II 

Calendar No. 698 

108TH CONGRESS 

2D SESSION S. 2809 

[Report No. 108–344] 

Making appropriations for the Departments of Commerce, Justice, and State, 

the Judiciary, and related agencies for the fiscal year ending September 

30, 2005, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

SEPTEMBER 15, 2004 

Mr. GREGG, from the Committee on Appropriations, reported the following 

original bill; which was read twice and placed on the calendar 

A BILL 

Making appropriations for the Departments of Commerce, 

Justice, and State, the Judiciary, and related agencies 

for the fiscal year ending September 30, 2005, and for 

other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 That the following sums are appropriated, out of any 

4 money in the Treasury not otherwise appropriated, for the 

5 fiscal year ending September 30, 2005, and for other pur6 poses, namely: 
2 

S 2809 PCS 

1 TITLE I—DEPARTMENT OF JUSTICE 

2 GENERAL ADMINISTRATION

3 SALARIES AND EXPENSES

4 For expenses necessary for the administration of the 

5 Department of Justice, $141,466,000, of which not to ex6 ceed $3,317,000 is for the Facilities Program 2000, to 

7 remain available until expended: Provided, That not to ex8 ceed 43 permanent positions and 44 full-time equivalent 

9 workyears and $10,825,000 shall be expended for the De10 partment Leadership Program exclusive of augmentation 

11 that occurred in these offices in fiscal year 2003: Provided 

12 further, That not to exceed 26 permanent positions, 21 

13 full-time equivalent workyears and $3,315,000 shall be ex14 pended for the Office of Legislative Affairs: Provided fur15 ther, That not to exceed 17 permanent positions, 21 full16 time equivalent workyears and $2,470,000 shall be ex17 pended for the Office of Public Affairs: Provided further, 

18 That the latter two aforementioned offices may utilize 

19 non-reimbursable details of career employees within the 

20 caps described in the preceding two provisos. 

21 JOINT AUTOMATED BOOKING SYSTEM

22 For expenses necessary for the nationwide deploy23 ment of a Joint Automated Booking System including 

24 automated capability to transmit fingerprint and image 

25 data, $20,185,000, to remain available until September 

26 30, 2006. 
3 

S 2809 PCS 

1 AUTOMATED BIOMETRIC IDENTIFICATION SYSTEM/INTE2 GRATED AUTOMATED FINGERPRINT IDENTIFICATION

3 SYSTEM

4 For necessary expenses for the planning, develop5 ment, and deployment of an integrated fingerprint identi6 fication system, including automated capability to trans7 mit fingerprint and image data, $5,054,000, to remain 

8 available until September 30, 2006. 

9 LEGAL ACTIVITIES OFFICE AUTOMATION

10 For necessary expenses related to the design, develop11 ment, engineering, acquisition, and implementation of of12 fice automation systems for the organizations funded 

13 under the headings ‘‘Salaries and Expenses, General 

14 Legal Activities’’, and ‘‘General Administration, Salaries 

15 and Expenses’’, and the United States Attorneys, the 

16 United States Marshals Service, the Antitrust Division, 

17 the United States Trustee Program, the Executive Office 

18 for Immigration Review, the Community Relations Serv19 ice, the Bureau of Prisons, the Office of Justice Programs, 

20 and the United States Parole Commission, $70,502,000, 

21 to remain available until September 30, 2006. 

22 NARROWBAND COMMUNICATIONS

23 For the costs of conversion to narrowband commu24 nications, including the cost for operation and mainte25 nance of Land Mobile Radio legacy systems, $68,021,000: 

26 Provided, That the Attorney General shall transfer to the 
4 

S 2809 PCS 

1 ‘‘Narrowband Communications’’ account all funds made 

2 available to the Department of Justice for the purchase 

3 of portable and mobile radios: Provided further, That any 

4 transfer made under the preceding proviso shall be subject 

5 to section 605 of this Act. 

6 ADMINISTRATIVE REVIEW AND APPEALS

7 For expenses necessary for the administration of par8 don and clemency petitions and immigration-related activi9 ties, $205,411,000. 

10 DETENTION TRUSTEE

11 For necessary expenses of the Federal Detention 

12 Trustee, $885,994,000, to remain available until ex13 pended: Provided, That the Trustee shall be responsible 

14 for managing the Justice Prisoner and Alien Transpor15 tation System and for overseeing housing related to such 

16 detention: Provided further, That any unobligated balances 

17 available in prior years from the funds appropriated under 

18 the heading ‘‘Federal Prisoner Detention’’ shall be trans19 ferred to and merged with the appropriation under the 

20 heading ‘‘Detention Trustee’’ and shall be available until 

21 expended. 

22 OFFICE ON VIOLENCE AGAINST WOMEN

23 VIOLENCE AGAINST WOMEN PREVENTION AND

24 PROSECUTION PROGRAMS

25 For grants, contracts, cooperative agreements, and 

26 other assistance for the prevention and prosecution of vio-
5 

S 2809 PCS 

1 lence against women as authorized by the Omnibus Crime 

2 Control and Safe Streets Act of 1968 (‘‘the 1968 Act’’); 

3 the Violent Crime Control and Law Enforcement Act of 

4 1994 (Public Law 103–322) (‘‘the 1994 Act’’); [the Vic5 tims of Child Abuse Act of 1990 (‘‘the 1990 Act’’;] the 

6 Prosecutorial Remedies and Other Tools to End the Ex7 ploitation of Children Today Act of 2003 (Public Law 

8 108–21); the Juvenile Justice and Delinquency Prevention 

9 Act of 1974 (‘‘the 1974 Act’’); and the Victims of Traf10 ficking and Violence Protection Act of 2000 (Public Law 

11 106–386); $410,000,000, to remain available until ex12 pended. All balances from grants and activities adminis13 tered by the Office on Violence Against Women shall be 

14 transferred from the Office of Justice Program to the Of15 fice on Violence Against Women within 60 days of enact16 ment of this Act. Of the amounts provided: 

17 Of the amount provided— 

18 (1) $11,897,000 for the court-appointed special 

19 advocate program, as authorized by section 217 of 

20 the 1990 Act; 

21 (2) $2,281,000 for child abuse training pro22 grams for judicial personnel and practitioners, as 

23 authorized by section 222 of the 1990 Act; 

24 (3) $994,000 for grants for televised testimony, 

25 as authorized by Part N of the 1968 Act; 
6 

S 2809 PCS 

1 (4) $175,705,000 for grants to combat violence 

2 against women as authorized by part T of the 1968 

3 Act, of which: 

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

5 Institute of Justice for research and evaluation 

6 of violence against women; 

7 (B) $10,000,000 shall be for the Office of 

8 Juvenile Justice and Delinquency Prevention 

9 for the Safe Start Program, as authorized by 

10 the Juvenile Justice and Delinquency Act of 

11 1974 Act; and 

12 (C) $10,000,000 shall be for transitional 

13 housing assistance grants for victims of domes14 tic violence, stalking or sexual assault as au15 thorized by Public Law 108–21; 

16 (5) $64,503,000 for grants to encourage arrest 

17 policies as authorized by part U of the 1968 Act; 

18 (6) $39,685,000 for rural domestic violence and 

19 child abuse enforcement assistance grants, as au20 thorized by section 40295(a) of the 1994 Act; 

21 (7) $4,957,000 training programs as authorized 

22 by section 40152 of the 1994 Act, and for related 

23 demonstration projects; 
7 

S 2809 PCS 

1 (8) $2,981,000 for grants to improve the stalk2 ing and domestic violence databases, as authorized 

3 by section 40602 of the 1994 Act; 

4 (9) $9,935,000 to reduce violent crimes against 

5 women on campus, as authorized by section 1108(a) 

6 of Public Law 106–386; 

7 (10) $39,740,000 for legal assistance for vic8 tims, as authorized by section 1201(c) of Public Law 

9 106–386; 

10 (11) $4,968,000 for enhancing protection for 

11 older and disabled women from domestic violence 

12 and sexual assault, as authorized by section 40802 

13 of the 1994 Act; 

14 (12) $14,903,000 for the safe havens for chil15 dren pilot program, as authorized by section 1301(a) 

16 of Public Law 106–386; 

17 (13) $7,451,000 for education and training to 

18 end violence against and abuse of women with dis19 abilities, as authorized by section 1402(a) of Public 

20 Law 106–386; and Division B, H.R. 2673, Consoli21 dated Appropriations Bill, Fiscal Year 2004; and 

22 (14) $30,000,000 for management and admin23 istration not elsewhere specified. 
8 

S 2809 PCS 

1 OFFICE OF INSPECTOR GENERAL

2 For necessary expenses of the Office of Inspector 

3 General, $63,187,000, including not to exceed $10,000 to 

4 meet unforeseen emergencies of a confidential character. 

5 UNITED STATES PAROLE COMMISSION

6 SALARIES AND EXPENSES

7 For necessary expenses of the United States Parole 

8 Commission as authorized, $10,638,000. 

9 LEGAL ACTIVITIES

10 SALARIES AND EXPENSES, GENERAL LEGAL ACTIVITIES

11 (INCLUDING TRANSFER OF FUNDS)

12 For expenses necessary for the legal activities of the 

13 Department of Justice, not otherwise provided for, includ14 ing not to exceed $20,000 for expenses of collecting evi15 dence, to be expended under the direction of, and to be 

16 accounted for solely under the certificate of, the Attorney 

17 General; and rent of private or Government-owned space 

18 in the District of Columbia, $623,364,000, of which not 

19 to exceed $10,000,000 for litigation support contracts 

20 shall remain available until expended: Provided, That of 

21 the total amount appropriated, not to exceed $1,000 shall 

22 be available to the United States National Central Bu23 reau, INTERPOL, for official reception and representa24 tion expenses: Provided further, That $106,000 shall be 

25 transferred to the Department of State for the Capital Se26 curity Cost Sharing Program: Provided further, That not-
9 

S 2809 PCS 

1 withstanding any other provision of law, upon a deter2 mination by the Attorney General that emergent cir3 cumstances require additional funding for litigation activi4 ties of the Civil Division, the Attorney General may trans5 fer such amounts to ‘‘Salaries and Expenses, General 

6 Legal Activities’’ from available appropriations for the 

7 current fiscal year for the Department of Justice, as may 

8 be necessary to respond to such circumstances: Provided 

9 further, That any transfer pursuant to the previous pro10 viso shall be treated as a reprogramming under section 

11 605 of this Act and shall not be available for obligation 

12 or expenditure except in compliance with the procedures 

13 set forth in that section. 

14 In addition, for reimbursement of expenses of the De15 partment of Justice associated with processing cases 

16 under the National Childhood Vaccine Injury Act of 1986, 

17 not to exceed $6,333,000, to be appropriated from the 

18 Vaccine Injury Compensation Trust Fund. 

19 SALARIES AND EXPENSES, ANTITRUST DIVISION

20 For expenses necessary for the enforcement of anti21 trust and kindred laws, $138,763,000, to remain available 

22 until expended: Provided, That, notwithstanding any other 

23 provision of law, not to exceed $101,000,000 of offsetting 

24 collections derived from fees collected for premerger notifi25 cation filings under the Hart-Scott-Rodino Antitrust Im26 provements Act of 1976 (15 U.S.C. 18a), regardless of 
10 

S 2809 PCS 

1 the year of collection, shall be retained and used for nec2 essary expenses in this appropriation, and shall remain 

3 available until expended: Provided further, That the sum 

4 herein appropriated from the general fund shall be re5 duced as such offsetting collections are received during fis6 cal year 2005, so as to result in a final fiscal year 2005 

7 appropriation from the general fund estimated at not more 

8 than $37,763,000. 

9 SALARIES AND EXPENSES, UNITED STATES ATTORNEYS

10 For necessary expenses of the Offices of the United 

11 States Attorneys, including inter-governmental and coop12 erative agreements, $1,532,154,000; of which not to ex13 ceed $2,500,000 shall be available until September 30, 

14 2006, for: (1) training personnel in debt collection; (2) lo15 cating debtors and their property; (3) paying the net costs 

16 of selling property; and (4) tracking debts owed to the 

17 United States Government: Provided, That of the total 

18 amount appropriated, not to exceed $8,000 shall be avail19 able for official reception and representation expenses: 

20 Provided further, That not to exceed $10,000,000 of those 

21 funds available for automated litigation support contracts 

22 shall remain available until expended: Provided further, 

23 That not to exceed $2,500,000 for the operation of the 

24 National Advocacy Center shall remain available until ex25 pended: Provided further, That, in addition to reimburs26 able full-time equivalent workyears available to the Offices 
11 

S 2809 PCS 

1 of the United States Attorneys, not to exceed 11,699 full2 time equivalent workyears shall be supported from the 

3 funds appropriated in this Act for the United States At4 torneys: Provided further, That of the funds made avail5 able under this heading, $1,500,000 shall only be available 

6 to continue ‘‘Operation Streetsweeper’’: Provided further, 

7 That of the total amount appropriated, $5,000,000 shall 

8 be for Project Seahawk and shall remain available until 

9 expended. 

10 INTERAGENCY DRUG ENFORCEMENT, UNITED STATES

11 ATTORNEYS

12 For necessary expenses for the identification, inves13 tigation, and prosecution of individuals associated with the 

14 most significant drug trafficking and affiliated money 

15 laundering organizations not otherwise provided for, to in16 clude inter-governmental agreements with State and local 

17 law enforcement agencies engaged in the investigation and 

18 prosecution of individuals involved in organized crime drug 

19 trafficking, $295,409,000, of which $50,000,000 shall re20 main available until September 30, 2006: Provided, That 

21 within 90 days of enactment of this Act and thereafter, 

22 funds appropriated under this heading shall be managed 

23 and executed by the Director of the Offices of the United 

24 States Attorneys, and the Director of the Organized Crime 

25 and Drug Enforcement Task Forces shall report directly 

26 to said Director: Provided further, That any amounts obli-
12 

S 2809 PCS 

1 gated from appropriations under this heading may be used 

2 under authorities available to the organizations reim3 bursed from this appropriation: Provided further, That any 

4 unobligated balances remaining available at the end of the 

5 fiscal year shall revert to the Director of the Offices of 

6 the United States Attorneys for reallocation among par7 ticipating organizations in succeeding fiscal years, subject 

8 to the reprogramming procedures set forth in section 605 

9 of this Act. 

10 UNITED STATES TRUSTEE SYSTEM FUND

11 For necessary expenses of the United States Trustee 

12 Program, as authorized, $174,355,000, to remain avail13 able until expended and to be derived from the United 

14 States Trustee System Fund: Provided, That, notwith15 standing any other provision of law, deposits to the Fund 

16 shall be available in such amounts as may be necessary 

17 to pay refunds due depositors: Provided further, That, not18 withstanding any other provision of law, $174,355,000 of 

19 offsetting collections pursuant to 28 U.S.C. 589a(b) shall 

20 be retained and used for necessary expenses in this appro21 priation and remain available until expended: Provided 

22 further, That the sum herein appropriated from the Fund 

23 shall be reduced as such offsetting collections are received 

24 during fiscal year 2005, so as to result in a final fiscal 

25 year 2005 appropriation from the Fund estimated at $0. 
13 

S 2809 PCS 

1 FOREIGN CLAIMS SETTLEMENT COMMISSION

2 For expenses necessary to carry out the activities of 

3 the Foreign Claims Settlement Commission, including 

4 services as authorized by 5 U.S.C. 3109, $1,220,000. 

5 FEES AND EXPENSES OF WITNESSES

6 For fees and expenses of witnesses, for expenses of 

7 contracts for the procurement and supervision of expert 

8 witnesses, for private counsel expenses, including ad9 vances, $177,585,000, to remain available until expended; 

10 of which not to exceed $8,000,000 may be made available 

11 for construction of buildings for protected witness 

12 safesites; of which not to exceed $1,000,000 may be made 

13 available for the purchase and maintenance of armored ve14 hicles for transportation of protected witnesses; and of 

15 which not to exceed $7,000,000 may be made available 

16 for the purchase, installation, and maintenance and up17 grade of secure telecommunications equipment and a se18 cure automated information network to store and retrieve 

19 the identities and locations of protected witnesses. 

20 COMMUNITY RELATIONS SERVICE

21 For necessary expenses of the Community Relations 

22 Service, $9,494,000 and, in addition, up to $1,000,000 of 

23 funds made available to the Department of Justice in this 

24 Act may be transferred by the Attorney General to this 

25 account: Provided, That notwithstanding any other provi26 sion of law, upon a determination by the Attorney General 
14 

S 2809 PCS 

1 that emergent circumstances require additional funding 

2 for conflict resolution and violence prevention activities of 

3 the Community Relations Service, the Attorney General 

4 may transfer such amounts to the Community Relations 

5 Service, from available appropriations for the current fis6 cal year for the Department of Justice, as may be nec7 essary to respond to such circumstances: Provided further, 

8 That any transfer pursuant to the previous proviso shall 

9 be treated as a reprogramming under section 605 of this 

10 Act and shall not be available for obligation or expenditure 

11 except in compliance with the procedures set forth in that 

12 section. 

13 ASSETS FORFEITURE FUND

14 For expenses authorized by 28 U.S.C. 524(c)(1)(B), 

15 (F), and (G), $21,759,000, to be derived from the Depart16 ment of Justice Assets Forfeiture Fund. 

17 UNITED STATES MARSHALS SERVICE

18 SALARIES AND EXPENSES/CONSTRUCTION

19 For necessary expenses of the United States Mar20 shals Service, $744,725,000; of which not to exceed 

21 $6,000 shall be available for official reception and rep22 resentation expenses; and of which $4,000,000 for infor23 mation technology systems shall remain available until ex24 pended; of which not less than $13,130,000 shall be avail25 able for the costs of courthouse security equipment, in26 cluding furnishings, relocations, and telephone systems 
15 

S 2809 PCS 

1 and cabling, and shall remain available until September 

2 30, 2005; and of which not less than $10,096,000 shall 

3 be available for construction of United States Marshals 

4 Service prisoner-holding space in United States court5 houses and Federal buildings, including the renovation 

6 and expansion of prisoner movement areas, elevators, and 

7 sallyports, to remain available until September 30, 2007: 

8 Provided, That, in addition to reimbursable full-time 

9 equivalent workyears available to the United States Mar10 shals Service, not to exceed 4,514 positions and 4,625 full11 time equivalent workyears shall be supported from the 

12 funds appropriated in this Act for the United States Mar13 shals Service. 

14 FEDERAL BUREAU OF INVESTIGATION

15 SALARIES AND EXPENSES/CONSTRUCTION

16 (INCLUDING TRANSFER OF FUNDS)

17 For necessary expenses of the Federal Bureau of In18 vestigation for detection, investigation, and prosecution of 

19 crimes against the United States; including purchase for 

20 police-type use of not to exceed 2,988 passenger motor ve21 hicles, of which 2,619 will be for replacement only; and 

22 not to exceed $70,000 to meet unforeseen emergencies of 

23 a confidential character pursuant to 28 U.S.C. 530C, 

24 $4,990,728,000; of which not to exceed $65,000,000 for 

25 automated data processing and telecommunications and 

26 technical investigative equipment, and not to exceed 
16 

S 2809 PCS 

1 $1,000,000 for undercover operations, shall remain avail2 able until September 30, 2006; of which $1,017,000,000 

3 shall be for counterterrorism investigations, foreign coun4 terintelligence, and other activities related to our national 

5 security; of which not to exceed $20,000,000 is authorized 

6 to be made available for making advances for expenses 

7 arising out of contractual or reimbursable agreements 

8 with State and local law enforcement agencies while en9 gaged in cooperative activities related to violent crime, ter10 rorism, organized crime, cybercrime, and drug investiga11 tions; and of which not less than $21,390,000 shall be for 

12 necessary expenses to construct or acquire buildings and 

13 sites by purchase, or as otherwise authorized by law (in14 cluding equipment for such buildings); conversion and ex15 tension of federally-owned buildings; and preliminary plan16 ning and design of projects, to remain available until Sep17 tember 30, 2007: Provided, That not to exceed $200,000 

18 shall be available for official reception and representation 

19 expenses: Provided further, That $2,863,000 shall be 

20 transferred to the Department of State for the Capital Se21 curity Cost Sharing Program: Provided further, That not 

22 more than $600,000,000 (including amounts made avail23 able in this and prior year Appropriations Acts) shall be 

24 made available for the total cost to complete the develop25 ment, acquisition, and deployment of Trilogy, including 
17 

S 2809 PCS 

1 the Virtual Case File: Provided further, That up to 

2 $6,800,000 of prior year unobligated balances shall be 

3 available for the necessary expense of construction of an 

4 aviation hangar, to remain available until September 30, 

5 2006: Provided further, That of the amounts provided 

6 under this heading for counterterrorism, not less than 

7 $5,000,000 shall be available to the Investigative Tech8 nology Division for research and development on emerging 

9 technologies: Provided further, That, in addition to reim10 bursable full-time equivalent workyears available to the 

11 Federal Bureau of Investigation, not to exceed 29,793 po12 sitions and 28,888 full-time equivalent workyears shall be 

13 supported from the funds appropriated in this Act for the 

14 Federal Bureau of Investigation. 

15 FOREIGN TERRORIST TRACKING TASK FORCE/TERRORIST

16 THREAT INTEGRATION CENTER/TERRORIST SCREEN17 ING CENTER

18 For expenses necessary for the Foreign Terrorist 

19 Tracking Task Force, the Terrorist Threat Integration 

20 Center, and the Terrorist Screening Center, including sal21 aries and expenses, operations, equipment, facilities and 

22 relocations, $120,819,000: Provided, That funds appro23 priated in previous fiscal years under the heading ‘‘Fed24 eral Bureau of Investigation, Salaries and Expenses’’ may 

25 be available for activities associated with the Terrorist 

26 Threat Integration Center. 
18 

S 2809 PCS 

1 DRUG ENFORCEMENT ADMINISTRATION

2 SALARIES AND EXPENSES

3 (INCLUDING TRANSFER OF FUNDS)

4 For necessary expenses of the Drug Enforcement Ad5 ministration, including not to exceed $70,000 to meet un6 foreseen emergencies of a confidential character pursuant 

7 to 28 U.S.C. 530C; expenses for conducting drug edu8 cation and training programs, including travel and related 

9 expenses for participants in such programs and the dis10 tribution of items of token value that promote the goals 

11 of such programs; and purchase of not to exceed 1,461 

12 passenger motor vehicles, of which 1,346 will be for re13 placement only, for police-type use, $1,645,027,000; of 

14 which not to exceed $100,000 shall be for official reception 

15 and representation expenses; of which the following 

16 amounts shall remain available until September 30, 2006: 

17 not to exceed $33,000,000 for permanent change of sta18 tion, not to exceed $4,000,000 for purchase of evidence 

19 and payments for information, not to exceed $10,000,000 

20 for contracting for automated data processing and tele21 communications equipment, not to exceed $2,000,000 for 

22 laboratory equipment, not to exceed $4,000,000 for tech23 nical equipment, not to exceed $5,000,000 for construc24 tion, and not to exceed $4,000,000 for electronic investiga25 tions, including contract linguists; and of which the fol26 lowing amounts shall remain available until expended: not 
19 

S 2809 PCS 

1 to exceed $1,800,000 for research, and not to exceed 

2 $10,000,000 for the acquisition, lease, maintenance, and 

3 operation of aircraft equipment, including retrofitting and 

4 parts: Provided, That, in addition to reimbursable full5 time equivalent workyears available to the Drug Enforce6 ment Administration, not to exceed 8,446 positions and 

7 8,292 full-time equivalent workyears shall be supported 

8 from the funds appropriated in this Act for the Drug En9 forcement Administration: Provided further, That 

10 $10,153,000 shall be transferred to the Department of 

11 State for the Capital Security Cost Sharing Program: Pro12 vided further, That not to exceed $8,100,000 from prior 

13 year unobligated balances shall be for the design, con14 struction, and ownership of a Clandestine Laboratory 

15 Training Facility, to remain available until expended. 

16 BUREAU OF ALCOHOL, TOBACCO, FIREARMS AND

17 EXPLOSIVES

18 SALARIES AND EXPENSES

19 (INCLUDING TRANSFER OF FUNDS)

20 For necessary expenses of the Bureau of Alcohol, To21 bacco, Firearms and Explosives, including the purchase of 

22 not to exceed 822 vehicles for police-type use, of which 

23 650 shall be for replacement only; not to exceed $18,000 

24 for official reception and representation expenses; for 

25 training of State and local law enforcement agencies with 

26 or without reimbursement, including training in connec-
20 

S 2809 PCS 

1 tion with the training and acquisition of canines for explo2 sives and fire accelerants detection; and for provision of 

3 laboratory assistance to State and local law enforcement 

4 agencies, with or without reimbursement, $890,357,000, 

5 of which $106,000 shall be transferred to the Department 

6 of State for the Capital Security Cost Sharing Program, 

7 and of which not to exceed $1,000,000 shall be available 

8 for the payment of attorneys’ fees as provided by 18 

9 U.S.C. 924(d)(2): Provided, That no funds appropriated 

10 herein shall be available for salaries or administrative ex11 penses in connection with consolidating or centralizing, 

12 within the Department of Justice, the records, or any por13 tion thereof, of acquisition and disposition of firearms 

14 maintained by Federal firearms licensees: Provided fur15 ther, That no funds appropriated herein shall be used to 

16 pay administrative expenses or the compensation of any 

17 officer or employee of the United States to implement an 

18 amendment or amendments to 27 CFR 178.118 or to 

19 change the definition of ‘‘Curios or relics’’ in 27 CFR 

20 178.11 or remove any item from ATF Publication 

21 5300.11 as it existed on January 1, 1994: Provided fur22 ther, That none of the funds appropriated herein shall be 

23 available to investigate or act upon applications for relief 

24 from Federal firearms disabilities under 18 U.S.C. 925(c): 

25 Provided further, That such funds shall be available to in-
21 

S 2809 PCS 

1 vestigate and act upon applications filed by corporations 

2 for relief from Federal firearms disabilities under section 

3 925(c) of title 18, United States Code: Provided further, 

4 That no funds under this Act may be used to electronically 

5 retrieve information gathered pursuant to 18 U.S.C. 

6 923(g)(4) by name or any personal identification code: 

7 Provided further, That of the total amount provided under 

8 this paragraph, $5,600,000 shall be for the construction 

9 and establishment of the Federal Firearms Licensing Cen10 ter at the Bureau of Alcohol, Tobacco, Firearms and Ex11 plosives National Tracing Center Facility and shall remain 

12 available until expended. 

13 FEDERAL PRISON SYSTEM

14 SALARIES AND EXPENSES

15 For expenses necessary of the Federal Prison System 

16 for the administration, operation, and maintenance of 

17 Federal penal and correctional institutions, including pur18 chase (not to exceed 780, of which 649 are for replacement 

19 only) and hire of law enforcement and passenger motor 

20 vehicles, and for the provision of technical assistance and 

21 advice on corrections related issues to foreign govern22 ments, $4,627,696,000: Provided, That the Attorney Gen23 eral may transfer to the Health Resources and Services 

24 Administration such amounts as may be necessary for di25 rect expenditures by that Administration for medical relief 
22 

S 2809 PCS 

1 for inmates of Federal penal and correctional institutions: 

2 Provided further, That the Director of the Federal Prison 

3 System, where necessary, may enter into contracts with 

4 a fiscal agent/fiscal intermediary claims processor to de5 termine the amounts payable to persons who, on behalf 

6 of the Federal Prison System, furnish health services to 

7 individuals committed to the custody of the Federal Prison 

8 System: Provided further, That not to exceed $6,000 shall 

9 be available for official reception and representation ex10 penses: Provided further, That not to exceed $100,000,000 

11 shall remain available for necessary operations until Sep12 tember 30, 2006: Provided further, That, of the amounts 

13 provided for Contract Confinement, not to exceed 

14 $20,000,000 shall remain available until expended to 

15 make payments in advance for grants, contracts and reim16 bursable agreements, and other expenses authorized by 

17 section 501(c) of the Refugee Education Assistance Act 

18 of 1980, for the care and security in the United States 

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

20 Director of the Federal Prison System may accept donated 

21 property and services relating to the operation of the pris22 on card program from a not-for-profit entity which has 

23 operated such program in the past notwithstanding the 

24 fact that such not-for-profit entity furnishes services 

25 under contracts to the Federal Prison System relating to 
23 

S 2809 PCS 

1 the operation of pre-release services, halfway houses or 

2 other custodial facilities. 

3 BUILDINGS AND FACILITIES

4 For planning, acquisition of sites and construction of 

5 new facilities; purchase and acquisition of facilities and re6 modeling, and equipping of such facilities for penal and 

7 correctional use, including all necessary expenses incident 

8 thereto, by contract or force account; and constructing, 

9 remodeling, and equipping necessary buildings and facili10 ties at existing penal and correctional institutions, includ11 ing all necessary expenses incident thereto, by contract or 

12 force account, $189,000,000, to remain available until ex13 pended, of which not to exceed $14,000,000 shall be avail14 able to construct areas for inmate work programs: Pro15 vided, That labor of United States prisoners may be used 

16 for work performed under this appropriation: Provided 

17 further, That none of the funds appropriated to ‘‘Buildings 

18 and Facilities’’ in this or any other Act may be transferred 

19 to ‘‘Salaries and Expenses, Federal Prison System’’, or 

20 any other Department of Justice account. 

21 FEDERAL PRISON INDUSTRIES, INCORPORATED

22 The Federal Prison Industries, Incorporated, is here23 by authorized to make such expenditures, within the limits 

24 of funds and borrowing authority available, and in accord 

25 with the law, and to make such contracts and commit26 ments, without regard to fiscal year limitations as pro-
24 

S 2809 PCS 

1 vided by section 9104 of title 31, United States Code, as 

2 may be necessary in carrying out the program set forth 

3 in the budget for the current fiscal year for such corpora4 tion, including purchase (not to exceed five for replace5 ment only) and hire of passenger motor vehicles. 

6 LIMITATION ON ADMINISTRATIVE EXPENSES, FEDERAL

7 PRISON INDUSTRIES, INCORPORATED

8 Not to exceed $3,393,000 of the funds of the corpora9 tion shall be available for its administrative expenses, and 

10 for services as authorized by 5 U.S.C. 3109, to be com11 puted on an accrual basis to be determined in accordance 

12 with the corporation’s current prescribed accounting sys13 tem, and such amounts shall be exclusive of depreciation, 

14 payment of claims, and expenditures which such account15 ing system requires to be capitalized or charged to cost 

16 of commodities acquired or produced, including selling and 

17 shipping expenses, and expenses in connection with acqui18 sition, construction, operation, maintenance, improvement, 

19 protection, or disposition of facilities and other property 

20 belonging to the corporation or in which it has an interest. 

21 OFFICE OF JUSTICE PROGRAMS

22 JUSTICE ASSISTANCE

23 For grants, contracts, cooperative agreements, and 

24 other assistance authorized by title I of the Omnibus 

25 Crime Control and Safe Streets Act of 1968, as amended, 

26 and the Missing Children’s Assistance Act, as amended, 
25 

S 2809 PCS 

1 including salaries and expenses in connection therewith, 

2 and with the Victims of Crime Act of 1984, as amended, 

3 $210,875,000, to remain available until expended. 

4 STATE AND LOCAL LAW ENFORCEMENT ASSISTANCE

5 For State and local law enforcement assistance, 

6 $1,117,919,000: Provided, That the funds made available 

7 under this heading shall be subject to the same authorities 

8 as funds appropriated under this heading in title I of Divi9 sion B of Public Law 108–7: Provided further, That funds 

10 made available under this heading for the State Criminal 

11 Alien Assistance Program shall be utilized for correctional 

12 purposes: Provided further, That funds provided under this 

13 heading shall be distributed in the manner described in 

14 the following table: 

Program Amount 

Local Law Enforcement Block Grants ..................................... $55,000,000 

Boys and Girls Clubs ................................................................ $85,000,000 

State Criminal Alien Assistance Programs .............................. $220,000,000 

Southwest Border Prosecutor Initiative ................................... $30,000,000 

Assistance to Indian Tribes ...................................................... $18,000,000 

Byrne Grants (formula) ............................................................ $500,000,000 

Byrne Grants (discretionary) ................................................... $117,969,000 

Drug Courts .............................................................................. $40,000,000 

Residential Substance Abuse Treatment .................................. $25,000,000 

Missing Alzheimer’s Disease Patient Alert Program ............... $850,000 

Law Enforcement Family Support Programs .......................... $2,000,000 

Marketing Scams Against Senior Citizens ............................... $2,000,000 

Motor Vehicle Theft Prevention Programs .............................. $100,000 

State and Local Training ......................................................... $1,000,000 

State and Local Anti-Terrorism Training ................................ $11,000,000. 

15 WEED AND SEED PROGRAM FUND

16 For necessary expenses, including salaries and re17 lated expenses of the Executive Office for Weed and Seed, 

18 to implement ‘‘Weed and Seed’’ program activities, 
26 

S 2809 PCS 

1 $62,000,000, to remain available until September 30, 

2 2006, for inter-governmental agreements, including 

3 grants, cooperative agreements, and contracts, with State 

4 and local law enforcement agencies, non-profit organiza5 tions, and agencies of local government engaged in the in6 vestigation and prosecution of violent crimes and drug of7 fenses in ‘‘Weed and Seed’’ designated communities, and 

8 for either reimbursements or transfers to appropriation 

9 accounts of the Department of Justice and other Federal 

10 agencies which shall be specified by the Attorney General 

11 to execute the ‘‘Weed and Seed’’ program strategy: Pro12 vided, That funds designated by Congress through lan13 guage for other Department of Justice appropriation ac14 counts for ‘‘Weed and Seed’’ program activities shall be 

15 managed and executed by the Attorney General through 

16 the Executive Office for Weed and Seed: Provided further, 

17 That the Attorney General may direct the use of other 

18 Department of Justice funds and personnel in support of 

19 ‘‘Weed and Seed’’ program activities only after the Attor20 ney General notifies the Committees on Appropriations of 

21 the House of Representatives and the Senate in accord22 ance with section 605 of this Act: Provided further, That 

23 of the funds appropriated for the Executive Office for 

24 Weed and Seed, $2,000,000 shall be directed for com-
27 

S 2809 PCS 

1 prehensive community development training and technical 

2 assistance. 

3 COMMUNITY ORIENTED POLICING SERVICES

4 For Community Oriented Policing Services, 

5 $755,969,000: Provided, That the funds made available 

6 under this heading shall be subject to the same authorities 

7 as funds appropriated under this heading in title I of Divi8 sion B of Public Law 108–7: Provided further, That of 

9 the funds under this heading, not to exceed $2,575,000 

10 shall be available for Office of Justice Programs for reim11 bursable services: Provided further, That funds provided 

12 under this heading shall be distributed in the manner de13 scribed in the following table: 

Program Amount 

Hiring Law Enforcement Officers ............................................ $90,000,000 

Hiring School Resource Officers .............................................. $90,000,000 

Training and Technical Assistance ........................................... $20,000,000 

Law Enforcement Armor Vest ................................................. $25,000,000 

Tribal Law Enforcement .......................................................... $20,000,000 

Methamphetamine Hot Spots ................................................... $55,000,000 

Police Corps .............................................................................. $15,000,000 

Law Enforcement Technology Grants ...................................... $110,969,000 

Interoperable Communications Technology .............................. $100,000,000 

Crime Identification Technology Act ........................................ $35,000,000 

DNA Backlog Analysis and Backlog Reduction ....................... $100,000,000 

Paul Coverdell Forensic Sciences Improvement Grants ........... $20,000,000 

Reduce Gun Violence ................................................................ $15,000,000 

Offender Reentry Program ....................................................... $5,000,000 

Safe School Initiative ................................................................ $5,000,000 

Police Integrity Program .......................................................... $15,000,000 

Management and Administration ............................................. $35,000,000. 

14 JUVENILE JUSTICE PROGRAMS

15 For Juvenile Justice Programs, $360,000,000: Pro16 vided, That the funds made available under this heading 

17 shall be subject to the same authorities as funds appro-
28 

S 2809 PCS 

1 priated under this heading in title I of Division B of Public 

2 Law 108–7: Provided further, That not more than ten per3 cent of each amount may be used for research, evaluation, 

4 and statistics activities designed to benefit the programs 

5 or activities authorized: Provided further, That not more 

6 than two percent of each amount may be used for training 

7 and technical assistance: Provided further, That funds pro8 vided under this heading shall be distributed in the man9 ner described in the following table: 

Program Amount 

Part A, Concentration of Federal Efforts ................................ $3,000,000 

Part B, Formula Grants .......................................................... $85,000,000 

Part C, Discretionary Grants ................................................... $5,000,000 

Part D, Research, Evaluation, TA and Training ..................... $10,000,000 

Part E, Developing New Initiative ........................................... $80,000,000 

Part G, Juvenile Mentoring Program (JUMP) ........................ $15,000,000 

Title V, At Risk Children Programs ........................................ $20,000,000 

Title V, Tribal Youth ................................................................ $10,000,000 

Title V, Gang Prevention ......................................................... $25,000,000 

Title V, Prevention of Underage Drinking ............................... $25,000,000 

Project Sentry ........................................................................... $15,000,000 

Secure Our Schools Act ............................................................ $10,000,000 

Project Childsafe ...................................................................... $5,000,0000 

Juvenile Accountability Block Grants ...................................... $30,000,000 

Victims of Child Abuse Act ...................................................... $15,000,000. 

10 PUBLIC SAFETY OFFICERS BENEFITS

11 To remain available until expended, for payments au12 thorized by part L of title I of the Omnibus Crime Control 

13 and Safe Streets Act of 1968 (42 U.S.C. 3796), as amend14 ed, such sums as are necessary, as authorized by section 

15 6093 of Public Law 100–690 (102 Stat. 4339–4340); and 

16 $6,410,000, to remain available until expended for pay17 ments as authorized by section 1201(b) of said Act. 
29 

S 2809 PCS 

1 GENERAL PROVISIONS—DEPARTMENT OF JUSTICE

2 (INCLUDING RESCISSION)

3 SEC. 101. In addition to amounts otherwise made 

4 available in this title for official reception and representa5 tion expenses, a total of not to exceed $60,000 from funds 

6 appropriated to the Department of Justice in this title 

7 shall be available to the Attorney General for official re8 ception and representation expenses. 

9 SEC. 102. None of the funds appropriated by this 

10 title shall be available to pay for an abortion, except where 

11 the life of the mother would be endangered if the fetus 

12 were carried to term, or in the case of rape: Provided, 

13 That should this prohibition be declared unconstitutional 

14 by a court of competent jurisdiction, this section shall be 

15 null and void. 

16 SEC. 103. None of the funds appropriated under this 

17 title shall be used to require any person to perform, or 

18 facilitate in any way the performance of, any abortion. 

19 SEC. 104. Nothing in the preceding section shall re20 move the obligation of the Director of the Bureau of Pris21 ons to provide escort services necessary for a female in22 mate to receive such service outside the Federal facility: 

23 Provided, That nothing in this section in any way dimin24 ishes the effect of section 103 intended to address the phil-
30 

S 2809 PCS 

1 osophical beliefs of individual employees of the Bureau of 

2 Prisons. 

3 SEC. 105. Not to exceed 5 percent of any appropria4 tion made available for the current fiscal year for the De5 partment of Justice in this Act may be transferred be6 tween such appropriations, but no such appropriation, ex7 cept as otherwise specifically provided, shall be increased 

8 by more than 10 percent by any such transfers: Provided, 

9 That any transfer pursuant to this section shall be treated 

10 as a reprogramming of funds under section 605 of this 

11 Act and shall not be available for obligation except in com12 pliance with the procedures set forth in that section: Pro13 vided further, That transfers may not be made from 

14 ‘‘Buildings and Facilities, Federal Prison System’’ to any 

15 other Department of Justice account. 

16 SEC. 106. In addition to the amounts provided under 

17 ‘‘Salaries and Expenses, United States Attorneys’’, 

18 $15,000,000 shall be for Project Seahawk and shall re19 main available until expended. 

20 SEC. 107. For an additional amount for the ‘‘Local 

21 Law Enforcement Block Grant’’ program to be provided 

22 to the City of San Juan, Puerto Rico, $544,000. 

23 SEC. 108. The Attorney General is authorized to 

24 make permanent the Personnel Management Demonstra25 tion Project transferred to the Attorney General pursuant 
31 

S 2809 PCS 

1 to section 1115 of the Homeland Security Act of 2002, 

2 Public Law 107–296 (6 U.S.C. 533) without limitation 

3 on the number of employees or the positions covered. 

4 SEC. 109. Notwithstanding any other provision of 

5 law, Public Law 102–395 section 102(b) shall extend to 

6 the Bureau of Alcohol, Tobacco, Firearms and Explosives 

7 in the conduct of undercover investigative operations and 

8 shall apply without fiscal year limitation with respect to 

9 any undercover investigative operation initiated by the Bu10 reau of Alcohol, Tobacco, Firearms and Explosives that 

11 is necessary for the detection and prosecution of crimes 

12 against the United States. 

13 SEC. 110. Section 1344 of Title 31 of the United 

14 States Code, is amended in subsection (b) paragraph (6) 

15 by inserting after ‘‘Federal Bureau of Investigation,’’ the 

16 words ‘‘Director of the Bureau of Alcohol, Tobacco, Fire17 arms and Explosives’’. This amendment shall take effect 

18 as if enacted on January 1, 2004. 

19 SEC. 111. Funds appropriated by this Act for the 

20 Federal Prisons System shall be in the amounts and ac21 counts specified in the report accompanying this Act: Pro22 vided, That within 30 days of enactment of this Act, the 

23 Bureau of Prisons will submit a comprehensive financial 

24 plan for the Federal Prison System to the Committees on 

25 Appropriations: Provided further, That no funds appro-
32 

S 2809 PCS 

1 priated for the Federal Prison System in this or any other 

2 Appropriations Act for the construction of new facilities 

3 may be rescinded, cancelled, or used for any other pur4 pose. 

5 SEC. 112. To promote fiscal best practices through 

6 cost efficient rededication of government resources, the 

7 Bureau of Prisons shall implement a pilot program in the 

8 Southern District of Florida which would allow the Fed9 eral Public Defender to transfer government computers to 

10 the local detention facility for use by indigent defendants 

11 to review electronic discovery. These computers will be 

12 dedicated to indigent defense matters according to sched13 ules and protocols developed by the staff of the local facil14 ity in consultation with the Federal Defender and the Dis15 trict Court’s Criminal Justice Act Selection Committee. 

16 SEC. 113. None of the funds made available to the 

17 Department of Justice in this Act may be used for the 

18 purpose of transporting an individual who is a prisoner 

19 pursuant to conviction for crime under State or Federal 

20 law and is classified as a maximum or high security pris21 oner, other than to a prison or other facility certified by 

22 the Federal Bureau of Prisons as appropriately secure for 

23 housing such a prisoner. 

24 SEC. 114. (a) None of the funds appropriated by this 

25 Act may be used by Federal prisons to purchase cable tele-
33 

S 2809 PCS 

1 vision services, to rent or purchase videocassettes, video2 cassette recorders, or other audiovisual or electronic equip3 ment used primarily for recreational purposes. 

4 (b) The preceding sentence does not preclude the 

5 renting, maintenance, or purchase of audiovisual or elec6 tronic equipment for inmate training, religious, or edu7 cational programs. 

8 SEC. 115. None of the funds appropriated in this Act 

9 or any other Act shall be expended to acquire either by 

10 construction or lease a building for an interim Federal Bu11 reau of Investigation Central Records Complex, except fol12 lowing the approval of a report on site-selection for the 

13 permanent facility: Provided, That any interim facility 

14 shall be located at the site of the permanent Central 

15 Records Complex. 

16 This title may be cited as the ‘‘Department of Justice 

17 Appropriations Act, 2005’’. 
34 

S 2809 PCS 

1 TITLE II—DEPARTMENT OF COMMERCE AND 

2 RELATED AGENCIES 

3 TRADE AND INFRASTRUCTURE DEVELOPMENT 

4 RELATED AGENCIES 

5 OFFICE OF THE UNITED STATES TRADE

6 REPRESENTATIVE

7 SALARIES AND EXPENSES

8 (INCLUDING TRANSFER OF FUNDS)

9 For necessary expenses of the Office of the United 

10 States Trade Representative, including the hire of pas11 senger motor vehicles and the employment of experts and 

12 consultants as authorized by 5 U.S.C. 3109, $41,552,000, 

13 of which $1,000,000 shall remain available until expended: 

14 Provided, That not to exceed $124,000 shall be available 

15 for official reception and representation expenses: Pro16 vided further, That not less than $2,000,000 provided 

17 under this heading shall be for expenses authorized by 19 

18 U.S.C. 2451 and 1677b(c): Provided further, That nego19 tiations shall be conducted within the World Trade Orga20 nization to recognize the right of members to distribute 

21 monies collected from antidumping and countervailing du22 ties: Provided further, That there is established a position 

23 of Chief Negotiator for Intellectual Property Enforcement: 

24 Provided further, That amounts made available to the Of25 fice of the United States Trade Representative pursuant 

26 to a provision under the heading ‘‘National Intellectual 
35 

S 2809 PCS 

1 Property Law Enforcement Coordination Council’’ are for 

2 the establishment of the position of Chief Negotiator for 

3 Intellectual Property Enforcement and for operations and 

4 support costs of such position, in accordance with the pre5 vious proviso. 

6 NATIONAL INTELLECTUAL PROPERTY LAW

7 ENFORCEMENT COORDINATION COUNCIL

8 (INCLUDING TRANSFER OF FUNDS)

9 For necessary expenses of the National Intellectual 

10 Property Law Enforcement Coordination Council to co11 ordinate domestic and international intellectual property 

12 protection and law enforcement relating to intellectual 

13 property among federal and foreign entities, $20,000,000: 

14 Provided, That there shall be at the head of the National 

15 Intellectual Property Law Enforcement Coordination 

16 Council a Coordinator for International Intellectual Prop17 erty Enforcement: Provided further, That the Coordinator 

18 for International Intellectual Property Enforcement shall 

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

20 person shall serve as the Coordinator for International In21 tellectual Property Enforcement while serving in any other 

22 position in the Federal Government: Provided further, 

23 That the co-chairs of the National Intellectual Property 

24 Law Enforcement Coordination Council, as designated by 

25 Public Law 106–58, shall report to the Coordinator for 

26 International Intellectual Property Enforcement on mat-
36 

S 2809 PCS 

1 ters concerning the National Intellectual Property Law 

2 Enforcement Coordination Council: Provided further, That 

3 the National Intellectual Property Law Enforcement Co4 ordination Council shall— 

5 (1) establish policies, objectives, and priorities 

6 concerning international intellectual property protec7 tion and intellectual property law enforcement; 

8 (2) promulgate a strategy for protecting Amer9 ican intellectual property overseas; and 

10 (3) coordinate and oversee implementation by 

11 agencies with responsibilities for intellectual property 

12 protection and intellectual property law enforcement 

13 of the policies, objectives, and priorities established 

14 under paragraph (1) and the fulfillment of the re15 sponsibilities assigned to such agencies in the strat16 egy described in paragraph (2): 

17 Provided further, That the Coordinator for International 

18 Intellectual Property Enforcement shall develop for each 

19 fiscal year, with the advice of the members of the National 

20 Intellectual Property Law Enforcement Coordination 

21 Council and any other departments and agencies with re22 sponsibilities for intellectual property protection and intel23 lectual property law enforcement, a budget proposal to im24 plement the strategy described in paragraph (2) and for 

25 the operations of the National Intellectual Property Law 
37 

S 2809 PCS 

1 Enforcement Coordination Council, and shall transmit 

2 such budget proposal to the President and to the Con3 gress: Provided further, That the Coordinator for Inter4 national Intellectual Property Enforcement may select, ap5 point, employ, and fix compensation of such officers and 

6 employees as may be necessary to carry out the functions 

7 of the National Intellectual Property Law Enforcement 

8 Coordination Council: Provided further, That the Coordi9 nator for International Intellectual Property Enforcement 

10 may direct, with the concurrence of the Secretary of a de11 partment or head of an agency, the temporary reassign12 ment within the Federal Government of personnel em13 ployed by such department or agency: Provided further, 

14 That within amounts made available under this heading, 

15 $5,000,000 shall be for salaries and expenses and oper16 ations and support costs of the National Intellectual Prop17 erty Law Enforcement Coordination Council, $5,000,000 

18 shall be transferred to, and merged with, the appropria19 tions for ‘‘Office of the United States Trade Representa20 tive, Salaries and Expenses’’ to establish a position of 

21 Chief Negotiator for Intellectual Property Enforcement 

22 and related costs within 30 days of enactment of this Act, 

23 $1,000,000 shall be transferred to, and merged with, the 

24 appropriations for ‘‘Diplomatic and Consular Programs’’, 

25 Department of State, for salaries and expenses and related 
38 

S 2809 PCS 

1 costs of the Office of International Intellectual Property 

2 Protection and Enforcement within 30 days of enactment 

3 of this Act, and $9,000,000 shall be for programs that 

4 enhance enforcement of international intellectual property 

5 law and of requirements under international agreements 

6 relating to intellectual property, as determined by the Co7 ordinator for International Intellectual Property Enforce8 ment and the co-chairs and members of the National Intel9 lectual Property Law Enforcement Coordination Council. 

10 INTERNATIONAL TRADE COMMISSION

11 SALARIES AND EXPENSES

12 For necessary expenses of the International Trade 

13 Commission, including hire of passenger motor vehicles, 

14 and services as authorized by 5 U.S.C. 3109, and not to 

15 exceed $2,500 for official reception and representation ex16 penses, $61,700,000, to remain available until expended. 

17 DEPARTMENT OF COMMERCE 

18 INTERNATIONAL TRADE ADMINISTRATION

19 OPERATIONS AND ADMINISTRATION

20 (INCLUDING TRANSFER OF FUNDS)

21 For necessary expenses for international trade activi22 ties of the Department of Commerce provided for by law, 

23 and for engaging in trade promotional activities abroad, 

24 including expenses of grants and cooperative agreements 

25 for the purpose of promoting exports of United States 

26 firms, without regard to 44 U.S.C. 3702 and 3703; full 
39 

S 2809 PCS 

1 medical coverage for dependent members of immediate 

2 families of employees stationed overseas and employees 

3 temporarily posted overseas; travel and transportation of 

4 employees of the United States and Foreign Commercial 

5 Service between two points abroad, without regard to 49 

6 U.S.C. 40118; employment of Americans and aliens by 

7 contract for services; rental of space abroad for periods 

8 not exceeding 10 years, and expenses of alteration, repair, 

9 or improvement; purchase or construction of temporary 

10 demountable exhibition structures for use abroad; pay11 ment of tort claims, in the manner authorized in the first 

12 paragraph of 28 U.S.C. 2672 when such claims arise in 

13 foreign countries; not to exceed $327,000 for official rep14 resentation expenses abroad; purchase of passenger motor 

15 vehicles for official use abroad, not to exceed $30,000 per 

16 vehicle; obtaining insurance on official motor vehicles; and 

17 rental of tie lines, $401,513,000, to remain available until 

18 expended, of which $8,000,000 is to be derived from fees 

19 to be retained and used by the International Trade Admin20 istration, notwithstanding 31 U.S.C. 3302: Provided, That 

21 $4,539,000 shall be transferred to the Department of 

22 State for the Capital Security Cost Sharing Program: Pro23 vided further, That $213,865,000 shall be for the United 

24 States and Foreign Commercial Service: Provided further, 

25 That negotiations shall be conducted within the World 
40 

S 2809 PCS 

1 Trade Organization to recognize the right of members to 

2 distribute monies collected from antidumping and counter3 vailing duties: Provided further, That the provisions of the 

4 first sentence of section 105(f) and all of section 108(c) 

5 of the Mutual Educational and Cultural Exchange Act of 

6 1961 (22 U.S.C. 2455(f) and 2458(c)) shall apply in car7 rying out these activities without regard to section 5412 

8 of the Omnibus Trade and Competitiveness Act of 1988 

9 (15 U.S.C. 4912); and that for the purpose of this Act, 

10 contributions under the provisions of the Mutual Edu11 cational and Cultural Exchange Act of 1961 shall include 

12 payment for assessments for services provided as part of 

13 these activities. 

14 BUREAU OF INDUSTRY AND SECURITY

15 OPERATIONS AND ADMINISTRATION

16 For necessary expenses for export administration and 

17 national security activities of the Department of Com18 merce, including costs associated with the performance of 

19 export administration field activities both domestically and 

20 abroad; full medical coverage for dependent members of 

21 immediate families of employees stationed overseas; em22 ployment of Americans and aliens by contract for services 

23 abroad; payment of tort claims, in the manner authorized 

24 in the first paragraph of 28 U.S.C. 2672 when such claims 

25 arise in foreign countries; not to exceed $15,000 for offi-
41 

S 2809 PCS 

1 cial representation expenses abroad; awards of compensa2 tion to informers under the Export Administration Act of 

3 1979, and as authorized by 22 U.S.C. 401(b); and pur4 chase of passenger motor vehicles for official use and 

5 motor vehicles for law enforcement use with special re6 quirement vehicles eligible for purchase without regard to 

7 any price limitation otherwise established by law, 

8 $70,872,000, to remain available until expended: of which 

9 $7,200,000 shall be for inspections and other activities re10 lated to national security: Provided, That the provisions 

11 of the first sentence of section 105(f) and all of section 

12 108(c) of the Mutual Educational and Cultural Exchange 

13 Act of 1961 (22 U.S.C. 2455(f) and 2458(c)) shall apply 

14 in carrying out these activities: Provided further, That 

15 payments and contributions collected and accepted for ma16 terials or services provided as part of such activities may 

17 be retained for use in covering the cost of such activities, 

18 and for providing information to the public with respect 

19 to the export administration and national security activi20 ties of the Department of Commerce and other export con21 trol programs of the United States and other govern22 ments. 
42 

S 2809 PCS 

1 ECONOMIC DEVELOPMENT ADMINISTRATION

2 ECONOMIC DEVELOPMENT ASSISTANCE PROGRAMS

3 For grants for economic development assistance as 

4 provided by the Public Works and Economic Development 

5 Act of 1965, and for trade adjustment assistance, 

6 $285,083,000, to remain available until expended. 

7 SALARIES AND EXPENSES

8 For necessary expenses of administering the eco9 nomic development assistance programs as provided for by 

10 law, $30,400,000: Provided, That these funds may be used 

11 to monitor projects approved pursuant to title I of the 

12 Public Works Employment Act of 1976, title II of the 

13 Trade Act of 1974, and the Community Emergency 

14 Drought Relief Act of 1977. 

15 MINORITY BUSINESS DEVELOPMENT AGENCY

16 MINORITY BUSINESS DEVELOPMENT

17 For necessary expenses of the Department of Com18 merce in fostering, promoting, and developing minority 

19 business enterprise, including expenses of grants, con20 tracts, and other agreements with public or private organi21 zations, $31,555,000. 
43 

S 2809 PCS 

1 ECONOMIC AND INFORMATION 

2 INFRASTRUCTURE 

3 ECONOMIC AND STATISTICAL ANALYSIS

4 SALARIES AND EXPENSES

5 For necessary expenses, as authorized by law, of eco6 nomic and statistical analysis programs of the Department 

7 of Commerce, $81,764,000, to remain available until Sep8 tember 30, 2006. 

9 BUREAU OF THE CENSUS

10 SALARIES AND EXPENSES

11 For expenses necessary for collecting, compiling, ana12 lyzing, preparing, and publishing statistics, provided for 

13 by law, $174,304,000. 

14 PERIODIC CENSUSES AND PROGRAMS

15 For nessary expenses related to the 2010 decennial 

16 census, $250,611,000, to remain available until September 

17 30, 2005: Provided, That none of the funds provided in 

18 this or any previous Act, or hereafter made available to 

19 the Department of Commerce, shall be available to reim20 burse the Unemployment Trust Fund or any other fund 

21 or account of the Treasury to pay for any expenses for 

22 services performed by individuals appointed to temporary 

23 positions within the Bureau of the Census for purposes 

24 relating to the decennial censuses of population. 

25 In addition, for expenses to collect and publish statis26 tics for other periodic censuses and programs provided for 
44 

S 2809 PCS 

1 by law, $180,853,000, to remain available until September 

2 30, 2005. 

3 NATIONAL TELECOMMUNICATIONS AND INFORMATION

4 ADMINISTRATION

5 SALARIES AND EXPENSES

6 For necessary expenses, as provided for by law, of 

7 the National Telecommunications and Information Ad8 ministration (NTIA), $21,583,000, to remain available 

9 until September 30, 2006: Provided, That, notwith10 standing 31 U.S.C. 1535(d), the Secretary of Commerce 

11 shall charge Federal agencies for costs incurred in spec12 trum management, analysis, and operations, and related 

13 services and such fees shall be retained and used as offset14 ting collections for costs of such spectrum services, to re15 main available until expended: Provided further, That the 

16 Secretary of Commerce is authorized to retain and use as 

17 offsetting collections all funds transferred, or previously 

18 transferred, from other Government agencies for all costs 

19 incurred in telecommunications research, engineering, and 

20 related activities by the Institute for Telecommunication 

21 Sciences of NTIA, in furtherance of its assigned functions 

22 under this paragraph, and such funds received from other 

23 Government agencies shall remain available until ex24 pended. 
45 

S 2809 PCS 

1 PUBLIC TELECOMMUNICATIONS FACILITIES, PLANNING

2 AND CONSTRUCTION

3 For the administration of grants authorized by sec4 tion 392 of the Communications Act of 1934, 

5 $21,769,000, to remain available until expended as au6 thorized by section 391 of the Act: Provided, That not to 

7 exceed $2,000,000 shall be available for program adminis8 tration as authorized by section 391 of the Act: Provided 

9 further, That, notwithstanding the provisions of section 

10 391 of the Act, the prior year unobligated balances may 

11 be made available for grants for projects for which appli12 cations have been submitted and approved during any fis13 cal year. 

14 INFORMATION INFRASTRUCTURE GRANTS

15 For grants authorized by section 392 of the Commu16 nications Act of 1934, $14,842,000, to remain available 

17 until expended as authorized by section 391 of the Act: 

18 Provided, That not to exceed $3,000,000 shall be available 

19 for program administration and other support activities 

20 as authorized by section 391: Provided further, That, of 

21 the funds appropriated herein, not to exceed 5 percent 

22 may be available for telecommunications research activi23 ties for projects related directly to the development of a 

24 national information infrastructure: Provided further, 

25 That, notwithstanding the requirements of sections 392(a) 

26 and 392(c) of the Act, these funds may be used for the 
46 

S 2809 PCS 

1 planning and construction of telecommunications networks 

2 for the provision of educational, health care, or public in3 formation: Provided further, That, notwithstanding any 

4 other provision of law, no entity that receives tele5 communications services at preferential rates under sec6 tion 254(h) of the Act (47 U.S.C. 254(h)) or receives as7 sistance under the regional information sharing systems 

8 grant program of the Department of Justice under part 

9 M of title I of the Omnibus Crime Control and Safe 

10 Streets Act of 1968 (42 U.S.C. 3796h) may use funds 

11 under a grant under this heading to cover any costs of 

12 the entity that would otherwise be covered by such pref13 erential rates or such assistance, as the case may be. 

14 UNITED STATES PATENT AND TRADEMARK OFFICE

15 SALARIES AND EXPENSES

16 (INCLUDING TRANSFER OF FUNDS)

17 For necessary expenses of the United States Patent 

18 and Trademark Office provided for by law, including de19 fense of suits instituted against the Under Secretary of 

20 Commerce for Intellectual Property and Director of the 

21 United States Patent and Trademark Office, 

22 $1,336,000,000, to remain available until expended, which 

23 amount shall be derived from offsetting collections as24 sessed and collected pursuant to 15 U.S.C. 1113 and 35 

25 U.S.C. 41 and 376, and may be retained and used for 

26 necessary expenses of the United States Patent and 
47 

S 2809 PCS 

1 Trademark Office and related activities: Provided, That 

2 the sum herein appropriated from the general fund shall 

3 be reduced as such offsetting collections are received dur4 ing fiscal year 2005, so as to result in a fiscal year 2005 

5 appropriation from the general fund estimated at $0: Pro6 vided further, That during fiscal year 2005, should the 

7 amount of offsetting fees collected under this paragraph 

8 be less than $1,356,000,000, this amount of 

9 $1,356,000,000 shall be reduced accordingly: Provided 

10 further, That from amounts provided herein, not to exceed 

11 $1,000 shall be made available in fiscal year 2005 for offi12 cial reception and representation expenses: Provided fur13 ther, That of amounts made available under this heading, 

14 $20,000,000 shall only be available for initiatives to pro15 tect United States intellectual property overseas: Provided 

16 further, That fees authorized by title VII of this Act may 

17 be collected and credited to this account as offsetting fee 

18 collections: Provided further, That not to exceed 

19 $208,754,000 derived from such offsetting fee collections 

20 shall be available until expended for necessary expenses 

21 of the United States Patent and Trademark Office and 

22 related activities: Provided further, That the total amount 

23 appropriated from fees collected in fiscal year 2005, in24 cluding such increased fees, shall not exceed 

25 $1,564,754,000: Provided further, That beginning in fiscal 
48 

S 2809 PCS 

1 year 2005, from the amounts made available for ‘‘Salaries 

2 and Expenses’’ for the United States Patent and Trade3 mark Office (PTO), the amounts necessary to pay (1) the 

4 difference between the percentage of basic pay contributed 

5 by the PTO and employees under section 8334(a) of title 

6 5, United States Code, and the normal cost percentage 

7 (as defined by section 8331(17) of that title) of basic pay, 

8 of employees subject to subchapter III of chapter 83 of 

9 that title; and (2) the present value of the otherwise un10 funded accruing costs, as determined by the Office of Per11 sonnel Management, of post-retirement life insurance and 

12 postretirement health benefits coverage for all PTO em13 ployees, shall be transferred to the Civil Service Retire14 ment and Disability Fund, the Employees Life Insurance 

15 Fund, and the Employees Health Benefits Fund, as ap16 propriate, and shall be available for the authorized pur17 poses of those accounts. 

18 SCIENCE AND TECHNOLOGY 

19 TECHNOLOGY ADMINISTRATION

20 SALARIES AND EXPENSES

21 For necessary expenses for the Under Secretary for 

22 Technology Office of Technology Policy, $6,407,000: Pro23 vided, That section 8(a) of the Technology Administration 

24 Act of 1998 (15 U.S.C. 1511e(a)) is amended by deleting 

25 ‘‘Technology Administration of’’ after ‘‘within the’’. 
49 

S 2809 PCS 

1 NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY

2 SCIENTIFIC AND TECHNICAL RESEARCH AND SERVICES

3 For necessary expenses of the National Institute of 

4 Standards and Technology, $383,892,000, to remain 

5 available until expended, of which not to exceed 

6 $14,800,000 may be transferred to the ‘‘Working Capital 

7 Fund’’. 

8 INDUSTRIAL TECHNOLOGY SERVICES

9 For necessary expenses of the Manufacturing Exten10 sion Partnership of the National Institute of Standards 

11 and Technology, $112,000,000, to remain available until 

12 expended: Provided, That the Secretary of Commerce shall 

13 not recompete any existing Manufacturing Extension 

14 Partnership Center prior to 2007. 

15 In addition, for necessary expenses of the Advanced 

16 Technology Program of the National Institute of Stand17 ards and Technology, $203,000,000, to remain available 

18 until expended, of which $60,700,000 shall be expended 

19 for the award of new grants before September 30, 2005. 

20 CONSTRUCTION OF RESEARCH FACILITIES

21 For construction of new research facilities, including 

22 architectural and engineering design, and for renovation 

23 and maintenance of existing facilities, not otherwise pro24 vided for the National Institute of Standards and Tech25 nology, as authorized by 15 U.S.C. 278c–278e, 

26 $86,071,000, to remain available until expended. 
50 

S 2809 PCS 

1 NATIONAL OCEANIC AND ATMOSPHERIC

2 ADMINISTRATION

3 OPERATIONS, RESEARCH, FACILITIES AND SYSTEMS

4 ACQUISITION

5 (INCLUDING TRANSFER OF FUNDS)

6 For necessary expenses of activities authorized by law 

7 for the National Oceanic and Atmospheric Administration, 

8 including maintenance, operation, and hire of aircraft and 

9 vessels; grants, contracts, or other payments to nonprofit 

10 organizations for the purposes of conducting activities 

11 pursuant to cooperative agreements; relocation of facilities 

12 and acquisition and construction of capital assets, 

13 $4,052,646,000, to remain available until September 30, 

14 2009, of which $3,000,000 shall be derived by transfer 

15 from the fund entitled ‘‘Coastal Zone Management’’ and 

16 in addition $57,000,000 shall be derived by transfer from 

17 the fund entitled ‘‘Promote and Develop Fishery Products 

18 and Research Pertaining to American Fisheries’’: Pro19 vided, That fees and donations received for the manage20 ment of the national marine sanctuaries may be retained 

21 and used for the salaries and expenses associated with 

22 those activities, notwithstanding 31 U.S.C. 3302: Provided 

23 further, That grants to States pursuant to sections 306 

24 and 306A of the Coastal Zone Management Act of 1972, 

25 as amended, shall not exceed $2,000,000, unless funds 

26 provided for ‘‘Coastal Zone Management Grants’’ exceed 
51 

S 2809 PCS 

1 funds provided in the previous fiscal year: Provided fur2 ther, That if funds provided for ‘‘Coastal Zone Manage3 ment Grants’’ exceed funds provided in the previous fiscal 

4 year, then no State shall receive more than 5 percent or 

5 less than 1 percent of the additional funds: Provided fur6 ther, That, of the $4,112,646,000 provided for in direct 

7 obligations under this heading, $1,548,498,000 shall be 

8 for Ecosystems Forecasting and Management, 

9 $56,983,000 shall be for Ocean Exploration, 

10 $408,181,000 shall be for Climate Programs, 

11 $1,362,704,000 shall be for Weather and Water Pro12 grams, $287,402,000 shall be for Commerce and Trans13 portation, and $448,878,000 shall be for NOAA-Wide 

14 Programs: Provided further, That no general administra15 tive charge shall be applied against an assigned activity 

16 included in this Act or the report accompanying this Act, 

17 except for additional costs above the fiscal year 2004 level 

18 of $2,600,000 for automating and modernizing the NOAA 

19 grant processing systems: Provided further, That pay20 ments of funds made available under this heading to the 

21 Department of Commerce Working Capital Fund includ22 ing Department of Commerce General Counsel legal serv23 ices shall not exceed $39,000,000: Provided further, That 

24 none of the funds under this heading are available to alter 

25 the existing structure, organization, function, and funding 
52 

S 2809 PCS 

1 of the National Marine Fisheries Service Southwest Re2 gion and Fisheries Science Center and Northwest Region 

3 and Fisheries Science Center: Provided further, That not4 withstanding any other provision of law, $600,000 shall 

5 be available only for the National Oceanic and Atmos6 pheric Administration Office of Space Commercialization: 

7 Provided further, That the personnel management dem8 onstration project established at the National Oceanic and 

9 Atmospheric Administration pursuant to 5 U.S.C. 4703 

10 may be expanded by 3,500 full-time positions to include 

11 up to 6,925 full time positions and may be extended in12 definitely: Provided further, That none of the funds in this 

13 Act may be used for the National Oceanic and Atmos14 pheric Administration to implement the Department of 

15 Commerce’s E-Government initiatives: Provided further, 

16 That hereafter the Administrator of the National Oceanic 

17 and Atmospheric Administration may engage in formal 

18 and informal education activities, including primary and 

19 secondary education, related to the agency’s mission goals: 

20 Provided further, That section 515 of Public Law 106– 

21 554 and any regulations and guidelines promulgated 

22 under such authority shall not apply on or after the date 

23 of enactment to research and data collection, or informa24 tion analysis conducted by or for the National Oceanic and 

25 Atmospheric Administration: Provided further, That, not-
53 

S 2809 PCS 

1 withstanding any other provision of law, the authorities 

2 provided to National Aeronautics and Space Administra3 tion pursuant to 42 U.S.C. 2473 shall be available to the 

4 National Oceanic and Atmospheric Administration in the 

5 furtherance of its oceanic, atmospheric and space mission 

6 and programs: Provided further, That beginning in fiscal 

7 year 2006 and for each fiscal year thereafter, the Sec8 retary of Commerce shall include in the budget justifica9 tion materials that the Secretary submits to Congress in 

10 support of the Department of Commerce budget (as sub11 mitted with the budget of the President under section 

12 1105(a) of title 31, 10 United States Code) an estimate 

13 for each National Oceanic and Atmospheric Administra14 tion procurement, acquisition and construction program 

15 having a total multiyear program cost of more than 

16 $5,000,000 and simultaneously the budget justification 

17 materials shall include an estimate of the budgetary re18 quirements for each such program for each of the five sub19 sequent fiscal years: Provided further, That the obligated 

20 balance of such sums shall remain available through Sep21 tember 30, 2011 for liquidating obligations made in fiscal 

22 years 2003 and 2004. 

23 In addition, for necessary retired pay expenses under 

24 the Retired Serviceman’s Family Protection and Survivor 

25 Benefits Plan, and for payments for medical care of re-
54 

S 2809 PCS 

1 tired personnel and their dependents under the Depend2 ents Medical Care Act (10 U.S.C. ch. 55), such sums as 

3 may be necessary. 

4 PACIFIC COASTAL SALMON RECOVERY

5 For necessary expenses associated with the restora6 tion of Pacific salmon populations, $99,000,000: Provided, 

7 That Section 628(2)(A) of the Departments of Commerce, 

8 Justice, and State, the Judiciary and Related Agencies 

9 Appropriations Act, 2001 (16 U.S.C. 3645) is amended— 

10 (1) by striking ‘‘2000, 2001, 2002, and 2003’’ 

11 and inserting ‘‘2005, and 2006’’, 

12 (2) by striking ‘‘$90,000,000’’ and inserting 

13 ‘‘$99,000,000’’, and 

14 (3) by inserting ‘‘Idaho,’’ after ‘‘Oregon,’’. 

15 COASTAL ZONE MANAGEMENT FUND

16 Of amounts collected pursuant to section 308 of the 

17 Coastal Zone Management Act of 1972 (16 U.S.C. 

18 1456a), not to exceed $3,000,000 shall be transferred to 

19 the ‘‘Operations, Research and Facilities’’ account to off20 set the costs of implementing such Act. 

21 FISHERMEN’S CONTINGENCY FUND

22 For carrying out the provisions of title IV of Public 

23 Law 95–372, not to exceed $956,000, to be derived from 

24 receipts collected pursuant to that Act, to remain available 

25 until expended. 
55 

S 2809 PCS 

1 FOREIGN FISHING OBSERVER FUND

2 For expenses necessary to carry out the provisions 

3 of the Atlantic Tunas Convention Act of 1975, as amend4 ed (Public Law 96–339), the Magnuson-Stevens Fishery 

5 Conservation and Management Act of 1976, as amended 

6 (Public Law 100–627), and the American Fisheries Pro7 motion Act (Public Law 96–561), to be derived from the 

8 fees imposed under the foreign fishery observer program 

9 authorized by these Acts, not to exceed $191,000, to re10 main available until expended. 

11 FISHERIES FINANCE PROGRAM ACCOUNT

12 For the costs of direct loans, $287,000, as authorized 

13 by the Merchant Marine Act of 1936: Provided, That such 

14 costs, including the cost of modifying such loans, shall be 

15 as defined in the Federal Credit Reform Act of 1990: Pro16 vided further, That these funds are only available to sub17 sidize gross obligations for the principal amount of direct 

18 loans not to exceed $5,000,000 for Individual Fishing 

19 Quota loans, and not to exceed $59,000,000 for traditional 

20 direct loans, of which $40,000,000 may be used for direct 

21 loans to the United States distant water tuna fleet, and 

22 of which $19,000,000 may be used for direct loans to the 

23 United States menhaden fishery: Provided further, That 

24 none of the funds made available under this heading may 

25 be used for direct loans for any new fishing vessel that 
56 

S 2809 PCS 

1 will increase the harvesting capacity in any United States 

2 fishery. 

3 OTHER 

4 DEPARTMENTAL MANAGEMENT

5 SALARIES AND EXPENSES

6 For expenses necessary for the departmental manage7 ment of the Department of Commerce provided for by law, 

8 including not to exceed $5,000 for official entertainment, 

9 $55,550,000: Provided, That of the funds under this head10 ing, not less than $3,000,000 shall be available for the 

11 installation of a security fence and related improvements 

12 at the Commerce Department installation in Boulder, Col13 orado. 

14 UNITED STATES TRAVEL AND TOURISM PROMOTION

15 ADVISORY BOARD

16 For necessary expenses of the United States Travel 

17 and Tourism Promotion Advisory Board, as authorized by 

18 section 210 of Public Law 108–7, for programs promoting 

19 travel to the United States including grants, contracts, co20 operative agreements and related costs, $20,000,000, to 

21 remain available until September 30, 2006: Provided, 

22 That the Secretary of Commerce shall apportion and obli23 gate these funds to the United States Travel and Tourism 

24 Promotion Advisory Board by not later than December 31, 

25 2004. 
57 

S 2809 PCS 

1 OFFICE OF THE INSPECTOR GENERAL

2 For necessary expenses of the Office of Inspector 

3 General in carrying out the provisions of the Inspector 

4 General Act of 1978 (5 U.S.C. App.), $21,071,000. 

5 GENERAL PROVISIONS, DEPARTMENT OF COMMERCE

6 SEC. 201. During the current fiscal year, applicable 

7 appropriations and funds made available to the Depart8 ment of Commerce by this Act shall be available for the 

9 activities specified in the Act of October 26, 1949 (15 

10 U.S.C. 1514), to the extent and in the manner prescribed 

11 by the Act, and, notwithstanding 31 U.S.C. 3324, may 

12 be used for advanced payments not otherwise authorized 

13 only upon the certification of officials designated by the 

14 Secretary of Commerce that such payments are in the 

15 public interest. 

16 SEC. 202. During the current fiscal year, appropria17 tions made available to the Department of Commerce by 

18 this Act for salaries and expenses shall be available for 

19 hire of passenger motor vehicles as authorized by 31 

20 U.S.C. 1343 and 1344; services as authorized by 5 U.S.C. 

21 3109; and uniforms or allowances therefore, as authorized 

22 by law (5 U.S.C. 5901–5902). 

23 SEC. 203. Not to exceed 5 percent of any appropria24 tion made available for the current fiscal year for the De25 partment of Commerce in this Act may be transferred be-
58 

S 2809 PCS 

1 tween such appropriations, but no such appropriation shall 

2 be increased by more than 10 percent by any such trans3 fers: Provided, That any transfer pursuant to this section 

4 shall be treated as a reprogramming of funds under sec5 tion 605 of this Act and shall not be available for obliga6 tion or expenditure except in compliance with the proce7 dures set forth in that section: Provided further, That the 

8 Secretary of Commerce shall notify the Committees on Ap9 propriations at least 15 days in advance of the acquisition 

10 or disposal of any capital asset (including land, structures, 

11 and equipment) not specifically provided for in this or any 

12 other Departments of Commerce, Justice, and State, the 

13 Judiciary, and Related Agencies Appropriations Act: Pro14 vided further, That for the National Oceanic and Atmos15 pheric Administration this section shall provide for trans16 fers among appropriations made only to the National Oce17 anic and Atmospheric Administration and such appropria18 tions may not be transferred and reprogrammed to other 

19 Department of Commerce bureaus and appropriation ac20 counts. 

21 SEC. 204. Any costs incurred by a department or 

22 agency funded under this title resulting from personnel 

23 actions taken in response to funding reductions included 

24 in this title or from actions taken for the care and protec25 tion of loan collateral or grant property shall be absorbed 
59 

S 2809 PCS 

1 within the total budgetary resources available to such de2 partment or agency: Provided, That the authority to trans3 fer funds between appropriations accounts as may be nec4 essary to carry out this section is provided in addition to 

5 authorities included elsewhere in this Act: Provided fur6 ther, That use of funds to carry out this section shall be 

7 treated as a reprogramming of funds under section 605 

8 of this Act and shall not be available for obligation or ex9 penditure except in compliance with the procedures set 

10 forth in that section. 

11 SEC. 205. Of the amount available from the fund en12 titled ‘‘Promote and Develop Fishery Products and Re13 search Pertaining to American Fisheries’’, $15,000,000 

14 shall be provided to the Alaska Fisheries Marketing 

15 Board, $2,000,000 shall be available to the Gulf and 

16 South Atlantic Fisheries Foundation for its ‘‘Wild Amer17 ican Shrimp Marketing Program’’, $2,000,000 shall be 

18 available to the South Carolina Seafood Alliance and 

19 $1,000,000 shall be available for the Gulf Oyster Industry 

20 Education Program: Provided, That (1) the Alaska Fish21 eries Marketing Board (hereinafter ‘‘the Board’’) shall be 

22 a nonprofit organization and not an agency or establish23 ment of the United States, (2) the Secretary may appoint, 

24 assign, or otherwise designate as Executive Director an 

25 employee of the Department of Commerce, who may serve 
60 

S 2809 PCS 

1 in an official capacity in such position, with or without 

2 reimbursement, and such appointment or assignment shall 

3 be without interruption or loss of civil service status or 

4 privilege, and (3) the Board may adopt bylaws consistent 

5 with the purposes of this section, and may undertake other 

6 acts necessary to carry out the provisions of this section. 

7 SEC. 206. (a) The Secretary of Commerce is author8 ized to operate a marine laboratory in South Carolina in 

9 accordance with a memorandum of agreement, including 

10 any future amendments, among the National Oceanic and 

11 Atmospheric Administration, the National Institute of 

12 Standards and Technology, the State of South Carolina, 

13 the Medical University of South Carolina, and the College 

14 of Charleston as a partnership for collaborative, inter15 disciplinary marine scientific research. 

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

17 partners in the Laboratory may accept, apply for, use, and 

18 spend Federal, State, private and grant funds as nec19 essary to further the mission of the Laboratory without 

20 regard to the source or of the period of availability of these 

21 funds and may apply for and hold patents, as well as share 

22 personnel, facilities, and property. Any funds collected or 

23 accepted by any partner may be used to offset all or por24 tions of its costs, including overhead, without regard to 

25 31 U.S.C. section 143302(b); to reimburse other partici-
61 

S 2809 PCS 

1 pating agencies for all or portions of their costs; and to 

2 fund research and facilities expansion. Funds for manage3 ment and operation of the Laboratory may be used to sus4 tain basic laboratory operations for all participating enti5 ties. The Secretary of Commerce is authorized to charge 

6 fees and enter into contracts, grants, cooperative agree7 ments and other arrangements with Federal, State, pri8 vate entities, and other entities, domestic and foreign, to 

9 further the mission of the Laboratory. Any funds collected 

10 from such fees or arrangements shall be used to support 

11 cooperative research, basic operations, and facilities en12 hancement at the Laboratory. 

13 SEC. 207. Funds made available for salaries and ad14 ministrative expenses to administer the Emergency Steel 

15 Loan Guarantee Program in section 211(b) of Public Law 

16 108–199 shall remain available until expended. 

17 SEC. 208. The Secretary of Commerce shall consider 

18 fish harvested during a survey for the sablefish fisheries 

19 in the Bering Sea/Aleutian Islands and Gulf of Alaska 

20 during the base period from 1985 to 1990 to count toward 

21 a vessel’s catch history under the sablefish Individual 

22 Fishing Quota program: Provided, That such catch history 

23 shall not be in addition to the total allowable catch estab24 lished for the program and inclusion of such catch shall 

25 not result in overfishing in the industry. Vessel catch his-
62 

S 2809 PCS 

1 tory determined under this provision shall be applied to 

2 the owner of the vessel in 1995. 

3 SEC. 209. A fishing capacity reduction program for 

4 the Southeast Alaska purse seine fishery is authorized to 

5 be financed through a capacity reduction loan of 

6 $20,000,000 pursuant to sections 1111 and 1112 of title 

7 XI of the Merchant Marine Act of 1936 (46 U.S.C. App. 

8 1279f and 1279g) subject to the conditions of this section. 

9 In accordance with the Federal Credit Reform Act of 

10 1990, 2 U.S.C. § 661 et seq., $200,000 is hereby appro11 priated for the cost of guaranteeing the loan authorized 

12 by this section. The loan shall be to the Southeast Revital13 ization Association and with a term of 30 years, except 

14 that the amount to be repaid in any one year shall not 

15 exceed 2 percent of the total value of salmon landed in 

16 the fishery and such repayment shall begin with salmon 

17 landed after January 1, 2006. 

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

19 amended by adding ‘‘(7) The Coordinator for Inter20 national Intellectual Property Enforcement.’’ after 

21 ‘‘Under Secretary of Commerce for International Trade.’’. 

22 SEC. 211. Notwithstanding any other provision of 

23 law, of the amounts made available elsewhere in this title 

24 to the ‘‘National Institute of Standards and Technology, 

25 Construction of Research Facilities’’, $20,000,000 is for 
63 

S 2809 PCS 

1 a cooperative agreement with the Medical University of 

2 South Carolina; $10,000,000 is for the Cancer Research 

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

4 of Engineering, of which $1,000,000 is for a biomass en5 ergy research project, $2,000,000 is for a smart laser 

6 beam project, and $1,000,000 is for research relating to 

7 biomaterials; $1,000,000 is for civic education programs 

8 at the New Hampshire Institute of Politics; $1,500,000 

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

10 is for the Southern New Hampshire University School of 

11 Community Economic Development; and $5,000,000 is for 

12 the Boston Museum of Science. 

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

14 amended by striking ‘‘and 2005’’ and inserting ‘‘2005, 

15 2006, and 2007’’. 

16 SEC. 213. Notwithstanding any other Federal law re17 lated to the conservation and management of marine 

18 mammals, the State of Hawaii may enforce any State law 

19 or regulation with respect to the operation in State waters 

20 of recreational and commercial vessels, for the purpose of 

21 conservation and management of humpback whales, to the 

22 extent that such law or regulation is no less restrictive 

23 than Federal law. 

24 SEC. 214. ESTABLISHMENT OF THE ERNEST F. 

25 HOLLINGS SCHOLARSHIP PROGRAM. (a) ESTABLISH-
64 

S 2809 PCS 

1 MENT.—The Administrator of the National Oceanic and 

2 Atmospheric Administration shall establish and admin3 ister the Ernest F. Hollings Scholarship Program. Under 

4 the program, the Administrator shall award scholarships 

5 in oceanic and atmospheric science, research, technology, 

6 and education to be known as Ernest F. Hollings Scholar7 ships. 

8 (b) PURPOSES.—The purposes of the Ernest F. Hol9 lings Scholarships Program are— 

10 (1) to increase undergraduate training in oce11 anic and atmospheric science, research, technology, 

12 and education and foster multidisciplinary training 

13 opportunities; 

14 (2) to increase public understanding and sup15 port for stewardship of the ocean and atmosphere 

16 and improve environmental literacy; and 

17 (3) to recruit and prepare students for public 

18 service careers with the National Oceanic and At19 mospheric Administration and other natural re20 source and science agencies at the Federal, State 

21 and Local levels of government; and 

22 (4) to recruit and prepare students for careers 

23 as teachers and educators in oceanic and atmos24 pheric science and to improve scientific and environ25 mental education in the United States. 
65 

S 2809 PCS 

1 (c) AWARD.—Each Ernest F. Hollings Scholarship— 

2 (1) shall be used to support undergraduate 

3 studies in oceanic and atmospheric science, research, 

4 technology, and education that support the purposes 

5 of the programs and missions of the National Oce6 anic and Atmospheric Administration; 

7 (2) shall recognize outstanding scholarship and 

8 ability; 

9 (3) shall promote participation by groups 

10 underrepresented in oceanic and atmospheric science 

11 and technology; and 

12 (4) shall be awarded competitively in accord13 ance with guidelines issued by the Administrator and 

14 published in the Federal Register. 

15 (d) ELIGIBILITY.—In order to be eligible to partici16 pate in the program, an individual must— 

17 (1) be enrolled or accepted for enrollment as a 

18 full-time student at an institution of higher edu19 cation (as defined in section 101(a) of the Higher 

20 Education Act of 1965) in an academic field or dis21 cipline described in subsection (c); 

22 (2) be a United States citizen; 

23 (3) not have received a scholarship under this 

24 section for more than 4 academic years, unless the 

25 Administrator grants a waiver; and 
66 

S 2809 PCS 

1 (4) submit an application at such time, in such man2 ner, and containing such information, agreements, or as3 surances as the Administrator may require. 

4 (e) DISTRIBUTION OF FUNDS.—The amount of each 

5 Ernest F. Hollings Scholarship shall be provided directly 

6 to a recipient selected by the Administrator upon receipt 

7 of certification that the recipient will adhere to a specific 

8 and detailed plan of study and research approved by an 

9 institution of higher education. 

10 (f) FUNDING.—Of the total amount appropriated for 

11 fiscal year 2005 and annually hereafter to the National 

12 Oceanic and Atmospheric Administration, the Adminis13 trator shall make available for the Ernest F. Hollings 

14 Scholarship program one-tenth of one percent of such ap15 propriations. 

16 (g) SCHOLARSHIP REPAYMENT REQUIREMENT.— 

17 The Administrator shall require an individual receiving a 

18 scholarship under this section to repay the full amount 

19 of the scholarship to the National Oceanic and Atmos20 pheric Administration if the Administrator determines 

21 that the individual, in obtaining or using the scholarship, 

22 engaged in fraudulent conduct or failed to comply with 

23 any term or condition of the scholarship. Such repayments 

24 shall be deposited in the NOAA Operations, Research, Fa25 cilities and Systems Acquisition Appropriations Account 
67 

S 2809 PCS 

1 and treated as an offsetting collection and only be avail2 able for financing additional scholarships. 

3 This title may be cited as the ‘‘Department of Com4 merce and Related Agencies Appropriations Act, 2005’’. 

5 TITLE III—THE JUDICIARY 

6 SUPREME COURT OF THE UNITED STATES

7 SALARIES AND EXPENSES

8 For expenses necessary for the operation of the Su9 preme Court, as required by law, excluding care of the 

10 building and grounds, including purchase or hire, driving, 

11 maintenance, and operation of an automobile for the Chief 

12 Justice, not to exceed $10,000 for the purpose of trans13 porting Associate Justices, and hire of passenger motor 

14 vehicles as authorized by 31 U.S.C. 1343 and 1344; not 

15 to exceed $10,000 for official reception and representation 

16 expenses; and for miscellaneous expenses, to be expended 

17 as the Chief Justice may approve, $58,122,000. 

18 CARE OF THE BUILDING AND GROUNDS

19 For such expenditures as may be necessary to enable 

20 the Architect of the Capitol to carry out the duties im21 posed upon the Architect by the Act approved May 7, 

22 1934 (40 U.S.C. 13a–13b), $10,579,000, to remain avail23 able until expended. 
68 

S 2809 PCS 

1 UNITED STATES COURT OF APPEALS FOR THE FEDERAL

2 CIRCUIT

3 SALARIES AND EXPENSES

4 For salaries of the chief judge, judges, and other offi5 cers and employees, and for necessary expenses of the 

6 court, as authorized by law, $20,624,000. 

7 UNITED STATES COURT OF INTERNATIONAL TRADE

8 SALARIES AND EXPENSES

9 For salaries of the chief judge and eight judges, sala10 ries of the officers and employees of the court, services, 

11 and necessary expenses of the court, as authorized by law, 

12 $14,060,000. 

13 COURTS OF APPEALS, DISTRICT COURTS, AND OTHER

14 JUDICIAL SERVICES

15 SALARIES AND EXPENSES

16 For the salaries of circuit and district judges (includ17 ing judges of the territorial courts of the United States), 

18 justices and judges retired from office or from regular ac19 tive service, judges of the United States Court of Federal 

20 Claims, bankruptcy judges, magistrate judges, and all 

21 other officers and employees of the Federal Judiciary not 

22 otherwise specifically provided for, and necessary expenses 

23 of the courts, as authorized by law, $4,131,487,000 (in24 cluding the purchase of firearms and ammunition); of 

25 which not to exceed $27,817,000 shall remain available 
69 

S 2809 PCS 

1 until expended for space alteration projects and for fur2 niture and furnishings related to new space alteration and 

3 construction projects; of which not less than $963,134,000 

4 shall be available for Probation and Pretrial Services; of 

5 which not to exceed $2,800,000 shall be available for a 

6 national probation and pretrial services training program; 

7 of which $1,300,000 of the funds provided for the Judici8 ary Information Technology Fund will be for the Edwin 

9 L. Nelson Local Initiatives Program, within which 

10 $1,000,000 will be reserved for local court grants. 

11 In addition, for expenses of the United States Court 

12 of Federal Claims associated with processing cases under 

13 the National Childhood Vaccine Injury Act of 1986, not 

14 to exceed $3,159,000, to be appropriated from the Vaccine 

15 Injury Compensation Trust Fund. 

16 DEFENDER SERVICES

17 For the operation of Federal Defender organizations; 

18 the compensation and reimbursement of expenses of attor19 neys appointed to represent persons under the Criminal 

20 Justice Act of 1964, as amended (18 U.S.C. 3006A); the 

21 compensation and reimbursement of expenses of persons 

22 furnishing investigative, expert and other services under 

23 the Criminal Justice Act of 1964 (18 U.S.C. 3006A(e)); 

24 the compensation (in accordance with Criminal Justice 

25 Act maximums) and reimbursement of expenses of attor26 neys appointed to assist the court in criminal cases where 
70 

S 2809 PCS 

1 the defendant has waived representation by counsel; the 

2 compensation and reimbursement of travel expenses of 

3 guardians ad litem acting on behalf of financially eligible 

4 minor or incompetent offenders in connection with trans5 fers from the United States to foreign countries with 

6 which the United States has a treaty for the execution 

7 of penal sentences; the compensation of attorneys ap8 pointed to represent jurors in civil actions for the protec9 tion of their employment, as authorized by 28 U.S.C. 

10 1875(d); and for necessary training and general adminis11 trative expenses, $648,116,000, to remain available until 

12 expended, as authorized by 18 U.S.C. 3006A(i). 

13 FEES OF JURORS AND COMMISSIONERS

14 For fees and expenses of jurors as authorized by 28 

15 U.S.C. 1871 and 1876; compensation of jury commis16 sioners as authorized by 28 U.S.C. 1863; and compensa17 tion of commissioners appointed in condemnation cases 

18 pursuant to rule 71A(h) of the Federal Rules of Civil Pro19 cedure (28 U.S.C. Appendix Rule 71A(h)), $62,800,000, 

20 to remain available until expended: Provided, That the 

21 compensation of land commissioners shall not exceed the 

22 daily equivalent of the highest rate payable under section 

23 5332 of title 5, United States Code. 

24 COURT SECURITY

25 For necessary expenses, not otherwise provided for, 

26 incident to providing protective guard services for United 
71 

S 2809 PCS 

1 States courthouses and other facilities housing Federal 

2 court operations, and the procurement, installation, and 

3 maintenance of security equipment for United States 

4 courthouses and other facilities housing Federal court op5 erations, including building ingress-egress control, inspec6 tion of mail and packages, directed security patrols, perim7 eter security, basic security services provided by the De8 partment of Homeland Security, and other similar activi9 ties as authorized by section 1010 of the Judicial Improve10 ment and Access to Justice Act (Public Law 100–702), 

11 $274,653,000, of which not to exceed $10,000,000 shall 

12 remain available until expended, to be expended directly 

13 or transferred to the United States Marshals Service, 

14 which shall be responsible for administering the Judicial 

15 Facility Security Program consistent with standards or 

16 guidelines agreed to by the Director of the Administrative 

17 Office of the United States Courts and the Attorney Gen18 eral. 

19 ADMINISTRATIVE OFFICE OF THE UNITED STATES

20 COURTS

21 SALARIES AND EXPENSES

22 For necessary expenses of the Administrative Office 

23 of the United States Courts as authorized by law, includ24 ing travel as authorized by 31 U.S.C. 1345, hire of a pas25 senger motor vehicle as authorized by 31 U.S.C. 1343(b), 
72 

S 2809 PCS 

1 advertising and rent in the District of Columbia and else2 where, $67,249,000, of which not to exceed $8,500 is au3 thorized for official reception and representation expenses. 

4 FEDERAL JUDICIAL CENTER

5 SALARIES AND EXPENSES

6 For necessary expenses of the Federal Judicial Cen7 ter, as authorized by Public Law 90–219, $21,670,000; 

8 of which $1,800,000 shall remain available through Sep9 tember 30, 2006, to provide education and training to 

10 Federal court personnel; and of which not to exceed 

11 $1,500 is authorized for official reception and representa12 tion expenses. 

13 JUDICIAL RETIREMENT FUNDS

14 PAYMENT TO JUDICIARY TRUST FUNDS

15 For payment to the Judicial Officers’ Retirement 

16 Fund, as authorized by 28 U.S.C. 377(o), $32,000,000; 

17 to the Judicial Survivors’ Annuities Fund, as authorized 

18 by 28 U.S.C. 376(c), $2,000,000; and to the United 

19 States Court of Federal Claims Judges’ Retirement Fund, 

20 as authorized by 28 U.S.C. 178(l), $2,700,000. 

21 UNITED STATES SENTENCING COMMISSION

22 SALARIES AND EXPENSES

23 For the salaries and expenses necessary to carry out 

24 the provisions of chapter 58 of title 28, United States 
73 

S 2809 PCS 

1 Code, $12,404,000, of which not to exceed $1,000 is au2 thorized for official reception and representation expenses. 

3 GENERAL PROVISIONS—THE JUDICIARY

4 SEC. 301. Appropriations and authorizations made in 

5 this title which are available for salaries and expenses shall 

6 be available for services as authorized by 5 U.S.C. 3109. 

7 SEC. 302. Not to exceed 5 percent of any appropria8 tion made available for the current fiscal year for the Judi9 ciary in this Act may be transferred between such appro10 priations, but no such appropriation, except ‘‘Courts of 

11 Appeals, District Courts, and Other Judicial Services, De12 fender Services’’ and ‘‘Courts of Appeals, District Courts, 

13 and Other Judicial Services, Fees of Jurors and Commis14 sioners’’, shall be increased by more than 10 percent by 

15 any such transfers: Provided, That any transfer pursuant 

16 to this section shall be treated as a reprogramming of 

17 funds under section 605 of this Act and shall not be avail18 able for obligation or expenditure except in compliance 

19 with the procedures set forth in that section. 

20 SEC. 303. Notwithstanding any other provision of 

21 law, the salaries and expenses appropriation for Courts of 

22 Appeals, District Courts, and Other Judicial Services shall 

23 be available for official reception and representation ex24 penses of the Judicial Conference of the United States: 

25 Provided, That such available funds shall not exceed 
74 

S 2809 PCS 

1 $11,000 and shall be administered by the Director of the 

2 Administrative Office of the United States Courts in the 

3 capacity as Secretary of the Judicial Conference. 

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

5 States Code, is amended— 

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

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

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

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

10 and inserting ‘‘1,500’’; and 

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

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

13 is amended— 

14 (1) in paragraph (2)— 

15 (A) in subparagraph (A), by striking 

16 ‘‘300’’ and inserting ‘‘500’’; and 

17 (B) in subparagraph (B), by striking 

18 ‘‘300’’ and inserting ‘‘500’’; and 

19 (2) in paragraph (3) in the first sentence by 

20 striking ‘‘1,000’’ and inserting ‘‘1,600’’. 

21 SEC. 305. Hereafter, within 45 days of enactment of 

22 this Act, and subsequent Judiciary Appropriations Acts, 

23 the Administrative Office of the U.S. Courts shall submit 

24 to the Committees on Appropriations a comprehensive fi25 nancial plan for the Judiciary allocating all sources of 
75 

S 2809 PCS 

1 available funds including appropriations, fee collections, 

2 and carryover balances, to include a separate and detailed 

3 plan for the Judiciary Information Technology fund. 

4 SEC. 306. Within 30 days of enactment of this Act, 

5 the Administrative Office of the U.S. Courts shall report 

6 to the Committee on Appropriations the financial status 

7 of the Edwin L. Nelson Local Initiatives Program. This 

8 report will include, at a minimum, a list of all courts that 

9 have received grants to date, the purpose of the grant, 

10 and the amount provided. Hereafter, the Administrative 

11 Office shall submit this report on a quarterly basis. 

12 SEC. 307. Pursuant to section 140 of Public Law 97– 

13 92, and from funds appropriated in this Act, Justices and 

14 judges of the United States are authorized during fiscal 

15 year 2005, to receive a salary adjustment in accordance 

16 with 28 U.S.C. 461. 

17 This title may be cited as the ‘‘Judiciary Appropria18 tions Act, 2005’’. 

19 TITLE IV—DEPARTMENT OF STATE AND 

20 RELATED AGENCY 

21 DEPARTMENT OF STATE 

22 ADMINISTRATION OF FOREIGN AFFAIRS

23 DIPLOMATIC AND CONSULAR PROGRAMS

24 (INCLUDING TRANSFER OF FUNDS)

25 For necessary expenses of the Department of State 

26 and the Foreign Service not otherwise provided for, includ-
76 

S 2809 PCS 

1 ing employment, without regard to civil service and classi2 fication laws, of persons on a temporary basis (not to ex3 ceed $700,000 of this appropriation), as authorized by 

4 section 801 of the United States Information and Edu5 cational Exchange Act of 1948; representation to certain 

6 international organizations in which the United States 

7 participates pursuant to treaties ratified pursuant to the 

8 advice and consent of the Senate or specific Acts of Con9 gress; arms control, nonproliferation and disarmament ac10 tivities as authorized; acquisition by exchange or purchase 

11 of passenger motor vehicles as authorized by law; and for 

12 expenses of general administration, $3,493,053,000, of 

13 which not to exceed $4,000,000 may be transferred to, 

14 and merged with, funds in the ‘‘Emergencies in the Diplo15 matic and Consular Service’’ appropriations account, to 

16 be available only for emergency evacuations and terrorism 

17 rewards: Provided, That not to exceed 69 permanent posi18 tions and $7,311,000 shall be expended for the Bureau 

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

20 funds made available under this heading may be used to 

21 transfer any full time equivalent employees into or out of 

22 the Bureau of Legislative Affairs: Provided further, That 

23 funds appropriated under this heading shall be made avail24 able for programs and activities in the amounts contained 

25 in the table accompanying the statement accompanying 
77 

S 2809 PCS 

1 this Act: Provided further, That none of the funds appro2 priated under this heading may be transferred between 

3 subheadings provided for in the table accompanying the 

4 report accompanying this Act: Provided further, That, not5 withstanding the previous two provisos, any shoftfall in 

6 fee revenue resulting from a decrease in the number of 

7 visa applications to the United States shall be offset by 

8 a direct transfer of funds equal to the amount of the short9 fall from the Diplomatic and Consular Programs account 

10 to an account which shall be used exclusively to fund the 

11 consular activities of the Department of State: Provided 

12 further, That, of the amount made available under this 

13 heading for the Bureau of East Asian and Pacific Affairs, 

14 $2,000,000 shall be available for a grant to conduct an 

15 international conference on the human rights situation in 

16 North Korea: Provided further, That of the amount made 

17 available under this heading, $1,500,000 shall be trans18 ferred to, and merged with, the appropriation for ‘‘Drug 

19 Enforcement Administration, Salaries and Expenses’’ for 

20 international counter-narcotics training provided by the 

21 Drug Enforcement Administration to, or on behalf of, the 

22 Bureau of International Narcotics and Law Enforcement 

23 Affairs: Provided further, That the Intellectual Property 

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

25 be renamed the Office of International Intellectual Prop-
78 

S 2809 PCS 

1 erty Enforcement within 40 days of enactment of this Act: 

2 Provided further, That amounts made available to ‘‘Diplo3 matic and Consular Programs’’, Department of State, 

4 pursuant to a provision under the heading ‘‘National In5 tellectual Property Law Enforcement Coordination Coun6 cil’’ are for salaries and expenses and related costs of the 

7 Office of International Intellectual Property Enforcement: 

8 Provided further, That the Secretary of State shall close 

9 the United States Consulate General located in Rio de Ja10 neiro, Brazil, and consolidate the operations of such Con11 sulate General with the operations of the United States 

12 Consulate General located in Sa ̃o Paolo, Brazil. 

13 Beginning in fiscal year 2005 and thereafter, the Sec14 retary of State is authorized to charge surcharges related 

15 to consular services in support of enhanced border security 

16 that are in addition to the passport and immigrant visa 

17 fees in effect on January 1, 2004: Provided, That funds 

18 collected pursuant to this authority shall be credited to 

19 this account, and shall be available until expended for the 

20 purposes of such account: Provided further, That such sur21 charges shall be $10 on passport fees, and $45 on immi22 grant visa fees. 

23 In addition, not to exceed $1,426,000 shall be derived 

24 from fees collected from other executive agencies for lease 

25 or use of facilities located at the International Center in 
79 

S 2809 PCS 

1 accordance with section 4 of the International Center Act; 

2 in addition, as authorized by section 5 of such Act, 

3 $490,000, to be derived from the reserve authorized by 

4 that section, to be used for the purposes set out in that 

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

6 United States Information and Educational Exchange 

7 Act, not to exceed $6,000,000, to remain available until 

8 expended, may be credited to this appropriation from fees 

9 or other payments received from English teaching, library, 

10 motion pictures, and publication programs and from fees 

11 from educational advising and counseling and exchange 

12 visitor programs; and, in addition, not to exceed $15,000, 

13 which shall be derived from reimbursements, surcharges, 

14 and fees for use of Blair House facilities. 

15 In addition, for the costs of worldwide security up16 grades, $658,702,000, to remain available until expended: 

17 Provided, That of the amounts made available under this 

18 paragraph, $23,046,000 is for the Center for 

19 Antiterrorism and Security Training. 

20 CAPITAL INVESTMENT FUND

21 For necessary expenses of the Capital Investment 

22 Fund, $52,149,000, to remain available until expended, 

23 as authorized: Provided, That section 135(e) of Public 

24 Law 103–236 shall not apply to funds available under this 

25 heading. 
80 

S 2809 PCS 

1 CENTRALIZED INFORMATION TECHNOLOGY

2 MODERNIZATION PROGRAM

3 For expenses relating to the modernization of the in4 formation technology systems and networks of the Depart5 ment of State, $102,951,000, to remain available until ex6 pended. 

7 OFFICE OF INSPECTOR GENERAL

8 For necessary expenses of the Office of Inspector 

9 General, $31,435,000: Provided, That the requirements of 

10 section 209(a)(1) of the Foreign Service Act of 1980 

11 (Public Law 96–465) to inspect and audit Foreign Service 

12 posts are waived during fiscal year 2005: Provided further, 

13 That, notwithstanding any other provision of law, no 

14 amount made available under the Emergency Supple15 mental Appropriations Act for Defense and for the Recon16 struction of Iraq and Afghanistan, 2004 (Public Law 108– 

17 106; 117 Stat. 1209) may be made available to the Office 

18 of Inspector General: Provided further, That the number 

19 of employees in the Office of Inspector General shall not 

20 exceed the equivalent of 314 full-time employees. 

21 EDUCATIONAL AND CULTURAL EXCHANGE PROGRAMS

22 For expenses of educational and cultural exchange 

23 programs, as authorized, $360,750,000, to remain avail24 able until expended: Provided, That not to exceed 

25 $2,000,000, to remain available until expended, may be 

26 credited to this appropriation from fees or other payments 
81 

S 2809 PCS 

1 received from or in connection with English teaching, edu2 cational advising and counseling programs, and exchange 

3 visitor programs as authorized. 

4 REPRESENTATION ALLOWANCES

5 For representation allowances as authorized, 

6 $8,640,000. 

7 PROTECTION OF FOREIGN MISSIONS AND OFFICIALS

8 For expenses, not otherwise provided, to enable the 

9 Secretary of State to provide for extraordinary protective 

10 services, as authorized, $5,000,000, to remain available 

11 until September 30, 2006. 

12 EMBASSY SECURITY, CONSTRUCTION, AND MAINTENANCE

13 For necessary expenses for carrying out the Foreign 

14 Service Buildings Act of 1926 (22 U.S.C. 292–303), pre15 serving, maintaining, repairing, and planning for buildings 

16 that are owned or directly leased by the Department of 

17 State, renovating, in addition to funds otherwise available, 

18 the Harry S Truman Building, and carrying out the Dip19 lomatic Security Construction Program as authorized, 

20 $509,728,000, to remain available until expended, of 

21 which not to exceed $25,000 may be used for domestic 

22 and overseas representation: Provided, That none of the 

23 funds appropriated in this paragraph shall be available for 

24 acquisition of furniture, furnishings, or generators for 

25 other departments and agencies. 
82 

S 2809 PCS 

1 In addition, for the costs of worldwide security up2 grades, acquisition, and construction as authorized, 

3 $867,030,000, to remain available until expended: Pro4 vided, That no project to construct a diplomatic facility 

5 of the United States may include office space or other ac6 commodations for any individual that is not an employee 

7 of a department or agency of the United States: Provided 

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

9 heading may be used to construct, lease, or refurbish a 

10 building for use by the United States Agency for Inter11 national Development if such Agency has not provided to 

12 the Department of State the full amount of funding re13 quired by subsection (e) of section 604 of the Secure Em14 bassy Construction and Counterterrorism Act of 1999 (as 

15 enacted into law by section 1000(a)(7) of Public Law 106– 

16 113 and contained in appendix G of that Act; 113 Stat. 

17 1501A–453), as added by section 410 of this Act. 

18 EMERGENCIES IN THE DIPLOMATIC AND CONSULAR

19 SERVICE

20 For expenses necessary to enable the Secretary of 

21 State to meet unforeseen emergencies arising in the Diplo22 matic and Consular Service, $1,000, to remain available 

23 until expended as authorized, and of total unobligated bal24 ances available in this account not to exceed $1,000,000 

25 may be transferred to and merged with the Repatriation 

26 Loans Program Account, subject to the same terms and 
83 

S 2809 PCS 

1 conditions: Provided, That funds previously appropriated 

2 under this heading for rewards for an indictee of the Spe3 cial Court for Sierra Leone shall be transferred to the Spe4 cial Court for Sierra Leone within 15 days of enactment 

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

6 provided under this heading shall be treated as a re7 programming of funds under section 605 of this Act. 

8 REPATRIATION LOANS PROGRAM ACCOUNT

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

10 Provided, That such costs, including the cost of modifying 

11 such loans, shall be as defined in section 502 of the Con12 gressional Budget Act of 1974. In addition, for adminis13 trative expenses necessary to carry out the direct loan pro14 gram, $607,000, which may be transferred to and merged 

15 with the Diplomatic and Consular Programs account 

16 under Administration of Foreign Affairs. 

17 PAYMENT TO THE AMERICAN INSTITUTE IN TAIWAN

18 For necessary expenses to carry out the Taiwan Rela19 tions Act (Public Law 96–8), $19,482,000. 

20 PAYMENT TO THE FOREIGN SERVICE RETIREMENT AND

21 DISABILITY FUND

22 For payment to the Foreign Service Retirement and 

23 Disability Fund, as authorized by law, $132,600,000. 
84 

S 2809 PCS 

1 INTERNATIONAL ORGANIZATIONS AND CONFERENCES

2 CONTRIBUTIONS TO INTERNATIONAL ORGANIZATIONS

3 For expenses, not otherwise provided for, necessary 

4 to meet annual obligations of membership in international 

5 multilateral organizations, pursuant to treaties ratified 

6 pursuant to the advice and consent of the Senate, conven7 tions or specific Acts of Congress, $1,020,830,000, of 

8 which up to $6,000,000 may be used for the cost of a 

9 direct loan to the United Nations for the cost of ren10 ovating its headquarters in New York: Provided, That 

11 such costs, including the cost of modifying such loan, shall 

12 be as defined in section 502 of the Congressional Budget 

13 Act of 1974: Provided further, That these funds are avail14 able to subsidize total loan principal of up to 

15 $1,200,000,000: Provided further, That, if the United Na16 tions decides not to accept a loan from the United States 

17 for the cost of renovating its headquarters in New York, 

18 then the amount made available for the cost of a direct 

19 loan to the United Nations under this heading shall be 

20 made available to the United Nations Education, Sci21 entific and Cultural Organization (UNESCO): Provided 

22 further, That the Secretary of State shall, at the time of 

23 the submission of the President’s budget to Congress 

24 under section 1105(a) of title 31, United States Code, 

25 transmit to the Committees on Appropriations of the Sen-
85 

S 2809 PCS 

1 ate and of the House of Representatives the most recent 

2 biennial budget prepared by the United Nations for the 

3 operations of the United Nations: Provided further, That 

4 the Secretary of State shall notify the Committees on Ap5 propriations at least 15 days in advance (or in an emer6 gency, as far in advance as is practicable) of any United 

7 Nations action to increase funding for any United Nations 

8 program without identifying an offsetting decrease else9 where in the United Nations budget and cause the United 

10 Nations to exceed the adopted budget for the biennium 

11 2004–2005 of $3,160,860,000: Provided further, That any 

12 payment of arrearages under this title shall be directed 

13 toward special activities that are mutually agreed upon by 

14 the United States and the respective international organi15 zation: Provided further, That none of the funds appro16 priated in this paragraph shall be available for a United 

17 States contribution to an international organization for 

18 the United States share of interest costs made known to 

19 the United States Government by such organization for 

20 loans incurred on or after October 1, 1984, through exter21 nal borrowings: Provided further, That funds appropriated 

22 under this paragraph may be obligated and expended to 

23 pay the full United States assessment to the civil budget 

24 of the North Atlantic Treaty Organization, except that 
86 

S 2809 PCS 

1 such restriction shall not apply to loans to the United Na2 tions for renovation of its headquarters. 

3 CONTRIBUTIONS FOR INTERNATIONAL PEACEKEEPING

4 ACTIVITIES

5 For necessary expenses to pay assessed and other ex6 penses of international peacekeeping activities directed to 

7 the maintenance or restoration of international peace and 

8 security, $574,000,000, of which 10 percent shall remain 

9 available until September 30, 2006: Provided, That none 

10 of the funds made available under this Act shall be obli11 gated or expended for any new or expanded United Na12 tions peacekeeping mission unless, at least 15 days in ad13 vance of voting for the new or expanded mission in the 

14 United Nations Security Council (or in an emergency as 

15 far in advance as is practicable): (1) the Committees on 

16 Appropriations of the House of Representatives and the 

17 Senate and other appropriate committees of the Congress 

18 are notified of the estimated cost and length of the mis19 sion, the vital national interest that will be served, and 

20 the planned exit strategy; and (2) a reprogramming of 

21 funds pursuant to section 605 of this Act is submitted, 

22 and the procedures therein followed, setting forth the 

23 source of funds that will be used to pay for the cost of 

24 the new or expanded mission: Provided further, That funds 

25 shall be available for peacekeeping expenses only upon a 

26 certification by the Secretary of State to the appropriate 
87 

S 2809 PCS 

1 committees of the Congress that American manufacturers 

2 and suppliers are being given opportunities to provide 

3 equipment, services, and material for United Nations 

4 peacekeeping activities equal to those being given to for5 eign manufacturers and suppliers: Provided further, That 

6 none of the funds made available under this heading are 

7 available to pay the United States share of the cost of 

8 court monitoring that is part of any United Nations peace9 keeping mission. 

10 INTERNATIONAL COMMISSIONS

11 For necessary expenses, not otherwise provided for, 

12 to meet obligations of the United States arising under 

13 treaties, or specific Acts of Congress, as follows: 

14 INTERNATIONAL BOUNDARY AND WATER COMMISSION, 

15 UNITED STATES AND MEXICO

16 For necessary expenses for the United States Section 

17 of the International Boundary and Water Commission, 

18 United States and Mexico, and to comply with laws appli19 cable to the United States Section, including not to exceed 

20 $6,000 for representation; as follows: 

21 SALARIES AND EXPENSES

22 For salaries and expenses, not otherwise provided for, 

23 $27,689,000. 
88 

S 2809 PCS 

1 CONSTRUCTION

2 For detailed plan preparation and construction of au3 thorized projects, $6,146,000, to remain available until ex4 pended, as authorized. 

5 AMERICAN SECTIONS, INTERNATIONAL COMMISSIONS

6 For necessary expenses, not otherwise provided, for 

7 the International Joint Commission and the International 

8 Boundary Commission, United States and Canada, as au9 thorized by treaties between the United States and Can10 ada or Great Britain, and for the Border Environment 

11 Cooperation Commission as authorized by Public Law 

12 103–182, $10,546,000, of which not to exceed $9,000 

13 shall be available for representation expenses incurred by 

14 the International Joint Commission. 

15 INTERNATIONAL FISHERIES COMMISSIONS

16 For necessary expenses for international fisheries 

17 commissions, not otherwise provided for, as authorized by 

18 law, $21,982,000: Provided, That the United States’ share 

19 of such expenses may be advanced to the respective com20 missions pursuant to 31 U.S.C. 3324. 

21 OTHER

22 CENTER FOR MIDDLE EASTERN-WESTERN DIALOGUE

23 For a grant to the Center for Middle Eastern-West24 ern Dialogue Trust Fund, $6,750,000, for operation of the 

25 Center for Middle Eastern-Western Dialogue in Istanbul, 

26 Turkey, to remain available until expended. 
89 

S 2809 PCS 

1 In addition, for the operations of the Steering Com2 mittee of the Center for Middle Eastern-Western Dia3 logue, $250,000, to remain available until expended. 

4 In addition, for necessary expenses of the Center for 

5 Middle Eastern-Western Dialogue Trust Fund, the total 

6 amount of the interest and earnings accruing to such 

7 Fund before October 1, 2005, to remain available until 

8 expended. 

9 EISENHOWER EXCHANGE FELLOWSHIP PROGRAM

10 For necessary expenses of Eisenhower Exchange Fel11 lowships, Incorporated, as authorized by sections 4 and 

12 5 of the Eisenhower Exchange Fellowship Act of 1990 (20 

13 U.S.C. 5204–5205), all interest and earnings accruing to 

14 the Eisenhower Exchange Fellowship Program Trust 

15 Fund on or before September 30, 2005, to remain avail16 able until expended: Provided, That none of the funds ap17 propriated herein shall be used to pay any salary or other 

18 compensation, or to enter into any contract providing for 

19 the payment thereof, in excess of the rate authorized by 

20 5 U.S.C. 5376; or for purposes which are not in accord21 ance with OMB Circulars A–110 (Uniform Administrative 

22 Requirements) and A–122 (Cost Principles for Non-profit 

23 Organizations), including the restrictions on compensation 

24 for personal services. 
90 

S 2809 PCS 

1 ISRAELI ARAB SCHOLARSHIP PROGRAM

2 For necessary expenses of the Israeli Arab Scholar3 ship Program as authorized by section 214 of the Foreign 

4 Relations Authorization Act, Fiscal Years 1992 and 1993 

5 (22 U.S.C. 2452), all interest and earnings accruing to 

6 the Israeli Arab Scholarship Fund on or before September 

7 30, 2005, to remain available until expended. 

8 EAST-WEST CENTER

9 To enable the Secretary of State to provide for car10 rying out the provisions of the Center for Cultural and 

11 Technical Interchange Between East and West Act of 

12 1960, by grant to the Center for Cultural and Technical 

13 Interchange Between East and West in the State of Ha14 waii, $19,500,000: Provided, That none of the funds ap15 propriated herein shall be used to pay any salary, or enter 

16 into any contract providing for the payment thereof, in 

17 excess of the rate authorized by 5 U.S.C. 5376: Provided 

18 further, That, notwithstanding any other provision of law, 

19 the funds appropriated to the East-West Center appro20 priation in Public Law 108–7 may be obligated and ex21 pended notwithstanding section 15 of the State Depart22 ment Basic Authorities Act of 1956, as amended. 

23 NATIONAL ENDOWMENT FOR DEMOCRACY

24 For grants made by the Department of State to the 

25 National Endowment for Democracy as authorized by the 

26 National Endowment for Democracy Act, $50,000,000, to 
91 

S 2809 PCS 

1 remain available until expended: Provided, That notwith2 standing any other provision of law, of the funds appro3 priated for the National Endowment for Democracy, not 

4 less than $10,000,000 shall be made available to the 

5 American Center for International Labor Solidarity, the 

6 Center for International Private Enterprise, the Inter7 national Republican Institute, and the National Demo8 cratic Institute for International Affairs for the purpose 

9 of expanding the programs carried out in the Middle East 

10 by such entities: Provided further, That not later than 60 

11 days after the date of enactment of this Act, the National 

12 Endowment for Democracy shall submit to the Committee 

13 on Appropriations of the Senate and the Committee on 

14 Appropriations of the House of Representatives a financial 

15 plan for the expenditure of the amounts appropriated to 

16 the Endowment in this Act: Provided further, That such 

17 plan shall include a description of how such funds will be 

18 used to carry out the purposes of the Endowment set out 

19 in section 502 of the National Endowment for Democracy 

20 Act (22 U.S.C. 4411). 

21 RELATED AGENCY 

22 BROADCASTING BOARD OF GOVERNORS

23 INTERNATIONAL BROADCASTING OPERATIONS

24 For expenses necessary to enable the Broadcasting 

25 Board of Governors, as authorized, to carry out inter-
92 

S 2809 PCS 

1 national communication activities, including the purchase, 

2 installation, rent, and improvement of facilities for radio 

3 and television transmission and reception to Cuba, and to 

4 make and supervise grants to the Middle East Television 

5 Network, including Radio Sawa, for radio and television 

6 broadcasting to the Middle East, $552,240,000, of which 

7 $27,629,000 is for Broadcasting to Cuba: Provided, That 

8 of the total amount in this heading, not to exceed $16,000 

9 may be used for official receptions within the United 

10 States as authorized, not to exceed $35,000 may be used 

11 for representation abroad as authorized, and not to exceed 

12 $39,000 may be used for official reception and representa13 tion expenses of Radio Free Europe/Radio Liberty; and 

14 in addition, notwithstanding any other provision of law, 

15 not to exceed $2,000,000 in receipts from advertising and 

16 revenue from business ventures, not to exceed $500,000 

17 in receipts from cooperating international organizations, 

18 and not to exceed $1,000,000 in receipts from privatiza19 tion efforts of the Voice of America and the International 

20 Broadcasting Bureau, to remain available until expended 

21 for carrying out authorized purposes: Provided further, 

22 That within the amounts provided under this heading, 

23 $302,000 shall be transferred to the Department of State 

24 for the Capital Security Cost Sharing Program. 
93 

S 2809 PCS 

1 BROADCASTING CAPITAL IMPROVEMENTS

2 For the purchase, rent, construction, and improve3 ment of facilities for radio transmission and reception, and 

4 purchase and installation of necessary equipment for radio 

5 and television transmission and reception as authorized, 

6 $8,560,000, to remain available until expended, as author7 ized. 

8 GENERAL PROVISIONS—DEPARTMENT OF STATE AND

9 RELATED AGENCY

10 SEC. 401. Funds appropriated under this title shall 

11 be available, except as otherwise provided, for allowances 

12 and differentials as authorized by subchapter 59 of title 

13 5, United States Code; for services as authorized by 5 

14 U.S.C. 3109; and for hire of passenger transportation pur15 suant to 31 U.S.C. 1343(b). 

16 SEC. 402. None of the funds made available in this 

17 Act may be used by the Department of State or the Broad18 casting Board of Governors to provide equipment, tech19 nical support, consulting services, or any other form of 

20 assistance to the Palestinian Broadcasting Corporation. 

21 SEC. 403. None of the funds appropriated or other22 wise made available by this Act or any other Act for fiscal 

23 year 2005 or any fiscal year thereafter may be obligated 

24 or expended for the operation of a United States consulate 

25 or diplomatic facility in Jerusalem unless such consulate 
94 

S 2809 PCS 

1 or diplomatic facility is under the supervision of the 

2 United States Ambassador to Israel. 

3 SEC. 404. None of the funds appropriated or other4 wise made available by this Act or any other Act for fiscal 

5 year 2005 or any fiscal year thereafter may be obligated 

6 or expended for the publication of any official Government 

7 document which lists countries and their capital cities un8 less the publication identifies Jerusalem as the capital of 

9 Israel. 

10 SEC. 405. For the purposes of registration of birth, 

11 certification of nationality, or issuance of a passport of 

12 a United States citizen born in the city of Jerusalem, the 

13 Secretary of State shall, upon request of the citizen, 

14 record the place of birth as Israel. 

15 SEC. 406. The Secretary of State shall provide to a 

16 member of the Committee on Appropriations of the Senate 

17 or the Committee on Appropriations of the House of Rep18 resentatives a copy of each cable sent to or by a Depart19 ment of State employee that pertains to any topic specified 

20 by the requesting member, regardless of the level of classi21 fication of the cable, not later than 15 days after the date 

22 on which the member makes a written or verbal request 

23 for such copies. 

24 SEC. 407. There is established within the Department 

25 of State the Office of the Coordinator for Reconstruction 
95 

S 2809 PCS 

1 and Stabilization: Provided, That the head of the Office 

2 shall be the Coordinator for Reconstruction and Stabiliza3 tion, who shall report directly to the Secretary of State: 

4 Provided further, That within amounts made available 

5 under ‘‘Diplomatic and Consular Programs’’, not less than 

6 $1,000,000 shall be available for the establishment and 

7 operations of the Office of the Coordinator for Reconstruc8 tion and Stabilization. 

9 SEC. 408. The functions of the Office of the Coordi10 nator for Reconstruction and Stabilization shall include— 

11 (1) cataloguing and monitoring the non-military 

12 resources and capabilities of Executive agencies (as 

13 that term is defined in section 105 of title 5, United 

14 States Code), State and local governments, and enti15 ties in the private and non-profit sectors that are 

16 available to address crises in countries or regions 

17 that are in, or are in transition from, conflict or civil 

18 strife; 

19 (2) monitoring political and economic instability 

20 worldwide to anticipate the need for mobilizing 

21 United States and international assistance for coun22 tries or regions described in paragraph (1); 

23 (3) assessing crises in countries or regions de24 scribed in paragraph (1) and determining the appro25 priate non-military United States, including but not 
96 

S 2809 PCS 

1 limited to demobilization, policing, human rights 

2 monitoring, and public information efforts; 

3 (4) planning for response efforts under para4 graph (3); 

5 (5) coordinating with relevant Executive agen6 cies the development of interagency contingency 

7 plans for such response efforts; and 

8 (6) coordinating the training of civilian per9 sonnel to perform stabilization and reconstruction 

10 activities in response to crises in such countries or 

11 regions described in paragraph (1). 

12 SEC. 409. Section 1605 of title 28, United States 

13 Code, is amended by adding a new subsection (h) as fol14 lows: 

15 ‘‘(h) Notwithstanding any provision of the Algiers Ac16 cords, or any other international agreement, any United 

17 States citizen held hostage during the period between 

18 1979 and 1981, and their spouses and children at the 

19 time, shall have a claim for money damages against a for20 eign state for personal injury that was caused by the for21 eign state’s act of torture or hostage taking. Any provision 

22 in an international agreement, including the Algiers Ac23 cords that purports to bar such suit is abrogated and such 

24 claim or cause of action may be eligible for de novo trial. 

25 This subsection shall apply retroactively to any cause of 
97 

S 2809 PCS 

1 action accruing on or after November 1, 1979, notwith2 standing any statute of limitations.’’. 

3 SEC. 410. Section 604 of the Secure Embassy Con4 struction and Counterterrorism Act of 1999 (Title VI, Di5 vision A of H.R. 3427, enacted by sec. 1000(7) of Public 

6 Law 106–113), is amended by adding the following new 

7 subsection at the end: 

8 ‘‘(e) CAPITAL SECURITY COST SHARING.—Notwith9 standing any other provision of law, all agencies with per10 sonnel overseas subject to Chief of Mission Authority shall 

11 participate and provide funding in advance for their share 

12 of costs, without offsets, on the basis of the total overseas 

13 presence of each agency as determined annually by the 

14 Secretary of State in consultation with such agency. 

15 Amounts advanced by such agencies to the Department 

16 of State shall be credited to the Embassy Security, Con17 struction and Maintenance account, and remain available 

18 until expended.’’. 

19 SEC. 411. (a) The Secretary of State shall require 

20 each chief of mission to review, not less than once every 

21 5 years, every staff element under chief of mission author22 ity, including staff from other departments or agencies of 

23 the United States, and recommend approval or dis24 approval of each staff element. Each such review shall be 

25 conducted pursuant to a process established by the Presi-
98 

S 2809 PCS 

1 dent for determining appropriate staffing at diplomatic 

2 missions and overseas constituent posts (commonly re3 ferred to as the ‘‘NSDD–38 process’’). 

4 (b) The Secretary of State, as part of the process es5 tablished by the President referred to in subsection (a), 

6 shall take actions to carry out the recommendations made 

7 in each such review. 

8 (c) Not later than one year after the date of enact9 ment of this Act, and annually thereafter, the Secretary 

10 of State shall submit a report on such reviews that oc11 curred during the previous 12 months, together with the 

12 Secretary’s recommendations regarding such reviews to 

13 the appropriate committees of Congress, the heads of all 

14 affected departments or agencies, and the Inspector Gen15 eral of the Department of State. 

16 SEC. 412. (a) None of the funds appropriated in this 

17 Act or any other act making appropriations for the De18 partments of Commerce, Justice, State, the Judiciary, and 

19 related agencies may be made available to the 

20 Organisation for Economic Co-operation and Development 

21 unless the Secretary of State certifies to the Committee 

22 on Appropriations of the Senate and the Committee on 

23 Appropriations of the House of Representatives that such 

24 Organisation has not engaged in any activity to identify, 
99 

S 2809 PCS 

1 report on, or penalize any country that encourages foreign 

2 investment through the adoption of tax incentives. 

3 (b) Except as provided in subsection (c) none of the 

4 funds appropriated in this Act or any other act making 

5 appropriations for the Departments of Commerce, Justice, 

6 State, the Judiciary, and related agencies may be made 

7 available for an international effort to track or report on 

8 interest or other investment income deposited in a finan9 cial account in the United States that is held by a person 

10 who is not a citizen of the United States. 

11 (c) The restriction in subsection (b) may not apply 

12 to funds for an international effort described in such sub13 section if such international effort is carried out pursuant 

14 to a treaty or other international agreement to which the 

15 United States is a signatory. 

16 (d) The restriction in subsection (b) may be waived 

17 by the President for an international effort described in 

18 such subsection if the President determines that such 

19 waiver is in the national security interest of the United 

20 States. 

21 SEC. 413. Funds appropriated by this Act for the 

22 Broadcasting Board of Governors and the Department of 

23 State may be obligated and expended notwithstanding sec24 tion 15 of the State Department Basic Authorities Act 

25 of 1956, section 313 of the Foreign Relations Authoriza-
100 

S 2809 PCS 

1 tion Act, Fiscal Years 1994 and 1995 (Public Law 103– 

2 236), and section 504(a)(1) of the National Security Act 

3 of 1947 (50 U.S.C. 414(a)(1)). 

4 SEC. 414. During fiscal year 2005, section 404 of the 

5 Foreign Relations Authorization Act, Fiscal Years 1994 

6 and 1995 (Public Law 103–236), subparagraph (B), 

7 added by section 402 of Public Law 107–228 (Fiscal Year 

8 2003 Foreign Relations Authorization Act), shall be ad9 ministered as though that subsection reads as follows: 

10 ‘‘(iv) For assessments made during 

11 calendar year 2004, 27.1 percent. 

12 ‘‘(v) For assessments made during 

13 calendar year 2005, 27.1 percent.’’. 

14 SEC. 415. (a) Section 402(a) of the Foreign Service 

15 Act of 1980 (22 U.S.C. 3962(a)) is amended— 

16 (1) in paragraph (1), by striking the second 

17 and third sentences and inserting the following new 

18 sentences: ‘‘The President shall also prescribe 

19 ranges of basic salary rates for each class. Except as 

20 provided in paragraph (3), basic salary rates for the 

21 Senior Foreign Service may not exceed the max22 imum rate or be less than the minimum rate of basic 

23 pay payable for the Senior Executive Service under 

24 section 5382 of title 5, United States Code.’’; and 
101 

S 2809 PCS 

1 (2) by striking paragraph (2) and inserting the 

2 following new paragraphs: 

3 ‘‘(2) The Secretary shall determine which basic salary 

4 rate within the ranges prescribed by the President under 

5 paragraph (1) shall be paid to each member of the Senior 

6 Foreign Service based on individual performance, con7 tribution to the mission of the Department, or both, as 

8 determined under a rigorous performance management 

9 system. Except as provided in regulations prescribed by 

10 the Secretary and, to the extent possible, consistent with 

11 regulations governing the Senior Executive Service, the 

12 Secretary may adjust the basic salary rate of a member 

13 of the Senior Foreign Service not more than once during 

14 any 12-month period. 

15 ‘‘(3) Upon a determination by the Secretary that the 

16 Senior Foreign Service performance appraisal system, as 

17 designed and applied, makes meaningful distinctions 

18 based on relative performance— 

19 ‘‘(A) the maximum rate of basic pay payable for 

20 the Senior Foreign Service shall be level II of the 

21 Executive Schedule; and 

22 ‘‘(B) the applicable aggregate pay cap shall be 

23 equivalent to the aggregate pay cap set forth in sec24 tion 5307(d)(1) of title 5, United States Code, for 

25 members of the Senior Executive Service.’’. 
102 

S 2809 PCS 

1 (b) Section 405(b)(4) of such Act (22 U.S.C. 

2 3965(b)(4)) is amended by inserting before the period the 

3 following: ‘‘, or the limitation under section 402(a)(3), 

4 whichever is higher’’. 

5 (c) Section 401(a) of such Act (22 U.S.C. 3961(a)) 

6 is amended by striking ‘‘shall not exceed the annual rate 

7 of pay payable for level I of such Executive Schedule’’ and 

8 inserting ‘‘shall be subject to the limitation on certain pay9 ments under section 5307 of title 5, United States Code, 

10 or the limitation under section 402(a)(3), whichever is 

11 higher’’. 

12 SEC. 416. Section 224(j) of the Foreign Relations 

13 Authorization Act, Fiscal Year 2003 (22 U.S.C. 2451 

14 note) is amended by striking ‘‘2005’’ and inserting 

15 ‘‘2007’’. 

16 SEC. 417. (a) Subsection (c) of section 591 of the 

17 Foreign Operations, Export Financing, and Related Pro18 grams Appropriations Act, 2004 (division D of Public Law 

19 108–199) is repealed. 

20 (b) Section 5925(a) of title 5, United States Code, 

21 is amended by striking ‘‘25 percent of the rate of basic 

22 pay or, in the case of an employee of the United States 

23 Agency for International Development,’’. 

24 (c) Section 5928 of title 5, United States Code, is 

25 amended by striking ‘‘25 percent of the basic pay of the 
103 

S 2809 PCS 

1 employee or 35 percent of the basic pay of the employee 

2 in the case of an employee of the United States Agency 

3 for International Development’’ both places that it ap4 pears and inserting ‘‘35 percent of the basic pay of the 

5 employee’’. 

6 SEC. 418. Section 2311(b)(1) of the Foreign Rela7 tions Authorization Act, Fiscal Years 1998 and 1999 (22 

8 U.S.C. 4010 note) is amended— 

9 (1) by striking ‘‘Not later than 90 days after 

10 the date of enactment of this Act, the’’ and inserting 

11 ‘‘The’’; 

12 (2) by striking ‘‘5 percent’’ and inserting ‘‘2 

13 percent’’; and 

14 (3) by striking ‘‘for 2 or more of the 5 years 

15 preceding the date of enactment of this Act’’ and in16 serting ‘‘at least twice in any 5-year period’’. 

17 SEC. 419. (a) Section 2 of the State Department 

18 Basic Authorities Act of 1956 (22 U.S.C. 2669) is amend19 ed by adding at the end the following: 

20 ‘‘(o) make administrative corrections or adjust21 ments to an employee’s pay, allowances, or differen22 tials, resulting from mistakes or retroactive per23 sonnel actions, as well as provide back pay and other 

24 categories of payments under section 5596 of title 5, 

25 United States Code, as part of the settlement or 
104 

S 2809 PCS 

1 compromise of administrative claims or grievances 

2 filed against the Department.’’. 

3 (b) Such section is further amended— 

4 (1) in subsection (k), by striking ‘‘and’’; 

5 (2) by transferring subsection (m) within such 

6 section to appear after subsection (l); 

7 (3) in subsections (l) and (m), by striking the 

8 period at the end of each subsection and inserting 

9 a semicolon; and 

10 (4) in subsection (n), by striking the period at 

11 the end and inserting a semicolon and ‘‘and’’. 

12 SEC. 420. Section 321(f) of the Foreign Relations 

13 Authorization Act, Fiscal Year 2003 (5 U.S.C. 8411 note; 

14 Public Law 107–228) is amended by striking ‘‘regula15 tions’’ and inserting ‘‘regulations, not later than 60 days 

16 after the date of the enactment of this Act’’. 

17 This title may be cited as the ‘‘Department of State 

18 and Related Agency Appropriations Act, 2005’’. 

19 TITLE V—RELATED AGENCIES 

20 COMMISSION FOR THE PRESERVATION OF AMERICA’S

21 HERITAGE ABROAD

22 SALARIES AND EXPENSES

23 For expenses for the Commission for the Preservation 

24 of America’s Heritage Abroad, $491,000, as authorized by 

25 section 1303 of Public Law 99–83. 
105 

S 2809 PCS 

1 COMMISSION ON CIVIL RIGHTS

2 SALARIES AND EXPENSES

3 For necessary expenses of the Commission on Civil 

4 Rights, including hire of passenger motor vehicles, 

5 $9,096,000: Provided, That not to exceed $50,000 may 

6 be used to employ consultants: Provided further, That 

7 none of the funds appropriated in this paragraph shall be 

8 used to employ in excess of four full-time individuals under 

9 Schedule C of the Excepted Service exclusive of one special 

10 assistant for each Commissioner: Provided further, That 

11 none of the funds appropriated in this paragraph shall be 

12 used to reimburse Commissioners for more than 75 

13 billable days, with the exception of the chairperson, who 

14 is permitted 125 billable days. 

15 COMMISSION ON SECURITY AND COOPERATION IN

16 EUROPE

17 SALARIES AND EXPENSES

18 For necessary expenses of the Commission on Secu19 rity and Cooperation in Europe, as authorized by Public 

20 Law 94–304, $1,598,000, to remain available until ex21 pended as authorized by section 3 of Public Law 99–7. 
106 

S 2809 PCS 

1 CONGRESSIONAL-EXECUTIVE COMMISSION ON THE

2 PEOPLE’S REPUBLIC OF CHINA

3 SALARIES AND EXPENSES

4 For necessary expenses of the Congressional-Execu5 tive Commission on the People’s Republic of China, as au6 thorized, $1,781,000, including not more than $3,000 for 

7 the purpose of official representation, to remain available 

8 until expended. 

9 EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

10 SALARIES AND EXPENSES

11 For necessary expenses of the Equal Employment 

12 Opportunity Commission as authorized by title VII of the 

13 Civil Rights Act of 1964 (29 U.S.C. 206(d) and 621–634), 

14 the Americans with Disabilities Act of 1990, and the Civil 

15 Rights Act of 1991, including services as authorized by 

16 5 U.S.C. 3109; hire of passenger motor vehicles as author17 ized by 31 U.S.C. 1343(b); non-monetary awards to pri18 vate citizens; and not to exceed $33,000,000 for payments 

19 to State and local enforcement agencies for services to the 

20 Commission pursuant to title VII of the Civil Rights Act 

21 of 1964, sections 6 and 14 of the Age Discrimination in 

22 Employment Act, the Americans with Disabilities Act of 

23 1990, and the Civil Rights Act of 1991, $327,511,000: 

24 Provided, That the Commission is authorized to make 
107 

S 2809 PCS 

1 available for official reception and representation expenses 

2 not to exceed $2,500 from available funds. 

3 FEDERAL COMMUNICATIONS COMMISSION

4 SALARIES AND EXPENSES

5 For necessary expenses of the Federal Communica6 tions Commission, as authorized by law, including uni7 forms and allowances therefor, as authorized by 5 U.S.C. 

8 5901–5902; not to exceed $600,000 for land and struc9 ture; not to exceed $500,000 for improvement and care 

10 of grounds and repair to buildings; not to exceed $4,000 

11 for official reception and representation expenses; pur12 chase and hire of motor vehicles; special counsel fees; and 

13 services as authorized by 5 U.S.C. 3109, $282,346,000: 

14 Provided, That $281,346,000 of offsetting collections shall 

15 be assessed and collected pursuant to section 9 of title I 

16 of the Communications Act of 1934, shall be retained and 

17 used for necessary expenses in this appropriation, and 

18 shall remain available until expended: Provided further, 

19 That the sum herein appropriated shall be reduced as such 

20 offsetting collections are received during fiscal year 2005 

21 so as to result in a final fiscal year 2005 appropriation 

22 estimated at $1,000,000: Provided further, That any off23 setting collections received in excess of $281,346,000 in 

24 fiscal year 2005 shall remain available until expended, but 

25 shall not be available for obligation until October 1, 2005: 
108 

S 2809 PCS 

1 Provided further, That notwithstanding 47 U.S.C. 

2 309(j)(8)(B), proceeds from the use of a competitive bid3 ding system that may be retained and made available for 

4 obligation shall not exceed $85,000,000 for fiscal year 

5 2005. 

6 FEDERAL TRADE COMMISSION

7 SALARIES AND EXPENSES

8 For necessary expenses of the Federal Trade Com9 mission, including uniforms or allowances therefor, as au10 thorized by 5 U.S.C. 5901–5902; services as authorized 

11 by 5 U.S.C. 3109; hire of passenger motor vehicles; and 

12 not to exceed $2,000 for official reception and representa13 tion expenses, $207,730,000, to remain available until ex14 pended: Provided, That not to exceed $300,000 shall be 

15 available for use to contract with a person or persons for 

16 collection services in accordance with the terms of 31 

17 U.S.C. 3718: Provided further, That, notwithstanding any 

18 other provision of law, not to exceed $101,000,000 of off19 setting collections derived from fees collected for 

20 premerger notification filings under the Hart-Scott-Ro21 dino Antitrust Improvements Act of 1976 (15 U.S.C. 

22 18a), regardless of the year of collection, shall be retained 

23 and used for necessary expenses in this appropriation: 

24 Provided further, That $20,000,000 in offsetting collec25 tions derived from fees sufficient to implement and enforce 
109 

S 2809 PCS 

1 the Telemarketing Sales Rule, promulgated under the 

2 Telephone Consumer Fraud and Abuse Prevention Act 

3 (15 U.S.C. 6101 et seq.), shall be credited to this account, 

4 and be retained and used for necessary expenses in this 

5 appropriation: Provided further, That the sum herein ap6 propriated from the general fund shall be reduced as such 

7 offsetting collections are received during fiscal year 2005, 

8 so as to result in a final fiscal year 2005 appropriation 

9 from the general fund estimated at not more than 

10 $86,730,000: Provided further, That none of the funds 

11 made available to the Federal Trade Commission may be 

12 used to enforce subsection (e) of section 43 of the Federal 

13 Deposit Insurance Act (12 U.S.C. 1831t) or section 

14 151(b)(2) of the Federal Deposit Insurance Corporation 

15 Improvement Act of 1991 (12 U.S.C. 1831t note). 

16 LEGAL SERVICES CORPORATION

17 PAYMENT TO THE LEGAL SERVICES CORPORATION

18 For payment to the Legal Services Corporation to 

19 carry out the purposes of the Legal Services Corporation 

20 Act of 1974, $335,000,000, of which $312,251,000 is for 

21 basic field programs and required independent audits; 

22 $2,600,000 is for the Office of Inspector General, of which 

23 such amounts as may be necessary may be used to conduct 

24 additional audits of recipients; $13,900,000 is for manage25 ment and administration; $3,400,000 is for client self-help 
110 

S 2809 PCS 

1 and information technology; and $2,849,000 is for grants 

2 to offset losses due to census adjustments. 

3 ADMINISTRATIVE PROVISION—LEGAL SERVICES

4 CORPORATION

5 None of the funds appropriated in this Act to the 

6 Legal Services Corporation shall be expended for any pur7 pose prohibited or limited by, or contrary to any of the 

8 provisions of, sections 501, 502, 503, 504, 505, and 506 

9 of Public Law 105–119, and all funds appropriated in this 

10 Act to the Legal Services Corporation shall be subject to 

11 the same terms and conditions set forth in such sections, 

12 except that all references in sections 502 and 503 to 1997 

13 and 1998 shall be deemed to refer instead to 2004 and 

14 2005, respectively, and except that section 501(a)(1) of 

15 Public Law 104–134 (110 Stat. 1321–51, et seq.) shall 

16 not apply to the use of the $3,131,000 to address loss 

17 of funding due to Census-based reallocations. 

18 MARINE MAMMAL COMMISSION

19 SALARIES AND EXPENSES

20 For necessary expenses of the Marine Mammal Com21 mission as authorized by title II of Public Law 92–522, 

22 $1,890,000. 

23 NATIONAL VETERANS BUSINESS DEVELOPMENT

24 CORPORATION

25 For necessary expenses of the National Veterans 

26 Business Development Corporation as authorized under 
111 

S 2809 PCS 

1 section 33(a) of the Small Business Act, $2,000,000, to 

2 remain available until expended. 

3 SECURITIES AND EXCHANGE COMMISSION

4 SALARIES AND EXPENSES

5 For necessary expenses for the Securities and Ex6 change Commission, including services as authorized by 

7 5 U.S.C. 3109, the rental of space (to include multiple 

8 year leases) in the District of Columbia and elsewhere, and 

9 not to exceed $3,000 for official reception and representa10 tion expenses, $913,000,000; of which not to exceed 

11 $13,000 may be used toward funding a permanent secre12 tariat for the International Organization of Securities 

13 Commissions; and of which not to exceed $100,000 shall 

14 be available for expenses for consultations and meetings 

15 hosted by the Commission with foreign governmental and 

16 other regulatory officials, members of their delegations, 

17 appropriate representatives and staff to exchange views 

18 concerning developments relating to securities matters, de19 velopment and implementation of cooperation agreements 

20 concerning securities matters and provision of technical 

21 assistance for the development of foreign securities mar22 kets, such expenses to include necessary logistic and ad23 ministrative expenses and the expenses of Commission 

24 staff and foreign invitees in attendance at such consulta25 tions and meetings including: (1) such incidental expenses 
112 

S 2809 PCS 

1 as meals taken in the course of such attendance; (2) any 

2 travel and transportation to or from such meetings; and 

3 (3) any other related lodging or subsistence: Provided, 

4 That fees and charges authorized by sections 6(b) of the 

5 Securities Exchange Act of 1933 (15 U.S.C. 77f(b)), and 

6 13(e), 14(g) and 31 of the Securities Exchange Act of 

7 1934 (15 U.S.C. 78m(e), 78n(g), and 78ee), shall be cred8 ited to this account as offsetting collections: Provided fur9 ther, That not to exceed $913,000,000 of such offsetting 

10 collections shall be available until expended for necessary 

11 expenses of this account: Provided further, That 

12 $20,000,000 shall be derived from prior year unobligated 

13 balances from funds previously appropriated to the Securi14 ties and Exchange Commission: Provided further, That the 

15 total amount appropriated under this heading from the 

16 general fund for fiscal year 2005 shall be reduced as such 

17 offsetting fees are received so as to result in a final total 

18 fiscal year 2005 appropriation from the general fund esti19 mated at not more than $0. 

20 Not later than April 14, 2005, the Securities and Ex21 change Commission shall submit a report to the Com22 mittee on Appropriations of the Senate and the Committee 

23 on Appropriations of the House of Representatives that 

24 provides a justification for final rules issued by the Com25 mission on June 30, 2004 (amending title 17, Code of 
113 

S 2809 PCS 

1 Federal Regulations, Parts 239, 240, and 274), requiring 

2 that the chair of the board of directors of a mutual fund 

3 be an independent director: Provided, That such report 

4 shall analyze whether mutual funds chaired by disin5 terested directors perform better, have lower expenses, or 

6 have better compliance records than mutual funds chaired 

7 by interested directors: Provided further, That the Securi8 ties and Exchange Commission shall act upon the rec9 ommendations of such report not later than January 1, 

10 2006. 

11 SMALL BUSINESS ADMINISTRATION

12 SALARIES AND EXPENSES

13 For necessary expenses, not otherwise provided for, 

14 of the Small Business Administration as authorized by 

15 Public Law 106–554, including hire of passenger motor 

16 vehicles as authorized by 31 U.S.C. 1343 and 1344, and 

17 not to exceed $3,500 for official reception and representa18 tion expenses, $357,684,000: Provided, That the Adminis19 trator is authorized to charge fees to cover the cost of pub20 lications developed by the Small Business Administration, 

21 and certain loan servicing activities: Provided further, 

22 That, notwithstanding 31 U.S.C. 3302, revenues received 

23 from all such activities shall be credited to this account, 

24 to be available for carrying out these purposes without fur25 ther appropriations: Provided further, That $88,000,000 
114 

S 2809 PCS 

1 shall be available to fund grants for performance in fiscal 

2 year 2005 or fiscal year 2006 as authorized: Provided fur3 ther, That the Small Business Administration is author4 ized to award grants under the Women’s Business Center 

5 Sustainability Pilot Program established by section 4(a) 

6 of Public Law 106–165 (15 U.S.C. 656(l)): Provided fur7 ther, That, of the funds provided in the Consolidated Ap8 propriations Act, 2004, Public Law 108–199, section 2, 

9 division B, title V, 118 Stat. 91 under the heading ‘‘Small 

10 Business Administration Salaries and Expenses’’, for nec11 essary expenses, $3,675,500 shall remain available until 

12 expended for awards of Women’s Business Centers sus13 tainability grants, as authorized by this Act: Provided fur14 ther, That, of the amounts provided for Women’s Business 

15 Centers, not less than 48 percent shall be available to con16 tinue Women’s Business Centers in sustainability status. 

17 OFFICE OF INSPECTOR GENERAL

18 For necessary expenses of the Office of Inspector 

19 General in carrying out the provisions of the Inspector 

20 General Act of 1978, $13,014,000. 

21 SURETY BOND GUARANTEES REVOLVING FUND

22 For additional capital for the Surety Bond Guaran23 tees Revolving Fund, authorized by the Small Business 

24 Investment Act, as amended, $11,400,000, to remain 

25 available until expended. 
115 

S 2809 PCS 

1 BUSINESS LOANS PROGRAM ACCOUNT

2 For the cost of guaranteed loans, $71,910,000, as au3 thorized by 15 U.S.C. 631 note, of which $45,000,000 

4 shall remain available until September 30, 2006: Provided, 

5 That such costs, including the cost of modifying such 

6 loans, shall be as defined in section 502 of the Congres7 sional Budget Act of 1974: Provided further, That subject 

8 to section 502 of the Congressional Budget Act of 1974, 

9 during fiscal year 2005 commitments to guarantee loans 

10 under section 503 of the Small Business Investment Act 

11 of 1958, shall not exceed $5,000,000,000: Provided fur12 ther, That during fiscal year 2005 commitments for gen13 eral business loans authorized under section 7(a) of the 

14 Small Business Act, shall not exceed $14,500,000,000: 

15 Provided further, That during fiscal year 2005 commit16 ments to guarantee loans for debentures and participating 

17 securities under section 303(b) of the Small Business In18 vestment Act of 1958, shall not exceed the levels estab19 lished by section 20(i)(1)(C) of the Small Business Act. 

20 In addition, for administrative expenses to carry out 

21 the direct and guaranteed loan programs, $129,000,000, 

22 which may be transferred to and merged with the appro23 priations for Salaries and Expenses. 

24 DISASTER LOANS PROGRAM ACCOUNT

25 For the cost of direct loans authorized by section 7(b) 

26 of the Small Business Act, $65,000,000, to remain avail-
116 

S 2809 PCS 

1 able until expended: Provided, That such costs, including 

2 the cost of modifying such loans, shall be as defined in 

3 section 502 of the Congressional Budget Act of 1974. 

4 In addition, for administrative expenses to carry out 

5 the direct loan program, $113,909,000, which may be 

6 transferred to and merged with appropriations for Salaries 

7 and Expenses, of which $500,000 is for the Office of In8 spector General of the Small Business Administration for 

9 audits and reviews of disaster loans and the disaster loan 

10 program and shall be transferred to and merged with ap11 propriations for the Office of Inspector General; of which 

12 $105,409,000 is for direct administrative expenses of loan 

13 making and servicing to carry out the direct loan program; 

14 and of which $8,000,000 is for indirect administrative ex15 penses and may be transferred to and merged with funds 

16 in the Salaries and Expenses appropriations account: Pro17 vided, That any amount in excess of $8,000,000 to be 

18 transferred to and merged with appropriations for Salaries 

19 and Expenses for indirect administrative expenses shall be 

20 treated as a reprogramming of funds under section 605 

21 of this Act and shall not be available for obligation or ex22 penditure except in compliance with the procedures set 

23 forth in that section. 
117 

S 2809 PCS 

1 ADMINISTRATIVE PROVISION—SMALL BUSINESS

2 ADMINISTRATION

3 Not to exceed 5 percent of any appropriation made 

4 available for the current fiscal year for the Small Business 

5 Administration in this Act may be transferred between 

6 such appropriations, but no such appropriation shall be 

7 increased by more than 10 percent by any such transfers: 

8 Provided, That any transfer pursuant to this paragraph 

9 shall be treated as a reprogramming of funds under sec10 tion 605 of this Act and shall not be available for obliga11 tion or expenditure except in compliance with the proce12 dures set forth in that section. 

13 STATE JUSTICE INSTITUTE

14 SALARIES AND EXPENSES

15 For necessary expenses of the State Justice Institute, 

16 as authorized by the State Justice Institute Authorization 

17 Act of 1992 (Public Law 102–572), $3,000,000: Provided, 

18 That not to exceed $2,500 shall be available for official 

19 reception and representation expenses. 

20 UNITED STATES-CHINA ECONOMIC AND SECURITY

21 REVIEW COMMISSION

22 SALARIES AND EXPENSES

23 For necessary expenses of the United States-China 

24 Economic and Security Review Commission, $2,300,000, 
118 

S 2809 PCS 

1 including not more than $5,000 for the purpose of official 

2 representation, to remain available until expended. 

3 UNITED STATES SENATE-CHINA INTERPARLIAMENTARY

4 GROUP

5 SALARIES AND EXPENSES

6 For necessary expenses of the United States Senate7 China Interparliamentary Group, as authorized under 

8 Section 153 of the Consolidated Appropriations Act, 2004 

9 (22 U.S.C. 276n; Public Law 108–199; 118 Stat. 448), 

10 $100,000, to remain available until expended. 

11 TITLE VI—GENERAL PROVISIONS 

12 (INCLUDING RESCISSIONS)

13 SEC. 601. The Departments of Commerce, Justice, 

14 and State, the Judiciary and the Small Business Adminis15 tration shall provide to the Committees on Appropriations 

16 of the Senate and of the House of Representatives a quar17 terly accounting of the cumulative balances of any unobli18 gated funds that were made available to any such agency 

19 in any previous appropriations Act. 

20 SEC. 602. No part of any appropriation contained in 

21 this Act shall remain available for obligation beyond the 

22 current fiscal year unless expressly so provided herein. 

23 SEC. 603. The expenditure of any appropriation 

24 under this Act for any consulting service through procure25 ment contract, pursuant to 5 U.S.C. 3109, shall be limited 
119 

S 2809 PCS 

1 to those contracts where such expenditures are a matter 

2 of public record and available for public inspection, except 

3 where otherwise provided under existing law, or under ex4 isting Executive order issued pursuant to existing law. 

5 SEC. 604. If any provision of this Act or the applica6 tion of such provision to any person or circumstances shall 

7 be held invalid, the remainder of the Act and the applica8 tion of each provision to persons or circumstances other 

9 than those as to which it is held invalid shall not be af10 fected thereby. 

11 SEC. 605. (a) None of the funds provided under this 

12 Act, or provided under previous appropriations Acts to the 

13 agencies funded by this Act that remain available for obli14 gation or expenditure in fiscal year 2005, or provided from 

15 any accounts in the Treasury of the United States derived 

16 by the collection of fees available to the agencies funded 

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

18 through a reprogramming of funds that: (1) creates new 

19 programs; (2) eliminates a program, project, or activity; 

20 (3) increases funds or personnel by any means for any 

21 project or activity for which funds have been denied or 

22 restricted; (4) relocates an office or employees; (5) reorga23 nizes or renames offices; (6) reorganizes programs or ac24 tivities; or (7) contracts out or privatizes any functions 

25 or activities presently performed by Federal employees; 
120 

S 2809 PCS 

1 unless the Appropriations Committees of both Houses of 

2 Congress are notified 15 days in advance of such re3 programming of funds. 

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

5 provided under previous appropriations Acts to the agen6 cies funded by this Act that remain available for obligation 

7 or expenditure in fiscal year 2005, or provided from any 

8 accounts in the Treasury of the United States derived by 

9 the collection of fees available to the agencies funded by 

10 this Act, shall be available for obligation or expenditure 

11 for activities, programs, or projects through a reprogram12 ming of funds in excess of $1,000,000 or 10 percent, 

13 whichever is less, that: (1) augments existing programs, 

14 projects (including construction projects), or activities; (2) 

15 reduces by 10 percent funding for any existing program, 

16 project, or activity, or numbers of personnel by 10 percent 

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

18 savings from a reduction in personnel which would result 

19 in a change in existing programs, activities, or projects 

20 as approved by Congress; unless the Appropriations Com21 mittees of both Houses of Congress are notified 15 days 

22 in advance of such reprogramming of funds: Provided, 

23 That transfers may not be made from ‘‘Buildings and Fa24 cilities, Federal Prison System’’ to any other Department 

25 of Justice account. 
121 

S 2809 PCS 

1 SEC. 606. Hereafter, none of the funds made avail2 able in this Act or any other Act may be used for the 

3 construction, repair (other than emergency repair), over4 haul, conversion, or modernization of vessels for the Na5 tional Oceanic and Atmospheric Administration in ship6 yards located outside of the United States. 

7 SEC. 607. If it has been finally determined by a court 

8 or Federal agency that any person intentionally affixed a 

9 label bearing a ‘‘Made in America’’ inscription, or any in10 scription with the same meaning, to any product sold in 

11 or shipped to the United States that is not made in the 

12 United States, the person shall be ineligible to receive any 

13 contract or subcontract made with funds made available 

14 in this Act, pursuant to the debarment, suspension, and 

15 ineligibility procedures described in sections 9.400 through 

16 9.409 of title 48, Code of Federal Regulations. 

17 SEC. 608. None of the funds appropriated or other18 wise made available by this Act or any other Act may be 

19 used to implement, enforce, or otherwise abide by the 

20 Memorandum of Agreement signed by the Federal Trade 

21 Commission and the Antitrust Division of the Department 

22 of Justice on March 5, 2002. 

23 SEC. 609. None of the funds made available by this 

24 Act may be used for any United Nations undertaking 

25 when it is made known to the Federal official having au-
122 

S 2809 PCS 

1 thority to obligate or expend such funds that: (1) the 

2 United Nations undertaking is a peacekeeping mission; (2) 

3 such undertaking will involve United States Armed Forces 

4 under the command or operational control of a foreign na5 tional; and (3) the President’s military advisors have not 

6 submitted to the President a recommendation that such 

7 involvement is in the national security interests of the 

8 United States and the President has not submitted to the 

9 Congress such a recommendation. 

10 SEC. 610. (a) None of the funds appropriated or oth11 erwise made available by this Act shall be expended for 

12 any purpose for which appropriations are prohibited by 

13 section 609 of the Departments of Commerce, Justice, and 

14 State, the Judiciary, and Related Agencies Appropriations 

15 Act, 1999. 

16 (b) The requirements in subparagraphs (A) and (B) 

17 of section 609 of that Act shall continue to apply during 

18 fiscal year 2005. 

19 SEC. 611. Any costs incurred by a department or 

20 agency funded under this Act resulting from personnel ac21 tions taken in response to funding reductions included in 

22 this Act shall be absorbed within the total budgetary re23 sources available to such department or agency: Provided, 

24 That the authority to transfer funds between appropria25 tions accounts as may be necessary to carry out this sec-
123 

S 2809 PCS 

1 tion is provided in addition to authorities included else2 where in this Act: Provided further, That use of funds to 

3 carry out this section shall be treated as a reprogramming 

4 of funds under section 605 of this Act and shall not be 

5 available for obligation or expenditure except in compli6 ance with the procedures set forth in that section. 

7 SEC. 612. Of the funds appropriated in this Act 

8 under the heading ‘‘Office of Justice Programs—State 

9 and Local Law Enforcement Assistance’’, not more than 

10 90 percent of the amount to be awarded to an entity under 

11 the Local Law Enforcement Block Grant shall be made 

12 available to such an entity when it is made known to the 

13 Federal official having authority to obligate or expend 

14 such funds that the entity that employs a public safety 

15 officer (as such term is defined in section 1204 of title 

16 I of the Omnibus Crime Control and Safe Streets Act of 

17 1968) does not provide such a public safety officer who 

18 retires or is separated from service due to injury suffered 

19 as the direct and proximate result of a personal injury 

20 sustained in the line of duty while responding to an emer21 gency situation or a hot pursuit (as such terms are defined 

22 by State law) with the same or better level of health insur23 ance benefits at the time of retirement or separation as 

24 they received while on duty. 
124 

S 2809 PCS 

1 SEC. 613. None of the funds provided by this Act 

2 shall be available to promote the sale or export of tobacco 

3 or tobacco products, or to seek the reduction or removal 

4 by any foreign country of restrictions on the marketing 

5 of tobacco or tobacco products, except for restrictions 

6 which are not applied equally to all tobacco or tobacco 

7 products of the same type. 

8 SEC. 614. (a) None of the funds appropriated or oth9 erwise made available by this Act shall be expended for 

10 any purpose for which appropriations are prohibited by 

11 section 616 of the Departments of Commerce, Justice, and 

12 State, the Judiciary, and Related Agencies Appropriations 

13 Act, 1999. 

14 (b) The requirements in subsections (b) and (c) of 

15 section 616 of that Act shall continue to apply during fis16 cal year 2005. 

17 SEC. 615. Notwithstanding any other provision of 

18 law, amounts deposited or available in the Fund estab19 lished under 42 U.S.C. 10601 in any fiscal year in excess 

20 of $625,000,000 shall not be available for obligation until 

21 the following fiscal year. 

22 SEC. 616. None of the funds appropriated or other23 wise made available to the Department of State shall be 

24 available for the purpose of granting either immigrant or 

25 nonimmigrant visas, or both, consistent with the deter-
125 

S 2809 PCS 

1 mination of the Secretary of State under section 243(d) 

2 of the Immigration and Nationality Act, to citizens, sub3 jects, nationals, or residents of countries that the Sec4 retary of Homeland Security has determined deny or un5 reasonably delay accepting the return of citizens, subjects, 

6 nationals, or residents under that section. 

7 SEC. 617. Of the amounts made available under the 

8 heading ‘‘Small Business Administration, Salaries and 

9 Expenses’’, $1,300,000 shall be available for the Adelante 

10 Development Center, Inc.; $500,000 shall be available for 

11 the Advanced Polymer Processing Institute; $150,000 

12 shall be available for the Alaska Procurement Technical 

13 Assistance Center; $1,200,000 shall be available to estab14 lish a Small Business Development Center in Wrangell, 

15 Alaska; $50,000 shall be available for the Badlands South 

16 Central Enterprise Facilitation; $500,000 shall be avail17 able for the Benton County Business Enterprise Center; 

18 $1,000,000 shall be available for Black Hills Central Res19 ervations in Rapid City, South Dakota, for tourism pro20 motion; $100,000 shall be available for Black Hills Com21 munity Economic Development, Inc.; $500,000 shall be 

22 available for the Center for Applied Research and Eco23 nomic Development at the University of Southern Indiana; 

24 $1,000,000 shall be available for the Center for Biobased 

25 Technology Commercialization; $1,000,000 shall be avail-
126 

S 2809 PCS 

1 able for the Center for Emerging Technologies; $216,100 

2 shall be available for the Center for Entrepreneurship and 

3 Technology at the Nevada Commission for Economic De4 velopment; $200,000 shall be available for the Central 

5 Connecticut State University Institute of Technology and 

6 Business Development; $600,000 shall be available for the 

7 Des Moines Higher Education Pappajohn Center; 

8 $600,000 shall be available for the East Central Indiana 

9 Business Incubator at Ball State University; $200,000 

10 shall be available for the Entrepeneurial Venture Assist11 ance Demonstration Project at the Iowa Department of 

12 Economic Development; $300,000 shall be available for 

13 the Entrepreneurship Academy at Mississippi Valley State 

14 University; $100,000 shall be available for Genesis of In15 novation; $200,000 shall be available for the Idaho Virtual 

16 Incubator at Lewis-Clark State College for an E-Com17 merce Certification program; $1,000,000 shall be available 

18 for the Industrial Outreach Service at Mississippi State 

19 University; $4,500,000 shall be available for the Innova20 tion and Commercialization Center at the University of 

21 Southern Mississippi; $300,000 shall be available for the 

22 Kennebec Valley Council of Governments’ Business Devel23 opment Program; $300,000 shall be available for the 

24 Knoxville College Small Business Incubator Program; 

25 $500,000 shall be available for the Louisiana State Uni-
127 

S 2809 PCS 

1 versity Law School’s Latin American Commercial Law 

2 Program; $350,000 shall be available for the Manufac3 turing Process Improvement for Shipbuilding Project; 

4 $800,000 shall be available for the Minority Business De5 velopment Center at Alcorn State University; $250,000 

6 shall be available for the Mississippi Delta Technology 

7 Council; $1,000,000 shall be available for the Mississippi 

8 Technology Alliance; $200,000 shall be available for the 

9 Montana Department of Commerce for a State govern10 ment information sharing initiative; $1,000,000 shall be 

11 available for the Myrtle Beach International Trade and 

12 Convention Center; $1,000,000 shall be available for the 

13 New Product Development and Commercialization Center 

14 for Rural Manufacturers; $1,000,000 shall be available for 

15 Operation Safe Commerce; $200,000 shall be available for 

16 the Rural Information Technology Jobs Initiative at 

17 Washington State University; $2,000,000 shall be avail18 able for the School of Community Economic Development 

19 at the University of Southern New Hampshire; $400,000 

20 shall be available for the Southern University Founda21 tion’s Martin Luther King Initiative; $400,000 shall be 

22 available for Technology 2020; $1,580,000 shall be avail23 able for the Technology Venture Center/InvestNet Part24 nership for Alaska and Montana; $800,000 shall be avail25 able for the Textile Marking System; $500,000 shall be 
128 

S 2809 PCS 

1 available for the Towson University International Busi2 ness Incubator; $2,000,000 shall be available for the Tuck 

3 School of Business/MBDA Partnership; $500,000 shall be 

4 available for the University of Colorado Nanotechnology 

5 and Characterization Facility; $8,000,000 shall be avail6 able for the University of South Carolina Thomas Cooper 

7 Library; $200,000 shall be available for the Women’s 

8 Business Development Center in Stamford, Connecticut; 

9 and $300,000 shall be available for the World Trade Cen10 ter of Greater Philadelphia. 

11 SEC. 618. None of the funds appropriated pursuant 

12 to this Act or any other provision of law may be used for: 

13 (1) the implementation of any tax or fee in connection 

14 with the implementation of 18 U.S.C. 922(t); and (2) any 

15 system to implement 18 U.S.C. 922(t) that does not re16 quire and result in the destruction of any identifying infor17 mation submitted by or on behalf of any person who has 

18 been determined not to be prohibited from owning a fire19 arm. 

20 SEC. 619. All disaster loans issued in Alaska shall 

21 be administered by the Small Business Administration and 

22 shall not be sold during fiscal year 2005. 

23 SEC. 620. None of the funds made available in this 

24 Act may be transferred to any department, agency, or in25 strumentality of the United States Government, except 
129 

S 2809 PCS 

1 pursuant to a transfer made by, or transfer authority pro2 vided in, this Act or any other appropriations Act. 

3 SEC. 621. The Secretary of Commerce shall represent 

4 the United States Government in negotiating and moni5 toring international agreements regarding fisheries, ma6 rine mammals, or sea turtles: Provided, That the Sec7 retary of Commerce shall be responsible for the develop8 ment and interdepartmental coordination of the policies 

9 of the United States with respect to the international ne10 gotiations and agreements referred to in this section. 

11 SEC. 622. None of the funds made available in this 

12 Act may be used in violation of section 212(a)(10)(C) of 

13 the Immigration and Nationality Act. 

14 SEC. 623. (a) Except as provided in subsection (b), 

15 a project to construct a diplomatic facility of the United 

16 States may not include office space or other accommoda17 tions for an employee of a department or agency of the 

18 United States if the Secretary of State determines that 

19 such department or agency has not provided to the De20 partment of State the full amount of funding required by 

21 subsection (e) of section 604 of the Secure Embassy Con22 struction and Counterterrorism Act of 1999 (as enacted 

23 into law by section 1000(a)(7) of Public Law 106–113 and 

24 contained in appendix G of that Act; 113 Stat. 1501A– 

25 453), as added by section 413 of this Act. 
130 

S 2809 PCS 

1 (b) Notwithstanding the prohibition in subsection (a), 

2 a project to construct a diplomatic facility of the United 

3 States may include office space or other accommodations 

4 for members of the Marine Corps. 

5 SEC. 624. (a) The Federal Bureau of Investigation, 

6 the Department of Homeland Security, and the Depart7 ment of State shall jointly conduct a thorough study of 

8 all matters relating to the efficiency and effectiveness of 

9 the interagency process used to review applications for 

10 nonimmigrant visas issued under section 221(a)(1)(B) of 

11 the Immigration and Nationality Act (8 U.S.C. 

12 1201(a)(1)(B)). The Federal Bureau of Investigation, the 

13 Department of Homeland Security, and the Department 

14 of State shall, in conducting this study, develop rec15 ommendations on— 

16 (1) clearance procedures for nonimmigrant 

17 visas that should be eliminated; 

18 (2) such procedures that should be continued; 

19 (3) the appropriate Federal agencies or depart20 ments or entities that should participate in each 

21 such procedure; and 

22 (4) legislation that could be enacted to increase 

23 the efficiency and effectiveness of such procedures. 

24 (b) Not later than 1 year after the date of enactment 

25 of this Act, the Federal Bureau of Investigation, the De-
131 

S 2809 PCS 

1 partment of Homeland Security, and the Department of 

2 State shall jointly submit a report to the Committees on 

3 Appropriations of the Senate and House of Representa4 tives which shall contain a detailed statement of the find5 ings and conclusions of the study referred to in subsection 

6 (a), together with recommendations for such legislation 

7 and administrative actions as the Federal Bureau of In8 vestigation, the Department of Homeland Security, and 

9 the Department of State consider appropriate. The report 

10 may be submitted in a classified and unclassified form. 

11 SEC. 625. None of the funds made available in this 

12 Act may be used for a United States contribution to any 

13 specialized agency, body, or commission of the United Na14 tions that is chaired or presided over by a representative 

15 of a country, if the Secretary of State has determined 

16 under section 6(j)(1)(A) of the Export Administration Act 

17 of 1979 (50 U.S.C. App. 2405(j)(1)(A)) that the govern18 ment of such country has provided support for acts of 

19 international terrorism. 

20 SEC. 626. None of the funds made available in this 

21 Act shall be used in any way whatsoever to support or 

22 justify the use of torture by any official or contract em23 ployee of the United States Government. 

24 SEC. 627. That of the unobligated balances available 

25 in the Working Capital Fund under the heading, ‘‘Depart-
132 

S 2809 PCS 

1 ment of Justice, General Administration’’, $44,000,000 

2 shall be rescinded. 

3 SEC. 628. Of the unobligated balances available 

4 under the heading, ‘‘Department of Justice, Legal Activi5 ties, Asset Forfeiture Fund’’, $30,000,000 are rescinded. 

6 SEC. 629. That of the unobligated balances under the 

7 heading, ‘‘Department of Justice’’, $98,125,000 are re8 scinded, none of which shall be rescinded from the bal9 ances under the heading, ‘‘Office of Justice Programs’’, 

10 or the heading, ‘‘Community Oriented Policing Services’’. 

11 SEC. 630. CONTROLLED SUBSTANCES ACT AND RE12 LATED ACTS. (a) DIVERSION CONTROL PROGRAM.—Sec13 tion 111(b) of Public Law 102–395 (21 U.S.C. 886a) is 

14 amended— 

15 (1) by redesignating paragraphs (1) through 

16 (5) as subparagraphs (A) through (E), and indent17 ing accordingly; 

18 (2) in subparagraph (B), as redesignated, by 

19 striking ‘‘program.’’ and inserting ‘‘program. Such 

20 reimbursements shall be made without distin21 guishing between expenses related to controlled sub22 stance activities and expenses related to chemical ac23 tivities.’’; 

24 (3) by striking ‘‘There is established’’ and in25 serting the following: 
133 

S 2809 PCS 

1 ‘‘(1) IN GENERAL.—There is established’’; and 

2 (4) by adding at the end the following: 

3 ‘‘(2) DEFINITIONS.—In this section: 

4 ‘‘(A) DIVERSION CONTROL PROGRAM.— 

5 The term ‘diversion control program’ means the 

6 controlled substance and chemical diversion 

7 control activities of the Drug Enforcement Ad8 ministration that are carried out by the Office 

9 of Diversion Control and field diversion ele10 ments of that agency. 

11 ‘‘(B) CONTROLLED SUBSTANCE AND

12 CHEMICAL DIVERSION CONTROL ACTIVITIES.— 

13 The term ‘controlled substance and chemical di14 version control activities’ means those activities 

15 related to the registration and control of the 

16 manufacture, distribution, and dispensing of 

17 controlled substances and listed chemicals.’’. 

18 (b) RULES AND REGULATIONS.—Section 301 of the 

19 Controlled Substances Act (21 U.S.C. 821) is amended 

20 by striking ‘‘the registration and control of regulated’’ and 

21 all that follows through the period, and inserting ‘‘listed 

22 chemicals.’’ 

23 (c) IMPORTERS AND EXPORTERS OF CONTROLLED

24 SUBSTANCES.—Section 1088(f) of the Controlled Sub-
134 

S 2809 PCS 

1 stances Import and Export Act (21 U.S.C. 958(f)) is 

2 amended— 

3 (1) by inserting ‘‘and control’’ after ‘‘the reg4 istration’’; and 

5 (2) by striking ‘‘list I chemicals under this sec6 tion.’’ and inserting ‘‘listed chemicals.’’. 

7 SEC. 631. UNIVERSAL SERVICE SUPPORT. None of 

8 the funds appropriated by this Act may be used by the 

9 Federal Communications Commission to modify, amend, 

10 or change its rules or regulations for universal service sup11 port payments to implement the February 27, 2004 rec12 ommendations of the Federal-State Joint Board on Uni13 versal Service regarding single connection or primary line 

14 restrictions on universal service support payments. 

15 SEC. 632. The unobligated balance of the amount ap16 propriated by title V of the Departments of Commerce, 

17 Justice, and State, the Judiciary, and Related Agencies 

18 Appropriations Act, 2002 (Public Law 107–77; 115 Stat. 

19 798) for necessary expenses of the United States-Canada 

20 Alaska Rail Commission shall be transferred as a direct 

21 lump-sum payment to the University of Alaska. 

22 TITLE VII—PATENT AND TRADEMARK FEES 

23 SECTION. 701. FEES FOR PATENT SERVICES. 

24 (a) GENERAL PATENT FEES.—During fiscal year 

25 2005, subsection (a) of section 41 of title 35, United 
135 

S 2809 PCS 

1 States Code, shall be administered as though that sub2 section reads as follows: 

3 ‘‘(a) GENERAL FEES.—The Director shall charge the 

4 following fees: 

5 ‘‘(1) FILING AND BASIC NATIONAL FEES.— 

6 ‘‘(A) On filing each application for an 

7 original patent, except for design, plant, or pro8 visional applications, $300. 

9 ‘‘(B) On filing each application for an 

10 original design patent, $200. 

11 ‘‘(C) On filing each application for an 

12 original plant patent, $200. 

13 ‘‘(D) On filing each provisional application 

14 for an original patent, $200. 

15 ‘‘(E) On filing each application for the re16 issue of a patent, $300. 

17 ‘‘(F) The basic national fee for each inter18 national application filed under the treaty de19 fined in section 351(a) of this title entering the 

20 national stage under section 371 of this title, 

21 $300. 

22 ‘‘(G) In addition, excluding any sequence 

23 listing or computer program listing filed in an 

24 electronic medium as prescribed by the Direc25 tor, for any application the specification and 
136 

S 2809 PCS 

1 drawings of which exceed 100 sheets of paper 

2 (or equivalent as prescribed by the Director if 

3 filed in an electronic medium), $250 for each 

4 additional 50 sheets of paper (or equivalent as 

5 prescribed by the Director if filed in an elec6 tronic medium) or fraction thereof. 

7 ‘‘(2) EXCESS CLAIMS FEES.—In addition to the 

8 fee specified in paragraph (1)— 

9 ‘‘(A) on filing or on presentation at any 

10 other time, $200 for each claim in independent 

11 form in excess of 3; 

12 ‘‘(B) on filing or on presentation at any 

13 other time, $50 for each claim (whether de14 pendent or independent) in excess of 20; and 

15 ‘‘(C) for each application containing a mul16 tiple dependent claim, $360. 

17 For the purpose of computing fees under this para18 graph, a multiple dependent claim referred to in sec19 tion 112 of this title or any claim depending there20 from shall be considered as separate dependent 

21 claims in accordance with the number of claims to 

22 which reference is made. The Director may by regu23 lation provide for a refund of any part of the fee 

24 specified in this paragraph for any claim that is can25 celed before an examination on the merits, as pre-
137 

S 2809 PCS 

1 scribed by the Director, has been made of the appli2 cation under section 131 of this title. Errors in pay3 ment of the additional fees under this paragraph 

4 may be rectified in accordance with regulations pre5 scribed by the Director. 

6 ‘‘(3) EXAMINATION FEES.— 

7 ‘‘(A) For examination of each application 

8 for an original patent, except for design, plant, 

9 provisional, or international applications, $200. 

10 ‘‘(B) For examination of each application 

11 for an original design patent, $130. 

12 ‘‘(C) For examination of each application 

13 for an original plant patent, $160. 

14 ‘‘(D) For examination of the national stage 

15 of each international application, $200. 

16 ‘‘(E) For examination of each application 

17 for the reissue of a patent, $600. 

18 ‘‘(4) ISSUE FEES.— 

19 ‘‘(A) For issuing each original patent, ex20 cept for design or plant patents, $1,400. 

21 ‘‘(B) For issuing each original design pat22 ent, $800. 

23 ‘‘(C) For issuing each original plant pat24 ent, $1,100. 
138 

S 2809 PCS 

1 ‘‘(D) For issuing each reissue patent, 

2 $1,400. 

3 ‘‘(5) DISCLAIMER FEE.—On filing each dis4 claimer, $130. 

5 ‘‘(6) APPEAL FEES.— 

6 ‘‘(A) On filing an appeal from the exam7 iner to the Board of Patent Appeals and Inter8 ferences, $500. 

9 ‘‘(B) In addition, on filing a brief in sup10 port of the appeal, $500, and on requesting an 

11 oral hearing in the appeal before the Board of 

12 Patent Appeals and Interferences, $1,000. 

13 ‘‘(7) REVIVAL FEES.—On filing each petition 

14 for the revival of an unintentionally abandoned ap15 plication for a patent, for the unintentionally delayed 

16 payment of the fee for issuing each patent, or for an 

17 unintentionally delayed response by the patent owner 

18 in any reexamination proceeding, $1,500, unless the 

19 petition is filed under section 133 or 151 of this 

20 title, in which case the fee shall be $500. 

21 ‘‘(8) EXTENSION FEES.—For petitions for 1- 

22 month extensions of time to take actions required by 

23 the Director in an application— 

24 ‘‘(A) on filing a first petition, $120; 

25 ‘‘(B) on filing a second petition, $330; and 
139 

S 2809 PCS 

1 ‘‘(C) on filing a third or subsequent peti2 tion, $570.’’. 

3 (b) PATENT MAINTENANCE FEES.—During fiscal 

4 year 2005, subsection (b) of Section 41 of title 35, United 

5 States Code, shall be administered as though that sub6 section reads as follows: 

7 ‘‘(b) MAINTENANCE FEES.—The Director shall 

8 charge the following fees for maintaining in force all pat9 ents based on applications filed on or after December 12, 

10 1980: 

11 ‘‘(1) 3 years and 6 months after grant, $900. 

12 ‘‘(2) 7 years and 6 months after grant, $2,300. 

13 ‘‘(3) 11 years and 6 months after grant, 

14 $3,800. 

15 (c) PATENT SEARCH FEES.—During fiscal year 

16 2005, subsection (d) of section 41 of title 35, United 

17 States Code, shall be administered as though that sub18 section reads as follows: 

19 ‘‘(d) PATENT SEARCH AND OTHER FEES.— 

20 ‘‘(1) PATENT SEARCH FEES.— 

21 ‘‘(A) The Director shall charge a fee for 

22 the search of each application for a patent, ex23 cept for provisional applications. The Director 

24 shall establish the fees charged under this para25 graph to recover an amount not to exceed the 
140 

S 2809 PCS 

1 estimated average cost to the Office of search2 ing applications for patent either by acquiring 

3 a search report from a qualified search author4 ity, or by causing a search by Office personnel 

5 to be made, of each application for patent. For 

6 the 3-year period beginning on October 1, 2004, 

7 the fee for a search by a qualified search au8 thority of a patent application described in 

9 clause (i), (iv), or (v) of subparagraph (B) may 

10 not exceed $500, of a patent application de11 scribed in clause (ii) of subparagraph (B) may 

12 not exceed $100, and of a patent application 

13 described in clause (iii) of subparagraph (B) 

14 may not exceed $300. The Director may not in15 crease any such fee by more than 20 percent in 

16 each of the next three 1-year periods, and the 

17 Director may not increase any such fee there18 after. 

19 ‘‘(B) For purposes of determining the fees 

20 to be established under this paragraph, the cost 

21 to the Office of causing a search of an applica22 tion to be made by Office personnel shall be 

23 deemed to be— 
141 

S 2809 PCS 

1 ‘‘(i) $500 for each application for an 

2 original patent, except for design, plant, 

3 provisional, or international applications; 

4 ‘‘(ii) $100 for each application for an 

5 original design patent; 

6 ‘‘(iii) $300 for each application for an 

7 original plant patent; 

8 ‘‘(iv) $500 for the national stage of 

9 each international application; and 

10 ‘‘(v) $500 for each application for the 

11 reissue of a patent. 

12 ‘‘(C) The provisions of section 111(a)(3) of 

13 this title relating to the payment of the fee for 

14 filing the application shall apply to the payment 

15 of the fee specified in this paragraph with re16 spect to an application filed under section 

17 111(a) of this title. The provisions of section 

18 371(d) of this title relating to the payment of 

19 the national fee shall apply to the payment of 

20 the fee specified in this paragraph with respect 

21 to an international application. 

22 ‘‘(D) The Director may by regulation pro23 vide for a refund of any part of the fee specified 

24 in this paragraph for any applicant who files a 

25 written declaration of express abandonment as 
142 

S 2809 PCS 

1 prescribed by the Director before an examina2 tion has been made of the application under 

3 section 131 of this title, and for any applicant 

4 who provides a search report that meets the 

5 conditions prescribed by the Director. 

6 ‘‘(2) OTHER FEES.—The Director shall estab7 lish fees for all other processing, services, or mate8 rials relating to patents not specified in this section 

9 to recover the estimated average cost to the Office 

10 of such processing, services, or materials, except that 

11 the Director shall charge the following fees for the 

12 following services: 

13 ‘‘(A) For recording a document affecting 

14 title, $40 per property. 

15 ‘‘(B) For each photocopy, $.25 per page. 

16 ‘‘(C) For each black and white copy of a 

17 patent, $3. 

18 The yearly fee for providing a library specified in 

19 section 12 of this title with uncertified printed copies 

20 of the specifications and drawings for all patents in 

21 that year shall be $50.’’. 

22 (d) ADJUSTMENTS.—During fiscal year 2005, sub23 section (f) of section 41 of title 35, United States Code, 

24 shall apply to the fees established under the amendments 

25 made by this section. 
143 

S 2809 PCS 

1 (e) FEES FOR SMALL ENTITIES.—During fiscal year 

2 2005, subsection (h) of section 41 of title 35, United 

3 States Code, shall be administered as though that sub4 section is amended— 

5 (1) in paragraph (1), by striking ‘‘Fees charged 

6 under subsection (a) or (b)’’ and inserting ‘‘Subject 

7 to paragraph (3), fees charged under subsections 

8 (a), (b), and (d)(1)’’; and 

9 (2) by adding at the end the following new 

10 paragraph: 

11 ‘‘(3) The fee charged under subsection 

12 (a)(1)(A) shall be reduced by 75 percent with re13 spect to its application to any entity to which para14 graph (1) applies, if the application is filed by elec15 tronic means as prescribed by the Director.’’. 

16 SEC. 702. ADJUSTMENT OF TRADEMARK FEES. 

17 (a) FEE FOR FILING APPLICATION.—During fiscal 

18 year 2005, under such conditions as may be prescribed 

19 by the Director, the fee under section 31(a) of the Trade20 mark Act of 1946 (15 U.S.C. 1113(a)) for: (a) the filing 

21 of a paper application for the registration of a trademark 

22 shall be $375; (b) the filing of an electronic application 

23 shall be $325; and (c) the filing of an electronic applica24 tion meeting certain additional requirements prescribed by 

25 the Director shall be $275. During fiscal year 2005, the 
144 

S 2809 PCS 

1 provisions of the second and third sentences of section 

2 31(a) of the Trademark Act of 1946 shall apply to the 

3 fees established under this section. 

4 (b) REFERENCE TO TRADEMARK ACT OF 1946.—For 

5 purposes of this section, the ‘‘Trademark Act of 1946’’ 

6 refers to the Act entitled ‘‘An Act to provide for the reg7 istration and protection of trademarks used in commerce, 

8 to carry out the provisions of certain international conven9 tions, and for other purposes.’’, approved July 5, 1946 (15 

10 U.S.C. 1051 et seq.). 

11 SEC. 703. EFFECTIVE DATE, APPLICABILITY, AND TRANSI12 TIONAL PROVISION. 

13 (a) EFFECTIVE DATE.—Except as otherwise provided 

14 in this title and this section, the provisions of this title 

15 shall take effect on the date of the enactment of this Act. 

16 If this Act takes effect after October 1, 2004, the provi17 sions of this title shall apply only with respect to the re18 maining portion of fiscal year 2005. 

19 (b) APPLICABILITY.— 

20 (1)(A) Except as provided in subparagraphs 

21 (B) and (C), the provisions of section 701 shall 

22 apply to all patents, whenever granted, and to all 

23 patent applications pending on or filed after the ef24 fective date set forth in subsection (a) of this sec25 tion. 
145 

S 2809 PCS 

1 (B)(i) Except as provided in clause (ii), sections 

2 41(a)(1), 41(a)(3), and 41(d)(1) of title 35, United 

3 States Code, as administered as provided in this 

4 title, shall apply only to— 

5 (I) applications for patents filed under sec6 tion 111 of title 35, United States Code, on or 

7 after the effective date set forth in subsection 

8 (a) of this section, and 

9 (II) international applications entering the 

10 national stage under section 371 of title 35, 

11 United States Code, for which the basic na12 tional fee specified in section 41 of title 35, 

13 United States Code, was not paid before the ef14 fective date set forth in subsection (a) of this 

15 section. 

16 (ii) Section 41(a)(1)(D) of title 35, United 

17 States Code as administered as provided in this title, 

18 shall apply only to applications for patent filed 

19 under section 111(b) of title 35, United States Code, 

20 before, on, or after the effective date set forth in 

21 subsection (a) of this section in which the filing fee 

22 specified in section 41 of title 35, United States 

23 Code, was not paid before the effective date set forth 

24 in subsection (a) of this section. 
146 

S 2809 PCS 

1 (C) Section 41(a)(2) of title 35, United States 

2 Code, as administered as provided in this title, shall 

3 apply only to the extent that the number of excess 

4 claims, after giving effect to any cancellation of 

5 claims, is in excess of the number of claims for 

6 which the excess claims fee specified in section 41 of 

7 title 35, United States Code, was paid before the ef8 fective date set forth in subsection (a) of this sec9 tion. 

10 (2) The provisions of section 702 shall apply to 

11 all applications for the registration of a trademark 

12 filed or amended on or after the effective date set 

13 forth in subsection (a) of this section. 

14 (c) TRANSITIONAL PROVISIONS.— 

15 (1) SEARCH FEES.—During fiscal year 2005, 

16 the Director shall charge— 

17 (A) for the search of each application for 

18 an original patent, except for design, plant, pro19 visional, or international application, $500; 

20 (B) for the search of each application for 

21 an original design patent, $100; 

22 (C) for the search of each application for 

23 an original plant patent, $300; 

24 (D) for the search of the national stage of 

25 each international application, $500; and 
147 

S 2809 PCS 

1 (E) for the search of each application for 

2 the reissue of a patent, $500. 

3 (2) TIMING OF FEES.—The provisions of sec4 tion 111(a)(3) of title 35, United States Code, relat5 ing to the payment of the fee for filing the applica6 tion shall apply to the payment of the fee specified 

7 in paragraph (1) with respect to an application filed 

8 under section 111(a) of title 35, United States Code. 

9 The provisions of section 371(d) of title 35, United 

10 States Code, relating to the payment of the national 

11 fee shall apply to the payment of the fee specified 

12 in paragraph (1) with respect to an international ap13 plication. 

14 SEC. 704. DEFINITION. 

15 In this title, the term ‘‘Director’’ means the Under 

16 Secretary of Commerce for Intellectual Property and Di17 rector of the United States Patent and Trademark Office. 

18 TITLE VIII—KOBY MANDELL ACT OF 2003 

19 SECTION 801. SHORT TITLE. 

20 This Act may be cited as the ‘‘Koby Mandell Act of 

21 2003’’. 

22 SEC. 802. FINDINGS. 

23 Congress finds the following: 

24 (1) Numerous American citizens have been 

25 murdered or maimed by terrorists around the world, 
148 

S 2809 PCS 

1 including more than 100 murdered since 1968 in 

2 terrorist attacks occurring in Israel or in territories 

3 administered by Israel or in territories administered 

4 by the Palestinian Authority. 

5 (2) Some American citizens who have been vic6 tims of terrorism overseas, especially those harmed 

7 by terrorists operating from areas administered by 

8 the Palestinian Authority, have not received from 

9 the United States Government services equal to 

10 those received by other such victims of overseas ter11 rorism. 

12 (3) The United States Government has not de13 voted adequate efforts or resources to the apprehen14 sion of terrorists who have harmed American citi15 zens overseas, particularly in cases involving terror16 ists operating from areas administered by the Pales17 tinian Authority. Monetary rewards for information 

18 leading to the capture of terrorists overseas, which 

19 the Government advertises in regions where the ter20 rorists are believed to be hiding, have not been ad21 vertised in areas administered by the Palestinian 

22 Authority. 

23 (4) This situation is especially grave in the 

24 areas administered by the Palestinian Authority, be25 cause many terrorists involved in the murders of 
149 

S 2809 PCS 

1 Americans are walking free there; some of these ter2 rorists have been given positions in the Palestinian 

3 Authority security forces or other official Palestinian 

4 Authority agencies; and a number of schools, streets, 

5 and other public sites have been named in honor of 

6 terrorists who were involved in the murders of 

7 Americans. 

8 (5) To remedy these and related problems, an 

9 office should be established within the Department 

10 of Justice for the purpose of ensuring equally vig11 orous efforts to capture all terrorists who have 

12 harmed American citizens overseas and equal treat13 ment for all American victims of overseas terrorism. 

14 SEC. 803. ESTABLISHMENT OF AN OFFICE OF JUSTICE FOR 

15 VICTIMS OF OVERSEAS TERRORISM IN THE 

16 DEPARTMENT OF JUSTICE. 

17 (a) IN GENERAL.—There is established within the 

18 Department of Justice an Office of Justice for Victims 

19 of Overseas Terrorism (in this Act referred to as the ‘‘Of20 fice’’) to carry out the following activities: 

21 (1) REWARDS FOR JUSTICE.— 

22 (A) IN GENERAL.—The Office shall as23 sume responsibility for administration of the 

24 Rewards for Justice program and its website. 
150 

S 2809 PCS 

1 (B) ADMINISTRATION.—In administering 

2 the Rewards for Justice program the Office 

3 shall ensure that— 

4 (i) rewards are offered to capture all 

5 terrorists involved in harming American 

6 citizens overseas, regardless of the terror7 ists’ country of origin or residence; 

8 (ii) such rewards are prominently ad9 vertised in the mass media and public sites 

10 in all countries or regions where such ter11 rorists reside; 

12 (iii) the names and photographs and 

13 suspects in all such cases are included on 

14 the website; and 

15 (iv) the names of the specific organi16 zations claiming responsibility for terrorist 

17 attacks mentioned on the site are included 

18 in the descriptions of those attacks. 

19 (2) NOTIFICATION PROGRAM.—The Office shall 

20 establish and administer a program— 

21 (A) comparable to the VINE system for 

22 notification of crime victims; and 

23 (B) that will provide notification for Amer24 ican victims of overseas terrorism or their im25 mediate family to update them on the status of 
151 

S 2809 PCS 

1 efforts to capture the terrorists who harmed 

2 them. 

3 (3) GOVERNMENT REPRESENTATION.—The Of4 fice shall send an official United States Government 

5 representative to attend the funeral of every Amer6 ican victim of terrorism overseas. 

7 (4) REPORT.—The Office shall assume respon8 sibility for providing twice-annual reports to Con9 gress as required by section 805 of the Admiral 

10 James W. Nance and Meg Donovan Foreign Rela11 tions Authorization Act, Fiscal Years 2000 and 

12 2001. 

13 (5) PROFITING FROM CRIMES.—The Office 

14 shall work with other United States Government 

15 agencies to expand legal restrictions on the ability of 

16 murderers to reap profits from books or movies con17 cerning their crimes so as to ensure that terrorists 

18 who harm American citizens overseas are unable to 

19 profit from book or movie sales in the United States. 

20 (6) TERRORISTS AS POLICE.—The Office 

21 shall— 

22 (A) determine if terrorists who have 

23 harmed American citizens overseas are serving 

24 in their local police or security forces; and 
152 

S 2809 PCS 

1 (B) if it is found that terrorists who have 

2 harmed American citizens overseas are serving 

3 in their local police or security forces— 

4 (i) alert those United States Govern5 ment agencies involved in providing assist6 ance, directly or indirectly, to those forces; 

7 and 

8 (ii) request of those agencies that all 

9 such assistance be halted until the afore10 mentioned terrorists are removed from 

11 their positions. 

12 (7) PATTERNS OF PROSECUTION.—The Office 

13 shall— 

14 (A) undertake a comprehensive assessment 

15 of the pattern of United States indictments and 

16 prosecution of terrorists who have harmed 

17 American citizens overseas, in order to deter18 mine the reasons for the absence of indictments 

19 of terrorists residing in some regions, such as 

20 the territories controlled by the Palestinian Au21 thority; and 

22 (B) provide the assessment to the Attorney 

23 General and to Congress, together with its rec24 ommendations. 

25 (8) MONITORING.—The Office shall— 
153 

S 2809 PCS 

1 (A) monitor public actions by governments 

2 and regimes overseas pertaining to terrorists 

3 who have harmed American citizens, such as 

4 the naming of schools, streets, or other public 

5 institutions or sites after such terrorists; and 

6 (B) in such instances, encourage other 

7 United States Government agencies to halt 

8 their provision of assistance, directly or indi9 rectly, to those institutions.

10 (9) COMPENSATION.—The Office shall initiate 

11 negotiations to secure appropriate financial com12 pensation for American citizens, or the families of 

13 such citizens, who were harmed by organizations 

14 that claim responsibility for acts of terrorism against 

15 Americans overseas and that subsequently become 

16 part of a governing regime with which the United 

17 States Government maintains diplomatic or other of18 ficial contacts, such as the Palestinian Authority. 

19 (10) INCARCERATED TERRORISTS.—The Office 

20 shall— 

21 (A) monitor the incarceration abroad of 

22 terrorists who harmed Americans overseas, to 

23 ensure that their conditions of incarceration are 

24 reasonably similar to conditions of incarceration 

25 in the United States; and 
154 

S 2809 PCS 

1 (B) in cases where terrorists who have 

2 harmed Americans overseas, and are subse3 quently released from incarceration abroad, are 

4 eligible for further prosecution in the United 

5 States, coordinate with other Government agen6 cies to seek the transfer of those terrorists to 

7 the United States for further prosecution. 

8 (11) PERSONA NON GRATA.—The Office shall 

9 strive to ensure that all terrorists who have harmed 

10 Americans overseas are treated by the United States 

11 Government as persona non grata, including steps 

12 such as— 

13 (A) denying those individuals visas for 

14 entry to the United States; 

15 (B) urging United States Government 

16 agencies to refrain from political and diplomatic 

17 contacts with those individuals; and 

18 (C) instructing United States embassies 

19 and consulates to urge American visitors to 

20 those countries to refrain from patronizing 

21 businesses that are owned or operated by such 

22 individuals. 
155 

S 2809 PCS 

1 SEC. 804. AUTHORIZATION OF APPROPRIATIONS. 

2 (a) IN GENERAL.—There are authorized to be appro3 priated for fiscal year 2003 and each subsequent fiscal 

4 year such sums as may be necessary to carry out this Act. 

5 (b) AVAILABILITY.—Amounts appropriated pursuant 

6 to the authorization of appropriations under subsection (a) 

7 are authorized to remain available until expended. 

8 TITLE IX—ANABOLIC STEROID CONTROL ACT 

9 OF 2004 

10 SECTION 901. SHORT TITLE. 

11 This Act may be cited as the ‘‘Anabolic Steroid Con12 trol Act of 2004’’. 

13 SEC. 902. AMENDMENTS TO THE CONTROLLED SUB14 STANCES ACT. 

15 (a) DEFINITIONS.—Section 102 of the Controlled 

16 Substances Act (21 U.S.C. 802) is amended— 

17 (1) in paragraph (41)— 

18 (A) by realigning the margin so as to align 

19 with paragraph (40); and 

20 (B) by striking subparagraph (A) and in21 serting the following: 

22 ‘‘(A) The term ‘anabolic steroid’ means any drug or 

23 hormonal substance, chemically and pharmacologically re24 lated to testosterone (other than estrogens, progestins, 

25 corticosteroids, and dehydroepiandrosterone), and in26 cludes— 
156 

S 2809 PCS 

1 ‘‘(i) androstanediol— 

2 ‘‘(I) 3β,17β-dihydroxy-5α-androstane; and 

3 ‘‘(II) 3α,17β-dihydroxy-5α-androstane; 

4 ‘‘(ii) androstanedione (5α-androstan-3,17- 

5 dione); 

6 ‘‘(iii) androstenediol— 

7 ‘‘(I) 1-androstenediol (3β,17β-dihydroxy8 5α-androst-1-ene); 

9 ‘‘(II) 1-androstenediol (3α,17β-dihydroxy10 5α-androst-1-ene); 

11 ‘‘(III) 4-androstenediol (3β,17β-dihydroxy12 androst-4-ene); and 

13 ‘‘(IV) 5-androstenediol (3β,17β-dihydroxy14 androst-5-ene); 

15 ‘‘(iv) androstenedione— 

16 ‘‘(I) 1-androstenedione ([5α]-androst-1-en17 3,17-dione); 

18 ‘‘(II) 4-androstenedione (androst-4-en19 3,17-dione); and 

20 ‘‘(III) 5-androstenedione (androst-5-en21 3,17-dione); 

22 ‘‘(v) bolasterone (7α,17α-dimethyl-17β23 hydroxyandrost-4-en-3-one); 

24 ‘‘(vi) boldenone (17β-hydroxyandrost-1,4,-diene25 3-one); 
157 

S 2809 PCS 

1 ‘‘(vii) calusterone (7β,17α-dimethyl-17β2 hydroxyandrost-4-en-3-one); 

3 ‘‘(viii) clostebol (4-chloro-17β-hydroxyandrost-4- 

4 en-3-one); 

5 ‘‘(ix) dehydrochloromethyltestosterone (4- 

6 chloro-17β-hydroxy-17α-methyl-androst-1,4-dien-3- 

7 one); 

8 ‘‘(x) >1-dihydrotestosterone (a.k.a. ‘1-testos9 terone’) (17β-hydroxy-5α-androst-1-en-3-one); 

10 ‘‘(xi) 4-dihydrotestosterone (17β-hydroxy11 androstan-3-one); 

12 ‘‘(xii) drostanolone (17β-hydroxy-2α-methyl-5α13 androstan-3-one); 

14 ‘‘(xiii) ethylestrenol (17α-ethyl-17β-hydroxyestr15 4-ene); 

16 ‘‘(xiv) fluoxymesterone (9-fluoro-17α-methyl17 11β,17β-dihydroxyandrost-4-en-3-one); 

18 ‘‘(xv) formebolone (2-formyl-17α-methyl19 11α,17β-dihydroxyandrost-1,4-dien-3-one); 

20 ‘‘(xvi) furazabol (17α-methyl-17β21 hydroxyandrostano[2,3-c]-furazan); 

22 ‘‘(xvii) 13β-ethyl-17α-hydroxygon-4-en-3-one; 

23 ‘‘(xviii) 4-hydroxytestosterone (4,17β-dihydroxy24 androst-4-en-3-one); 
158 

S 2809 PCS 

1 ‘‘(xix) 4-hydroxy-19-nortestosterone (4,17β2 dihydroxy-estr-4-en-3-one); 

3 ‘‘(xx) mestanolone (17α-methyl-17β-hydroxy4 5α-androstan-3-one); 

5 ‘‘(xxi) mesterolone (1α-methyl-17β-hydroxy6 [5α]-androstan-3-one); 

7 ‘‘(xxii) methandienone (17α-methyl-17β8 hydroxyandrost-1,4-dien-3-one); 

9 ‘‘(xxiii) methandriol (17α-methyl-3β,17β10 dihydroxyandrost-5-ene); 

11 ‘‘(xxiv) methenolone (1-methyl-17β-hydroxy-5α12 androst-1-en-3-one); 

13 ‘‘(xxv) methyltestosterone (17α-methyl-17β14 hydroxyandrost-4-en-3-one); 

15 ‘‘(xxvi) mibolerone (7α,17α-dimethyl-17β16 hydroxyestr-4-en-3-one); 

17 ‘‘(xxvii) 17α-methyl->1-dihydrotestosterone 

18 (17β-hydroxy-17α-methyl-5α-androst-1-en-3-one) 

19 (a.k.a. ‘17-α-methyl-1-testosterone’); 

20 ‘‘(xxviii) nandrolone (17β-hydroxyestr-4-en-3- 

21 one); 

22 ‘‘(xxix) norandrostenediol— 

23 ‘‘(I) 19-nor-4-androstenediol (3β, 17β24 dihydroxyestr-4-ene); 
159 

S 2809 PCS 

1 ‘‘(II) 19-nor-4-androstenediol (3α, 17β2 dihydroxyestr-4-ene); 

3 ‘‘(III) 19-nor-5-androstenediol (3β, 17β4 dihydroxyestr-5-ene); and 

5 ‘‘(IV) 19-nor-5-androstenediol (3α, 17β6 dihydroxyestr-5-ene); 

7 ‘‘(xxx) norandrostenedione— 

8 ‘‘(I) 19-nor-4-androstenedione (estr-4-en9 3,17-dione); and 

10 ‘‘(II) 19-nor-5-androstenedione (estr-5-en11 3,17-dione; 

12 ‘‘(xxxi) norbolethone (13β,17α-diethyl-17β13 hydroxygon-4-en-3-one); 

14 ‘‘(xxxii) norclostebol (4-chloro-17β-hydroxyestr15 4-en-3-one); 

16 ‘‘(xxxiii) norethandrolone (17α-ethyl-17β17 hydroxyestr-4-en-3-one); 

18 ‘‘(xxxiv) oxandrolone (17α-methyl-17β-hydroxy19 2-oxa-[5α]-androstan-3-one); 

20 ‘‘(xxxv) oxymesterone (17α-methyl-4,17β21 dihydroxyandrost-4-en-3-one); 

22 ‘‘(xxxvi) oxymetholone (17α-methyl-2- 

23 hydroxymethylene-17β-hydroxy-[5α]-androstan-3- 

24 one); 
160 

S 2809 PCS 

1 ‘‘(xxxvii) stanozolol (17α-methyl-17α-hydroxy2 [5α]-androst-2-eno[3,2-c]-pyrazole); 

3 ‘‘(xxxviii) stenbolone (17β-hydroxy-2-methyl4 [5α]-androst-1-en-3-one); 

5 ‘‘(xxxix) testolactone (13-hydroxy-3-oxo-13,17- 

6 secoandrosta-1,4-dien-17-oic acid lactone); 

7 ‘‘(xl) testosterone (17β-hydroxyandrost-4-en-3- 

8 one); 

9 ‘‘(xli) tetrahydrogestrinone (13β,17α-diethyl10 17β-hydroxygon-4,9,11-trien-3-one); 

11 ‘‘(xlii) trenbolone (17β-hydroxyestr-4,9,11-trien12 3-one); 

13 ‘‘(xliii) any salt, ester, or ether of a drug or 

14 substance described in this paragraph; 

15 ‘‘(xliv) methyldienolone (17α-methyl-17β16 hydroxyestra-4,9(10)-dien-3-one); 

17 ‘‘(xlv) methyltrienolone (17α-methyl-17β18 hydroestra-4,9,11-trien-3-one); 

19 ‘‘(xlvi) normethandrolone (17α-methyl-17β20 hydroxyestr-4-en-3-one); 

21 ‘‘(xlvii) 17α-methyl-4-hydroxynandrolone (17α22 methyl-4-hydroxy-17β-hydroxyestr-4-en-3-one); 

23 ‘‘(xlviii) 17α-methyl-3β, 17β-dihydroxy-5α-an24 drostane; 
161 

S 2809 PCS 

1 ‘‘(xliv) 17α-methyl-3α,17β-dihydroxy-5α-andro2 stane; and 

3 ‘‘(xlv) 17α-methyl-3β,17β-dihydroxyandrost-4- 

4 ene. 

5 The substances excluded under this subparagraph may at 

6 any time be scheduled by the Attorney General in accord7 ance with the authority and requirements of subsections 

8 (a) through (c) of section 201.’’; and 

9 (2) in paragraph (44), by inserting ‘‘anabolic 

10 steroids,’’ after ‘‘marihuana,’’. 

11 (b) AUTHORITY AND CRITERIA FOR CLASSIFICA12 TION.—Section 201(g) of the Controlled Substances Act 

13 (21 U.S.C. 811(g)) is amended— 

14 (1) in paragraph (1), by striking ‘‘substance 

15 from a schedule if such substance’’ and inserting 

16 ‘‘drug which contains a controlled substance from 

17 the application of titles II and III of the Comprehen18 sive Drug Abuse Prevention and Control Act (21 

19 U.S.C. 802 et seq.) if such drug’’; and 

20 (2) in paragraph (3), by adding at the end the 

21 following: 

22 ‘‘(C) Upon the recommendation of the Sec23 retary of Health and Human Services, a compound, 

24 mixture, or preparation which contains any anabolic 

25 steroid, which is intended for administration to a 
162 

S 2809 PCS 

1 human being or an animal, and which, because of its 

2 concentration, preparation, formulation or delivery 

3 system, does not present any significant potential for 

4 abuse.’’. 

5 (c) ANABOLIC STEROIDS CONTROL ACT.—Section 

6 1903 of the Anabolic Steroids Control Act of 1990 (Public 

7 Law 101–647) is amended— 

8 (1) by striking subsection (a); and 

9 (2) by redesignating subsections (b) and (c) as 

10 subsections (a) and (b), respectively. 

11 (d) EFFECTIVE DATE.—The amendments made by 

12 this section shall take effect 90 days after the date of en13 actment of this Act. 

14 SEC. 903. SENTENCING COMMISSION GUIDELINES. 

15 The United States Sentencing Commission shall— 

16 (1) review the Federal sentencing guidelines 

17 with respect to offenses involving anabolic steroids; 

18 (2) consider amending the Federal sentencing 

19 guidelines to provide for increased penalties with re20 spect to offenses involving anabolic steroids in a 

21 manner that reflects the seriousness of such offenses 

22 and the need to deter anabolic steroid trafficking 

23 and use; and 

24 (3) take such other action that the Commission 

25 considers necessary to carry out this section. 
163 

S 2809 PCS 

1 SEC. 904. PREVENTION AND EDUCATION PROGRAMS. 

2 (a) IN GENERAL.—The Secretary of Health and 

3 Human Services (referred to in this Act as the ‘‘Sec4 retary’’) shall award grants to public and nonprofit private 

5 entities to enable such entities to carry out science-based 

6 education programs in elementary and secondary schools 

7 to highlight the harmful effects of anabolic steroids. 

8 (b) ELIGIBILITY.— 

9 (1) APPLICATION.—To be eligible for grants 

10 under subsection (a), an entity shall prepare and 

11 submit to the Secretary an application at such time, 

12 in such manner, and containing such information as 

13 the Secretary may require. 

14 (2) PREFERENCE.—In awarding grants under 

15 subsection (a), the Secretary shall give preference to 

16 applicants that intend to use grant funds to carry 

17 out programs based on— 

18 (A) the Athletes Training and Learning to 

19 Avoid Steroids program; 

20 (B) the Athletes Targeting Healthy Exer21 cise and Nutrition Alternatives program; and 

22 (C) other programs determined to be effec23 tive by the National Institute on Drug Abuse. 

24 (c) USE OF FUNDS.—Amounts received under a 

25 grant under subsection (a) shall be used primarily for edu26 cation programs that will directly communicate with 
164 

S 2809 PCS 

1 teachers, principals, coaches, as well as elementary and 

2 secondary school children concerning the harmful effects 

3 of anabolic steroids. 

4 (d) AUTHORIZATION OF APPROPRIATIONS.—There is 

5 authorized to be appropriated to carry out this section, 

6 $15,000,000 for each of fiscal years 2005 through 2010. 

7 SEC. 905. NATIONAL SURVEY ON DRUG USE AND HEALTH. 

8 (a) IN GENERAL.—The Secretary of Health and 

9 Human Services shall ensure that the National Survey on 

10 Drug Use and Health includes questions concerning the 

11 use of anabolic steroids. 

12 (b) AUTHORIZATION OF APPROPRIATIONS.—There is 

13 authorized to be appropriated to carry out this section, 

14 $1,000,000 for each of fiscal years 2005 through 2010. 

15 This Act may be cited as the ‘‘Departments of Com16 merce, Justice, and State, the Judiciary, and Related 

17 Agencies Appropriations Act, 2005’’. 

Calendar No. 698 

108TH CONGRESS 

2D SESSION S. 2809 

[Report No. 108–344] 

A BILL 

Making appropriations for the Departments of 

tember 30, 2005, and for other purposes. related agencies for the fiscal year ending SepCommerce, Justice, and State, the Judiciary, and 

SEPTEMBER 15, 2004 

Read twice and placed on the calendar