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[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 2809 Placed on Calendar Senate (PCS)]

                                                       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.

Rule___________________________________________________________________

                   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.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,
That the following sums are appropriated, out of any money in the 
Treasury not otherwise appropriated, for the fiscal year ending 
September 30, 2005, and for other purposes, namely:

                     TITLE I--DEPARTMENT OF JUSTICE

                         General Administration

                         salaries and expenses

    For expenses necessary for the administration of the Department of 
Justice, $141,466,000, of which not to exceed $3,317,000 is for the 
Facilities Program 2000, to remain available until expended: Provided, 
That not to exceed 43 permanent positions and 44 full-time equivalent 
workyears and $10,825,000 shall be expended for the Department 
Leadership Program exclusive of augmentation that occurred in these 
offices in fiscal year 2003: Provided further, That not to exceed 26 
permanent positions, 21 full-time equivalent workyears and $3,315,000 
shall be expended for the Office of Legislative Affairs: Provided 
further, That not to exceed 17 permanent positions, 21 full-time 
equivalent workyears and $2,470,000 shall be expended for the Office of 
Public Affairs: Provided further, That the latter two aforementioned 
offices may utilize non-reimbursable details of career employees within 
the caps described in the preceding two provisos.

                     joint automated booking system

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

    automated biometric identification system/integrated automated 
                   fingerprint identification system

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

                   legal activities office automation

    For necessary expenses related to the design, development, 
engineering, acquisition, and implementation of office automation 
systems for the organizations funded under the headings ``Salaries and 
Expenses, General Legal Activities'', and ``General Administration, 
Salaries and Expenses'', and the United States Attorneys, the United 
States Marshals Service, the Antitrust Division, the United States 
Trustee Program, the Executive Office for Immigration Review, the 
Community Relations Service, the Bureau of Prisons, the Office of 
Justice Programs, and the United States Parole Commission, $70,502,000, 
to remain available until September 30, 2006.

                       narrowband communications

    For the costs of conversion to narrowband communications, including 
the cost for operation and maintenance of Land Mobile Radio legacy 
systems, $68,021,000: Provided, That the Attorney General shall 
transfer to the ``Narrowband Communications'' account all funds made 
available to the Department of Justice for the purchase of portable and 
mobile radios: Provided further, That any transfer made under the 
preceding proviso shall be subject to section 605 of this Act.

                   administrative review and appeals

    For expenses necessary for the administration of pardon and 
clemency petitions and immigration-related activities, $205,411,000.

                           detention trustee

    For necessary expenses of the Federal Detention Trustee, 
$885,994,000, to remain available until expended: Provided, That the 
Trustee shall be responsible for managing the Justice Prisoner and 
Alien Transportation System and for overseeing housing related to such 
detention: Provided further, That any unobligated balances available in 
prior years from the funds appropriated under the heading ``Federal 
Prisoner Detention'' shall be transferred to and merged with the 
appropriation under the heading ``Detention Trustee'' and shall be 
available until expended.

                    office on violence against women

       violence against women prevention and prosecution programs

    For grants, contracts, cooperative agreements, and other assistance 
for the prevention and prosecution of violence against women as 
authorized by the Omnibus Crime Control and Safe Streets Act of 1968 
(``the 1968 Act''); the Violent Crime Control and Law Enforcement Act 
of 1994 (Public Law 103-322) (``the 1994 Act''); [the Victims of Child 
Abuse Act of 1990 (``the 1990 Act'';] the Prosecutorial Remedies and 
Other Tools to End the Exploitation of Children Today Act of 2003 
(Public Law 108-21); the Juvenile Justice and Delinquency Prevention 
Act of 1974 (``the 1974 Act''); and the Victims of Trafficking and 
Violence Protection Act of 2000 (Public Law 106-386); $410,000,000, to 
remain available until expended. All balances from grants and 
activities administered by the Office on Violence Against Women shall 
be transferred from the Office of Justice Program to the Office on 
Violence Against Women within 60 days of enactment of this Act. Of the 
amounts provided:
    Of the amount provided--
            (1) $11,897,000 for the court-appointed special advocate 
        program, as authorized by section 217 of the 1990 Act;
            (2) $2,281,000 for child abuse training programs for 
        judicial personnel and practitioners, as authorized by section 
        222 of the 1990 Act;
            (3) $994,000 for grants for televised testimony, as 
        authorized by Part N of the 1968 Act;
            (4) $175,705,000 for grants to combat violence against 
        women as authorized by part T of the 1968 Act, of which:
                    (A) $5,000,000 shall be for the National Institute 
                of Justice for research and evaluation of violence 
                against women;
                    (B) $10,000,000 shall be for the Office of Juvenile 
                Justice and Delinquency Prevention for the Safe Start 
                Program, as authorized by the Juvenile Justice and 
                Delinquency Act of 1974 Act; and
                    (C) $10,000,000 shall be for transitional housing 
                assistance grants for victims of domestic violence, 
                stalking or sexual assault as authorized by Public Law 
                108-21;
            (5) $64,503,000 for grants to encourage arrest policies as 
        authorized by part U of the 1968 Act;
            (6) $39,685,000 for rural domestic violence and child abuse 
        enforcement assistance grants, as authorized by section 
        40295(a) of the 1994 Act;
            (7) $4,957,000 training programs as authorized by section 
        40152 of the 1994 Act, and for related demonstration projects;
            (8) $2,981,000 for grants to improve the stalking and 
        domestic violence databases, as authorized by section 40602 of 
        the 1994 Act;
            (9) $9,935,000 to reduce violent crimes against women on 
        campus, as authorized by section 1108(a) of Public Law 106-386;
            (10) $39,740,000 for legal assistance for victims, as 
        authorized by section 1201(c) of Public Law 106-386;
            (11) $4,968,000 for enhancing protection for older and 
        disabled women from domestic violence and sexual assault, as 
        authorized by section 40802 of the 1994 Act;
            (12) $14,903,000 for the safe havens for children pilot 
        program, as authorized by section 1301(a) of Public Law 106-
        386;
            (13) $7,451,000 for education and training to end violence 
        against and abuse of women with disabilities, as authorized by 
        section 1402(a) of Public Law 106-386; and Division B, H.R. 
        2673, Consolidated Appropriations Bill, Fiscal Year 2004; and
            (14) $30,000,000 for management and administration not 
        elsewhere specified.

                      office of inspector general

    For necessary expenses of the Office of Inspector General, 
$63,187,000, including not to exceed $10,000 to meet unforeseen 
emergencies of a confidential character.

                    United States Parole Commission

                         salaries and expenses

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

                            Legal Activities

            salaries and expenses, general legal activities

                     (including transfer of funds)

    For expenses necessary for the legal activities of the Department 
of Justice, not otherwise provided for, including not to exceed $20,000 
for expenses of collecting evidence, to be expended under the direction 
of, and to be accounted for solely under the certificate of, the 
Attorney General; and rent of private or Government-owned space in the 
District of Columbia, $623,364,000, of which not to exceed $10,000,000 
for litigation support contracts shall remain available until expended: 
Provided, That of the total amount appropriated, not to exceed $1,000 
shall be available to the United States National Central Bureau, 
INTERPOL, for official reception and representation expenses: Provided 
further, That $106,000 shall be transferred to the Department of State 
for the Capital Security Cost Sharing Program: Provided further, That 
notwithstanding any other provision of law, upon a determination by the 
Attorney General that emergent circumstances require additional funding 
for litigation activities of the Civil Division, the Attorney General 
may transfer such amounts to ``Salaries and Expenses, General Legal 
Activities'' from available appropriations for the current fiscal year 
for the Department of Justice, as may be necessary to respond to such 
circumstances: Provided further, That any transfer pursuant to the 
previous proviso shall be treated as a reprogramming under section 605 
of this Act and shall not be available for obligation or expenditure 
except in compliance with the procedures set forth in that section.
    In addition, for reimbursement of expenses of the Department of 
Justice associated with processing cases under the National Childhood 
Vaccine Injury Act of 1986, not to exceed $6,333,000, to be 
appropriated from the Vaccine Injury Compensation Trust Fund.

               salaries and expenses, antitrust division

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

             salaries and expenses, united states attorneys

    For necessary expenses of the Offices of the United States 
Attorneys, including inter-governmental and cooperative agreements, 
$1,532,154,000; of which not to exceed $2,500,000 shall be available 
until September 30, 2006, for: (1) training personnel in debt 
collection; (2) locating debtors and their property; (3) paying the net 
costs of selling property; and (4) tracking debts owed to the United 
States Government: Provided, That of the total amount appropriated, not 
to exceed $8,000 shall be available for official reception and 
representation expenses: Provided further, That not to exceed 
$10,000,000 of those funds available for automated litigation support 
contracts shall remain available until expended: Provided further, That 
not to exceed $2,500,000 for the operation of the National Advocacy 
Center shall remain available until expended: Provided further, That, 
in addition to reimbursable full-time equivalent workyears available to 
the Offices of the United States Attorneys, not to exceed 11,699 full-
time equivalent workyears shall be supported from the funds 
appropriated in this Act for the United States Attorneys: Provided 
further, That of the funds made available under this heading, 
$1,500,000 shall only be available to continue ``Operation 
Streetsweeper'': Provided further, That of the total amount 
appropriated, $5,000,000 shall be for Project Seahawk and shall remain 
available until expended.

         interagency drug enforcement, united states attorneys

    For necessary expenses for the identification, investigation, and 
prosecution of individuals associated with the most significant drug 
trafficking and affiliated money laundering organizations not otherwise 
provided for, to include inter-governmental agreements with State and 
local law enforcement agencies engaged in the investigation and 
prosecution of individuals involved in organized crime drug 
trafficking, $295,409,000, of which $50,000,000 shall remain available 
until September 30, 2006: Provided, That within 90 days of enactment of 
this Act and thereafter, funds appropriated under this heading shall be 
managed and executed by the Director of the Offices of the United 
States Attorneys, and the Director of the Organized Crime and Drug 
Enforcement Task Forces shall report directly to said Director: 
Provided further, That any amounts obligated from appropriations under 
this heading may be used under authorities available to the 
organizations reimbursed from this appropriation: Provided further, 
That any unobligated balances remaining available at the end of the 
fiscal year shall revert to the Director of the Offices of the United 
States Attorneys for reallocation among participating organizations in 
succeeding fiscal years, subject to the reprogramming procedures set 
forth in section 605 of this Act.

                   united states trustee system fund

    For necessary expenses of the United States Trustee Program, as 
authorized, $174,355,000, to remain available until expended and to be 
derived from the United States Trustee System Fund: Provided, That, 
notwithstanding any other provision of law, deposits to the Fund shall 
be available in such amounts as may be necessary to pay refunds due 
depositors: Provided further, That, notwithstanding any other provision 
of law, $174,355,000 of offsetting collections pursuant to 28 U.S.C. 
589a(b) shall be retained and used for necessary expenses in this 
appropriation and remain available until expended: Provided further, 
That the sum herein appropriated from the Fund shall be reduced as such 
offsetting collections are received during fiscal year 2005, so as to 
result in a final fiscal year 2005 appropriation from the Fund 
estimated at $0.

                  foreign claims settlement commission

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

                     fees and expenses of witnesses

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

                      community relations service

    For necessary expenses of the Community Relations Service, 
$9,494,000 and, in addition, up to $1,000,000 of funds made available 
to the Department of Justice in this Act may be transferred by the 
Attorney General to this account: Provided, That notwithstanding any 
other provision of law, upon a determination by the Attorney General 
that emergent circumstances require additional funding for conflict 
resolution and violence prevention activities of the Community 
Relations Service, the Attorney General may transfer such amounts to 
the Community Relations Service, from available appropriations for the 
current fiscal year for the Department of Justice, as may be necessary 
to respond to such circumstances: Provided further, That any transfer 
pursuant to the previous proviso shall be treated as a reprogramming 
under section 605 of this Act and shall not be available for obligation 
or expenditure except in compliance with the procedures set forth in 
that section.

                         assets forfeiture fund

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

                     United States Marshals Service

                   salaries and expenses/construction

    For necessary expenses of the United States Marshals Service, 
$744,725,000; of which not to exceed $6,000 shall be available for 
official reception and representation expenses; and of which $4,000,000 
for information technology systems shall remain available until 
expended; of which not less than $13,130,000 shall be available for the 
costs of courthouse security equipment, including furnishings, 
relocations, and telephone systems and cabling, and shall remain 
available until September 30, 2005; and of which not less than 
$10,096,000 shall be available for construction of United States 
Marshals Service prisoner-holding space in United States courthouses 
and Federal buildings, including the renovation and expansion of 
prisoner movement areas, elevators, and sallyports, to remain available 
until September 30, 2007: Provided, That, in addition to reimbursable 
full-time equivalent workyears available to the United States Marshals 
Service, not to exceed 4,514 positions and 4,625 full-time equivalent 
workyears shall be supported from the funds appropriated in this Act 
for the United States Marshals Service.

                    Federal Bureau of Investigation

                   salaries and expenses/construction

                     (including transfer of funds)

    For necessary expenses of the Federal Bureau of Investigation for 
detection, investigation, and prosecution of crimes against the United 
States; including purchase for police-type use of not to exceed 2,988 
passenger motor vehicles, of which 2,619 will be for replacement only; 
and not to exceed $70,000 to meet unforeseen emergencies of a 
confidential character pursuant to 28 U.S.C. 530C, $4,990,728,000; of 
which not to exceed $65,000,000 for automated data processing and 
telecommunications and technical investigative equipment, and not to 
exceed $1,000,000 for undercover operations, shall remain available 
until September 30, 2006; of which $1,017,000,000 shall be for 
counterterrorism investigations, foreign counterintelligence, and other 
activities related to our national security; of which not to exceed 
$20,000,000 is authorized to be made available for making advances for 
expenses arising out of contractual or reimbursable agreements with 
State and local law enforcement agencies while engaged in cooperative 
activities related to violent crime, terrorism, organized crime, 
cybercrime, and drug investigations; and of which not less than 
$21,390,000 shall be for necessary expenses to construct or acquire 
buildings and sites by purchase, or as otherwise authorized by law 
(including equipment for such buildings); conversion and extension of 
federally-owned buildings; and preliminary planning and design of 
projects, to remain available until September 30, 2007: Provided, That 
not to exceed $200,000 shall be available for official reception and 
representation expenses: Provided further, That $2,863,000 shall be 
transferred to the Department of State for the Capital Security Cost 
Sharing Program: Provided further, That not more than $600,000,000 
(including amounts made available in this and prior year Appropriations 
Acts) shall be made available for the total cost to complete the 
development, acquisition, and deployment of Trilogy, including the 
Virtual Case File: Provided further, That up to $6,800,000 of prior 
year unobligated balances shall be available for the necessary expense 
of construction of an aviation hangar, to remain available until 
September 30, 2006: Provided further, That of the amounts provided 
under this heading for counterterrorism, not less than $5,000,000 shall 
be available to the Investigative Technology Division for research and 
development on emerging technologies: Provided further, That, in 
addition to reimbursable full-time equivalent workyears available to 
the Federal Bureau of Investigation, not to exceed 29,793 positions and 
28,888 full-time equivalent workyears shall be supported from the funds 
appropriated in this Act for the Federal Bureau of Investigation.

  foreign terrorist tracking task force/terrorist threat integration 
                   center/terrorist screening center

  For expenses necessary for the Foreign Terrorist Tracking Task Force, 
the Terrorist Threat Integration Center, and the Terrorist Screening 
Center, including salaries and expenses, operations, equipment, 
facilities and relocations, $120,819,000: Provided, That funds 
appropriated in previous fiscal years under the heading ``Federal 
Bureau of Investigation, Salaries and Expenses'' may be available for 
activities associated with the Terrorist Threat Integration Center.

                    Drug Enforcement Administration

                         salaries and expenses

                     (including transfer of funds)

    For necessary expenses of the Drug Enforcement Administration, 
including not to exceed $70,000 to meet unforeseen emergencies of a 
confidential character pursuant to 28 U.S.C. 530C; expenses for 
conducting drug education and training programs, including travel and 
related expenses for participants in such programs and the distribution 
of items of token value that promote the goals of such programs; and 
purchase of not to exceed 1,461 passenger motor vehicles, of which 
1,346 will be for replacement only, for police-type use, 
$1,645,027,000; of which not to exceed $100,000 shall be for official 
reception and representation expenses; of which the following amounts 
shall remain available until September 30, 2006: not to exceed 
$33,000,000 for permanent change of station, not to exceed $4,000,000 
for purchase of evidence and payments for information, not to exceed 
$10,000,000 for contracting for automated data processing and 
telecommunications equipment, not to exceed $2,000,000 for laboratory 
equipment, not to exceed $4,000,000 for technical equipment, not to 
exceed $5,000,000 for construction, and not to exceed $4,000,000 for 
electronic investigations, including contract linguists; and of which 
the following amounts shall remain available until expended: not to 
exceed $1,800,000 for research, and not to exceed $10,000,000 for the 
acquisition, lease, maintenance, and operation of aircraft equipment, 
including retrofitting and parts: Provided, That, in addition to 
reimbursable full-time equivalent workyears available to the Drug 
Enforcement Administration, not to exceed 8,446 positions and 8,292 
full-time equivalent workyears shall be supported from the funds 
appropriated in this Act for the Drug Enforcement Administration: 
Provided further, That $10,153,000 shall be transferred to the 
Department of State for the Capital Security Cost Sharing Program: 
Provided further, That not to exceed $8,100,000 from prior year 
unobligated balances shall be for the design, construction, and 
ownership of a Clandestine Laboratory Training Facility, to remain 
available until expended.

          Bureau of Alcohol, Tobacco, Firearms and Explosives

                         salaries and expenses

                     (including transfer of funds)

    For necessary expenses of the Bureau of Alcohol, Tobacco, Firearms 
and Explosives, including the purchase of not to exceed 822 vehicles 
for police-type use, of which 650 shall be for replacement only; not to 
exceed $18,000 for official reception and representation expenses; for 
training of State and local law enforcement agencies with or without 
reimbursement, including training in connection with the training and 
acquisition of canines for explosives and fire accelerants detection; 
and for provision of laboratory assistance to State and local law 
enforcement agencies, with or without reimbursement, $890,357,000, of 
which $106,000 shall be transferred to the Department of State for the 
Capital Security Cost Sharing Program, and of which not to exceed 
$1,000,000 shall be available for the payment of attorneys' fees as 
provided by 18 U.S.C. 924(d)(2): Provided, That no funds appropriated 
herein shall be available for salaries or administrative expenses in 
connection with consolidating or centralizing, within the Department of 
Justice, the records, or any portion thereof, of acquisition and 
disposition of firearms maintained by Federal firearms licensees: 
Provided further, That no funds appropriated herein shall be used to 
pay administrative expenses or the compensation of any officer or 
employee of the United States to implement an amendment or amendments 
to 27 CFR 178.118 or to change the definition of ``Curios or relics'' 
in 27 CFR 178.11 or remove any item from ATF Publication 5300.11 as it 
existed on January 1, 1994: Provided further, That none of the funds 
appropriated herein shall be available to investigate or act upon 
applications for relief from Federal firearms disabilities under 18 
U.S.C. 925(c): Provided further, That such funds shall be available to 
investigate and act upon applications filed by corporations for relief 
from Federal firearms disabilities under section 925(c) of title 18, 
United States Code: Provided further, That no funds under this Act may 
be used to electronically retrieve information gathered pursuant to 18 
U.S.C. 923(g)(4) by name or any personal identification code: Provided 
further, That of the total amount provided under this paragraph, 
$5,600,000 shall be for the construction and establishment of the 
Federal Firearms Licensing Center at the Bureau of Alcohol, Tobacco, 
Firearms and Explosives National Tracing Center Facility and shall 
remain available until expended.

                         Federal Prison System

                         salaries and expenses

    For expenses necessary of the Federal Prison System for the 
administration, operation, and maintenance of Federal penal and 
correctional institutions, including purchase (not to exceed 780, of 
which 649 are for replacement only) and hire of law enforcement and 
passenger motor vehicles, and for the provision of technical assistance 
and advice on corrections related issues to foreign governments, 
$4,627,696,000: Provided, That the Attorney General may transfer to the 
Health Resources and Services Administration such amounts as may be 
necessary for direct expenditures by that Administration for medical 
relief for inmates of Federal penal and correctional institutions: 
Provided further, That the Director of the Federal Prison System, where 
necessary, may enter into contracts with a fiscal agent/fiscal 
intermediary claims processor to determine the amounts payable to 
persons who, on behalf of the Federal Prison System, furnish health 
services to individuals committed to the custody of the Federal Prison 
System: Provided further, That not to exceed $6,000 shall be available 
for official reception and representation expenses: Provided further, 
That not to exceed $100,000,000 shall remain available for necessary 
operations until September 30, 2006: Provided further, That, of the 
amounts provided for Contract Confinement, not to exceed $20,000,000 
shall remain available until expended to make payments in advance for 
grants, contracts and reimbursable agreements, and other expenses 
authorized by section 501(c) of the Refugee Education Assistance Act of 
1980, for the care and security in the United States of Cuban and 
Haitian entrants: Provided further, That the Director of the Federal 
Prison System may accept donated property and services relating to the 
operation of the prison card program from a not-for-profit entity which 
has operated such program in the past notwithstanding the fact that 
such not-for-profit entity furnishes services under contracts to the 
Federal Prison System relating to the operation of pre-release 
services, halfway houses or other custodial facilities.

                        buildings and facilities

    For planning, acquisition of sites and construction of new 
facilities; purchase and acquisition of facilities and remodeling, and 
equipping of such facilities for penal and correctional use, including 
all necessary expenses incident thereto, by contract or force account; 
and constructing, remodeling, and equipping necessary buildings and 
facilities at existing penal and correctional institutions, including 
all necessary expenses incident thereto, by contract or force account, 
$189,000,000, to remain available until expended, of which not to 
exceed $14,000,000 shall be available to construct areas for inmate 
work programs: Provided, That labor of United States prisoners may be 
used for work performed under this appropriation: Provided further, 
That none of the funds appropriated to ``Buildings and Facilities'' in 
this or any other Act may be transferred to ``Salaries and Expenses, 
Federal Prison System'', or any other Department of Justice account.

                federal prison industries, incorporated

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

   limitation on administrative expenses, federal prison industries, 
                              incorporated

    Not to exceed $3,393,000 of the funds of the corporation shall be 
available for its administrative expenses, and for services as 
authorized by 5 U.S.C. 3109, to be computed on an accrual basis to be 
determined in accordance with the corporation's current prescribed 
accounting system, and such amounts shall be exclusive of depreciation, 
payment of claims, and expenditures which such accounting system 
requires to be capitalized or charged to cost of commodities acquired 
or produced, including selling and shipping expenses, and expenses in 
connection with acquisition, construction, operation, maintenance, 
improvement, protection, or disposition of facilities and other 
property belonging to the corporation or in which it has an interest.

                       Office of Justice Programs

                           justice assistance

    For grants, contracts, cooperative agreements, and other assistance 
authorized by title I of the Omnibus Crime Control and Safe Streets Act 
of 1968, as amended, and the Missing Children's Assistance Act, as 
amended, including salaries and expenses in connection therewith, and 
with the Victims of Crime Act of 1984, as amended, $210,875,000, to 
remain available until expended.

               state and local law enforcement assistance

    For State and local law enforcement assistance, $1,117,919,000: 
Provided, That the funds made available under this heading shall be 
subject to the same authorities as funds appropriated under this 
heading in title I of Division B of Public Law 108-7: Provided further, 
That funds made available under this heading for the State Criminal 
Alien Assistance Program shall be utilized for correctional purposes: 
Provided further, That funds provided under this heading shall be 
distributed in the manner described in 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.

                       weed and seed program fund

    For necessary expenses, including salaries and related expenses of 
the Executive Office for Weed and Seed, to implement ``Weed and Seed'' 
program activities, $62,000,000, to remain available until September 
30, 2006, for inter-governmental agreements, including grants, 
cooperative agreements, and contracts, with State and local law 
enforcement agencies, non-profit organizations, and agencies of local 
government engaged in the investigation and prosecution of violent 
crimes and drug offenses in ``Weed and Seed'' designated communities, 
and for either reimbursements or transfers to appropriation accounts of 
the Department of Justice and other Federal agencies which shall be 
specified by the Attorney General to execute the ``Weed and Seed'' 
program strategy: Provided, That funds designated by Congress through 
language for other Department of Justice appropriation accounts for 
``Weed and Seed'' program activities shall be managed and executed by 
the Attorney General through the Executive Office for Weed and Seed: 
Provided further, That the Attorney General may direct the use of other 
Department of Justice funds and personnel in support of ``Weed and 
Seed'' program activities only after the Attorney General notifies the 
Committees on Appropriations of the House of Representatives and the 
Senate in accordance with section 605 of this Act: Provided further, 
That of the funds appropriated for the Executive Office for Weed and 
Seed, $2,000,000 shall be directed for comprehensive community 
development training and technical assistance.

                  community oriented policing services

    For Community Oriented Policing Services, $755,969,000: Provided, 
That the funds made available under this heading shall be subject to 
the same authorities as funds appropriated under this heading in title 
I of Division B of Public Law 108-7: Provided further, That of the 
funds under this heading, not to exceed $2,575,000 shall be available 
for Office of Justice Programs for reimbursable services: Provided 
further, That funds provided under this heading shall be distributed in 
the manner described 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.

                       juvenile justice programs

    For Juvenile Justice Programs, $360,000,000: Provided, That the 
funds made available under this heading shall be subject to the same 
authorities as funds appropriated under this heading in title I of 
Division B of Public Law 108-7: Provided further, That not more than 
ten percent of each amount may be used for research, evaluation, and 
statistics activities designed to benefit the programs or activities 
authorized: Provided further, That not more than two percent of each 
amount may be used for training and technical assistance: Provided 
further, That funds provided under this heading shall be distributed in 
the manner 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.

                    public safety officers benefits

    To remain available until expended, for payments authorized by part 
L of title I of the Omnibus Crime Control and Safe Streets Act of 1968 
(42 U.S.C. 3796), as amended, such sums as are necessary, as authorized 
by section 6093 of Public Law 100-690 (102 Stat. 4339-4340); and 
$6,410,000, to remain available until expended for payments as 
authorized by section 1201(b) of said Act.

               General Provisions--Department of Justice

                         (including rescission)

    Sec. 101. In addition to amounts otherwise made available in this 
title for official reception and representation expenses, a total of 
not to exceed $60,000 from funds appropriated to the Department of 
Justice in this title shall be available to the Attorney General for 
official reception and representation expenses.
    Sec. 102. None of the funds appropriated by this title shall be 
available to pay for an abortion, except where the life of the mother 
would be endangered if the fetus were carried to term, or in the case 
of rape: Provided, That should this prohibition be declared 
unconstitutional by a court of competent jurisdiction, this section 
shall be null and void.
    Sec. 103. None of the funds appropriated under this title shall be 
used to require any person to perform, or facilitate in any way the 
performance of, any abortion.
    Sec. 104. Nothing in the preceding section shall remove the 
obligation of the Director of the Bureau of Prisons to provide escort 
services necessary for a female inmate to receive such service outside 
the Federal facility: Provided, That nothing in this section in any way 
diminishes the effect of section 103 intended to address the 
philosophical beliefs of individual employees of the Bureau of Prisons.
    Sec. 105. Not to exceed 5 percent of any appropriation made 
available for the current fiscal year for the Department of Justice in 
this Act may be transferred between such appropriations, but no such 
appropriation, except as otherwise specifically provided, shall be 
increased by more than 10 percent by any such transfers: Provided, That 
any transfer pursuant to this section shall be treated as a 
reprogramming of funds under section 605 of this Act and shall not be 
available for obligation except in compliance with the procedures set 
forth in that section: Provided further, That transfers may not be made 
from ``Buildings and Facilities, Federal Prison System'' to any other 
Department of Justice account.
    Sec. 106. In addition to the amounts provided under ``Salaries and 
Expenses, United States Attorneys'', $15,000,000 shall be for Project 
Seahawk and shall remain available until expended.
    Sec. 107. For an additional amount for the ``Local Law Enforcement 
Block Grant'' program to be provided to the City of San Juan, Puerto 
Rico, $544,000.
    Sec. 108. The Attorney General is authorized to make permanent the 
Personnel Management Demonstration Project transferred to the Attorney 
General pursuant to section 1115 of the Homeland Security Act of 2002, 
Public Law 107-296 (6 U.S.C. 533) without limitation on the number of 
employees or the positions covered.
    Sec. 109. Notwithstanding any other provision of law, Public Law 
102-395 section 102(b) shall extend to the Bureau of Alcohol, Tobacco, 
Firearms and Explosives in the conduct of undercover investigative 
operations and shall apply without fiscal year limitation with respect 
to any undercover investigative operation initiated by the Bureau of 
Alcohol, Tobacco, Firearms and Explosives that is necessary for the 
detection and prosecution of crimes against the United States.
    Sec. 110. Section 1344 of Title 31 of the United States Code, is 
amended in subsection (b) paragraph (6) by inserting after ``Federal 
Bureau of Investigation,'' the words ``Director of the Bureau of 
Alcohol, Tobacco, Firearms and Explosives''. This amendment shall take 
effect as if enacted on January 1, 2004.
    Sec. 111. Funds appropriated by this Act for the Federal Prisons 
System shall be in the amounts and accounts specified in the report 
accompanying this Act: Provided, That within 30 days of enactment of 
this Act, the Bureau of Prisons will submit a comprehensive financial 
plan for the Federal Prison System to the Committees on Appropriations: 
Provided further, That no funds appropriated for the Federal Prison 
System in this or any other Appropriations Act for the construction of 
new facilities may be rescinded, cancelled, or used for any other 
purpose.
    Sec. 112. To promote fiscal best practices through cost efficient 
rededication of government resources, the Bureau of Prisons shall 
implement a pilot program in the Southern District of Florida which 
would allow the Federal Public Defender to transfer government 
computers to the local detention facility for use by indigent 
defendants to review electronic discovery. These computers will be 
dedicated to indigent defense matters according to schedules and 
protocols developed by the staff of the local facility in consultation 
with the Federal Defender and the District Court's Criminal Justice Act 
Selection Committee.
    Sec. 113. None of the funds made available to the Department of 
Justice in this Act may be used for the purpose of transporting an 
individual who is a prisoner pursuant to conviction for crime under 
State or Federal law and is classified as a maximum or high security 
prisoner, other than to a prison or other facility certified by the 
Federal Bureau of Prisons as appropriately secure for housing such a 
prisoner.
    Sec. 114. (a) None of the funds appropriated by this Act may be 
used by Federal prisons to purchase cable television services, to rent 
or purchase videocassettes, videocassette recorders, or other 
audiovisual or electronic equipment used primarily for recreational 
purposes.
    (b) The preceding sentence does not preclude the renting, 
maintenance, or purchase of audiovisual or electronic equipment for 
inmate training, religious, or educational programs.
    Sec. 115. None of the funds appropriated in this Act or any other 
Act shall be expended to acquire either by construction or lease a 
building for an interim Federal Bureau of Investigation Central Records 
Complex, except following the approval of a report on site-selection 
for the permanent facility: Provided, That any interim facility shall 
be located at the site of the permanent Central Records Complex.
    This title may be cited as the ``Department of Justice 
Appropriations Act, 2005''.

         TITLE II--DEPARTMENT OF COMMERCE AND RELATED AGENCIES

                  TRADE AND INFRASTRUCTURE DEVELOPMENT

                            RELATED AGENCIES

            Office of the United States Trade Representative

                         salaries and expenses

                     (including transfer of funds)

    For necessary expenses of the Office of the United States Trade 
Representative, including the hire of passenger motor vehicles and the 
employment of experts and consultants as authorized by 5 U.S.C. 3109, 
$41,552,000, of which $1,000,000 shall remain available until expended: 
Provided, That not to exceed $124,000 shall be available for official 
reception and representation expenses: Provided further, That not less 
than $2,000,000 provided under this heading shall be for expenses 
authorized by 19 U.S.C. 2451 and 1677b(c): Provided further, That 
negotiations shall be conducted within the World Trade Organization to 
recognize the right of members to distribute monies collected from 
antidumping and countervailing duties: Provided further, That there is 
established a position of Chief Negotiator for Intellectual Property 
Enforcement: Provided further, That amounts made available to the 
Office of the United States Trade Representative pursuant to a 
provision under the heading ``National Intellectual Property Law 
Enforcement Coordination Council'' are for the establishment of the 
position of Chief Negotiator for Intellectual Property Enforcement and 
for operations and support costs of such position, in accordance with 
the previous proviso.

  national intellectual property law enforcement coordination council

                     (including transfer of funds)

    For necessary expenses of the National Intellectual Property Law 
Enforcement Coordination Council to coordinate domestic and 
international intellectual property protection and law enforcement 
relating to intellectual property among federal and foreign entities, 
$20,000,000: Provided, That there shall be at the head of the National 
Intellectual Property Law Enforcement Coordination Council a 
Coordinator for International Intellectual Property Enforcement: 
Provided further, That the Coordinator for International Intellectual 
Property Enforcement shall be appointed by the President: Provided 
further, That no person shall serve as the Coordinator for 
International Intellectual Property Enforcement while serving in any 
other position in the Federal Government: Provided further, That the 
co-chairs of the National Intellectual Property Law Enforcement 
Coordination Council, as designated by Public Law 106-58, shall report 
to the Coordinator for International Intellectual Property Enforcement 
on matters concerning the National Intellectual Property Law 
Enforcement Coordination Council: Provided further, That the National 
Intellectual Property Law Enforcement Coordination Council shall--
            (1) establish policies, objectives, and priorities 
        concerning international intellectual property protection and 
        intellectual property law enforcement;
            (2) promulgate a strategy for protecting American 
        intellectual property overseas; and
            (3) coordinate and oversee implementation by agencies with 
        responsibilities for intellectual property protection and 
        intellectual property law enforcement of the policies, 
        objectives, and priorities established under paragraph (1) and 
        the fulfillment of the responsibilities assigned to such 
        agencies in the strategy described in paragraph (2):
Provided further, That the Coordinator for International Intellectual 
Property Enforcement shall develop for each fiscal year, with the 
advice of the members of the National Intellectual Property Law 
Enforcement Coordination Council and any other departments and agencies 
with responsibilities for intellectual property protection and 
intellectual property law enforcement, a budget proposal to implement 
the strategy described in paragraph (2) and for the operations of the 
National Intellectual Property Law Enforcement Coordination Council, 
and shall transmit such budget proposal to the President and to the 
Congress: Provided further, That the Coordinator for International 
Intellectual Property Enforcement may select, appoint, employ, and fix 
compensation of such officers and employees as may be necessary to 
carry out the functions of the National Intellectual Property Law 
Enforcement Coordination Council: Provided further, That the 
Coordinator for International Intellectual Property Enforcement may 
direct, with the concurrence of the Secretary of a department or head 
of an agency, the temporary reassignment within the Federal Government 
of personnel employed by such department or agency: Provided further, 
That within amounts made available under this heading, $5,000,000 shall 
be for salaries and expenses and operations and support costs of the 
National Intellectual Property Law Enforcement Coordination Council, 
$5,000,000 shall be transferred to, and merged with, the appropriations 
for ``Office of the United States Trade Representative, Salaries and 
Expenses'' to establish a position of Chief Negotiator for Intellectual 
Property Enforcement and related costs within 30 days of enactment of 
this Act, $1,000,000 shall be transferred to, and merged with, the 
appropriations for ``Diplomatic and Consular Programs'', Department of 
State, for salaries and expenses and related costs of the Office of 
International Intellectual Property Protection and Enforcement within 
30 days of enactment of this Act, and $9,000,000 shall be for programs 
that enhance enforcement of international intellectual property law and 
of requirements under international agreements relating to intellectual 
property, as determined by the Coordinator for International 
Intellectual Property Enforcement and the co-chairs and members of the 
National Intellectual Property Law Enforcement Coordination Council.

                     International Trade Commission

                         salaries and expenses

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

                         DEPARTMENT OF COMMERCE

                   International Trade Administration

                     operations and administration

                     (including transfer of funds)

    For necessary expenses for international trade activities of the 
Department of Commerce provided for by law, and for engaging in trade 
promotional activities abroad, including expenses of grants and 
cooperative agreements for the purpose of promoting exports of United 
States firms, without regard to 44 U.S.C. 3702 and 3703; full medical 
coverage for dependent members of immediate families of employees 
stationed overseas and employees temporarily posted overseas; travel 
and transportation of employees of the United States and Foreign 
Commercial Service between two points abroad, without regard to 49 
U.S.C. 40118; employment of Americans and aliens by contract for 
services; rental of space abroad for periods not exceeding 10 years, 
and expenses of alteration, repair, or improvement; purchase or 
construction of temporary demountable exhibition structures for use 
abroad; payment of tort claims, in the manner authorized in the first 
paragraph of 28 U.S.C. 2672 when such claims arise in foreign 
countries; not to exceed $327,000 for official representation expenses 
abroad; purchase of passenger motor vehicles for official use abroad, 
not to exceed $30,000 per vehicle; obtaining insurance on official 
motor vehicles; and rental of tie lines, $401,513,000, to remain 
available until expended, of which $8,000,000 is to be derived from 
fees to be retained and used by the International Trade Administration, 
notwithstanding 31 U.S.C. 3302: Provided, That $4,539,000 shall be 
transferred to the Department of State for the Capital Security Cost 
Sharing Program: Provided further, That $213,865,000 shall be for the 
United States and Foreign Commercial Service: Provided further, That 
negotiations shall be conducted within the World Trade Organization to 
recognize the right of members to distribute monies collected from 
antidumping and countervailing duties: Provided further, That the 
provisions of the first sentence of section 105(f) and all of section 
108(c) of the Mutual Educational and Cultural Exchange Act of 1961 (22 
U.S.C. 2455(f) and 2458(c)) shall apply in carrying out these 
activities without regard to section 5412 of the Omnibus Trade and 
Competitiveness Act of 1988 (15 U.S.C. 4912); and that for the purpose 
of this Act, contributions under the provisions of the Mutual 
Educational and Cultural Exchange Act of 1961 shall include payment for 
assessments for services provided as part of these activities.

                    Bureau of Industry and Security

                     operations and administration

    For necessary expenses for export administration and national 
security activities of the Department of Commerce, including costs 
associated with the performance of export administration field 
activities both domestically and abroad; full medical coverage for 
dependent members of immediate families of employees stationed 
overseas; employment of Americans and aliens by contract for services 
abroad; payment of tort claims, in the manner authorized in the first 
paragraph of 28 U.S.C. 2672 when such claims arise in foreign 
countries; not to exceed $15,000 for official representation expenses 
abroad; awards of compensation to informers under the Export 
Administration Act of 1979, and as authorized by 22 U.S.C. 401(b); and 
purchase of passenger motor vehicles for official use and motor 
vehicles for law enforcement use with special requirement vehicles 
eligible for purchase without regard to any price limitation otherwise 
established by law, $70,872,000, to remain available until expended: of 
which $7,200,000 shall be for inspections and other activities related 
to national security: Provided, That the provisions of the first 
sentence of section 105(f) and all of section 108(c) of the Mutual 
Educational and Cultural Exchange Act of 1961 (22 U.S.C. 2455(f) and 
2458(c)) shall apply in carrying out these activities: Provided 
further, That payments and contributions collected and accepted for 
materials or services provided as part of such activities may be 
retained for use in covering the cost of such activities, and for 
providing information to the public with respect to the export 
administration and national security activities of the Department of 
Commerce and other export control programs of the United States and 
other governments.

                  Economic Development Administration

                economic development assistance programs

    For grants for economic development assistance as provided by the 
Public Works and Economic Development Act of 1965, and for trade 
adjustment assistance, $285,083,000, to remain available until 
expended.

                         salaries and expenses

    For necessary expenses of administering the economic development 
assistance programs as provided for by law, $30,400,000: Provided, That 
these funds may be used to monitor projects approved pursuant to title 
I of the Public Works Employment Act of 1976, title II of the Trade Act 
of 1974, and the Community Emergency Drought Relief Act of 1977.

                  Minority Business Development Agency

                     minority business development

    For necessary expenses of the Department of Commerce in fostering, 
promoting, and developing minority business enterprise, including 
expenses of grants, contracts, and other agreements with public or 
private organizations, $31,555,000.

                ECONOMIC AND INFORMATION INFRASTRUCTURE

                   Economic and Statistical Analysis

                         salaries and expenses

    For necessary expenses, as authorized by law, of economic and 
statistical analysis programs of the Department of Commerce, 
$81,764,000, to remain available until September 30, 2006.

                          Bureau of the Census

                         salaries and expenses

    For expenses necessary for collecting, compiling, analyzing, 
preparing, and publishing statistics, provided for by law, 
$174,304,000.

                     periodic censuses and programs

    For nessary expenses related to the 2010 decennial census, 
$250,611,000, to remain available until September 30, 2005: Provided, 
That none of the funds provided in this or any previous Act, or 
hereafter made available to the Department of Commerce, shall be 
available to reimburse the Unemployment Trust Fund or any other fund or 
account of the Treasury to pay for any expenses for services performed 
by individuals appointed to temporary positions within the Bureau of 
the Census for purposes relating to the decennial censuses of 
population.
    In addition, for expenses to collect and publish statistics for 
other periodic censuses and programs provided for by law, $180,853,000, 
to remain available until September 30, 2005.

       National Telecommunications and Information Administration

                         salaries and expenses

    For necessary expenses, as provided for by law, of the National 
Telecommunications and Information Administration (NTIA), $21,583,000, 
to remain available until September 30, 2006: Provided, That, 
notwithstanding 31 U.S.C. 1535(d), the Secretary of Commerce shall 
charge Federal agencies for costs incurred in spectrum management, 
analysis, and operations, and related services and such fees shall be 
retained and used as offsetting collections for costs of such spectrum 
services, to remain available until expended: Provided further, That 
the Secretary of Commerce is authorized to retain and use as offsetting 
collections all funds transferred, or previously transferred, from 
other Government agencies for all costs incurred in telecommunications 
research, engineering, and related activities by the Institute for 
Telecommunication Sciences of NTIA, in furtherance of its assigned 
functions under this paragraph, and such funds received from other 
Government agencies shall remain available until expended.

    public telecommunications facilities, planning and construction

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

                   information infrastructure grants

    For grants authorized by section 392 of the Communications Act of 
1934, $14,842,000, to remain available until expended as authorized by 
section 391 of the Act: Provided, That not to exceed $3,000,000 shall 
be available for program administration and other support activities as 
authorized by section 391: Provided further, That, of the funds 
appropriated herein, not to exceed 5 percent may be available for 
telecommunications research activities for projects related directly to 
the development of a national information infrastructure: Provided 
further, That, notwithstanding the requirements of sections 392(a) and 
392(c) of the Act, these funds may be used for the planning and 
construction of telecommunications networks for the provision of 
educational, health care, or public information: Provided further, 
That, notwithstanding any other provision of law, no entity that 
receives telecommunications services at preferential rates under 
section 254(h) of the Act (47 U.S.C. 254(h)) or receives assistance 
under the regional information sharing systems grant program of the 
Department of Justice under part M of title I of the Omnibus Crime 
Control and Safe Streets Act of 1968 (42 U.S.C. 3796h) may use funds 
under a grant under this heading to cover any costs of the entity that 
would otherwise be covered by such preferential rates or such 
assistance, as the case may be.

               United States Patent and Trademark Office

                         salaries and expenses

                     (including transfer of funds)

    For necessary expenses of the United States Patent and Trademark 
Office provided for by law, including defense of suits instituted 
against the Under Secretary of Commerce for Intellectual Property and 
Director of the United States Patent and Trademark Office, 
$1,336,000,000, to remain available until expended, which amount shall 
be derived from offsetting collections assessed and collected pursuant 
to 15 U.S.C. 1113 and 35 U.S.C. 41 and 376, and may be retained and 
used for necessary expenses of the United States Patent and Trademark 
Office and related activities: Provided, That the sum herein 
appropriated from the general fund shall be reduced as such offsetting 
collections are received during fiscal year 2005, so as to result in a 
fiscal year 2005 appropriation from the general fund estimated at $0: 
Provided further, That during fiscal year 2005, should the amount of 
offsetting fees collected under this paragraph be less than 
$1,356,000,000, this amount of $1,356,000,000 shall be reduced 
accordingly: Provided further, That from amounts provided herein, not 
to exceed $1,000 shall be made available in fiscal year 2005 for 
official reception and representation expenses: Provided further, That 
of amounts made available under this heading, $20,000,000 shall only be 
available for initiatives to protect United States intellectual 
property overseas: Provided further, That fees authorized by title VII 
of this Act may be collected and credited to this account as offsetting 
fee collections: Provided further, That not to exceed $208,754,000 
derived from such offsetting fee collections shall be available until 
expended for necessary expenses of the United States Patent and 
Trademark Office and related activities: Provided further, That the 
total amount appropriated from fees collected in fiscal year 2005, 
including such increased fees, shall not exceed $1,564,754,000: 
Provided further, That beginning in fiscal year 2005, from the amounts 
made available for ``Salaries and Expenses'' for the United States 
Patent and Trademark Office (PTO), the amounts necessary to pay (1) the 
difference between the percentage of basic pay contributed by the PTO 
and employees under section 8334(a) of title 5, United States Code, and 
the normal cost percentage (as defined by section 8331(17) of that 
title) of basic pay, of employees subject to subchapter III of chapter 
83 of that title; and (2) the present value of the otherwise unfunded 
accruing costs, as determined by the Office of Personnel Management, of 
post-retirement life insurance and postretirement health benefits 
coverage for all PTO employees, shall be transferred to the Civil 
Service Retirement and Disability Fund, the Employees Life Insurance 
Fund, and the Employees Health Benefits Fund, as appropriate, and shall 
be available for the authorized purposes of those accounts.

                         SCIENCE AND TECHNOLOGY

                       Technology Administration

                         salaries and expenses

    For necessary expenses for the Under Secretary for Technology 
Office of Technology Policy, $6,407,000: Provided, That section 8(a) of 
the Technology Administration Act of 1998 (15 U.S.C. 1511e(a)) is 
amended by deleting ``Technology Administration of'' after ``within 
the''.

             National Institute of Standards and Technology

             scientific and technical research and services

    For necessary expenses of the National Institute of Standards and 
Technology, $383,892,000, to remain available until expended, of which 
not to exceed $14,800,000 may be transferred to the ``Working Capital 
Fund''.

                     industrial technology services

    For necessary expenses of the Manufacturing Extension Partnership 
of the National Institute of Standards and Technology, $112,000,000, to 
remain available until expended: Provided, That the Secretary of 
Commerce shall not recompete any existing Manufacturing Extension 
Partnership Center prior to 2007.
    In addition, for necessary expenses of the Advanced Technology 
Program of the National Institute of Standards and Technology, 
$203,000,000, to remain available until expended, of which $60,700,000 
shall be expended for the award of new grants before September 30, 
2005.

                  construction of research facilities

    For construction of new research facilities, including 
architectural and engineering design, and for renovation and 
maintenance of existing facilities, not otherwise provided for the 
National Institute of Standards and Technology, as authorized by 15 
U.S.C. 278c-278e, $86,071,000, to remain available until expended.

            National Oceanic and Atmospheric Administration

        operations, research, facilities and systems acquisition

                     (including transfer of funds)

    For necessary expenses of activities authorized by law for the 
National Oceanic and Atmospheric Administration, including maintenance, 
operation, and hire of aircraft and vessels; grants, contracts, or 
other payments to nonprofit organizations for the purposes of 
conducting activities pursuant to cooperative agreements; relocation of 
facilities and acquisition and construction of capital assets, 
$4,052,646,000, to remain available until September 30, 2009, of which 
$3,000,000 shall be derived by transfer from the fund entitled 
``Coastal Zone Management'' and in addition $57,000,000 shall be 
derived by transfer from the fund entitled ``Promote and Develop 
Fishery Products and Research Pertaining to American Fisheries'': 
Provided, That fees and donations received for the management of the 
national marine sanctuaries may be retained and used for the salaries 
and expenses associated with those activities, notwithstanding 31 
U.S.C. 3302: Provided further, That grants to States pursuant to 
sections 306 and 306A of the Coastal Zone Management Act of 1972, as 
amended, shall not exceed $2,000,000, unless funds provided for 
``Coastal Zone Management Grants'' exceed funds provided in the 
previous fiscal year: Provided further, That if funds provided for 
``Coastal Zone Management Grants'' exceed funds provided in the 
previous fiscal year, then no State shall receive more than 5 percent 
or less than 1 percent of the additional funds: Provided further, That, 
of the $4,112,646,000 provided for in direct obligations under this 
heading, $1,548,498,000 shall be for Ecosystems Forecasting and 
Management, $56,983,000 shall be for Ocean Exploration, $408,181,000 
shall be for Climate Programs, $1,362,704,000 shall be for Weather and 
Water Programs, $287,402,000 shall be for Commerce and Transportation, 
and $448,878,000 shall be for NOAA-Wide Programs: Provided further, 
That no general administrative charge shall be applied against an 
assigned activity included in this Act or the report accompanying this 
Act, except for additional costs above the fiscal year 2004 level of 
$2,600,000 for automating and modernizing the NOAA grant processing 
systems: Provided further, That payments of funds made available under 
this heading to the Department of Commerce Working Capital Fund 
including Department of Commerce General Counsel legal services shall 
not exceed $39,000,000: Provided further, That none of the funds under 
this heading are available to alter the existing structure, 
organization, function, and funding of the National Marine Fisheries 
Service Southwest Region and Fisheries Science Center and Northwest 
Region and Fisheries Science Center: Provided further, That 
notwithstanding any other provision of law, $600,000 shall be available 
only for the National Oceanic and Atmospheric Administration Office of 
Space Commercialization: Provided further, That the personnel 
management demonstration project established at the National Oceanic 
and Atmospheric Administration pursuant to 5 U.S.C. 4703 may be 
expanded by 3,500 full-time positions to include up to 6,925 full time 
positions and may be extended indefinitely: Provided further, That none 
of the funds in this Act may be used for the National Oceanic and 
Atmospheric Administration to implement the Department of Commerce's E-
Government initiatives: Provided further, That hereafter the 
Administrator of the National Oceanic and Atmospheric Administration 
may engage in formal and informal education activities, including 
primary and secondary education, related to the agency's mission goals: 
Provided further, That section 515 of Public Law 106-554 and any 
regulations and guidelines promulgated under such authority shall not 
apply on or after the date of enactment to research and data 
collection, or information analysis conducted by or for the National 
Oceanic and Atmospheric Administration: Provided further, That, 
notwithstanding any other provision of law, the authorities provided to 
National Aeronautics and Space Administration pursuant to 42 U.S.C. 
2473 shall be available to the National Oceanic and Atmospheric 
Administration in the furtherance of its oceanic, atmospheric and space 
mission and programs: Provided further, That beginning in fiscal year 
2006 and for each fiscal year thereafter, the Secretary of Commerce 
shall include in the budget justification materials that the Secretary 
submits to Congress in support of the Department of Commerce budget (as 
submitted with the budget of the President under section 1105(a) of 
title 31, 10 United States Code) an estimate for each National Oceanic 
and Atmospheric Administration procurement, acquisition and 
construction program having a total multiyear program cost of more than 
$5,000,000 and simultaneously the budget justification materials shall 
include an estimate of the budgetary requirements for each such program 
for each of the five subsequent fiscal years: Provided further, That 
the obligated balance of such sums shall remain available through 
September 30, 2011 for liquidating obligations made in fiscal years 
2003 and 2004.
    In addition, for necessary retired pay expenses under the Retired 
Serviceman's Family Protection and Survivor Benefits Plan, and for 
payments for medical care of retired personnel and their dependents 
under the Dependents Medical Care Act (10 U.S.C. ch. 55), such sums as 
may be necessary.

                    pacific coastal salmon recovery

    For necessary expenses associated with the restoration of Pacific 
salmon populations, $99,000,000: Provided, That Section 628(2)(A) of 
the Departments of Commerce, Justice, and State, the Judiciary and 
Related Agencies Appropriations Act, 2001 (16 U.S.C. 3645) is amended--
            (1) by striking ``2000, 2001, 2002, and 2003'' and 
        inserting ``2005, and 2006'',
            (2) by striking ``$90,000,000'' and inserting 
        ``$99,000,000'', and
            (3) by inserting ``Idaho,'' after ``Oregon,''.

                      coastal zone management fund

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

                      fishermen's contingency fund

    For carrying out the provisions of title IV of Public Law 95-372, 
not to exceed $956,000, to be derived from receipts collected pursuant 
to that Act, to remain available until expended.

                     foreign fishing observer fund

    For expenses necessary to carry out the provisions of the Atlantic 
Tunas Convention Act of 1975, as amended (Public Law 96-339), the 
Magnuson-Stevens Fishery Conservation and Management Act of 1976, as 
amended (Public Law 100-627), and the American Fisheries Promotion Act 
(Public Law 96-561), to be derived from the fees imposed under the 
foreign fishery observer program authorized by these Acts, not to 
exceed $191,000, to remain available until expended.

                   fisheries finance program account

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

                                 OTHER

                        Departmental Management

                         salaries and expenses

    For expenses necessary for the departmental management of the 
Department of Commerce provided for by law, including not to exceed 
$5,000 for official entertainment, $55,550,000: Provided, That of the 
funds under this heading, not less than $3,000,000 shall be available 
for the installation of a security fence and related improvements at 
the Commerce Department installation in Boulder, Colorado.

       united states travel and tourism promotion advisory board

    For necessary expenses of the United States Travel and Tourism 
Promotion Advisory Board, as authorized by section 210 of Public Law 
108-7, for programs promoting travel to the United States including 
grants, contracts, cooperative agreements and related costs, 
$20,000,000, to remain available until September 30, 2006: Provided, 
That the Secretary of Commerce shall apportion and obligate these funds 
to the United States Travel and Tourism Promotion Advisory Board by not 
later than December 31, 2004.

                    office of the inspector general

    For necessary expenses of the Office of Inspector General in 
carrying out the provisions of the Inspector General Act of 1978 (5 
U.S.C. App.), $21,071,000.

               General Provisions, Department of Commerce

    Sec. 201. During the current fiscal year, applicable appropriations 
and funds made available to the Department of Commerce by this Act 
shall be available for the activities specified in the Act of October 
26, 1949 (15 U.S.C. 1514), to the extent and in the manner prescribed 
by the Act, and, notwithstanding 31 U.S.C. 3324, may be used for 
advanced payments not otherwise authorized only upon the certification 
of officials designated by the Secretary of Commerce that such payments 
are in the public interest.
    Sec. 202. During the current fiscal year, appropriations made 
available to the Department of Commerce by this Act for salaries and 
expenses shall be available for hire of passenger motor vehicles as 
authorized by 31 U.S.C. 1343 and 1344; services as authorized by 5 
U.S.C. 3109; and uniforms or allowances therefore, as authorized by law 
(5 U.S.C. 5901-5902).
    Sec. 203. Not to exceed 5 percent of any appropriation made 
available for the current fiscal year for the Department of Commerce in 
this Act may be transferred between such appropriations, but no such 
appropriation shall be increased by more than 10 percent by any such 
transfers: Provided, That any transfer pursuant to this section shall 
be treated as a reprogramming of funds under section 605 of this Act 
and shall not be available for obligation or expenditure except in 
compliance with the procedures set forth in that section: Provided 
further, That the Secretary of Commerce shall notify the Committees on 
Appropriations at least 15 days in advance of the acquisition or 
disposal of any capital asset (including land, structures, and 
equipment) not specifically provided for in this or any other 
Departments of Commerce, Justice, and State, the Judiciary, and Related 
Agencies Appropriations Act: Provided further, That for the National 
Oceanic and Atmospheric Administration this section shall provide for 
transfers among appropriations made only to the National Oceanic and 
Atmospheric Administration and such appropriations may not be 
transferred and reprogrammed to other Department of Commerce bureaus 
and appropriation accounts.
    Sec. 204. Any costs incurred by a department or agency funded under 
this title resulting from personnel actions taken in response to 
funding reductions included in this title or from actions taken for the 
care and protection of loan collateral or grant property shall be 
absorbed within the total budgetary resources available to such 
department or agency: Provided, That the authority to transfer funds 
between appropriations accounts as may be necessary to carry out this 
section is provided in addition to authorities included elsewhere in 
this Act: Provided further, That use of funds to carry out this section 
shall be treated as a reprogramming of funds under section 605 of this 
Act and shall not be available for obligation or expenditure except in 
compliance with the procedures set forth in that section.
    Sec. 205. Of the amount available from the fund entitled ``Promote 
and Develop Fishery Products and Research Pertaining to American 
Fisheries'', $15,000,000 shall be provided to the Alaska Fisheries 
Marketing Board, $2,000,000 shall be available to the Gulf and South 
Atlantic Fisheries Foundation for its ``Wild American Shrimp Marketing 
Program'', $2,000,000 shall be available to the South Carolina Seafood 
Alliance and $1,000,000 shall be available for the Gulf Oyster Industry 
Education Program: Provided, That (1) the Alaska Fisheries Marketing 
Board (hereinafter ``the Board'') shall be a nonprofit organization and 
not an agency or establishment of the United States, (2) the Secretary 
may appoint, assign, or otherwise designate as Executive Director an 
employee of the Department of Commerce, who may serve in an official 
capacity in such position, with or without reimbursement, and such 
appointment or assignment shall be without interruption or loss of 
civil service status or privilege, and (3) the Board may adopt bylaws 
consistent with the purposes of this section, and may undertake other 
acts necessary to carry out the provisions of this section.
    Sec. 206. (a) The Secretary of Commerce is authorized to operate a 
marine laboratory in South Carolina in accordance with a memorandum of 
agreement, including any future amendments, among the National Oceanic 
and Atmospheric Administration, the National Institute of Standards and 
Technology, the State of South Carolina, the Medical University of 
South Carolina, and the College of Charleston as a partnership for 
collaborative, interdisciplinary marine scientific research.
    (b) To carry out subsection (a), the agencies that are partners in 
the Laboratory may accept, apply for, use, and spend Federal, State, 
private and grant funds as necessary to further the mission of the 
Laboratory without regard to the source or of the period of 
availability of these funds and may apply for and hold patents, as well 
as share personnel, facilities, and property. Any funds collected or 
accepted by any partner may be used to offset all or portions of its 
costs, including overhead, without regard to 31 U.S.C. section 
143302(b); to reimburse other participating agencies for all or 
portions of their costs; and to fund research and facilities expansion. 
Funds for management and operation of the Laboratory may be used to 
sustain basic laboratory operations for all participating entities. The 
Secretary of Commerce is authorized to charge fees and enter into 
contracts, grants, cooperative agreements and other arrangements with 
Federal, State, private entities, and other entities, domestic and 
foreign, to further the mission of the Laboratory. Any funds collected 
from such fees or arrangements shall be used to support cooperative 
research, basic operations, and facilities enhancement at the 
Laboratory.
    Sec. 207. Funds made available for salaries and administrative 
expenses to administer the Emergency Steel Loan Guarantee Program in 
section 211(b) of Public Law 108-199 shall remain available until 
expended.
    Sec. 208. The Secretary of Commerce shall consider fish harvested 
during a survey for the sablefish fisheries in the Bering Sea/Aleutian 
Islands and Gulf of Alaska during the base period from 1985 to 1990 to 
count toward a vessel's catch history under the sablefish Individual 
Fishing Quota program: Provided, That such catch history shall not be 
in addition to the total allowable catch established for the program 
and inclusion of such catch shall not result in overfishing in the 
industry. Vessel catch history determined under this provision shall be 
applied to the owner of the vessel in 1995.
    Sec. 209. A fishing capacity reduction program for the Southeast 
Alaska purse seine fishery is authorized to be financed through a 
capacity reduction loan of $20,000,000 pursuant to sections 1111 and 
1112 of title XI of the Merchant Marine Act of 1936 (46 U.S.C. App. 
1279f and 1279g) subject to the conditions of this section. In 
accordance with the Federal Credit Reform Act of 1990, 2 U.S.C. 
Sec. 661 et seq., $200,000 is hereby appropriated for the cost of 
guaranteeing the loan authorized by this section. The loan shall be to 
the Southeast Revitalization Association and with a term of 30 years, 
except that the amount to be repaid in any one year shall not exceed 2 
percent of the total value of salmon landed in the fishery and such 
repayment shall begin with salmon landed after January 1, 2006.
    Sec. 210. Section 653(a) of Public Law 106-58 is amended by adding 
``(7) The Coordinator for International Intellectual Property 
Enforcement.'' after ``Under Secretary of Commerce for International 
Trade.''.
    Sec. 211. Notwithstanding any other provision of law, of the 
amounts made available elsewhere in this title to the ``National 
Institute of Standards and Technology, Construction of Research 
Facilities'', $20,000,000 is for a cooperative agreement with the 
Medical University of South Carolina; $10,000,000 is for the Cancer 
Research Center in Hawaii; $4,000,000 is for the Thayer School of 
Engineering, of which $1,000,000 is for a biomass energy research 
project, $2,000,000 is for a smart laser beam project, and $1,000,000 
is for research relating to biomaterials; $1,000,000 is for civic 
education programs at the New Hampshire Institute of Politics; 
$1,500,000 is for the Franklin Pierce Community Center; $2,000,000 is 
for the Southern New Hampshire University School of Community Economic 
Development; and $5,000,000 is for the Boston Museum of Science.
    Sec. 212. Section 3(f) of Public Law 104-91 is amended by striking 
``and 2005'' and inserting ``2005, 2006, and 2007''.
    Sec. 213. Notwithstanding any other Federal law related to the 
conservation and management of marine mammals, the State of Hawaii may 
enforce any State law or regulation with respect to the operation in 
State waters of recreational and commercial vessels, for the purpose of 
conservation and management of humpback whales, to the extent that such 
law or regulation is no less restrictive than Federal law.
    Sec. 214. Establishment of the Ernest F. Hollings Scholarship 
Program. (a) Establishment.--The Administrator of the National Oceanic 
and Atmospheric Administration shall establish and administer the 
Ernest F. Hollings Scholarship Program. Under the program, the 
Administrator shall award scholarships in oceanic and atmospheric 
science, research, technology, and education to be known as Ernest F. 
Hollings Scholarships.
    (b) Purposes.--The purposes of the Ernest F. Hollings Scholarships 
Program are--
            (1) to increase undergraduate training in oceanic and 
        atmospheric science, research, technology, and education and 
        foster multidisciplinary training opportunities;
            (2) to increase public understanding and support for 
        stewardship of the ocean and atmosphere and improve 
        environmental literacy; and
            (3) to recruit and prepare students for public service 
        careers with the National Oceanic and Atmospheric 
        Administration and other natural resource and science agencies 
        at the Federal, State and Local levels of government; and
            (4) to recruit and prepare students for careers as teachers 
        and educators in oceanic and atmospheric science and to improve 
        scientific and environmental education in the United States.
    (c) Award.--Each Ernest F. Hollings Scholarship--
            (1) shall be used to support undergraduate studies in 
        oceanic and atmospheric science, research, technology, and 
        education that support the purposes of the programs and 
        missions of the National Oceanic and Atmospheric 
        Administration;
            (2) shall recognize outstanding scholarship and ability;
            (3) shall promote participation by groups underrepresented 
        in oceanic and atmospheric science and technology; and
            (4) shall be awarded competitively in accordance with 
        guidelines issued by the Administrator and published in the 
        Federal Register.
    (d) Eligibility.--In order to be eligible to participate in the 
program, an individual must--
            (1) be enrolled or accepted for enrollment as a full-time 
        student at an institution of higher education (as defined in 
        section 101(a) of the Higher Education Act of 1965) in an 
        academic field or discipline described in subsection (c);
            (2) be a United States citizen;
            (3) not have received a scholarship under this section for 
        more than 4 academic years, unless the Administrator grants a 
        waiver; and
    (4) submit an application at such time, in such manner, and 
containing such information, agreements, or assurances as the 
Administrator may require.
    (e) Distribution of Funds.--The amount of each Ernest F. Hollings 
Scholarship shall be provided directly to a recipient selected by the 
Administrator upon receipt of certification that the recipient will 
adhere to a specific and detailed plan of study and research approved 
by an institution of higher education.
    (f) Funding.--Of the total amount appropriated for fiscal year 2005 
and annually hereafter to the National Oceanic and Atmospheric 
Administration, the Administrator shall make available for the Ernest 
F. Hollings Scholarship program one-tenth of one percent of such 
appropriations.
    (g) Scholarship Repayment Requirement.--The Administrator shall 
require an individual receiving a scholarship under this section to 
repay the full amount of the scholarship to the National Oceanic and 
Atmospheric Administration if the Administrator determines that the 
individual, in obtaining or using the scholarship, engaged in 
fraudulent conduct or failed to comply with any term or condition of 
the scholarship. Such repayments shall be deposited in the NOAA 
Operations, Research, Facilities and Systems Acquisition Appropriations 
Account and treated as an offsetting collection and only be available 
for financing additional scholarships.
    This title may be cited as the ``Department of Commerce and Related 
Agencies Appropriations Act, 2005''.

                        TITLE III--THE JUDICIARY

                   Supreme Court of the United States

                         salaries and expenses

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

                    care of the building and grounds

    For such expenditures as may be necessary to enable the Architect 
of the Capitol to carry out the duties imposed upon the Architect by 
the Act approved May 7, 1934 (40 U.S.C. 13a-13b), $10,579,000, to 
remain available until expended.

         United States Court of Appeals for the Federal Circuit

                         salaries and expenses

    For salaries of the chief judge, judges, and other officers and 
employees, and for necessary expenses of the court, as authorized by 
law, $20,624,000.

               United States Court of International Trade

                         salaries and expenses

    For salaries of the chief judge and eight judges, salaries of the 
officers and employees of the court, services, and necessary expenses 
of the court, as authorized by law, $14,060,000.

    Courts of Appeals, District Courts, and Other Judicial Services

                         salaries and expenses

    For the salaries of circuit and district judges (including judges 
of the territorial courts of the United States), justices and judges 
retired from office or from regular active service, judges of the 
United States Court of Federal Claims, bankruptcy judges, magistrate 
judges, and all other officers and employees of the Federal Judiciary 
not otherwise specifically provided for, and necessary expenses of the 
courts, as authorized by law, $4,131,487,000 (including the purchase of 
firearms and ammunition); of which not to exceed $27,817,000 shall 
remain available until expended for space alteration projects and for 
furniture and furnishings related to new space alteration and 
construction projects; of which not less than $963,134,000 shall be 
available for Probation and Pretrial Services; of which not to exceed 
$2,800,000 shall be available for a national probation and pretrial 
services training program; of which $1,300,000 of the funds provided 
for the Judiciary Information Technology Fund will be for the Edwin L. 
Nelson Local Initiatives Program, within which $1,000,000 will be 
reserved for local court grants.
    In addition, for expenses of the United States Court of Federal 
Claims associated with processing cases under the National Childhood 
Vaccine Injury Act of 1986, not to exceed $3,159,000, to be 
appropriated from the Vaccine Injury Compensation Trust Fund.

                           defender services

    For the operation of Federal Defender organizations; the 
compensation and reimbursement of expenses of attorneys appointed to 
represent persons under the Criminal Justice Act of 1964, as amended 
(18 U.S.C. 3006A); the compensation and reimbursement of expenses of 
persons furnishing investigative, expert and other services under the 
Criminal Justice Act of 1964 (18 U.S.C. 3006A(e)); the compensation (in 
accordance with Criminal Justice Act maximums) and reimbursement of 
expenses of attorneys appointed to assist the court in criminal cases 
where the defendant has waived representation by counsel; the 
compensation and reimbursement of travel expenses of guardians ad litem 
acting on behalf of financially eligible minor or incompetent offenders 
in connection with transfers from the United States to foreign 
countries with which the United States has a treaty for the execution 
of penal sentences; the compensation of attorneys appointed to 
represent jurors in civil actions for the protection of their 
employment, as authorized by 28 U.S.C. 1875(d); and for necessary 
training and general administrative expenses, $648,116,000, to remain 
available until expended, as authorized by 18 U.S.C. 3006A(i).

                    fees of jurors and commissioners

    For fees and expenses of jurors as authorized by 28 U.S.C. 1871 and 
1876; compensation of jury commissioners as authorized by 28 U.S.C. 
1863; and compensation of commissioners appointed in condemnation cases 
pursuant to rule 71A(h) of the Federal Rules of Civil Procedure (28 
U.S.C. Appendix Rule 71A(h)), $62,800,000, to remain available until 
expended: Provided, That the compensation of land commissioners shall 
not exceed the daily equivalent of the highest rate payable under 
section 5332 of title 5, United States Code.

                             court security

    For necessary expenses, not otherwise provided for, incident to 
providing protective guard services for United States courthouses and 
other facilities housing Federal court operations, and the procurement, 
installation, and maintenance of security equipment for United States 
courthouses and other facilities housing Federal court operations, 
including building ingress-egress control, inspection of mail and 
packages, directed security patrols, perimeter security, basic security 
services provided by the Department of Homeland Security, and other 
similar activities as authorized by section 1010 of the Judicial 
Improvement and Access to Justice Act (Public Law 100-702), 
$274,653,000, of which not to exceed $10,000,000 shall remain available 
until expended, to be expended directly or transferred to the United 
States Marshals Service, which shall be responsible for administering 
the Judicial Facility Security Program consistent with standards or 
guidelines agreed to by the Director of the Administrative Office of 
the United States Courts and the Attorney General.

           Administrative Office of the United States Courts

                         salaries and expenses

    For necessary expenses of the Administrative Office of the United 
States Courts as authorized by law, including travel as authorized by 
31 U.S.C. 1345, hire of a passenger motor vehicle as authorized by 31 
U.S.C. 1343(b), advertising and rent in the District of Columbia and 
elsewhere, $67,249,000, of which not to exceed $8,500 is authorized for 
official reception and representation expenses.

                        Federal Judicial Center

                         salaries and expenses

    For necessary expenses of the Federal Judicial Center, as 
authorized by Public Law 90-219, $21,670,000; of which $1,800,000 shall 
remain available through September 30, 2006, to provide education and 
training to Federal court personnel; and of which not to exceed $1,500 
is authorized for official reception and representation expenses.

                       Judicial Retirement Funds

                    payment to judiciary trust funds

    For payment to the Judicial Officers' Retirement Fund, as 
authorized by 28 U.S.C. 377(o), $32,000,000; to the Judicial Survivors' 
Annuities Fund, as authorized by 28 U.S.C. 376(c), $2,000,000; and to 
the United States Court of Federal Claims Judges' Retirement Fund, as 
authorized by 28 U.S.C. 178(l), $2,700,000.

                  United States Sentencing Commission

                         salaries and expenses

    For the salaries and expenses necessary to carry out the provisions 
of chapter 58 of title 28, United States Code, $12,404,000, of which 
not to exceed $1,000 is authorized for official reception and 
representation expenses.

                   General Provisions--The Judiciary

    Sec. 301. Appropriations and authorizations made in this title 
which are available for salaries and expenses shall be available for 
services as authorized by 5 U.S.C. 3109.
    Sec. 302. Not to exceed 5 percent of any appropriation made 
available for the current fiscal year for the Judiciary in this Act may 
be transferred between such appropriations, but no such appropriation, 
except ``Courts of Appeals, District Courts, and Other Judicial 
Services, Defender Services'' and ``Courts of Appeals, District Courts, 
and Other Judicial Services, Fees of Jurors and Commissioners'', shall 
be increased by more than 10 percent by any such transfers: Provided, 
That any transfer pursuant to this section shall be treated as a 
reprogramming of funds under section 605 of this Act and shall not be 
available for obligation or expenditure except in compliance with the 
procedures set forth in that section.
    Sec. 303. Notwithstanding any other provision of law, the salaries 
and expenses appropriation for Courts of Appeals, District Courts, and 
Other Judicial Services shall be available for official reception and 
representation expenses of the Judicial Conference of the United 
States: Provided, That such available funds shall not exceed $11,000 
and shall be administered by the Director of the Administrative Office 
of the United States Courts in the capacity as Secretary of the 
Judicial Conference.
    Sec. 304. (a) Section 3006A(d)(2) of title 18, United States Code, 
is amended--
            (1) by striking ``5,200'' and inserting ``7,000'';
            (2) by striking ``1,500'' and inserting ``2,000'';
            (3) by striking ``3,700'' and inserting ``5,000'';
            (4) by striking ``1,200'' each place it appears and 
        inserting ``1,500''; and
            (5) by striking ``3,900'' and inserting ``5,000''.
    (b) Section 3006A(e) of title 18, United States Code is amended--
            (1) in paragraph (2)--
                    (A) in subparagraph (A), by striking ``300'' and 
                inserting ``500''; and
                    (B) in subparagraph (B), by striking ``300'' and 
                inserting ``500''; and
            (2) in paragraph (3) in the first sentence by striking 
        ``1,000'' and inserting ``1,600''.
    Sec. 305. Hereafter, within 45 days of enactment of this Act, and 
subsequent Judiciary Appropriations Acts, the Administrative Office of 
the U.S. Courts shall submit to the Committees on Appropriations a 
comprehensive financial plan for the Judiciary allocating all sources 
of available funds including appropriations, fee collections, and 
carryover balances, to include a separate and detailed plan for the 
Judiciary Information Technology fund.
    Sec. 306. Within 30 days of enactment of this Act, the 
Administrative Office of the U.S. Courts shall report to the Committee 
on Appropriations the financial status of the Edwin L. Nelson Local 
Initiatives Program. This report will include, at a minimum, a list of 
all courts that have received grants to date, the purpose of the grant, 
and the amount provided. Hereafter, the Administrative Office shall 
submit this report on a quarterly basis.
    Sec. 307. Pursuant to section 140 of Public Law 97-92, and from 
funds appropriated in this Act, Justices and judges of the United 
States are authorized during fiscal year 2005, to receive a salary 
adjustment in accordance with 28 U.S.C. 461.
    This title may be cited as the ``Judiciary Appropriations Act, 
2005''.

            TITLE IV--DEPARTMENT OF STATE AND RELATED AGENCY

                          DEPARTMENT OF STATE

                   Administration of Foreign Affairs

                    diplomatic and consular programs

                     (including transfer of funds)

    For necessary expenses of the Department of State and the Foreign 
Service not otherwise provided for, including employment, without 
regard to civil service and classification laws, of persons on a 
temporary basis (not to exceed $700,000 of this appropriation), as 
authorized by section 801 of the United States Information and 
Educational Exchange Act of 1948; representation to certain 
international organizations in which the United States participates 
pursuant to treaties ratified pursuant to the advice and consent of the 
Senate or specific Acts of Congress; arms control, nonproliferation and 
disarmament activities as authorized; acquisition by exchange or 
purchase of passenger motor vehicles as authorized by law; and for 
expenses of general administration, $3,493,053,000, of which not to 
exceed $4,000,000 may be transferred to, and merged with, funds in the 
``Emergencies in the Diplomatic and Consular Service'' appropriations 
account, to be available only for emergency evacuations and terrorism 
rewards: Provided, That not to exceed 69 permanent positions and 
$7,311,000 shall be expended for the Bureau of Legislative Affairs: 
Provided further, That none of the funds made available under this 
heading may be used to transfer any full time equivalent employees into 
or out of the Bureau of Legislative Affairs: Provided further, That 
funds appropriated under this heading shall be made available for 
programs and activities in the amounts contained in the table 
accompanying the statement accompanying this Act: Provided further, 
That none of the funds appropriated under this heading may be 
transferred between subheadings provided for in the table accompanying 
the report accompanying this Act: Provided further, That, 
notwithstanding the previous two provisos, any shoftfall in fee revenue 
resulting from a decrease in the number of visa applications to the 
United States shall be offset by a direct transfer of funds equal to 
the amount of the shortfall from the Diplomatic and Consular Programs 
account to an account which shall be used exclusively to fund the 
consular activities of the Department of State: Provided further, That, 
of the amount made available under this heading for the Bureau of East 
Asian and Pacific Affairs, $2,000,000 shall be available for a grant to 
conduct an international conference on the human rights situation in 
North Korea: Provided further, That of the amount made available under 
this heading, $1,500,000 shall be transferred to, and merged with, the 
appropriation for ``Drug Enforcement Administration, Salaries and 
Expenses'' for international counter-narcotics training provided by the 
Drug Enforcement Administration to, or on behalf of, the Bureau of 
International Narcotics and Law Enforcement Affairs: Provided further, 
That the Intellectual Property Division shall be elevated to office-
level status and shall be renamed the Office of International 
Intellectual Property Enforcement within 40 days of enactment of this 
Act: Provided further, That amounts made available to ``Diplomatic and 
Consular Programs'', Department of State, pursuant to a provision under 
the heading ``National Intellectual Property Law Enforcement 
Coordination Council'' are for salaries and expenses and related costs 
of the Office of International Intellectual Property Enforcement: 
Provided further, That the Secretary of State shall close the United 
States Consulate General located in Rio de Janeiro, Brazil, and 
consolidate the operations of such Consulate General with the 
operations of the United States Consulate General located in Sao Paolo, 
Brazil.
    Beginning in fiscal year 2005 and thereafter, the Secretary of 
State is authorized to charge surcharges related to consular services 
in support of enhanced border security that are in addition to the 
passport and immigrant visa fees in effect on January 1, 2004: 
Provided, That funds collected pursuant to this authority shall be 
credited to this account, and shall be available until expended for the 
purposes of such account: Provided further, That such surcharges shall 
be $10 on passport fees, and $45 on immigrant visa fees.
    In addition, not to exceed $1,426,000 shall be derived from fees 
collected from other executive agencies for lease or use of facilities 
located at the International Center in accordance with section 4 of the 
International Center Act; in addition, as authorized by section 5 of 
such Act, $490,000, to be derived from the reserve authorized by that 
section, to be used for the purposes set out in that section; in 
addition, as authorized by section 810 of the United States Information 
and Educational Exchange Act, not to exceed $6,000,000, to remain 
available until expended, may be credited to this appropriation from 
fees or other payments received from English teaching, library, motion 
pictures, and publication programs and from fees from educational 
advising and counseling and exchange visitor programs; and, in 
addition, not to exceed $15,000, which shall be derived from 
reimbursements, surcharges, and fees for use of Blair House facilities.
    In addition, for the costs of worldwide security upgrades, 
$658,702,000, to remain available until expended: Provided, That of the 
amounts made available under this paragraph, $23,046,000 is for the 
Center for Antiterrorism and Security Training.

                        capital investment fund

    For necessary expenses of the Capital Investment Fund, $52,149,000, 
to remain available until expended, as authorized: Provided, That 
section 135(e) of Public Law 103-236 shall not apply to funds available 
under this heading.

        centralized information technology modernization program

    For expenses relating to the modernization of the information 
technology systems and networks of the Department of State, 
$102,951,000, to remain available until expended.

                      office of inspector general

    For necessary expenses of the Office of Inspector General, 
$31,435,000: Provided, That the requirements of section 209(a)(1) of 
the Foreign Service Act of 1980 (Public Law 96-465) to inspect and 
audit Foreign Service posts are waived during fiscal year 2005: 
Provided further, That, notwithstanding any other provision of law, no 
amount made available under the Emergency Supplemental Appropriations 
Act for Defense and for the Reconstruction of Iraq and Afghanistan, 
2004 (Public Law 108-106; 117 Stat. 1209) may be made available to the 
Office of Inspector General: Provided further, That the number of 
employees in the Office of Inspector General shall not exceed the 
equivalent of 314 full-time employees.

               educational and cultural exchange programs

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

                       representation allowances

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

              protection of foreign missions and officials

    For expenses, not otherwise provided, to enable the Secretary of 
State to provide for extraordinary protective services, as authorized, 
$5,000,000, to remain available until September 30, 2006.

            embassy security, construction, and maintenance

    For necessary expenses for carrying out the Foreign Service 
Buildings Act of 1926 (22 U.S.C. 292-303), preserving, maintaining, 
repairing, and planning for buildings that are owned or directly leased 
by the Department of State, renovating, in addition to funds otherwise 
available, the Harry S Truman Building, and carrying out the Diplomatic 
Security Construction Program as authorized, $509,728,000, to remain 
available until expended, of which not to exceed $25,000 may be used 
for domestic and overseas representation: Provided, That none of the 
funds appropriated in this paragraph shall be available for acquisition 
of furniture, furnishings, or generators for other departments and 
agencies.
    In addition, for the costs of worldwide security upgrades, 
acquisition, and construction as authorized, $867,030,000, to remain 
available until expended: Provided, That no project to construct a 
diplomatic facility of the United States may include office space or 
other accommodations for any individual that is not an employee of a 
department or agency of the United States: Provided further, That none 
of the funds made available under this heading may be used to 
construct, lease, or refurbish a building for use by the United States 
Agency for International Development if such Agency has not provided to 
the Department of State the full amount of funding required by 
subsection (e) of section 604 of the Secure Embassy Construction and 
Counterterrorism Act of 1999 (as enacted into law by section 1000(a)(7) 
of Public Law 106-113 and contained in appendix G of that Act; 113 
Stat. 1501A-453), as added by section 410 of this Act.

           emergencies in the diplomatic and consular service

    For expenses necessary to enable the Secretary of State to meet 
unforeseen emergencies arising in the Diplomatic and Consular Service, 
$1,000, to remain available until expended as authorized, and of total 
unobligated balances available in this account not to exceed $1,000,000 
may be transferred to and merged with the Repatriation Loans Program 
Account, subject to the same terms and conditions: Provided, That funds 
previously appropriated under this heading for rewards for an indictee 
of the Special Court for Sierra Leone shall be transferred to the 
Special Court for Sierra Leone within 15 days of enactment of this Act: 
Provided further, That any transfer of funds provided under this 
heading shall be treated as a reprogramming of funds under section 605 
of this Act.

                   repatriation loans program account

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

              payment to the american institute in taiwan

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

     payment to the foreign service retirement and disability fund

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

              International Organizations and Conferences

              contributions to international organizations

    For expenses, not otherwise provided for, necessary to meet annual 
obligations of membership in international multilateral organizations, 
pursuant to treaties ratified pursuant to the advice and consent of the 
Senate, conventions or specific Acts of Congress, $1,020,830,000, of 
which up to $6,000,000 may be used for the cost of a direct loan to the 
United Nations for the cost of renovating its headquarters in New York: 
Provided, That such costs, including the cost of modifying such loan, 
shall be as defined in section 502 of the Congressional Budget Act of 
1974: Provided further, That these funds are available to subsidize 
total loan principal of up to $1,200,000,000: Provided further, That, 
if the United Nations decides not to accept a loan from the United 
States for the cost of renovating its headquarters in New York, then 
the amount made available for the cost of a direct loan to the United 
Nations under this heading shall be made available to the United 
Nations Education, Scientific and Cultural Organization (UNESCO): 
Provided further, That the Secretary of State shall, at the time of the 
submission of the President's budget to Congress under section 1105(a) 
of title 31, United States Code, transmit to the Committees on 
Appropriations of the Senate and of the House of Representatives the 
most recent biennial budget prepared by the United Nations for the 
operations of the United Nations: Provided further, That the Secretary 
of State shall notify the Committees on Appropriations at least 15 days 
in advance (or in an emergency, as far in advance as is practicable) of 
any United Nations action to increase funding for any United Nations 
program without identifying an offsetting decrease elsewhere in the 
United Nations budget and cause the United Nations to exceed the 
adopted budget for the biennium 2004-2005 of $3,160,860,000: Provided 
further, That any payment of arrearages under this title shall be 
directed toward special activities that are mutually agreed upon by the 
United States and the respective international organization: Provided 
further, That none of the funds appropriated in this paragraph shall be 
available for a United States contribution to an international 
organization for the United States share of interest costs made known 
to the United States Government by such organization for loans incurred 
on or after October 1, 1984, through external borrowings: Provided 
further, That funds appropriated under this paragraph may be obligated 
and expended to pay the full United States assessment to the civil 
budget of the North Atlantic Treaty Organization, except that such 
restriction shall not apply to loans to the United Nations for 
renovation of its headquarters.

        contributions for international peacekeeping activities

    For necessary expenses to pay assessed and other expenses of 
international peacekeeping activities directed to the maintenance or 
restoration of international peace and security, $574,000,000, of which 
10 percent shall remain available until September 30, 2006: Provided, 
That none of the funds made available under this Act shall be obligated 
or expended for any new or expanded United Nations peacekeeping mission 
unless, at least 15 days in advance of voting for the new or expanded 
mission in the United Nations Security Council (or in an emergency as 
far in advance as is practicable): (1) the Committees on Appropriations 
of the House of Representatives and the Senate and other appropriate 
committees of the Congress are notified of the estimated cost and 
length of the mission, the vital national interest that will be served, 
and the planned exit strategy; and (2) a reprogramming of funds 
pursuant to section 605 of this Act is submitted, and the procedures 
therein followed, setting forth the source of funds that will be used 
to pay for the cost of the new or expanded mission: Provided further, 
That funds shall be available for peacekeeping expenses only upon a 
certification by the Secretary of State to the appropriate committees 
of the Congress that American manufacturers and suppliers are being 
given opportunities to provide equipment, services, and material for 
United Nations peacekeeping activities equal to those being given to 
foreign manufacturers and suppliers: Provided further, That none of the 
funds made available under this heading are available to pay the United 
States share of the cost of court monitoring that is part of any United 
Nations peacekeeping mission.

                       International Commissions

    For necessary expenses, not otherwise provided for, to meet 
obligations of the United States arising under treaties, or specific 
Acts of Congress, as follows:

 international boundary and water commission, united states and mexico

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

                         salaries and expenses

    For salaries and expenses, not otherwise provided for, $27,689,000.

                              construction

    For detailed plan preparation and construction of authorized 
projects, $6,146,000, to remain available until expended, as 
authorized.

              american sections, international commissions

    For necessary expenses, not otherwise provided, for the 
International Joint Commission and the International Boundary 
Commission, United States and Canada, as authorized by treaties between 
the United States and Canada or Great Britain, and for the Border 
Environment Cooperation Commission as authorized by Public Law 103-182, 
$10,546,000, of which not to exceed $9,000 shall be available for 
representation expenses incurred by the International Joint Commission.

                  international fisheries commissions

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

                                 Other

               center for middle eastern-western dialogue

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

                 eisenhower exchange fellowship program

    For necessary expenses of Eisenhower Exchange Fellowships, 
Incorporated, as authorized by sections 4 and 5 of the Eisenhower 
Exchange Fellowship Act of 1990 (20 U.S.C. 5204-5205), all interest and 
earnings accruing to the Eisenhower Exchange Fellowship Program Trust 
Fund on or before September 30, 2005, to remain available until 
expended: Provided, That none of the funds appropriated herein shall be 
used to pay any salary or other compensation, or to enter into any 
contract providing for the payment thereof, in excess of the rate 
authorized by 5 U.S.C. 5376; or for purposes which are not in 
accordance with OMB Circulars A-110 (Uniform Administrative 
Requirements) and A-122 (Cost Principles for Non-profit Organizations), 
including the restrictions on compensation for personal services.

                    israeli arab scholarship program

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

                            east-west center

    To enable the Secretary of State to provide for carrying out the 
provisions of the Center for Cultural and Technical Interchange Between 
East and West Act of 1960, by grant to the Center for Cultural and 
Technical Interchange Between East and West in the State of Hawaii, 
$19,500,000: Provided, That none of the funds appropriated herein shall 
be used to pay any salary, or enter into any contract providing for the 
payment thereof, in excess of the rate authorized by 5 U.S.C. 5376: 
Provided further, That, notwithstanding any other provision of law, the 
funds appropriated to the East-West Center appropriation in Public Law 
108-7 may be obligated and expended notwithstanding section 15 of the 
State Department Basic Authorities Act of 1956, as amended.

                    national endowment for democracy

    For grants made by the Department of State to the National 
Endowment for Democracy as authorized by the National Endowment for 
Democracy Act, $50,000,000, to remain available until expended: 
Provided, That notwithstanding any other provision of law, of the funds 
appropriated for the National Endowment for Democracy, not less than 
$10,000,000 shall be made available to the American Center for 
International Labor Solidarity, the Center for International Private 
Enterprise, the International Republican Institute, and the National 
Democratic Institute for International Affairs for the purpose of 
expanding the programs carried out in the Middle East by such entities: 
Provided further, That not later than 60 days after the date of 
enactment of this Act, the National Endowment for Democracy shall 
submit to the Committee on Appropriations of the Senate and the 
Committee on Appropriations of the House of Representatives a financial 
plan for the expenditure of the amounts appropriated to the Endowment 
in this Act: Provided further, That such plan shall include a 
description of how such funds will be used to carry out the purposes of 
the Endowment set out in section 502 of the National Endowment for 
Democracy Act (22 U.S.C. 4411).

                             RELATED AGENCY

                    Broadcasting Board of Governors

                 international broadcasting operations

    For expenses necessary to enable the Broadcasting Board of 
Governors, as authorized, to carry out international communication 
activities, including the purchase, installation, rent, and improvement 
of facilities for radio and television transmission and reception to 
Cuba, and to make and supervise grants to the Middle East Television 
Network, including Radio Sawa, for radio and television broadcasting to 
the Middle East, $552,240,000, of which $27,629,000 is for Broadcasting 
to Cuba: Provided, That of the total amount in this heading, not to 
exceed $16,000 may be used for official receptions within the United 
States as authorized, not to exceed $35,000 may be used for 
representation abroad as authorized, and not to exceed $39,000 may be 
used for official reception and representation expenses of Radio Free 
Europe/Radio Liberty; and in addition, notwithstanding any other 
provision of law, not to exceed $2,000,000 in receipts from advertising 
and revenue from business ventures, not to exceed $500,000 in receipts 
from cooperating international organizations, and not to exceed 
$1,000,000 in receipts from privatization efforts of the Voice of 
America and the International Broadcasting Bureau, to remain available 
until expended for carrying out authorized purposes: Provided further, 
That within the amounts provided under this heading, $302,000 shall be 
transferred to the Department of State for the Capital Security Cost 
Sharing Program.

                   broadcasting capital improvements

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

       General Provisions--Department of State and Related Agency

    Sec. 401. Funds appropriated under this title shall be available, 
except as otherwise provided, for allowances and differentials as 
authorized by subchapter 59 of title 5, United States Code; for 
services as authorized by 5 U.S.C. 3109; and for hire of passenger 
transportation pursuant to 31 U.S.C. 1343(b).
    Sec. 402. None of the funds made available in this Act may be used 
by the Department of State or the Broadcasting Board of Governors to 
provide equipment, technical support, consulting services, or any other 
form of assistance to the Palestinian Broadcasting Corporation.
    Sec. 403. None of the funds appropriated or otherwise made 
available by this Act or any other Act for fiscal year 2005 or any 
fiscal year thereafter may be obligated or expended for the operation 
of a United States consulate or diplomatic facility in Jerusalem unless 
such consulate or diplomatic facility is under the supervision of the 
United States Ambassador to Israel.
    Sec. 404. None of the funds appropriated or otherwise made 
available by this Act or any other Act for fiscal year 2005 or any 
fiscal year thereafter may be obligated or expended for the publication 
of any official Government document which lists countries and their 
capital cities unless the publication identifies Jerusalem as the 
capital of Israel.
    Sec. 405. For the purposes of registration of birth, certification 
of nationality, or issuance of a passport of a United States citizen 
born in the city of Jerusalem, the Secretary of State shall, upon 
request of the citizen, record the place of birth as Israel.
    Sec. 406. The Secretary of State shall provide to a member of the 
Committee on Appropriations of the Senate or the Committee on 
Appropriations of the House of Representatives a copy of each cable 
sent to or by a Department of State employee that pertains to any topic 
specified by the requesting member, regardless of the level of 
classification of the cable, not later than 15 days after the date on 
which the member makes a written or verbal request for such copies.
    Sec. 407. There is established within the Department of State the 
Office of the Coordinator for Reconstruction and Stabilization: 
Provided, That the head of the Office shall be the Coordinator for 
Reconstruction and Stabilization, who shall report directly to the 
Secretary of State: Provided further, That within amounts made 
available under ``Diplomatic and Consular Programs'', not less than 
$1,000,000 shall be available for the establishment and operations of 
the Office of the Coordinator for Reconstruction and Stabilization.
    Sec. 408. The functions of the Office of the Coordinator for 
Reconstruction and Stabilization shall include--
            (1) cataloguing and monitoring the non-military resources 
        and capabilities of Executive agencies (as that term is defined 
        in section 105 of title 5, United States Code), State and local 
        governments, and entities in the private and non-profit sectors 
        that are available to address crises in countries or regions 
        that are in, or are in transition from, conflict or civil 
        strife;
            (2) monitoring political and economic instability worldwide 
        to anticipate the need for mobilizing United States and 
        international assistance for countries or regions described in 
        paragraph (1);
            (3) assessing crises in countries or regions described in 
        paragraph (1) and determining the appropriate non-military 
        United States, including but not limited to demobilization, 
        policing, human rights monitoring, and public information 
        efforts;
            (4) planning for response efforts under paragraph (3);
            (5) coordinating with relevant Executive agencies the 
        development of interagency contingency plans for such response 
        efforts; and
            (6) coordinating the training of civilian personnel to 
        perform stabilization and reconstruction activities in response 
        to crises in such countries or regions described in paragraph 
        (1).
    Sec. 409. Section 1605 of title 28, United States Code, is amended 
by adding a new subsection (h) as follows:
    ``(h) Notwithstanding any provision of the Algiers Accords, or any 
other international agreement, any United States citizen held hostage 
during the period between 1979 and 1981, and their spouses and children 
at the time, shall have a claim for money damages against a foreign 
state for personal injury that was caused by the foreign state's act of 
torture or hostage taking. Any provision in an international agreement, 
including the Algiers Accords that purports to bar such suit is 
abrogated and such claim or cause of action may be eligible for de novo 
trial. This subsection shall apply retroactively to any cause of action 
accruing on or after November 1, 1979, notwithstanding any statute of 
limitations.''.
    Sec. 410. Section 604 of the Secure Embassy Construction and 
Counterterrorism Act of 1999 (Title VI, Division A of H.R. 3427, 
enacted by sec. 1000(7) of Public Law 106-113), is amended by adding 
the following new subsection at the end:
    ``(e) Capital Security Cost Sharing.--Notwithstanding any other 
provision of law, all agencies with personnel overseas subject to Chief 
of Mission Authority shall participate and provide funding in advance 
for their share of costs, without offsets, on the basis of the total 
overseas presence of each agency as determined annually by the 
Secretary of State in consultation with such agency. Amounts advanced 
by such agencies to the Department of State shall be credited to the 
Embassy Security, Construction and Maintenance account, and remain 
available until expended.''.
    Sec. 411. (a) The Secretary of State shall require each chief of 
mission to review, not less than once every 5 years, every staff 
element under chief of mission authority, including staff from other 
departments or agencies of the United States, and recommend approval or 
disapproval of each staff element. Each such review shall be conducted 
pursuant to a process established by the President for determining 
appropriate staffing at diplomatic missions and overseas constituent 
posts (commonly referred to as the ``NSDD-38 process'').
    (b) The Secretary of State, as part of the process established by 
the President referred to in subsection (a), shall take actions to 
carry out the recommendations made in each such review.
    (c) Not later than one year after the date of enactment of this 
Act, and annually thereafter, the Secretary of State shall submit a 
report on such reviews that occurred during the previous 12 months, 
together with the Secretary's recommendations regarding such reviews to 
the appropriate committees of Congress, the heads of all affected 
departments or agencies, and the Inspector General of the Department of 
State.
    Sec. 412. (a) None of the funds appropriated in this Act or any 
other act making appropriations for the Departments of Commerce, 
Justice, State, the Judiciary, and related agencies may be made 
available to the Organisation for Economic Co-operation and Development 
unless the Secretary of State certifies to the Committee on 
Appropriations of the Senate and the Committee on Appropriations of the 
House of Representatives that such Organisation has not engaged in any 
activity to identify, report on, or penalize any country that 
encourages foreign investment through the adoption of tax incentives.
    (b) Except as provided in subsection (c) none of the funds 
appropriated in this Act or any other act making appropriations for the 
Departments of Commerce, Justice, State, the Judiciary, and related 
agencies may be made available for an international effort to track or 
report on interest or other investment income deposited in a financial 
account in the United States that is held by a person who is not a 
citizen of the United States.
    (c) The restriction in subsection (b) may not apply to funds for an 
international effort described in such subsection if such international 
effort is carried out pursuant to a treaty or other international 
agreement to which the United States is a signatory.
    (d) The restriction in subsection (b) may be waived by the 
President for an international effort described in such subsection if 
the President determines that such waiver is in the national security 
interest of the United States.
    Sec. 413. Funds appropriated by this Act for the Broadcasting Board 
of Governors and the Department of State may be obligated and expended 
notwithstanding section 15 of the State Department Basic Authorities 
Act of 1956, section 313 of the Foreign Relations Authorization Act, 
Fiscal Years 1994 and 1995 (Public Law 103-236), and section 504(a)(1) 
of the National Security Act of 1947 (50 U.S.C. 414(a)(1)).
    Sec. 414. During fiscal year 2005, section 404 of the Foreign 
Relations Authorization Act, Fiscal Years 1994 and 1995 (Public Law 
103-236), subparagraph (B), added by section 402 of Public Law 107-228 
(Fiscal Year 2003 Foreign Relations Authorization Act), shall be 
administered as though that subsection reads as follows:
                            ``(iv) For assessments made during calendar 
                        year 2004, 27.1 percent.
                            ``(v) For assessments made during calendar 
                        year 2005, 27.1 percent.''.
    Sec. 415. (a) Section 402(a) of the Foreign Service Act of 1980 (22 
U.S.C. 3962(a)) is amended--
            (1) in paragraph (1), by striking the second and third 
        sentences and inserting the following new sentences: ``The 
        President shall also prescribe ranges of basic salary rates for 
        each class. Except as provided in paragraph (3), basic salary 
        rates for the Senior Foreign Service may not exceed the maximum 
        rate or be less than the minimum rate of basic pay payable for 
        the Senior Executive Service under section 5382 of title 5, 
        United States Code.''; and
            (2) by striking paragraph (2) and inserting the following 
        new paragraphs:
    ``(2) The Secretary shall determine which basic salary rate within 
the ranges prescribed by the President under paragraph (1) shall be 
paid to each member of the Senior Foreign Service based on individual 
performance, contribution to the mission of the Department, or both, as 
determined under a rigorous performance management system. Except as 
provided in regulations prescribed by the Secretary and, to the extent 
possible, consistent with regulations governing the Senior Executive 
Service, the Secretary may adjust the basic salary rate of a member of 
the Senior Foreign Service not more than once during any 12-month 
period.
    ``(3) Upon a determination by the Secretary that the Senior Foreign 
Service performance appraisal system, as designed and applied, makes 
meaningful distinctions based on relative performance--
            ``(A) the maximum rate of basic pay payable for the Senior 
        Foreign Service shall be level II of the Executive Schedule; 
        and
            ``(B) the applicable aggregate pay cap shall be equivalent 
        to the aggregate pay cap set forth in section 5307(d)(1) of 
        title 5, United States Code, for members of the Senior 
        Executive Service.''.
    (b) Section 405(b)(4) of such Act (22 U.S.C. 3965(b)(4)) is amended 
by inserting before the period the following: ``, or the limitation 
under section 402(a)(3), whichever is higher''.
    (c) Section 401(a) of such Act (22 U.S.C. 3961(a)) is amended by 
striking ``shall not exceed the annual rate of pay payable for level I 
of such Executive Schedule'' and inserting ``shall be subject to the 
limitation on certain payments under section 5307 of title 5, United 
States Code, or the limitation under section 402(a)(3), whichever is 
higher''.
    Sec. 416. Section 224(j) of the Foreign Relations Authorization 
Act, Fiscal Year 2003 (22 U.S.C. 2451 note) is amended by striking 
``2005'' and inserting ``2007''.
    Sec. 417. (a) Subsection (c) of section 591 of the Foreign 
Operations, Export Financing, and Related Programs Appropriations Act, 
2004 (division D of Public Law 108-199) is repealed.
    (b) Section 5925(a) of title 5, United States Code, is amended by 
striking ``25 percent of the rate of basic pay or, in the case of an 
employee of the United States Agency for International Development,''.
    (c) Section 5928 of title 5, United States Code, is amended by 
striking ``25 percent of the basic pay of the employee or 35 percent of 
the basic pay of the employee in the case of an employee of the United 
States Agency for International Development'' both places that it 
appears and inserting ``35 percent of the basic pay of the employee''.
    Sec. 418. Section 2311(b)(1) of the Foreign Relations Authorization 
Act, Fiscal Years 1998 and 1999 (22 U.S.C. 4010 note) is amended--
            (1) by striking ``Not later than 90 days after the date of 
        enactment of this Act, the'' and inserting ``The'';
            (2) by striking ``5 percent'' and inserting ``2 percent''; 
        and
            (3) by striking ``for 2 or more of the 5 years preceding 
        the date of enactment of this Act'' and inserting ``at least 
        twice in any 5-year period''.
    Sec. 419. (a) Section 2 of the State Department Basic Authorities 
Act of 1956 (22 U.S.C. 2669) is amended by adding at the end the 
following:
            ``(o) make administrative corrections or adjustments to an 
        employee's pay, allowances, or differentials, resulting from 
        mistakes or retroactive personnel actions, as well as provide 
        back pay and other categories of payments under section 5596 of 
        title 5, United States Code, as part of the settlement or 
        compromise of administrative claims or grievances filed against 
        the Department.''.
    (b) Such section is further amended--
            (1) in subsection (k), by striking ``and'';
            (2) by transferring subsection (m) within such section to 
        appear after subsection (l);
            (3) in subsections (l) and (m), by striking the period at 
        the end of each subsection and inserting a semicolon; and
            (4) in subsection (n), by striking the period at the end 
        and inserting a semicolon and ``and''.
    Sec. 420. Section 321(f) of the Foreign Relations Authorization 
Act, Fiscal Year 2003 (5 U.S.C. 8411 note; Public Law 107-228) is 
amended by striking ``regulations'' and inserting ``regulations, not 
later than 60 days after the date of the enactment of this Act''.
    This title may be cited as the ``Department of State and Related 
Agency Appropriations Act, 2005''.

                       TITLE V--RELATED AGENCIES

      Commission for the Preservation of America's Heritage Abroad

                         salaries and expenses

    For expenses for the Commission for the Preservation of America's 
Heritage Abroad, $491,000, as authorized by section 1303 of Public Law 
99-83.

                       Commission on Civil Rights

                         salaries and expenses

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

            Commission on Security and Cooperation in Europe

                         salaries and expenses

    For necessary expenses of the Commission on Security and 
Cooperation in Europe, as authorized by Public Law 94-304, $1,598,000, 
to remain available until expended as authorized by section 3 of Public 
Law 99-7.

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

                         salaries and expenses

    For necessary expenses of the Congressional-Executive Commission on 
the People's Republic of China, as authorized, $1,781,000, including 
not more than $3,000 for the purpose of official representation, to 
remain available until expended.

                Equal Employment Opportunity Commission

                         salaries and expenses

    For necessary expenses of the Equal Employment Opportunity 
Commission as authorized by title VII of the Civil Rights Act of 1964 
(29 U.S.C. 206(d) and 621-634), the Americans with Disabilities Act of 
1990, and the Civil Rights Act of 1991, including services as 
authorized by 5 U.S.C. 3109; hire of passenger motor vehicles as 
authorized by 31 U.S.C. 1343(b); non-monetary awards to private 
citizens; and not to exceed $33,000,000 for payments to State and local 
enforcement agencies for services to the Commission pursuant to title 
VII of the Civil Rights Act of 1964, sections 6 and 14 of the Age 
Discrimination in Employment Act, the Americans with Disabilities Act 
of 1990, and the Civil Rights Act of 1991, $327,511,000: Provided, That 
the Commission is authorized to make available for official reception 
and representation expenses not to exceed $2,500 from available funds.

                   Federal Communications Commission

                         salaries and expenses

    For necessary expenses of the Federal Communications Commission, as 
authorized by law, including uniforms and allowances therefor, as 
authorized by 5 U.S.C. 5901-5902; not to exceed $600,000 for land and 
structure; not to exceed $500,000 for improvement and care of grounds 
and repair to buildings; not to exceed $4,000 for official reception 
and representation expenses; purchase and hire of motor vehicles; 
special counsel fees; and services as authorized by 5 U.S.C. 3109, 
$282,346,000: Provided, That $281,346,000 of offsetting collections 
shall be assessed and collected pursuant to section 9 of title I of the 
Communications Act of 1934, shall be retained and used for necessary 
expenses in this appropriation, and shall remain available until 
expended: Provided further, That the sum herein appropriated shall be 
reduced as such offsetting collections are received during fiscal year 
2005 so as to result in a final fiscal year 2005 appropriation 
estimated at $1,000,000: Provided further, That any offsetting 
collections received in excess of $281,346,000 in fiscal year 2005 
shall remain available until expended, but shall not be available for 
obligation until October 1, 2005: Provided further, That 
notwithstanding 47 U.S.C. 309(j)(8)(B), proceeds from the use of a 
competitive bidding system that may be retained and made available for 
obligation shall not exceed $85,000,000 for fiscal year 2005.

                        Federal Trade Commission

                         salaries and expenses

    For necessary expenses of the Federal Trade Commission, including 
uniforms or allowances therefor, as authorized by 5 U.S.C. 5901-5902; 
services as authorized by 5 U.S.C. 3109; hire of passenger motor 
vehicles; and not to exceed $2,000 for official reception and 
representation expenses, $207,730,000, to remain available until 
expended: Provided, That not to exceed $300,000 shall be available for 
use to contract with a person or persons for collection services in 
accordance with the terms of 31 U.S.C. 3718: Provided further, That, 
notwithstanding any other provision of law, not to exceed $101,000,000 
of offsetting collections derived from fees collected for premerger 
notification filings under the Hart-Scott-Rodino Antitrust Improvements 
Act of 1976 (15 U.S.C. 18a), regardless of the year of collection, 
shall be retained and used for necessary expenses in this 
appropriation: Provided further, That $20,000,000 in offsetting 
collections derived from fees sufficient to implement and enforce the 
Telemarketing Sales Rule, promulgated under the Telephone Consumer 
Fraud and Abuse Prevention Act (15 U.S.C. 6101 et seq.), shall be 
credited to this account, and be retained and used for necessary 
expenses in this appropriation: Provided further, That the sum herein 
appropriated from the general fund shall be reduced as such offsetting 
collections are received during fiscal year 2005, so as to result in a 
final fiscal year 2005 appropriation from the general fund estimated at 
not more than $86,730,000: Provided further, That none of the funds 
made available to the Federal Trade Commission may be used to enforce 
subsection (e) of section 43 of the Federal Deposit Insurance Act (12 
U.S.C. 1831t) or section 151(b)(2) of the Federal Deposit Insurance 
Corporation Improvement Act of 1991 (12 U.S.C. 1831t note).

                       Legal Services Corporation

               payment to the legal services corporation

    For payment to the Legal Services Corporation to carry out the 
purposes of the Legal Services Corporation Act of 1974, $335,000,000, 
of which $312,251,000 is for basic field programs and required 
independent audits; $2,600,000 is for the Office of Inspector General, 
of which such amounts as may be necessary may be used to conduct 
additional audits of recipients; $13,900,000 is for management and 
administration; $3,400,000 is for client self-help and information 
technology; and $2,849,000 is for grants to offset losses due to census 
adjustments.

          administrative provision--legal services corporation

    None of the funds appropriated in this Act to the Legal Services 
Corporation shall be expended for any purpose prohibited or limited by, 
or contrary to any of the provisions of, sections 501, 502, 503, 504, 
505, and 506 of Public Law 105-119, and all funds appropriated in this 
Act to the Legal Services Corporation shall be subject to the same 
terms and conditions set forth in such sections, except that all 
references in sections 502 and 503 to 1997 and 1998 shall be deemed to 
refer instead to 2004 and 2005, respectively, and except that section 
501(a)(1) of Public Law 104-134 (110 Stat. 1321-51, et seq.) shall not 
apply to the use of the $3,131,000 to address loss of funding due to 
Census-based reallocations.

                        Marine Mammal Commission

                         salaries and expenses

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

           National Veterans Business Development Corporation

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

                   Securities and Exchange Commission

                         salaries and expenses

    For necessary expenses for the Securities and Exchange Commission, 
including services as authorized by 5 U.S.C. 3109, the rental of space 
(to include multiple year leases) in the District of Columbia and 
elsewhere, and not to exceed $3,000 for official reception and 
representation expenses, $913,000,000; of which not to exceed $13,000 
may be used toward funding a permanent secretariat for the 
International Organization of Securities Commissions; and of which not 
to exceed $100,000 shall be available for expenses for consultations 
and meetings hosted by the Commission with foreign governmental and 
other regulatory officials, members of their delegations, appropriate 
representatives and staff to exchange views concerning developments 
relating to securities matters, development and implementation of 
cooperation agreements concerning securities matters and provision of 
technical assistance for the development of foreign securities markets, 
such expenses to include necessary logistic and administrative expenses 
and the expenses of Commission staff and foreign invitees in attendance 
at such consultations and meetings including: (1) such incidental 
expenses as meals taken in the course of such attendance; (2) any 
travel and transportation to or from such meetings; and (3) any other 
related lodging or subsistence: Provided, That fees and charges 
authorized by sections 6(b) of the Securities Exchange Act of 1933 (15 
U.S.C. 77f(b)), and 13(e), 14(g) and 31 of the Securities Exchange Act 
of 1934 (15 U.S.C. 78m(e), 78n(g), and 78ee), shall be credited to this 
account as offsetting collections: Provided further, That not to exceed 
$913,000,000 of such offsetting collections shall be available until 
expended for necessary expenses of this account: Provided further, That 
$20,000,000 shall be derived from prior year unobligated balances from 
funds previously appropriated to the Securities and Exchange 
Commission: Provided further, That the total amount appropriated under 
this heading from the general fund for fiscal year 2005 shall be 
reduced as such offsetting fees are received so as to result in a final 
total fiscal year 2005 appropriation from the general fund estimated at 
not more than $0.
    Not later than April 14, 2005, the Securities and Exchange 
Commission shall submit a report to the Committee on Appropriations of 
the Senate and the Committee on Appropriations of the House of 
Representatives that provides a justification for final rules issued by 
the Commission on June 30, 2004 (amending title 17, Code of Federal 
Regulations, Parts 239, 240, and 274), requiring that the chair of the 
board of directors of a mutual fund be an independent director: 
Provided, That such report shall analyze whether mutual funds chaired 
by disinterested directors perform better, have lower expenses, or have 
better compliance records than mutual funds chaired by interested 
directors: Provided further, That the Securities and Exchange 
Commission shall act upon the recommendations of such report not later 
than January 1, 2006.

                     Small Business Administration

                         salaries and expenses

    For necessary expenses, not otherwise provided for, of the Small 
Business Administration as authorized by Public Law 106-554, including 
hire of passenger motor vehicles as authorized by 31 U.S.C. 1343 and 
1344, and not to exceed $3,500 for official reception and 
representation expenses, $357,684,000: Provided, That the Administrator 
is authorized to charge fees to cover the cost of publications 
developed by the Small Business Administration, and certain loan 
servicing activities: Provided further, That, notwithstanding 31 U.S.C. 
3302, revenues received from all such activities shall be credited to 
this account, to be available for carrying out these purposes without 
further appropriations: Provided further, That $88,000,000 shall be 
available to fund grants for performance in fiscal year 2005 or fiscal 
year 2006 as authorized: Provided further, That the Small Business 
Administration is authorized to award grants under the Women's Business 
Center Sustainability Pilot Program established by section 4(a) of 
Public Law 106-165 (15 U.S.C. 656(l)): Provided further, That, of the 
funds provided in the Consolidated Appropriations Act, 2004, Public Law 
108-199, section 2, division B, title V, 118 Stat. 91 under the heading 
``Small Business Administration Salaries and Expenses'', for necessary 
expenses, $3,675,500 shall remain available until expended for awards 
of Women's Business Centers sustainability grants, as authorized by 
this Act: Provided further, That, of the amounts provided for Women's 
Business Centers, not less than 48 percent shall be available to 
continue Women's Business Centers in sustainability status.

                      office of inspector general

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

                 surety bond guarantees revolving fund

    For additional capital for the Surety Bond Guarantees Revolving 
Fund, authorized by the Small Business Investment Act, as amended, 
$11,400,000, to remain available until expended.

                     business loans program account

    For the cost of guaranteed loans, $71,910,000, as authorized by 15 
U.S.C. 631 note, of which $45,000,000 shall remain available until 
September 30, 2006: Provided, That such costs, including the cost of 
modifying such loans, shall be as defined in section 502 of the 
Congressional Budget Act of 1974: Provided further, That subject to 
section 502 of the Congressional Budget Act of 1974, during fiscal year 
2005 commitments to guarantee loans under section 503 of the Small 
Business Investment Act of 1958, shall not exceed $5,000,000,000: 
Provided further, That during fiscal year 2005 commitments for general 
business loans authorized under section 7(a) of the Small Business Act, 
shall not exceed $14,500,000,000: Provided further, That during fiscal 
year 2005 commitments to guarantee loans for debentures and 
participating securities under section 303(b) of the Small Business 
Investment Act of 1958, shall not exceed the levels established by 
section 20(i)(1)(C) of the Small Business Act.
    In addition, for administrative expenses to carry out the direct 
and guaranteed loan programs, $129,000,000, which may be transferred to 
and merged with the appropriations for Salaries and Expenses.

                     disaster loans program account

    For the cost of direct loans authorized by section 7(b) of the 
Small Business Act, $65,000,000, to remain available until expended: 
Provided, That such costs, including the cost of modifying such loans, 
shall be as defined in section 502 of the Congressional Budget Act of 
1974.
    In addition, for administrative expenses to carry out the direct 
loan program, $113,909,000, which may be transferred to and merged with 
appropriations for Salaries and Expenses, of which $500,000 is for the 
Office of Inspector General of the Small Business Administration for 
audits and reviews of disaster loans and the disaster loan program and 
shall be transferred to and merged with appropriations for the Office 
of Inspector General; of which $105,409,000 is for direct 
administrative expenses of loan making and servicing to carry out the 
direct loan program; and of which $8,000,000 is for indirect 
administrative expenses and may be transferred to and merged with funds 
in the Salaries and Expenses appropriations account: Provided, That any 
amount in excess of $8,000,000 to be transferred to and merged with 
appropriations for Salaries and Expenses for indirect administrative 
expenses shall be treated as a reprogramming of funds under section 605 
of this Act and shall not be available for obligation or expenditure 
except in compliance with the procedures set forth in that section.

        administrative provision--small business administration

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

                        State Justice Institute

                         salaries and expenses

    For necessary expenses of the State Justice Institute, as 
authorized by the State Justice Institute Authorization Act of 1992 
(Public Law 102-572), $3,000,000: Provided, That not to exceed $2,500 
shall be available for official reception and representation expenses.

      United States-China Economic and Security Review Commission

                         salaries and expenses

    For necessary expenses of the United States-China Economic and 
Security Review Commission, $2,300,000, including not more than $5,000 
for the purpose of official representation, to remain available until 
expended.

          United States Senate-China Interparliamentary Group

                         salaries and expenses

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

                      TITLE VI--GENERAL PROVISIONS

                        (including rescissions)

    Sec. 601. The Departments of Commerce, Justice, and State, the 
Judiciary and the Small Business Administration shall provide to the 
Committees on Appropriations of the Senate and of the House of 
Representatives a quarterly accounting of the cumulative balances of 
any unobligated funds that were made available to any such agency in 
any previous appropriations Act.
    Sec. 602. No part of any appropriation contained in this Act shall 
remain available for obligation beyond the current fiscal year unless 
expressly so provided herein.
    Sec. 603. The expenditure of any appropriation under this Act for 
any consulting service through procurement contract, pursuant to 5 
U.S.C. 3109, shall be limited to those contracts where such 
expenditures are a matter of public record and available for public 
inspection, except where otherwise provided under existing law, or 
under existing Executive order issued pursuant to existing law.
    Sec. 604. If any provision of this Act or the application of such 
provision to any person or circumstances shall be held invalid, the 
remainder of the Act and the application of each provision to persons 
or circumstances other than those as to which it is held invalid shall 
not be affected thereby.
    Sec. 605. (a) None of the funds provided under this Act, or 
provided under previous appropriations Acts to the agencies funded by 
this Act that remain available for obligation or expenditure in fiscal 
year 2005, or provided from any accounts in the Treasury of the United 
States derived by the collection of fees available to the agencies 
funded by this Act, shall be available for obligation or expenditure 
through a reprogramming of funds that: (1) creates new programs; (2) 
eliminates a program, project, or activity; (3) increases funds or 
personnel by any means for any project or activity for which funds have 
been denied or restricted; (4) relocates an office or employees; (5) 
reorganizes or renames offices; (6) reorganizes programs or activities; 
or (7) contracts out or privatizes any functions or activities 
presently performed by Federal employees; unless the Appropriations 
Committees of both Houses of Congress are notified 15 days in advance 
of such reprogramming of funds.
    (b) None of the funds provided under this Act, or provided under 
previous appropriations Acts to the agencies funded by this Act that 
remain available for obligation or expenditure in fiscal year 2005, or 
provided from any accounts in the Treasury of the United States derived 
by the collection of fees available to the agencies funded by this Act, 
shall be available for obligation or expenditure for activities, 
programs, or projects through a reprogramming of funds in excess of 
$1,000,000 or 10 percent, whichever is less, that: (1) augments 
existing programs, projects (including construction projects), or 
activities; (2) reduces by 10 percent funding for any existing program, 
project, or activity, or numbers of personnel by 10 percent as approved 
by Congress; or (3) results from any general savings from a reduction 
in personnel which would result in a change in existing programs, 
activities, or projects as approved by Congress; unless the 
Appropriations Committees of both Houses of Congress are notified 15 
days in advance of such reprogramming of funds: Provided, That 
transfers may not be made from ``Buildings and Facilities, Federal 
Prison System'' to any other Department of Justice account.
    Sec. 606. Hereafter, none of the funds made available in this Act 
or any other Act may be used for the construction, repair (other than 
emergency repair), overhaul, conversion, or modernization of vessels 
for the National Oceanic and Atmospheric Administration in shipyards 
located outside of the United States.
    Sec. 607. If it has been finally determined by a court or Federal 
agency that any person intentionally affixed a label bearing a ``Made 
in America'' inscription, or any inscription with the same meaning, to 
any product sold in or shipped to the United States that is not made in 
the United States, the person shall be ineligible to receive any 
contract or subcontract made with funds made available in this Act, 
pursuant to the debarment, suspension, and ineligibility procedures 
described in sections 9.400 through 9.409 of title 48, Code of Federal 
Regulations.
    Sec. 608. None of the funds appropriated or otherwise made 
available by this Act or any other Act may be used to implement, 
enforce, or otherwise abide by the Memorandum of Agreement signed by 
the Federal Trade Commission and the Antitrust Division of the 
Department of Justice on March 5, 2002.
    Sec. 609. None of the funds made available by this Act may be used 
for any United Nations undertaking when it is made known to the Federal 
official having authority to obligate or expend such funds that: (1) 
the United Nations undertaking is a peacekeeping mission; (2) such 
undertaking will involve United States Armed Forces under the command 
or operational control of a foreign national; and (3) the President's 
military advisors have not submitted to the President a recommendation 
that such involvement is in the national security interests of the 
United States and the President has not submitted to the Congress such 
a recommendation.
    Sec. 610. (a) None of the funds appropriated or otherwise made 
available by this Act shall be expended for any purpose for which 
appropriations are prohibited by section 609 of the Departments of 
Commerce, Justice, and State, the Judiciary, and Related Agencies 
Appropriations Act, 1999.
    (b) The requirements in subparagraphs (A) and (B) of section 609 of 
that Act shall continue to apply during fiscal year 2005.
    Sec. 611. Any costs incurred by a department or agency funded under 
this Act resulting from personnel actions taken in response to funding 
reductions included in this Act shall be absorbed within the total 
budgetary resources available to such department or agency: Provided, 
That the authority to transfer funds between appropriations accounts as 
may be necessary to carry out this section is provided in addition to 
authorities included elsewhere in this Act: Provided further, That use 
of funds to carry out this section shall be treated as a reprogramming 
of funds under section 605 of this Act and shall not be available for 
obligation or expenditure except in compliance with the procedures set 
forth in that section.
    Sec. 612. Of the funds appropriated in this Act under the heading 
``Office of Justice Programs--State and Local Law Enforcement 
Assistance'', not more than 90 percent of the amount to be awarded to 
an entity under the Local Law Enforcement Block Grant shall be made 
available to such an entity when it is made known to the Federal 
official having authority to obligate or expend such funds that the 
entity that employs a public safety officer (as such term is defined in 
section 1204 of title I of the Omnibus Crime Control and Safe Streets 
Act of 1968) does not provide such a public safety officer who retires 
or is separated from service due to injury suffered as the direct and 
proximate result of a personal injury sustained in the line of duty 
while responding to an emergency situation or a hot pursuit (as such 
terms are defined by State law) with the same or better level of health 
insurance benefits at the time of retirement or separation as they 
received while on duty.
    Sec. 613. None of the funds provided by this Act shall be available 
to promote the sale or export of tobacco or tobacco products, or to 
seek the reduction or removal by any foreign country of restrictions on 
the marketing of tobacco or tobacco products, except for restrictions 
which are not applied equally to all tobacco or tobacco products of the 
same type.
    Sec. 614. (a) None of the funds appropriated or otherwise made 
available by this Act shall be expended for any purpose for which 
appropriations are prohibited by section 616 of the Departments of 
Commerce, Justice, and State, the Judiciary, and Related Agencies 
Appropriations Act, 1999.
    (b) The requirements in subsections (b) and (c) of section 616 of 
that Act shall continue to apply during fiscal year 2005.
    Sec. 615. Notwithstanding any other provision of law, amounts 
deposited or available in the Fund established under 42 U.S.C. 10601 in 
any fiscal year in excess of $625,000,000 shall not be available for 
obligation until the following fiscal year.
    Sec. 616. None of the funds appropriated or otherwise made 
available to the Department of State shall be available for the purpose 
of granting either immigrant or nonimmigrant visas, or both, consistent 
with the determination of the Secretary of State under section 243(d) 
of the Immigration and Nationality Act, to citizens, subjects, 
nationals, or residents of countries that the Secretary of Homeland 
Security has determined deny or unreasonably delay accepting the return 
of citizens, subjects, nationals, or residents under that section.
    Sec. 617. Of the amounts made available under the heading ``Small 
Business Administration, Salaries and Expenses'', $1,300,000 shall be 
available for the Adelante Development Center, Inc.; $500,000 shall be 
available for the Advanced Polymer Processing Institute; $150,000 shall 
be available for the Alaska Procurement Technical Assistance Center; 
$1,200,000 shall be available to establish a Small Business Development 
Center in Wrangell, Alaska; $50,000 shall be available for the Badlands 
South Central Enterprise Facilitation; $500,000 shall be available for 
the Benton County Business Enterprise Center; $1,000,000 shall be 
available for Black Hills Central Reservations in Rapid City, South 
Dakota, for tourism promotion; $100,000 shall be available for Black 
Hills Community Economic Development, Inc.; $500,000 shall be available 
for the Center for Applied Research and Economic Development at the 
University of Southern Indiana; $1,000,000 shall be available for the 
Center for Biobased Technology Commercialization; $1,000,000 shall be 
available for the Center for Emerging Technologies; $216,100 shall be 
available for the Center for Entrepreneurship and Technology at the 
Nevada Commission for Economic Development; $200,000 shall be available 
for the Central Connecticut State University Institute of Technology 
and Business Development; $600,000 shall be available for the Des 
Moines Higher Education Pappajohn Center; $600,000 shall be available 
for the East Central Indiana Business Incubator at Ball State 
University; $200,000 shall be available for the Entrepeneurial Venture 
Assistance Demonstration Project at the Iowa Department of Economic 
Development; $300,000 shall be available for the Entrepreneurship 
Academy at Mississippi Valley State University; $100,000 shall be 
available for Genesis of Innovation; $200,000 shall be available for 
the Idaho Virtual Incubator at Lewis-Clark State College for an E-
Commerce Certification program; $1,000,000 shall be available for the 
Industrial Outreach Service at Mississippi State University; $4,500,000 
shall be available for the Innovation and Commercialization Center at 
the University of Southern Mississippi; $300,000 shall be available for 
the Kennebec Valley Council of Governments' Business Development 
Program; $300,000 shall be available for the Knoxville College Small 
Business Incubator Program; $500,000 shall be available for the 
Louisiana State University Law School's Latin American Commercial Law 
Program; $350,000 shall be available for the Manufacturing Process 
Improvement for Shipbuilding Project; $800,000 shall be available for 
the Minority Business Development Center at Alcorn State University; 
$250,000 shall be available for the Mississippi Delta Technology 
Council; $1,000,000 shall be available for the Mississippi Technology 
Alliance; $200,000 shall be available for the Montana Department of 
Commerce for a State government information sharing initiative; 
$1,000,000 shall be available for the Myrtle Beach International Trade 
and Convention Center; $1,000,000 shall be available for the New 
Product Development and Commercialization Center for Rural 
Manufacturers; $1,000,000 shall be available for Operation Safe 
Commerce; $200,000 shall be available for the Rural Information 
Technology Jobs Initiative at Washington State University; $2,000,000 
shall be available for the School of Community Economic Development at 
the University of Southern New Hampshire; $400,000 shall be available 
for the Southern University Foundation's Martin Luther King Initiative; 
$400,000 shall be available for Technology 2020; $1,580,000 shall be 
available for the Technology Venture Center/InvestNet Partnership for 
Alaska and Montana; $800,000 shall be available for the Textile Marking 
System; $500,000 shall be available for the Towson University 
International Business Incubator; $2,000,000 shall be available for the 
Tuck School of Business/MBDA Partnership; $500,000 shall be available 
for the University of Colorado Nanotechnology and Characterization 
Facility; $8,000,000 shall be available for the University of South 
Carolina Thomas Cooper Library; $200,000 shall be available for the 
Women's Business Development Center in Stamford, Connecticut; and 
$300,000 shall be available for the World Trade Center of Greater 
Philadelphia.
    Sec. 618. None of the funds appropriated pursuant to this Act or 
any other provision of law may be used for: (1) the implementation of 
any tax or fee in connection with the implementation of 18 U.S.C. 
922(t); and (2) any system to implement 18 U.S.C. 922(t) that does not 
require and result in the destruction of any identifying information 
submitted by or on behalf of any person who has been determined not to 
be prohibited from owning a firearm.
    Sec. 619. All disaster loans issued in Alaska shall be administered 
by the Small Business Administration and shall not be sold during 
fiscal year 2005.
    Sec. 620. None of the funds made available in this Act may be 
transferred to any department, agency, or instrumentality of the United 
States Government, except pursuant to a transfer made by, or transfer 
authority provided in, this Act or any other appropriations Act.
    Sec. 621. The Secretary of Commerce shall represent the United 
States Government in negotiating and monitoring international 
agreements regarding fisheries, marine mammals, or sea turtles: 
Provided, That the Secretary of Commerce shall be responsible for the 
development and interdepartmental coordination of the policies of the 
United States with respect to the international negotiations and 
agreements referred to in this section.
    Sec. 622. None of the funds made available in this Act may be used 
in violation of section 212(a)(10)(C) of the Immigration and 
Nationality Act.
    Sec. 623. (a) Except as provided in subsection (b), a project to 
construct a diplomatic facility of the United States may not include 
office space or other accommodations for an employee of a department or 
agency of the United States if the Secretary of State determines that 
such department or agency has not provided to the Department of State 
the full amount of funding required by subsection (e) of section 604 of 
the Secure Embassy Construction and Counterterrorism Act of 1999 (as 
enacted into law by section 1000(a)(7) of Public Law 106-113 and 
contained in appendix G of that Act; 113 Stat. 1501A-453), as added by 
section 413 of this Act.
    (b) Notwithstanding the prohibition in subsection (a), a project to 
construct a diplomatic facility of the United States may include office 
space or other accommodations for members of the Marine Corps.
    Sec. 624. (a) The Federal Bureau of Investigation, the Department 
of Homeland Security, and the Department of State shall jointly conduct 
a thorough study of all matters relating to the efficiency and 
effectiveness of the interagency process used to review applications 
for nonimmigrant visas issued under section 221(a)(1)(B) of the 
Immigration and Nationality Act (8 U.S.C. 1201(a)(1)(B)). The Federal 
Bureau of Investigation, the Department of Homeland Security, and the 
Department of State shall, in conducting this study, develop 
recommendations on--
            (1) clearance procedures for nonimmigrant visas that should 
        be eliminated;
            (2) such procedures that should be continued;
            (3) the appropriate Federal agencies or departments or 
        entities that should participate in each such procedure; and
            (4) legislation that could be enacted to increase the 
        efficiency and effectiveness of such procedures.
    (b) Not later than 1 year after the date of enactment of this Act, 
the Federal Bureau of Investigation, the Department of Homeland 
Security, and the Department of State shall jointly submit a report to 
the Committees on Appropriations of the Senate and House of 
Representatives which shall contain a detailed statement of the 
findings and conclusions of the study referred to in subsection (a), 
together with recommendations for such legislation and administrative 
actions as the Federal Bureau of Investigation, the Department of 
Homeland Security, and the Department of State consider appropriate. 
The report may be submitted in a classified and unclassified form.
    Sec. 625. None of the funds made available in this Act may be used 
for a United States contribution to any specialized agency, body, or 
commission of the United Nations that is chaired or presided over by a 
representative of a country, if the Secretary of State has determined 
under section 6(j)(1)(A) of the Export Administration Act of 1979 (50 
U.S.C. App. 2405(j)(1)(A)) that the government of such country has 
provided support for acts of international terrorism.
    Sec. 626. None of the funds made available in this Act shall be 
used in any way whatsoever to support or justify the use of torture by 
any official or contract employee of the United States Government.
    Sec. 627. That of the unobligated balances available in the Working 
Capital Fund under the heading, ``Department of Justice, General 
Administration'', $44,000,000 shall be rescinded.
    Sec. 628. Of the unobligated balances available under the heading, 
``Department of Justice, Legal Activities, Asset Forfeiture Fund'', 
$30,000,000 are rescinded.
    Sec. 629. That of the unobligated balances under the heading, 
``Department of Justice'', $98,125,000 are rescinded, none of which 
shall be rescinded from the balances under the heading, ``Office of 
Justice Programs'', or the heading, ``Community Oriented Policing 
Services''.
    Sec. 630. Controlled Substances Act and Related Acts. (a) Diversion 
Control Program.--Section 111(b) of Public Law 102-395 (21 U.S.C. 886a) 
is amended--
            (1) by redesignating paragraphs (1) through (5) as 
        subparagraphs (A) through (E), and indenting accordingly;
            (2) in subparagraph (B), as redesignated, by striking 
        ``program.'' and inserting ``program. Such reimbursements shall 
        be made without distinguishing between expenses related to 
        controlled substance activities and expenses related to 
        chemical activities.'';
            (3) by striking ``There is established'' and inserting the 
        following:
            ``(1) In general.--There is established''; and
            (4) by adding at the end the following:
            ``(2) Definitions.--In this section:
                    ``(A) Diversion control program.--The term 
                `diversion control program' means the controlled 
                substance and chemical diversion control activities of 
                the Drug Enforcement Administration that are carried 
                out by the Office of Diversion Control and field 
                diversion elements of that agency.
                    ``(B) Controlled substance and chemical diversion 
                control activities.--The term `controlled substance and 
                chemical diversion control activities' means those 
                activities related to the registration and control of 
                the manufacture, distribution, and dispensing of 
                controlled substances and listed chemicals.''.
    (b) Rules and Regulations.--Section 301 of the Controlled 
Substances Act (21 U.S.C. 821) is amended by striking ``the 
registration and control of regulated'' and all that follows through 
the period, and inserting ``listed chemicals.''
    (c) Importers and Exporters of Controlled Substances.--Section 
1088(f) of the Controlled Substances Import and Export Act (21 U.S.C. 
958(f)) is amended--
            (1) by inserting ``and control'' after ``the 
        registration''; and
            (2) by striking ``list I chemicals under this section.'' 
        and inserting ``listed chemicals.''.
    Sec. 631. Universal Service Support. None of the funds appropriated 
by this Act may be used by the Federal Communications Commission to 
modify, amend, or change its rules or regulations for universal service 
support payments to implement the February 27, 2004 recommendations of 
the Federal-State Joint Board on Universal Service regarding single 
connection or primary line restrictions on universal service support 
payments.
    Sec. 632. The unobligated balance of the amount appropriated by 
title V of the Departments of Commerce, Justice, and State, the 
Judiciary, and Related Agencies Appropriations Act, 2002 (Public Law 
107-77; 115 Stat. 798) for necessary expenses of the United States-
Canada Alaska Rail Commission shall be transferred as a direct lump-sum 
payment to the University of Alaska.

                  TITLE VII--PATENT AND TRADEMARK FEES

SECTION. 701. FEES FOR PATENT SERVICES.

    (a) General Patent Fees.--During fiscal year 2005, subsection (a) 
of section 41 of title 35, United States Code, shall be administered as 
though that subsection reads as follows:
    ``(a) General Fees.--The Director shall charge the following fees:
            ``(1) Filing and basic national fees.--
                    ``(A) On filing each application for an original 
                patent, except for design, plant, or provisional 
                applications, $300.
                    ``(B) On filing each application for an original 
                design patent, $200.
                    ``(C) On filing each application for an original 
                plant patent, $200.
                    ``(D) On filing each provisional application for an 
                original patent, $200.
                    ``(E) On filing each application for the reissue of 
                a patent, $300.
                    ``(F) The basic national fee for each international 
                application filed under the treaty defined in section 
                351(a) of this title entering the national stage under 
                section 371 of this title, $300.
                    ``(G) In addition, excluding any sequence listing 
                or computer program listing filed in an electronic 
                medium as prescribed by the Director, for any 
                application the specification and drawings of which 
                exceed 100 sheets of paper (or equivalent as prescribed 
                by the Director if filed in an electronic medium), $250 
                for each additional 50 sheets of paper (or equivalent 
                as prescribed by the Director if filed in an electronic 
                medium) or fraction thereof.
            ``(2) Excess claims fees.--In addition to the fee specified 
        in paragraph (1)--
                    ``(A) on filing or on presentation at any other 
                time, $200 for each claim in independent form in excess 
                of 3;
                    ``(B) on filing or on presentation at any other 
                time, $50 for each claim (whether dependent or 
                independent) in excess of 20; and
                    ``(C) for each application containing a multiple 
                dependent claim, $360.
        For the purpose of computing fees under this paragraph, a 
        multiple dependent claim referred to in section 112 of this 
        title or any claim depending therefrom shall be considered as 
        separate dependent claims in accordance with the number of 
        claims to which reference is made. The Director may by 
        regulation provide for a refund of any part of the fee 
        specified in this paragraph for any claim that is canceled 
        before an examination on the merits, as prescribed by the 
        Director, has been made of the application under section 131 of 
        this title. Errors in payment of the additional fees under this 
        paragraph may be rectified in accordance with regulations 
        prescribed by the Director.
            ``(3) Examination fees.--
                    ``(A) For examination of each application for an 
                original patent, except for design, plant, provisional, 
                or international applications, $200.
                    ``(B) For examination of each application for an 
                original design patent, $130.
                    ``(C) For examination of each application for an 
                original plant patent, $160.
                    ``(D) For examination of the national stage of each 
                international application, $200.
                    ``(E) For examination of each application for the 
                reissue of a patent, $600.
            ``(4) Issue fees.--
                    ``(A) For issuing each original patent, except for 
                design or plant patents, $1,400.
                    ``(B) For issuing each original design patent, 
                $800.
                    ``(C) For issuing each original plant patent, 
                $1,100.
                    ``(D) For issuing each reissue patent, $1,400.
            ``(5) Disclaimer fee.--On filing each disclaimer, $130.
            ``(6) Appeal fees.--
                    ``(A) On filing an appeal from the examiner to the 
                Board of Patent Appeals and Interferences, $500.
                    ``(B) In addition, on filing a brief in support of 
                the appeal, $500, and on requesting an oral hearing in 
                the appeal before the Board of Patent Appeals and 
                Interferences, $1,000.
            ``(7) Revival fees.--On filing each petition for the 
        revival of an unintentionally abandoned application for a 
        patent, for the unintentionally delayed payment of the fee for 
        issuing each patent, or for an unintentionally delayed response 
        by the patent owner in any reexamination proceeding, $1,500, 
        unless the petition is filed under section 133 or 151 of this 
        title, in which case the fee shall be $500.
            ``(8) Extension fees.--For petitions for 1-month extensions 
        of time to take actions required by the Director in an 
        application--
                    ``(A) on filing a first petition, $120;
                    ``(B) on filing a second petition, $330; and
                    ``(C) on filing a third or subsequent petition, 
                $570.''.
    (b) Patent Maintenance Fees.--During fiscal year 2005, subsection 
(b) of Section 41 of title 35, United States Code, shall be 
administered as though that subsection reads as follows:
    ``(b) Maintenance Fees.--The Director shall charge the following 
fees for maintaining in force all patents based on applications filed 
on or after December 12, 1980:
            ``(1) 3 years and 6 months after grant, $900.
            ``(2) 7 years and 6 months after grant, $2,300.
            ``(3) 11 years and 6 months after grant, $3,800.
    (c) Patent Search Fees.--During fiscal year 2005, subsection (d) of 
section 41 of title 35, United States Code, shall be administered as 
though that subsection reads as follows:
    ``(d) Patent Search and Other Fees.--
            ``(1) Patent search fees.--
                    ``(A) The Director shall charge a fee for the 
                search of each application for a patent, except for 
                provisional applications. The Director shall establish 
                the fees charged under this paragraph to recover an 
                amount not to exceed the estimated average cost to the 
                Office of searching applications for patent either by 
                acquiring a search report from a qualified search 
                authority, or by causing a search by Office personnel 
                to be made, of each application for patent. For the 3-
                year period beginning on October 1, 2004, the fee for a 
                search by a qualified search authority of a patent 
                application described in clause (i), (iv), or (v) of 
                subparagraph (B) may not exceed $500, of a patent 
                application described in clause (ii) of subparagraph 
                (B) may not exceed $100, and of a patent application 
                described in clause (iii) of subparagraph (B) may not 
                exceed $300. The Director may not increase any such fee 
                by more than 20 percent in each of the next three 1-
                year periods, and the Director may not increase any 
                such fee thereafter.
                    ``(B) For purposes of determining the fees to be 
                established under this paragraph, the cost to the 
                Office of causing a search of an application to be made 
                by Office personnel shall be deemed to be--
                            ``(i) $500 for each application for an 
                        original patent, except for design, plant, 
                        provisional, or international applications;
                            ``(ii) $100 for each application for an 
                        original design patent;
                            ``(iii) $300 for each application for an 
                        original plant patent;
                            ``(iv) $500 for the national stage of each 
                        international application; and
                            ``(v) $500 for each application for the 
                        reissue of a patent.
                    ``(C) The provisions of section 111(a)(3) of this 
                title relating to the payment of the fee for filing the 
                application shall apply to the payment of the fee 
                specified in this paragraph with respect to an 
                application filed under section 111(a) of this title. 
                The provisions of section 371(d) of this title relating 
                to the payment of the national fee shall apply to the 
                payment of the fee specified in this paragraph with 
                respect to an international application.
                    ``(D) The Director may by regulation provide for a 
                refund of any part of the fee specified in this 
                paragraph for any applicant who files a written 
                declaration of express abandonment as prescribed by the 
                Director before an examination has been made of the 
                application under section 131 of this title, and for 
                any applicant who provides a search report that meets 
                the conditions prescribed by the Director.
            ``(2) Other fees.--The Director shall establish fees for 
        all other processing, services, or materials relating to 
        patents not specified in this section to recover the estimated 
        average cost to the Office of such processing, services, or 
        materials, except that the Director shall charge the following 
        fees for the following services:
                    ``(A) For recording a document affecting title, $40 
                per property.
                    ``(B) For each photocopy, $.25 per page.
                    ``(C) For each black and white copy of a patent, 
                $3.
        The yearly fee for providing a library specified in section 12 
        of this title with uncertified printed copies of the 
        specifications and drawings for all patents in that year shall 
        be $50.''.
    (d) Adjustments.--During fiscal year 2005, subsection (f) of 
section 41 of title 35, United States Code, shall apply to the fees 
established under the amendments made by this section.
    (e) Fees For Small Entities.--During fiscal year 2005, subsection 
(h) of section 41 of title 35, United States Code, shall be 
administered as though that subsection is amended--
            (1) in paragraph (1), by striking ``Fees charged under 
        subsection (a) or (b)'' and inserting ``Subject to paragraph 
        (3), fees charged under subsections (a), (b), and (d)(1)''; and
            (2) by adding at the end the following new paragraph:
            ``(3) The fee charged under subsection (a)(1)(A) shall be 
        reduced by 75 percent with respect to its application to any 
        entity to which paragraph (1) applies, if the application is 
        filed by electronic means as prescribed by the Director.''.

SEC. 702. ADJUSTMENT OF TRADEMARK FEES.

    (a) Fee For Filing Application.--During fiscal year 2005, under 
such conditions as may be prescribed by the Director, the fee under 
section 31(a) of the Trademark Act of 1946 (15 U.S.C. 1113(a)) for: (a) 
the filing of a paper application for the registration of a trademark 
shall be $375; (b) the filing of an electronic application shall be 
$325; and (c) the filing of an electronic application meeting certain 
additional requirements prescribed by the Director shall be $275. 
During fiscal year 2005, the provisions of the second and third 
sentences of section 31(a) of the Trademark Act of 1946 shall apply to 
the fees established under this section.
    (b) Reference to Trademark Act of 1946.--For purposes of this 
section, the ``Trademark Act of 1946'' refers to the Act entitled ``An 
Act to provide for the registration and protection of trademarks used 
in commerce, to carry out the provisions of certain international 
conventions, and for other purposes.'', approved July 5, 1946 (15 
U.S.C. 1051 et seq.).

SEC. 703. EFFECTIVE DATE, APPLICABILITY, AND TRANSITIONAL PROVISION.

    (a) Effective Date.--Except as otherwise provided in this title and 
this section, the provisions of this title shall take effect on the 
date of the enactment of this Act. If this Act takes effect after 
October 1, 2004, the provisions of this title shall apply only with 
respect to the remaining portion of fiscal year 2005.
    (b) Applicability.--
            (1)(A) Except as provided in subparagraphs (B) and (C), the 
        provisions of section 701 shall apply to all patents, whenever 
        granted, and to all patent applications pending on or filed 
        after the effective date set forth in subsection (a) of this 
        section.
            (B)(i) Except as provided in clause (ii), sections 
        41(a)(1), 41(a)(3), and 41(d)(1) of title 35, United States 
        Code, as administered as provided in this title, shall apply 
        only to--
                    (I) applications for patents filed under section 
                111 of title 35, United States Code, on or after the 
                effective date set forth in subsection (a) of this 
                section, and
                    (II) international applications entering the 
                national stage under section 371 of title 35, United 
                States Code, for which the basic national fee specified 
                in section 41 of title 35, United States Code, was not 
                paid before the effective date set forth in subsection 
                (a) of this section.
            (ii) Section 41(a)(1)(D) of title 35, United States Code as 
        administered as provided in this title, shall apply only to 
        applications for patent filed under section 111(b) of title 35, 
        United States Code, before, on, or after the effective date set 
        forth in subsection (a) of this section in which the filing fee 
        specified in section 41 of title 35, United States Code, was 
        not paid before the effective date set forth in subsection (a) 
        of this section.
            (C) Section 41(a)(2) of title 35, United States Code, as 
        administered as provided in this title, shall apply only to the 
        extent that the number of excess claims, after giving effect to 
        any cancellation of claims, is in excess of the number of 
        claims for which the excess claims fee specified in section 41 
        of title 35, United States Code, was paid before the effective 
        date set forth in subsection (a) of this section.
            (2) The provisions of section 702 shall apply to all 
        applications for the registration of a trademark filed or 
        amended on or after the effective date set forth in subsection 
        (a) of this section.
    (c) Transitional Provisions.--
            (1) Search fees.--During fiscal year 2005, the Director 
        shall charge--
                    (A) for the search of each application for an 
                original patent, except for design, plant, provisional, 
                or international application, $500;
                    (B) for the search of each application for an 
                original design patent, $100;
                    (C) for the search of each application for an 
                original plant patent, $300;
                    (D) for the search of the national stage of each 
                international application, $500; and
                    (E) for the search of each application for the 
                reissue of a patent, $500.
            (2) Timing of fees.--The provisions of section 111(a)(3) of 
        title 35, United States Code, relating to the payment of the 
        fee for filing the application shall apply to the payment of 
        the fee specified in paragraph (1) with respect to an 
        application filed under section 111(a) of title 35, United 
        States Code. The provisions of section 371(d) of title 35, 
        United States Code, relating to the payment of the national fee 
        shall apply to the payment of the fee specified in paragraph 
        (1) with respect to an international application.

SEC. 704. DEFINITION.

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

                  TITLE VIII--KOBY MANDELL ACT OF 2003

SECTION 801. SHORT TITLE.

    This Act may be cited as the ``Koby Mandell Act of 2003''.

SEC. 802. FINDINGS.

    Congress finds the following:
            (1) Numerous American citizens have been murdered or maimed 
        by terrorists around the world, including more than 100 
        murdered since 1968 in terrorist attacks occurring in Israel or 
        in territories administered by Israel or in territories 
        administered by the Palestinian Authority.
            (2) Some American citizens who have been victims of 
        terrorism overseas, especially those harmed by terrorists 
        operating from areas administered by the Palestinian Authority, 
        have not received from the United States Government services 
        equal to those received by other such victims of overseas 
        terrorism.
            (3) The United States Government has not devoted adequate 
        efforts or resources to the apprehension of terrorists who have 
        harmed American citizens overseas, particularly in cases 
        involving terrorists operating from areas administered by the 
        Palestinian Authority. Monetary rewards for information leading 
        to the capture of terrorists overseas, which the Government 
        advertises in regions where the terrorists are believed to be 
        hiding, have not been advertised in areas administered by the 
        Palestinian Authority.
            (4) This situation is especially grave in the areas 
        administered by the Palestinian Authority, because many 
        terrorists involved in the murders of Americans are walking 
        free there; some of these terrorists have been given positions 
        in the Palestinian Authority security forces or other official 
        Palestinian Authority agencies; and a number of schools, 
        streets, and other public sites have been named in honor of 
        terrorists who were involved in the murders of Americans.
            (5) To remedy these and related problems, an office should 
        be established within the Department of Justice for the purpose 
        of ensuring equally vigorous efforts to capture all terrorists 
        who have harmed American citizens overseas and equal treatment 
        for all American victims of overseas terrorism.

SEC. 803. ESTABLISHMENT OF AN OFFICE OF JUSTICE FOR VICTIMS OF OVERSEAS 
              TERRORISM IN THE DEPARTMENT OF JUSTICE.

    (a) In General.--There is established within the Department of 
Justice an Office of Justice for Victims of Overseas Terrorism (in this 
Act referred to as the ``Office'') to carry out the following 
activities:
            (1) Rewards for justice.--
                    (A) In general.--The Office shall assume 
                responsibility for administration of the Rewards for 
                Justice program and its website.
                    (B) Administration.--In administering the Rewards 
                for Justice program the Office shall ensure that--
                            (i) rewards are offered to capture all 
                        terrorists involved in harming American 
                        citizens overseas, regardless of the 
                        terrorists' country of origin or residence;
                            (ii) such rewards are prominently 
                        advertised in the mass media and public sites 
                        in all countries or regions where such 
                        terrorists reside;
                            (iii) the names and photographs and 
                        suspects in all such cases are included on the 
                        website; and
                            (iv) the names of the specific 
                        organizations claiming responsibility for 
                        terrorist attacks mentioned on the site are 
                        included in the descriptions of those attacks.
            (2) Notification program.--The Office shall establish and 
        administer a program--
                    (A) comparable to the VINE system for notification 
                of crime victims; and
                    (B) that will provide notification for American 
                victims of overseas terrorism or their immediate family 
                to update them on the status of efforts to capture the 
                terrorists who harmed them.
            (3) Government representation.--The Office shall send an 
        official United States Government representative to attend the 
        funeral of every American victim of terrorism overseas.
            (4) Report.--The Office shall assume responsibility for 
        providing twice-annual reports to Congress as required by 
        section 805 of the Admiral James W. Nance and Meg Donovan 
        Foreign Relations Authorization Act, Fiscal Years 2000 and 
        2001.
            (5) Profiting from crimes.--The Office shall work with 
        other United States Government agencies to expand legal 
        restrictions on the ability of murderers to reap profits from 
        books or movies concerning their crimes so as to ensure that 
        terrorists who harm American citizens overseas are unable to 
        profit from book or movie sales in the United States.
            (6) Terrorists as police.--The Office shall--
                    (A) determine if terrorists who have harmed 
                American citizens overseas are serving in their local 
                police or security forces; and
                    (B) if it is found that terrorists who have harmed 
                American citizens overseas are serving in their local 
                police or security forces--
                            (i) alert those United States Government 
                        agencies involved in providing assistance, 
                        directly or indirectly, to those forces; and
                            (ii) request of those agencies that all 
                        such assistance be halted until the 
                        aforementioned terrorists are removed from 
                        their positions.
            (7) Patterns of prosecution.--The Office shall--
                    (A) undertake a comprehensive assessment of the 
                pattern of United States indictments and prosecution of 
                terrorists who have harmed American citizens overseas, 
                in order to determine the reasons for the absence of 
                indictments of terrorists residing in some regions, 
                such as the territories controlled by the Palestinian 
                Authority; and
                    (B) provide the assessment to the Attorney General 
                and to Congress, together with its recommendations.
            (8) Monitoring.--The Office shall--
                    (A) monitor public actions by governments and 
                regimes overseas pertaining to terrorists who have 
                harmed American citizens, such as the naming of 
                schools, streets, or other public institutions or sites 
                after such terrorists; and
                    (B) in such instances, encourage other United 
                States Government agencies to halt their provision of 
                assistance, directly or indirectly, to those 
                institutions.
            (9) Compensation.--The Office shall initiate negotiations 
        to secure appropriate financial compensation for American 
        citizens, or the families of such citizens, who were harmed by 
        organizations that claim responsibility for acts of terrorism 
        against Americans overseas and that subsequently become part of 
        a governing regime with which the United States Government 
        maintains diplomatic or other official contacts, such as the 
        Palestinian Authority.
            (10) Incarcerated terrorists.--The Office shall--
                    (A) monitor the incarceration abroad of terrorists 
                who harmed Americans overseas, to ensure that their 
                conditions of incarceration are reasonably similar to 
                conditions of incarceration in the United States; and
                    (B) in cases where terrorists who have harmed 
                Americans overseas, and are subsequently released from 
                incarceration abroad, are eligible for further 
                prosecution in the United States, coordinate with other 
                Government agencies to seek the transfer of those 
                terrorists to the United States for further 
                prosecution.
            (11) Persona non grata.--The Office shall strive to ensure 
        that all terrorists who have harmed Americans overseas are 
        treated by the United States Government as persona non grata, 
        including steps such as--
                    (A) denying those individuals visas for entry to 
                the United States;
                    (B) urging United States Government agencies to 
                refrain from political and diplomatic contacts with 
                those individuals; and
                    (C) instructing United States embassies and 
                consulates to urge American visitors to those countries 
                to refrain from patronizing businesses that are owned 
                or operated by such individuals.

SEC. 804. AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--There are authorized to be appropriated for fiscal 
year 2003 and each subsequent fiscal year such sums as may be necessary 
to carry out this Act.
    (b) Availability.--Amounts appropriated pursuant to the 
authorization of appropriations under subsection (a) are authorized to 
remain available until expended.

             TITLE IX--ANABOLIC STEROID CONTROL ACT OF 2004

SECTION 901. SHORT TITLE.

    This Act may be cited as the ``Anabolic Steroid Control Act of 
2004''.

SEC. 902. AMENDMENTS TO THE CONTROLLED SUBSTANCES ACT.

    (a) Definitions.--Section 102 of the Controlled Substances Act (21 
U.S.C. 802) is amended--
            (1) in paragraph (41)--
                    (A) by realigning the margin so as to align with 
                paragraph (40); and
                    (B) by striking subparagraph (A) and inserting the 
                following:
    ``(A) The term `anabolic steroid' means any drug or hormonal 
substance, chemically and pharmacologically related to testosterone 
(other than estrogens, progestins, corticosteroids, and 
dehydroepiandrosterone), and includes--
            ``(i) androstanediol--
                    ``(I) 3b,17b-dihydroxy-5a-androstane; and
                    ``(II) 3a,17b-dihydroxy-5a-androstane;
            ``(ii) androstanedione (5a-androstan-3,17-dione);
            ``(iii) androstenediol--
                    ``(I) 1-androstenediol (3b,17b-dihydroxy-5a-
                androst-1-ene);
                    ``(II) 1-androstenediol (3a,17b-dihydroxy-5a-
                androst-1-ene);
                    ``(III) 4-androstenediol (3b,17b-dihydroxy-androst-
                4-ene); and
                    ``(IV) 5-androstenediol (3b,17b-dihydroxy-androst-
                5-ene);
            ``(iv) androstenedione--
                    ``(I) 1-androstenedione ([5a]-androst-1-en-3,17-
                dione);
                    ``(II) 4-androstenedione (androst-4-en-3,17-dione); 
                and
                    ``(III) 5-androstenedione (androst-5-en-3,17-
                dione);
            ``(v) bolasterone (7a,17a-dimethyl-17b-hydroxyandrost-4-en-
        3-one);
            ``(vi) boldenone (17b-hydroxyandrost-1,4,-diene-3-one);
            ``(vii) calusterone (7b,17a-dimethyl-17b-hydroxyandrost-4-
        en-3-one);
            ``(viii) clostebol (4-chloro-17b-hydroxyandrost-4-en-3-
        one);
            ``(ix) dehydrochloromethyltestosterone (4-chloro-17b-
        hydroxy-17a-methyl-androst-1,4-dien-3-one);
            ``(x) <triangle>1-dihydrotestosterone (a.k.a. `1-
        testosterone') (17b-hydroxy-5a-androst-1-en-3-one);
            ``(xi) 4-dihydrotestosterone (17b-hydroxy-androstan-3-one);
            ``(xii) drostanolone (17b-hydroxy-2a-methyl-5a-androstan-3-
        one);
            ``(xiii) ethylestrenol (17a-ethyl-17b-hydroxyestr-4-ene);
            ``(xiv) fluoxymesterone (9-fluoro-17a-methyl-11b,17b-
        dihydroxyandrost-4-en-3-one);
            ``(xv) formebolone (2-formyl-17a-methyl-11a,17b-
        dihydroxyandrost-1,4-dien-3-one);
            ``(xvi) furazabol (17a-methyl-17b-hydroxyandrostano[2,3-c]-
        furazan);
            ``(xvii) 13b-ethyl-17a-hydroxygon-4-en-3-one;
            ``(xviii) 4-hydroxytestosterone (4,17b-dihydroxy-androst-4-
        en-3-one);
            ``(xix) 4-hydroxy-19-nortestosterone (4,17b-dihydroxy-estr-
        4-en-3-one);
            ``(xx) mestanolone (17a-methyl-17b-hydroxy-5a-androstan-3-
        one);
            ``(xxi) mesterolone (1a-methyl-17b-hydroxy-[5a]-androstan-
        3-one);
            ``(xxii) methandienone (17a-methyl-17b-hydroxyandrost-1,4-
        dien-3-one);
            ``(xxiii) methandriol (17a-methyl-3b,17b-dihydroxyandrost-
        5-ene);
            ``(xxiv) methenolone (1-methyl-17b-hydroxy-5a-androst-1-en-
        3-one);
            ``(xxv) methyltestosterone (17a-methyl-17b-hydroxyandrost-
        4-en-3-one);
            ``(xxvi) mibolerone (7a,17a-dimethyl-17b-hydroxyestr-4-en-
        3-one);
            ``(xxvii) 17a-methyl-<triangle>1-dihydrotestosterone (17b-
        hydroxy-17a-methyl-5a-androst-1-en-3-one) (a.k.a. `17-a-methyl-
        1-testosterone');
            ``(xxviii) nandrolone (17b-hydroxyestr-4-en-3-one);
            ``(xxix) norandrostenediol--
                    ``(I) 19-nor-4-androstenediol (3b, 17b-
                dihydroxyestr-4-ene);
                    ``(II) 19-nor-4-androstenediol (3a, 17b-
                dihydroxyestr-4-ene);
                    ``(III) 19-nor-5-androstenediol (3b, 17b-
                dihydroxyestr-5-ene); and
                    ``(IV) 19-nor-5-androstenediol (3a, 17b-
                dihydroxyestr-5-ene);
            ``(xxx) norandrostenedione--
                    ``(I) 19-nor-4-androstenedione (estr-4-en-3,17-
                dione); and
                    ``(II) 19-nor-5-androstenedione (estr-5-en-3,17-
                dione;
            ``(xxxi) norbolethone (13b,17a-diethyl-17b-hydroxygon-4-en-
        3-one);
            ``(xxxii) norclostebol (4-chloro-17b-hydroxyestr-4-en-3-
        one);
            ``(xxxiii) norethandrolone (17a-ethyl-17b-hydroxyestr-4-en-
        3-one);
            ``(xxxiv) oxandrolone (17a-methyl-17b-hydroxy-2-oxa-[5a]-
        androstan-3-one);
            ``(xxxv) oxymesterone (17a-methyl-4,17b-dihydroxyandrost-4-
        en-3-one);
            ``(xxxvi) oxymetholone (17a-methyl-2-hydroxymethylene-17b-
        hydroxy-[5a]-androstan-3-one);
            ``(xxxvii) stanozolol (17a-methyl-17a-hydroxy-[5a]-androst-
        2-eno[3,2-c]-pyrazole);
            ``(xxxviii) stenbolone (17b-hydroxy-2-methyl-[5a]-androst-
        1-en-3-one);
            ``(xxxix) testolactone (13-hydroxy-3-oxo-13,17-
        secoandrosta-1,4-dien-17-oic acid lactone);
            ``(xl) testosterone (17b-hydroxyandrost-4-en-3-one);
            ``(xli) tetrahydrogestrinone (13b,17a-diethyl-17b-
        hydroxygon-4,9,11-trien-3-one);
            ``(xlii) trenbolone (17b-hydroxyestr-4,9,11-trien-3-one);
            ``(xliii) any salt, ester, or ether of a drug or substance 
        described in this paragraph;
            ``(xliv) methyldienolone (17a-methyl-17b-hydroxyestra-
        4,9(10)-dien-3-one);
            ``(xlv) methyltrienolone (17a-methyl-17b-hydroestra-4,9,11-
        trien-3-one);
            ``(xlvi) normethandrolone (17a-methyl-17b-hydroxyestr-4-en-
        3-one);
            ``(xlvii) 17a-methyl-4-hydroxynandrolone (17a-methyl-4-
        hydroxy-17b-hydroxyestr-4-en-3-one);
            ``(xlviii) 17a-methyl-3b, 17b-dihydroxy-5a-androstane;
            ``(xliv) 17a-methyl-3a,17b-dihydroxy-5a-androstane; and
            ``(xlv) 17a-methyl-3b,17b-dihydroxyandrost-4-ene.
The substances excluded under this subparagraph may at any time be 
scheduled by the Attorney General in accordance with the authority and 
requirements of subsections (a) through (c) of section 201.''; and
            (2) in paragraph (44), by inserting ``anabolic steroids,'' 
        after ``marihuana,''.
    (b) Authority and Criteria for Classification.--Section 201(g) of 
the Controlled Substances Act (21 U.S.C. 811(g)) is amended--
            (1) in paragraph (1), by striking ``substance from a 
        schedule if such substance'' and inserting ``drug which 
        contains a controlled substance from the application of titles 
        II and III of the Comprehensive Drug Abuse Prevention and 
        Control Act (21 U.S.C. 802 et seq.) if such drug''; and
            (2) in paragraph (3), by adding at the end the following:
            ``(C) Upon the recommendation of the Secretary of Health 
        and Human Services, a compound, mixture, or preparation which 
        contains any anabolic steroid, which is intended for 
        administration to a human being or an animal, and which, 
        because of its concentration, preparation, formulation or 
        delivery system, does not present any significant potential for 
        abuse.''.
    (c) Anabolic Steroids Control Act.--Section 1903 of the Anabolic 
Steroids Control Act of 1990 (Public Law 101-647) is amended--
            (1) by striking subsection (a); and
            (2) by redesignating subsections (b) and (c) as subsections 
        (a) and (b), respectively.
    (d) Effective Date.--The amendments made by this section shall take 
effect 90 days after the date of enactment of this Act.

SEC. 903. SENTENCING COMMISSION GUIDELINES.

    The United States Sentencing Commission shall--
            (1) review the Federal sentencing guidelines with respect 
        to offenses involving anabolic steroids;
            (2) consider amending the Federal sentencing guidelines to 
        provide for increased penalties with respect to offenses 
        involving anabolic steroids in a manner that reflects the 
        seriousness of such offenses and the need to deter anabolic 
        steroid trafficking and use; and
            (3) take such other action that the Commission considers 
        necessary to carry out this section.

SEC. 904. PREVENTION AND EDUCATION PROGRAMS.

    (a) In General.--The Secretary of Health and Human Services 
(referred to in this Act as the ``Secretary'') shall award grants to 
public and nonprofit private entities to enable such entities to carry 
out science-based education programs in elementary and secondary 
schools to highlight the harmful effects of anabolic steroids.
    (b) Eligibility.--
            (1) Application.--To be eligible for grants under 
        subsection (a), an entity shall prepare and submit to the 
        Secretary an application at such time, in such manner, and 
        containing such information as the Secretary may require.
            (2) Preference.--In awarding grants under subsection (a), 
        the Secretary shall give preference to applicants that intend 
        to use grant funds to carry out programs based on--
                    (A) the Athletes Training and Learning to Avoid 
                Steroids program;
                    (B) the Athletes Targeting Healthy Exercise and 
                Nutrition Alternatives program; and
                    (C) other programs determined to be effective by 
                the National Institute on Drug Abuse.
    (c) Use of Funds.--Amounts received under a grant under subsection 
(a) shall be used primarily for education programs that will directly 
communicate with teachers, principals, coaches, as well as elementary 
and secondary school children concerning the harmful effects of 
anabolic steroids.
    (d) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section, $15,000,000 for each of fiscal 
years 2005 through 2010.

SEC. 905. NATIONAL SURVEY ON DRUG USE AND HEALTH.

    (a) In General.--The Secretary of Health and Human Services shall 
ensure that the National Survey on Drug Use and Health includes 
questions concerning the use of anabolic steroids.
    (b) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section, $1,000,000 for each of fiscal 
years 2005 through 2010.
    This Act may be cited as the ``Departments of Commerce, Justice, 
and State, the Judiciary, and Related 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 Commerce, Justice, and 
 State, the Judiciary, and related agencies for the fiscal year ending 
              September 30, 2005, and for other purposes.

_______________________________________________________________________

                           September 15, 2004

                 Read twice and placed on the calendar
```