) In any local market in which the 
                      satellite carrier commences service pursuant to 
                      section 338 after the date of enactment of the 
                      Satellite Home Viewer Extension and 
                      Reauthorization Act of 2004, the carrier may 
                      notify a station in that market, at least 60 days 
                      prior to the introduction of such service in that 
                      market, and thereafter at least 60 days prior to 
                      any date on which the station must thereafter make 
                      an election under section 76.66 of the 
                      Commission's regulations (47 CFR 76.66), of each 
                      affiliate of the same television network that the 
                      carrier reserves the right to retransmit into that 
                      station's local market during the next election 
                      cycle under such section of such regulations.
                          ``(iii) Beginning with the 2005 election 
                      cycle, a satellite carrier may only retransmit 
                      pursuant to this section during the pertinent 
                      election period a signal--
                                    ``(I) as to which it has provided 
                                the notifications set forth in clauses 
                                (i) and (ii); or
                                    ``(II) that it was retransmitting 
                                into the local market under this section 
                                as of the date such notifications were 
                                due.
                    ``(B) Harmonization of elections and retransmission 
                consent agreements.--If a satellite carrier notifies a 
                television broadcast station that it reserves the right 
                to retransmit an affiliate of the same television 
                network during the next election cycle pursuant to this 
                section, the station may choose between retransmission 
                consent and mandatory carriage for any portion of the 3-
                year election cycle that is not covered by an existing 
                retransmission consent agreement.

[[Page 118 STAT. 3414]]

    ``(i) Definitions.--As used in this section:
            ``(1) Local market; satellite carrier; subscriber; 
        television broadcast station.--The terms `local market', 
        `satellite carrier', `subscriber', and `television broadcast 
        station' have the meanings given such terms in section 338(k).
            ``(2) Network station; television network.--The terms 
        `network station' and `television network' have the meanings 
        given such terms in section 339(d).
            ``(3) Community.--The term `community' means--
                    ``(A) a county or a cable community, as determined 
                under the rules, regulations, and authorizations of the 
                Commission applicable to determining with respect to a 
                cable system whether signals are significantly viewed; 
                or
                    ``(B) a satellite community, as determined under 
                such rules, regulations, and authorizations (or 
                revisions thereof) as the Commission may prescribe in 
                implementing the requirements of this section.
            ``(4) Bandwidth.--The terms `equivalent bandwidth' and 
        `entire bandwidth' shall be defined by the Commission by 
        regulation, except that this paragraph shall not be construed--
                    ``(A) to prevent a satellite operator from using 
                compression technology;
                    ``(B) to require a satellite operator to use the 
                identical bandwidth or bit rate as the local or distant 
                broadcaster whose signal it is retransmitting;
                    ``(C) to require a satellite operator to use the 
                identical bandwidth or bit rate for a local network 
                station as it does for a distant network station;
                    ``(D) to affect a satellite operator's obligations 
                under subsection (a)(1); or
                    ``(E) to affect the definitions of `program related' 
                and `primary video'.''.

SEC. 203. CARRIAGE OF LOCAL STATIONS ON A SINGLE DISH.

    (a) Amendments.--Section 338 of the Communications Act of 1934 (47 
U.S.C. 338(d)) is amended--
            (1) by redesignating subsections (g) and (h) as subsections 
        (j) and (k), respectively; and
            (2) by inserting after subsection (f) the following new 
        subsection:

    ``(g) Carriage of Local Stations on a Single Dish.--
            ``(1) Single dish.--Each satellite carrier that retransmits 
        the analog signals of local television broadcast stations in a 
        local market shall retransmit such analog signals in such market 
        by means of a single reception antenna and associated equipment.
            ``(2) Exception.--If the carrier retransmits signals in the 
        digital television service, the carrier shall retransmit such 
        digital signals in such market by means of a single reception 
        antenna and associated equipment, but such antenna and 
        associated equipment may be separate from the single reception 
        antenna and associated equipment used for analog television 
        service signals.
            ``(3) Effective date.--The requirements of paragraphs (1) 
        and (2) of this subsection shall apply on and after 18 months 
        after the date of enactment of the Satellite Home Viewer 
        Extension and Reauthorization Act of 2004.

[[Page 118 STAT. 3415]]

            ``(4) Notice of disruptions.--A <<NOTE: Deadline.>> carrier 
        that is providing signals of a local television broadcast 
        station in a local market under this section on the date of 
        enactment of the Satellite Home Viewer Extension and 
        Reauthorization Act of 2004 shall, not later than 15 months 
        after such date of enactment, provide to the licensees for such 
        stations and the carrier's subscribers in such local market a 
        notice that displays prominently and conspicuously a clear 
        statement of--
                    ``(A) any reallocation of signals between different 
                reception antennas and associated equipment that the 
                carrier intends to make in order to comply with the 
                requirements of this subsection;
                    ``(B) the need, if any, for subscribers to obtain an 
                additional reception antenna and associated equipment to 
                receive such signals; and
                    ``(C) any cessation of carriage or other material 
                change in the carriage of signals as a consequence of 
                the requirements of this paragraph.''.

    (b) Conforming Amendments: Commission Enforcement of Section; Low 
Power Television Stations.--
            (1) Section 338(a) of such Act is amended by striking 
        paragraphs (1) and (2) and inserting the following:
            ``(1) In general.--Each satellite carrier providing, under 
        section 122 of title 17, United States Code, secondary 
        transmissions to subscribers located within the local market of 
        a television broadcast station of a primary transmission made by 
        that station shall carry upon request the signals of all 
        television broadcast stations located within that local market, 
        subject to section 325(b).
            ``(2) Remedies for failure to carry.--In addition to the 
        remedies available to television broadcast stations under 
        section 501(f) of title 17, United States Code, the Commission 
        may use the Commission's authority under this Act to assure 
        compliance with the obligations of this subsection, but in no 
        instance shall a Commission enforcement proceeding be required 
        as a predicate to the pursuit of a remedy available under such 
        section 501(f).
            ``(3) Low power station carriage optional.--No low power 
        television station whose signals are provided under section 
        119(a)(14) of title 17, United States Code, shall be entitled to 
        insist on carriage under this section, regardless of whether the 
        satellite carrier provides secondary transmissions of the 
        primary transmissions of other stations in the same local market 
        pursuant to section 122 of such title, nor shall any such 
        carriage be considered in connection with the requirements of 
        subsection (c) of this section.''.
            (2) Section 338(c)(1) of such Act is amended by striking 
        ``subsection (a)'' and inserting ``subsection (a)(1)''.
            (3) Section 338(k) of such Act (as redesignated by 
        subsection (a)(1)) is amended--
                    (A) by redesignating paragraphs (4) through (7) as 
                paragraphs (5) through (8), respectively; and
                    (B) by inserting after paragraph (3) the following 
                new paragraph:
            ``(4) Low power television station.--The term `low power 
        television station' means a low power television station as 
        defined under section 74.701(f) of title 47, Code of Federal

[[Page 118 STAT. 3416]]

        Regulations, as in effect on June 1, 2004. For purposes of this 
        paragraph, the term `low power television station' includes a 
        low power television station that has been accorded primary 
        status as a Class A television licensee under section 73.6001(a) 
        of title 47, Code of Federal Regulations.''.

SEC. 204. REPLACEMENT OF DISTANT SIGNALS WITH LOCAL SIGNALS.

    (a) Replacement.--Section 339(a) of the Communications Act of 1934 
(47 U.S.C. 339(a)) is amended--
            (1) in paragraph (1), by adding at the end the following new 
        sentence: ``Such two network stations may be comprised of both 
        the analog signal and digital signal of not more than two 
        network stations.'';
            (2) by redesignating paragraph (2) as paragraph (3);
            (3) by inserting after paragraph (1) the following new 
        paragraph:
            ``(2) Replacement of <<NOTE: Applicability.>> distant 
        signals with local signals.--Notwithstanding any other provision 
        of paragraph (1), the following rules shall apply after the date 
        of enactment of the Satellite Home Viewer Extension and 
        Reauthorization Act of 2004:
                    ``(A) Rules for grandfathered subscribers to analog 
                signals.--
                          ``(i) For those receiving distant analog 
                      signals.--In the case of a subscriber of a 
                      satellite carrier who is eligible to receive the 
                      analog signal of a network station solely by 
                      reason of section 119(e) of title 17, United 
                      States Code (in this subparagraph referred to as a 
                      `distant analog signal'), and who, as of October 
                      1, 2004, is receiving the distant analog signal of 
                      that network station, the following shall apply:
                                    ``(I) In a case in which the 
                                satellite carrier makes available to the 
                                subscriber the analog signal of a local 
                                network station affiliated with the same 
                                television network pursuant to section 
                                338, the carrier may only provide the 
                                secondary transmissions of the distant 
                                analog signal of a station affiliated 
                                with the same network to that 
                                subscriber--
                                            ``(aa) 
                                        if, <<NOTE: Deadline.>> within 
                                        60 days after receiving the 
                                        notice of the satellite carrier 
                                        under section 338(h)(1) of this 
                                        Act, the subscriber elects to 
                                        retain the distant analog 
                                        signal; but
                                            ``(bb) only until such time 
                                        as the subscriber elects to 
                                        receive such local analog 
                                        signal.
                                    
                                ``(II) <<NOTE: Deadline.>> Notwithstandin
                                g subclause (I), the carrier may not 
                                retransmit the distant analog signal to 
                                any subscriber who is eligible to 
                                receive the analog signal of a network 
                                station solely by reason of section 
                                119(e) of title 17, United States Code, 
                                unless such carrier, within 60 days 
                                after the date of the enactment of the 
                                Satellite Home Viewer Extension and 
                                Reauthorization Act of 2004, submits to 
                                that television network the list and 
                                statement required by subparagraph 
                                (F)(i).

[[Page 118 STAT. 3417]]

                          ``(ii) For those not receiving distant analog 
                      signals.--In the case of any subscriber of a 
                      satellite carrier who is eligible to receive the 
                      distant analog signal of a network station solely 
                      by reason of section 119(e) of title 17, United 
                      States Code, and who did not receive a distant 
                      analog signal of a station affiliated with the 
                      same network on October 1, 2004, the carrier may 
                      not provide the secondary transmissions of the 
                      distant analog signal of a station affiliated with 
                      the same network to that subscriber.
                    ``(B) Rules 
                for <<NOTE: Applicability. Deadlines.>> other 
                subscribers to analog signals.--In the case of a 
                subscriber of a satellite carrier who is eligible to 
                receive the analog signal of a network station under 
                this section (in this subparagraph referred to as a 
                `distant analog signal'), other than subscribers to whom 
                subparagraph (A) applies, the following shall apply:
                          ``(i) In a case in which the satellite carrier 
                      makes available to that subscriber, on January 1, 
                      2005, the analog signal of a local network station 
                      affiliated with the same television network 
                      pursuant to section 338, the carrier may only 
                      provide the secondary transmissions of the distant 
                      analog signal of a station affiliate with the same 
                      network to that subscriber if the subscriber's 
                      satellite carrier, not later than March 1, 2005, 
                      submits to that television network the list and 
                      statement required by subparagraph (F)(i).
                          ``(ii) In a case in which the satellite 
                      carrier does not make available to that 
                      subscriber, on January 1, 2005, the analog signal 
                      of a local network station pursuant to section 
                      338, the carrier may only provide the secondary 
                      transmissions of the distant analog signal of a 
                      station affiliated with the same network to that 
                      subscriber if--
                                    ``(I) that subscriber seeks to 
                                subscribe to such distant analog signal 
                                before the date on which such carrier 
                                commences to carry pursuant to section 
                                338 the analog signals of stations from 
                                the local market of such local network 
                                station; and
                                    ``(II) the satellite carrier, within 
                                60 days after such date, submits to each 
                                television network the list and 
                                statement required by subparagraph 
                                (F)(ii).
                    ``(C) Future applicability.--A satellite carrier may 
                not provide a distant analog signal (within the meaning 
                of subparagraph (A) or (B)) to a person who--
                          ``(i) is not a subscriber lawfully receiving 
                      such secondary transmission as of the date of the 
                      enactment of the Satellite Home Viewer Extension 
                      and Reauthorization Act of 2004; and
                          ``(ii) at the time such person seeks to 
                      subscribe to receive such secondary transmission, 
                      resides in a local market where the satellite 
                      carrier makes available to that person the analog 
                      signal of a local network station affiliated with 
                      the same television network pursuant to section 
                      338, and the retransmission of such signal by such 
                      carrier can reach such subscriber.
                    ``(D) Special rules for distant digital signals.--

[[Page 118 STAT. 3418]]

                          ``(i) Eligibility.--In the case of a 
                      subscriber of a satellite carrier who, with 
                      respect to a local network station--
                                    ``(I) is a subscriber whose 
                                household is located outside the 
                                coverage area of the analog signal of 
                                such station as predicted by the model 
                                specified in subsection (c)(3) of this 
                                section for the signal intensity 
                                required under section 73.683(a) of 
                                title 47 of the Code of Federal 
                                Regulations, or a successor regulation;
                                    ``(II) is in an unserved household 
                                as determined under section 119(d)(1)(A) 
                                of title 17, United States Code; or
                                    ``(III) is, after the date on which 
                                the conditions required by clause (vii) 
                                are met with respect to such station, 
                                determined under clause (vi) of this 
                                subparagraph to be unable to receive a 
                                digital signal of such local network 
                                station that exceeds the signal 
                                intensity standard specified in such 
                                clause;
                      such subscriber is eligible to receive the digital 
                      signal of a distant network station affiliated 
                      with the same network under this section (in this 
                      subparagraph referred to as a `distant digital 
                      signal') subject to the provisions of this 
                      subparagraph.
                          ``(ii) Pre-enactment distant digital signal 
                      subscribers.--Any eligible subscriber under this 
                      subparagraph who is a lawful subscriber to such a 
                      distant digital signal as of the date of enactment 
                      of the Satellite Home Viewer Extension and 
                      Reauthorization Act of 2004 may continue to 
                      receive such distant digital signal, whether or 
                      not such subscriber elects to subscribe to local 
                      digital signals.
                          ``(iii) Local-to-local analog markets.--In a 
                      case in which the satellite carrier makes 
                      available to an eligible subscriber under this 
                      subparagraph the analog signal of a local network 
                      station pursuant to section 338, the carrier may 
                      only provide the distant digital signal of a 
                      station affiliated with the same network to that 
                      subscriber if--
                                    ``(I) in the case of any local 
                                market in the 48 contiguous States of 
                                the United States, the distant digital 
                                signal is the secondary transmission of 
                                a station whose prime time network 
                                programming is generally broadcast 
                                simultaneously with, or later than, the 
                                prime time network programming of the 
                                affiliate of the same network in the 
                                local market;
                                    ``(II) in any local market, the 
                                retransmission of the distant digital 
                                signal of the distant station occupies 
                                at least the equivalent bandwidth (as 
                                such term is defined by the Commission 
                                under section 340(h)(4)) as the digital 
                                signal broadcast by such station; and
                                    ``(III) <<NOTE: Deadlines.>> the 
                                subscriber subscribes to the analog 
                                signal of such local network station 
                                within 60 days after such signal is made 
                                available by the satellite

[[Page 118 STAT. 3419]]

                                carrier, and adds to or replaces such 
                                analog signal with the digital signal 
                                from such local network station within 
                                60 days after such signal is made 
                                available by the satellite carrier, 
                                except that such distant digital signal 
                                may continue to be provided to a 
                                subscriber who cannot be reached by the 
                                satellite transmission of the local 
                                digital signal.
                          ``(iv) Local-to-local digital markets.--After 
                      the date on which a satellite carrier makes 
                      available the digital signal of a local network 
                      station, the carrier may not offer the distant 
                      digital signal of a network station affiliated 
                      with the same television network to any new 
                      subscriber to such distant digital signal after 
                      such date, except that such distant digital signal 
                      may be provided to a new subscriber who cannot be 
                      reached by the satellite transmission of the local 
                      digital signal.
                          ``(v) Non-local-to-local markets.--After the 
                      date of enactment of the Satellite Home Viewer 
                      Extension and Reauthorization Act of 2004, if the 
                      satellite carrier does not make available the 
                      digital signal of a local network station in a 
                      local market, the satellite carrier may offer a 
                      new subscriber after such date who is eligible 
                      under this subparagraph a distant digital signal 
                      from a station affiliated with the same network 
                      and, in the case of any local market in the 48 
                      contiguous States of the United States, whose 
                      prime time network programming is generally 
                      broadcast simultaneously with, or later than, the 
                      prime time network programming of the affiliate of 
                      the same network in the local market, except 
                      that--
                                    ``(I) such carrier may continue to 
                                provide such distant digital signal to 
                                such a subscriber after the date on 
                                which the carrier makes available the 
                                digital signal of a local network 
                                station affiliated with such network 
                                only if such subscriber subscribes to 
                                the digital signal from such local 
                                network station; and
                                    ``(II) the limitation contained in 
                                subclause (I) of this clause shall not 
                                apply to a subscriber that cannot be 
                                reached by the satellite transmission of 
                                the local digital signal.
                          ``(vi) Signal testing for digital signals.--
                                    ``(I) A subscriber shall be eligible 
                                for a distant digital signal under 
                                clause (i)(III) if such subscriber is 
                                determined, based on a test conducted in 
                                accordance with section 73.686(d) of 
                                title 47, Code of Federal Regulations, 
                                or any successor regulation, not to be 
                                able to receive a signal that exceeds 
                                the signal intensity standard in section 
                                73.622(e)(1) of title 47, Code of 
                                Federal Regulations, as in effect on the 
                                date of enactment of the Satellite Home 
                                Viewer Extension and Reauthorization Act 
                                of 2004.
                                    ``(II) <<NOTE: Deadline.>> Such test 
                                shall be conducted, upon written request 
                                for a digital signal strength test by 
                                the subscriber to the satellite carrier, 
                                within 30 days after the date the 
                                subscriber submits such

[[Page 118 STAT. 3420]]

                                request for the test. Such test shall be 
                                conducted by a qualified and independent 
                                person selected by the satellite carrier 
                                and the network station or stations, or 
                                who has been previously approved by the 
                                satellite carrier and by each affected 
                                network station but not previously 
                                disapproved. A tester may not be so 
                                disapproved for a test after the tester 
                                has commenced such test.
                                    ``(III) Unless the satellite carrier 
                                and the network station or stations 
                                otherwise agree, the costs of conducting 
                                the test shall be borne as follows:
                                            ``(aa) If the subscriber is 
                                        not eligible for a distant 
                                        digital signal under clause 
                                        (i)(I) of this subparagraph (by 
                                        reason of being outside of the 
                                        coverage area of the analog 
                                        signal), the satellite carrier 
                                        may request the station licensee 
                                        for a waiver.
                                            ``(bb) If the licensee 
                                        agrees to a waiver, or fails to 
                                        respond to a waiver request 
                                        within 30 days, the subscriber 
                                        may receive such distant digital 
                                        signal.
                                            ``(cc) If the licensee 
                                        refuses to grant a waiver, the 
                                        subscriber may request the 
                                        satellite carrier to conduct the 
                                        test.
                                            ``(dd) If the satellite 
                                        carrier requests the test and--

                                              
                                              
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                                        ``(ee) <<NOTE: Deadline.>> If 
                                        the satellite carrier does not 
                                        request the test, or fails to 
                                        respond within 30 days, the 
                                        subscriber may request the test 
                                        be conducted under the 
                                        supervision of the carrier, and 
                                        the costs of the test shall be 
                                        borne by the subscriber in 
                                        accordance with regulations 
                                        prescribed by the Commission. 
                                        Such regulations shall also 
                                        require the carrier to notify 
                                        the subscriber of the typical 
                                        costs of such test.
                          ``(vii) Trigger events for use of testing.--A 
                      subscriber shall not be eligible for a distant 
                      digital signal under clause (i)(III) pursuant to a 
                      test conducted under clause (vii) until--
                                    ``(I) in the case of a subscriber 
                                whose household is located within the 
                                area predicted to be served (by the 
                                predictive model for analog signals 
                                under subsection (b)(3) of this section) 
                                by the signal of a local network station 
                                and who is seeking a distant digital 
                                signal of a station affiliated with the 
                                same network as that local network 
                                station--

[[Page 118 STAT. 3421]]

                                            ``(aa) April 30, 2006, if 
                                        such local network station is 
                                        within the top 100 television 
                                        markets and--

                                              
                                              
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                                            ``(bb) July 15, 2007, for 
                                        any other local network 
                                        stations, other than translator 
                                        stations licensed to broadcast 
                                        on the date of enactment of the 
                                        Satellite Home Viewer Extension 
                                        and Reauthorization Act of 2004; 
                                        or
                                    ``(II) in the case of a translator 
                                station, 1 year after the date on which 
                                the Commission completes all actions 
                                necessary for the allocation and 
                                assignment of digital television 
                                licenses to television translator 
                                stations.
                          ``(viii) Testing waivers.--Upon request by a 
                      local network station, the Commission may grant a 
                      waiver with respect to such station to the 
                      beginning of testing under clause (vii), and 
                      prohibit subscribers from receiving digital signal 
                      strength testing with respect to such 
                      station. <<NOTE: Deadline.>> Such a request shall 
                      be filed not less than 5 months prior to the 
                      implementation deadline specified in such clause, 
                      and the Commission shall act on such request by 
                      such implementation deadline. Such 
                      a <<NOTE: Expiration date.>> waiver shall expire 
                      at the end of not more than 6 months, except that 
                      a waiver may be renewed upon a proper showing. The 
                      Commission may only grant such a request upon 
                      submission of clear and convincing evidence that 
                      the station's digital signal coverage is limited 
                      due to the unremediable presence of one or more of 
                      the following:
                                    ``(I) the need for international 
                                coordination or approvals;
                                    ``(II) clear zoning or environmental 
                                legal impediments;
                                    ``(III) force majeure;
                                    ``(IV) the station experiences a 
                                substantial decrease in its digital 
                                signal coverage area due to necessity of 
                                using side-mounted antenna;
                                    ``(V) substantial technical problems 
                                that result in a station experiencing a 
                                substantial decrease in its coverage 
                                area solely due to actions to avoid 
                                interference with emergency response 
                                providers; or
                                    ``(VI) no satellite carrier is 
                                providing the retransmission of the 
                                analog signals of local network stations 
                                under section 338 in the local market.
                      Under no circumstances may such a waiver be based 
                      upon financial exigency.

[[Page 118 STAT. 3422]]

                          ``(ix) Special waiver provision for 
                      translators.--Upon request by a television 
                      translator station, the Commission may grant, for 
                      not more than 3 years, a waiver with respect to 
                      such station to the beginning of testing under 
                      clause (vii), and prohibit subscribers from 
                      receiving digital signal strength testing with 
                      respect to such station, if the Commission 
                      determines that the translator station is not 
                      broadcasting a digital signal due to one or more 
                      of the following:
                                    ``(I) frequent occurrence of 
                                inclement weather; or
                                    ``(II) mountainous terrain at the 
                                transmitter tower location.
                          ``(x) Savings provision.--Nothing in this 
                      subparagraph shall be construed to affect a 
                      satellite carrier's obligations under section 338.
                          ``(xi) Definition.--For purposes of clause 
                      (viii), the term `emergency response providers' 
                      means Federal, State, or local governmental and 
                      nongovernmental emergency public safety, law 
                      enforcement, fire, emergency response, emergency 
                      medical (including hospital emergency facilities), 
                      and related personnel, organizations, agencies, or 
                      authorities.
                    ``(E) Authority to grant station-specific waivers.--
                This paragraph shall not prohibit a retransmission of a 
                distant analog signal or distant digital signal (within 
                the meaning of subparagraph (A), (B), or (D)) of any 
                distant network station to any subscriber to whom the 
                signal of a local network station affiliated with the 
                same network is available, if and to the extent that 
                such local network station has affirmatively granted a 
                waiver from the requirements of this paragraph to such 
                satellite carrier with respect to retransmission of such 
                distant network station to such subscriber.
                    ``(F) Notices to networks of distant signal 
                subscribers.--
                          ``(i) <<NOTE: Deadline.>> Within 60 days after 
                      the date of enactment of the Satellite Home Viewer 
                      Extension and Reauthorization Act of 2004, each 
                      satellite carrier that provides a distant signal 
                      of a network station to a subscriber pursuant to 
                      subparagraph (A) or (B)(i) of this paragraph shall 
                      submit to each network--
                                    ``(I) a list, aggregated by 
                                designated market area, identifying each 
                                subscriber provided such a signal by--
                                            ``(aa) name;
                                            ``(bb) address (street or 
                                        rural route number, city, State, 
                                        and zip code); and
                                            ``(cc) the distant network 
                                        signal or signals received; and
                                    ``(II) a statement that, to the best 
                                of the carrier's knowledge and belief 
                                after having made diligent and good 
                                faith inquiries, the subscriber is 
                                qualified under the existing law to 
                                receive the distant network signal or 
                                signals pursuant to subparagraph (A) or 
                                (B)(i) of this paragraph.

[[Page 118 STAT. 3423]]

                          ``(ii) <<NOTE: Deadline.>> Within 60 days 
                      after the date a satellite carrier commences to 
                      carry pursuant to section 338 the signals of 
                      stations from a local market, such a satellite 
                      carrier that provides a distant signal of a 
                      network station to a subscriber pursuant to 
                      subparagraph (B)(ii) of this paragraph shall 
                      submit to each network--
                                    ``(I) a list identifying each 
                                subscriber in that local market provided 
                                such a signal by--
                                            ``(aa) name;
                                            ``(bb) address (street or 
                                        rural route number, city, State, 
                                        and zip code); and
                                            ``(cc) the distant network 
                                        signal or signals received; and
                                    ``(II) a statement that, to the best 
                                of the carrier's knowledge and belief 
                                after having made diligent and good 
                                faith inquiries, the subscriber is 
                                qualified under the existing law to 
                                receive the distant network signal or 
                                signals pursuant to subparagraph (B)(ii) 
                                of this paragraph.
                    ``(G) Other provisions not affected.--This paragraph 
                shall not affect the eligibility of a subscriber to 
                receive secondary transmissions under section 340 of 
                this Act or as an unserved household included under 
                section 119(a)(12) of title 17, United States Code.
                    ``(H) Available defined.--For purposes of this 
                paragraph, a satellite carrier makes available a local 
                signal to a subscriber or person if the satellite 
                carrier offers that local signal to other subscribers 
                who reside in the same zip code as that subscriber or 
                person.''; and
            (4) in paragraph (3) (as redesignated by paragraph (2) of 
        this subsection), by adding at the end the following: ``, except 
        that paragraph (2)(D) of this subsection, relating to the 
        provision of distant digital signals, shall be enforceable under 
        the provisions of section 340(f)''.

    (b) Study of Digital Strength Testing Procedures.--Section 339(c) of 
such Act (47 U.S.C. 339(c)) is amended by striking paragraph (1) and 
inserting the following:
            ``(1) Study of digital strength testing procedures.--
                    ``(A) Study required.--Not <<NOTE: Deadline.>> later 
                than 1 year after the date of the enactment of the 
                Satellite Home Viewer Extension and Reauthorization Act 
                of 2004, the Federal Communications Commission shall 
                complete an inquiry regarding whether, for purposes of 
                identifying if a household is unserved by an adequate 
                digital signal under section 119(d)(10) of title 17, 
                United States Code, the digital signal strength standard 
                in section 73.622(e)(1) of title 47, Code of Federal 
                Regulations, or the testing procedures in section 
                73.686(d) of title 47, Code of Federal Regulations, such 
                statutes or regulations should be revised to take into 
                account the types of antennas that are available to 
                consumers.
                    ``(B) Study considerations.--In conducting the study 
                under this paragraph, the Commission shall consider 
                whether--
                          ``(i) to account for the fact that an antenna 
                      can be mounted on a roof or placed in a home and 
                      can be fixed or capable of rotating;

[[Page 118 STAT. 3424]]

                          ``(ii) section 73.686(d) of title 47, Code of 
                      Federal Regulations, should be amended to create 
                      different procedures for determining if the 
                      requisite digital signal strength is present than 
                      for determining if the requisite analog signal 
                      strength is present;
                          ``(iii) a standard should be used other than 
                      the presence of a signal of a certain strength to 
                      ensure that a household can receive a high-quality 
                      picture using antennas of reasonable cost and ease 
                      of installation;
                          ``(iv) to develop a predictive methodology for 
                      determining whether a household is unserved by an 
                      adequate digital signal under section 119(d)(10) 
                      of title 17, United States Code;
                          ``(v) there is a wide variation in the ability 
                      of reasonably priced consumer digital television 
                      sets to receive over-the-air signals, such that at 
                      a given signal strength some may be able to 
                      display high-quality pictures while others cannot, 
                      whether such variation is related to the price of 
                      the television set, and whether such variation 
                      should be factored into setting a standard for 
                      determining whether a household is unserved by an 
                      adequate digital signal; and
                          ``(vi) to account for factors such as building 
                      loss, external interference sources, or undesired 
                      signals from both digital television and analog 
                      television stations using either the same or 
                      adjacent channels in nearby markets, foliage, and 
                      man-made clutter.
                    ``(C) Report.--Not later than 1 year after the date 
                of the enactment of the Satellite Home Viewer Extension 
                and Reauthorization Act of 2004, the Federal 
                Communications Commission shall submit to the Committee 
                on Energy and Commerce of the House of Representatives 
                and the Committee on Commerce, Science, and 
                Transportation of the Senate a report containing--
                          ``(i) the results of the study under this 
                      paragraph; and
                          ``(ii) recommendations, if any, as to what 
                      changes should be made to Federal statutes or 
                      regulations.''.

SEC. 205. ADDITIONAL NOTICES TO SUBSCRIBERS, NETWORKS, AND STATIONS 
            CONCERNING SIGNAL CARRIAGE.

    Section 338 of the Communications Act of 1934 (47 U.S.C. 338) is 
further amended by inserting after subsection (g) (as added by section 
203) the following new subsection:
    ``(h) Additional <<NOTE: Deadlines.>> Notices to Subscribers, 
Networks, and Stations Concerning Signal Carriage.--
            ``(1) Notices to and elections by subscribers concerning 
        grandfathered signals.--Any carrier that provides a distant 
        signal of a network station to a subscriber pursuant section 
        339(a)(2)(A) shall--
                    ``(A) within 60 days after the local signal of a 
                network station of the same television network is 
                available pursuant to section 338, or within 60 days 
                after the date of enactment of the Satellite Home Viewer 
                Extension and Reauthorization Act of 2004, whichever is 
                later, send a notice to the subscriber--

[[Page 118 STAT. 3425]]

                          ``(i) offering to substitute the local network 
                      signal for the duplicating distant network signal; 
                      and
                          ``(ii) informing the subscriber that, if the 
                      subscriber fails to respond in 60 days, the 
                      subscriber will lose the distant network signal 
                      but will be permitted to subscribe to the local 
                      network signal; and
                    ``(B) if the subscriber--
                          ``(i) elects to substitute such local network 
                      signal within such 60 days, switch such subscriber 
                      to such local network signal within 10 days after 
                      the end of such 60-day period; or
                          ``(ii) fails to respond within such 60 days, 
                      terminate the distant network signal within 10 
                      days after the end of such 60-day period.
            ``(2) Notice to station licensees of commencement of local-
        into-local service.--
                    ``(A) Notice required.--Within 180 days after the 
                date of enactment of the Satellite Home Viewer Extension 
                and Reauthorization Act of 2004, the Commission shall 
                revise the regulations under this section relating to 
                notice to broadcast station licensees to comply with the 
                requirements of this paragraph.
                    ``(B) Contents of commencement notice.--The notice 
                required by such regulations shall inform each 
                television broadcast station licensee within any local 
                market in which a satellite carrier proposes to commence 
                carriage of signals of stations from that market, not 
                later than 60 days prior to the commencement of such 
                carriage--
                          ``(i) of the carrier's intention to launch 
                      local-into-local service under this section in a 
                      local market, the identity of that local market, 
                      and the location of the carrier's proposed local 
                      receive facility for that local market;
                          ``(ii) of the right of such licensee to elect 
                      carriage under this section or grant 
                      retransmission consent under section 325(b);
                          ``(iii) that such licensee has 30 days from 
                      the date of the receipt of such notice to make 
                      such election; and
                          ``(iv) that failure to make such election will 
                      result in the loss of the right to demand carriage 
                      under this section for the remainder of the 3-year 
                      cycle of carriage under section 325.
                    ``(C) Transmission of notices.--Such regulations 
                shall require that each satellite carrier shall transmit 
                the notices required by such regulation via certified 
                mail to the address for such television station licensee 
                listed in the consolidated database system maintained by 
                the Commission.''.

SEC. 206. PRIVACY RIGHTS OF SATELLITE SUBSCRIBERS.

    (a) Amendment.--Section 338 of the Communications Act of 1934 (47 
U.S.C. 338) is further amended by inserting after subsection (h) (as 
added by section 205) the following new subsection:
    ``(i) Privacy Rights of Satellite Subscribers.--
            ``(1) Notice.--At the time of entering into an agreement to 
        provide any satellite service or other service to a subscriber

[[Page 118 STAT. 3426]]

        and at least once a year thereafter, a satellite carrier shall 
        provide notice in the form of a separate, written statement to 
        such subscriber which clearly and conspicuously informs the 
        subscriber of--
                    ``(A) the nature of personally identifiable 
                information collected or to be collected with respect to 
                the subscriber and the nature of the use of such 
                information;
                    ``(B) the nature, frequency, and purpose of any 
                disclosure which may be made of such information, 
                including an identification of the types of persons to 
                whom the disclosure may be made;
                    ``(C) the period during which such information will 
                be maintained by the satellite carrier;
                    ``(D) the times and place at which the subscriber 
                may have access to such information in accordance with 
                paragraph (5); and
                    ``(E) the limitations provided by this section with 
                respect to the collection and disclosure of information 
                by a satellite carrier and the right of the subscriber 
                under paragraphs (7) and (9) to enforce such 
                limitations.
        In <<NOTE: Deadline.>> the case of subscribers who have entered 
        into such an agreement before the effective date of this 
        subsection, such notice shall be provided within 180 days of 
        such date and at least once a year thereafter.
            ``(2) Definitions.--For purposes of this subsection, other 
        than paragraph (9)--
                    ``(A) the term `personally identifiable information' 
                does not include any record of aggregate data which does 
                not identify particular persons;
                    ``(B) the term `other service' includes any wire or 
                radio communications service provided using any of the 
                facilities of a satellite carrier that are used in the 
                provision of satellite service; and
                    ``(C) the term `satellite carrier' includes, in 
                addition to persons within the definition of satellite 
                carrier, any person who--
                          ``(i) is owned or controlled by, or under 
                      common ownership or control with, a satellite 
                      carrier; and
                          ``(ii) provides any wire or radio 
                      communications service.
            ``(3) Prohibitions.--
                    ``(A) Consent to collection.--Except as provided in 
                subparagraph (B), a satellite carrier shall not use any 
                facilities used by the satellite carrier to collect 
                personally identifiable information concerning any 
                subscriber without the prior written or electronic 
                consent of the subscriber concerned.
                    ``(B) Exceptions.--A satellite carrier may use such 
                facilities to collect such information in order to--
                          ``(i) obtain information necessary to render a 
                      satellite service or other service provided by the 
                      satellite carrier to the subscriber; or
                          ``(ii) detect unauthorized reception of 
                      satellite communications.
            ``(4) Disclosure.--
                    ``(A) Consent to disclosure.--Except as provided in 
                subparagraph (B), a satellite carrier shall not disclose

[[Page 118 STAT. 3427]]

                personally identifiable information concerning any 
                subscriber without the prior written or electronic 
                consent of the subscriber concerned and shall take such 
                actions as are necessary to prevent unauthorized access 
                to such information by a person other than the 
                subscriber or satellite carrier.
                    ``(B) Exceptions.--A satellite carrier may disclose 
                such information if the disclosure is--
                          ``(i) necessary to render, or conduct a 
                      legitimate business activity related to, a 
                      satellite service or other service provided by the 
                      satellite carrier to the subscriber;
                          ``(ii) subject to paragraph (9), made pursuant 
                      to a court order authorizing such disclosure, if 
                      the subscriber is notified of such order by the 
                      person to whom the order is directed;
                          ``(iii) a disclosure of the names and 
                      addresses of subscribers to any satellite service 
                      or other service, if--
                                    ``(I) the satellite carrier has 
                                provided the subscriber the opportunity 
                                to prohibit or limit such disclosure; 
                                and
                                    ``(II) the disclosure does not 
                                reveal, directly or indirectly, the--
                                            ``(aa) extent of any viewing 
                                        or other use by the subscriber 
                                        of a satellite service or other 
                                        service provided by the 
                                        satellite carrier; or
                                            ``(bb) the nature of any 
                                        transaction made by the 
                                        subscriber over any facilities 
                                        used by the satellite carrier; 
                                        or
                          ``(iv) to a government entity as authorized 
                      under chapter 119, 121, or 206 of title 18, United 
                      States Code, except that such disclosure shall not 
                      include records revealing satellite subscriber 
                      selection of video programming from a satellite 
                      carrier.
            ``(5) Access by subscriber.--A satellite subscriber shall be 
        provided access to all personally identifiable information 
        regarding that subscriber which is collected and maintained by a 
        satellite carrier. Such information shall be made available to 
        the subscriber at reasonable times and at a convenient place 
        designated by such satellite carrier. A satellite subscriber 
        shall be provided reasonable opportunity to correct any error in 
        such information.
            ``(6) Destruction of information.--A satellite carrier shall 
        destroy personally identifiable information if the information 
        is no longer necessary for the purpose for which it was 
        collected and there are no pending requests or orders for access 
        to such information under paragraph (5) or pursuant to a court 
        order.
            ``(7) Penalties.--Any person aggrieved by any act of a 
        satellite carrier in violation of this section may bring a civil 
        action in a United States district court. The court may award--
                    ``(A) actual damages but not less than liquidated 
                damages computed at the rate of $100 a day for each day 
                of violation or $1,000, whichever is higher;
                    ``(B) punitive damages; and

[[Page 118 STAT. 3428]]

                    ``(C) reasonable attorneys' fees and other 
                litigation costs reasonably incurred.
        The remedy provided by this subsection shall be in addition to 
        any other lawful remedy available to a satellite subscriber.
            ``(8) Rule of construction.--Nothing in this title shall be 
        construed to prohibit any State from enacting or enforcing laws 
        consistent with this section for the protection of subscriber 
        privacy.
            ``(9) Court orders.--Except as provided in paragraph 
        (4)(B)(iv), a governmental entity may obtain personally 
        identifiable information concerning a satellite subscriber 
        pursuant to a court order only if, in the court proceeding 
        relevant to such court order--
                    ``(A) such entity offers clear and convincing 
                evidence that the subject of the information is 
                reasonably suspected of engaging in criminal activity 
                and that the information sought would be material 
                evidence in the case; and
                    ``(B) the subject of the information is afforded the 
                opportunity to appear and contest such entity's 
                claim.''.

    (b) Effective Date.--Section 338(i) <<NOTE: 47 USC 338 note.>> of 
the Communications Act of 1934 (47 U.S.C. 338(i)) as amended by 
subsection (a) of this section shall be effective 60 days after the date 
of enactment of this Act.

SEC. 207. RECIPROCAL BARGAINING OBLIGATIONS.

    (a) Amendments.--Section 325(b)(3)(C) of the Communications Act of 
1934 (47 U.S.C. 325(b)(3)(C)) is amended--
            (1) by striking ``Within 45 days'' and all that follows 
        through ``1999, the'' and inserting ``The'';
            (2) by striking the second sentence;
            (3) by striking ``and'' at the end of clause (i);
            (4) in clause (ii)--
                    (A) by striking ``January 1, 2006'' and inserting 
                ``January 1, 2010''; and
                    (B) by striking the period at the end and inserting 
                ``; and''; and
            (5) by adding at the end the following new clause:
                          ``(iii) until January 1, 2010, prohibit a 
                      multichannel video programming distributor from 
                      failing to negotiate in good faith for 
                      retransmission consent under this section, and it 
                      shall not be a failure to negotiate in good faith 
                      if the distributor enters into retransmission 
                      consent agreements containing different terms and 
                      conditions, including price terms, with different 
                      broadcast stations if such different terms and 
                      conditions are based on competitive marketplace 
                      considerations.''.

    (b) Deadline.--The <<NOTE: Regulations. 47 USC 325 note.>> Federal 
Communications Commission shall prescribe regulations to implement the 
amendment made by subsection (a)(5) within 180 days after the date of 
enactment of this Act.

SEC. 208. STUDY OF IMPACT ON CABLE TELEVISION SERVICE.

    (a) Study Required.--No <<NOTE: Deadline.>> later than 9 months 
after the date of enactment of the Satellite Home Viewer Extension and 
Reauthorization Act of 2004, the Federal Communications Commission shall 
complete an inquiry regarding the impact on competition in the 
multichannel video programming distribution market of the current

[[Page 118 STAT. 3429]]

retransmission consent, network nonduplication, syndicated exclusivity, 
and sports blackout rules, including the impact of those rules on the 
ability of rural cable operators to compete with direct broadcast 
satellite industry in the provision of digital broadcast television 
signals to consumers. Such report shall include such recommendations for 
changes in any statutory provisions relating to such rules as the 
Commission deems appropriate.

    (b) Report Required.--The Federal Communications Commission shall 
submit a report on the results of the inquiry required by subsection (a) 
to the Committee on Energy and Commerce of the House of Representatives 
and the Committee on Commerce, Science, and Transportation of the Senate 
not later than 9 months after the date of the enactment of this Act.

SEC. 209. REDUCTION OF REQUIRED TESTS.

    Section 339(c)(4) of the Communications Act of 1934 (47 U.S.C. 
339(c)(4)) is amended by inserting after subparagraph (C) the following 
new subparagraphs:
                    ``(D) Reduction of verification burdens.--Within 1 
                year after the date of enactment of the Satellite Home 
                Viewer Extension and Reauthorization Act of 2004, the 
                Commission shall by rule exempt from the verification 
                requirements of subparagraph (A) any request for a test 
                made by a subscriber to a satellite carrier to whom the 
                retransmission of the signals of local broadcast 
                stations is available under section 338 from such 
                carrier.
                    ``(E) Exception.--A satellite carrier may refuse to 
                engage in the testing process. If the carrier does so 
                refuse, a subscriber in a local market in which the 
                satellite carrier does not offer the signals of local 
                broadcast stations under section 338 may, at his or her 
                own expense, authorize a signal intensity test to be 
                performed pursuant to the procedures specified by the 
                Commission in section 73.686(d) of title 47, Code of 
                Federal Regulations, by a tester who is approved by the 
                satellite carrier and by each affected network station, 
                or who has been previously approved by the satellite 
                carrier and by each affected network station but not 
                previously disapproved. A tester may not be so 
                disapproved for a test after the tester has commenced 
                such test. The tester <<NOTE: Notice.>> shall give 5 
                business days advance written notice to the satellite 
                carrier and to the affected network station or stations. 
                A signal intensity test conducted in accordance with 
                this subparagraph shall be determinative of the signal 
                strength received at that household for purposes of 
                determining whether the household is capable of 
                receiving a Grade B intensity signal.''.

SEC. 210. SATELLITE CARRIAGE OF TELEVISION STATIONS IN NONCONTIGUOUS 
            STATES.

    Section 338(a) of the Communications Act of 1934 (47 U.S.C. 338(a)) 
is amended by adding at the end the following:
            ``(4) Carriage of <<NOTE: Deadlines.>> signals of local 
        stations in certain markets.--A satellite carrier that offers 
        multichannel video programming distribution service in the 
        United States to more than 5,000,000 subscribers shall (A) 
        within 1 year after the date of the enactment of the Satellite 
        Home Viewer Extension and Reauthorization Act of 2004, 
        retransmit the signals originating as analog signals of each 
        television broadcast station

[[Page 118 STAT. 3430]]

        located in any local market within a State that is not part of 
        the contiguous United States, and (B) within 30 months after 
        such date of enactment retransmit the signals originating as 
        digital signals of each such station. The retransmissions of 
        such stations shall be made available to substantially all of 
        the satellite carrier's subscribers in each station's local 
        market, and the retransmissions of the stations in at least one 
        market in the State shall be made available to substantially all 
        of the satellite carrier's subscribers in areas of the State 
        that are not within a designated market area. The cost to 
        subscribers of such retransmissions shall not exceed the cost of 
        retransmissions of local television stations in other States. 
        Within 1 <<NOTE: Regulations.>> year after the date of enactment 
        of that Act, the Commission shall promulgate regulations 
        concerning elections by television stations in such State 
        between mandatory carriage pursuant to this section and 
        retransmission consent pursuant to section 325(b), which shall 
        take into account the schedule on which local television 
        stations are made available to viewers in such State.''.

SEC. 211. CARRIAGE OF TELEVISION SIGNALS TO CERTAIN SUBSCRIBERS.

     Part I of title III of the Communications Act of 1934 (47 U.S.C. 
301 et seq.) is amended by inserting after section 339 the following:

``SEC. 341. <<NOTE: 47 USC 341.>> CARRIAGE OF TELEVISION SIGNALS TO 
            CERTAIN SUBSCRIBERS.

    ``(a)(1) In General.--A cable operator or satellite carrier may 
elect to retransmit, to subscribers in an eligible county.--
            ``(A) any television broadcast stations that are located in 
        the State in which the county is located and that any cable 
        operator or satellite carrier was retransmitting to subscribers 
        in the county on January 1, 2004; or
            ``(B) up to 2 television broadcast stations located in the 
        State in which the county is located, if the number of 
        television broadcast stations that the cable operator or 
        satellite carrier is authorized to carry under paragraph (1) is 
        less than 3.

    ``(2) Deemed Significantly Viewed.--A station described in 
subsection (a) is deemed to be significantly viewed in the eligible 
county within the meaning of section 76.54 of the Commission's 
regulations (47 CFR 76.54).
    ``(3) Definition of Eligible County.--For purposes of this section, 
the term `eligible county' means any 1 of 4 counties that--
            ``(A) are all in a single State;
            ``(B) on January 1, 2004, were each in designated market 
        areas in which the majority of counties were located in another 
        State or States; and
            ``(C) as a group had a combined total of 41,340 television 
        households according to the U.S. Television Household Estimates 
        by Nielsen Media Research for 2003-2004.

    ``(4) Limitation.--Carriage of a station under this section shall be 
at the option of the cable operator or satellite carrier.
    ``(b) Certain Markets.--Notwithstanding any other provision of law, 
a satellite carrier may not carry the signal of a television station 
into an adjacent local market that is comprised of only a portion of a 
county, other than to unserved households located in that county.''.

[[Page 118 STAT. 3431]]

SEC. 212. <<NOTE: 47 USC 325 note.>> DIGITAL TRANSITION SAVINGS 
            PROVISION.

    Nothing in the dates by which requirements or other provisions are 
effective under this Act or the amendments made by this Act shall be 
construed--
            (1) to impair the authority of the Federal Communications 
        Commission to take any action with respect to the transition by 
        television broadcasters to the digital television service; or
            (2) to require the Commission to take any such action.

SEC. 213. AUTHORIZING BROADCAST SERVICE IN UNSERVED AREAS OF ALASKA.

    Title III of the Communications Act of 1934 is amended as follows:
            (1) <<NOTE: 47 USC 307.>> In section 307(c)(3)--
                    (A) by striking ``any hearing'' and inserting ``any 
                administrative or judicial hearing''; and
                    (B) by inserting ``or section 402'' after ``section 
                405''.
            (2) In section 307, by adding at the end the following new 
        subsection:

    ``(f) Notwithstanding any other provision of law, (1) any holder of 
a broadcast license may broadcast to an area of Alaska that otherwise 
does not have access to over the air broadcasts via translator, 
microwave, or other alternative signal delivery even if another holder 
of a broadcast license begins broadcasting to such area, (2) any holder 
of a broadcast license who has broadcast to an area of Alaska that did 
not have access to over the air broadcasts via translator, microwave, or 
other alternative signal delivery may continue providing such service 
even if another holder of a broadcast license begins broadcasting to 
such area, and shall not be fined or subject to any other penalty, 
forfeiture, or revocation related to providing such service including 
any fine, penalty, forfeiture, or revocation for continuing to operate 
notwithstanding orders to the contrary.''.
            (3) In section 312(g), <<NOTE: 47 USC 312.>> by inserting 
        before the period at the end the following: ``, except that the 
        Commission may extend or reinstate such station license if the 
        holder of the station license prevails in an administrative or 
        judicial appeal, the applicable law changes, or for any other 
        reason to promote equity and fairness. Any broadcast license 
        revoked or terminated in Alaska in a proceeding related to 
        broadcasting via translator, microwave, or other alternative 
        signal delivery is reinstated''.

         TITLE X--SNAKE <<NOTE: Snake River Water Rights Act of 
2004. Idaho. Native Americans.>> RIVER WATER RIGHTS ACT OF 2004

SECTION 1. SHORT TITLE.

    This title may be cited as the ``Snake River Water Rights Act of 
2004''.

SEC. 2. PURPOSES.

    The purposes of this Act are--
            (1) to resolve some of the largest outstanding issues with 
        respect to the Snake River Basin Adjudication in Idaho in such a 
        manner as to provide important benefits to the United States, 
        the State of Idaho, the Nez Perce Tribe, the allottees, and 
        citizens of the State;

[[Page 118 STAT. 3432]]

            (2) to achieve a fair, equitable, and final settlement of 
        all claims of the Nez Perce Tribe, its members, and allottees 
        and the United States on behalf of the Tribe, its members, and 
        allottees to the water of the Snake River Basin within Idaho;
            (3) to authorize, ratify, and confirm the Agreement among 
        the parties submitted to the Snake River Basin Adjudication 
        Court and provide all parties with the benefits of the 
        Agreement;
            (4) to direct--
                    (A) the Secretary, acting through the Bureau of 
                Reclamation, the Bureau of Land Management, the Bureau 
                of Indian Affairs, and other agencies; and
                    (B) the heads of other Federal agencies authorized 
                to execute and perform actions necessary to carry out 
                the Agreement;
        to perform all of their obligations under the Agreement and this 
        Act; and
            (5) to authorize the actions and appropriations necessary 
        for the United States to meet the obligations of the United 
        States under the Agreement and this Act.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Agreement.--The term ``Agreement'' means the document 
        titled ``Mediator's Term Sheet'' dated April 20, 2004, and 
        submitted on that date to the SRBA Court in SRBA Consolidated 
        Subcase 03-10022 and SRBA Consolidated Subcase 67-13701, with 
        all appendices to the document.
            (2) Allottee.--The term ``allottee'' means a person that 
        holds a beneficial real property interest in an Indian allotment 
        that is--
                    (A) located within the Nez Perce Reservation; and
                    (B) held in trust by the United States.
            (3) Consumptive use reserved water right.--The term 
        ``consumptive use reserved water right'' means the Federal 
        reserved water right of 50,000 acre-feet per year, as described 
        in the Agreement, to be decreed to the United States in trust 
        for the Tribe and the allottees, with a priority date of 1855.
            (4) Parties.--The term ``parties'' means the United States, 
        the State, the Tribe, and any other entity or person that 
        submitted, or joined in the submission of, the Agreement to the 
        SRBA Court on April 20, 2004.
            (5) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (6) Snake river basin.--The term ``Snake River Basin'' means 
        the geographic area in the State described in paragraph 3 of the 
        Commencement Order issued by the SRBA Court on November 19, 
        1987.
            (7) Springs or fountains water right.--The term ``springs or 
        fountains water right'' means the Tribe's treaty right of access 
        to and use of water from springs or fountains on Federal public 
        land within the area ceded by the Tribe in the Treaty of June 9, 
        1863 (14 Stat. 647), as recognized under the Agreement.

[[Page 118 STAT. 3433]]

            (8) SRBA.--The term ``SRBA'' means the Snake River Basin 
        Adjudication litigation before the SRBA Court styled as In re 
        Snake River Basin Adjudication, Case No. 39576.
            (9) SRBA court.--The term ``SRBA Court'' means the District 
        Court of the Fifth Judicial District of the State of Idaho, In 
        and For the County of Twin Falls in re Snake River Basin 
        Adjudication.
            (10) State.--The term ``State'' means the State of Idaho.
            (11) Tribe.--The term ``Tribe'' means the Nez Perce Tribe.

SEC. 4. APPROVAL, RATIFICATION, AND CONFIRMATION OF AGREEMENT.

    (a) In General.--Except to the extent that the Agreement conflicts 
with the express provisions of this Act, the Agreement is approved, 
ratified, and confirmed.
    (b) Execution and Performance.--The Secretary and the other heads of 
Federal agencies with obligations under the Agreement shall execute and 
perform all actions, consistent with this Act, that are necessary to 
carry out the Agreement.

SEC. 5. BUREAU OF RECLAMATION WATER USE.

    (a) In General.--As part of the overall implementation of the 
Agreement, the Secretary shall take such actions consistent with the 
Agreement, this Act, and water law of the State as are necessary to 
carry out the Snake River Flow Component of the Agreement.
    (b) Mitigation for Change of Use of Water.--
            (1) Authorization of appropriations.--There is authorized to 
        be appropriated to the Secretary $2,000,000 for a 1-time payment 
        to local governments to mitigate for the change of use of water 
        acquired by the Bureau of Reclamation under section III.C.6 of 
        the Agreement.
            (2) Distribution of funds.--Funds made available under 
        paragraph (1) shall be distributed by the Secretary to local 
        governments in accordance with a plan provided to the Secretary 
        by the State.
            (3) Payments.--Payments by the Secretary shall be made on a 
        pro rata basis as water rights are acquired by the Bureau of 
        Reclamation.

SEC. 6. BUREAU OF LAND MANAGEMENT LAND TRANSFER.

    (a) Transfer.--
            (1) In general.--The Secretary shall transfer land selected 
        by the Tribe under paragraph (2) to the Bureau of Indian Affairs 
        to be held in trust for the Tribe.
            (2) Land selection.--The land transferred shall be selected 
        by the Tribe from a list of parcels of land managed by the 
        Bureau of Land Management that are available for transfer, as 
        depicted on the map entitled ``North Idaho BLM Land Eligible for 
        Selection by the Nez Perce Tribe'' dated May 2004, on file with 
        the Director of the Bureau of Land Management, not including any 
        parcel designated on the map as being on the Clearwater River or 
        Lolo Creek.
            (3) Maximum value.--The land selected by the Tribe for 
        transfer shall be limited to a maximum value in total of not 
        more than $7,000,000, as determined by an independent appraisal 
        of fair market value prepared in accordance with the Uniform 
        Standards of Professional Appraisal Practice and

[[Page 118 STAT. 3434]]

        the Uniform Appraisal Standards for Federal Land Acquisitions.

    (b) Existing Rights and Uses.--
            (1) In general.--On any land selected by the Tribe under 
        subsection (a)(2), any use in existence on the date of transfer 
        under subsection (a) under a lease or permit with the Bureau of 
        Land Management, including grazing, shall remain in effect until 
        the date of expiration of the lease or permit, unless the holder 
        of the lease or permit requests an earlier termination of the 
        lease or permit, in which case the Secretary shall grant the 
        request.
            (2) Availability of amounts.--Amounts that accrue to the 
        United States under a lease or permit described in paragraph (1) 
        from sales, bonuses, royalties, and rentals relating to any land 
        transferred to the Tribe under this section shall be made 
        available to the Tribe by the Secretary in the same manner as 
        amounts received from other land held by the Secretary in trust 
        for the Tribe.

    (c) Date of Transfer.--No land shall be transferred to the Bureau of 
Indian Affairs to be held in trust for the Tribe under this section 
until the waivers and releases under section 10(a) take effect.
    (d) Authorization of Appropriations.--
            (1) In general.--There is authorized to be appropriated to 
        the Secretary $200,000 for 1-time payments to local governments 
        to mitigate for the transfer of land by the Bureau of Land 
        Management to the Tribe under section I.F of the Agreement.
            (2) Payments.--Payments under paragraph (1) shall be made on 
        a pro rata basis as parcels of land are acquired by the Tribe.

SEC. 7. WATER RIGHTS.

    (a) Holding in Trust.--
            (1) In general.--The consumptive use reserved water right 
        shall--
                    (A) be held in trust by the United States for the 
                benefit of the Tribe and allottees as set forth in this 
                section; and
                    (B) be subject to section 7 of the Act of February 
                8, 1887 (25 U.S.C. 381).
            (2) Springs or fountains water right.--The springs or 
        fountains water right of the Tribe shall be held in trust by the 
        United States for the benefit of the Tribe.
            (3) Allottees.--Allottees shall be entitled to a just and 
        equitable allocation of the consumptive use reserved water right 
        for irrigation purposes.

    (b) Water Code.--
            (1) Enactment of water code.--Not <<NOTE: Deadline.>> later 
        than 3 years after the date of enactment of this Act, the Tribe 
        shall enact a water code, subject to any applicable provision of 
        law, that--
                    (A) manages, regulates, and controls the consumptive 
                use reserved water right so as to allocate water for 
                irrigation, domestic, commercial, municipal, industrial, 
                cultural, or other uses; and
                    (B) includes, subject to approval of the Secretary--

[[Page 118 STAT. 3435]]

                          (i) a due process system for the consideration 
                      and determination of any request by an allottee, 
                      or any successor in interest to an allottee, for 
                      an allocation of such water for irrigation 
                      purposes on allotted land, including a process for 
                      an appeal and adjudication of denied or disputed 
                      distribution of water and for resolution of 
                      contested administrative decisions; and
                          (ii) a process to protect the interests of 
                      allottees when entering into any lease under 
                      subsection (e).
            (2) Secretarial approval.--Any provision of the water code 
        and any amendments to the water code that affect the rights of 
        the allottees shall be subject to approval by the Secretary, and 
        no such provision or amendment shall be valid until approved by 
        the Secretary.
            (3) Interim administration.--The Secretary shall administer 
        the consumptive use reserved water right until such date as the 
        water code described in paragraph (2) has been enacted by the 
        Tribe and the Secretary has approved the relevant portions of 
        the water code.

    (c) Exhaustion of Remedies.--Before asserting any claim against the 
United States under section 7 of the Act of February 8, 1887 (25 U.S.C. 
381) or other applicable law, a claimant shall exhaust remedies 
available under the Tribe's water code and Tribal law.
    (d) Petition to the Secretary.--Following exhaustion of remedies in 
accordance with subsection (c), a claimant may petition the Secretary 
for relief.
    (e) Satisfaction of Claims.--
            (1) In general.--The water rights and other benefits granted 
        or confirmed by the Agreement and this Act shall be in full 
        satisfaction of all claims for water rights and injuries to 
        water rights of the allottees.
            (2) Satisfaction of entitlements.--Any entitlement to water 
        of any allottee under Federal law shall be satisfied out of the 
        consumptive use reserved water right.
            (3) Complete substitution.--The water rights, resources, and 
        other benefits provided by this Act are a complete substitution 
        for any rights that may have been held by, or any claims that 
        may have been asserted by, allottees within the exterior 
        boundaries of the Reservation before the date of enactment of 
        this Act.

    (f) Abandonment, Forfeiture, or Nonuse.--The consumptive use 
reserved water right and the springs or fountains water right shall not 
be subject to loss by abandonment, forfeiture, or nonuse.
    (g) Lease of Water.--
            (1) In general.--Subject to the water code, the Tribe, 
        without further approval of the Secretary, may lease water to 
        which the Tribe is entitled under the consumptive use reserved 
        water right through any State water bank in the same manner and 
        subject to the same rules and requirements that govern any other 
        lessor of water to the water bank.
            (2) Funds.--Any funds accruing to the Tribe from any lease 
        under paragraph (1) shall be the property of the Tribe, and the 
        United States shall have no trust obligation or other obligation 
        to monitor, administer, or account for any consideration 
        received by the Tribe under any such lease.

[[Page 118 STAT. 3436]]

SEC. 8. TRIBAL FUNDS.

    (a) Definition of Fund.--In this section, the term ``Fund'' means--
            (1) the Nez Perce Tribe Water and Fisheries Fund established 
        under subsection (b)(1); and
            (2) the Nez Perce Tribe Domestic Water Supply Fund 
        established under subsection (b)(2).

    (b) Establishment.--There are established in the Treasury of the 
United States--
            (1) a fund to be known as the ``Nez Perce Tribe Water and 
        Fisheries Fund'', to be used to pay or reimburse costs incurred 
        by the Tribe in acquiring land and water rights, restoring or 
        improving fish habitat, or for fish production, agricultural 
        development, cultural preservation, water resource development, 
        or fisheries-related projects; and
            (2) a fund to be known as the ``Nez Perce Domestic Water 
        Supply Fund'', to be used to pay the costs for design and 
        construction of water supply and sewer systems for tribal 
        communities, including a water quality testing laboratory.

    (c) Management of the Funds.--The Secretary shall manage the Funds, 
make investments from the Funds, and make amounts available from the 
Funds for distribution to the Tribe consistent with the American Indian 
Trust Fund Management Reform Act of 1994 (25 U.S.C. 4001 et seq.), this 
Act, and the Agreement.
    (d) Investment of the Funds.--The Secretary shall invest amounts in 
the Funds in accordance with--
            (1) the Act of April 1, 1880 (25 U.S.C. 161; 21 Stat. 70, 
        chapter 41);
            (2) the first section of the Act of June 24, 1938 (25 U.S.C. 
        162a; 52 Stat. 1037, chapter 648); and
            (3) subsection (c).

    (e) Availability of Amounts From the Funds.--Amounts made available 
under subsection (h) shall be available for expenditure or withdrawal 
only after the waivers and releases under section 10(a) take effect.
    (f) Expenditures and Withdrawal.--
            (1) Tribal management plan.--
                    (A) In general.--The Tribe may withdraw all or part 
                of amounts in the Funds on approval by the Secretary of 
                a tribal management plan as described in the American 
                Indian Trust Fund Management Reform Act of 1994 (25 
                U.S.C. 4001 et seq.).
                    (B) Requirements.--In addition to the requirements 
                under the American Indian Trust Fund Management Reform 
                Act of 1994 (25 U.S.C. 4001 et seq.), the tribal 
                management plan shall require that the Tribe spend any 
                amounts withdrawn from the Funds in accordance with the 
                purposes described in subsection (b).
                    (C) Enforcement.--The Secretary may take judicial or 
                administrative action to enforce the provisions of any 
                tribal management plan to ensure that any amounts 
                withdrawn from the Funds under the plan are used in 
                accordance with this Act and the Agreement.
                    (D) Liability.--If the Tribe exercises the right to 
                withdraw amounts from the Funds, neither the Secretary 
                nor the Secretary of the Treasury shall retain any 
                liability for the expenditure or investment of the 
                amounts.

[[Page 118 STAT. 3437]]

            (2) Expenditure plan.--
                    (A) In general.--The Tribe shall submit to the 
                Secretary for approval an expenditure plan for any 
                portion of the amounts made available under subsection 
                (h) that the Tribe does not withdraw under this 
                subsection.
                    (B) Description.--The expenditure plan shall 
                describe the manner in which, and the purposes for 
                which, amounts of the Tribe remaining in the Funds will 
                be used.
                    (C) Approval.--On receipt of an expenditure plan 
                under subparagraph (A), the Secretary shall approve the 
                plan if the Secretary determines that the plan is 
                reasonable and consistent with this Act and the 
                Agreement.
                    (D) Annual report.--For each Fund, the Tribe shall 
                submit to the Secretary an annual report that describes 
                all expenditures from the Fund during the year covered 
                by the report.

    (g) No Per Capita Payments.--No part of the principal of the Funds, 
or of the income accruing in the Funds, shall be distributed to any 
member of the Tribe on a per capita basis.
    (h) Authorization of Appropriations.--There are authorized to be 
appropriated--
            (1) to the Nez Perce Tribe Water and Fisheries Fund--
                    (A) for fiscal year 2007, $7,830,000;
                    (B) for fiscal year 2008, $4,730,000;
                    (C) for fiscal year 2009, $7,380,000;
                    (D) for fiscal year 2010, $10,080,000;
                    (E) for fiscal year 2011, $11,630,000;
                    (F) for fiscal year 2012, $9,450,000; and
                    (G) for fiscal year 2013, $9,000,000; and
            (2) to the Nez Perce Tribe Domestic Water Supply Fund--
                    (A) for fiscal year 2007, $5,100,000;
                    (B) for fiscal year 2008, $8,200,000;
                    (C) for fiscal year 2009, $5,550,000;
                    (D) for fiscal year 2010, $2,850,000; and
                    (E) for fiscal year 2011, $1,300,000.

SEC. 9. SALMON AND CLEARWATER RIVER BASINS HABITAT FUND.

    (a) Establishment of Fund.--
            (1) In general.--There is established in the Treasury of the 
        United States a fund to be known as the ``Salmon and Clearwater 
        River Basins Habitat Fund'' (referred to in this section as the 
        ``Fund''), to be administered by the Secretary.
            (2) Accounts.--There is established within the Fund--
                    (A) an account to be known as the ``Nez Perce Tribe 
                Salmon and Clearwater River Basins Habitat Account'', 
                which shall be administered by the Secretary for use by 
                the Tribe subject to the same provisions for management, 
                investment, and expenditure as the funds established by 
                section 8; and
                    (B) an account to be known as the ``Idaho Salmon and 
                Clearwater River Basins Habitat Account'', which shall 
                be administered by the Secretary and provided to the 
                State as provided in the Agreement and this Act.

    (b) Use of the Fund.--
            (1) In general.--The Fund shall be used to supplement 
        amounts made available under any other law for habitat 
        protection and restoration in the Salmon and Clearwater River 
        Basins

[[Page 118 STAT. 3438]]

        in Idaho, including projects and programs intended to protect 
        and restore listed fish and their habitat in those basins, as 
        specified in the Agreement and this Act.
            (2) Release of funds.--The Secretary shall release funds 
        from the Idaho Salmon and Clearwater River Basins Habitat 
        Account in accordance with section 6(d)(2) of the Endangered 
        Species Act (16 U.S.C. 1535(d)(2)).
            (3) No allocation requirement.--The use of the Fund shall 
        not be subject to the allocation procedures under section 
        6(d)(1) of the Endangered Species Act of 1973 (16 U.S.C. 
        1535(d)(1)).

    (c) Availability of Amounts in the Fund.--Amounts made available 
under subsection (d) shall be available for expenditure or withdrawal 
only after the waivers and releases under section 10(a) take effect.
    (d) Authorization of Appropriations.--There are authorized to be 
appropriated--
            (1) to the Nez Perce Tribe Salmon and Clearwater River 
        Basins Habitat Account, $2,533,334 for each of fiscal years 2007 
        through 2011; and
            (2) to the Idaho Salmon and Clearwater River Basins Habitat 
        Account, $5,066,666 for each of fiscal years 2007 through 2011.

SEC. 10. TRIBAL WAIVER AND RELEASE OF CLAIMS.

    (a) Waiver and Release of Claims in General.--
            (1) Claims to water rights; claims for injuries to water 
        rights or treaty rights.--Except as otherwise provided in this 
        Act, the United States on behalf of the Tribe and the allottees, 
        and the Tribe, waive and release--
                    (A) all claims to water rights within the Snake 
                River Basin (as defined in section 3);
                    (B) all claims for injuries to such water rights; 
                and
                    (C) all claims for injuries to the treaty rights of 
                the Tribe to the extent that such injuries result or 
                resulted from flow modifications or reductions in the 
                quantity of water available that accrued at any time up 
                to and including the effective date of the settlement, 
                and any continuation thereafter of any such claims, 
                against the State, any agency or political subdivision 
                of the State, or any person, entity, corporation, 
                municipal corporation, or quasi-municipal corporation.
            (2) Claims based on reduced water quality or reductions in 
        water quantity.--The United States on behalf of the Tribe and 
        the allottees, and the Tribe, waive and release any claim, under 
        any treaty theory, based on reduced water quality resulting 
        directly from flow modifications or reductions in the quantity 
        of water available in the Snake River Basin against any party to 
        the Agreement.
            (3) No future assertion of claims.--No water right claim 
        that the Tribe or the allottees have asserted or may in the 
        future assert outside the Snake River Basin shall require water 
        to be supplied from the Snake River Basin to satisfy the claim.
            (4) Effect of waivers and releases.--The waivers and 
        releases by the United States and the Tribe under this 
        subsection--
                    (A) shall be permanent and enforceable; and

[[Page 118 STAT. 3439]]

                    (B) shall survive any subsequent termination of any 
                component of the settlement described in the Agreement 
                or this Act.
            (5) Effective date.--The <<NOTE: Federal 
        Register, publication.>> waivers and releases under this 
        subsection shall take effect on the date on which the Secretary 
        causes to be published in the Federal Register a statement of 
        findings that the actions set forth in section IV.L of the 
        Agreement--
                    (A) have been completed, including issuance of a 
                judgment and decree by the SRBA court from which no 
                further appeal may be taken; and
                    (B) have been determined by the United States on 
                behalf of the Tribe and the allottees, the Tribe, and 
                the State of Idaho to be consistent in all material 
                aspects with the Agreement.

    (b) Waiver and Release of Claims Against the United States.--
            (1) In general.--In consideration of performance by the 
        United States of all actions required by the Agreement and this 
        Act, including the appropriation of all funds authorized under 
        sections 8(h) and 9(d)(1), the Tribe shall execute a waiver and 
        release of the United States from--
                    (A) all claims for water rights within the Snake 
                River Basin, injuries to such water rights, or breach of 
                trust claims for failure to protect, acquire, or develop 
                such water rights that accrued at any time up to and 
                including the effective date determined under paragraph 
                (2);
                    (B) all claims for injuries to the Tribe's treaty 
                fishing rights, to the extent that such injuries result 
                or resulted from reductions in the quantity of water 
                available in the Snake River Basin;
                    (C) all claims of breach of trust for failure to 
                protect Nez Perce springs or fountains treaty rights 
                reserved in article VIII of the Treaty of June 9, 1863 
                (14 Stat. 651); and
                    (D) all claims of breach of trust arising out of the 
                negotiation of or resulting from the adoption of the 
                Agreement.
            (2) Effective date.--
                    (A) In general.--The waiver and release contained in 
                this subsection shall take effect on the date on which 
                the amounts authorized under sections 8(h) and 9(d)(1) 
                are appropriated.
                    (B) Periods of limitation; equitable claims.--
                          (i) In general.--All periods of limitation and 
                      time-based equitable defenses applicable to the 
                      claims set forth in paragraph (1) are tolled for 
                      the period between the date of enactment of this 
                      Act until the earlier of--
                                    (I) the date on which the amounts 
                                authorized under sections 8(h) and 
                                9(d)(1) are appropriated; or
                                    (II) October 1, 2017.
                          (ii) Effect of subparagraph.--This 
                      subparagraph neither revives any claim nor tolls 
                      any period of limitation or time-based equitable 
                      defense that may have expired before the date of 
                      enactment of this Act.

[[Page 118 STAT. 3440]]

            (3) Defense.--The making of the amounts of appropriations 
        authorized under sections 8(h) and 9(d)(1) shall constitute a 
        complete defense to any claim pending in any court of the United 
        States on the date on which the appropriations are made.

    (c) Retention of Rights.--
            (1) In general.--The Tribe shall retain all rights not 
        specifically waived or released in the Agreement or this Act.
            (2) Dworshak project.--Nothing in the Agreement or this Act 
        constitutes a waiver by the Tribe of any claim against the 
        United States resulting from the construction and operation of 
        the Dworshak Project (Project PWI 05090), other than those 
        specified in subparagraphs (A) and (B) of subsection (b)(1).
            (3) Future acquisition of water rights.--Nothing in the 
        Agreement or this Act precludes the Tribe or allottees, or the 
        United States as trustee for the Tribe or allottees, from 
        purchasing or otherwise acquiring water rights in the future to 
        the same extent as any other entity in the State.

SEC. 11. MISCELLANEOUS.

    (a) General Disclaimer.--The parties expressly reserve all rights 
not specifically granted, recognized, or relinquished by the settlement 
described in the Agreement or this Act.
    (b) Disclaimer Regarding Other Agreements and Precedent.--
            (1) In general.--Subject to section 9(b)(3), nothing in this 
        Act amends, supersedes, or preempts any State law, Federal law, 
        Tribal law, or interstate compact that pertains to the Snake 
        River Basin.
            (2) No establishment of standard.--Nothing in this Act--
                    (A) establishes any standard for the quantification 
                of Federal reserved water rights or any other Indian 
                water claims of any other Indian tribes in any other 
                judicial or administrative proceeding; or
                    (B) limits the rights of the parties to litigate any 
                issue not resolved by the Agreement or this Act.
            (3) No admission against interest.--Nothing in this Act 
        constitutes an admission against interest against any party in 
        any legal proceeding.

    (c) Treaty Rights.--Nothing in the Agreement or this Act impairs the 
treaty fishing, hunting, pasturing, or gathering rights of the Tribe 
except to the extent expressly provided in the Agreement or this Act.
    (d) Other Claims.--Nothing in the Agreement or this Act quantifies 
or otherwise affects the water rights, claims, or entitlements to water, 
or any other treaty right, of any Indian tribe, band, or community other 
than the Tribe.
    (e) Recreation on Dworshak Reservoir.--
            (1) In general.--In implementing the provisions of the 
        Agreement and this Act relating to the use of water stored in 
        Dworshak Reservoir for flow augmentation purposes, the heads of 
        the Federal agencies involved in the operational Memorandum of 
        Agreement referred to in the Agreement shall implement a flow 
        augmentation plan beneficial to fish and consistent with the 
        Agreement.

[[Page 118 STAT. 3441]]

            (2) Contents of plan.--The flow augmentation plan may 
        include provisions beneficial to recreational uses of the 
        reservoir through maintenance of the full level of the reservoir 
        for prolonged periods during the summer months.

    (f) Jurisdiction.--
            (1) No effect on subject matter jurisdiction.--Nothing in 
        the Agreement or this Act restricts, enlarges, or otherwise 
        determines the subject matter jurisdiction of any Federal, 
        State, or Tribal court.
            (2) Consent to jurisdiction.--The United States consents to 
        jurisdiction in a proper forum for purposes of enforcing the 
        provisions of the Agreement.
            (3) Effect of subsection.--Nothing in this subsection 
        confers jurisdiction on any State court to--
                    (A) enforce Federal environmental laws regarding the 
                duties of the United States; or
                    (B) conduct judicial review of Federal agency 
                action.

      DIVISION K--SMALL <<NOTE: Small Business Reauthorization and 
Manufacturing Assistance Act of 2004. 15 USC 631 note.>> BUSINESS

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This division may be cited as the ``Small Business 
Reauthorization and Manufacturing Assistance Act of 2004''.
    (b) Table of Contents.--The table of contents for this division is 
as follows:

        TITLE I--SMALL BUSINESS REAUTHORIZATION AND MANUFACTURING

Sec. 1. Short title; table of contents.

               Subtitle A--Small manufacturers assistance

Sec. 101. Express loans.
Sec. 102. Loan guarantee fees.
Sec. 103. Increase in guarantee amount and institution of associated 
           fee.
Sec. 104. Debenture size.
Sec. 105. Job requirements.
Sec. 106. Report regarding national database of small manufacturers.
Sec. 107. International trade.

                       Subtitle B--Authorizations

 Chapter 1--Program authorization levels and additional reauthorizations

Sec. 121. Program authorization levels.
Sec. 122. Additional reauthorizations.

Chapter 2--Paul D. Coverdell drug-free workplace program authorizations 
                          and sundry amendments

Sec. 123. Paul D. Coverdell drug-free workplace program authorization 
           provisions.
Sec. 124. Grant provisions.
Sec. 125. Drug-free communities coalitions as eligible intermediaries.
Sec. 126. Promotion of effective practices of eligible intermediaries.
Sec. 127. Report to Congress.

                  Subtitle C--Administration Management

Sec. 131. Lender examination and review fees.
Sec. 132. Gifts and co-sponsorship of events.

            Subtitle D--Entrepreneurial development programs

            Chapter 1--Office of entrepreneurial development

Sec. 141. Service Corps of Retired Executives.
Sec. 142. Small business development center program.

[[Page 118 STAT. 3442]]

           Chapter 2--Office of Veterans Business Development

Sec. 143. Advisory Committee on Veterans Business Affairs.
Sec. 144. Outreach grants for veterans.
Sec. 145. Authorization of appropriations.
Sec. 146. National Veterans Business Development Corporation.

        Chapter 3--Manufacturing and entrepreneurial development

Sec. 147. Small Business Manufacturing Task Force.

                       Subtitle E--HUBZone Program

Sec. 151. Streamlining and revision of HUBZone eligibility requirements.
Sec. 152. Expansion of qualified areas.
Sec. 153. Price evaluation preference.
Sec. 154. HUBZone Authorizations.
Sec. 155. Participation in federally funded projects.

              Subtitle F--Small business lending companies

Sec. 161. Supervisory and enforcement authority for small business 
           lending companies.
Sec. 162. Definitions relating to small business lending companies.

                   TITLE II--MISCELLANEOUS AMENDMENTS

Sec. 201. Amendment to definition of equity capital with respect to 
           issuers of participating securities.
Sec. 202. Investment of excess funds.
Sec. 203. Surety bond amendments.
Sec. 204. Effective date for certain fees.

        TITLE I--SMALL BUSINESS REAUTHORIZATION AND MANUFACTURING

               Subtitle A--Small Manufacturers Assistance

SEC. 101. EXPRESS LOANS.

    (a) In General.--Section 7(a) of the Small Business Act (15 U.S.C. 
636(a)) is amended by adding at the end the following:
            ``(31) Express loans.--
                    ``(A) Definitions.--As used in this paragraph:
                          ``(i) The term `express lender' means any 
                      lender authorized by the Administration to 
                      participate in the Express Loan Program.
                          ``(ii) The term `express loan' means any loan 
                      made pursuant to this paragraph in which a lender 
                      utilizes to the maximum extent practicable its own 
                      loan analyses, procedures, and documentation.
                          ``(iii) The term `Express Loan Program' means 
                      the program for express loans established by the 
                      Administration under paragraph (25)(B), as in 
                      existence on April 5, 2004, with a guaranty rate 
                      of not more than 50 percent.
                    ``(B) Restriction to express lender.--The authority 
                to make an express loan shall be limited to those 
                lenders deemed qualified to make such loans by the 
                Administration. Designation as an express lender for 
                purposes of making an express loan shall not prohibit 
                such lender from taking any other action authorized by 
                the Administration for that lender pursuant to this 
                subsection.
                    ``(C) Grandfathering of existing lenders.--Any 
                express lender shall retain such designation unless the

[[Page 118 STAT. 3443]]

                Administration determines that the express lender has 
                violated the law or regulations promulgated by the 
                Administration or modifies the requirements to be an 
                express lender and the lender no longer satisfies those 
                requirements.
                    ``(D) Maximum loan amount.--The maximum loan amount 
                under the Express Loan Program is $350,000.
                    ``(E) Option to participate.--Except as otherwise 
                provided in this paragraph, the Administration shall 
                take no regulatory, policy, or administrative action, 
                without regard to whether such action requires 
                notification pursuant to paragraph (24), that has the 
                effect of requiring a lender to make an express loan 
                pursuant to subparagraph (D).''.

    (b) Effective Date.--The <<NOTE: 15 USC 636 note.>> amendment made 
by subsection (a) shall take effect on the date of enactment of this 
Act.

SEC. 102. LOAN GUARANTEE FEES.

    (a) Additional Guarantee Fee Level.--Section 7(a)(18)(A) of the 
Small Business Act (15 U.S.C. 636(a)(18)(A)) is amended to read as 
follows:
                    ``(A) In general.--With respect to each loan 
                guaranteed under this subsection (other than a loan that 
                is repayable in 1 year or less), the Administration 
                shall collect a guarantee fee, which shall be payable by 
                the participating lender, and may be charged to the 
                borrower, as follows:
                          ``(i) A guarantee fee not to exceed 2 percent 
                      of the deferred participation share of a total 
                      loan amount that is not more than $150,000.
                          ``(ii) A guarantee fee not to exceed 3 percent 
                      of the deferred participation share of a total 
                      loan amount that is more than $150,000, but not 
                      more than $700,000.
                          ``(iii) A guarantee fee not to exceed 3.5 
                      percent of the deferred participation share of a 
                      total loan amount that is more than $700,000.
                          ``(iv) In addition to the fee under clause 
                      (iii), a guarantee fee equal to 0.25 percent of 
                      any portion of the deferred participation share 
                      that is more than $1,000,000.''.

    (b) Clerical Amendment.--Section 7(a)(18) of the Small Business Act 
(15 U.S.C. 636(a)(18)) is amended by striking subparagraph (C).
    (c) Yearly Fee.--Section 7(a)(23) of the Small Business Act (15 
U.S.C. 636(a)(23)) is amended--
            (1) in the heading, by striking ``Annual'' and inserting 
        ``Yearly'';
            (2) by striking subparagraph (A) and inserting the 
        following:
                    ``(A) In general.--With respect to each loan 
                approved under this subsection, the Administration shall 
                assess, collect, and retain a fee, not to exceed 0.55 
                percent per year of the outstanding balance of the 
                deferred participation share of the loan, in an amount 
                established once annually by the Administration in the 
                Administration's annual budget request to Congress, as 
                necessary to reduce to zero the cost to the 
                Administration of making guarantees under this 
                subsection. As used in this paragraph, the term `cost'

[[Page 118 STAT. 3444]]

                has the meaning given that term in section 502 of the 
                Federal Credit Reform Act of 1990 (2 U.S.C. 661a).'';
            (3) in subparagraph (B), by striking ``annual'' and 
        inserting ``yearly''; and
            (4) by adding at the end the following:
                    ``(C) Lowering of borrower fees.--If the 
                Administration determines that fees paid by lenders and 
                by small business borrowers for guarantees under this 
                subsection may be reduced, consistent with reducing to 
                zero the cost to the Administration of making such 
                guarantees--
                          ``(i) the Administration shall first consider 
                      reducing fees paid by small business borrowers 
                      under clauses (i) through (iii) of paragraph 
                      (18)(A), to the maximum extent possible; and
                          ``(ii) fees paid by small business borrowers 
                      shall not be increased above the levels in effect 
                      on the date of enactment of this subparagraph.''.

SEC. 103. INCREASE IN GUARANTEE AMOUNT AND INSTITUTION OF ASSOCIATED 
            FEE.

    (a) Increase in Amount Permitted to Be Outstanding and Committed.--
Section 7(a)(3)(A) of the Small Business Act (15 U.S.C. 636(a)(3)(A)) is 
amended by striking ``$1,000,000'' and inserting ``$1,500,000''.
    (b) Effective Date.--The <<NOTE: 15 USC 636 note.>> amendment made 
by subsection (a) shall take effect on the date of enactment of this 
Act.

SEC. 104. DEBENTURE SIZE.

    Section 502(2) of the Small Business Investment Act of 1958 (15 
U.S.C. 696(2)) is amended to read as follows:
            ``(2) Maximum amount.--
                    ``(A) In general.--Loans made by the Administration 
                under this section shall be limited to--
                          ``(i) $1,500,000 for each small business 
                      concern if the loan proceeds will not be directed 
                      toward a goal or project described in subparagraph 
                      (B) or (C);
                          ``(ii) $2,000,000 for each small business 
                      concern if the loan proceeds will be directed 
                      toward 1 or more of the public policy goals 
                      described under section 501(d)(3); and
                          ``(iii) $4,000,000 for each project of a small 
                      manufacturer.
                    ``(B) Definition.--As used in this paragraph, the 
                term `small manufacturer' means a small business 
                concern--
                          ``(i) the primary business of which is 
                      classified in sector 31, 32, or 33 of the North 
                      American Industrial Classification System; and
                          ``(ii) all of the production facilities of 
                      which are located in the United States.''.

SEC. 105. JOB REQUIREMENTS.

    Section 501 of the Small Business Investment Act of 1958 (15 U.S.C. 
695) is amended by adding at the end the following:
    ``(e)(1) A project meets the objective set forth in subsection 
(d)(1) if the project creates or retains one job for every $50,000 
guaranteed by the Administration, except that the amount is $100,000 in 
the case of a project of a small manufacturer.

[[Page 118 STAT. 3445]]

    ``(2) Paragraph (1) does not apply to a project for which 
eligibility is based on the objectives set forth in paragraph (2) or (3) 
of subsection (d), if the development company's portfolio of outstanding 
debentures creates or retains one job for every $50,000 guaranteed by 
the Administration.
    ``(3) For projects in Alaska, Hawaii, State-designated enterprise 
zones, empowerment zones and enterprise communities, labor surplus 
areas, as determined by the Secretary of Labor, and for other areas 
designated by the Administrator, the development company's portfolio may 
average not more than $75,000 per job created or retained.
    ``(4) Loans for projects of small manufacturers shall be excluded 
from calculations under paragraph (2) or (3).
    ``(5) Under regulations prescribed by the Administrator, the 
Administrator may waive, on a case-by-case basis or by regulation, any 
requirement of this subsection (other than paragraph (4)). With respect 
to any waiver the Administrator is prohibited from adopting a dollar 
amount that is lower than the amounts set forth in paragraphs (1), (2), 
and (3).
    ``(6) As used in this subsection, the term `small manufacturer' 
means a small business concern--
            ``(A) the primary business of which is classified in sector 
        31, 32, or 33 of the North American Industrial Classification 
        System; and
            ``(B) all of the production facilities of which are located 
        in the United States.''.

SEC. 106. REPORT REGARDING NATIONAL DATABASE OF SMALL MANUFACTURERS.

    (a) Study and Report.--The Administrator, in consultation with the 
Association of Small Business Development Centers authorized by section 
21(k) of the Small Business Act (15 U.S.C. 648(k)), shall--
            (1) study the feasibility of creating a national database of 
        small manufacturers that institutions of higher education could 
        access for purposes of meeting procurement needs; and
            (2) not later than 1 year after the date of enactment of 
        this Act, submit a report to the Congress regarding the findings 
        and conclusions of such study.

    (b) Cost Estimate.--The report referred to in subsection (a)(2) 
shall include an estimate of the cost of creating and maintaining the 
database described in subsection (a)(1).
    (c) Definition.--As used in this section, the term ``small 
manufacturer'' means a small business concern--
            (1) the primary business of which is classified in sector 
        31, 32, or 33 of the North American Industrial Classification 
        System; and
            (2) all of the production facilities of which are located in 
        the United States.

SEC. 107. INTERNATIONAL TRADE.

    (a) In General.--Section 7(a)(16) of the Small Business Act (15 
U.S.C. 636(a)(16)) is amended to read as follows:
            ``(16) International trade.--
                    ``(A) In general.--If the Administrator determines 
                that a loan guaranteed under this subsection will allow 
                an eligible small business concern that is engaged in or 
                adversely affected by international trade to improve its

[[Page 118 STAT. 3446]]

                competitive position, the Administrator may make such 
                loan to assist such concern in--
                          ``(i) the financing of the acquisition, 
                      construction, renovation, modernization, 
                      improvement, or expansion of productive facilities 
                      or equipment to be used in the United States in 
                      the production of goods and services involved in 
                      international trade; or
                          ``(ii) the refinancing of existing 
                      indebtedness that is not structured with 
                      reasonable terms and conditions.
                    ``(B) Security.--Each loan made under this paragraph 
                shall be secured by a first lien position or first 
                mortgage on the property or equipment financed by the 
                loan or on other assets of the small business concern.
                    ``(C) Engaged in international trade.--For purposes 
                of this paragraph, a small business concern is engaged 
                in international trade if, as determined by the 
                Administrator, the small business concern is in a 
                position to expand existing export markets or develop 
                new export markets.
                    ``(D) Adversely affected by international trade.--
                For purposes of this paragraph, a small business concern 
                is adversely affected by international trade if, as 
                determined by the Administrator, the small business 
                concern--
                          ``(i) is confronting increased competition 
                      with foreign firms in the relevant market; and
                          ``(ii) is injured by such competition.
                    ``(E) Findings by certain federal agencies.--For 
                purposes of subparagraph (D)(ii) the Administrator shall 
                accept any finding of injury by the International Trade 
                Commission or any finding of injury by the Secretary of 
                Commerce pursuant to chapter 3 of title II of the Trade 
                Act of 1974.''.

    (b) Limitation Increase.--Section 7(a)(3)(B) of the Small Business 
Act (15 U.S.C. 636(a)(3)(B)) is amended--
            (1) by striking ``$1,250,000'' and inserting ``$1,750,000''; 
        and
            (2) by striking ``$750,000'' and inserting ``$1,250,000''.

    (c) Effective Date.--The <<NOTE: 15 USC 636 note.>> amendments made 
by this section shall take effect on the date of enactment of this Act.

                       Subtitle B--Authorizations

 CHAPTER 1--PROGRAM AUTHORIZATION LEVELS AND ADDITIONAL REAUTHORIZATIONS

SEC. 121. PROGRAM AUTHORIZATION LEVELS.

    Section 20 of the Small Business Act (15 U.S.C. 631 note) is 
amended--
            (1) in subsection (a)(1), by striking ``certification'' each 
        place it appears in subparagraphs (D) and (E) and inserting 
        ``accreditation''; and
            (2) by striking subsections (c) through (i) and inserting 
        the following:

    ``(c) Disaster Mitigation Pilot Program.--The following program 
levels are authorized for loans under section 7(b)(1)(C):
            ``(1) $15,000,000 for fiscal year 2005.
            ``(2) $15,000,000 for fiscal year 2006.

    ``(d) Fiscal Year 2005.--

[[Page 118 STAT. 3447]]

            ``(1) Program levels.--The following program levels are 
        authorized for fiscal year 2005:
                    ``(A) For the programs authorized by this Act, the 
                Administration is authorized to make--
                          ``(i) $75,000,000 in technical assistance 
                      grants, as provided in section 7(m); and
                          ``(ii) $105,000,000 in direct loans, as 
                      provided in 7(m).
                    ``(B) For the programs authorized by this Act, the 
                Administration is authorized to make $23,050,000,000 in 
                deferred participation loans and other financings. Of 
                such sum, the Administration is authorized to make--
                          ``(i) $16,500,000,000 in general business 
                      loans, as provided in section 7(a);
                          ``(ii) $6,000,000,000 in certified development 
                      company financings, as provided in section 
                      7(a)(13) and as provided in section 504 of the 
                      Small Business Investment Act of 1958;
                          ``(iii) $500,000,000 in loans, as provided in 
                      section 7(a)(21); and
                          ``(iv) $50,000,000 in loans, as provided in 
                      section 7(m).
                    ``(C) For the programs authorized by title III of 
                the Small Business Investment Act of 1958, the 
                Administration is authorized to make--
                          ``(i) $4,250,000,000 in purchases of 
                      participating securities; and
                          ``(ii) $3,250,000,000 in guarantees of 
                      debentures.
                    ``(D) For the programs authorized by part B of title 
                IV of the Small Business Investment Act of 1958, the 
                Administration is authorized to enter into guarantees 
                not to exceed $6,000,000,000, of which not more than 50 
                percent may be in bonds approved pursuant to section 
                411(a)(3) of that Act.
                    ``(E) The Administration is authorized to make 
                grants or enter into cooperative agreements for a total 
                amount of $7,000,000 for the Service Corps of Retired 
                Executives program authorized by section 8(b)(1).
            ``(2) Additional authorizations.--
                    ``(A) There are authorized to be appropriated to the 
                Administration for fiscal year 2005 such sums as may be 
                necessary to carry out the provisions of this Act not 
                elsewhere provided for, including administrative 
                expenses and necessary loan capital for disaster loans 
                pursuant to section 7(b), and to carry out the Small 
                Business Investment Act of 1958, including salaries and 
                expenses of the Administration.
                    ``(B) Notwithstanding any other provision of this 
                paragraph, for fiscal year 2005--
                          ``(i) no funds are authorized to be used as 
                      loan capital for the loan program authorized by 
                      section 7(a)(21) except by transfer from another 
                      Federal department or agency to the 
                      Administration, unless the program level 
                      authorized for general business loans under 
                      paragraph (1)(B)(i) is fully funded; and
                          ``(ii) the Administration may not approve 
                      loans on its own behalf or on behalf of any other 
                      Federal

[[Page 118 STAT. 3448]]

                      department or agency, by contract or otherwise, 
                      under terms and conditions other than those 
                      specifically authorized under this Act or the 
                      Small Business Investment Act of 1958, except that 
                      it may approve loans under section 7(a)(21) of 
                      this Act in gross amounts of not more than 
                      $2,000,000.

    ``(e) Fiscal Year 2006.--
            ``(1) Program levels.--The following program levels are 
        authorized for fiscal year 2006:
                    ``(A) For the programs authorized by this Act, the 
                Administration is authorized to make--
                          ``(i) $80,000,000 in technical assistance 
                      grants, as provided in section 7(m); and
                          ``(ii) $110,000,000 in direct loans, as 
                      provided in 7(m).
                    ``(B) For the programs authorized by this Act, the 
                Administration is authorized to make $25,050,000,000 in 
                deferred participation loans and other financings. Of 
                such sum, the Administration is authorized to make--
                          ``(i) $17,000,000,000 in general business 
                      loans, as provided in section 7(a);
                          ``(ii) $7,500,000,000 in certified development 
                      company financings, as provided in section 
                      7(a)(13) and as provided in section 504 of the 
                      Small Business Investment Act of 1958;
                          ``(iii) $500,000,000 in loans, as provided in 
                      section 7(a)(21); and
                          ``(iv) $50,000,000 in loans, as provided in 
                      section 7(m).
                    ``(C) For the programs authorized by title III of 
                the Small Business Investment Act of 1958, the 
                Administration is authorized to make--
                          ``(i) $4,500,000,000 in purchases of 
                      participating securities; and
                          ``(ii) $3,500,000,000 in guarantees of 
                      debentures.
                    ``(D) For the programs authorized by part B of title 
                IV of the Small Business Investment Act of 1958, the 
                Administration is authorized to enter into guarantees 
                not to exceed $6,000,000,000, of which not more than 50 
                percent may be in bonds approved pursuant to section 
                411(a)(3) of that Act.
                    ``(E) <<NOTE: Grants. Contracts.>> The 
                Administration is authorized to make grants or enter 
                into cooperative agreements for a total amount of 
                $7,000,000 for the Service Corps of Retired Executives 
                program authorized by section 8(b)(1).
            ``(2) Additional authorizations.--
                    ``(A) There are authorized to be appropriated to the 
                Administration for fiscal year 2006 such sums as may be 
                necessary to carry out the provisions of this Act not 
                elsewhere provided for, including administrative 
                expenses and necessary loan capital for disaster loans 
                pursuant to section 7(b), and to carry out the Small 
                Business Investment Act of 1958, including salaries and 
                expenses of the Administration.
                    ``(B) Notwithstanding any other provision of this 
                paragraph, for fiscal year 2006--

[[Page 118 STAT. 3449]]

                          ``(i) no funds are authorized to be used as 
                      loan capital for the loan program authorized by 
                      section 7(a)(21) except by transfer from another 
                      Federal department or agency to the 
                      Administration, unless the program level 
                      authorized for general business loans under 
                      paragraph (1)(B)(i) is fully funded; and
                          ``(ii) the Administration may not approve 
                      loans on its own behalf or on behalf of any other 
                      Federal department or agency, by contract or 
                      otherwise, under terms and conditions other than 
                      those specifically authorized under this Act or 
                      the Small Business Investment Act of 1958, except 
                      that it may approve loans under section 7(a)(21) 
                      of this Act in gross amounts of not more than 
                      $2,000,000.''.

SEC. 122. ADDITIONAL REAUTHORIZATIONS.

    (a) Drug-Free Workplace Program Assistance.--Section 21(c)(3)(T) of 
the Small Business Act (15 U.S.C. 648(c)(3)(T)) is amended by striking 
``October 1, 2003'' and inserting ``October 1, 2006''.
    (b) Small Business Development Centers.--Section 21(a)(4)(C) of the 
Small Business Act (15 U.S.C. 648(a)(4)(C)) is amended--
            (1) by striking clause (vii) and inserting the following:
                    ``(vii) Authorization of appropriations.--There are 
                authorized to be appropriated to carry out this 
                subparagraph--
                          ``(I) $130,000,000 for fiscal year 2005; and
                          ``(II) $135,000,000 for fiscal year 2006.'';
            (2) by redesignating clause (viii) as clause (ix); and
            (3) by inserting after clause (vii) the following:
                    ``(viii) Limitation.--From the funds appropriated 
                pursuant to clause (vii), the Administration shall 
                reserve not less than $1,000,000 in each fiscal year to 
                develop portable assistance for startup and 
                sustainability non-matching grant programs to be 
                conducted by eligible small business development centers 
                in communities that are economically challenged as a 
                result of a business or government facility down sizing 
                or closing, which has resulted in the loss of jobs or 
                small business instability. A non-matching grant under 
                this clause shall not exceed $100,000, and shall be used 
                for small business development center personnel expenses 
                and related small business programs and services.''.

CHAPTER 2--PAUL D. COVERDELL DRUG-FREE WORKPLACE PROGRAM AUTHORIZATIONS 
                          AND SUNDRY AMENDMENTS

SEC. 123. PAUL D. COVERDELL DRUG-FREE WORKPLACE PROGRAM AUTHORIZATION 
            PROVISIONS.

    (a) In General.--Section 27(g)(1) of the Small Business Act (15 
U.S.C. 654(g)(1)) is amended by striking ``, $5,000,000'' in the first 
sentence and all that follows through ``subsection'' in the second 
sentence and inserting the following: ``(other than subsection (b)(2)), 
$5,000,000 for each of fiscal years 2005 and 2006. Amounts made 
available under this paragraph''.

[[Page 118 STAT. 3450]]

    (b) Limitation on Authorization for Small Business Development 
Centers.--Section 27(g)(2) of the Small Business Act (15 U.S.C. 654(g)) 
is amended by striking ``this subsection, not more than the greater of 
10 percent or $1,000,000'' and inserting ``paragraph (1) for each of 
fiscal years 2005 and 2006, not more than the greater of 10 percent or 
$500,000''.
    (c) Additional Authorization for Technical Assistance Grants.--
Section 27(g) of the Small Business Act (15 U.S.C. 654(g)) is amended by 
adding at the end the following:
            ``(3) Additional authorization for technical assistance 
        grants.--There are authorized to be appropriated to carry out 
        subsection (b)(2), $1,500,000 for each of fiscal years 2005 and 
        2006. Amounts made available under this paragraph shall remain 
        available until expended.''.

    (d) Limitation on Administrative Costs.--Section 27(g) of the Small 
Business Act (15 U.S.C. 654(g)), as amended by subsection (c), is 
further amended by adding at the end the following:
            ``(4) Limitation on administrative costs.--Not more than 5 
        percent of the total amount made available under this subsection 
        for any fiscal year shall be used for administrative costs 
        (determined without regard to the administrative costs of 
        eligible intermediaries).''.

SEC. 124. GRANT PROVISIONS.

    (a) Additional Grants for Technical Assistance.--Section 27(b) of 
the Small Business Act (15 U.S.C. 654) is amended--
            (1) by striking ``There is established'' and inserting the 
        following:
            ``(1) In general.--There is established''; and
            (2) by adding at the end the following new paragraph:
            ``(2) Additional grants for technical assistance.--In 
        addition to grants under paragraph (1), the Administrator may 
        make grants to, or enter into cooperative agreements or 
        contracts with, any grantee for the purpose of providing, in 
        cooperation with one or more small business development centers, 
        technical assistance to small business concerns seeking to 
        establish a drug-free workplace program.''.

    (b) 2-Year Grants.--Section 27(b) of the Small Business Act (15 
U.S.C. 654(b)), as amended by subsection (a), is further amended by 
adding at the end the following:
            ``(3) 2-year grants.--Each grant made under this subsection 
        shall be for a period of 2 years, subject to an annual 
        performance review by the Administrator.''.

SEC. 125. DRUG-FREE COMMUNITIES COALITIONS AS ELIGIBLE INTERMEDIARIES.

    Section 27(a)(2)(D) of the Small Business Act (15 U.S.C. 654(a)(2)) 
is amended to read as follows:
                    ``(D)(i) the purpose of which is--
                                    ``(I) to develop comprehensive drug-
                                free workplace programs or to supply 
                                drug-free workplace services; or
                                    ``(II) to provide other forms of 
                                assistance and services to small 
                                business concerns; or
                          ``(ii) that is eligible to receive a grant 
                      under chapter 2 of the National Narcotics 
                      Leadership Act of 1988 (21 U.S.C. 1521 et 
                      seq.).''.

[[Page 118 STAT. 3451]]

SEC. 126. PROMOTION OF EFFECTIVE PRACTICES OF ELIGIBLE INTERMEDIARIES.

    Section 27(c) of the Small Business Act (15 U.S.C. 654(c)) is 
amended to read as follows:
    ``(c) Promotion of Effective Practices of Eligible Intermediaries.--
            ``(1) Technical assistance and information.--The 
        Administrator, after consultation with the Director of the 
        Center for Substance Abuse and Prevention, shall provide 
        technical assistance and information to each eligible 
        intermediary under subsection (b) regarding the most effective 
        practices in establishing and carrying out drug-free workplace 
        programs.
            ``(2) Evaluation of program.--
                    ``(A) Data collection and analysis.--Each eligible 
                intermediary receiving a grant under this section shall 
                establish a system to collect and analyze information 
                regarding the effectiveness of drug-free workplace 
                programs established with assistance provided under this 
                section through the intermediary, including information 
                regarding any increase or decrease among employees in 
                drug use, awareness of the adverse consequences of drug 
                use, and absenteeism, injury, and disciplinary problems 
                related to drug use. Such system shall conform to such 
                requirements as the Administrator, after consultation 
                with the Director of the Center for Substance Abuse and 
                Prevention, may prescribe. Not more than 5 percent of 
                the amount of each grant made under subsection (b) shall 
                be used by the eligible intermediary to carry out this 
                paragraph.
                    ``(B) Method of evaluation.--The Administrator, 
                after consultation with the Director of the Center for 
                Substance Abuse and Prevention, shall provide technical 
                assistance and guidance to each eligible intermediary 
                receiving a grant under subsection (b) regarding the 
                collection and analysis of information to evaluate the 
                effectiveness of drug-free workplace programs 
                established with assistance provided under this section, 
                including the information referred to in paragraph (1). 
                Such assistance shall include the identification of 
                additional information suitable for measuring the 
                benefits of drug-free workplace programs to the small 
                business concern and to the concern's employees and the 
                identification of methods suitable for analyzing such 
                information.''.

SEC. 127. REPORT TO CONGRESS.

    Not later than March 31, 2006, the Administrator, in consultation 
with the Secretary of Labor, the Secretary of Health and Human Services, 
and the Director of National Drug Control Policy, shall submit to 
Congress a report that--
            (1) analyzes the information collected under section 27(c) 
        of the Small Business Act;
            (2) identifies trends in such information; and
            (3) evaluates the effectiveness of the drug-free workplace 
        programs established with assistance under section 27 of the 
        Small Business Act (15 U.S.C. 654).

[[Page 118 STAT. 3452]]

                  Subtitle C--Administration Management

SEC. 131. LENDER EXAMINATION AND REVIEW FEES.

    Section 5(b) of the Small Business Act (15 U.S.C. 634(b)) is 
amended--
            (1) in paragraph (12), by striking ``and'' at the end;
            (2) in paragraph (13), by striking the period at the end and 
        inserting ``; and''; and
            (3) by adding at the end the following:
            ``(14) require any lender authorized to make loans under 
        section 7 of this Act to pay examination and review fees, which 
        shall be deposited in the account for salaries and expenses of 
        the Administration, and shall be available for the costs of 
        examinations, reviews, and other lender oversight activities.''.

SEC. 132. GIFTS AND CO-SPONSORSHIP OF EVENTS.

    (a) In General.--Section 4 of the Small Business Act (15 U.S.C. 633) 
is amended by adding at the end the following:
    ``(g) Gifts.--
            ``(1) In general.--The Administrator may, for purposes of 
        this Act, the Small Business Investment Act of 1954, and title 
        IV of the Women's Business Ownership Act of 1988, solicit, 
        accept, hold, administer, utilize, and dispose of gifts, 
        devises, and bequests of cash, property (including tangible, 
        intangible, real, and personal), subsistence, and services. 
        Notwithstanding any other provision of law, the Administrator 
        may utilize gifts, devises, or bequests for marketing and 
        outreach activities, including the cost of promotional materials 
        and wearing apparel.
            ``(2) Audits.--Any gift, devise, or bequest of cash accepted 
        by the Administrator shall be held in a separate account and 
        shall be subject to semi-annual audits by the Inspector General 
        of the Administration who shall report his findings to the 
        Congress.
            ``(3) Conflicts of interest.--No gift, devise, or bequest 
        shall be solicited or accepted under the authority of this 
        subsection if such solicitation or acceptance would, in the 
        determination of the General Counsel, create a conflict of 
        interest.
            ``(4) Acceptance of services and facilities for disaster 
        loan program.--The Administrator may accept the services and 
        facilities of Federal, State, and local agencies and groups, 
        both public and private, and utilize such gratuitous services 
        and facilities as may, from time to time, be necessary, to 
        further the objectives of section 7(b).

    ``(h) Co-Sponsorship of Events.--
            ``(1) Authorization.--The Administrator, after consultation 
        with the General Counsel, may provide assistance for the benefit 
        of small business through Administration-sponsored activities, 
        through cosponsored activities with any eligible entity, or 
        through such other activities that the Administrator determines 
        to be appropriate, including recognition events.
            ``(2) Eligible entity.--For purposes of this subsection, the 
        term `eligible entity' means any for-profit or not-for-profit 
        entity, any Federal, State, or local government official, or any 
        Federal, State, or local government entity.

[[Page 118 STAT. 3453]]

            ``(3) Prohibition on endorsements.--The Administrator shall 
        ensure that the Administration and any eligible entities that 
        cosponsor activities receive appropriate recognition for such 
        cosponsorship, and that such recognition does not constitute or 
        imply an endorsement by the Administration of any product or 
        service of such entity.
            ``(4) Authority to charge fees.--Notwithstanding any other 
        provision of law, the Administrator may charge a participant in 
        any activity sponsored or cosponsored by the Administration a 
        minimal fee, and retain and use such fee to cover the costs of 
        such activity.
            ``(5) Limited delegation.--The Administrator may not 
        delegate the authority described in this subsection except to 
        the Deputy Administrator, an Associate Administrator, or an 
        Assistant Administrator.
            ``(6) Report to congress.--The Inspector General of the 
        Administration shall report semi-annually to Congress on the 
        Administrator's use of authority under this subsection.
            ``(7) Rulemaking.--Not later <<NOTE: Deadline.>> than 180 
        days after the date of enactment of this subsection, the 
        Administrator shall promulgate regulations to carry out the 
        provisions of this subsection.''.

    (b) Conforming Amendments.--Section 8(b)(1)(A) of the Small Business 
Act (15 U.S.C. 637(b)(1)(A)) is amended--
            (1) by striking clause (ii);
            (2) by striking ``(1)(A) to provide--'' and all that follows 
        through ``business concerns--'' and inserting the following:
            ``(1)(A) to provide technical, managerial, and informational 
        aids to small business concerns--'';
            (3) by redesignating subclauses (I) through (IV) as clauses 
        (i) through (iv), respectively;
            (4) by redesignating items (aa) and (bb) of clause (ii), as 
        so redesignated by paragraph (3), as subclauses (I) and (II), 
        respectively; and
            (5) by striking ``; and'' at the end of clause (iv), as so 
        redesignated by paragraph (3), and inserting a period.

    (c) Sunset Provision.--The <<NOTE: 15 USC 633 and note, 
637.>> amendments made by this section are repealed on October 1, 2006.

            Subtitle D--Entrepreneurial Development Programs

            CHAPTER 1--OFFICE OF ENTREPRENEURIAL DEVELOPMENT

SEC. 141. SERVICE CORPS OF RETIRED EXECUTIVES.

    (a) In General.--Section 8(b)(1)(B) of the Small Business Act (15 
U.S.C. 637(b)(1)(B)) is amended--
            (1) by striking ``this Act; and to'', and inserting ``this 
        Act. To'';
            (2) by striking ``may maintain at its headquarters'' and all 
        that follows through ``That any'' and inserting ``shall maintain 
        at its headquarters and pay the salaries, benefits, and expenses 
        of a volunteer and professional staff to manage and oversee the 
        program. Any''; and
            (3) by striking the period at the end and inserting ``and 
        the management of the contributions received.''.

[[Page 118 STAT. 3454]]

    (b) Regulations.--The <<NOTE: Deadline. 15 USC 637 
note.>> Administration shall, not later than 180 days after the date of 
enactment of this Act, promulgate regulations to carry out the 
amendments made by subsection (a).

SEC. 142. SMALL BUSINESS DEVELOPMENT CENTER PROGRAM.

    (a) Privacy Requirements.--Section 21(a) of the Small Business Act 
(15 U.S.C. 648(a)) is amended by adding at the end the following:
            ``(7) Privacy requirements.--
                    ``(A) In general.--A small business development 
                center, consortium of small business development 
                centers, or contractor or agent of a small business 
                development center may not disclose the name, address, 
                or telephone number of any individual or small business 
                concern receiving assistance under this section without 
                the consent of such individual or small business 
                concern, unless--
                          ``(i) the Administrator is ordered to make 
                      such a disclosure by a court in any civil or 
                      criminal enforcement action initiated by a Federal 
                      or State agency; or
                          ``(ii) the Administrator considers such a 
                      disclosure to be necessary for the purpose of 
                      conducting a financial audit of a small business 
                      development center, but a disclosure under this 
                      clause shall be limited to the information 
                      necessary for such audit.
                    ``(B) Administrator use of information.--This 
                section shall not--
                          ``(i) restrict Administrator access to program 
                      activity data; or
                          ``(ii) prevent the Administrator from using 
                      client information to conduct client surveys.
                    ``(C) Regulations.--
                          ``(i) In general.--The Administrator shall 
                      issue regulations to establish standards--
                                    ``(I) for disclosures with respect 
                                to financial audits under subparagraph 
                                (A)(ii); and
                                    ``(II) for client surveys under 
                                subparagraph (B)(ii), including 
                                standards for oversight of such surveys 
                                and for dissemination and use of client 
                                information.
                          ``(ii) Maximum privacy protection.--
                      Regulations under this subparagraph, shall, to the 
                      extent practicable, provide for the maximum amount 
                      of privacy protection.
                          ``(iii) Inspector general.--Until the 
                      effective date of regulations under this 
                      subparagraph, any client survey and the use of 
                      such information shall be approved by the 
                      Inspector General who shall include such approval 
                      in his semi-annual report.''.

    (b) Term Change.--Section 21(k) of the Small Business Act (15 U.S.C. 
648(k)) is amended--
            (1) by striking ``Certification'' each place it appears and 
        inserting ``Accreditation''; and
            (2) by striking ``certification'' each place it appears and 
        inserting ``accreditation''.

[[Page 118 STAT. 3455]]

           CHAPTER 2--OFFICE OF VETERANS BUSINESS DEVELOPMENT

SEC. 143. ADVISORY COMMITTEE ON VETERANS BUSINESS AFFAIRS.

    (a) Retention of Duties.--Section 33(h) of the Small Business Act 
(15 U.S.C. 657c(h)) is amended by striking ``October 1, 2004'' and 
inserting ``October 1, 2006''.
    (b) Extension of Authority.--Section 203(h) of the Veterans 
Entrepreneurship and Small Business Development Act of 1999 (15 U.S.C. 
657b note) is amended by striking ``September 30, 2004'' and inserting 
``September 30, 2006''.

SEC. 144. OUTREACH GRANTS FOR VETERANS.

    Section 8(b)(17) of the Small Business Act (15 U.S.C. 637(b)(17)) is 
amended by inserting before the period at the end the following: ``, 
veterans, and members of a reserve component of the Armed Forces''.

SEC. 145. AUTHORIZATION OF APPROPRIATIONS.

    Section 32 of the Small Business Act (15 U.S.C. 657b) is amended by 
adding at the end the following:
    ``(c) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section--
            ``(1) $1,500,000 for fiscal year 2005; and
            ``(2) $2,000,000 for fiscal year 2006.''.

SEC. 146. NATIONAL VETERANS BUSINESS DEVELOPMENT CORPORATION.

    Section 33(a) of the Small Business Act (15 U.S.C. 657c(a)) is 
amended by adding at the end the following: ``Notwithstanding any other 
provision of law, the Corporation is a private entity and is not an 
agency, instrumentality, authority, entity, or establishment of the 
United States Government.''.

        CHAPTER 3--MANUFACTURING AND ENTREPRENEURIAL DEVELOPMENT

SEC. 147. <<NOTE: 15 USC 631c.>> SMALL BUSINESS MANUFACTURING TASK 
            FORCE.

    (a) Establishment.--The Administrator of the Small Business 
Administration (referred to in this subtitle as the ``Administrator'') 
shall establish a Small Business Manufacturing Task Force (referred to 
in this section as the ``Task Force'') to address the concerns of small 
manufacturers.
    (b) Chair.--The Administrator shall assign a member of the Task 
Force to serve as chair of the Task Force.
    (c) Duties.--The Task Force shall--
            (1) evaluate and identify whether programs and services are 
        sufficient to serve the needs of small manufacturers;
            (2) actively promote the programs and services of the Small 
        Business Administration that serve small manufacturers; and
            (3) identify and study the unique conditions facing small 
        manufacturers and develop and propose policy initiatives to 
        support and assist small manufacturers.

    (d) Meetings.--
            (1) Frequency.--The Task Force shall meet not less than 4 
        times per year, and more frequently if necessary to perform its 
        duties.

[[Page 118 STAT. 3456]]

            (2) Quorum.--A majority of the members of the Task Force 
        shall constitute a quorum to approve recommendations or reports.

    (e) Personnel Matters.--
            (1) Compensation of members.--Each member of the Task Force 
        shall serve without compensation in addition to that received 
        for services rendered as an officer or employee of the United 
        States.
            (2) Detail of sba employees.--Any employee of the Small 
        Business Administration may be detailed to the Task Force 
        without reimbursement, and such detail shall be without 
        interruption or loss of civil service status or privilege.

    (f) Report.--Not later than 1 year after the date of enactment of 
this Act, and annually thereafter, the Task Force shall submit a report 
containing the findings and recommendations of the task force to--
            (1) the President;
            (2) the Committee on Small Business and Entrepreneurship of 
        the Senate; and
            (3) the Committee on Small Business of the House of 
        Representatives.

                       Subtitle E--HUBZone Program

SEC. 151. STREAMLINING AND REVISION OF HUBZONE ELIGIBILITY REQUIREMENTS.

    (a) In General.--Section 3(p) of the Small Business Act (15 U.S.C. 
632(p)) is amended--
            (1) in paragraph (3)--
                    (A) by amending subparagraph (A) to read as follows:
                    ``(A) a small business concern that is at least 51 
                percent owned and controlled by United States 
                citizens;''
                    (B) in subparagraph (C), by striking ``or'' at the 
                end;
                    (C) in subparagraph (D)(ii), by striking the period 
                at the end and inserting ``; or''; and
                    (D) by adding at the end the following:
                    ``(E) a small business concern that is--
                          ``(i) a small agricultural cooperative 
                      organized or incorporated in the United States;
                          ``(ii) wholly owned by 1 or more small 
                      agricultural cooperatives organized or 
                      incorporated in the United States; or
                          ``(iii) owned in part by 1 or more small 
                      agricultural cooperatives organized or 
                      incorporated in the United States, if all owners 
                      are small business concerns or United States 
                      citizens.''; and
            (2) in paragraph (5)(A)(i)(I)(aa), by striking ``or (D)'' 
        and inserting ``(C), (D), or (E)''.

    (b) Conforming Amendment.--Section 3(j) of the Small Business Act 
(15 U.S.C. 632(j)) is amended by striking ``of section 7(b)(2)''.

SEC. 152. EXPANSION OF QUALIFIED AREAS.

    (a) Treatment of Certain Areas as HUBZones.--
            (1) Base closure areas.--Section 3(p)(1) of the Small 
        Business Act (15 U.S.C. 632(p)(1)) is amended--

[[Page 118 STAT. 3457]]

                    (A) in subparagraph (C), by striking ``or'' at the 
                end;
                    (B) in subparagraph (D), by striking the period at 
                the end and inserting ``; or''; and
                    (C) by adding at the end the following:
                    ``(E) base closure areas.''.
            (2) HUBZone <<NOTE: 15 USC 632 note.>> status time line and 
        commencement.--A base closure area that has undergone final 
        closure shall be treated as a HUBZone for purposes of the Small 
        Business Act for a period of 5 years.
            (3) Definition.--Section 3(p)(4) of the Small Business Act 
        (15 U.S.C. 632(p)(4)) is amended by adding at the end the 
        following:
                    ``(D) Base closure area.--The term `base closure 
                area' means lands within the external boundaries of a 
                military installation that were closed through a 
                privatization process under the authority of--
                          ``(i) the Defense Base Closure and Realignment 
                      Act of 1990 (part A of title XXIX of division B of 
                      Public Law 101-510; 10 U.S.C. 2687 note);
                          ``(ii) title II of the Defense Authorization 
                      Amendments and Base Closure and Realignment Act 
                      (Public Law 100-526; 10 U.S.C. 2687 note);
                          ``(iii) section 2687 of title 10, United 
                      States Code; or
                          ``(iv) any other provision of law authorizing 
                      or directing the Secretary of Defense or the 
                      Secretary of a military department to dispose of 
                      real property at the military installation for 
                      purposes relating to base closures of 
                      redevelopment, while retaining the authority to 
                      enter into a leaseback of all or a portion of the 
                      property for military use.''.

    (b) Qualified Nonmetropolitan County.--Section 3(p)(4)(B)(ii)(II) of 
the Small Business Act (15 U.S.C. 632(p)(4)(B)(ii)(II)) is amended to 
read as follows:
                                    ``(II) the unemployment rate is not 
                                less than 140 percent of the average 
                                unemployment rate for the United States 
                                or for the State in which such county is 
                                located, whichever is less, based on the 
                                most recent data available from the 
                                Secretary of Labor.''.

    (c) Temporary Qualified Areas Extension and Qualified Areas Study.--
            (1) Redesignated area.--Section 3(p)(4)(C) of the Small 
        Business Act (15 U.S.C. 632(p)(4)(C)) is amended by striking 
        ``only for the 3-year period following'' and inserting the 
        following: ``only until the later of--
                          ``(i) the date on which the Census Bureau 
                      publicly releases the first results from the 2010 
                      decennial census; or
                          ``(ii) 3 years after''.
            (2) Study and report.--
                    (A) Study.--The Independent Office of Advocacy of 
                the Small Business Administration shall conduct a study 
                of the HUBZone program to measure the effectiveness of 
                the definitions under section 3(p)(4) of the Small 
                Business Act (15 U.S.C. 632(p)(4)) relating to HUBZone 
                qualified

[[Page 118 STAT. 3458]]

                areas for the purposes of economic impact on small 
                business development and jobs creation.
                    (B) Report.--Not later than May 1, 2008, the 
                Independent Office of Advocacy shall submit a report to 
                the Committee on Small Business and Entrepreneurship of 
                the Senate and the Committee on Small Business of the 
                House of Representatives that contains--
                          (i) the results of the study conducted under 
                      paragraph (1); and
                          (ii) any proposed changes to the existing 
                      definitions under section 3(p)(4) of the Small 
                      Business Act (15 U.S.C. 632(p)(4)) relating to 
                      HUBZone qualified areas.

SEC. 153. PRICE EVALUATION PREFERENCE.

    Section 31(b)(3) of the Small Business Act (15 U.S.C. 657a(b)(3)) is 
amended--
            (1) by redesignating subparagraph (C) as subparagraph (D); 
        and
            (2) by adding at the end the following:
                    ``(C) Procurement of commodities for international 
                food aid export operations.--The price evaluation 
                preference for purchases of agricultural commodities by 
                the Secretary of Agriculture for export operations 
                through international food aid programs administered by 
                the Farm Service Agency shall be 5 percent on the first 
                portion of a contract to be awarded that is not greater 
                than 20 percent of the total volume of each commodity 
                being procured in a single invitation.''.

SEC. 154. HUBZONE AUTHORIZATIONS.

    Section 31(d) of the Small Business Act (15 U.S.C. 657a(d)) is 
amended by striking ``2001 through 2003'' and inserting ``2004 through 
2006''.

SEC. 155. <<NOTE: 15 USC 657g.>> PARTICIPATION IN FEDERALLY FUNDED 
            PROJECTS.

    Any small business concern that is certified, or otherwise meets the 
criteria for participation in any program under section 8(a) of the 
Small Business Act (15 U.S.C. 637(a)), shall not be required by any 
State, or political subdivision thereof, to meet additional criteria or 
certification, unrelated to the capability to provide the requested 
products or services, in order to participate as a small disadvantaged 
business in any program or project that is funded, in whole or in part, 
by the Federal Government.

              Subtitle F--Small Business Lending Companies

SEC. 161. SUPERVISORY AND ENFORCEMENT AUTHORITY FOR SMALL BUSINESS 
            LENDING COMPANIES.

    Section 23 of the Small Business Act (15 U.S.C. 650) is amended to 
read as follows:

``SEC. 23. SUPERVISORY AND ENFORCEMENT AUTHORITY FOR SMALL BUSINESS 
            LENDING COMPANIES.

    ``(a) In General.--The Administrator is authorized--
            ``(1) to supervise the safety and soundness of small 
        business lending companies and non-Federally regulated lenders;

[[Page 118 STAT. 3459]]

            ``(2) with respect to small business lending companies to 
        set capital standards to regulate, to examine, and to enforce 
        laws governing such companies, in accordance with the purposes 
        of this Act; and
            ``(3) with respect to non-Federally regulated lenders to 
        regulate, to examine, and to enforce laws governing the lending 
        activities of such lenders under section 7(a) in accordance with 
        the purposes of this Act.

    ``(b) Capital Directive.--
            ``(1) In general.--If the Administrator determines that a 
        small business lending company is being operated in an imprudent 
        manner, the Administrator may, in addition to any other action 
        authorized by law, issue a directive to such company to increase 
        capital to such level as the Administrator determines will 
        result in the safe and sound operation of such company.
            ``(2) Delegation.--The Administrator may not delegate the 
        authority granted under paragraph (1) except to an Associate 
        Deputy Administrator.
            ``(3) Regulations.--The Administrator shall issue 
        regulations outlining the conditions under which the 
        Administrator may determine the level of capital pursuant to 
        paragraph (1).

    ``(c) Civil Action.--If a small business lending company violates 
this Act, the Administrator may institute a civil action in an 
appropriate district court to terminate the rights, privileges, and 
franchises of the company under this Act.
    ``(d) Revocation or Suspension of Loan Authority.--
            ``(1) The Administrator may revoke or suspend the authority 
        of a small business lending company or a non-Federally regulated 
        lender to make, service or liquidate business loans authorized 
        by section 7(a) of this Act--
                    ``(A) for false statements knowingly made in any 
                written submission required under this Act;
                    ``(B) for omission of a material fact from any 
                written submission required under this Act;
                    ``(C) for willful or repeated violation of this Act;
                    ``(D) for willful or repeated violation of any 
                condition imposed by the Administrator with respect to 
                any application, request, or agreement under this Act; 
                or
                    ``(E) for violation of any cease and desist order of 
                the Administrator under this section.
            ``(2) The Administrator may revoke or suspend authority 
        under paragraph (1) only after a hearing under subsection (f). 
        The Administrator may delegate power to revoke or suspend 
        authority under paragraph (1) only to the Deputy Administrator 
        and only if the Administrator is unavailable to take such 
        action.
                    ``(A) The Administrator, after finding extraordinary 
                circumstances and in order to protect the financial or 
                legal position of the United States, may issue a 
                suspension order without conducting a hearing pursuant 
                to subsection (f). If the Administrator issues a 
                suspension under the preceding sentence, the 
                Administrator shall within two business days follow the 
                procedures set forth in subsection (f).
                    ``(B) Any suspension under paragraph (1) shall 
                remain in effect until the Administrator makes a 
                decision pursuant to subparagraph (4) to permanently 
                revoke the authority

[[Page 118 STAT. 3460]]

                of the small business lending company or non-Federally 
                regulated lender, suspend the authority for a time 
                certain, or terminate the suspension.
            ``(3) The small business lending company or non-Federally 
        regulated lender must notify borrowers of a revocation and that 
        a new entity has been appointed to service their loans. The 
        Administrator or an employee of the Administration designated by 
        the Administrator may provide such notice to the borrower.
            ``(4) Any revocation or suspension under paragraph (1) shall 
        be made by the Administrator except that the Administrator shall 
        delegate to an administrative law judge as that term is used in 
        section 3105 of title 5, United States Code, the authority to 
        conduct any hearing required under subsection (f). The 
        Administrator shall base the decision to revoke on the record of 
        the hearing.

    ``(e) Cease and Desist Order.--
            ``(1) Where a small business lending company, a non-
        Federally regulated lender, or other person violates this Act or 
        is engaging or is about to engage in any acts or practices which 
        constitute or will constitute a violation of this Act, the 
        Administrator may order, after the opportunity for hearing 
        pursuant to subsection (f), the company, lender, or other person 
        to cease and desist from such action or failure to act. The 
        Administrator may delegate the authority under the preceding 
        sentence only to the Deputy Administrator and only if the 
        Administrator is unavailable to take such action.
            ``(2) The Administrator, after finding extraordinary 
        circumstances and in order to protect the financial or legal 
        position of the United States, may issue a cease and desist 
        order without conducting a hearing pursuant to subsection (f). 
        If the Administrator issues a cease and desist order under the 
        preceding sentence, the Administrator shall within two business 
        days follow the procedures set forth in subsection (f).
            ``(3) The Administrator may further order such small 
        business lending company or non-Federally regulated lender or 
        other person to take such action or to refrain from such action 
        as the Administrator deems necessary to insure compliance with 
        this Act.
            ``(4) A cease and desist order under this subsection may 
        also provide for the suspension of authority to lend in 
        subsection (d).

    ``(f) Procedure for Revocation or Suspension of Loan Authority and 
for Cease and Desist Order.--
            ``(1) Before revoking or suspending authority under 
        subsection (d) or issuing a cease and desist order under 
        subsection (e), the Administrator shall serve an order to show 
        cause upon the small business lending company, non-Federally 
        regulated lender, or other person why an order revoking or 
        suspending the authority or a cease and desist order should not 
        be issued. The order to show cause shall contain a statement of 
        the matters of fact and law asserted by the Administrator and 
        the legal authority and jurisdiction under which a hearing is to 
        be held, and shall set forth that a hearing will be held before 
        an administrative law judge at a time and place stated in the 
        order. Such hearing shall be conducted pursuant to the 
        provisions of sections 554, 556, and 557 of title 5, United

[[Page 118 STAT. 3461]]

        States Code. If after hearing, or a waiver thereof, the 
        Administrator determines that an order revoking or suspending 
        the authority or a cease and desist order should be issued, the 
        Administrator shall promptly issue such order, which shall 
        include a statement of the findings of the Administrator and the 
        grounds and reasons therefor and specify the effective date of 
        the order, and shall cause the order to be served on the small 
        business lending company, non-Federally regulated lender, or 
        other person involved.
            ``(2) Witnesses summoned before the Administrator shall be 
        paid by the party at whose instance they were called the same 
        fees and mileage that are paid witnesses in the courts of the 
        United States.
            ``(3) A cease and desist order, suspension or revocation 
        issued by the Administrator, after the hearing under this 
        subsection is final agency action for purposes of chapter 7 of 
        title 5, United States Code. An adversely aggrieved party shall 
        have 20 days from the date of issuance of the cease and desist 
        order, suspension or revocation, to seek judicial review in an 
        appropriate district court.

    ``(g) Removal or Suspension of Management Official.--
            ``(1) Definition.--In this section, the term `management 
        official' means, with respect to a small business lending 
        company or a non-Federally regulated lender, an officer, 
        director, general partner, manager, employee, agent, or other 
        participant in the management of the affairs of the company's or 
        lender's activities under section 7(a) of this Act.
            ``(2) Removal of management official.--
                    ``(A) Notice.--The Administrator may serve upon any 
                management official a written notice of its intention to 
                remove that management official if, in the opinion of 
                the Administrator, the management official--
                          ``(i) willfully and knowingly commits a 
                      substantial violation of--
                                    ``(I) this Act;
                                    ``(II) any regulation issued under 
                                this Act;
                                    ``(III) a final cease-and-desist 
                                order under this Act; or
                                    ``(IV) any agreement by the 
                                management official, the small business 
                                lending company or non-Federally 
                                regulated lender under this Act; or
                          ``(ii) willfully and knowingly commits a 
                      substantial breach of a fiduciary duty of that 
                      person as a management official and the violation 
                      or breach of fiduciary duty is one involving 
                      personal dishonesty on the part of such management 
                      official.
                    ``(B) Contents of notice.--A notice under 
                subparagraph (A) shall contain a statement of the facts 
                constituting grounds therefor and shall fix a time and 
                place at which a hearing, conducted pursuant to sections 
                554, 556, and 557 of title 5, United States Code, will 
                be held thereon.
                    ``(C) Hearing.--
                          ``(i) Timing.--A <<NOTE: Deadline.>> hearing 
                      under subparagraph (B) shall be held not earlier 
                      than 30 days and later than 60 days after the date 
                      of service of notice of the hearing, unless an 
                      earlier or a later date is set by the 
                      Administrator at the request of--

[[Page 118 STAT. 3462]]

                                    ``(I) the management official, and 
                                for good cause shown; or
                                    ``(II) the Attorney General.
                          ``(ii) Consent.--Unless the management 
                      official appears at a hearing under this paragraph 
                      in person or by a duly authorized representative, 
                      the management official shall be deemed to have 
                      consented to the issuance of an order of removal 
                      under subparagraph (A).
                    ``(D) Order of removal.--
                          ``(i) In general.--In the event of consent 
                      under subparagraph (C)(ii), or if upon the record 
                      made at a hearing under this subsection, the 
                      Administrator finds that any of the grounds 
                      specified in the notice of removal has been 
                      established, the Administrator may issue such 
                      orders of removal from office as the Administrator 
                      deems appropriate.
                          ``(ii) Effectiveness.--An order under clause 
                      (i) shall--
                                    ``(I) <<NOTE: Effective date.>> take 
                                effect 30 days after the date of service 
                                upon the subject small business lending 
                                company or non-Federally regulated 
                                lender and the management official 
                                concerned (except in the case of an 
                                order issued upon consent as described 
                                in subparagraph (C)(ii), which shall 
                                become effective at the time specified 
                                in such order); and
                                    ``(II) remain effective and 
                                enforceable, except to such extent as it 
                                is stayed, modified, terminated, or set 
                                aside by action of the Administrator or 
                                a reviewing court in accordance with 
                                this section.
            ``(3) Authority to <<NOTE: Notice.>> suspend or prohibit 
        participation.--
                    ``(A) In general.--In order to protect a small 
                business lending company, a non-Federally regulated 
                lender or the interests of the Administration or the 
                United States, the Administrator may suspend from office 
                or prohibit from further participation in any manner in 
                the management or conduct of the affairs of a small 
                business lending company or a non-Federally regulated 
                lender a management official by written notice to such 
                effect served upon the management official. Such 
                suspension or prohibition may prohibit the management 
                official from making, servicing, reviewing, approving, 
                or liquidating any loan under section 7(a) of this Act.
                    ``(B) Effectiveness.--A suspension or prohibition 
                under subparagraph (A)--
                          ``(i) shall take effect upon service of notice 
                      under paragraph (2); and
                          ``(ii) unless stayed by a court in proceedings 
                      authorized by subparagraph (C), shall remain in 
                      effect--
                                    ``(I) pending the completion of the 
                                administrative proceedings pursuant to a 
                                notice of intention to remove served 
                                under paragraph (2); and
                                    ``(II) until such time as the 
                                Administrator dismisses the charges 
                                specified in the notice, or, if an order 
                                of removal or prohibition is issued 
                                against the management official, until 
                                the effective date of any such order.

[[Page 118 STAT. 3463]]

                    ``(C) Judicial <<NOTE: Deadline.>> review of 
                suspension prior to hearing.--Not later than 10 days 
                after a management official is suspended or prohibited 
                from participation under subparagraph (A), the 
                management official may apply to an appropriate district 
                court for a stay of the suspension or prohibition 
                pending the completion of the administrative proceedings 
                pursuant to a notice of intent to remove served upon the 
                management official under paragraph (2).
            ``(4) Authority to suspend on criminal charges.--
                    ``(A) In general.--If a management official is 
                charged in any information, indictment, or complaint 
                authorized by a United States attorney, with a felony 
                involving dishonesty or breach of trust, the 
                Administrator may, by written notice served upon the 
                management official, suspend the management official 
                from office or prohibit the management official from 
                further participation in any manner in the management or 
                conduct of the affairs of the small business lending 
                company or non-Federally regulated lender.
                    ``(B) Effectiveness.--A suspension or prohibition 
                under subparagraph (A) shall remain in effect until the 
                information, indictment, or complaint is finally 
                disposed of, or until terminated by the Administrator or 
                upon an order of a district court.
                    ``(C) Authority upon conviction.--If a judgment of 
                conviction with respect to an offense described in 
                subparagraph (A) is entered against a management 
                official, then at such time as the judgment is not 
                subject to further judicial review (and for purposes of 
                this subparagraph shall not include any petition for a 
                writ of habeas corpus), the Administrator may issue and 
                serve upon the management official an order removing the 
                management official, effective upon service of a copy of 
                the order upon the small business lending company or 
                non-Federally regulated lender.
                    ``(D) Authority upon dismissal or other 
                disposition.--A finding of not guilty or other 
                disposition of charges described in subparagraph (A) 
                shall not preclude the Administrator from instituting 
                proceedings under subsection (e) or (f).
            ``(5) Notification to small business lending company or a 
        non-federally regulated lender.--Copies of each notice required 
        to be served on a management official under this section shall 
        also be served upon the small business lending company or non-
        Federally regulated lender involved.
            ``(6) Final agency action and judicial review.--
                    ``(A) Issuance of orders.--After 
                a <<NOTE: Deadline.>> hearing under this subsection, and 
                not later than 30 days after the Administrator notifies 
                the parties that the case has been submitted for final 
                decision, the Administrator shall render a decision in 
                the matter (which shall include findings of fact upon 
                which its decision is predicated), and shall issue and 
                cause to be served upon each party to the proceeding an 
                order or orders consistent with this section. The 
                decision of the Administrator shall constitute final 
                agency action for purposes of chapter 7 of title 5, 
                United States Code.

[[Page 118 STAT. 3464]]

                    ``(B) Judicial review.--
                An <<NOTE: Deadline.>> adversely aggrieved party shall 
                have 20 days from the date of issuance of the order to 
                seek judicial review in an appropriate district court.

    ``(h) Appointment of Receiver.--
            ``(1) In any proceeding under subsection (f)(4) or 
        subsection (g)(6)(C), the court may take exclusive jurisdiction 
        of a small business lending company or a non-Federally regulated 
        lender and appoint a receiver to hold and administer the assets 
        of the company or lender.
            ``(2) Upon request of the Administrator, the court may 
        appoint the Administrator as a receiver under paragraph (1).

    ``(i) Possession of Assets.--
            ``(1) If a small business lending company or a non-Federally 
        regulated lender is not in compliance with capital requirements 
        or is insolvent, the Administrator may take possession of the 
        portfolio of loans guaranteed by the Administrator and sell such 
        loans to a third party by means of a receiver appointed under 
        subsection (h).
            ``(2) If a small business lending company or a non-Federally 
        regulated lender is not in compliance with capital requirements 
        or is insolvent or otherwise operating in an unsafe and unsound 
        condition, the Administrator may take possession of servicing 
        activities of loans that are guaranteed by the Administrator and 
        sell such servicing rights to a third party by means of a 
        receiver appointed under subsection (h).

    ``(j) Penalties and Forfeitures.--
            ``(1) Except as provided in paragraph (2), a small business 
        lending company or a non-Federally regulated lender which 
        violates any regulation or written directive issued by the 
        Administrator regarding the filing of any regular or special 
        report shall pay to the United States a civil penalty of not 
        more than $5,000 for each day of the continuance of the failure 
        to file such report, unless it is shown that such failure is due 
        to reasonable cause and not due to willful neglect. The civil 
        penalties under this subsection may be enforced in a civil 
        action brought by the Administrator. The penalties under this 
        subsection shall not apply to any affiliate of a small business 
        lending company that procures at least 10 percent of its annual 
        purchasing requirements from small manufacturers.
            ``(2) The Administrator may by rules and regulations that 
        shall be codified in the Code of Federal Regulations, after an 
        opportunity for notice and comment, or upon application of an 
        interested party, at any time previous to such failure, by 
        order, after notice and opportunity for hearing which shall be 
        conducted pursuant to sections 554, 556, and 557 of title 5, 
        United States Code, exempt in whole or in part, any small 
        business lending company or non-Federally regulated lender from 
        paragraph (1), upon such terms and conditions and for such 
        period of time as it deems necessary and appropriate, if the 
        Administrator finds that such action is not inconsistent with 
        the public interest or the protection of the Administration. The 
        Administrator may for the purposes of this section make any 
        alternative requirements appropriate to the situation.''.

[[Page 118 STAT. 3465]]

SEC. 162. DEFINITIONS RELATING TO SMALL BUSINESS LENDING COMPANIES.

    Section 3 of the Small Business Act (15 U.S.C. 632) is amended by 
adding at the end the following new subsection:
    ``(r) Definitions Relating to Small Business Lending Companies.--As 
used in section 23 of this Act:
            ``(1) Small business lending company.--The term `small 
        business lending company' means a business concern that is 
        authorized by the Administrator to make loans pursuant to 
        section 7(a) and whose lending activities are not subject to 
        regulation by any Federal or State regulatory agency.
            ``(2) Non-federally regulated sba lender.--The term `non-
        Federally regulated SBA lender' means a business concern if--
                    ``(A) such concern is authorized by the 
                Administrator to make loans under section 7;
                    ``(B) such concern is subject to regulation by a 
                State; and
                    ``(C) the lending activities of such concern are not 
                regulated by any Federal banking authority.''.

                   TITLE II--MISCELLANEOUS AMENDMENTS

SEC. 201. AMENDMENT TO DEFINITION OF EQUITY CAPITAL WITH RESPECT TO 
            ISSUERS OF PARTICIPATING SECURITIES.

    Section 303(g)(4) of the Small Business Investment Act of 1958 (15 
U.S.C. 683 (g)(4)) is amended--
            (1) in the first sentence, by striking ``subsection'' and 
        inserting ``Act''; and
            (2) in the second sentence, by striking ``contingent upon 
        and limited to the extent of earnings'' and inserting ``from 
        appropriate sources, as determined by the Administration''.

SEC. 202. INVESTMENT OF EXCESS FUNDS.

    Section 308(b) of the Small Business Investment Act (15 U.S.C. 
687(b)) is amended by striking the last sentence and inserting the 
following: ``Any such company that is licensed before October 1, 2004 
and has outstanding financings is authorized to invest funds not needed 
for its operations--
            ``(1) in direct obligations of, or obligations guaranteed as 
        to principal and interest by, the United States;
            ``(2) in certificates of deposit or other accounts of 
        federally insured banks or other federally insured depository 
        institutions, if the certificates or other accounts mature or 
        are otherwise fully available not more than 1 year after the 
        date of the investment; or
            ``(3) in mutual funds, securities, or other instruments that 
        consist of, or represent pooled assets of, investments described 
        in paragraphs (1) or (2).''.

SEC. 203. SURETY BOND AMENDMENTS.

    (a) Clarification of Maximum Surety Bond Guarantee.--Section 
411(a)(1) of the Small Business Investment Act of 1958 (15 U.S.C. 
694b(a)(1)) is amended by striking ``contract up to'' and

[[Page 118 STAT. 3466]]

inserting ``total work order or contract amount at the time of bond 
execution that does not exceed''.
    (b) Audit Frequency.--Section 411(g)(3) of the Small Business 
Investment Act of 1958 (15 U.S.C. 694b(g)(3)) is amended by striking 
``each year'' and inserting ``every three years''.
    (c) Repeal.--Section 207 of the Small Business Reauthorization and 
Amendment Act of 1988 (15 U.S.C. 694b note) is repealed.

SEC. 204. EFFECTIVE DATE FOR CERTAIN FEES.

    Section 503(f) of the Small Business Investment Act of 1958 (15 
U.S.C. 697(f)) is amended by striking ``, but'' and all that follows 
through the end and inserting a period.

    Approved December 8, 2004.

LEGISLATIVE HISTORY--H.R. 4818 (S. 2812):
---------------------------------------------------------------------------

HOUSE REPORTS: Nos. 108-599 (Comm. on Appropriations) and 108-792 
(Comm. of Conference).
SENATE REPORTS: No. 108-346 accompanying S. 2812 (Comm. on 
Appropriations).
CONGRESSIONAL RECORD, Vol. 150 (2004):
            July 13, 15, considered and passed House.
            Sept. 23, considered and passed Senate, amended, in lieu of 
                S. 2812.
            Nov. 20, House and Senate agreed to conference report.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 40 (2004):
            Dec. 8, Presidential statement.

                                  <all>
```