IB 

Union Calendar No. 340 

108TH CONGRESS 

2D SESSION H. R. 4754 

[Report No. 108–576] 

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

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

30, 2005, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JULY 1, 2004 

Mr. WOLF, from the Committee on Appropriations, reported the following bill; 

which was committed to the Committee of the Whole House on the State 

of the Union and ordered to be printed 

A BILL 

Making appropriations for the Departments of Commerce, 

Justice, and State, the Judiciary, and related agencies 

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

other purposes. 

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

3 That the following sums are appropriated, out of any 

4 money in the Treasury not otherwise appropriated, for the 
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1 fiscal year ending September 30, 2005, and for other pur2 poses, namely: 

3 TITLE I—DEPARTMENT OF JUSTICE 

4 GENERAL ADMINISTRATION

5 SALARIES AND EXPENSES

6 For expenses necessary for the administration of the 

7 Department of Justice, $124,906,000, of which not to ex8 ceed $3,317,000 is for the Facilities Program 2000, to 

9 remain available until expended: Provided, That not to ex10 ceed 45 permanent positions and 46 full-time equivalent 

11 workyears and $11,078,000 shall be expended for the De12 partment Leadership Program exclusive of augmentation 

13 that occurred in these offices in fiscal year 2004: Provided 

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

15 full-time equivalent workyears and $3,305,000 shall be ex16 pended for the Office of Legislative Affairs: Provided fur17 ther, That not to exceed 15 permanent positions, 20 full18 time equivalent workyears and $1,990,000 shall be ex19 pended for the Office of Public Affairs: Provided further, 

20 That the latter two aforementioned offices may utilize 

21 non-reimbursable details of career employees within the 

22 caps described in the preceding two provisos. 

23 JOINT AUTOMATED BOOKING SYSTEM

24 For expenses necessary for the nationwide deploy25 ment of a Joint Automated Booking System including 
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1 automated capability to transmit fingerprint and image 

2 data, $20,000,000, to remain available until September 

3 30, 2006. 

4 INTEGRATED AUTOMATED FINGERPRINT IDENTIFICATION

5 SYSTEM

6 For necessary expenses for the planning, develop7 ment, and deployment of an integrated fingerprint identi8 fication system, including automated capability to trans9 mit fingerprint and image data, $5,054,000, to remain 

10 available until September 30, 2006. 

11 LEGAL ACTIVITIES OFFICE AUTOMATION

12 For necessary expenses related to the design, develop13 ment, engineering, acquisition, and implementation of of14 fice automation systems for the organizations funded 

15 under the headings ‘‘Salaries and Expenses, General 

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

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

18 United States Marshals Service, the Antitrust Division, 

19 the United States Trustee Program, the Executive Office 

20 for Immigration Review, the Community Relations Serv21 ice, the Bureau of Prisons, the Office of Justice Programs, 

22 and the United States Parole Commission, $50,000,000, 

23 to remain available until September 30, 2006. 

24 NARROWBAND COMMUNICATIONS

25 For the costs of conversion to narrowband commu26 nications, including the cost for operation and mainte-
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1 nance of Land Mobile Radio legacy systems, 

2 $100,000,000, to remain available until September 30, 

3 2006: Provided, That the Attorney General shall transfer 

4 to the ‘‘Narrowband Communications’’ account all funds 

5 made available to the Department of Justice for the pur6 chase of portable and mobile radios: Provided further, 

7 That any transfer made under the preceding proviso shall 

8 be subject to section 605 of this Act. 

9 ADMINISTRATIVE REVIEW AND APPEALS

10 For expenses necessary for the administration of par11 don and clemency petitions and immigration-related activi12 ties, $202,518,000. 

13 DETENTION TRUSTEE

14 For necessary expenses of the Federal Detention 

15 Trustee, $938,810,000, to remain available until ex16 pended: Provided, That the Trustee shall be responsible 

17 for managing the Justice Prisoner and Alien Transpor18 tation System and for overseeing housing related to such 

19 detention: Provided further, That any unobligated balances 

20 available in prior years from the funds appropriated under 

21 the heading ‘‘Federal Prisoner Detention’’ shall be trans22 ferred to and merged with the appropriation under the 

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

24 expended. Provided further, That the Trustee, working in 

25 consultation with the Bureau of Prisons, shall submit a 

26 plan for collecting information related to evaluating the 
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1 health and safety of Federal prisoners in non-Federal in2 stitutions no later than 180 days following the enactment 

3 of this Act. 

4 OFFICE OF INSPECTOR GENERAL

5 For necessary expenses of the Office of Inspector 

6 General, $63,813,000, including not to exceed $10,000 to 

7 meet unforeseen emergencies of a confidential character. 

8 UNITED STATES PAROLE COMMISSION

9 SALARIES AND EXPENSES

10 For necessary expenses of the United States Parole 

11 Commission as authorized, $10,650,000. 

12 LEGAL ACTIVITIES

13 SALARIES AND EXPENSES, GENERAL LEGAL ACTIVITIES

14 For expenses necessary for the legal activities of the 

15 Department of Justice, not otherwise provided for, includ16 ing not to exceed $20,000 for expenses of collecting evi17 dence, to be expended under the direction of, and to be 

18 accounted for solely under the certificate of, the Attorney 

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

20 in the District of Columbia, $639,314,000, of which not 

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

22 shall remain available until expended: Provided, That none 

23 of the funds made available in this Act shall be used in 

24 any way whatsoever to support or justify the use of torture 

25 by any official or contract employee of the United States 

26 Government: Provided further, That of the total amount 
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1 appropriated, not to exceed $1,000 shall be available to 

2 the United States National Central Bureau, INTERPOL, 

3 for official reception and representation expenses: Pro4 vided further, That notwithstanding any other provision of 

5 law, upon a determination by the Attorney General that 

6 emergent circumstances require additional funding for liti7 gation activities of the Civil Division, the Attorney General 

8 may transfer such amounts to ‘‘Salaries and Expenses, 

9 General Legal Activities’’ from available appropriations 

10 for the current fiscal year for the Department of Justice, 

11 as may be necessary to respond to such circumstances: 

12 Provided further, That any transfer pursuant to the pre13 vious proviso shall be treated as a reprogramming under 

14 section 605 of this Act and shall not be available for obli15 gation or expenditure except in compliance with the proce16 dures set forth in that section. 

17 In addition, for reimbursement of expenses of the De18 partment of Justice associated with processing cases 

19 under the National Childhood Vaccine Injury Act of 1986, 

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

21 Vaccine Injury Compensation Trust Fund. 

22 SALARIES AND EXPENSES, ANTITRUST DIVISION

23 For expenses necessary for the enforcement of anti24 trust and kindred laws, $135,463,000, to remain available 

25 until expended: Provided, That, notwithstanding any other 

26 provision of law, not to exceed $101,000,000 of offsetting 
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1 collections derived from fees collected for premerger notifi2 cation filings under the Hart-Scott-Rodino Antitrust Im3 provements Act of 1976 (15 U.S.C. 18a), regardless of 

4 the year of collection, shall be retained and used for nec5 essary expenses in this appropriation, and shall remain 

6 available until expended: Provided further, That the sum 

7 herein appropriated from the general fund shall be re8 duced as such offsetting collections are received during fis9 cal year 2005, so as to result in a final fiscal year 2005 

10 appropriation from the general fund estimated at not more 

11 than $34,463,000. 

12 SALARIES AND EXPENSES, UNITED STATES ATTORNEYS

13 For necessary expenses of the Offices of the United 

14 States Attorneys, including inter-governmental and coop15 erative agreements, $1,535,000,000; of which not to ex16 ceed $2,500,000 shall be available until September 30, 

17 2006, for: (1) training personnel in debt collection; (2) lo18 cating debtors and their property; (3) paying the net costs 

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

20 United States Government: Provided, That of the total 

21 amount appropriated, not to exceed $8,000 shall be avail22 able for official reception and representation expenses: 

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

24 funds available for automated litigation support contracts 

25 shall remain available until expended: Provided further, 

26 That, in addition to reimbursable full-time equivalent 
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1 workyears available to the Offices of the United States At2 torneys, not to exceed 10,238 positions and 10,361 full3 time equivalent workyears shall be supported from the 

4 funds appropriated in this Act for the United States At5 torneys. 

6 UNITED STATES TRUSTEE SYSTEM FUND

7 For necessary expenses of the United States Trustee 

8 Program, as authorized, $172,850,000, to remain avail9 able until expended and to be derived from the United 

10 States Trustee System Fund: Provided, That, notwith11 standing any other provision of law, deposits to the Fund 

12 shall be available in such amounts as may be necessary 

13 to pay refunds due depositors: Provided further, That, not14 withstanding any other provision of law, $172,850,000 of 

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

16 be retained and used for necessary expenses in this appro17 priation and remain available until expended: Provided 

18 further, That the sum herein appropriated from the Fund 

19 shall be reduced as such offsetting collections are received 

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

21 year 2005 appropriation from the Fund estimated at $0. 

22 SALARIES AND EXPENSES, FOREIGN CLAIMS

23 SETTLEMENT COMMISSION

24 For expenses necessary to carry out the activities of 

25 the Foreign Claims Settlement Commission, including 

26 services as authorized by 5 U.S.C. 3109, $1,220,000. 
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1 SALARIES AND EXPENSES, UNITED STATES MARSHALS

2 SERVICE

3 For necessary expenses of the United States Mar4 shals Service, $752,070,000; of which $17,472,000 shall 

5 be available for 106 supervisory deputy marshal positions 

6 for courthouse security; of which not to exceed $6,000 

7 shall be available for official reception and representation 

8 expenses; and of which $4,000,000 for information tech9 nology systems shall remain available until expended; of 

10 which not less than $8,221,000 shall be available for the 

11 costs of courthouse security equipment, including fur12 nishings, relocations, and telephone systems and cabling, 

13 and shall remain available until September 30, 2006: Pro14 vided, That, in addition to reimbursable full-time equiva15 lent workyears available to the United States Marshals 

16 Service, not to exceed 4,578 positions and 4,404 full-time 

17 equivalent workyears shall be supported from the funds 

18 appropriated in this Act for the United States Marshals 

19 Service. 

20 CONSTRUCTION

21 For construction of United States Marshals Service 

22 prisoner-holding space in United States courthouses and 

23 Federal buildings, $1,371,000, to remain available until 

24 expended. 
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1 FEES AND EXPENSES OF WITNESSES

2 For fees and expenses of witnesses, for expenses of 

3 contracts for the procurement and supervision of expert 

4 witnesses, for private counsel expenses, including ad5 vances, $177,585,000, to remain available until expended; 

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

7 for construction of buildings for protected witness 

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

9 available for the purchase and maintenance of armored ve10 hicles for transportation of protected witnesses; and of 

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

12 for the purchase, installation, maintenance and upgrade 

13 of secure telecommunications equipment and a secure 

14 automated information network to store and retrieve the 

15 identities and locations of protected witnesses. 

16 SALARIES AND EXPENSES, COMMUNITY RELATIONS

17 SERVICE

18 For necessary expenses of the Community Relations 

19 Service, $9,833,000: Provided, That notwithstanding any 

20 other provision of law, upon a determination by the Attor21 ney General that emergent circumstances require addi22 tional funding for conflict resolution and violence preven23 tion activities of the Community Relations Service, the At24 torney General may transfer such amounts to the Commu25 nity Relations Service, from available appropriations for 

26 the current fiscal year for the Department of Justice, as 
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1 may be necessary to respond to such circumstances: Pro2 vided further, That any transfer pursuant to the previous 

3 proviso shall be treated as a reprogramming under section 

4 605 of this Act and shall not be available for obligation 

5 or expenditure except in compliance with the procedures 

6 set forth in that section. 

7 ASSETS FORFEITURE FUND

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

9 (F), and (G), $21,759,000, to be derived from the Depart10 ment of Justice Assets Forfeiture Fund. 

11 PAYMENT TO RADIATION EXPOSURE COMPENSATION

12 TRUST FUND

13 In addition to amounts appropriated by subsection 

14 3(e) of the Radiation Exposure Compensation Act (42 

15 U.S. Code 2210 note), $72,000,000 for payment to the 

16 Radiation Exposure Compensation Trust Fund, to remain 

17 available until expended. 

18 INTERAGENCY LAW ENFORCEMENT

19 INTERAGENCY CRIME AND DRUG ENFORCEMENT

20 For necessary expenses for the identification, inves21 tigation, and prosecution of individuals associated with the 

22 most significant drug trafficking and affiliated money 

23 laundering organizations not otherwise provided for, to in24 clude inter-governmental agreements with State and local 

25 law enforcement agencies engaged in the investigation and 

26 prosecution of individuals involved in organized crime drug 
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1 trafficking, $561,033,000, of which $50,000,000 shall re2 main available until expended: Provided, That any 

3 amounts obligated from appropriations under this heading 

4 may be used under authorities available to the organiza5 tions reimbursed from this appropriation. 

6 FEDERAL BUREAU OF INVESTIGATION

7 SALARIES AND EXPENSES

8 For necessary expenses of the Federal Bureau of In9 vestigation for detection, investigation, and prosecution of 

10 crimes against the United States; including purchase for 

11 police-type use of not to exceed 2,988 passenger motor ve12 hicles, of which 2,619 will be for replacement only; and 

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

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

15 $5,205,028,000; of which not to exceed $150,000,000 

16 shall remain available until expended; of which 

17 $916,000,000 shall be for counterterrorism investigations, 

18 foreign counterintelligence, and other activities related to 

19 our national security; of which $56,349,000 shall be for 

20 the operations, equipment, and facilities of the Foreign 

21 Terrorist Tracking Task Force; and of which not to exceed 

22 $20,000,000 is authorized to be made available for making 

23 advances for expenses arising out of contractual or reim24 bursable agreements with State and local law enforcement 

25 agencies while engaged in cooperative activities related to 
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1 violent crime, terrorism, organized crime, gang-related 

2 crime, cybercrime, and drug investigations: Provided, That 

3 not to exceed $200,000 shall be available for official recep4 tion and representation expenses: Provided further, That, 

5 in addition to reimbursable full-time equivalent workyears 

6 available to the Federal Bureau of Investigation, not to 

7 exceed 30,078 positions and 29,102 full-time equivalent 

8 workyears shall be supported from the funds appropriated 

9 in this Act for the Federal Bureau of Investigation. 

10 CONSTRUCTION

11 For necessary expenses to construct or acquire build12 ings and sites by purchase, or as otherwise authorized by 

13 law (including equipment for such buildings); conversion 

14 and extension of Federally-owned buildings; and prelimi15 nary planning and design of projects; $10,242,000, to re16 main available until expended: Provided, That $9,000,000 

17 shall be available to lease a records management facility, 

18 including equipment and relocation expenses, in Frederick 

19 County, Virginia. 

20 DRUG ENFORCEMENT ADMINISTRATION

21 SALARIES AND EXPENSES

22 For necessary expenses of the Drug Enforcement Ad23 ministration, including not to exceed $70,000 to meet un24 foreseen emergencies of a confidential character pursuant 

25 to 28 U.S.C. 530C; expenses for conducting drug edu26 cation and training programs, including travel and related 
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1 expenses for participants in such programs and the dis2 tribution of items of token value that promote the goals 

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

4 passenger motor vehicles, of which 1,346 will be for re5 placement only, for police-type use, $1,661,503,000; of 

6 which not to exceed $75,000,000 shall remain available 

7 until expended; and of which not to exceed $100,000 shall 

8 be available for official reception and representation ex9 penses: Provided, That, in addition to reimbursable full10 time equivalent workyears available to the Drug Enforce11 ment Administration, not to exceed 8,440 positions and 

12 8,289 full-time equivalent workyears shall be supported 

13 from the funds appropriated in this Act for the Drug En14 forcement Administration: Provided further, That not to 

15 exceed $8,100,000 from prior year unobligated balances 

16 shall be available for the design, construction and owner17 ship of a clandestine laboratory training facility and shall 

18 remain available until expended. 

19 BUREAU OF ALCOHOL, TOBACCO, FIREARMS AND

20 EXPLOSIVES

21 SALARIES AND EXPENSES

22 For necessary expenses of the Bureau of Alcohol, To23 bacco, Firearms and Explosives, including the purchase of 

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

25 650 shall be for replacement only; not to exceed $18,000 
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1 for official reception and representation expenses; for 

2 training of State and local law enforcement agencies with 

3 or without reimbursement, including training in connec4 tion with the training and acquisition of canines for explo5 sives and fire accelerants detection; and for provision of 

6 laboratory assistance to State and local law enforcement 

7 agencies, with or without reimbursement, $870,357,000, 

8 of which not to exceed $1,000,000 shall be available for 

9 the payment of attorneys’ fees as provided by 18 U.S.C. 

10 924(d)(2); and of which $10,000,000 shall remain avail11 able until expended: Provided, That no funds appropriated 

12 herein shall be available for salaries or administrative ex13 penses in connection with consolidating or centralizing, 

14 within the Department of Justice, the records, or any por15 tion thereof, of acquisition and disposition of firearms 

16 maintained by Federal firearms licensees: Provided fur17 ther, That no funds appropriated herein shall be used to 

18 pay administrative expenses or the compensation of any 

19 officer or employee of the United States to implement an 

20 amendment or amendments to 27 CFR 178.118 or to 

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

22 178.11 or remove any item from ATF Publication 

23 5300.11 as it existed on January 1, 1994: Provided fur24 ther, That none of the funds appropriated herein shall be 

25 available to investigate or act upon applications for relief 
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1 from Federal firearms disabilities under 18 U.S.C. 925(c): 

2 Provided further, That such funds shall be available to in3 vestigate and act upon applications filed by corporations 

4 for relief from Federal firearms disabilities under section 

5 925(c) of title 18, United States Code: Provided further, 

6 That no funds made available by this or any other Act 

7 may be used to transfer the functions, missions, or activi8 ties of the Bureau of Alcohol, Tobacco, Firearms and Ex9 plosives to other agencies or Departments in fiscal year 

10 2005: Provided further, That no funds appropriated under 

11 this or any other Act with respect to any fiscal year may 

12 be used to disclose part or all of the contents of the Fire13 arms Trace System database maintained by the National 

14 Trace Center of the Bureau of Alcohol, Tobacco, Fire15 arms, and Explosives or any information required to be 

16 kept by licensees pursuant to section 923(g) of title 18, 

17 United States Code, or required to be reported pursuant 

18 to paragraphs (3) and (7) of such section 923(g), to any19 one other than a Federal, State, or local law enforcement 

20 agency or a prosecutor solely in connection with and for 

21 use in a bona fide criminal investigation or prosecution 

22 and then only such information as pertains to the geo23 graphic jurisdiction of the law enforcement agency re24 questing the disclosure and not for use in any civil action 

25 or proceeding other than an action or proceeding com-
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1 menced by the Bureau of Alcohol, Tobacco, Firearms, and 

2 Explosives, or a review of such an action or proceeding, 

3 to enforce the provisions of chapter 44 of such title, and 

4 all such data shall be immune from legal process and shall 

5 not be subject to subpoena or other discovery in any civil 

6 action in a State or Federal court or in any administrative 

7 proceeding other than a proceeding commenced by the Bu8 reau of Alcohol, Tobacco, Firearms, and Explosives to en9 force the provisions of that chapter, or a review of such 

10 an action or proceeding; except that this proviso shall not 

11 be construed to prevent the disclosure of statistical infor12 mation concerning total production, importation, and ex13 portation by each licensed importer (as defined in section 

14 921(a)(9) of such title) and licensed manufacturer (as de15 fined in section 921(a)(10) of such title): Provided further, 

16 That no funds made available by this or any other Act 

17 shall be expended to promulgate or implement any rule 

18 requiring a physical inventory of any business licensed 

19 under section 923 of title 18, United States Code: Pro20 vided further, That no funds under this Act may be used 

21 to electronically retrieve information gathered pursuant to 

22 18 U.S.C. 923(g)(4) by name or any personal identifica23 tion code: Provided further, That no funds authorized or 

24 made available under this or any other Act may be used 

25 to deny any application for a license under section 923 
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1 of title 18, United States Code, or renewal of such a li2 cense due to a lack of business activity, provided that the 

3 applicant is otherwise eligible to receive such a license, and 

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

5 tax deduction for business expenses under the Internal 

6 Revenue Code of 1986. 

7 FEDERAL PRISON SYSTEM

8 SALARIES AND EXPENSES

9 For expenses necessary for the administration, oper10 ation, and maintenance of Federal penal and correctional 

11 institutions, including purchase (not to exceed 780, of 

12 which 649 are for replacement only) and hire of law en13 forcement and passenger motor vehicles, and for the provi14 sion of technical assistance and advice on corrections re15 lated issues to foreign governments, $4,567,232,000: Pro16 vided, That the Attorney General may transfer to the 

17 Health Resources and Services Administration such 

18 amounts as may be necessary for direct expenditures by 

19 that Administration for medical relief for inmates of Fed20 eral penal and correctional institutions: Provided further, 

21 That the Director of the Federal Prison System, where 

22 necessary, may enter into contracts with a fiscal agent/ 

23 fiscal intermediary claims processor to determine the 

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

25 Prison System, furnish health services to individuals com-
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1 mitted to the custody of the Federal Prison System: Pro2 vided further, That not to exceed $6,000 shall be available 

3 for official reception and representation expenses: Pro4 vided further, That not to exceed $50,000,000 shall re5 main available until September 30, 2006: Provided further, 

6 That, of the amounts provided for Contract Confinement, 

7 not to exceed $20,000,000 shall remain available until ex8 pended to make payments in advance for grants, contracts 

9 and reimbursable agreements, and other expenses author10 ized by section 501(c) of the Refugee Education Assist11 ance Act of 1980, for the care and security in the United 

12 States of Cuban and Haitian entrants: Provided further, 

13 That the Director of the Federal Prison System may ac14 cept donated property and services relating to the oper15 ation of the prison card program from a not-for-profit en16 tity which has operated such program in the past notwith17 standing the fact that such not-for-profit entity furnishes 

18 services under contracts to the Federal Prison System re19 lating to the operation of pre-release services, halfway 

20 houses or other custodial facilities. 

21 BUILDINGS AND FACILITIES

22 For planning, acquisition of sites and construction of 

23 new facilities; purchase and acquisition of facilities and re24 modeling, and equipping of such facilities for penal and 

25 correctional use, including all necessary expenses incident 

26 thereto, by contract or force account; and constructing, 
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1 remodeling, and equipping necessary buildings and facili2 ties at existing penal and correctional institutions, includ3 ing all necessary expenses incident thereto, by contract or 

4 force account, $189,000,000, to remain available until ex5 pended, of which not to exceed $14,000,000 shall be avail6 able to construct areas for inmate work programs: Pro7 vided, That labor of United States prisoners may be used 

8 for work performed under this appropriation: Provided 

9 further, That not to exceed 10 percent of the funds appro10 priated to ‘‘Buildings and Facilities’’ in this or any other 

11 Act may be transferred to ‘‘Salaries and Expenses’’, Fed12 eral Prison System, upon notification by the Attorney 

13 General to the Committees on Appropriations of the 

14 House of Representatives and the Senate in compliance 

15 with provisions set forth in section 605 of this Act. 

16 FEDERAL PRISON INDUSTRIES, INCORPORATED

17 The Federal Prison Industries, Incorporated, is here18 by authorized to make such expenditures, within the limits 

19 of funds and borrowing authority available, and in accord 

20 with the law, and to make such contracts and commit21 ments, without regard to fiscal year limitations as pro22 vided by section 9104 of title 31, United States Code, as 

23 may be necessary in carrying out the program set forth 

24 in the budget for the current fiscal year for such corpora25 tion, including purchase (not to exceed five for replace26 ment only) and hire of passenger motor vehicles. 
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1 LIMITATION ON ADMINISTRATIVE EXPENSES, FEDERAL

2 PRISON INDUSTRIES, INCORPORATED

3 Not to exceed $3,429,000 of the funds of the corpora4 tion shall be available for its administrative expenses, and 

5 for services as authorized by 5 U.S.C. 3109, to be com6 puted on an accrual basis to be determined in accordance 

7 with the corporation’s current prescribed accounting sys8 tem, and such amounts shall be exclusive of depreciation, 

9 payment of claims, and expenditures which such account10 ing system requires to be capitalized or charged to cost 

11 of commodities acquired or produced, including selling and 

12 shipping expenses, and expenses in connection with acqui13 sition, construction, operation, maintenance, improvement, 

14 protection, or disposition of facilities and other property 

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

16 OFFICE OF JUSTICE PROGRAMS

17 JUSTICE ASSISTANCE

18 For grants, contracts, cooperative agreements, and 

19 other assistance authorized by title I of the Omnibus 

20 Crime Control and Safe Streets Act of 1968, the Missing 

21 Children’s Assistance Act, including salaries and expenses 

22 in connection therewith, the Prosecutorial Remedies and 

23 Other Tools to end the Exploitation of Children Today Act 

24 of 2003 (Public Law 108–21), and the Victims of Crime 
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1 Act of 1984, $217,000,000, to remain available until ex2 pended. 

3 STATE AND LOCAL LAW ENFORCEMENT ASSISTANCE

4 For grants, contracts, cooperative agreements, and 

5 other assistance authorized by the Violent Crime Control 

6 and Law Enforcement Act of 1994 (Public Law 103–322) 

7 (‘‘the 1994 Act’’); the Omnibus Crime Control and Safe 

8 Streets Act of 1968 (‘‘the 1968 Act’’); the Victims of 

9 Trafficking and Violence Protection Act of 2000 (Public 

10 Law 106–386); and other programs; $1,255,037,000 (in11 cluding amounts for administrative costs, which shall be 

12 transferred to and merged with the ‘‘Justice Assistance’’ 

13 account): Provided, That funding provided under this 

14 heading shall remain available until expended, as follows— 

15 (1) $634,000,000 for the Edward Byrne Memo16 rial Justice Assistance Grant program pursuant to 

17 the amendments made by section 201 of H.R. 3036 

18 of the 108th Congress, as passed by the House of 

19 Representatives on March 30, 2004 (except that the 

20 special rules for Puerto Rico established pursuant to 

21 such amendments shall not apply for purposes of 

22 this Act), of which— 

23 (A) $80,000,000 shall be for Boys and 

24 Girls Clubs in public housing facilities and 

25 other areas in cooperation with State and local 

26 law enforcement, as authorized by section 401 
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1 of Public Law 104–294 (42 U.S.C. 13751 

2 note); 

3 (B) $15,000,000 shall be available for the 

4 National Institute of Justice in assisting units 

5 of local government to identify, select, develop, 

6 modernize, and purchase new technologies for 

7 use by law enforcement, of which not to exceed 

8 $1,000,000 shall be for use by the Bureau of 

9 Justice Statistics to collect data necessary for 

10 carrying out this program; and 

11 (C) $5,000,000 for USA Freedom Corps 

12 activities; 

13 (2) $325,000,000 for the State Criminal Alien 

14 Assistance Program, as authorized by section 242(j) 

15 of the Immigration and Nationality Act; 

16 (3) $15,000,000 for assistance to Indian tribes, 

17 of which— 

18 (A) $2,000,000 shall be available for 

19 grants under section 20109(a)(2) of subtitle A 

20 of title II of the 1994 Act; 

21 (B) $8,000,000 shall be available for the 

22 Tribal Courts Initiative; and 

23 (C) $5,000,000 shall be available for dem24 onstration projects on alcohol and crime in In25 dian Country; 
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1 (4) $110,000,000 for discretionary grants au2 thorized by subpart 2 of part E, of title I of the 

3 1968 Act, notwithstanding the provisions of section 

4 511 of said Act; 

5 (5) $10,000,000 for victim services programs 

6 for victims of trafficking, as authorized by section 

7 107(b)(2) of Public Law 106–386; 

8 (6) $883,000 for the Missing Alzheimer’s Dis9 ease Patient Alert Program, as authorized by section 

10 240001(c) of the 1994 Act; 

11 (7) $50,000,000 for Drug Courts, as authorized 

12 by Part EE of the 1968 Act; 

13 (8) $1,979,000 for public awareness programs 

14 addressing marketing scams aimed at senior citi15 zens, as authorized by section 250005(3) of the 

16 1994 Act; 

17 (9) $10,000,000 for a prescription drug moni18 toring program; 

19 (10) $52,175,000 for prison rape prevention 

20 and prosecution programs as authorized by the Pris21 on Rape Elimination Act of 2003 (Public Law 108– 

22 79), of which $2,175,000 shall be transferred to the 

23 National Prison Rape Reduction Commission for au24 thorized activities; 
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1 (11) $35,000,000 for grants for residential sub2 stance abuse treatment for State prisoners, as au3 thorized by part S of the 1968 Act; 

4 (12) $10,000,000 for a program to improve 

5 State and local law enforcement intelligence capabili6 ties including training to ensure that constitutional 

7 rights, civil liberties, civil rights, and privacy inter8 ests are protected throughout the intelligence proc9 ess; and 

10 (13) $1,000,000 for a State and local law en11 forcement hate crimes training and technical assist12 ance program: 

13 Provided, That, if a unit of local government uses any of 

14 the funds made available under this title to increase the 

15 number of law enforcement officers, the unit of local gov16 ernment will achieve a net gain in the number of law en17 forcement officers who perform nonadministrative public 

18 safety service. 

19 WEED AND SEED PROGRAM FUND

20 For necessary expenses to implement ‘‘Weed and 

21 Seed’’ program activities, $51,169,000, to remain avail22 able until expended, for inter-governmental agreements, 

23 including grants, cooperative agreements, and contracts, 

24 with State and local law enforcement agencies, non-profit 

25 organizations, and agencies of local government engaged 

26 in the investigation and prosecution of violent and gang- 
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1 related crimes and drug offenses in ‘‘Weed and Seed’’ des2 ignated communities, and for either reimbursements or 

3 transfers to appropriation accounts of the Department of 

4 Justice and other Federal agencies which shall be specified 

5 by the Attorney General to execute the ‘‘Weed and Seed’’ 

6 program strategy: Provided, That funds designated by 

7 Congress through language for other Department of Jus8 tice appropriation accounts for ‘‘Weed and Seed’’ program 

9 activities shall be managed and executed by the Attorney 

10 General through the Executive Office for Weed and Seed: 

11 Provided further, That the Attorney General may direct 

12 the use of other Department of Justice funds and per13 sonnel in support of ‘‘Weed and Seed’’ program activities 

14 only after the Attorney General notifies the Committees 

15 on Appropriations of the House of Representatives and the 

16 Senate in accordance with section 605 of this Act. 

17 COMMUNITY ORIENTED POLICING SERVICES

18 For activities authorized by the Violent Crime Con19 trol and Law Enforcement Act of 1994 (Public Law 103– 

20 322) (including administrative costs), $686,702,000, to 

21 remain available until expended: Provided, That funds 

22 that become available as a result of deobligations from 

23 prior year balances may not be obligated except in accord24 ance with section 605 of this Act: Provided further, That 

25 section 1703(b) and (c) of the Omnibus Crime Control and 

26 Safe Streets Act of 1968 (‘‘the 1968 Act’’) shall not apply 
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1 to non-hiring grants made pursuant to part Q of title I 

2 thereof (42 U.S.C. 3796dd et seq.). Of the amounts pro3 vided— 

4 (1) $113,000,000 is for law enforcement en5 hancement grants pursuant to the amendments 

6 made by section 253 of H.R. 3036 of the 108th 

7 Congress, as passed by the House of Representatives 

8 on March 30, 2004; 

9 (2) $25,000,000 is for the matching grant pro10 gram for law enforcement armor vests as authorized 

11 by section 2501 of part Y of the 1968 Act: Provided, 

12 That not to exceed 2 percent of such funds shall be 

13 available to the Office of Justice Programs for test14 ing of and research relating to law enforcement 

15 armor vests; 

16 (3) $60,000,000 is for policing initiatives to 

17 combat methamphetamine production and traf18 ficking and to enhance policing initiatives in ‘‘drug 

19 hot spots’’; 

20 (4) $20,000,000 is for Police Corps education 

21 and training: Provided, That the out-year program 

22 costs of new recruits shall be fully funded from 

23 funds currently available; 

24 (5) $130,000,000 is for a law enforcement tech25 nology program; 
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1 (6) $50,000,000 is for grants to upgrade crimi2 nal records, as authorized under the Crime Identi3 fication Technology Act of 1998 (42 U.S.C. 14601); 

4 (7) $175,788,000 is for a DNA analysis and 

5 backlog reduction program; 

6 (8) $40,000,000 is for the Southwest Border 

7 Prosecutor Initiative to reimburse State, county, 

8 parish, tribal, or municipal governments only for 

9 costs associated with the prosecution of criminal 

10 cases declined by local United States Attorneys of11 fices; 

12 (9) $15,000,000 is for an offender re-entry pro13 gram, as authorized by Public Law 107–273; 

14 (10) $30,000,000 is for Project Safe Neighbor15 hoods to reduce gun violence, and gang and drug-re16 lated crime; and 

17 (11) not to exceed $27,914,000 is for program 

18 management and administration. 

19 VIOLENCE AGAINST WOMEN PREVENTION AND

20 PROSECUTION PROGRAMS

21 For grants, contracts, cooperative agreements, and 

22 other assistance for the prevention and prosecution of vio23 lence against women as authorized by the Omnibus Crime 

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

25 the Violent Crime Control and Law Enforcement Act of 

26 1994 (Public Law 103–322) (‘‘the 1994 Act’’); the Vic-
29 

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1 tims of Child Abuse Act of 1990 (‘‘the 1990 Act’’); the 

2 Prosecutorial Remedies and Other Tools to end the Ex3 ploitation of Children Today Act of 2003 (Public Law 

4 108–21); the Juvenile Justice and Delinquency Prevention 

5 Act of 1974 (‘‘the 1974 Act’’); and the Victims of Traf6 ficking and Violence Protection Act of 2000 (Public Law 

7 106–386); $383,551,000 to remain available until ex8 pended, as follows— 

9 (1) $11,484,000 for the court appointed special 

10 advocate program, as authorized by section 217 of 

11 the 1990 Act; 

12 (2) $1,925,000 for child abuse training pro13 grams for judicial personnel and practitioners, as 

14 authorized by section 222 of the 1990 Act; 

15 (3) $983,000 for grants for televised testimony, 

16 as authorized by Part N of the 1968 Act; 

17 (4) $176,747,000 for grants to combat violence 

18 against women, as authorized by part T of the 1968 

19 Act, of which— 

20 (A) $5,200,000 shall be for the National 

21 Institute of Justice for research and evaluation; 

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

23 Juvenile Justice and Delinquency Prevention 

24 for the Safe Start Program, as authorized by 

25 the 1974 Act; and 
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1 (C) $15,000,000 shall be for transitional 

2 housing assistance grants for victims of domes3 tic violence, stalking or sexual assault as au4 thorized by Public Law 108–21; 

5 (5) $62,479,000 for grants to encourage arrest 

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

7 (6) $38,274,000 for rural domestic violence and 

8 child abuse enforcement assistance grants, as au9 thorized by section 40295 of the 1994 Act; 

10 (7) $4,415,000 for training programs as au11 thorized by section 40152 of the 1994 Act, and for 

12 related local demonstration projects; 

13 (8) $2,950,000 for grants to improve the stalk14 ing and domestic violence databases, as authorized 

15 by section 40602 of the 1994 Act; 

16 (9) $9,175,000 to reduce violent crimes against 

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

18 of Public Law 106–386; 

19 (10) $39,322,000 for legal assistance for vic20 tims, as authorized by section 1201 of Public Law 

21 106–386; 

22 (11) $4,458,000 for enhancing protection for 

23 older and disabled women from domestic violence 

24 and sexual assault as authorized by section 40802 of 

25 the 1994 Act; 
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1 (12) $14,078,000 for the safe havens for chil2 dren pilot program as authorized by section 1301 of 

3 Public Law 106–386; 

4 (13) $6,922,000 for education and training to 

5 end violence against and abuse of women with dis6 abilities, as authorized by section 1402 of Public 

7 Law 106–386; and 

8 (14) $10,339,000 for management and admin9 istration not elsewhere specified. 

10 JUVENILE JUSTICE PROGRAMS

11 For grants, contracts, cooperative agreements, and 

12 other assistance authorized by the Juvenile Justice and 

13 Delinquency Prevention Act of 1974 (‘‘the Act’’), and 

14 other juvenile justice programs, including salaries and ex15 penses in connection therewith to be transferred to and 

16 merged with the appropriations for Justice Assistance, 

17 $349,000,000, to remain available until expended, as fol18 lows— 

19 (1) $350,000 for concentration of Federal ef20 forts, as authorized by section 204 of the Act; 

21 (2) $84,000,000 for State and local programs 

22 authorized by section 221 of the Act, including 

23 training and technical assistance to assist small, 

24 non-profit organizations with the Federal grants 

25 process; 
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1 (3) $70,000,000 for demonstration projects, as 

2 authorized by sections 261 and 262 of the Act; 

3 (4) $80,000,000 for delinquency prevention, as 

4 authorized by section 505 of the Act, of which— 

5 (A) $10,000,000 shall be for the Tribal 

6 Youth Program; 

7 (B) $20,000,000 shall be for a gang resist8 ance education and training program to be ad9 ministered by the Bureau of Justice Assistance 

10 and to be coordinated with the Bureau of Alco11 hol, Tobacco, Firearms and Explosives and the 

12 Office of Juvenile Justice and Delinquency Pre13 vention; and 

14 (C) $25,000,000 shall be for grants of 

15 $360,000 to each State and $6,640,000 shall be 

16 available for discretionary grants to States, for 

17 programs and activities to enforce State laws 

18 prohibiting the sale of alcoholic beverages to 

19 minors or the purchase or consumption of alco20 holic beverages by minors, prevention and re21 duction of consumption of alcoholic beverages 

22 by minors, and for technical assistance and 

23 training; 

24 (5) $10,000,000 for Project Childsafe; 
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1 (6) $20,000,000 for the Secure Our Schools 

2 Act as authorized by Public Law 106–386; 

3 (7) $10,650,000 for Project Sentry to reduce 

4 youth gun violence, and gang and drug-related 

5 crime; 

6 (8) $14,000,000 for programs authorized by 

7 the Victims of Child Abuse Act of 1990; and 

8 (9) $60,000,000 for the Juvenile Accountability 

9 Block Grants program as authorized by Public Law 

10 107–273 and Guam shall be considered a State: 

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

12 in this section may be used for research, evaluation, and 

13 statistics activities designed to benefit the programs or ac14 tivities authorized, and not more than 2 percent of each 

15 amount may be used for training and technical assistance. 

16 PUBLIC SAFETY OFFICERS BENEFITS

17 To remain available until expended, for payments au18 thorized by part L of title I of the Omnibus Crime Control 

19 and Safe Streets Act of 1968 (42 U.S.C. 3796), such sums 

20 as are necessary, as authorized by section 6093 of Public 

21 Law 100–690 (102 Stat. 4339–4340); and $3,615,000, to 

22 remain available until expended for payments as author23 ized by section 1201(b) of said Act; and $2,795,000 for 

24 educational assistance, as authorized by section 1212 of 

25 the 1968 Act. 
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1 GENERAL PROVISIONS—DEPARTMENT OF JUSTICE

2 SEC. 101. In addition to amounts otherwise made 

3 available in this title for official reception and representa4 tion expenses, a total of not to exceed $60,000 from funds 

5 appropriated to the Department of Justice in this title 

6 shall be available to the Attorney General for official re7 ception and representation expenses. 

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

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

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

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

12 That should this prohibition be declared unconstitutional 

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

14 null and void. 

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

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

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

18 SEC. 104. Nothing in the preceding section shall re19 move the obligation of the Director of the Bureau of Pris20 ons to provide escort services necessary for a female in21 mate to receive such service outside the Federal facility: 

22 Provided, That nothing in this section in any way dimin23 ishes the effect of section 103 intended to address the phil24 osophical beliefs of individual employees of the Bureau of 

25 Prisons. 
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1 SEC. 105. Authorities contained in the 21st Century 

2 Department of Justice Appropriations Authorization Act 

3 (Public Law 107–273) shall remain in effect until the ef4 fective date of a subsequent Department of Justice appro5 priations authorization Act. 

6 SEC. 106. Not to exceed 5 percent of any appropria7 tion made available for the current fiscal year for the De8 partment of Justice in this Act may be transferred be9 tween such appropriations, but no such appropriation, ex10 cept as otherwise specifically provided, shall be increased 

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

12 That any transfer pursuant to this section shall be treated 

13 as a reprogramming of funds under section 605 of this 

14 Act and shall not be available for obligation except in com15 pliance with the procedures set forth in that section. 

16 SEC. 107. Section 114 of Public Law 107–77 shall 

17 remain in effect during fiscal year 2005. 

18 SEC. 108. The Attorney General is authorized to ex19 tend through September 30, 2006, the Personnel Manage20 ment Demonstration Project transferred to the Attorney 

21 General pursuant to section 1115 of the Homeland Secu22 rity Act of 2002, Public Law 107–296 (6 U.S.C. 533). 

23 SEC. 109. (a) None of the funds made available in 

24 this Act may be used by the Drug Enforcement Adminis25 tration to establish a procurement quota following the ap-
36 

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1 proval of a new drug application or an abbreviated new 

2 drug application for a controlled substance. 

3 (b) The limitation established in subsection (a) shall 

4 not apply until 180 days after enactment of this Act. 

5 SEC. 110. The limitation established in the preceding 

6 section shall not apply to any new drug application or ab7 breviated new drug application for which the Drug En8 forcement Administration has reviewed and provided pub9 lic comments on labeling, promotion, risk management 

10 plans, and any other documents. 

11 SEC. 111. (a) Section 8335(b) of title 5, United 

12 States Code, is amended— 

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

14 and 

15 (2) by adding at the end the following: 

16 ‘‘(2) In the case of employees of the Federal Bureau 

17 of Investigation, the second sentence of paragraph (1) 

18 shall be applied by substituting ‘65 years of age’ for ‘60 

19 years of age’. The authority to grant exemptions in ac20 cordance with the preceding sentence shall cease to be 

21 available after December 31, 2009.’’. 

22 (b) Section 8425(b) of title 5, United States Code, 

23 is amended— 

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

25 and 
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1 (2) by adding at the end the following: 

2 ‘‘(2) In the case of employees of the Federal Bureau 

3 of Investigation, the second sentence of paragraph (1) 

4 shall be applied by substituting ‘65 years of age’ for ‘60 

5 years of age’. The authority to grant exemptions in ac6 cordance with the preceding sentence shall cease to be 

7 available after December 31, 2009.’’. 

8 SEC. 112. (a) Subchapter IV of chapter 57 of title 

9 5, United States Code, is amended by adding at the end 

10 the following: 

11 ‘‘§ 5759. Retention and relocation bonuses for the 

12 Federal Bureau of Investigation 

13 ‘‘(a) AUTHORITY.—The Director of the Federal Bu14 reau of Investigation, after consultation with the Director 

15 of the Office of Personnel Management, may pay, on a 

16 case-by-case basis, a bonus under this section to an em17 ployee of the Bureau if— 

18 ‘‘(1)(A) the unusually high or unique qualifica19 tions of the employee or a special need of the Bu20 reau for the employee’s services makes it essential to 

21 retain the employee; and 

22 ‘‘(B) the Director of the Federal Bureau of In23 vestigation determines that, in the absence of such 

24 a bonus, the employee would be likely to leave— 

25 ‘‘(i) the Federal service; or 
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1 ‘‘(ii) for a different position in the Federal 

2 service; or 

3 ‘‘(2) the individual is transferred to a different 

4 geographic area with a higher cost of living (as de5 termined by the Director of the Federal Bureau of 

6 Investigation). 

7 ‘‘(b) SERVICE AGREEMENT.—Payment of a bonus 

8 under this section is contingent upon the employee enter9 ing into a written service agreement with the Bureau to 

10 complete a period of service with the Bureau. Such agree11 ment shall include— 

12 ‘‘(1) the period of service the individual shall be 

13 required to complete in return for the bonus; and 

14 ‘‘(2) the conditions under which the agreement 

15 may be terminated before the agreed-upon service 

16 period has been completed, and the effect of the ter17 mination. 

18 ‘‘(c) LIMITATION ON AUTHORITY.—A bonus paid 

19 under this section may not exceed 50 percent of the em20 ployee’s basic pay. 

21 ‘‘(d) IMPACT ON BASIC PAY.—A retention bonus is 

22 not part of the basic pay of an employee for any purpose. 

23 ‘‘(e) TERMINATION OF AUTHORITY.—The authority 

24 to grant bonuses under this section shall cease to be avail25 able after December 31, 2009.’’. 
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1 (b) The analysis for chapter 57 of title 5, United 

2 States Code, is amended by adding at the end the fol3 lowing: 

‘‘5759. Retention and relocation bonuses for the Federal Bureau of Investigation.’’. 

4 SEC. 113. (a) Chapter 35 of title 5 of the United 

5 States Code is amended by adding at the end the fol6 lowing: 

7 ‘‘SUBCHAPTER VII—RETENTION OF RETIRED 

8 SPECIALIZED EMPLOYEES AT THE FED9 ERAL BUREAU OF INVESTIGATION 

10 ‘‘§ 3598. Federal Bureau of Investigation Reserve 

11 Service 

12 ‘‘(a) ESTABLISHMENT.—The Director of the Federal 

13 Bureau of Investigation may provide for the establishment 

14 and training of a Federal Bureau of Investigation Reserve 

15 Service (hereinafter in this section referred to as the ‘FBI 

16 Reserve Service’) for temporary reemployment of employ17 ees in the Bureau during periods of emergency, as deter18 mined by the Director. 

19 ‘‘(b) MEMBERSHIP.—Membership in the FBI Re20 serve Service shall be limited to individuals who previously 

21 served as full-time employees of the Bureau. 

22 ‘‘(c) ANNUITANTS.—If an annuitant receiving an an23 nuity from the Civil Service Retirement and Disability 

24 Fund becomes temporarily reemployed pursuant to this 
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1 section, such annuity shall not be discontinued thereby. 

2 An annuitant so reemployed shall not be considered an 

3 employee for the purposes of chapter 83 or 84. 

4 ‘‘(d) NO IMPACT ON BUREAU PERSONNEL CEIL5 ING.—FBI Reserve Service members reemployed on a 

6 temporary basis pursuant to this section shall not count 

7 against any personnel ceiling applicable to the Bureau. 

8 ‘‘(e) EXPENSES.—The Director may provide mem9 bers of the FBI Reserve Service transportation and per 

10 diem in lieu of subsistence, in accordance with applicable 

11 provisions of this title, for the purpose of participating in 

12 any training that relates to service as a member of the 

13 FBI Reserve Service. 

14 ‘‘(f) LIMITATION ON MEMBERSHIP.—Membership of 

15 the FBI Reserve Service is not to exceed 500 members 

16 at any given time.’’. 

17 (b) The analysis for chapter 35 of title 5, United 

18 States Code, is amended by adding at the end the fol19 lowing: 

‘‘SUBCHAPTER VII—RETENTION OF RETIRED SPECIALIZED EMPLOYEES AT

THE FEDERAL BUREAU OF INVESTIGATION

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

20 SEC. 114. Section 5377(a)(2) of title 5, United States 

21 Code, is amended— 

22 (1) by striking ‘‘and’’ at the end of subpara23 graph (E); 
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1 (2) by striking the period at the end of sub2 paragraph (F) and inserting ‘‘; and’’; and 

3 (3) by inserting after subparagraph (F) the fol4 lowing: 

5 ‘‘(G) a position at the Federal Bureau of 

6 Investigation, the primary duties and respon7 sibilities of which relate to intelligence functions 

8 (as determined by the Director of the Federal 

9 Bureau of Investigation).’’. 

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

11 Appropriations Act, 2005’’. 

12 TITLE II—DEPARTMENT OF COMMERCE AND 

13 RELATED AGENCIES 

14 TRADE AND INFRASTRUCTURE DEVELOPMENT

15 RELATED AGENCIES 

16 OFFICE OF THE UNITED STATES TRADE

17 REPRESENTATIVE

18 SALARIES AND EXPENSES

19 For necessary expenses of the Office of the United 

20 States Trade Representative, including the hire of pas21 senger motor vehicles and the employment of experts and 

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

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

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

25 for official reception and representation expenses: Pro-
42 

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1 vided further, That not less than $2,000,000 provided 

2 under this heading shall be for expenses authorized by 19 

3 U.S.C. 2451 and 1677b(c). 

4 INTERNATIONAL TRADE COMMISSION

5 SALARIES AND EXPENSES

6 For necessary expenses of the International Trade 

7 Commission, including hire of passenger motor vehicles, 

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

9 exceed $2,500 for official reception and representation ex10 penses, $61,700,000, to remain available until expended. 

11 DEPARTMENT OF COMMERCE 

12 INTERNATIONAL TRADE ADMINISTRATION

13 OPERATIONS AND ADMINISTRATION

14 For necessary expenses for international trade activi15 ties of the Department of Commerce provided for by law, 

16 and for engaging in trade promotional activities abroad, 

17 including expenses of grants and cooperative agreements 

18 for the purpose of promoting exports of United States 

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

20 medical coverage for dependent members of immediate 

21 families of employees stationed overseas and employees 

22 temporarily posted overseas; travel and transportation of 

23 employees of the United States and Foreign Commercial 

24 Service between two points abroad, without regard to 49 

25 U.S.C. 40118; employment of Americans and aliens by 
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1 contract for services; rental of space abroad for periods 

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

3 or improvement; purchase or construction of temporary 

4 demountable exhibition structures for use abroad; pay5 ment of tort claims, in the manner authorized in the first 

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

7 foreign countries; not to exceed $327,000 for official rep8 resentation expenses abroad; purchase of passenger motor 

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

10 vehicle; obtaining insurance on official motor vehicles; and 

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

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

13 to be retained and used by the International Trade Admin14 istration, notwithstanding 31 U.S.C. 3302: Provided, That 

15 $47,509,000 shall be for Manufacturing and Services; 

16 $39,087,000 shall be for Market Access and Compliance; 

17 $58,044,000 shall be for the Import Administration of 

18 which not less than $3,000,000 is for the Office of China 

19 Compliance; $230,864,000 shall be for the United States 

20 and Foreign Commercial Service of which $1,500,000 is 

21 for the Advocacy Center, $2,500,000 is for the Trade In22 formation Center, and $2,100,000 is for a China and Mid23 dle East Business Center; and $26,009,000 shall be for 

24 Executive Direction and Administration: Provided further, 

25 That the provisions of the first sentence of section 105(f) 
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1 and all of section 108(c) of the Mutual Educational and 

2 Cultural Exchange Act of 1961 (22 U.S.C. 2455(f) and 

3 2458(c)) shall apply in carrying out these activities with4 out regard to section 5412 of the Omnibus Trade and 

5 Competitiveness Act of 1988 (15 U.S.C. 4912); and that 

6 for the purpose of this Act, contributions under the provi7 sions of the Mutual Educational and Cultural Exchange 

8 Act of 1961 shall include payment for assessments for 

9 services provided as part of these activities. 

10 BUREAU OF INDUSTRY AND SECURITY

11 OPERATIONS AND ADMINISTRATION

12 For necessary expenses for export administration and 

13 national security activities of the Department of Com14 merce, including costs associated with the performance of 

15 export administration field activities both domestically and 

16 abroad; full medical coverage for dependent members of 

17 immediate families of employees stationed overseas; em18 ployment of Americans and aliens by contract for services 

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

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

21 arise in foreign countries; not to exceed $15,000 for offi22 cial representation expenses abroad; awards of compensa23 tion to informers under the Export Administration Act of 

24 1979, and as authorized by 22 U.S.C. 401(b); and pur25 chase of passenger motor vehicles for official use and 
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1 motor vehicles for law enforcement use with special re2 quirement vehicles eligible for purchase without regard to 

3 any price limitation otherwise established by law, 

4 $68,393,000, to remain available until September 30, 

5 2006, of which $7,128,000 shall be for inspections and 

6 other activities related to national security: Provided, That 

7 the provisions of the first sentence of section 105(f) and 

8 all of section 108(c) of the Mutual Educational and Cul9 tural Exchange Act of 1961 (22 U.S.C. 2455(f) and 

10 2458(c)) shall apply in carrying out these activities: Pro11 vided further, That payments and contributions collected 

12 and accepted for materials or services provided as part of 

13 such activities may be retained for use in covering the cost 

14 of such activities, and for providing information to the 

15 public with respect to the export administration and na16 tional security activities of the Department of Commerce 

17 and other export control programs of the United States 

18 and other governments. 

19 ECONOMIC DEVELOPMENT ADMINISTRATION

20 ECONOMIC DEVELOPMENT ASSISTANCE PROGRAMS

21 For grants for economic development assistance as 

22 provided by the Public Works and Economic Development 

23 Act of 1965, and for trade adjustment assistance, 

24 $289,762,000, to remain available until expended. 
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1 SALARIES AND EXPENSES

2 For necessary expenses of administering the eco3 nomic development assistance programs as provided for by 

4 law, $30,565,000: Provided, That these funds may be used 

5 to monitor projects approved pursuant to title I of the 

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

7 Trade Act of 1974, and the Community Emergency 

8 Drought Relief Act of 1977. 

9 MINORITY BUSINESS DEVELOPMENT AGENCY

10 MINORITY BUSINESS DEVELOPMENT

11 For necessary expenses of the Department of Com12 merce in fostering, promoting, and developing minority 

13 business enterprise, including expenses of grants, con14 tracts, and other agreements with public or private organi15 zations, $28,899,000. 

16 ECONOMIC AND INFORMATION INFRASTRUCTURE

17 ECONOMIC AND STATISTICAL ANALYSIS

18 SALARIES AND EXPENSES

19 For necessary expenses, as authorized by law, of eco20 nomic and statistical analysis programs of the Department 

21 of Commerce, $78,211,000, to remain available until Sep22 tember 30, 2006, of which $2,000,000 is for a grant to 

23 the National Academy of Public Administration to study 

24 impacts of off-shoring on the economy and workforce of 

25 the United States. 
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1 BUREAU OF THE CENSUS

2 SALARIES AND EXPENSES

3 For expenses necessary for collecting, compiling, ana4 lyzing, preparing, and publishing statistics, provided for 

5 by law, $202,765,000. 

6 PERIODIC CENSUSES AND PROGRAMS

7 For necessary expenses related to the 2010 decennial 

8 census, $399,976,000, to remain available until September 

9 30, 2006: Provided, That, of the total amount available 

10 related to the 2010 decennial census, $173,806,000 is for 

11 the Re-engineered Design Process for the Short-Form 

12 Only Census, $146,009,000 is for the American Commu13 nity Survey, and $80,161,000 is for the Master Address 

14 File/Topologically Integrated Geographic Encoding and 

15 Referencing (MAF/TIGER) system. 

16 In addition, for expenses to collect and publish statis17 tics for other periodic censuses and programs provided for 

18 by law, $171,140,000, to remain available until September 

19 30, 2006, of which $73,473,000 is for economic statistics 

20 programs and $97,667,000 is for demographic statistics 

21 programs: Provided, That regarding construction of a fa22 cility at the Suitland Federal Center, quarterly reports re23 garding the expenditure of funds and project planning, de24 sign and cost decisions shall be provided by the Bureau, 

25 in cooperation with the General Services Administration, 

26 to the Committees on Appropriations of the Senate and 
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1 the House of Representatives: Provided further, That none 

2 of the funds provided in this or any other Act under the 

3 heading ‘‘Bureau of the Census, Periodic Censuses and 

4 Programs’’ shall be used to fund the construction and ten5 ant build-out costs of a facility at the Suitland Federal 

6 Center. 

7 NATIONAL TELECOMMUNICATIONS AND INFORMATION

8 ADMINISTRATION

9 SALARIES AND EXPENSES

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

11 the National Telecommunications and Information Ad12 ministration (NTIA), $15,282,000, to remain available 

13 until September 30, 2006: Provided, That, notwith14 standing 31 U.S.C. 1535(d), the Secretary of Commerce 

15 shall charge Federal agencies for costs incurred in spec16 trum management, analysis, and operations, and related 

17 services and such fees shall be retained and used as offset18 ting collections for costs of such spectrum services, to re19 main available until expended: Provided further, That the 

20 Secretary of Commerce is authorized to retain and use as 

21 offsetting collections all funds transferred, or previously 

22 transferred, from other Government agencies for all costs 

23 incurred in telecommunications research, engineering, and 

24 related activities by the Institute for Telecommunication 

25 Sciences of NTIA, in furtherance of its assigned functions 
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1 under this paragraph, and such funds received from other 

2 Government agencies shall remain available until ex3 pended. 

4 PUBLIC TELECOMMUNICATIONS FACILITIES, PLANNING

5 AND CONSTRUCTION

6 For the administration of grants authorized by sec7 tion 392 of the Communications Act of 1934, $2,538,000, 

8 to remain available until expended as authorized by sec9 tion 391 of the Act: Provided, That, notwithstanding the 

10 provisions of section 391 of the Act, the prior year unobli11 gated balances may be made available for grants for 

12 projects for which applications have been submitted and 

13 approved during any fiscal year. 

14 INFORMATION INFRASTRUCTURE GRANTS

15 For the administration of prior year grants, recov16 eries and unobligated balances of funds previously appro17 priated for grants are available only for the administration 

18 of all open grants until their expiration. 

19 UNITED STATES PATENT AND TRADEMARK OFFICE

20 SALARIES AND EXPENSES

21 For necessary expenses of the United States Patent 

22 and Trademark Office provided for by law, including de23 fense of suits instituted against the Under Secretary of 

24 Commerce for Intellectual Property and Director of the 

25 United States Patent and Trademark Office, 

26 $1,314,653,000, which shall be derived from offsetting 
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1 collections assessed and collected pursuant to 15 U.S.C. 

2 1113 and 35 U.S.C. 41 and 376, and shall be retained 

3 and used for necessary expenses in this appropriation: 

4 Provided, That the sum herein appropriated from the gen5 eral fund shall be reduced as such offsetting collections 

6 are received during fiscal year 2005, so as to result in 

7 a fiscal year 2005 appropriation from the general fund 

8 estimated at $0: Provided further, That during fiscal year 

9 2005, should the total amount of offsetting fee collections 

10 be less than $1,314,653,000, this amount shall be reduced 

11 accordingly: Provided further, That not less than 584 full12 time equivalents, 602 positions and $78,450,000 shall be 

13 for the examination of trademark applications; and not 

14 less than 5,435 full-time equivalents, 5,848 positions and 

15 $866,007,000 shall be for the examination and searching 

16 of patent applications: Provided further, That not more 

17 than 264 full-time equivalents, 271 positions and 

18 $36,861,000 shall be for the Office of the General Coun19 sel: Provided further, That from amounts provided herein, 

20 not to exceed $1,000 shall be made available in fiscal year 

21 2005 for official reception and representation expenses: 

22 Provided further, That, notwithstanding section 1353 of 

23 title 31, United States Code, no employee of the United 

24 States Patent and Trademark Office may accept payment 

25 or reimbursement from a non-Federal entity for travel, 
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1 subsistence, or related expenses for the purpose of ena2 bling an employee to attend and participate in a conven3 tion, conference, or meeting when the entity offering pay4 ment or reimbursement is a person or corporation subject 

5 to regulation by the Office, or represents a person or cor6 poration subject to regulation by the Office, unless the 

7 person or corporation is an organization exempt from tax8 ation pursuant to section 501(c)(3) of the Internal Rev9 enue Code of 1986. 

10 Upon enactment of authorization to increase fees col11 lected pursuant to 35 U.S.C. 41, any resulting increased 

12 receipts may be collected and credited to this account as 

13 offsetting collections: Provided, That not to exceed 

14 $218,754,000 derived from such offsetting collections 

15 shall be available until expended for authorized purposes: 

16 Provided further, That not less than 58 full-time equiva17 lents, 72 positions and $5,551,000 shall be for the exam18 ination of trademark applications; and not less than 378 

19 full-time equivalents, 709 positions and $106,986,000 

20 shall be for the examination and searching of patent appli21 cations: Provided further, That not more than 20 full-time 

22 equivalents, 20 positions and $4,955,000 shall be for the 

23 Office of the General Counsel: Provided further, That the 

24 total amount appropriated from fees collected in fiscal 

25 year 2005, including such increased fees, shall not exceed 
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1 $1,533,407,000: Provided further, That in fiscal year 

2 2005, from the amounts made available for ‘‘Salaries and 

3 Expenses’’ for the United States Patent and Trademark 

4 Office (PTO), the amounts necessary to pay (1) the dif5 ference between the percentage of basic pay contributed 

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

7 5, United States Code, and the normal cost percentage 

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

9 of employees subject to subchapter III of chapter 83 of 

10 that title; and (2) the present value of the otherwise un11 funded accruing costs, as determined by the Office of Per12 sonnel Management, of post-retirement life insurance and 

13 post-retirement health benefits coverage for all PTO em14 ployees, shall be transferred to the Civil Service Retire15 ment and Disability Fund, the Employees Life Insurance 

16 Fund, and the Employees Health Benefits Fund, as ap17 propriate, and shall be available for the authorized pur18 poses of those accounts. 

19 SCIENCE AND TECHNOLOGY

20 TECHNOLOGY ADMINISTRATION

21 SALARIES AND EXPENSES

22 For necessary expenses for the Under Secretary for 

23 Technology Office of Technology Policy, $6,547,000. 
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1 NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY

2 SCIENTIFIC AND TECHNICAL RESEARCH AND SERVICES

3 For necessary expenses of the National Institute of 

4 Standards and Technology, $375,838,000, to remain 

5 available until expended, of which not to exceed 

6 $8,982,000 may be transferred to the ‘‘Working Capital 

7 Fund’’. 

8 INDUSTRIAL TECHNOLOGY SERVICES

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

11 and Technology, $106,000,000, to remain available until 

12 expended. 

13 CONSTRUCTION OF RESEARCH FACILITIES

14 For construction of new research facilities, including 

15 architectural and engineering design, and for renovation 

16 and maintenance of existing facilities, not otherwise pro17 vided for the National Institute of Standards and Tech18 nology, as authorized by 15 U.S.C. 278c–278e, 

19 $43,132,000, to remain available until expended. 

20 NATIONAL OCEANIC AND ATMOSPHERIC

21 ADMINISTRATION

22 OPERATIONS, RESEARCH, AND FACILITIES

23 (INCLUDING TRANSFER OF FUNDS)

24 For necessary expenses of activities authorized by law 

25 for the National Oceanic and Atmospheric Administration, 

26 including maintenance, operation, and hire of aircraft; 
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1 grants, contracts, or other payments to nonprofit organi2 zations for the purposes of conducting activities pursuant 

3 to cooperative agreements; and relocation of facilities as 

4 authorized, $2,245,000,000, to remain available until Sep5 tember 30, 2006: Provided, That fees and donations re6 ceived by the National Ocean Service for the management 

7 of the national marine sanctuaries may be retained and 

8 used for the salaries and expenses associated with those 

9 activities, notwithstanding 31 U.S.C. 3302: Provided fur10 ther, That, in addition, $79,000,000 shall be derived by 

11 transfer from the fund entitled ‘‘Promote and Develop 

12 Fishery Products and Research Pertaining to American 

13 Fisheries’’: Provided further, That, of the $2,337,000,000 

14 provided for in direct obligations under this heading (of 

15 which $2,245,000,000 is appropriated from the General 

16 Fund, $79,000,000 is provided by transfer, and 

17 $13,000,000 is derived from deobligations from prior 

18 years), $351,000,000 shall be for the National Ocean 

19 Service, $525,700,000 shall be for the National Marine 

20 Fisheries Service, $318,500,000 shall be for Oceanic and 

21 Atmospheric Research, $698,700,000 shall be for the Na22 tional Weather Service, $139,500,000 shall be for the Na23 tional Environmental Satellite, Data, and Information 

24 Service, and $303,600,000 shall be for Program Support: 

25 Provided further, That no general administrative charge 
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1 shall be applied against an assigned activity included in 

2 this Act or the report accompanying this Act: Provided 

3 further, That the total amount available for National Oce4 anic and Atmospheric Administration corporate services 

5 administrative support costs shall not exceed 

6 $173,600,000: Provided further, That any deviation from 

7 the amounts designated for specific activities in the report 

8 accompanying this Act, or any use of deobligated balances 

9 of funds provided under this heading in previous years 

10 shall be subject to the procedures set forth in section 605 

11 of this Act. 

12 In addition, for necessary retired pay expenses under 

13 the Retired Serviceman’s Family Protection and Survivor 

14 Benefits Plan, and for payments for medical care of re15 tired personnel and their dependents under the Depend16 ents Medical Care Act (10 U.S.C. ch. 55), such sums as 

17 may be necessary. 

18 PROCUREMENT, ACQUISITION AND CONSTRUCTION

19 For procurement, acquisition and construction of 

20 capital assets, including alteration and modification costs, 

21 of the National Oceanic and Atmospheric Administration, 

22 $840,000,000 to remain available until September 30, 

23 2007: Provided, That of the amounts provided for the Na24 tional Polar-orbiting Operational Environmental Satellite 

25 System, funds shall only be made available on a dollar for 

26 dollar matching basis with funds provided for the same 
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1 purpose by the Department of Defense: Provided further, 

2 That any use of deobligated balances of funds provided 

3 under this heading in previous years shall be subject to 

4 the procedures set forth in section 605 of this Act: Pro5 vided further, That none of the funds provided in this Act 

6 or any other Act under the heading ‘‘National Oceanic and 

7 Atmospheric Administration, Procurement, Acquisition 

8 and Construction’’ shall be used to fund the General Serv9 ices Administration’s standard construction and tenant 

10 build-out costs of a facility at the Suitland Federal Center. 

11 PACIFIC COASTAL SALMON RECOVERY

12 For necessary expenses associated with conservation 

13 and habitat restoration of Pacific salmon populations list14 ed as endangered or threatened, $80,000,000. 

15 FISHERIES FINANCE PROGRAM ACCOUNT

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

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

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

19 as defined in the Federal Credit Reform Act of 1990: Pro20 vided further, That these funds are only available to sub21 sidize gross obligations for the principal amount of direct 

22 loans not to exceed $30,000,000 for traditional loan pro23 grams, fishing capacity reduction programs, individual 

24 fishing quotas, aquaculture facilities, reconditioning of 

25 fishing vessels for the purpose of reducing bycatch or re26 ducing capacity in an overfished fishery, and the purchase 
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1 of assets sold at foreclosure instituted by the Secretary: 

2 Provided further, That none of the funds made available 

3 under this heading may be used for direct loans for any 

4 new fishing vessel that will increase the harvesting capac5 ity in any United States fishery. 

6 DEPARTMENTAL MANAGEMENT

7 SALARIES AND EXPENSES

8 For expenses necessary for the departmental manage9 ment of the Department of Commerce provided for by law, 

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

11 $52,109,000: Provided, That not to exceed 12 full-time 

12 equivalents and $1,621,000 shall be expended for the leg13 islative affairs function of the Department. 

14 OFFICE OF INSPECTOR GENERAL

15 For necessary expenses of the Office of Inspector 

16 General in carrying out the provisions of the Inspector 

17 General Act of 1978 (5 U.S.C. App.), $22,249,000. 

18 GENERAL PROVISIONS—DEPARTMENT OF COMMERCE

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

20 appropriations and funds made available to the Depart21 ment of Commerce by this Act shall be available for the 

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

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

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

25 be used for advanced payments not otherwise authorized 

26 only upon the certification of officials designated by the 
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1 Secretary of Commerce that such payments are in the 

2 public interest. 

3 SEC. 202. During the current fiscal year, appropria4 tions made available to the Department of Commerce by 

5 this Act for salaries and expenses shall be available for 

6 hire of passenger motor vehicles as authorized by 31 

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

8 3109; and uniforms or allowances therefore, as authorized 

9 by law (5 U.S.C. 5901–5902). 

10 SEC. 203. Not to exceed 5 percent of any appropria11 tion made available for the current fiscal year for the De12 partment of Commerce in this Act may be transferred be13 tween such appropriations, but no such appropriation shall 

14 be increased by more than 10 percent by any such trans15 fers: Provided, That any transfer pursuant to this section 

16 shall be treated as a reprogramming of funds under sec17 tion 605 of this Act and shall not be available for obliga18 tion or expenditure except in compliance with the proce19 dures set forth in that section: Provided further, That the 

20 Secretary of Commerce shall notify the Committees on Ap21 propriations at least 15 days in advance of the acquisition 

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

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

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

25 Judiciary, and Related Agencies Appropriations Act. 
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1 SEC. 204. Any costs incurred by a department or 

2 agency funded under this title resulting from personnel 

3 actions taken in response to funding reductions included 

4 in this title or from actions taken for the care and protec5 tion of loan collateral or grant property shall be absorbed 

6 within the total budgetary resources available to such de7 partment or agency: Provided, That the authority to trans8 fer funds between appropriations accounts as may be nec9 essary to carry out this section is provided in addition to 

10 authorities included elsewhere in this Act: Provided fur11 ther, That use of funds to carry out this section shall be 

12 treated as a reprogramming of funds under section 605 

13 of this Act and shall not be available for obligation or ex14 penditure except in compliance with the procedures set 

15 forth in that section. 

16 SEC. 205. Hereafter, none of the funds made avail17 able by this or any other Act for the Department of Com18 merce shall be available to reimburse the Unemployment 

19 Trust Fund or any other fund or account of the Treasury 

20 to pay for any expenses authorized by section 8501 of title 

21 5, United States Code, for services performed by individ22 uals appointed to temporary positions within the Bureau 

23 of the Census for purposes relating to the decennial cen24 suses of population. 
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1 This title may be cited as the ‘‘Department of Com2 merce and Related Agencies Appropriations Act, 2005’’. 

3 TITLE III—THE JUDICIARY 

4 SUPREME COURT OF THE UNITED STATES

5 SALARIES AND EXPENSES

6 For expenses necessary for the operation of the Su7 preme Court, as required by law, excluding care of the 

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

9 maintenance, and operation of an automobile for the Chief 

10 Justice, not to exceed $10,000 for the purpose of trans11 porting Associate Justices, and hire of passenger motor 

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

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

14 expenses; and for miscellaneous expenses, to be expended 

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

16 CARE OF THE BUILDING AND GROUNDS

17 For such expenditures as may be necessary to enable 

18 the Architect of the Capitol to carry out the duties im19 posed upon the Architect by the Act approved May 7, 

20 1934 (40 U.S.C. 13a–13b), $9,979,000, which shall re21 main available until expended. 
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1 UNITED STATES COURT OF APPEALS FOR THE FEDERAL

2 CIRCUIT

3 SALARIES AND EXPENSES

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

6 court, as authorized by law, $22,936,000. 

7 UNITED STATES COURT OF INTERNATIONAL TRADE

8 SALARIES AND EXPENSES

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

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

12 $14,888,000. 

13 COURTS OF APPEALS, DISTRICT COURTS, AND OTHER

14 JUDICIAL SERVICES

15 SALARIES AND EXPENSES

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

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

20 Claims, bankruptcy judges, magistrate judges, and all 

21 other officers and employees of the Federal Judiciary not 

22 otherwise specifically provided for, and necessary expenses 

23 of the courts, as authorized by law, $4,177,244,000 (in24 cluding the purchase of firearms and ammunition); of 

25 which not to exceed $27,817,000 shall remain available 
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1 until expended for space alteration projects and for fur2 niture and furnishings related to new space alteration and 

3 construction projects. 

4 In addition, for expenses of the United States Court 

5 of Federal Claims associated with processing cases under 

6 the National Childhood Vaccine Injury Act of 1986, not 

7 to exceed $3,471,000, to be appropriated from the Vaccine 

8 Injury Compensation Trust Fund. 

9 DEFENDER SERVICES

10 For the operation of Federal Defender organizations; 

11 the compensation and reimbursement of expenses of attor12 neys appointed to represent persons under the Criminal 

13 Justice Act of 1964; the compensation and reimbursement 

14 of expenses of persons furnishing investigative, expert and 

15 other services under the Criminal Justice Act of 1964 (18 

16 U.S.C. 3006A(e)); the compensation (in accordance with 

17 Criminal Justice Act maximums) and reimbursement of 

18 expenses of attorneys appointed to assist the court in 

19 criminal cases where the defendant has waived representa20 tion by counsel; the compensation and reimbursement of 

21 travel expenses of guardians ad litem acting on behalf of 

22 financially eligible minor or incompetent offenders in con23 nection with transfers from the United States to foreign 

24 countries with which the United States has a treaty for 

25 the execution of penal sentences; the compensation of at26 torneys appointed to represent jurors in civil actions for 
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1 the protection of their employment, as authorized by 28 

2 U.S.C. 1875(d); and for necessary training and general 

3 administrative expenses, $676,469,000, to remain avail4 able until expended. 

5 FEES OF JURORS AND COMMISSIONERS

6 For fees and expenses of jurors as authorized by 28 

7 U.S.C. 1871 and 1876; compensation of jury commis8 sioners as authorized by 28 U.S.C. 1863; and compensa9 tion of commissioners appointed in condemnation cases 

10 pursuant to rule 71A(h) of the Federal Rules of Civil Pro11 cedure (28 U.S.C. Appendix Rule 71A(h)), $62,800,000, 

12 to remain available until expended: Provided, That the 

13 compensation of land commissioners shall not exceed the 

14 daily equivalent of the highest rate payable under section 

15 5332 of title 5, United States Code. 

16 COURT SECURITY

17 For necessary expenses, not otherwise provided for, 

18 incident to providing protective guard services for United 

19 States courthouses and other facilities housing Federal 

20 court operations, and the procurement, installation, and 

21 maintenance of security equipment for United States 

22 courthouses and other facilities housing Federal court op23 erations, including building ingress-egress control, inspec24 tion of mail and packages, directed security patrols, perim25 eter security, basic security services provided by the De26 partment of Homeland Security, and other similar activi-
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1 ties as authorized by section 1010 of the Judicial Improve2 ment and Access to Justice Act (Public Law 100–702), 

3 $379,580,000, of which not to exceed $15,000,000 shall 

4 remain available until expended, to be expended directly 

5 or transferred to the United States Marshals Service, 

6 which shall be responsible for administering the Judicial 

7 Facility Security Program consistent with standards or 

8 guidelines agreed to by the Director of the Administrative 

9 Office of the United States Courts and the Attorney Gen10 eral. 

11 ADMINISTRATIVE OFFICE OF THE UNITED STATES

12 COURTS

13 SALARIES AND EXPENSES

14 For necessary expenses of the Administrative Office 

15 of the United States Courts as authorized by law, includ16 ing travel as authorized by 31 U.S.C. 1345, hire of a pas17 senger motor vehicle as authorized by 31 U.S.C. 1343(b), 

18 advertising and rent in the District of Columbia and else19 where, $68,635,000, of which not to exceed $8,500 is au20 thorized for official reception and representation expenses. 

21 FEDERAL JUDICIAL CENTER

22 SALARIES AND EXPENSES

23 For necessary expenses of the Federal Judicial Cen24 ter, as authorized by Public Law 90–219, $21,737,000; 

25 of which $1,800,000 shall remain available through Sep-
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1 tember 30, 2006, to provide education and training to 

2 Federal court personnel; and of which not to exceed 

3 $1,000 is authorized for official reception and representa4 tion expenses. 

5 JUDICIAL RETIREMENT FUNDS

6 PAYMENT TO JUDICIARY TRUST FUNDS

7 For payment to the Judicial Officers’ Retirement 

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

9 to the Judicial Survivors’ Annuities Fund, as authorized 

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

11 States Court of Federal Claims Judges’ Retirement Fund, 

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

13 UNITED STATES SENTENCING COMMISSION

14 SALARIES AND EXPENSES

15 For the salaries and expenses necessary to carry out 

16 the provisions of chapter 58 of title 28, United States 

17 Code, $13,304,000, of which not to exceed $1,000 is au18 thorized for official reception and representation expenses. 

19 GENERAL PROVISIONS—THE JUDICIARY

20 SEC. 301. Appropriations and authorizations made in 

21 this title which are available for salaries and expenses shall 

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

23 SEC. 302. Not to exceed 5 percent of any appropria24 tion made available for the current fiscal year for the Judi25 ciary in this Act may be transferred between such appro-
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1 priations, but no such appropriation, except ‘‘Courts of 

2 Appeals, District Courts, and Other Judicial Services, De3 fender Services’’ and ‘‘Courts of Appeals, District Courts, 

4 and Other Judicial Services, Fees of Jurors and Commis5 sioners’’, shall be increased by more than 10 percent by 

6 any such transfers: Provided, That any transfer pursuant 

7 to this section shall be treated as a reprogramming of 

8 funds under section 605 of this Act and shall not be avail9 able for obligation or expenditure except in compliance 

10 with the procedures set forth in that section. 

11 SEC. 303. Notwithstanding any other provision of 

12 law, the salaries and expenses appropriation for Courts of 

13 Appeals, District Courts, and Other Judicial Services shall 

14 be available for official reception and representation ex15 penses of the Judicial Conference of the United States: 

16 Provided, That such available funds shall not exceed 

17 $11,000 and shall be administered by the Director of the 

18 Administrative Office of the United States Courts in the 

19 capacity as Secretary of the Judicial Conference. 

20 This title may be cited as the ‘‘Judiciary Appropria21 tions Act, 2005’’. 
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1 TITLE IV—DEPARTMENT OF STATE AND 

2 RELATED AGENCY 

3 DEPARTMENT OF STATE 

4 ADMINISTRATION OF FOREIGN AFFAIRS

5 DIPLOMATIC AND CONSULAR PROGRAMS

6 For necessary expenses of the Department of State 

7 and the Foreign Service not otherwise provided for, includ8 ing employment, without regard to civil service and classi9 fication laws, of persons on a temporary basis (not to ex10 ceed $700,000 of this appropriation), as authorized by 

11 section 801 of the United States Information and Edu12 cational Exchange Act of 1948; representation to certain 

13 international organizations in which the United States 

14 participates pursuant to treaties ratified pursuant to the 

15 advice and consent of the Senate or specific Acts of Con16 gress; arms control, nonproliferation and disarmament ac17 tivities as authorized; acquisition by exchange or purchase 

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

19 expenses of general administration, $3,580,000,000: Pro20 vided, That not to exceed 71 permanent positions and 

21 $8,649,000 shall be expended for the Bureau of Legisla22 tive Affairs: Provided further, That, of the amount made 

23 available under this heading, not to exceed $4,000,000 

24 may be transferred to, and merged with, funds in the 

25 ‘‘Emergencies in the Diplomatic and Consular Service’’ 
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1 appropriations account, to be available only for emergency 

2 evacuations and terrorism rewards: Provided further, 

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

4 $319,994,000 shall be available only for public diplomacy 

5 international information programs: Provided further, 

6 That of the amount made available under this heading, 

7 $3,000,000 shall be available only for the operations of 

8 the Office on Right-Sizing the United States Government 

9 Overseas Presence: Provided further, That funds available 

10 under this heading may be available for a United States 

11 Government interagency task force to examine, coordinate 

12 and oversee United States participation in the United Na13 tions headquarters renovation project: Provided further, 

14 That no funds may be obligated or expended for proc15 essing licenses for the export of satellites of United States 

16 origin (including commercial satellites and satellite compo17 nents) to the People’s Republic of China unless, at least 

18 15 days in advance, the Committees on Appropriations of 

19 the House of Representatives and the Senate are notified 

20 of such proposed action. 

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

22 from fees collected from other executive agencies for lease 

23 or use of facilities located at the International Center in 

24 accordance with section 4 of the International Center Act; 

25 in addition, as authorized by section 5 of such Act, 
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1 $490,000, to be derived from the reserve authorized by 

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

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

4 United States Information and Educational Exchange 

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

6 expended, may be credited to this appropriation from fees 

7 or other payments received from English teaching, library, 

8 motion pictures, and publication programs and from fees 

9 from educational advising and counseling and exchange 

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

11 which shall be derived from reimbursements, surcharges, 

12 and fees for use of Blair House facilities. 

13 In addition, for the costs of worldwide security up14 grades, $658,701,000, to remain available until expended. 

15 In addition, for the costs of worldwide OpenNet and 

16 classified connectivity infrastructure, $40,000,000, to re17 main available until expended. 

18 CAPITAL INVESTMENT FUND

19 For necessary expenses of the Capital Investment 

20 Fund, $100,000,000, to remain available until expended, 

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

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

23 heading. 

24 OFFICE OF INSPECTOR GENERAL

25 For necessary expenses of the Office of Inspector 

26 General, $30,435,000, notwithstanding section 209(a)(1) 
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1 of the Foreign Service Act of 1980 (Public Law 96–465), 

2 as it relates to post inspections. 

3 EDUCATIONAL AND CULTURAL EXCHANGE PROGRAMS

4 For expenses of educational and cultural exchange 

5 programs, as authorized, $345,346,000, to remain avail6 able until expended: Provided, That not to exceed 

7 $2,000,000, to remain available until expended, may be 

8 credited to this appropriation from fees or other payments 

9 received from or in connection with English teaching, edu10 cational advising and counseling programs, and exchange 

11 visitor programs as authorized. 

12 REPRESENTATION ALLOWANCES

13 For representation allowances as authorized, 

14 $8,640,000. 

15 PROTECTION OF FOREIGN MISSIONS AND OFFICIALS

16 For expenses, not otherwise provided, to enable the 

17 Secretary of State to provide for extraordinary protective 

18 services, as authorized, $9,894,000, to remain available 

19 until September 30, 2006. 

20 EMBASSY SECURITY, CONSTRUCTION, AND MAINTENANCE

21 For necessary expenses for carrying out the Foreign 

22 Service Buildings Act of 1926 (22 U.S.C. 292–303), pre23 serving, maintaining, repairing, and planning for buildings 

24 that are owned or directly leased by the Department of 

25 State, renovating, in addition to funds otherwise available, 

26 the Harry S Truman Building, and carrying out the Dip-
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1 lomatic Security Construction Program as authorized, 

2 $611,680,000, to remain available until expended as au3 thorized, of which not to exceed $25,000 may be used for 

4 domestic and overseas representation as authorized: Pro5 vided, That none of the funds appropriated in this para6 graph shall be available for acquisition of furniture, fur7 nishings, or generators for other departments and agen8 cies. 

9 In addition, for the costs of worldwide security up10 grades, acquisition, and construction as authorized, 

11 $912,320,000, to remain available until expended. 

12 EMERGENCIES IN THE DIPLOMATIC AND CONSULAR

13 SERVICE

14 For expenses necessary to enable the Secretary of 

15 State to meet unforeseen emergencies arising in the Diplo16 matic and Consular Service, $7,000,000, to remain avail17 able until expended as authorized, of which not to exceed 

18 $1,000,000 may be transferred to and merged with the 

19 Repatriation Loans Program Account, subject to the same 

20 terms and conditions. 

21 REPATRIATION LOANS PROGRAM ACCOUNT

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

23 Provided, That such costs, including the cost of modifying 

24 such loans, shall be as defined in section 502 of the Con25 gressional Budget Act of 1974. In addition, for adminis26 trative expenses necessary to carry out the direct loan pro-
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1 gram, $607,000, which may be transferred to and merged 

2 with the Diplomatic and Consular Programs account 

3 under Administration of Foreign Affairs. 

4 PAYMENT TO THE AMERICAN INSTITUTE IN TAIWAN

5 For necessary expenses to carry out the Taiwan Rela6 tions Act (Public Law 96–8), $19,482,000. 

7 PAYMENT TO THE FOREIGN SERVICE RETIREMENT AND

8 DISABILITY FUND

9 For payment to the Foreign Service Retirement and 

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

11 INTERNATIONAL ORGANIZATIONS

12 CONTRIBUTIONS TO INTERNATIONAL ORGANIZATIONS

13 For expenses, not otherwise provided for, necessary 

14 to meet annual obligations of membership in international 

15 multilateral organizations, pursuant to treaties ratified 

16 pursuant to the advice and consent of the Senate, conven17 tions or specific Acts of Congress, $1,194,210,000, of 

18 which up to $6,000,000 may be used for the cost of a 

19 direct loan to the United Nations for the cost of ren20 ovating its headquarters in New York: Provided further, 

21 That such costs, including the cost of modifying such loan, 

22 shall be as defined in section 502 of the Congressional 

23 Budget Act of 1974: Provided further, That these funds 

24 are available to subsidize total loan principal of up to 

25 $1,200,000,000: Provided further, That any payment of 

26 arrearages under this title shall be directed toward special 
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1 activities that are mutually agreed upon by the United 

2 States and the respective international organization: Pro3 vided further, That none of the funds appropriated in this 

4 paragraph shall be available for a United States contribu5 tion to an international organization for the United States 

6 share of interest costs made known to the United States 

7 Government by such organization for loans incurred on 

8 or after October 1, 1984, through external borrowings, ex9 cept that such restriction shall not apply to loans to the 

10 United Nations for renovation of its headquarters. 

11 CONTRIBUTIONS FOR INTERNATIONAL PEACEKEEPING

12 ACTIVITIES

13 For necessary expenses to pay assessed and other ex14 penses of international peacekeeping activities directed to 

15 the maintenance or restoration of international peace and 

16 security, $650,000,000: Provided, That none of the funds 

17 made available under this Act shall be obligated or ex18 pended for any new or expanded United Nations peace19 keeping mission unless, at least 15 days in advance of vot20 ing for the new or expanded mission in the United Nations 

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

22 as is practicable): (1) the Committees on Appropriations 

23 of the House of Representatives and the Senate and other 

24 appropriate committees of the Congress are notified of the 

25 estimated cost and length of the mission, the vital national 

26 interest that will be served, and the planned exit strategy; 
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1 and (2) a reprogramming of funds pursuant to section 605 

2 of this Act is submitted, and the procedures therein fol3 lowed, setting forth the source of funds that will be used 

4 to pay for the cost of the new or expanded mission: Pro5 vided further, That funds shall be available for peace6 keeping expenses only upon a certification by the Sec7 retary of State to the appropriate committees of the Con8 gress that American manufacturers and suppliers are 

9 being given opportunities to provide equipment, services, 

10 and material for United Nations peacekeeping activities 

11 equal to those being given to foreign manufacturers and 

12 suppliers: Provided further, That none of the funds made 

13 available under this heading are available to pay the 

14 United States share of the cost of court monitoring that 

15 is part of any United Nations peacekeeping mission. 

16 INTERNATIONAL COMMISSIONS

17 For necessary expenses, not otherwise provided for, 

18 to meet obligations of the United States arising under 

19 treaties, or specific Acts of Congress, as follows: 

20 INTERNATIONAL BOUNDARY AND WATER COMMISSION, 

21 UNITED STATES AND MEXICO

22 For necessary expenses for the United States Section 

23 of the International Boundary and Water Commission, 

24 United States and Mexico, and to comply with laws appli-
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1 cable to the United States Section, including not to exceed 

2 $6,000 for representation; as follows: 

3 SALARIES AND EXPENSES

4 For salaries and expenses, not otherwise provided for, 

5 $26,800,000. 

6 CONSTRUCTION

7 For detailed plan preparation and construction of au8 thorized projects, $4,475,000, to remain available until ex9 pended, as authorized. 

10 AMERICAN SECTIONS, INTERNATIONAL COMMISSIONS

11 For necessary expenses, not otherwise provided, for 

12 the International Joint Commission and the International 

13 Boundary Commission, United States and Canada, as au14 thorized by treaties between the United States and Can15 ada or Great Britain, and for the Border Environment 

16 Cooperation Commission as authorized by Public Law 

17 103–182, $9,356,000, of which not to exceed $9,000 shall 

18 be available for representation expenses incurred by the 

19 International Joint Commission. 

20 INTERNATIONAL FISHERIES COMMISSIONS

21 For necessary expenses for international fisheries 

22 commissions, not otherwise provided for, as authorized by 

23 law, $19,097,000: Provided, That the United States’ share 

24 of such expenses may be advanced to the respective com25 missions pursuant to 31 U.S.C. 3324. 
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1 OTHER

2 PAYMENT TO THE ASIA FOUNDATION

3 For a grant to the Asia Foundation, as authorized 

4 by the Asia Foundation Act (22 U.S.C. 4402), 

5 $13,000,000, to remain available until expended, as au6 thorized. 

7 EISENHOWER EXCHANGE FELLOWSHIP PROGRAM

8 For necessary expenses of Eisenhower Exchange Fel9 lowships, Incorporated, as authorized by sections 4 and 

10 5 of the Eisenhower Exchange Fellowship Act of 1990 (20 

11 U.S.C. 5204–5205), all interest and earnings accruing to 

12 the Eisenhower Exchange Fellowship Program Trust 

13 Fund on or before September 30, 2005, to remain avail14 able until expended: Provided, That none of the funds ap15 propriated herein shall be used to pay any salary or other 

16 compensation, or to enter into any contract providing for 

17 the payment thereof, in excess of the rate authorized by 

18 5 U.S.C. 5376; or for purposes which are not in accord19 ance with OMB Circulars A–110 (Uniform Administrative 

20 Requirements) and A–122 (Cost Principles for Non-profit 

21 Organizations), including the restrictions on compensation 

22 for personal services. 

23 ISRAELI ARAB SCHOLARSHIP PROGRAM

24 For necessary expenses of the Israeli Arab Scholar25 ship Program as authorized by section 214 of the Foreign 

26 Relations Authorization Act, Fiscal Years 1992 and 1993 
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1 (22 U.S.C. 2452), all interest and earnings accruing to 

2 the Israeli Arab Scholarship Fund on or before September 

3 30, 2005, to remain available until expended. 

4 EAST-WEST CENTER

5 To enable the Secretary of State to provide for car6 rying out the provisions of the Center for Cultural and 

7 Technical Interchange Between East and West Act of 

8 1960, by grant to the Center for Cultural and Technical 

9 Interchange Between East and West in the State of Ha10 waii, $5,000,000: Provided, That none of the funds appro11 priated herein shall be used to pay any salary, or enter 

12 into any contract providing for the payment thereof, in 

13 excess of the rate authorized by 5 U.S.C. 5376. 

14 NATIONAL ENDOWMENT FOR DEMOCRACY

15 For grants made by the Department of State to the 

16 National Endowment for Democracy as authorized by the 

17 National Endowment for Democracy Act, $51,000,000 to 

18 remain available until expended. 

19 RELATED AGENCY 

20 BROADCASTING BOARD OF GOVERNORS

21 INTERNATIONAL BROADCASTING OPERATIONS

22 For expenses necessary to enable the Broadcasting 

23 Board of Governors, as authorized, to carry out inter24 national communication activities, including the purchase, 

25 installation, rent, and improvement of facilities for radio 

26 and television transmission and reception to Cuba, and to 
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1 make and supervise grants to the Middle East Television 

2 Network, including Radio Sawa, for radio and television 

3 broadcasting to the Middle East, $601,740,000; of which 

4 $6,000,000 shall remain available until expended, not to 

5 exceed $16,000 may be used for official receptions within 

6 the United States as authorized, not to exceed $35,000 

7 may be used for representation abroad as authorized, and 

8 not to exceed $39,000 may be used for official reception 

9 and representation expenses of Radio Free Europe/Radio 

10 Liberty; and in addition, notwithstanding any other provi11 sion of law, not to exceed $2,000,000 in receipts from ad12 vertising and revenue from business ventures, not to ex13 ceed $500,000 in receipts from cooperating international 

14 organizations, and not to exceed $1,000,000 in receipts 

15 from privatization efforts of the Voice of America and the 

16 International Broadcasting Bureau, to remain available 

17 until expended for carrying out authorized purposes. 

18 BROADCASTING CAPITAL IMPROVEMENTS

19 For the purchase, rent, construction, and improve20 ment of facilities for radio transmission and reception, and 

21 purchase and installation of necessary equipment for radio 

22 and television transmission and reception as authorized, 

23 $8,560,000, to remain available until expended, as author24 ized. 
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1 GENERAL PROVISIONS—DEPARTMENT OF STATE AND

2 RELATED AGENCY

3 SEC. 401. Funds appropriated under this title shall 

4 be available, except as otherwise provided, for allowances 

5 and differentials as authorized by subchapter 59 of title 

6 5, United States Code; for services as authorized by 5 

7 U.S.C. 3109; and for hire of passenger transportation pur8 suant to 31 U.S.C. 1343(b). 

9 SEC. 402. Not to exceed 5 percent of any appropria10 tion made available for the current fiscal year for the De11 partment of State in this Act may be transferred between 

12 such appropriations, but no such appropriation, except as 

13 otherwise specifically provided, shall be increased by more 

14 than 10 percent by any such transfers: Provided, That not 

15 to exceed 5 percent of any appropriation made available 

16 for the current fiscal year for the Broadcasting Board of 

17 Governors in this Act may be transferred between such 

18 appropriations, but no such appropriation, except as oth19 erwise specifically provided, shall be increased by more 

20 than 10 percent by any such transfers: Provided further, 

21 That any transfer pursuant to this section shall be treated 

22 as a reprogramming of funds under section 605 of this 

23 Act and shall not be available for obligation or expenditure 

24 except in compliance with the procedures set forth in that 

25 section. 
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1 SEC. 403. None of the funds made available in this 

2 Act may be used by the Department of State or the Broad3 casting Board of Governors to provide equipment, tech4 nical support, consulting services, or any other form of 

5 assistance to the Palestinian Broadcasting Corporation. 

6 SEC. 404. (a) The Senior Policy Operating Group on 

7 Trafficking in Persons, established under section 406 of 

8 division B of Public Law 108–7 to coordinate agency ac9 tivities regarding policies (including grants and grant poli10 cies) involving the international trafficking in persons, 

11 shall coordinate all such policies related to the activities 

12 of traffickers and victims of severe forms of trafficking. 

13 (b) None of the funds provided in this or any other 

14 Act shall be expended to perform functions that duplicate 

15 coordinating responsibilities of the Operating Group. 

16 (c) The Operating Group shall continue to report only 

17 to the authorities that appointed them pursuant to section 

18 406 of division B of Public Law 108–7. 

19 SEC. 405. (a) Subsection (b) of section 36 of the 

20 State Department Basic Authorities Act of 1956 (22 

21 U.S.C. 2708) is amended— 

22 (1) in paragraph (5) by striking ‘‘or’’ at the 

23 end; 

24 (2) in paragraph (6) by striking the period and 

25 inserting ‘‘; or’’; and 
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1 (3) by adding at the end the following new 

2 paragraph: 

3 ‘‘(7) the disruption of financial mechanisms of 

4 a foreign terrorist organization, including the use by 

5 the organization of illicit narcotics production or 

6 international narcotics trafficking— 

7 ‘‘(A) to finance acts of international ter8 rorism; or 

9 ‘‘(B) to sustain or support any terrorist or10 ganization.’’. 

11 (b) Subsection (e)(1) of such section is amended— 

12 (1) by striking ‘‘$5,000,000’’ and inserting 

13 ‘‘$25,000,000’’; 

14 (2) by striking the second period at the end; 

15 and 

16 (3) by adding at the end the following new sen17 tence: ‘‘Without first making such determination, 

18 the Secretary may authorize a reward of up to twice 

19 the amount specified in this paragraph for the cap20 ture or information leading to the capture of a lead21 er of a foreign terrorist organization.’’. 

22 (c) Subsection (e) of such section is amended by add23 ing at the end the following new paragraph: 

24 ‘‘(6) FORMS OF REWARD PAYMENT.—The Sec25 retary may make a reward under this section in the 
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1 form of money, a nonmonetary item (including such 

2 items as automotive vehicles), or a combination 

3 thereof.’’. 

4 (d) Such section is amended— 

5 (1) by redesignating subsections (i) and (j) as 

6 subsections (j) and (k), respectively; and 

7 (2) by inserting after subsection (h) the fol8 lowing new subsection: 

9 ‘‘(i) MEDIA SURVEYS AND ADVERTISEMENTS.— 

10 ‘‘(1) SURVEYS CONDUCTED.—For the purpose 

11 of more effectively disseminating information about 

12 the rewards program, the Secretary may use the re13 sources of the rewards program to conduct media 

14 surveys, including analyses of media markets, means 

15 of communication, and levels of literacy, in countries 

16 determined by the Secretary to be associated with 

17 acts of international terrorism. 

18 ‘‘(2) CREATION AND PURCHASE OF ADVERTISE19 MENTS.—The Secretary may use the resources of 

20 the rewards program to create advertisements to dis21 seminate information about the rewards program. 

22 The Secretary may base the content of such adver23 tisements on the findings of the surveys conducted 

24 under paragraph (1). The Secretary may purchase 

25 radio or television time, newspaper space, or make 
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1 use of any other means of advertisement, as appro2 priate.’’. 

3 (e) Not later than 90 days after the date of the enact4 ment of this Act, the Secretary of State shall submit to 

5 the Committees on Appropriations of the House of Rep6 resentatives and of the Senate, the Committee on Inter7 national Relations of the House of Representatives and 

8 the Committee on Foreign Relations of the Senate a plan 

9 to maximize awareness of the reward available under sec10 tion 36 of the State Department Basic Authorities Act 

11 of 1956 (22 U.S.C. 2708 et seq.) for the capture or infor12 mation leading to the capture of a leader of a foreign ter13 rorist organization who may be in Pakistan or Afghani14 stan. The Secretary may use the resources of the rewards 

15 program to prepare the plan. 

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

17 and Related Agency Appropriations Act, 2005’’. 

18 TITLE V—RELATED AGENCIES 

19 ANTITRUST MODERNIZATION COMMISSION

20 SALARIES AND EXPENSES

21 For necessary expenses of the Antitrust Moderniza22 tion Commission, as authorized by Public Law 107–273, 

23 $1,200,000, to remain available until expended. 
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1 COMMISSION FOR THE PRESERVATION OF AMERICA’S

2 HERITAGE ABROAD

3 SALARIES AND EXPENSES

4 For expenses for the Commission for the Preservation 

5 of America’s Heritage Abroad, $499,000, as authorized by 

6 section 1303 of Public Law 99–83. 

7 COMMISSION ON CIVIL RIGHTS

8 SALARIES AND EXPENSES

9 For necessary expenses of the Commission on Civil 

10 Rights, including hire of passenger motor vehicles, 

11 $9,096,000: Provided, That not to exceed $50,000 may 

12 be used to employ consultants: Provided further, That 

13 none of the funds appropriated in this paragraph shall be 

14 used to employ in excess of four full-time individuals under 

15 Schedule C of the Excepted Service exclusive of one special 

16 assistant for each Commissioner: Provided further, That 

17 none of the funds appropriated in this paragraph shall be 

18 used to reimburse Commissioners for more than 75 

19 billable days, with the exception of the chairperson, who 

20 is permitted 125 billable days. 

21 COMMISSION ON INTERNATIONAL RELIGIOUS FREEDOM

22 SALARIES AND EXPENSES

23 For necessary expenses for the United States Com24 mission on International Religious Freedom, as authorized 

25 by title II of the International Religious Freedom Act of 
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1 1998 (Public Law 105–292), $3,000,000, to remain avail2 able until expended. 

3 COMMISSION ON SECURITY AND COOPERATION IN

4 EUROPE

5 SALARIES AND EXPENSES

6 For necessary expenses of the Commission on Secu7 rity and Cooperation in Europe, as authorized by Public 

8 Law 94–304, $1,831,000, to remain available until ex9 pended as authorized by section 3 of Public Law 99–7. 

10 CONGRESSIONAL-EXECUTIVE COMMISSION ON THE

11 PEOPLE’S REPUBLIC OF CHINA

12 SALARIES AND EXPENSES

13 For necessary expenses of the Congressional-Execu14 tive Commission on the People’s Republic of China, as au15 thorized, $1,900,000, including not more than $3,000 for 

16 the purpose of official representation, to remain available 

17 until expended: Provided, That $100,000 shall be for the 

18 Political Prisoner Database. 

19 EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

20 SALARIES AND EXPENSES

21 For necessary expenses of the Equal Employment 

22 Opportunity Commission as authorized by title VII of the 

23 Civil Rights Act of 1964 (29 U.S.C. 206(d) and 621–634), 

24 the Americans with Disabilities Act of 1990, and the Civil 

25 Rights Act of 1991, including services as authorized by 
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1 5 U.S.C. 3109; hire of passenger motor vehicles as author2 ized by 31 U.S.C. 1343(b); non-monetary awards to pri3 vate citizens; and not to exceed $33,000,000 for payments 

4 to State and local enforcement agencies for services to the 

5 Commission pursuant to title VII of the Civil Rights Act 

6 of 1964, sections 6 and 14 of the Age Discrimination in 

7 Employment Act, the Americans with Disabilities Act of 

8 1990, and the Civil Rights Act of 1991, $334,944,000: 

9 Provided, That the Commission is authorized to make 

10 available for official reception and representation expenses 

11 not to exceed $2,500 from available funds: Provided fur12 ther, That the Commission may take no action to imple13 ment any workforce repositioning, restructuring, or reor14 ganization until such time as the Committee has been noti15 fied of such proposals, in accordance with the reprogram16 ming provisions of section 605 of this Act. 

17 FEDERAL COMMUNICATIONS COMMISSION

18 SALARIES AND EXPENSES

19 For necessary expenses of the Federal Communica20 tions Commission, as authorized by law, including uni21 forms and allowances therefor, as authorized by 5 U.S.C. 

22 5901–5902; not to exceed $600,000 for land and struc23 ture; not to exceed $500,000 for improvement and care 

24 of grounds and repair to buildings; not to exceed $4,000 

25 for official reception and representation expenses; pur-
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1 chase and hire of motor vehicles; special counsel fees; and 

2 services as authorized by 5 U.S.C. 3109, $279,851,000: 

3 Provided, That $272,958,000 of offsetting collections shall 

4 be assessed and collected pursuant to section 9 of title I 

5 of the Communications Act of 1934, shall be retained and 

6 used for necessary expenses in this appropriation, and 

7 shall remain available until expended: Provided further, 

8 That the sum herein appropriated shall be reduced as such 

9 offsetting collections are received during fiscal year 2005 

10 so as to result in a final fiscal year 2005 appropriation 

11 estimated at $6,893,000: Provided further, That any off12 setting collections received in excess of $272,958,000 in 

13 fiscal year 2005 shall remain available until expended, but 

14 shall not be available for obligation until October 1, 2005. 

15 FEDERAL TRADE COMMISSION

16 SALARIES AND EXPENSES

17 For necessary expenses of the Federal Trade Com18 mission, including uniforms or allowances therefor, as au19 thorized by 5 U.S.C. 5901–5902; services as authorized 

20 by 5 U.S.C. 3109; hire of passenger motor vehicles; and 

21 not to exceed $2,000 for official reception and representa22 tion expenses, $203,430,000, to remain available until ex23 pended: Provided, That not to exceed $300,000 shall be 

24 available for use to contract with a person or persons for 

25 collection services in accordance with the terms of 31 
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1 U.S.C. 3718: Provided further, That, notwithstanding any 

2 other provision of law, not to exceed $101,000,000 of off3 setting collections derived from fees collected for 

4 premerger notification filings under the Hart-Scott-Ro5 dino Antitrust Improvements Act of 1976 (15 U.S.C. 

6 18a), regardless of the year of collection, shall be retained 

7 and used for necessary expenses in this appropriation: 

8 Provided further, That $21,901,000 in offsetting collec9 tions derived from fees sufficient to implement and enforce 

10 the Telemarketing Sales Rule, promulgated under the 

11 Telephone Consumer Fraud and Abuse Prevention Act 

12 (15 U.S.C. 6101 et seq.), shall be credited to this account, 

13 and be retained and used for necessary expenses in this 

14 appropriation: Provided further, That the sum herein ap15 propriated from the general fund shall be reduced as such 

16 offsetting collections are received during fiscal year 2005, 

17 so as to result in a final fiscal year 2005 appropriation 

18 from the general fund estimated at not more than 

19 $80,529,000: Provided further, That none of the funds 

20 made available to the Federal Trade Commission may be 

21 used to implement or enforce subsections (a), (e), or 

22 (f)(2)(B) of section 43 of the Federal Deposit Insurance 

23 Act (12 U.S.C. 1831t) or section 151(b) of the Federal 

24 Deposit Insurance Corporation Improvement Act of 1991 

25 (12 U.S.C. 1831t note). 
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1 HELP COMMISSION

2 SALARIES AND EXPENSES

3 For necessary expenses of the HELP Commission, 

4 $1,000,000, to remain available until expended. 

5 LEGAL SERVICES CORPORATION

6 PAYMENT TO THE LEGAL SERVICES CORPORATION

7 For payment to the Legal Services Corporation to 

8 carry out the purposes of the Legal Services Corporation 

9 Act of 1974, $335,282,000, of which $316,604,000 is for 

10 basic field programs and required independent audits; 

11 $2,573,000 is for the Office of Inspector General, of which 

12 such amounts as may be necessary may be used to conduct 

13 additional audits of recipients; $13,160,000 is for manage14 ment and administration; and $2,945,000 is for client self15 help and information technology: Provided, That not to ex16 ceed $1,000,000 from amounts previously appropriated 

17 under this heading may be used for a student loan repay18 ment pilot program. 

19 ADMINISTRATIVE PROVISION—LEGAL SERVICES

20 CORPORATION

21 None of the funds appropriated in this Act to the 

22 Legal Services Corporation shall be expended for any pur23 pose prohibited or limited by, or contrary to any of the 

24 provisions of, sections 501, 502, 503, 504, 505, and 506 

25 of Public Law 105–119, and all funds appropriated in this 

26 Act to the Legal Services Corporation shall be subject to 
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1 the same terms and conditions set forth in such sections, 

2 except that all references in sections 502 and 503 to 1997 

3 and 1998 shall be deemed to refer instead to 2004 and 

4 2005, respectively. 

5 MARINE MAMMAL COMMISSION

6 SALARIES AND EXPENSES

7 For necessary expenses of the Marine Mammal Com8 mission as authorized by title II of Public Law 92–522, 

9 $1,890,000. 

10 NATIONAL VETERANS BUSINESS DEVELOPMENT

11 CORPORATION

12 For necessary expenses of the National Veterans 

13 Business Development Corporation as authorized under 

14 section 33(a) of the Small Business Act, $2,000,000, to 

15 remain available until expended. 

16 SECURITIES AND EXCHANGE COMMISSION

17 SALARIES AND EXPENSES

18 For necessary expenses for the Securities and Ex19 change Commission, including services as authorized by 

20 5 U.S.C. 3109, the rental of space (to include multiple 

21 year leases) in the District of Columbia and elsewhere, and 

22 not to exceed $3,000 for official reception and representa23 tion expenses, $913,000,000, to remain available until ex24 pended; of which not to exceed $10,000 may be used to25 ward funding a permanent secretariat for the Inter-
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1 national Organization of Securities Commissions; and of 

2 which not to exceed $100,000 shall be available for ex3 penses for consultations and meetings hosted by the Com4 mission with foreign governmental and other regulatory 

5 officials, members of their delegations, appropriate rep6 resentatives and staff to exchange views concerning devel7 opments relating to securities matters, development and 

8 implementation of cooperation agreements concerning se9 curities matters and provision of technical assistance for 

10 the development of foreign securities markets, such ex11 penses to include necessary logistic and administrative ex12 penses and the expenses of Commission staff and foreign 

13 invitees in attendance at such consultations and meetings 

14 including: (1) such incidental expenses as meals taken in 

15 the course of such attendance; (2) any travel and trans16 portation to or from such meetings; and (3) any other re17 lated lodging or subsistence: Provided, That fees and 

18 charges authorized by sections 6(b) of the Securities Ex19 change Act of 1933 (15 U.S.C. 77f(b)), and 13(e), 14(g) 

20 and 31 of the Securities Exchange Act of 1934 (15 U.S.C. 

21 78m(e), 78n(g), and 78ee), shall be credited to this ac22 count as offsetting collections: Provided further, That not 

23 to exceed $893,000,000 of such offsetting collections shall 

24 be available until expended for necessary expenses of this 

25 account: Provided further, That $20,000,000 shall be de-
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1 rived from prior year unobligated balances from funds pre2 viously appropriated to the Securities and Exchange Com3 mission: Provided further, That the total amount appro4 priated under this heading from the general fund for fiscal 

5 year 2005 shall be reduced as such offsetting fees are re6 ceived so as to result in a final total fiscal year 2005 ap7 propriation from the general fund estimated at not more 

8 than $0. 

9 SMALL BUSINESS ADMINISTRATION

10 SALARIES AND EXPENSES

11 For necessary expenses, not otherwise provided for, 

12 of the Small Business Administration as authorized by 

13 Public Law 106–554, including hire of passenger motor 

14 vehicles as authorized by 31 U.S.C. 1343 and 1344, and 

15 not to exceed $3,500 for official reception and representa16 tion expenses, $322,322,000: Provided, That the Adminis17 trator is authorized to charge fees to cover the cost of pub18 lications developed by the Small Business Administration, 

19 and certain loan servicing activities: Provided further, 

20 That, notwithstanding 31 U.S.C. 3302, revenues received 

21 from all such activities shall be credited to this account, 

22 to be available for carrying out these purposes without fur23 ther appropriations. 
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1 OFFICE OF INSPECTOR GENERAL

2 For necessary expenses of the Office of Inspector 

3 General in carrying out the provisions of the Inspector 

4 General Act of 1978, $14,500,000. 

5 SURETY BOND GUARANTEES REVOLVING FUND

6 For additional capital for the Surety Bond Guaran7 tees Revolving Fund, authorized by the Small Business 

8 Investment Act, as amended, $11,400,000, to remain 

9 available until expended. 

10 BUSINESS LOANS PROGRAM ACCOUNT

11 Subject to section 502 of the Congressional Budget 

12 Act of 1974, during fiscal year 2005 commitments to 

13 guarantee loans under section 503 of the Small Business 

14 Investment Act of 1958, shall not exceed $4,500,000,000: 

15 Provided further, That during fiscal year 2005 commit16 ments for general business loans authorized under section 

17 7(a) of the Small Business Act, shall not exceed 

18 $12,500,000,000: Provided further, That during fiscal 

19 year 2005 commitments to guarantee loans for debentures 

20 and participating securities under section 303(b) of the 

21 Small Business Investment Act of 1958, shall not exceed 

22 the levels established by section 20(i)(1)(C) of the Small 

23 Business Act: Provided further, That during fiscal year 

24 2005 guarantees of trust certificates authorized by section 

25 5(g) of the Small Business Act shall not exceed a principal 

26 amount of $10,000,000,000. 
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1 In addition, for administrative expenses to carry out 

2 the direct and guaranteed loan programs, $128,000,000, 

3 which may be transferred to and merged with the appro4 priations for Salaries and Expenses. 

5 DISASTER LOANS PROGRAM ACCOUNT

6 For the cost of direct loans authorized by section 7(b) 

7 of the Small Business Act, $78,887,000, to remain avail8 able until expended: Provided, That such costs, including 

9 the cost of modifying such loans, shall be as defined in 

10 section 502 of the Congressional Budget Act of 1974. 

11 In addition, for administrative expenses to carry out 

12 the direct loan program, $117,000,000, which may be 

13 transferred to and merged with appropriations for Salaries 

14 and Expenses, of which $500,000 is for the Office of In15 spector General of the Small Business Administration for 

16 audits and reviews of disaster loans and the disaster loan 

17 program and shall be transferred to and merged with ap18 propriations for the Office of Inspector General; of which 

19 $108,000,000 is for direct administrative expenses of loan 

20 making and servicing to carry out the direct loan program 

21 to remain available until expended; and of which 

22 $8,500,000 is for indirect administrative expenses: Pro23 vided, That any amount in excess of $8,500,000 to be 

24 transferred to and merged with appropriations for Salaries 

25 and Expenses for indirect administrative expenses shall be 

26 treated as a reprogramming of funds under section 605 
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1 of this Act and shall not be available for obligation or ex2 penditure except in compliance with the procedures set 

3 forth in that section. 

4 ADMINISTRATIVE PROVISION—SMALL BUSINESS

5 ADMINISTRATION

6 Not to exceed 5 percent of any appropriation made 

7 available for the current fiscal year for the Small Business 

8 Administration in this Act may be transferred between 

9 such appropriations, but no such appropriation shall be 

10 increased by more than 10 percent by any such transfers: 

11 Provided, That any transfer pursuant to this paragraph 

12 shall be treated as a reprogramming of funds under sec13 tion 605 of this Act and shall not be available for obliga14 tion or expenditure except in compliance with the proce15 dures set forth in that section. 

16 STATE JUSTICE INSTITUTE

17 SALARIES AND EXPENSES

18 For necessary expenses of the State Justice Institute, 

19 as authorized by the State Justice Institute Authorization 

20 Act of 1992 (Public Law 102–572), $2,227,000: Provided, 

21 That not to exceed $2,500 shall be available for official 

22 reception and representation expenses. 
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1 UNITED STATES-CHINA ECONOMIC AND SECURITY

2 REVIEW COMMISSION

3 SALARIES AND EXPENSES

4 For necessary expenses of the United States-China 

5 Economic and Security Review Commission, $3,000,000, 

6 including not more than $5,000 for the purpose of official 

7 representation. 

8 UNITED STATES INSTITUTE OF PEACE

9 OPERATING EXPENSES

10 For necessary expenses of the United States Institute 

11 of Peace as authorized in the United States Institute of 

12 Peace Act, $23,000,000. 

13 TITLE VI—GENERAL PROVISIONS 

14 SEC. 601. No part of any appropriation contained in 

15 this Act shall be used for publicity or propaganda purposes 

16 not authorized by the Congress. 

17 SEC. 602. No part of any appropriation contained in 

18 this Act shall remain available for obligation beyond the 

19 current fiscal year unless expressly so provided herein. 

20 SEC. 603. The expenditure of any appropriation 

21 under this Act for any consulting service through procure22 ment contract, pursuant to 5 U.S.C. 3109, shall be limited 

23 to those contracts where such expenditures are a matter 

24 of public record and available for public inspection, except 
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1 where otherwise provided under existing law, or under ex2 isting Executive order issued pursuant to existing law. 

3 SEC. 604. If any provision of this Act or the applica4 tion of such provision to any person or circumstances shall 

5 be held invalid, the remainder of the Act and the applica6 tion of each provision to persons or circumstances other 

7 than those as to which it is held invalid shall not be af8 fected thereby. 

9 SEC. 605. (a) None of the funds provided under this 

10 Act, or provided under previous appropriations Acts to the 

11 agencies funded by this Act that remain available for obli12 gation or expenditure in fiscal year 2005, or provided from 

13 any accounts in the Treasury of the United States derived 

14 by the collection of fees available to the agencies funded 

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

16 through a reprogramming of funds that: (1) creates new 

17 programs; (2) eliminates a program, project, or activity; 

18 (3) increases funds or personnel by any means for any 

19 project or activity for which funds have been denied or 

20 restricted; (4) relocates an office or employees; (5) reorga21 nizes offices, programs or activities; or (6) contracts out 

22 or privatizes any functions or activities presently per23 formed by Federal employees; unless the Appropriations 

24 Committees of both Houses of Congress are notified 15 

25 days in advance of such reprogramming of funds. 
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1 (b) None of the funds provided under this Act, or 

2 provided under previous appropriations Acts to the agen3 cies funded by this Act that remain available for obligation 

4 or expenditure in fiscal year 2005, or provided from any 

5 accounts in the Treasury of the United States derived by 

6 the collection of fees available to the agencies funded by 

7 this Act, shall be available for obligation or expenditure 

8 for activities, programs, or projects through a reprogram9 ming of funds in excess of $500,000 or 10 percent, which10 ever is less, that: (1) augments existing programs, projects 

11 or activities; (2) reduces by 10 percent funding for any 

12 existing program, project, or activity, or numbers of per13 sonnel by 10 percent as approved by Congress; or (3) re14 sults from any general savings, including savings from a 

15 reduction in personnel, which would result in a change in 

16 existing programs, activities, or projects as approved by 

17 Congress; unless the Appropriations Committees of both 

18 Houses of Congress are notified 15 days in advance of 

19 such reprogramming of funds. 

20 SEC. 606. None of the funds made available in this 

21 Act may be used for the construction, repair (other than 

22 emergency repair), overhaul, conversion, or modernization 

23 of vessels for the National Oceanic and Atmospheric Ad24 ministration in shipyards located outside of the United 

25 States. 
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1 SEC. 607. (a) It is the sense of Congress that, to the 

2 greatest extent practicable, all equipment and products 

3 purchased with funds made available in the Act should be 

4 American-made. 

5 (b) In providing financial assistance to, or entering 

6 into any contract with, any entity using funds made avail7 able in this Act, the head of each Federal agency, to the 

8 greatest extent practicable, shall provide to such entity a 

9 notice describing the statement made in subsection (a) by 

10 the Congress. 

11 (c) If it has been finally determined by a court or 

12 Federal agency that any person intentionally affixed a 

13 label bearing a ‘‘Made in America’’ inscription, or any in14 scription with the same meaning, to any product sold in 

15 or shipped to the United States that is not made in the 

16 United States, the person shall be ineligible to receive any 

17 contract or subcontract made with funds made available 

18 in this Act, pursuant to the debarment, suspension, and 

19 ineligibility procedures described in sections 9.400 through 

20 9.409 of title 48, Code of Federal Regulations. 

21 SEC. 608. None of the funds made available in this 

22 Act may be used to implement, administer, or enforce any 

23 guidelines of the Equal Employment Opportunity Com24 mission covering harassment based on religion, when it is 

25 made known to the Federal entity or official to which such 
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1 funds are made available that such guidelines do not differ 

2 in any respect from the proposed guidelines published by 

3 the Commission on October 1, 1993 (58 Fed. Reg. 

4 51266). 

5 SEC. 609. None of the funds made available by this 

6 Act may be used for any United Nations undertaking 

7 when it is made known to the Federal official having au8 thority to obligate or expend such funds that: (1) the 

9 United Nations undertaking is a peacekeeping mission; (2) 

10 such undertaking will involve United States Armed Forces 

11 under the command or operational control of a foreign na12 tional; and (3) the President’s military advisors have not 

13 submitted to the President a recommendation that such 

14 involvement is in the national security interests of the 

15 United States and the President has not submitted to the 

16 Congress such a recommendation. 

17 SEC. 610. The Departments of Commerce, Justice, 

18 and State, the Judiciary, the Securities and Exchange 

19 Commission and the Small Business Administration shall 

20 provide to the Committees on Appropriations of the Sen21 ate and of the House of Representatives a quarterly ac22 counting of the cumulative balances of any unobligated 

23 funds that were received by such agency during any pre24 vious fiscal year. 
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1 SEC. 611. (a) None of the funds appropriated or oth2 erwise made available by this Act shall be expended for 

3 any purpose for which appropriations are prohibited by 

4 section 609 of the Departments of Commerce, Justice, and 

5 State, the Judiciary, and Related Agencies Appropriations 

6 Act, 1999. 

7 (b) The requirements in subparagraphs (A) and (B) 

8 of section 609 of that Act shall continue to apply during 

9 fiscal year 2005. 

10 SEC. 612. Any costs incurred by a department or 

11 agency funded under this Act resulting from personnel ac12 tions taken in response to funding reductions included in 

13 this Act shall be absorbed within the total budgetary re14 sources available to such department or agency: Provided, 

15 That the authority to transfer funds between appropria16 tions accounts as may be necessary to carry out this sec17 tion is provided in addition to authorities included else18 where in this Act: Provided further, That use of funds to 

19 carry out this section shall be treated as a reprogramming 

20 of funds under section 605 of this Act and shall not be 

21 available for obligation or expenditure except in compli22 ance with the procedures set forth in that section. 

23 SEC. 613. None of the funds provided by this Act 

24 shall be available to promote the sale or export of tobacco 

25 or tobacco products, or to seek the reduction or removal 
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1 by any foreign country of restrictions on the marketing 

2 of tobacco or tobacco products, except for restrictions 

3 which are not applied equally to all tobacco or tobacco 

4 products of the same type. 

5 SEC. 614. (a) None of the funds appropriated or oth6 erwise made available by this Act shall be expended for 

7 any purpose for which appropriations are prohibited by 

8 section 616 of the Departments of Commerce, Justice, and 

9 State, the Judiciary, and Related Agencies Appropriations 

10 Act, 1999. 

11 (b) The requirements in subsections (b) and (c) of 

12 section 616 of that Act shall continue to apply during fis13 cal year 2005. 

14 SEC. 615. None of the funds appropriated pursuant 

15 to this Act or any other provision of law may be used for— 

16 (1) the implementation of any tax or fee in con17 nection with the implementation of subsection 922(t) 

18 of title 18, United States Code; and 

19 (2) any system to implement subsection 922(t) 

20 of title 18, United States Code, that does not re21 quire and result in the destruction of any identifying 

22 information submitted by or on behalf of any person 

23 who has been determined not to be prohibited from 

24 possessing or receiving a firearm no more than 24 

25 hours after the system advises a Federal firearms li-
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1 censee that possession or receipt of a firearm by the 

2 prospective transferee would not violate subsection 

3 (g) or (n) of section 922 of title 18, United States 

4 Code, or State law. 

5 SEC. 616. Notwithstanding any other provision of 

6 law, amounts deposited or available in the Fund estab7 lished under 42 U.S.C. 10601 in any fiscal year in excess 

8 of $650,000,000 shall not be available for obligation until 

9 the following fiscal year. 

10 SEC. 617. None of the funds made available to the 

11 Department of Justice in this Act may be used to discrimi12 nate against or denigrate the religious or moral beliefs of 

13 students who participate in programs for which financial 

14 assistance is provided from those funds, or of the parents 

15 or legal guardians of such students. 

16 SEC. 618. None of the funds appropriated or other17 wise made available to the Department of State shall be 

18 available for the purpose of granting either immigrant or 

19 nonimmigrant visas, or both, consistent with the deter20 mination of the Secretary of State under section 243(d) 

21 of the Immigration and Nationality Act, to citizens, sub22 jects, nationals, or residents of countries that the Sec23 retary of Homeland Security has determined deny or un24 reasonably delay accepting the return of citizens, subjects, 

25 nationals, or residents under that section. 
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1 SEC. 619. None of the funds made available to the 

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

3 purpose of transporting an individual who is a prisoner 

4 pursuant to conviction for crime under State or Federal 

5 law and is classified as a maximum or high security pris6 oner, other than to a prison or other facility certified by 

7 the Federal Bureau of Prisons as appropriately secure for 

8 housing such a prisoner. 

9 SEC. 620. (a) None of the funds appropriated by this 

10 Act may be used by Federal prisons to purchase cable tele11 vision services, to rent or purchase videocassettes, video12 cassette recorders, or other audiovisual or electronic equip13 ment used primarily for recreational purposes. 

14 (b) The preceding sentence does not preclude the 

15 renting, maintenance, or purchase of audiovisual or elec16 tronic equipment for inmate training, religious, or edu17 cational programs. 

18 SEC. 621. None of the funds made available in this 

19 Act may be transferred to any department, agency, or in20 strumentality of the United States Government, except 

21 pursuant to a transfer made by, or transfer authority pro22 vided in, this Act or any other appropriation Act. 

23 SEC. 622. The Departments of Commerce, Justice, 

24 State, the Judiciary, the Securities and Exchange Com25 mission and the Small Business Administration shall, not 
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1 later than two months after the date of the enactment of 

2 this Act, certify that telecommuting opportunities are 

3 made available to 100 percent of the eligible workforce: 

4 Provided, That, of the total amounts appropriated to the 

5 Departments of Commerce, Justice, State, the Judiciary, 

6 the Securities and Exchange Commission and the Small 

7 Business Administration, $5,000,000 shall be available 

8 only upon such certification: Provided further, That each 

9 Department or agency shall provide quarterly reports to 

10 the Committees on Appropriations on the status of tele11 commuting programs, including the number of Federal 

12 employees eligible for, and participating in, such pro13 grams: Provided further, That each Department or agency 

14 shall designate a ‘‘Telework Coordinator’’ to be respon15 sible for overseeing the implementation and operations of 

16 telecommuting programs, and serve as a point of contact 

17 on such programs for the Committees on Appropriations. 

18 SEC. 623. (a) Tracing studies conducted by the Bu19 reau of Alcohol, Tobacco, Firearms and Explosives are re20 leased without adequate disclaimers regarding the limita21 tions of the data. 

22 (b) The Bureau of Alcohol, Tobacco, Firearms and 

23 Explosives shall include in all such data releases, language 

24 similar to the following that would make clear that trace 
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1 data cannot be used to draw broad conclusions about fire2 arms-related crime: 

3 (1) Firearm traces are designed to assist law 

4 enforcement authorities in conducting investigations 

5 by tracking the sale and possession of specific fire6 arms. Law enforcement agencies may request fire7 arms traces for any reason, and those reasons are 

8 not necessarily reported to the Federal Government. 

9 Not all firearms used in crime are traced and not all 

10 firearms traced are used in crime. 

11 (2) Firearms selected for tracing are not chosen 

12 for purposes of determining which types, makes or 

13 models of firearms are used for illicit purposes. The 

14 firearms selected do not constitute a random sample 

15 and should not be considered representative of the 

16 larger universe of all firearms used by criminals, or 

17 any subset of that universe. Firearms are normally 

18 traced to the first retail seller, and sources reported 

19 for firearms traced do not necessarily represent the 

20 sources or methods by which firearms in general are 

21 acquired for use in crime. 

22 SEC. 624. None of the funds appropriated or other23 wise made available under this Act may be used to issue 

24 patents on claims directed to or encompassing a human 

25 organism. 
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1 SEC. 625. None of the funds made available in this 

2 Act may be used to pay expenses for any United States 

3 delegation to the United Nations Human Rights Commis4 sion if such commission is chaired or presided over by a 

5 country, the government of which the Secretary of State 

6 has determined, for purposes of section 6(j)(1) of the Ex7 port Administration Act of 1979 (50 U.S.C. App. 

8 2405(j)(1)), has repeatedly provided support for acts of 

9 international terrorism. 

10 SEC. 626. Section 604 of the Secure Embassy Con11 struction and Counterterrorism Act of 1999 (title VI of 

12 division A of H.R. 3427, as enacted by section 1000(a)(7) 

13 of Public Law 106–113) is amended by adding the fol14 lowing new subsection at the end: 

15 ‘‘(e) CAPITAL SECURITY COST SHARING.— 

16 ‘‘(1) AUTHORITY.—Notwithstanding any other 

17 provision of law, all agencies with personnel overseas 

18 subject to chief of mission authority pursuant to sec19 tion 207 of the Foreign Service Act of 1980 (22 

20 U.S.C. 3927) shall participate and provide funding 

21 in advance for their share of costs of providing new, 

22 safe, secure United States diplomatic facilities, with23 out offsets, on the basis of the total overseas pres24 ence of each agency as determined annually by the 

25 Secretary of State in consultation with such agency. 
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1 Amounts advanced by such agencies to the Depart2 ment of State shall be credited to the Embassy Se3 curity, Construction and Maintenance account, and 

4 remain available until expended. 

5 ‘‘(2) IMPLEMENTATION.—Implementation of 

6 this subsection shall be carried out in a manner that 

7 encourages right-sizing of each agency’s overseas 

8 presence. 

9 ‘‘(3) EXCLUSION.—For purposes of this sub10 section ‘agency’ does not include the Marine Secu11 rity Guard.’’. 

12 TITLE VII—RESCISSIONS 

13 DEPARTMENT OF JUSTICE 

14 OFFICE OF JUSTICE PROGRAMS

15 STATE AND LOCAL LAW ENFORCEMENT ASSISTANCE

16 (RESCISSION)

17 Of the unobligated balances available under this 

18 heading, $20,000,000 are rescinded. 

19 COMMUNITY ORIENTED POLICING SERVICES

20 (RESCISSION)

21 Of the unobligated balances available under this 

22 heading, $61,000,000 are rescinded. 

23 This Act may be cited as the ‘‘Departments of Com24 merce, Justice, and State, the Judiciary, and Related 

25 Agencies Appropriations Act, 2005’’. 

Union Calendar No. 340 

108TH CONGRESS 

2D SESSION H. R. 4754 

[Report No. 108–576] 

A BILL 

Making appropriations for the Departments of 

tember 30, 2005, and for other purposes. related agencies for the fiscal year ending SepCommerce, Justice, and State, the Judiciary, and 

JULY 1, 2004 

Committed to the Committee of the Whole House on the 

State of the Union and ordered to be printed