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[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4754 Reported in House (RH)]

                                                 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.

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

                     TITLE I--DEPARTMENT OF JUSTICE

                         General Administration

                         salaries and expenses

    For expenses necessary for the administration of the Department of 
Justice, $124,906,000, of which not to exceed $3,317,000 is for the 
Facilities Program 2000, to remain available until expended: Provided, 
That not to exceed 45 permanent positions and 46 full-time equivalent 
workyears and $11,078,000 shall be expended for the Department 
Leadership Program exclusive of augmentation that occurred in these 
offices in fiscal year 2004: Provided further, That not to exceed 26 
permanent positions, 21 full-time equivalent workyears and $3,305,000 
shall be expended for the Office of Legislative Affairs: Provided 
further, That not to exceed 15 permanent positions, 20 full-time 
equivalent workyears and $1,990,000 shall be expended for the Office of 
Public Affairs: Provided further, That the latter two aforementioned 
offices may utilize non-reimbursable details of career employees within 
the caps described in the preceding two provisos.

                     joint automated booking system

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

         integrated automated fingerprint identification system

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

                   legal activities office automation

    For necessary expenses related to the design, development, 
engineering, acquisition, and implementation of office automation 
systems for the organizations funded under the headings ``Salaries and 
Expenses, General Legal Activities'', and ``General Administration, 
Salaries and Expenses'', and the United States Attorneys, the United 
States Marshals Service, the Antitrust Division, the United States 
Trustee Program, the Executive Office for Immigration Review, the 
Community Relations Service, the Bureau of Prisons, the Office of 
Justice Programs, and the United States Parole Commission, $50,000,000, 
to remain available until September 30, 2006.

                       narrowband communications

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

                   administrative review and appeals

    For expenses necessary for the administration of pardon and 
clemency petitions and immigration-related activities, $202,518,000.

                           detention trustee

    For necessary expenses of the Federal Detention Trustee, 
$938,810,000, to remain available until expended: Provided, That the 
Trustee shall be responsible for managing the Justice Prisoner and 
Alien Transportation System and for overseeing housing related to such 
detention: Provided further, That any unobligated balances available in 
prior years from the funds appropriated under the heading ``Federal 
Prisoner Detention'' shall be transferred to and merged with the 
appropriation under the heading ``Detention Trustee'' and shall be 
available until expended. Provided further, That the Trustee, working 
in consultation with the Bureau of Prisons, shall submit a plan for 
collecting information related to evaluating the health and safety of 
Federal prisoners in non-Federal institutions no later than 180 days 
following the enactment of this Act.

                      office of inspector general

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

                    United States Parole Commission

                         salaries and expenses

    For necessary expenses of the United States Parole Commission as 
authorized, $10,650,000.

                            Legal Activities

            salaries and expenses, general legal activities

    For expenses necessary for the legal activities of the Department 
of Justice, not otherwise provided for, including not to exceed $20,000 
for expenses of collecting evidence, to be expended under the direction 
of, and to be accounted for solely under the certificate of, the 
Attorney General; and rent of private or Government-owned space in the 
District of Columbia, $639,314,000, of which not to exceed $10,000,000 
for litigation support contracts shall remain available until expended: 
Provided, That none of the funds made available in this Act shall be 
used in any way whatsoever to support or justify the use of torture by 
any official or contract employee of the United States Government: 
Provided further, That of the total amount appropriated, not to exceed 
$1,000 shall be available to the United States National Central Bureau, 
INTERPOL, for official reception and representation expenses: Provided 
further, That notwithstanding any other provision of law, upon a 
determination by the Attorney General that emergent circumstances 
require additional funding for litigation activities of the Civil 
Division, the Attorney General may transfer such amounts to ``Salaries 
and Expenses, General Legal Activities'' from available appropriations 
for the current fiscal year for the Department of Justice, as may be 
necessary to respond to such circumstances: Provided further, That any 
transfer pursuant to the previous proviso shall be treated as a 
reprogramming under section 605 of this Act and shall not be available 
for obligation or expenditure except in compliance with the procedures 
set forth in that section.
    In addition, for reimbursement of expenses of the Department of 
Justice associated with processing cases under the National Childhood 
Vaccine Injury Act of 1986, not to exceed $6,333,000, to be 
appropriated from the Vaccine Injury Compensation Trust Fund.

               salaries and expenses, antitrust division

    For expenses necessary for the enforcement of antitrust and kindred 
laws, $135,463,000, to remain available until expended: Provided, That, 
notwithstanding any other provision of law, not to exceed $101,000,000 
of offsetting collections derived from fees collected for premerger 
notification filings under the Hart-Scott-Rodino Antitrust Improvements 
Act of 1976 (15 U.S.C. 18a), regardless of the year of collection, 
shall be retained and used for necessary expenses in this 
appropriation, and shall remain available until expended: Provided 
further, That the sum herein appropriated from the general fund shall 
be reduced as such offsetting collections are received during fiscal 
year 2005, so as to result in a final fiscal year 2005 appropriation 
from the general fund estimated at not more than $34,463,000.

             salaries and expenses, united states attorneys

    For necessary expenses of the Offices of the United States 
Attorneys, including inter-governmental and cooperative agreements, 
$1,535,000,000; of which not to exceed $2,500,000 shall be available 
until September 30, 2006, for: (1) training personnel in debt 
collection; (2) locating debtors and their property; (3) paying the net 
costs of selling property; and (4) tracking debts owed to the United 
States Government: Provided, That of the total amount appropriated, not 
to exceed $8,000 shall be available for official reception and 
representation expenses: Provided further, That not to exceed 
$10,000,000 of those funds available for automated litigation support 
contracts shall remain available until expended: Provided further, 
That, in addition to reimbursable full-time equivalent workyears 
available to the Offices of the United States Attorneys, not to exceed 
10,238 positions and 10,361 full-time equivalent workyears shall be 
supported from the funds appropriated in this Act for the United States 
Attorneys.

                   united states trustee system fund

    For necessary expenses of the United States Trustee Program, as 
authorized, $172,850,000, to remain available until expended and to be 
derived from the United States Trustee System Fund: Provided, That, 
notwithstanding any other provision of law, deposits to the Fund shall 
be available in such amounts as may be necessary to pay refunds due 
depositors: Provided further, That, notwithstanding any other provision 
of law, $172,850,000 of offsetting collections pursuant to 28 U.S.C. 
589a(b) shall be retained and used for necessary expenses in this 
appropriation and remain available until expended: Provided further, 
That the sum herein appropriated from the Fund shall be reduced as such 
offsetting collections are received during fiscal year 2005, so as to 
result in a final fiscal year 2005 appropriation from the Fund 
estimated at $0.

      salaries and expenses, foreign claims settlement commission

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

         salaries and expenses, united states marshals service

    For necessary expenses of the United States Marshals Service, 
$752,070,000; of which $17,472,000 shall be available for 106 
supervisory deputy marshal positions for courthouse security; of which 
not to exceed $6,000 shall be available for official reception and 
representation expenses; and of which $4,000,000 for information 
technology systems shall remain available until expended; of which not 
less than $8,221,000 shall be available for the costs of courthouse 
security equipment, including furnishings, relocations, and telephone 
systems and cabling, and shall remain available until September 30, 
2006: Provided, That, in addition to reimbursable full-time equivalent 
workyears available to the United States Marshals Service, not to 
exceed 4,578 positions and 4,404 full-time equivalent workyears shall 
be supported from the funds appropriated in this Act for the United 
States Marshals Service.

                              construction

    For construction of United States Marshals Service prisoner-holding 
space in United States courthouses and Federal buildings, $1,371,000, 
to remain available until expended.

                     fees and expenses of witnesses

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

           salaries and expenses, community relations service

    For necessary expenses of the Community Relations Service, 
$9,833,000: Provided, That notwithstanding any other provision of law, 
upon a determination by the Attorney General that emergent 
circumstances require additional funding for conflict resolution and 
violence prevention activities of the Community Relations Service, the 
Attorney General may transfer such amounts to the Community Relations 
Service, from available appropriations for the current fiscal year for 
the Department of Justice, as may be necessary to respond to such 
circumstances: Provided further, That any transfer pursuant to the 
previous proviso shall be treated as a reprogramming under section 605 
of this Act and shall not be available for obligation or expenditure 
except in compliance with the procedures set forth in that section.

                         assets forfeiture fund

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

         payment to radiation exposure compensation trust fund

    In addition to amounts appropriated by subsection 3(e) of the 
Radiation Exposure Compensation Act (42 U.S. Code 2210 note), 
$72,000,000 for payment to the Radiation Exposure Compensation Trust 
Fund, to remain available until expended.

                      Interagency Law Enforcement

                 interagency crime and drug enforcement

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

                    Federal Bureau of Investigation

                         salaries and expenses

    For necessary expenses of the Federal Bureau of Investigation for 
detection, investigation, and prosecution of crimes against the United 
States; including purchase for police-type use of not to exceed 2,988 
passenger motor vehicles, of which 2,619 will be for replacement only; 
and not to exceed $70,000 to meet unforeseen emergencies of a 
confidential character pursuant to 28 U.S.C. 530C, $5,205,028,000; of 
which not to exceed $150,000,000 shall remain available until expended; 
of which $916,000,000 shall be for counterterrorism investigations, 
foreign counterintelligence, and other activities related to our 
national security; of which $56,349,000 shall be for the operations, 
equipment, and facilities of the Foreign Terrorist Tracking Task Force; 
and of which not to exceed $20,000,000 is authorized to be made 
available for making advances for expenses arising out of contractual 
or reimbursable agreements with State and local law enforcement 
agencies while engaged in cooperative activities related to violent 
crime, terrorism, organized crime, gang-related crime, cybercrime, and 
drug investigations: Provided, That not to exceed $200,000 shall be 
available for official reception and representation expenses: Provided 
further, That, in addition to reimbursable full-time equivalent 
workyears available to the Federal Bureau of Investigation, not to 
exceed 30,078 positions and 29,102 full-time equivalent workyears shall 
be supported from the funds appropriated in this Act for the Federal 
Bureau of Investigation.

                              construction

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

                    Drug Enforcement Administration

                         salaries and expenses

    For necessary expenses of the Drug Enforcement Administration, 
including not to exceed $70,000 to meet unforeseen emergencies of a 
confidential character pursuant to 28 U.S.C. 530C; expenses for 
conducting drug education and training programs, including travel and 
related expenses for participants in such programs and the distribution 
of items of token value that promote the goals of such programs; and 
purchase of not to exceed 1,461 passenger motor vehicles, of which 
1,346 will be for replacement only, for police-type use, 
$1,661,503,000; of which not to exceed $75,000,000 shall remain 
available until expended; and of which not to exceed $100,000 shall be 
available for official reception and representation expenses: Provided, 
That, in addition to reimbursable full-time equivalent workyears 
available to the Drug Enforcement Administration, not to exceed 8,440 
positions and 8,289 full-time equivalent workyears shall be supported 
from the funds appropriated in this Act for the Drug Enforcement 
Administration: Provided further, That not to exceed $8,100,000 from 
prior year unobligated balances shall be available for the design, 
construction and ownership of a clandestine laboratory training 
facility and shall remain available until expended.

          Bureau of Alcohol, Tobacco, Firearms and Explosives

                         salaries and expenses

    For necessary expenses of the Bureau of Alcohol, Tobacco, Firearms 
and Explosives, including the purchase of not to exceed 822 vehicles 
for police-type use, of which 650 shall be for replacement only; not to 
exceed $18,000 for official reception and representation expenses; for 
training of State and local law enforcement agencies with or without 
reimbursement, including training in connection with the training and 
acquisition of canines for explosives and fire accelerants detection; 
and for provision of laboratory assistance to State and local law 
enforcement agencies, with or without reimbursement, $870,357,000, of 
which not to exceed $1,000,000 shall be available for the payment of 
attorneys' fees as provided by 18 U.S.C. 924(d)(2); and of which 
$10,000,000 shall remain available until expended: Provided, That no 
funds appropriated herein shall be available for salaries or 
administrative expenses in connection with consolidating or 
centralizing, within the Department of Justice, the records, or any 
portion thereof, of acquisition and disposition of firearms maintained 
by Federal firearms licensees: Provided further, That no funds 
appropriated herein shall be used to pay administrative expenses or the 
compensation of any officer or employee of the United States to 
implement an amendment or amendments to 27 CFR 178.118 or to change the 
definition of ``Curios or relics'' in 27 CFR 178.11 or remove any item 
from ATF Publication 5300.11 as it existed on January 1, 1994: Provided 
further, That none of the funds appropriated herein shall be available 
to investigate or act upon applications for relief from Federal 
firearms disabilities under 18 U.S.C. 925(c): Provided further, That 
such funds shall be available to investigate and act upon applications 
filed by corporations for relief from Federal firearms disabilities 
under section 925(c) of title 18, United States Code: Provided further, 
That no funds made available by this or any other Act may be used to 
transfer the functions, missions, or activities of the Bureau of 
Alcohol, Tobacco, Firearms and Explosives to other agencies or 
Departments in fiscal year 2005: Provided further, That no funds 
appropriated under this or any other Act with respect to any fiscal 
year may be used to disclose part or all of the contents of the 
Firearms Trace System database maintained by the National Trace Center 
of the Bureau of Alcohol, Tobacco, Firearms, and Explosives or any 
information required to be kept by licensees pursuant to section 923(g) 
of title 18, United States Code, or required to be reported pursuant to 
paragraphs (3) and (7) of such section 923(g), to anyone other than a 
Federal, State, or local law enforcement agency or a prosecutor solely 
in connection with and for use in a bona fide criminal investigation or 
prosecution and then only such information as pertains to the 
geographic jurisdiction of the law enforcement agency requesting the 
disclosure and not for use in any civil action or proceeding other than 
an action or proceeding commenced by the Bureau of Alcohol, Tobacco, 
Firearms, and Explosives, or a review of such an action or proceeding, 
to enforce the provisions of chapter 44 of such title, and all such 
data shall be immune from legal process and shall not be subject to 
subpoena or other discovery in any civil action in a State or Federal 
court or in any administrative proceeding other than a proceeding 
commenced by the Bureau of Alcohol, Tobacco, Firearms, and Explosives 
to enforce the provisions of that chapter, or a review of such an 
action or proceeding; except that this proviso shall not be construed 
to prevent the disclosure of statistical information concerning total 
production, importation, and exportation by each licensed importer (as 
defined in section 921(a)(9) of such title) and licensed manufacturer 
(as defined in section 921(a)(10) of such title): Provided further, 
That no funds made available by this or any other Act shall be expended 
to promulgate or implement any rule requiring a physical inventory of 
any business licensed under section 923 of title 18, United States 
Code: Provided further, That no funds under this Act may be used to 
electronically retrieve information gathered pursuant to 18 U.S.C. 
923(g)(4) by name or any personal identification code: Provided 
further, That no funds authorized or made available under this or any 
other Act may be used to deny any application for a license under 
section 923 of title 18, United States Code, or renewal of such a 
license due to a lack of business activity, provided that the applicant 
is otherwise eligible to receive such a license, and is eligible to 
report business income or to claim an income tax deduction for business 
expenses under the Internal Revenue Code of 1986.

                         Federal Prison System

                         salaries and expenses

    For expenses necessary for the administration, operation, and 
maintenance of Federal penal and correctional institutions, including 
purchase (not to exceed 780, of which 649 are for replacement only) and 
hire of law enforcement and passenger motor vehicles, and for the 
provision of technical assistance and advice on corrections related 
issues to foreign governments, $4,567,232,000: Provided, That the 
Attorney General may transfer to the Health Resources and Services 
Administration such amounts as may be necessary for direct expenditures 
by that Administration for medical relief for inmates of Federal penal 
and correctional institutions: Provided further, That the Director of 
the Federal Prison System, where necessary, may enter into contracts 
with a fiscal agent/fiscal intermediary claims processor to determine 
the amounts payable to persons who, on behalf of the Federal Prison 
System, furnish health services to individuals committed to the custody 
of the Federal Prison System: Provided further, That not to exceed 
$6,000 shall be available for official reception and representation 
expenses: Provided further, That not to exceed $50,000,000 shall remain 
available until September 30, 2006: Provided further, That, of the 
amounts provided for Contract Confinement, not to exceed $20,000,000 
shall remain available until expended to make payments in advance for 
grants, contracts and reimbursable agreements, and other expenses 
authorized by section 501(c) of the Refugee Education Assistance Act of 
1980, for the care and security in the United States of Cuban and 
Haitian entrants: Provided further, That the Director of the Federal 
Prison System may accept donated property and services relating to the 
operation of the prison card program from a not-for-profit entity which 
has operated such program in the past notwithstanding the fact that 
such not-for-profit entity furnishes services under contracts to the 
Federal Prison System relating to the operation of pre-release 
services, halfway houses or other custodial facilities.

                        buildings and facilities

    For planning, acquisition of sites and construction of new 
facilities; purchase and acquisition of facilities and remodeling, and 
equipping of such facilities for penal and correctional use, including 
all necessary expenses incident thereto, by contract or force account; 
and constructing, remodeling, and equipping necessary buildings and 
facilities at existing penal and correctional institutions, including 
all necessary expenses incident thereto, by contract or force account, 
$189,000,000, to remain available until expended, of which not to 
exceed $14,000,000 shall be available to construct areas for inmate 
work programs: Provided, That labor of United States prisoners may be 
used for work performed under this appropriation: Provided further, 
That not to exceed 10 percent of the funds appropriated to ``Buildings 
and Facilities'' in this or any other Act may be transferred to 
``Salaries and Expenses'', Federal Prison System, upon notification by 
the Attorney General to the Committees on Appropriations of the House 
of Representatives and the Senate in compliance with provisions set 
forth in section 605 of this Act.

                federal prison industries, incorporated

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

   limitation on administrative expenses, federal prison industries, 
                              incorporated

    Not to exceed $3,429,000 of the funds of the corporation shall be 
available for its administrative expenses, and for services as 
authorized by 5 U.S.C. 3109, to be computed on an accrual basis to be 
determined in accordance with the corporation's current prescribed 
accounting system, and such amounts shall be exclusive of depreciation, 
payment of claims, and expenditures which such accounting system 
requires to be capitalized or charged to cost of commodities acquired 
or produced, including selling and shipping expenses, and expenses in 
connection with acquisition, construction, operation, maintenance, 
improvement, protection, or disposition of facilities and other 
property belonging to the corporation or in which it has an interest.

                       Office of Justice Programs

                           justice assistance

    For grants, contracts, cooperative agreements, and other assistance 
authorized by title I of the Omnibus Crime Control and Safe Streets Act 
of 1968, the Missing Children's Assistance Act, including salaries and 
expenses in connection therewith, the Prosecutorial Remedies and Other 
Tools to end the Exploitation of Children Today Act of 2003 (Public Law 
108-21), and the Victims of Crime Act of 1984, $217,000,000, to remain 
available until expended.

               state and local law enforcement assistance

    For grants, contracts, cooperative agreements, and other assistance 
authorized by the Violent Crime Control and Law Enforcement Act of 1994 
(Public Law 103-322) (``the 1994 Act''); the Omnibus Crime Control and 
Safe Streets Act of 1968 (``the 1968 Act''); the Victims of Trafficking 
and Violence Protection Act of 2000 (Public Law 106-386); and other 
programs; $1,255,037,000 (including amounts for administrative costs, 
which shall be transferred to and merged with the ``Justice 
Assistance'' account): Provided, That funding provided under this 
heading shall remain available until expended, as follows--
            (1) $634,000,000 for the Edward Byrne Memorial Justice 
        Assistance Grant program pursuant to the amendments made by 
        section 201 of H.R. 3036 of the 108th Congress, as passed by 
        the House of Representatives on March 30, 2004 (except that the 
        special rules for Puerto Rico established pursuant to such 
        amendments shall not apply for purposes of this Act), of 
        which--
                    (A) $80,000,000 shall be for Boys and Girls Clubs 
                in public housing facilities and other areas in 
                cooperation with State and local law enforcement, as 
                authorized by section 401 of Public Law 104-294 (42 
                U.S.C. 13751 note);
                    (B) $15,000,000 shall be available for the National 
                Institute of Justice in assisting units of local 
                government to identify, select, develop, modernize, and 
                purchase new technologies for use by law enforcement, 
                of which not to exceed $1,000,000 shall be for use by 
                the Bureau of Justice Statistics to collect data 
                necessary for carrying out this program; and
                    (C) $5,000,000 for USA Freedom Corps activities;
            (2) $325,000,000 for the State Criminal Alien Assistance 
        Program, as authorized by section 242(j) of the Immigration and 
        Nationality Act;
            (3) $15,000,000 for assistance to Indian tribes, of which--
                    (A) $2,000,000 shall be available for grants under 
                section 20109(a)(2) of subtitle A of title II of the 
                1994 Act;
                    (B) $8,000,000 shall be available for the Tribal 
                Courts Initiative; and
                    (C) $5,000,000 shall be available for demonstration 
                projects on alcohol and crime in Indian Country;
            (4) $110,000,000 for discretionary grants authorized by 
        subpart 2 of part E, of title I of the 1968 Act, 
        notwithstanding the provisions of section 511 of said Act;
            (5) $10,000,000 for victim services programs for victims of 
        trafficking, as authorized by section 107(b)(2) of Public Law 
        106-386;
            (6) $883,000 for the Missing Alzheimer's Disease Patient 
        Alert Program, as authorized by section 240001(c) of the 1994 
        Act;
            (7) $50,000,000 for Drug Courts, as authorized by Part EE 
        of the 1968 Act;
            (8) $1,979,000 for public awareness programs addressing 
        marketing scams aimed at senior citizens, as authorized by 
        section 250005(3) of the 1994 Act;
            (9) $10,000,000 for a prescription drug monitoring program;
            (10) $52,175,000 for prison rape prevention and prosecution 
        programs as authorized by the Prison Rape Elimination Act of 
        2003 (Public Law 108-79), of which $2,175,000 shall be 
        transferred to the National Prison Rape Reduction Commission 
        for authorized activities;
            (11) $35,000,000 for grants for residential substance abuse 
        treatment for State prisoners, as authorized by part S of the 
        1968 Act;
            (12) $10,000,000 for a program to improve State and local 
        law enforcement intelligence capabilities including training to 
        ensure that constitutional rights, civil liberties, civil 
        rights, and privacy interests are protected throughout the 
        intelligence process; and
            (13) $1,000,000 for a State and local law enforcement hate 
        crimes training and technical assistance program:
Provided, That, if a unit of local government uses any of the funds 
made available under this title to increase the number of law 
enforcement officers, the unit of local government will achieve a net 
gain in the number of law enforcement officers who perform 
nonadministrative public safety service.

                       weed and seed program fund

    For necessary expenses to implement ``Weed and Seed'' program 
activities, $51,169,000, to remain available until expended, for inter-
governmental agreements, including grants, cooperative agreements, and 
contracts, with State and local law enforcement agencies, non-profit 
organizations, and agencies of local government engaged in the 
investigation and prosecution of violent and gang-related crimes and 
drug offenses in ``Weed and Seed'' designated communities, and for 
either reimbursements or transfers to appropriation accounts of the 
Department of Justice and other Federal agencies which shall be 
specified by the Attorney General to execute the ``Weed and Seed'' 
program strategy: Provided, That funds designated by Congress through 
language for other Department of Justice appropriation accounts for 
``Weed and Seed'' program activities shall be managed and executed by 
the Attorney General through the Executive Office for Weed and Seed: 
Provided further, That the Attorney General may direct the use of other 
Department of Justice funds and personnel in support of ``Weed and 
Seed'' program activities only after the Attorney General notifies the 
Committees on Appropriations of the House of Representatives and the 
Senate in accordance with section 605 of this Act.

                  community oriented policing services

    For activities authorized by the Violent Crime Control and Law 
Enforcement Act of 1994 (Public Law 103-322) (including administrative 
costs), $686,702,000, to remain available until expended: Provided, 
That funds that become available as a result of deobligations from 
prior year balances may not be obligated except in accordance with 
section 605 of this Act: Provided further, That section 1703(b) and (c) 
of the Omnibus Crime Control and Safe Streets Act of 1968 (``the 1968 
Act'') shall not apply to non-hiring grants made pursuant to part Q of 
title I thereof (42 U.S.C. 3796dd et seq.). Of the amounts provided--
            (1) $113,000,000 is for law enforcement enhancement grants 
        pursuant to the amendments made by section 253 of H.R. 3036 of 
        the 108th Congress, as passed by the House of Representatives 
        on March 30, 2004;
            (2) $25,000,000 is for the matching grant program for law 
        enforcement armor vests as authorized by section 2501 of part Y 
        of the 1968 Act: Provided, That not to exceed 2 percent of such 
        funds shall be available to the Office of Justice Programs for 
        testing of and research relating to law enforcement armor 
        vests;
            (3) $60,000,000 is for policing initiatives to combat 
        methamphetamine production and trafficking and to enhance 
        policing initiatives in ``drug hot spots'';
            (4) $20,000,000 is for Police Corps education and training: 
        Provided, That the out-year program costs of new recruits shall 
        be fully funded from funds currently available;
            (5) $130,000,000 is for a law enforcement technology 
        program;
            (6) $50,000,000 is for grants to upgrade criminal records, 
        as authorized under the Crime Identification Technology Act of 
        1998 (42 U.S.C. 14601);
            (7) $175,788,000 is for a DNA analysis and backlog 
        reduction program;
            (8) $40,000,000 is for the Southwest Border Prosecutor 
        Initiative to reimburse State, county, parish, tribal, or 
        municipal governments only for costs associated with the 
        prosecution of criminal cases declined by local United States 
        Attorneys offices;
            (9) $15,000,000 is for an offender re-entry program, as 
        authorized by Public Law 107-273;
            (10) $30,000,000 is for Project Safe Neighborhoods to 
        reduce gun violence, and gang and drug-related crime; and
            (11) not to exceed $27,914,000 is for program management 
        and administration.

       violence against women prevention and prosecution programs

    For grants, contracts, cooperative agreements, and other assistance 
for the prevention and prosecution of violence against women as 
authorized by the Omnibus Crime Control and Safe Streets Act of 1968 
(``the 1968 Act''); the Violent Crime Control and Law Enforcement Act 
of 1994 (Public Law 103-322) (``the 1994 Act''); the Victims of Child 
Abuse Act of 1990 (``the 1990 Act''); the Prosecutorial Remedies and 
Other Tools to end the Exploitation of Children Today Act of 2003 
(Public Law 108-21); the Juvenile Justice and Delinquency Prevention 
Act of 1974 (``the 1974 Act''); and the Victims of Trafficking and 
Violence Protection Act of 2000 (Public Law 106-386); $383,551,000 to 
remain available until expended, as follows--
            (1) $11,484,000 for the court appointed special advocate 
        program, as authorized by section 217 of the 1990 Act;
            (2) $1,925,000 for child abuse training programs for 
        judicial personnel and practitioners, as authorized by section 
        222 of the 1990 Act;
            (3) $983,000 for grants for televised testimony, as 
        authorized by Part N of the 1968 Act;
            (4) $176,747,000 for grants to combat violence against 
        women, as authorized by part T of the 1968 Act, of which--
                    (A) $5,200,000 shall be for the National Institute 
                of Justice for research and evaluation;
                    (B) $10,000,000 shall be for the Office of Juvenile 
                Justice and Delinquency Prevention for the Safe Start 
                Program, as authorized by the 1974 Act; and
                    (C) $15,000,000 shall be for transitional housing 
                assistance grants for victims of domestic violence, 
                stalking or sexual assault as authorized by Public Law 
                108-21;
            (5) $62,479,000 for grants to encourage arrest policies as 
        authorized by part U of the 1968 Act;
            (6) $38,274,000 for rural domestic violence and child abuse 
        enforcement assistance grants, as authorized by section 40295 
        of the 1994 Act;
            (7) $4,415,000 for training programs as authorized by 
        section 40152 of the 1994 Act, and for related local 
        demonstration projects;
            (8) $2,950,000 for grants to improve the stalking and 
        domestic violence databases, as authorized by section 40602 of 
        the 1994 Act;
            (9) $9,175,000 to reduce violent crimes against women on 
        campus, as authorized by section 1108(a) of Public Law 106-386;
            (10) $39,322,000 for legal assistance for victims, as 
        authorized by section 1201 of Public Law 106-386;
            (11) $4,458,000 for enhancing protection for older and 
        disabled women from domestic violence and sexual assault as 
        authorized by section 40802 of the 1994 Act;
            (12) $14,078,000 for the safe havens for children pilot 
        program as authorized by section 1301 of Public Law 106-386;
            (13) $6,922,000 for education and training to end violence 
        against and abuse of women with disabilities, as authorized by 
        section 1402 of Public Law 106-386; and
            (14) $10,339,000 for management and administration not 
        elsewhere specified.

                       juvenile justice programs

    For grants, contracts, cooperative agreements, and other assistance 
authorized by the Juvenile Justice and Delinquency Prevention Act of 
1974 (``the Act''), and other juvenile justice programs, including 
salaries and expenses in connection therewith to be transferred to and 
merged with the appropriations for Justice Assistance, $349,000,000, to 
remain available until expended, as follows--
            (1) $350,000 for concentration of Federal efforts, as 
        authorized by section 204 of the Act;
            (2) $84,000,000 for State and local programs authorized by 
        section 221 of the Act, including training and technical 
        assistance to assist small, non-profit organizations with the 
        Federal grants process;
            (3) $70,000,000 for demonstration projects, as authorized 
        by sections 261 and 262 of the Act;
            (4) $80,000,000 for delinquency prevention, as authorized 
        by section 505 of the Act, of which--
                    (A) $10,000,000 shall be for the Tribal Youth 
                Program;
                    (B) $20,000,000 shall be for a gang resistance 
                education and training program to be administered by 
                the Bureau of Justice Assistance and to be coordinated 
                with the Bureau of Alcohol, Tobacco, Firearms and 
                Explosives and the Office of Juvenile Justice and 
                Delinquency Prevention; and
                    (C) $25,000,000 shall be for grants of $360,000 to 
                each State and $6,640,000 shall be available for 
                discretionary grants to States, for programs and 
                activities to enforce State laws prohibiting the sale 
                of alcoholic beverages to minors or the purchase or 
                consumption of alcoholic beverages by minors, 
                prevention and reduction of consumption of alcoholic 
                beverages by minors, and for technical assistance and 
                training;
            (5) $10,000,000 for Project Childsafe;
            (6) $20,000,000 for the Secure Our Schools Act as 
        authorized by Public Law 106-386;
            (7) $10,650,000 for Project Sentry to reduce youth gun 
        violence, and gang and drug-related crime;
            (8) $14,000,000 for programs authorized by the Victims of 
        Child Abuse Act of 1990; and
            (9) $60,000,000 for the Juvenile Accountability Block 
        Grants program as authorized by Public Law 107-273 and Guam 
        shall be considered a State:
Provided, That not more than 10 percent of each amount in this section 
may be used for research, evaluation, and statistics activities 
designed to benefit the programs or activities authorized, and not more 
than 2 percent of each amount may be used for training and technical 
assistance.

                    public safety officers benefits

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

               General Provisions--Department of Justice

    Sec. 101. In addition to amounts otherwise made available in this 
title for official reception and representation expenses, a total of 
not to exceed $60,000 from funds appropriated to the Department of 
Justice in this title shall be available to the Attorney General for 
official reception and representation expenses.
    Sec. 102. None of the funds appropriated by this title shall be 
available to pay for an abortion, except where the life of the mother 
would be endangered if the fetus were carried to term, or in the case 
of rape: Provided, That should this prohibition be declared 
unconstitutional by a court of competent jurisdiction, this section 
shall be null and void.
    Sec. 103. None of the funds appropriated under this title shall be 
used to require any person to perform, or facilitate in any way the 
performance of, any abortion.
    Sec. 104. Nothing in the preceding section shall remove the 
obligation of the Director of the Bureau of Prisons to provide escort 
services necessary for a female inmate to receive such service outside 
the Federal facility: Provided, That nothing in this section in any way 
diminishes the effect of section 103 intended to address the 
philosophical beliefs of individual employees of the Bureau of Prisons.
    Sec. 105. Authorities contained in the 21st Century Department of 
Justice Appropriations Authorization Act (Public Law 107-273) shall 
remain in effect until the effective date of a subsequent Department of 
Justice appropriations authorization Act.
    Sec. 106. Not to exceed 5 percent of any appropriation made 
available for the current fiscal year for the Department of Justice in 
this Act may be transferred between such appropriations, but no such 
appropriation, except as otherwise specifically provided, shall be 
increased by more than 10 percent by any such transfers: Provided, That 
any transfer pursuant to this section shall be treated as a 
reprogramming of funds under section 605 of this Act and shall not be 
available for obligation except in compliance with the procedures set 
forth in that section.
    Sec. 107. Section 114 of Public Law 107-77 shall remain in effect 
during fiscal year 2005.
    Sec. 108. The Attorney General is authorized to extend through 
September 30, 2006, the Personnel Management Demonstration Project 
transferred to the Attorney General pursuant to section 1115 of the 
Homeland Security Act of 2002, Public Law 107-296 (6 U.S.C. 533).
    Sec. 109. (a) None of the funds made available in this Act may be 
used by the Drug Enforcement Administration to establish a procurement 
quota following the approval of a new drug application or an 
abbreviated new drug application for a controlled substance.
    (b) The limitation established in subsection (a) shall not apply 
until 180 days after enactment of this Act.
    Sec. 110. The limitation established in the preceding section shall 
not apply to any new drug application or abbreviated new drug 
application for which the Drug Enforcement Administration has reviewed 
and provided public comments on labeling, promotion, risk management 
plans, and any other documents.
    Sec. 111. (a) Section 8335(b) of title 5, United States Code, is 
amended--
            (1) by striking ``(b)'' and inserting ``(b)(1)''; and
            (2) by adding at the end the following:
    ``(2) In the case of employees of the Federal Bureau of 
Investigation, the second sentence of paragraph (1) shall be applied by 
substituting `65 years of age' for `60 years of age'. The authority to 
grant exemptions in accordance with the preceding sentence shall cease 
to be available after December 31, 2009.''.
    (b) Section 8425(b) of title 5, United States Code, is amended--
            (1) by striking ``(b)'' and inserting ``(b)(1)''; and
            (2) by adding at the end the following:
    ``(2) In the case of employees of the Federal Bureau of 
Investigation, the second sentence of paragraph (1) shall be applied by 
substituting `65 years of age' for `60 years of age'. The authority to 
grant exemptions in accordance with the preceding sentence shall cease 
to be available after December 31, 2009.''.
    Sec. 112. (a) Subchapter IV of chapter 57 of title 5, United States 
Code, is amended by adding at the end the following:
``Sec. 5759. Retention and relocation bonuses for the Federal Bureau of 
              Investigation
    ``(a) Authority.--The Director of the Federal Bureau of 
Investigation, after consultation with the Director of the Office of 
Personnel Management, may pay, on a case-by-case basis, a bonus under 
this section to an employee of the Bureau if--
            ``(1)(A) the unusually high or unique qualifications of the 
        employee or a special need of the Bureau for the employee's 
        services makes it essential to retain the employee; and
            ``(B) the Director of the Federal Bureau of Investigation 
        determines that, in the absence of such a bonus, the employee 
        would be likely to leave--
                    ``(i) the Federal service; or
                    ``(ii) for a different position in the Federal 
                service; or
            ``(2) the individual is transferred to a different 
        geographic area with a higher cost of living (as determined by 
        the Director of the Federal Bureau of Investigation).
    ``(b) Service Agreement.--Payment of a bonus under this section is 
contingent upon the employee entering into a written service agreement 
with the Bureau to complete a period of service with the Bureau. Such 
agreement shall include--
            ``(1) the period of service the individual shall be 
        required to complete in return for the bonus; and
            ``(2) the conditions under which the agreement may be 
        terminated before the agreed-upon service period has been 
        completed, and the effect of the termination.
    ``(c) Limitation on Authority.--A bonus paid under this section may 
not exceed 50 percent of the employee's basic pay.
    ``(d) Impact on Basic Pay.--A retention bonus is not part of the 
basic pay of an employee for any purpose.
    ``(e) Termination of Authority.--The authority to grant bonuses 
under this section shall cease to be available after December 31, 
2009.''.
    (b) The analysis for chapter 57 of title 5, United States Code, is 
amended by adding at the end the following:

``5759. Retention and relocation bonuses for the Federal Bureau of 
                            Investigation.''.
    Sec. 113. (a) Chapter 35 of title 5 of the United States Code is 
amended by adding at the end the following:

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

``Sec. 3598. Federal Bureau of Investigation Reserve Service
    ``(a) Establishment.--The Director of the Federal Bureau of 
Investigation may provide for the establishment and training of a 
Federal Bureau of Investigation Reserve Service (hereinafter in this 
section referred to as the `FBI Reserve Service') for temporary 
reemployment of employees in the Bureau during periods of emergency, as 
determined by the Director.
    ``(b) Membership.--Membership in the FBI Reserve Service shall be 
limited to individuals who previously served as full-time employees of 
the Bureau.
    ``(c) Annuitants.--If an annuitant receiving an annuity from the 
Civil Service Retirement and Disability Fund becomes temporarily 
reemployed pursuant to this section, such annuity shall not be 
discontinued thereby. An annuitant so reemployed shall not be 
considered an employee for the purposes of chapter 83 or 84.
    ``(d) No Impact on Bureau Personnel Ceiling.--FBI Reserve Service 
members reemployed on a temporary basis pursuant to this section shall 
not count against any personnel ceiling applicable to the Bureau.
    ``(e) Expenses.--The Director may provide members of the FBI 
Reserve Service transportation and per diem in lieu of subsistence, in 
accordance with applicable provisions of this title, for the purpose of 
participating in any training that relates to service as a member of 
the FBI Reserve Service.
    ``(f) Limitation on Membership.--Membership of the FBI Reserve 
Service is not to exceed 500 members at any given time.''.
    (b) The analysis for chapter 35 of title 5, United States Code, is 
amended by adding at the end the following:

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

``3598. Federal Bureau of Investigation reserve service.''.
    Sec. 114. Section 5377(a)(2) of title 5, United States Code, is 
amended--
            (1) by striking ``and'' at the end of subparagraph (E);
            (2) by striking the period at the end of subparagraph (F) 
        and inserting ``; and''; and
            (3) by inserting after subparagraph (F) the following:
                    ``(G) a position at the Federal Bureau of 
                Investigation, the primary duties and responsibilities 
                of which relate to intelligence functions (as 
                determined by the Director of the Federal Bureau of 
                Investigation).''.
    This title may be cited as the ``Department of Justice 
Appropriations Act, 2005''.

         TITLE II--DEPARTMENT OF COMMERCE AND RELATED AGENCIES

                  Trade and Infrastructure Development

                            RELATED AGENCIES

            Office of the United States Trade Representative

                         salaries and expenses

    For necessary expenses of the Office of the United States Trade 
Representative, including the hire of passenger motor vehicles and the 
employment of experts and consultants as authorized by 5 U.S.C. 3109, 
$41,552,000, of which $1,000,000 shall remain available until expended: 
Provided, That not to exceed $124,000 shall be available for official 
reception and representation expenses: Provided further, That not less 
than $2,000,000 provided under this heading shall be for expenses 
authorized by 19 U.S.C. 2451 and 1677b(c).

                     International Trade Commission

                         salaries and expenses

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

                         DEPARTMENT OF COMMERCE

                   International Trade Administration

                     operations and administration

    For necessary expenses for international trade activities of the 
Department of Commerce provided for by law, and for engaging in trade 
promotional activities abroad, including expenses of grants and 
cooperative agreements for the purpose of promoting exports of United 
States firms, without regard to 44 U.S.C. 3702 and 3703; full medical 
coverage for dependent members of immediate families of employees 
stationed overseas and employees temporarily posted overseas; travel 
and transportation of employees of the United States and Foreign 
Commercial Service between two points abroad, without regard to 49 
U.S.C. 40118; employment of Americans and aliens by contract for 
services; rental of space abroad for periods not exceeding 10 years, 
and expenses of alteration, repair, or improvement; purchase or 
construction of temporary demountable exhibition structures for use 
abroad; payment of tort claims, in the manner authorized in the first 
paragraph of 28 U.S.C. 2672 when such claims arise in foreign 
countries; not to exceed $327,000 for official representation expenses 
abroad; purchase of passenger motor vehicles for official use abroad, 
not to exceed $30,000 per vehicle; obtaining insurance on official 
motor vehicles; and rental of tie lines, $401,513,000, to remain 
available until expended, of which $8,000,000 is to be derived from 
fees to be retained and used by the International Trade Administration, 
notwithstanding 31 U.S.C. 3302: Provided, That $47,509,000 shall be for 
Manufacturing and Services; $39,087,000 shall be for Market Access and 
Compliance; $58,044,000 shall be for the Import Administration of which 
not less than $3,000,000 is for the Office of China Compliance; 
$230,864,000 shall be for the United States and Foreign Commercial 
Service of which $1,500,000 is for the Advocacy Center, $2,500,000 is 
for the Trade Information Center, and $2,100,000 is for a China and 
Middle East Business Center; and $26,009,000 shall be for Executive 
Direction and Administration: Provided further, That the provisions of 
the first sentence of section 105(f) and all of section 108(c) of the 
Mutual Educational and Cultural Exchange Act of 1961 (22 U.S.C. 2455(f) 
and 2458(c)) shall apply in carrying out these activities without 
regard to section 5412 of the Omnibus Trade and Competitiveness Act of 
1988 (15 U.S.C. 4912); and that for the purpose of this Act, 
contributions under the provisions of the Mutual Educational and 
Cultural Exchange Act of 1961 shall include payment for assessments for 
services provided as part of these activities.

                    Bureau of Industry and Security

                     operations and administration

    For necessary expenses for export administration and national 
security activities of the Department of Commerce, including costs 
associated with the performance of export administration field 
activities both domestically and abroad; full medical coverage for 
dependent members of immediate families of employees stationed 
overseas; employment of Americans and aliens by contract for services 
abroad; payment of tort claims, in the manner authorized in the first 
paragraph of 28 U.S.C. 2672 when such claims arise in foreign 
countries; not to exceed $15,000 for official representation expenses 
abroad; awards of compensation to informers under the Export 
Administration Act of 1979, and as authorized by 22 U.S.C. 401(b); and 
purchase of passenger motor vehicles for official use and motor 
vehicles for law enforcement use with special requirement vehicles 
eligible for purchase without regard to any price limitation otherwise 
established by law, $68,393,000, to remain available until September 
30, 2006, of which $7,128,000 shall be for inspections and other 
activities related to national security: Provided, That the provisions 
of the first sentence of section 105(f) and all of section 108(c) of 
the Mutual Educational and Cultural Exchange Act of 1961 (22 U.S.C. 
2455(f) and 2458(c)) shall apply in carrying out these activities: 
Provided further, That payments and contributions collected and 
accepted for materials or services provided as part of such activities 
may be retained for use in covering the cost of such activities, and 
for providing information to the public with respect to the export 
administration and national security activities of the Department of 
Commerce and other export control programs of the United States and 
other governments.

                  Economic Development Administration

                economic development assistance programs

    For grants for economic development assistance as provided by the 
Public Works and Economic Development Act of 1965, and for trade 
adjustment assistance, $289,762,000, to remain available until 
expended.

                         salaries and expenses

    For necessary expenses of administering the economic development 
assistance programs as provided for by law, $30,565,000: Provided, That 
these funds may be used to monitor projects approved pursuant to title 
I of the Public Works Employment Act of 1976, title II of the Trade Act 
of 1974, and the Community Emergency Drought Relief Act of 1977.

                  Minority Business Development Agency

                     minority business development

    For necessary expenses of the Department of Commerce in fostering, 
promoting, and developing minority business enterprise, including 
expenses of grants, contracts, and other agreements with public or 
private organizations, $28,899,000.

                Economic and Information Infrastructure

                   Economic and Statistical Analysis

                         salaries and expenses

    For necessary expenses, as authorized by law, of economic and 
statistical analysis programs of the Department of Commerce, 
$78,211,000, to remain available until September 30, 2006, of which 
$2,000,000 is for a grant to the National Academy of Public 
Administration to study impacts of off-shoring on the economy and 
workforce of the United States.

                          Bureau of the Census

                         salaries and expenses

    For expenses necessary for collecting, compiling, analyzing, 
preparing, and publishing statistics, provided for by law, 
$202,765,000.

                     periodic censuses and programs

    For necessary expenses related to the 2010 decennial census, 
$399,976,000, to remain available until September 30, 2006: Provided, 
That, of the total amount available related to the 2010 decennial 
census, $173,806,000 is for the Re-engineered Design Process for the 
Short-Form Only Census, $146,009,000 is for the American Community 
Survey, and $80,161,000 is for the Master Address File/Topologically 
Integrated Geographic Encoding and Referencing (MAF/TIGER) system.
    In addition, for expenses to collect and publish statistics for 
other periodic censuses and programs provided for by law, $171,140,000, 
to remain available until September 30, 2006, of which $73,473,000 is 
for economic statistics programs and $97,667,000 is for demographic 
statistics programs: Provided, That regarding construction of a 
facility at the Suitland Federal Center, quarterly reports regarding 
the expenditure of funds and project planning, design and cost 
decisions shall be provided by the Bureau, in cooperation with the 
General Services Administration, to the Committees on Appropriations of 
the Senate and the House of Representatives: Provided further, That 
none of the funds provided in this or any other Act under the heading 
``Bureau of the Census, Periodic Censuses and Programs'' shall be used 
to fund the construction and tenant build-out costs of a facility at 
the Suitland Federal Center.

       National Telecommunications and Information Administration

                         salaries and expenses

    For necessary expenses, as provided for by law, of the National 
Telecommunications and Information Administration (NTIA), $15,282,000, 
to remain available until September 30, 2006: Provided, That, 
notwithstanding 31 U.S.C. 1535(d), the Secretary of Commerce shall 
charge Federal agencies for costs incurred in spectrum management, 
analysis, and operations, and related services and such fees shall be 
retained and used as offsetting collections for costs of such spectrum 
services, to remain available until expended: Provided further, That 
the Secretary of Commerce is authorized to retain and use as offsetting 
collections all funds transferred, or previously transferred, from 
other Government agencies for all costs incurred in telecommunications 
research, engineering, and related activities by the Institute for 
Telecommunication Sciences of NTIA, in furtherance of its assigned 
functions under this paragraph, and such funds received from other 
Government agencies shall remain available until expended.

    public telecommunications facilities, planning and construction

    For the administration of grants authorized by section 392 of the 
Communications Act of 1934, $2,538,000, to remain available until 
expended as authorized by section 391 of the Act: Provided, That, 
notwithstanding the provisions of section 391 of the Act, the prior 
year unobligated balances may be made available for grants for projects 
for which applications have been submitted and approved during any 
fiscal year.

                   information infrastructure grants

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

               United States Patent and Trademark Office

                         salaries and expenses

    For necessary expenses of the United States Patent and Trademark 
Office provided for by law, including defense of suits instituted 
against the Under Secretary of Commerce for Intellectual Property and 
Director of the United States Patent and Trademark Office, 
$1,314,653,000, which shall be derived from offsetting collections 
assessed and collected pursuant to 15 U.S.C. 1113 and 35 U.S.C. 41 and 
376, and shall be retained and used for necessary expenses in this 
appropriation: Provided, That the sum herein appropriated from the 
general fund shall be reduced as such offsetting collections are 
received during fiscal year 2005, so as to result in a fiscal year 2005 
appropriation from the general fund estimated at $0: Provided further, 
That during fiscal year 2005, should the total amount of offsetting fee 
collections be less than $1,314,653,000, this amount shall be reduced 
accordingly: Provided further, That not less than 584 full-time 
equivalents, 602 positions and $78,450,000 shall be for the examination 
of trademark applications; and not less than 5,435 full-time 
equivalents, 5,848 positions and $866,007,000 shall be for the 
examination and searching of patent applications: Provided further, 
That not more than 264 full-time equivalents, 271 positions and 
$36,861,000 shall be for the Office of the General Counsel: Provided 
further, That from amounts provided herein, not to exceed $1,000 shall 
be made available in fiscal year 2005 for official reception and 
representation expenses: Provided further, That, notwithstanding 
section 1353 of title 31, United States Code, no employee of the United 
States Patent and Trademark Office may accept payment or reimbursement 
from a non-Federal entity for travel, subsistence, or related expenses 
for the purpose of enabling an employee to attend and participate in a 
convention, conference, or meeting when the entity offering payment or 
reimbursement is a person or corporation subject to regulation by the 
Office, or represents a person or corporation subject to regulation by 
the Office, unless the person or corporation is an organization exempt 
from taxation pursuant to section 501(c)(3) of the Internal Revenue 
Code of 1986.
    Upon enactment of authorization to increase fees collected pursuant 
to 35 U.S.C. 41, any resulting increased receipts may be collected and 
credited to this account as offsetting collections: Provided, That not 
to exceed $218,754,000 derived from such offsetting collections shall 
be available until expended for authorized purposes: Provided further, 
That not less than 58 full-time equivalents, 72 positions and 
$5,551,000 shall be for the examination of trademark applications; and 
not less than 378 full-time equivalents, 709 positions and $106,986,000 
shall be for the examination and searching of patent applications: 
Provided further, That not more than 20 full-time equivalents, 20 
positions and $4,955,000 shall be for the Office of the General 
Counsel: Provided further, That the total amount appropriated from fees 
collected in fiscal year 2005, including such increased fees, shall not 
exceed $1,533,407,000: Provided further, That in fiscal year 2005, from 
the amounts made available for ``Salaries and Expenses'' for the United 
States Patent and Trademark Office (PTO), the amounts necessary to pay 
(1) the difference between the percentage of basic pay contributed by 
the PTO and employees under section 8334(a) of title 5, United States 
Code, and the normal cost percentage (as defined by section 8331(17) of 
that title) of basic pay, of employees subject to subchapter III of 
chapter 83 of that title; and (2) the present value of the otherwise 
unfunded accruing costs, as determined by the Office of Personnel 
Management, of post-retirement life insurance and post-retirement 
health benefits coverage for all PTO employees, shall be transferred to 
the Civil Service Retirement and Disability Fund, the Employees Life 
Insurance Fund, and the Employees Health Benefits Fund, as appropriate, 
and shall be available for the authorized purposes of those accounts.

                         Science and Technology

                       Technology Administration

                         salaries and expenses

    For necessary expenses for the Under Secretary for Technology 
Office of Technology Policy, $6,547,000.

             National Institute of Standards and Technology

             scientific and technical research and services

    For necessary expenses of the National Institute of Standards and 
Technology, $375,838,000, to remain available until expended, of which 
not to exceed $8,982,000 may be transferred to the ``Working Capital 
Fund''.

                     industrial technology services

    For necessary expenses of the Manufacturing Extension Partnership 
of the National Institute of Standards and Technology, $106,000,000, to 
remain available until expended.

                  construction of research facilities

    For construction of new research facilities, including 
architectural and engineering design, and for renovation and 
maintenance of existing facilities, not otherwise provided for the 
National Institute of Standards and Technology, as authorized by 15 
U.S.C. 278c-278e, $43,132,000, to remain available until expended.

            National Oceanic and Atmospheric Administration

                  operations, research, and facilities

                     (including transfer of funds)

    For necessary expenses of activities authorized by law for the 
National Oceanic and Atmospheric Administration, including maintenance, 
operation, and hire of aircraft; grants, contracts, or other payments 
to nonprofit organizations for the purposes of conducting activities 
pursuant to cooperative agreements; and relocation of facilities as 
authorized, $2,245,000,000, to remain available until September 30, 
2006: Provided, That fees and donations received by the National Ocean 
Service for the management of the national marine sanctuaries may be 
retained and used for the salaries and expenses associated with those 
activities, notwithstanding 31 U.S.C. 3302: Provided further, That, in 
addition, $79,000,000 shall be derived by transfer from the fund 
entitled ``Promote and Develop Fishery Products and Research Pertaining 
to American Fisheries'': Provided further, That, of the $2,337,000,000 
provided for in direct obligations under this heading (of which 
$2,245,000,000 is appropriated from the General Fund, $79,000,000 is 
provided by transfer, and $13,000,000 is derived from deobligations 
from prior years), $351,000,000 shall be for the National Ocean 
Service, $525,700,000 shall be for the National Marine Fisheries 
Service, $318,500,000 shall be for Oceanic and Atmospheric Research, 
$698,700,000 shall be for the National Weather Service, $139,500,000 
shall be for the National Environmental Satellite, Data, and 
Information Service, and $303,600,000 shall be for Program Support: 
Provided further, That no general administrative charge shall be 
applied against an assigned activity included in this Act or the report 
accompanying this Act: Provided further, That the total amount 
available for National Oceanic and Atmospheric Administration corporate 
services administrative support costs shall not exceed $173,600,000: 
Provided further, That any deviation from the amounts designated for 
specific activities in the report accompanying this Act, or any use of 
deobligated balances of funds provided under this heading in previous 
years shall be subject to the procedures set forth in section 605 of 
this Act.
    In addition, for necessary retired pay expenses under the Retired 
Serviceman's Family Protection and Survivor Benefits Plan, and for 
payments for medical care of retired personnel and their dependents 
under the Dependents Medical Care Act (10 U.S.C. ch. 55), such sums as 
may be necessary.

               procurement, acquisition and construction

    For procurement, acquisition and construction of capital assets, 
including alteration and modification costs, of the National Oceanic 
and Atmospheric Administration, $840,000,000 to remain available until 
September 30, 2007: Provided, That of the amounts provided for the 
National Polar-orbiting Operational Environmental Satellite System, 
funds shall only be made available on a dollar for dollar matching 
basis with funds provided for the same purpose by the Department of 
Defense: Provided further, That any use of deobligated balances of 
funds provided under this heading in previous years shall be subject to 
the procedures set forth in section 605 of this Act: Provided further, 
That none of the funds provided in this Act or any other Act under the 
heading ``National Oceanic and Atmospheric Administration, Procurement, 
Acquisition and Construction'' shall be used to fund the General 
Services Administration's standard construction and tenant build-out 
costs of a facility at the Suitland Federal Center.

                    pacific coastal salmon recovery

    For necessary expenses associated with conservation and habitat 
restoration of Pacific salmon populations listed as endangered or 
threatened, $80,000,000.

                   fisheries finance program account

    For the costs of direct loans, $287,000, as authorized by the 
Merchant Marine Act of 1936: Provided, That such costs, including the 
cost of modifying such loans, shall be as defined in the Federal Credit 
Reform Act of 1990: Provided further, That these funds are only 
available to subsidize gross obligations for the principal amount of 
direct loans not to exceed $30,000,000 for traditional loan programs, 
fishing capacity reduction programs, individual fishing quotas, 
aquaculture facilities, reconditioning of fishing vessels for the 
purpose of reducing bycatch or reducing capacity in an overfished 
fishery, and the purchase of assets sold at foreclosure instituted by 
the Secretary: Provided further, That none of the funds made available 
under this heading may be used for direct loans for any new fishing 
vessel that will increase the harvesting capacity in any United States 
fishery.

                        Departmental Management

                         salaries and expenses

    For expenses necessary for the departmental management of the 
Department of Commerce provided for by law, including not to exceed 
$5,000 for official entertainment, $52,109,000: Provided, That not to 
exceed 12 full-time equivalents and $1,621,000 shall be expended for 
the legislative affairs function of the Department.

                      office of inspector general

    For necessary expenses of the Office of Inspector General in 
carrying out the provisions of the Inspector General Act of 1978 (5 
U.S.C. App.), $22,249,000.

               General Provisions--Department of Commerce

    Sec. 201. During the current fiscal year, applicable appropriations 
and funds made available to the Department of Commerce by this Act 
shall be available for the activities specified in the Act of October 
26, 1949 (15 U.S.C. 1514), to the extent and in the manner prescribed 
by the Act, and, notwithstanding 31 U.S.C. 3324, may be used for 
advanced payments not otherwise authorized only upon the certification 
of officials designated by the Secretary of Commerce that such payments 
are in the public interest.
    Sec. 202. During the current fiscal year, appropriations made 
available to the Department of Commerce by this Act for salaries and 
expenses shall be available for hire of passenger motor vehicles as 
authorized by 31 U.S.C. 1343 and 1344; services as authorized by 5 
U.S.C. 3109; and uniforms or allowances therefore, as authorized by law 
(5 U.S.C. 5901-5902).
    Sec. 203. Not to exceed 5 percent of any appropriation made 
available for the current fiscal year for the Department of Commerce in 
this Act may be transferred between such appropriations, but no such 
appropriation shall be increased by more than 10 percent by any such 
transfers: Provided, That any transfer pursuant to this section shall 
be treated as a reprogramming of funds under section 605 of this Act 
and shall not be available for obligation or expenditure except in 
compliance with the procedures set forth in that section: Provided 
further, That the Secretary of Commerce shall notify the Committees on 
Appropriations at least 15 days in advance of the acquisition or 
disposal of any capital asset (including land, structures, and 
equipment) not specifically provided for in this or any other 
Departments of Commerce, Justice, and State, the Judiciary, and Related 
Agencies Appropriations Act.
    Sec. 204. Any costs incurred by a department or agency funded under 
this title resulting from personnel actions taken in response to 
funding reductions included in this title or from actions taken for the 
care and protection of loan collateral or grant property shall be 
absorbed within the total budgetary resources available to such 
department or agency: Provided, That the authority to transfer funds 
between appropriations accounts as may be necessary to carry out this 
section is provided in addition to authorities included elsewhere in 
this Act: Provided further, That use of funds to carry out this section 
shall be treated as a reprogramming of funds under section 605 of this 
Act and shall not be available for obligation or expenditure except in 
compliance with the procedures set forth in that section.
    Sec. 205. Hereafter, none of the funds made available by this or 
any other Act for the Department of Commerce shall be available to 
reimburse the Unemployment Trust Fund or any other fund or account of 
the Treasury to pay for any expenses authorized by section 8501 of 
title 5, United States Code, for services performed by individuals 
appointed to temporary positions within the Bureau of the Census for 
purposes relating to the decennial censuses of population.
    This title may be cited as the ``Department of Commerce and Related 
Agencies Appropriations Act, 2005''.

                        TITLE III--THE JUDICIARY

                   Supreme Court of the United States

                         salaries and expenses

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

                    care of the building and grounds

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

         United States Court of Appeals for the Federal Circuit

                         salaries and expenses

    For salaries of the chief judge, judges, and other officers and 
employees, and for necessary expenses of the court, as authorized by 
law, $22,936,000.

               United States Court of International Trade

                         salaries and expenses

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

    Courts of Appeals, District Courts, and Other Judicial Services

                         salaries and expenses

    For the salaries of circuit and district judges (including judges 
of the territorial courts of the United States), justices and judges 
retired from office or from regular active service, judges of the 
United States Court of Federal Claims, bankruptcy judges, magistrate 
judges, and all other officers and employees of the Federal Judiciary 
not otherwise specifically provided for, and necessary expenses of the 
courts, as authorized by law, $4,177,244,000 (including the purchase of 
firearms and ammunition); of which not to exceed $27,817,000 shall 
remain available until expended for space alteration projects and for 
furniture and furnishings related to new space alteration and 
construction projects.
    In addition, for expenses of the United States Court of Federal 
Claims associated with processing cases under the National Childhood 
Vaccine Injury Act of 1986, not to exceed $3,471,000, to be 
appropriated from the Vaccine Injury Compensation Trust Fund.

                           defender services

    For the operation of Federal Defender organizations; the 
compensation and reimbursement of expenses of attorneys appointed to 
represent persons under the Criminal Justice Act of 1964; the 
compensation and reimbursement of expenses of persons furnishing 
investigative, expert and other services under the Criminal Justice Act 
of 1964 (18 U.S.C. 3006A(e)); the compensation (in accordance with 
Criminal Justice Act maximums) and reimbursement of expenses of 
attorneys appointed to assist the court in criminal cases where the 
defendant has waived representation by counsel; the compensation and 
reimbursement of travel expenses of guardians ad litem acting on behalf 
of financially eligible minor or incompetent offenders in connection 
with transfers from the United States to foreign countries with which 
the United States has a treaty for the execution of penal sentences; 
the compensation of attorneys appointed to represent jurors in civil 
actions for the protection of their employment, as authorized by 28 
U.S.C. 1875(d); and for necessary training and general administrative 
expenses, $676,469,000, to remain available until expended.

                    fees of jurors and commissioners

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

                             court security

    For necessary expenses, not otherwise provided for, incident to 
providing protective guard services for United States courthouses and 
other facilities housing Federal court operations, and the procurement, 
installation, and maintenance of security equipment for United States 
courthouses and other facilities housing Federal court operations, 
including building ingress-egress control, inspection of mail and 
packages, directed security patrols, perimeter security, basic security 
services provided by the Department of Homeland Security, and other 
similar activities as authorized by section 1010 of the Judicial 
Improvement and Access to Justice Act (Public Law 100-702), 
$379,580,000, of which not to exceed $15,000,000 shall remain available 
until expended, to be expended directly or transferred to the United 
States Marshals Service, which shall be responsible for administering 
the Judicial Facility Security Program consistent with standards or 
guidelines agreed to by the Director of the Administrative Office of 
the United States Courts and the Attorney General.

           Administrative Office of the United States Courts

                         salaries and expenses

    For necessary expenses of the Administrative Office of the United 
States Courts as authorized by law, including travel as authorized by 
31 U.S.C. 1345, hire of a passenger motor vehicle as authorized by 31 
U.S.C. 1343(b), advertising and rent in the District of Columbia and 
elsewhere, $68,635,000, of which not to exceed $8,500 is authorized for 
official reception and representation expenses.

                        Federal Judicial Center

                         salaries and expenses

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

                       Judicial Retirement Funds

                    payment to judiciary trust funds

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

                  United States Sentencing Commission

                         salaries and expenses

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

                   General Provisions--The Judiciary

    Sec. 301. Appropriations and authorizations made in this title 
which are available for salaries and expenses shall be available for 
services as authorized by 5 U.S.C. 3109.
    Sec. 302. Not to exceed 5 percent of any appropriation made 
available for the current fiscal year for the Judiciary in this Act may 
be transferred between such appropriations, but no such appropriation, 
except ``Courts of Appeals, District Courts, and Other Judicial 
Services, Defender Services'' and ``Courts of Appeals, District Courts, 
and Other Judicial Services, Fees of Jurors and Commissioners'', shall 
be increased by more than 10 percent by any such transfers: Provided, 
That any transfer pursuant to this section shall be treated as a 
reprogramming of funds under section 605 of this Act and shall not be 
available for obligation or expenditure except in compliance with the 
procedures set forth in that section.
    Sec. 303. Notwithstanding any other provision of law, the salaries 
and expenses appropriation for Courts of Appeals, District Courts, and 
Other Judicial Services shall be available for official reception and 
representation expenses of the Judicial Conference of the United 
States: Provided, That such available funds shall not exceed $11,000 
and shall be administered by the Director of the Administrative Office 
of the United States Courts in the capacity as Secretary of the 
Judicial Conference.
    This title may be cited as the ``Judiciary Appropriations Act, 
2005''.

            TITLE IV--DEPARTMENT OF STATE AND RELATED AGENCY

                          DEPARTMENT OF STATE

                   Administration of Foreign Affairs

                    diplomatic and consular programs

    For necessary expenses of the Department of State and the Foreign 
Service not otherwise provided for, including employment, without 
regard to civil service and classification laws, of persons on a 
temporary basis (not to exceed $700,000 of this appropriation), as 
authorized by section 801 of the United States Information and 
Educational Exchange Act of 1948; representation to certain 
international organizations in which the United States participates 
pursuant to treaties ratified pursuant to the advice and consent of the 
Senate or specific Acts of Congress; arms control, nonproliferation and 
disarmament activities as authorized; acquisition by exchange or 
purchase of passenger motor vehicles as authorized by law; and for 
expenses of general administration, $3,580,000,000: Provided, That not 
to exceed 71 permanent positions and $8,649,000 shall be expended for 
the Bureau of Legislative Affairs: Provided further, That, of the 
amount made available under this heading, not to exceed $4,000,000 may 
be transferred to, and merged with, funds in the ``Emergencies in the 
Diplomatic and Consular Service'' appropriations account, to be 
available only for emergency evacuations and terrorism rewards: 
Provided further, That, of the amount made available under this 
heading, $319,994,000 shall be available only for public diplomacy 
international information programs: Provided further, That of the 
amount made available under this heading, $3,000,000 shall be available 
only for the operations of the Office on Right-Sizing the United States 
Government Overseas Presence: Provided further, That funds available 
under this heading may be available for a United States Government 
interagency task force to examine, coordinate and oversee United States 
participation in the United Nations headquarters renovation project: 
Provided further, That no funds may be obligated or expended for 
processing licenses for the export of satellites of United States 
origin (including commercial satellites and satellite components) to 
the People's Republic of China unless, at least 15 days in advance, the 
Committees on Appropriations of the House of Representatives and the 
Senate are notified of such proposed action.
    In addition, not to exceed $1,426,000 shall be derived from fees 
collected from other executive agencies for lease or use of facilities 
located at the International Center in accordance with section 4 of the 
International Center Act; in addition, as authorized by section 5 of 
such Act, $490,000, to be derived from the reserve authorized by that 
section, to be used for the purposes set out in that section; in 
addition, as authorized by section 810 of the United States Information 
and Educational Exchange Act, not to exceed $6,000,000, to remain 
available until expended, may be credited to this appropriation from 
fees or other payments received from English teaching, library, motion 
pictures, and publication programs and from fees from educational 
advising and counseling and exchange visitor programs; and, in 
addition, not to exceed $15,000, which shall be derived from 
reimbursements, surcharges, and fees for use of Blair House facilities.
    In addition, for the costs of worldwide security upgrades, 
$658,701,000, to remain available until expended.
    In addition, for the costs of worldwide OpenNet and classified 
connectivity infrastructure, $40,000,000, to remain available until 
expended.

                        capital investment fund

    For necessary expenses of the Capital Investment Fund, 
$100,000,000, to remain available until expended, as authorized: 
Provided, That section 135(e) of Public Law 103-236 shall not apply to 
funds available under this heading.

                      office of inspector general

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

               educational and cultural exchange programs

    For expenses of educational and cultural exchange programs, as 
authorized, $345,346,000, to remain available until expended: Provided, 
That not to exceed $2,000,000, to remain available until expended, may 
be credited to this appropriation from fees or other payments received 
from or in connection with English teaching, educational advising and 
counseling programs, and exchange visitor programs as authorized.

                       representation allowances

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

              protection of foreign missions and officials

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

            embassy security, construction, and maintenance

    For necessary expenses for carrying out the Foreign Service 
Buildings Act of 1926 (22 U.S.C. 292-303), preserving, maintaining, 
repairing, and planning for buildings that are owned or directly leased 
by the Department of State, renovating, in addition to funds otherwise 
available, the Harry S Truman Building, and carrying out the Diplomatic 
Security Construction Program as authorized, $611,680,000, to remain 
available until expended as authorized, of which not to exceed $25,000 
may be used for domestic and overseas representation as authorized: 
Provided, That none of the funds appropriated in this paragraph shall 
be available for acquisition of furniture, furnishings, or generators 
for other departments and agencies.
    In addition, for the costs of worldwide security upgrades, 
acquisition, and construction as authorized, $912,320,000, to remain 
available until expended.

           emergencies in the diplomatic and consular service

    For expenses necessary to enable the Secretary of State to meet 
unforeseen emergencies arising in the Diplomatic and Consular Service, 
$7,000,000, to remain available until expended as authorized, of which 
not to exceed $1,000,000 may be transferred to and merged with the 
Repatriation Loans Program Account, subject to the same terms and 
conditions.

                   repatriation loans program account

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

              payment to the american institute in taiwan

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

     payment to the foreign service retirement and disability fund

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

                      International Organizations

              contributions to international organizations

    For expenses, not otherwise provided for, necessary to meet annual 
obligations of membership in international multilateral organizations, 
pursuant to treaties ratified pursuant to the advice and consent of the 
Senate, conventions or specific Acts of Congress, $1,194,210,000, of 
which up to $6,000,000 may be used for the cost of a direct loan to the 
United Nations for the cost of renovating its headquarters in New York: 
Provided further, That such costs, including the cost of modifying such 
loan, shall be as defined in section 502 of the Congressional Budget 
Act of 1974: Provided further, That these funds are available to 
subsidize total loan principal of up to $1,200,000,000:  Provided 
further, That any payment of arrearages under this title shall be 
directed toward special activities that are mutually agreed upon by the 
United States and the respective international organization: Provided 
further, That none of the funds appropriated in this paragraph shall be 
available for a United States contribution to an international 
organization for the United States share of interest costs made known 
to the United States Government by such organization for loans incurred 
on or after October 1, 1984, through external borrowings, except that 
such restriction shall not apply to loans to the United Nations for 
renovation of its headquarters.

        contributions for international peacekeeping activities

    For necessary expenses to pay assessed and other expenses of 
international peacekeeping activities directed to the maintenance or 
restoration of international peace and security, $650,000,000: 
Provided,  That none of the funds made available under this Act shall 
be obligated or expended for any new or expanded United Nations 
peacekeeping mission unless, at least 15 days in advance of voting for 
the new or expanded mission in the United Nations Security Council (or 
in an emergency as far in advance as is practicable): (1) the 
Committees on Appropriations of the House of Representatives and the 
Senate and other appropriate committees of the Congress are notified of 
the estimated cost and length of the mission, the vital national 
interest that will be served, and the planned exit strategy; and (2) a 
reprogramming of funds pursuant to section 605 of this Act is 
submitted, and the procedures therein followed, setting forth the 
source of funds that will be used to pay for the cost of the new or 
expanded mission: Provided further, That funds shall be available for 
peacekeeping expenses only upon a certification by the Secretary of 
State to the appropriate committees of the Congress that American 
manufacturers and suppliers are being given opportunities to provide 
equipment, services, and material for United Nations peacekeeping 
activities equal to those being given to foreign manufacturers and 
suppliers: Provided further, That none of the funds made available 
under this heading are available to pay the United States share of the 
cost of court monitoring that is part of any United Nations 
peacekeeping mission.

                       International Commissions

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

 international boundary and water commission, united states and mexico

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

                         salaries and expenses

    For salaries and expenses, not otherwise provided for, $26,800,000.

                              construction

    For detailed plan preparation and construction of authorized 
projects, $4,475,000, to remain available until expended, as 
authorized.

              american sections, international commissions

    For necessary expenses, not otherwise provided, for the 
International Joint Commission and the International Boundary 
Commission, United States and Canada, as authorized by treaties between 
the United States and Canada or Great Britain, and for the Border 
Environment Cooperation Commission as authorized by Public Law 103-182, 
$9,356,000, of which not to exceed $9,000 shall be available for 
representation expenses incurred by the International Joint Commission.

                  international fisheries commissions

    For necessary expenses for international fisheries commissions, not 
otherwise provided for, as authorized by law, $19,097,000: Provided, 
That the United States' share of such expenses may be advanced to the 
respective commissions pursuant to 31 U.S.C. 3324.

                                 Other

                     payment to the asia foundation

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

                 eisenhower exchange fellowship program

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

                    israeli arab scholarship program

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

                            east-west center

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

                    national endowment for democracy

    For grants made by the Department of State to the National 
Endowment for Democracy as authorized by the National Endowment for 
Democracy Act, $51,000,000 to remain available until expended.

                             RELATED AGENCY

                    Broadcasting Board of Governors

                 international broadcasting operations

    For expenses necessary to enable the Broadcasting Board of 
Governors, as authorized, to carry out international communication 
activities, including the purchase, installation, rent, and improvement 
of facilities for radio and television transmission and reception to 
Cuba, and to make and supervise grants to the Middle East Television 
Network, including Radio Sawa, for radio and television broadcasting to 
the Middle East, $601,740,000; of which $6,000,000 shall remain 
available until expended, not to exceed $16,000 may be used for 
official receptions within the United States as authorized, not to 
exceed $35,000 may be used for representation abroad as authorized, and 
not to exceed $39,000 may be used for official reception and 
representation expenses of Radio Free Europe/Radio Liberty; and in 
addition, notwithstanding any other provision of law, not to exceed 
$2,000,000 in receipts from advertising and revenue from business 
ventures, not to exceed $500,000 in receipts from cooperating 
international organizations, and not to exceed $1,000,000 in receipts 
from privatization efforts of the Voice of America and the 
International Broadcasting Bureau, to remain available until expended 
for carrying out authorized purposes.

                   broadcasting capital improvements

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

       General Provisions--Department of State and Related Agency

    Sec. 401. Funds appropriated under this title shall be available, 
except as otherwise provided, for allowances and differentials as 
authorized by subchapter 59 of title 5, United States Code; for 
services as authorized by 5 U.S.C. 3109; and for hire of passenger 
transportation pursuant to 31 U.S.C. 1343(b).
    Sec. 402. Not to exceed 5 percent of any appropriation made 
available for the current fiscal year for the Department of State in 
this Act may be transferred between such appropriations, but no such 
appropriation, except as otherwise specifically provided, shall be 
increased by more than 10 percent by any such transfers: Provided, That 
not to exceed 5 percent of any appropriation made available for the 
current fiscal year for the Broadcasting Board of Governors in this Act 
may be transferred between such appropriations, but no such 
appropriation, except as otherwise specifically provided, shall be 
increased by more than 10 percent by any such transfers: Provided 
further, That any transfer pursuant to this section shall be treated as 
a reprogramming of funds under section 605 of this Act and shall not be 
available for obligation or expenditure except in compliance with the 
procedures set forth in that section.
    Sec. 403. None of the funds made available in this Act may be used 
by the Department of State or the Broadcasting Board of Governors to 
provide equipment, technical support, consulting services, or any other 
form of assistance to the Palestinian Broadcasting Corporation.
    Sec. 404. (a) The Senior Policy Operating Group on Trafficking in 
Persons, established under section 406 of division B of Public Law 108-
7 to coordinate agency activities regarding policies (including grants 
and grant policies) involving the international trafficking in persons, 
shall coordinate all such policies related to the activities of 
traffickers and victims of severe forms of trafficking.
    (b) None of the funds provided in this or any other Act shall be 
expended to perform functions that duplicate coordinating 
responsibilities of the Operating Group.
    (c) The Operating Group shall continue to report only to the 
authorities that appointed them pursuant to section 406 of division B 
of Public Law 108-7.
    Sec. 405. (a) Subsection (b) of section 36 of the State Department 
Basic Authorities Act of 1956 (22 U.S.C. 2708) is amended--
            (1) in paragraph (5) by striking ``or'' at the end;
            (2) in paragraph (6) by striking the period and inserting 
        ``; or''; and
            (3) by adding at the end the following new paragraph:
            ``(7) the disruption of financial mechanisms of a foreign 
        terrorist organization, including the use by the organization 
        of illicit narcotics production or international narcotics 
        trafficking--
                    ``(A) to finance acts of international terrorism; 
                or
                    ``(B) to sustain or support any terrorist 
                organization.''.
    (b) Subsection (e)(1) of such section is amended--
            (1) by striking ``$5,000,000'' and inserting 
        ``$25,000,000'';
            (2) by striking the second period at the end; and
            (3) by adding at the end the following new sentence: 
        ``Without first making such determination, the Secretary may 
        authorize a reward of up to twice the amount specified in this 
        paragraph for the capture or information leading to the capture 
        of a leader of a foreign terrorist organization.''.
    (c) Subsection (e) of such section is amended by adding at the end 
the following new paragraph:
            ``(6) Forms of reward payment.--The Secretary may make a 
        reward under this section in the form of money, a nonmonetary 
        item (including such items as automotive vehicles), or a 
        combination thereof.''.
    (d) Such section is amended--
            (1) by redesignating subsections (i) and (j) as subsections 
        (j) and (k), respectively; and
            (2) by inserting after subsection (h) the following new 
        subsection:
    ``(i) Media Surveys and Advertisements.--
            ``(1) Surveys conducted.--For the purpose of more 
        effectively disseminating information about the rewards 
        program, the Secretary may use the resources of the rewards 
        program to conduct media surveys, including analyses of media 
        markets, means of communication, and levels of literacy, in 
        countries determined by the Secretary to be associated with 
        acts of international terrorism.
            ``(2) Creation and purchase of advertisements.--The 
        Secretary may use the resources of the rewards program to 
        create advertisements to disseminate information about the 
        rewards program. The Secretary may base the content of such 
        advertisements on the findings of the surveys conducted under 
        paragraph (1). The Secretary may purchase radio or television 
        time, newspaper space, or make use of any other means of 
        advertisement, as appropriate.''.
    (e) Not later than 90 days after the date of the enactment of this 
Act, the Secretary of State shall submit to the Committees on 
Appropriations of the House of Representatives and of the Senate, the 
Committee on International Relations of the House of Representatives 
and the Committee on Foreign Relations of the Senate a plan to maximize 
awareness of the reward available under section 36 of the State 
Department Basic Authorities Act of 1956 (22 U.S.C. 2708 et seq.) for 
the capture or information leading to the capture of a leader of a 
foreign terrorist organization who may be in Pakistan or Afghanistan. 
The Secretary may use the resources of the rewards program to prepare 
the plan.
    This title may be cited as the ``Department of State and Related 
Agency Appropriations Act, 2005''.

                       TITLE V--RELATED AGENCIES

                   Antitrust Modernization Commission

                         salaries and expenses

    For necessary expenses of the Antitrust Modernization Commission, 
as authorized by Public Law 107-273, $1,200,000, to remain available 
until expended.

      Commission for the Preservation of America's Heritage Abroad

                         salaries and expenses

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

                       Commission on Civil Rights

                         salaries and expenses

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

             Commission on International Religious Freedom

                         salaries and expenses

    For necessary expenses for the United States Commission on 
International Religious Freedom, as authorized by title II of the 
International Religious Freedom Act of 1998 (Public Law 105-292), 
$3,000,000, to remain available until expended.

            Commission on Security and Cooperation in Europe

                         salaries and expenses

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

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

                         salaries and expenses

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

                Equal Employment Opportunity Commission

                         salaries and expenses

    For necessary expenses of the Equal Employment Opportunity 
Commission as authorized by title VII of the Civil Rights Act of 1964 
(29 U.S.C. 206(d) and 621-634), the Americans with Disabilities Act of 
1990, and the Civil Rights Act of 1991, including services as 
authorized by 5 U.S.C. 3109; hire of passenger motor vehicles as 
authorized by 31 U.S.C. 1343(b); non-monetary awards to private 
citizens; and not to exceed $33,000,000 for payments to State and local 
enforcement agencies for services to the Commission pursuant to title 
VII of the Civil Rights Act of 1964, sections 6 and 14 of the Age 
Discrimination in Employment Act, the Americans with Disabilities Act 
of 1990, and the Civil Rights Act of 1991, $334,944,000: Provided, That 
the Commission is authorized to make available for official reception 
and representation expenses not to exceed $2,500 from available funds: 
Provided further, That the Commission may take no action to implement 
any workforce repositioning, restructuring, or reorganization until 
such time as the Committee has been notified of such proposals, in 
accordance with the reprogramming provisions of section 605 of this 
Act.

                   Federal Communications Commission

                         salaries and expenses

    For necessary expenses of the Federal Communications Commission, as 
authorized by law, including uniforms and allowances therefor, as 
authorized by 5 U.S.C. 5901-5902; not to exceed $600,000 for land and 
structure; not to exceed $500,000 for improvement and care of grounds 
and repair to buildings; not to exceed $4,000 for official reception 
and representation expenses; purchase and hire of motor vehicles; 
special counsel fees; and services as authorized by 5 U.S.C. 3109, 
$279,851,000: Provided, That $272,958,000 of offsetting collections 
shall be assessed and collected pursuant to section 9 of title I of the 
Communications Act of 1934, shall be retained and used for necessary 
expenses in this appropriation, and shall remain available until 
expended: Provided further, That the sum herein appropriated shall be 
reduced as such offsetting collections are received during fiscal year 
2005 so as to result in a final fiscal year 2005 appropriation 
estimated at $6,893,000: Provided further, That any offsetting 
collections received in excess of $272,958,000 in fiscal year 2005 
shall remain available until expended, but shall not be available for 
obligation until October 1, 2005.

                        Federal Trade Commission

                         salaries and expenses

    For necessary expenses of the Federal Trade Commission, including 
uniforms or allowances therefor, as authorized by 5 U.S.C. 5901-5902; 
services as authorized by 5 U.S.C. 3109; hire of passenger motor 
vehicles; and not to exceed $2,000 for official reception and 
representation expenses, $203,430,000, to remain available until 
expended: Provided, That not to exceed $300,000 shall be available for 
use to contract with a person or persons for collection services in 
accordance with the terms of 31 U.S.C. 3718: Provided further, That, 
notwithstanding any other provision of law, not to exceed $101,000,000 
of offsetting collections derived from fees collected for premerger 
notification filings under the Hart-Scott-Rodino Antitrust Improvements 
Act of 1976 (15 U.S.C. 18a), regardless of the year of collection, 
shall be retained and used for necessary expenses in this 
appropriation: Provided further, That $21,901,000 in offsetting 
collections derived from fees sufficient to implement and enforce the 
Telemarketing Sales Rule, promulgated under the Telephone Consumer 
Fraud and Abuse Prevention Act (15 U.S.C. 6101 et seq.), shall be 
credited to this account, and be retained and used for necessary 
expenses in this appropriation: Provided further, That the sum herein 
appropriated from the general fund shall be reduced as such offsetting 
collections are received during fiscal year 2005, so as to result in a 
final fiscal year 2005 appropriation from the general fund estimated at 
not more than $80,529,000: Provided further, That none of the funds 
made available to the Federal Trade Commission may be used to implement 
or enforce subsections (a), (e), or (f)(2)(B) of section 43 of the 
Federal Deposit Insurance Act (12 U.S.C. 1831t) or section 151(b) of 
the Federal Deposit Insurance Corporation Improvement Act of 1991 (12 
U.S.C. 1831t note).

                            HELP Commission

                         salaries and expenses

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

                       Legal Services Corporation

               payment to the legal services corporation

    For payment to the Legal Services Corporation to carry out the 
purposes of the Legal Services Corporation Act of 1974, $335,282,000, 
of which $316,604,000 is for basic field programs and required 
independent audits; $2,573,000 is for the Office of Inspector General, 
of which such amounts as may be necessary may be used to conduct 
additional audits of recipients; $13,160,000 is for management and 
administration; and $2,945,000 is for client self-help and information 
technology: Provided, That not to exceed $1,000,000 from amounts 
previously appropriated under this heading may be used for a student 
loan repayment pilot program.

          administrative provision--legal services corporation

    None of the funds appropriated in this Act to the Legal Services 
Corporation shall be expended for any purpose prohibited or limited by, 
or contrary to any of the provisions of, sections 501, 502, 503, 504, 
505, and 506 of Public Law 105-119, and all funds appropriated in this 
Act to the Legal Services Corporation shall be subject to the same 
terms and conditions set forth in such sections, except that all 
references in sections 502 and 503 to 1997 and 1998 shall be deemed to 
refer instead to 2004 and 2005, respectively.

                        Marine Mammal Commission

                         salaries and expenses

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

           National Veterans Business Development Corporation

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

                   Securities and Exchange Commission

                         salaries and expenses

    For necessary expenses for the Securities and Exchange Commission, 
including services as authorized by 5 U.S.C. 3109, the rental of space 
(to include multiple year leases) in the District of Columbia and 
elsewhere, and not to exceed $3,000 for official reception and 
representation expenses, $913,000,000, to remain available until 
expended; of which not to exceed $10,000 may be used toward funding a 
permanent secretariat for the International Organization of Securities 
Commissions; and of which not to exceed $100,000 shall be available for 
expenses for consultations and meetings hosted by the Commission with 
foreign governmental and other regulatory officials, members of their 
delegations, appropriate representatives and staff to exchange views 
concerning developments relating to securities matters, development and 
implementation of cooperation agreements concerning securities matters 
and provision of technical assistance for the development of foreign 
securities markets, such expenses to include necessary logistic and 
administrative expenses and the expenses of Commission staff and 
foreign invitees in attendance at such consultations and meetings 
including: (1) such incidental expenses as meals taken in the course of 
such attendance; (2) any travel and transportation to or from such 
meetings; and (3) any other related lodging or subsistence: Provided, 
That fees and charges authorized by sections 6(b) of the Securities 
Exchange Act of 1933 (15 U.S.C. 77f(b)), and 13(e), 14(g) and 31 of the 
Securities Exchange Act of 1934 (15 U.S.C. 78m(e), 78n(g), and 78ee), 
shall be credited to this account as offsetting collections: Provided 
further, That not to exceed $893,000,000 of such offsetting collections 
shall be available until expended for necessary expenses of this 
account: Provided further, That $20,000,000 shall be derived from prior 
year unobligated balances from funds previously appropriated to the 
Securities and Exchange Commission: Provided further, That the total 
amount appropriated under this heading from the general fund for fiscal 
year 2005 shall be reduced as such offsetting fees are received so as 
to result in a final total fiscal year 2005 appropriation from the 
general fund estimated at not more than $0.

                     Small Business Administration

                         salaries and expenses

    For necessary expenses, not otherwise provided for, of the Small 
Business Administration as authorized by Public Law 106-554, including 
hire of passenger motor vehicles as authorized by 31 U.S.C. 1343 and 
1344, and not to exceed $3,500 for official reception and 
representation expenses, $322,322,000: Provided, That the Administrator 
is authorized to charge fees to cover the cost of publications 
developed by the Small Business Administration, and certain loan 
servicing activities: Provided further, That, notwithstanding 31 U.S.C. 
3302, revenues received from all such activities shall be credited to 
this account, to be available for carrying out these purposes without 
further appropriations.

                      office of inspector general

    For necessary expenses of the Office of Inspector General in 
carrying out the provisions of the Inspector General Act of 1978, 
$14,500,000.

                 surety bond guarantees revolving fund

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

                     business loans program account

    Subject to section 502 of the Congressional Budget Act of 1974, 
during fiscal year 2005 commitments to guarantee loans under section 
503 of the Small Business Investment Act of 1958, shall not exceed 
$4,500,000,000: Provided further, That during fiscal year 2005 
commitments for general business loans authorized under section 7(a) of 
the Small Business Act, shall not exceed $12,500,000,000: Provided 
further, That during fiscal year 2005 commitments to guarantee loans 
for debentures and participating securities under section 303(b) of the 
Small Business Investment Act of 1958, shall not exceed the levels 
established by section 20(i)(1)(C) of the Small Business Act: Provided 
further, That during fiscal year 2005 guarantees of trust certificates 
authorized by section 5(g) of the Small Business Act shall not exceed a 
principal amount of $10,000,000,000.
    In addition, for administrative expenses to carry out the direct 
and guaranteed loan programs, $128,000,000, which may be transferred to 
and merged with the appropriations for Salaries and Expenses.

                     disaster loans program account

    For the cost of direct loans authorized by section 7(b) of the 
Small Business Act, $78,887,000, to remain available until expended: 
Provided, That such costs, including the cost of modifying such loans, 
shall be as defined in section 502 of the Congressional Budget Act of 
1974.
    In addition, for administrative expenses to carry out the direct 
loan program, $117,000,000, which may be transferred to and merged with 
appropriations for Salaries and Expenses, of which $500,000 is for the 
Office of Inspector General of the Small Business Administration for 
audits and reviews of disaster loans and the disaster loan program and 
shall be transferred to and merged with appropriations for the Office 
of Inspector General; of which $108,000,000 is for direct 
administrative expenses of loan making and servicing to carry out the 
direct loan program to remain available until expended; and of which 
$8,500,000 is for indirect administrative expenses: Provided, That any 
amount in excess of $8,500,000 to be transferred to and merged with 
appropriations for Salaries and Expenses for indirect administrative 
expenses shall be treated as a reprogramming of funds under section 605 
of this Act and shall not be available for obligation or expenditure 
except in compliance with the procedures set forth in that section.

        administrative provision--small business administration

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

                        State Justice Institute

                         salaries and expenses

    For necessary expenses of the State Justice Institute, as 
authorized by the State Justice Institute Authorization Act of 1992 
(Public Law 102-572), $2,227,000: Provided, That not to exceed $2,500 
shall be available for official reception and representation expenses.

      United States-China Economic and Security Review Commission

                         salaries and expenses

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

                    United States Institute of Peace

                           operating expenses

    For necessary expenses of the United States Institute of Peace as 
authorized in the United States Institute of Peace Act, $23,000,000.

                      TITLE VI--GENERAL PROVISIONS

    Sec. 601. No part of any appropriation contained in this Act shall 
be used for publicity or propaganda purposes not authorized by the 
Congress.
    Sec. 602. No part of any appropriation contained in this Act shall 
remain available for obligation beyond the current fiscal year unless 
expressly so provided herein.
    Sec. 603. The expenditure of any appropriation under this Act for 
any consulting service through procurement contract, pursuant to 5 
U.S.C. 3109, shall be limited to those contracts where such 
expenditures are a matter of public record and available for public 
inspection, except where otherwise provided under existing law, or 
under existing Executive order issued pursuant to existing law.
    Sec. 604. If any provision of this Act or the application of such 
provision to any person or circumstances shall be held invalid, the 
remainder of the Act and the application of each provision to persons 
or circumstances other than those as to which it is held invalid shall 
not be affected thereby.
    Sec. 605. (a) None of the funds provided under this Act, or 
provided under previous appropriations Acts to the agencies funded by 
this Act that remain available for obligation or expenditure in fiscal 
year 2005, or provided from any accounts in the Treasury of the United 
States derived by the collection of fees available to the agencies 
funded by this Act, shall be available for obligation or expenditure 
through a reprogramming of funds that: (1) creates new programs; (2) 
eliminates a program, project, or activity; (3) increases funds or 
personnel by any means for any project or activity for which funds have 
been denied or restricted; (4) relocates an office or employees; (5) 
reorganizes offices, programs or activities; or (6) contracts out or 
privatizes any functions or activities presently performed by Federal 
employees; unless the Appropriations Committees of both Houses of 
Congress are notified 15 days in advance of such reprogramming of 
funds.
    (b) None of the funds provided under this Act, or provided under 
previous appropriations Acts to the agencies funded by this Act that 
remain available for obligation or expenditure in fiscal year 2005, or 
provided from any accounts in the Treasury of the United States derived 
by the collection of fees available to the agencies funded by this Act, 
shall be available for obligation or expenditure for activities, 
programs, or projects through a reprogramming of funds in excess of 
$500,000 or 10 percent, whichever is less, that: (1) augments existing 
programs, projects or activities; (2) reduces by 10 percent funding for 
any existing program, project, or activity, or numbers of personnel by 
10 percent as approved by Congress; or (3) results from any general 
savings, including savings from a reduction in personnel, which would 
result in a change in existing programs, activities, or projects as 
approved by Congress; unless the Appropriations Committees of both 
Houses of Congress are notified 15 days in advance of such 
reprogramming of funds.
    Sec. 606. None of the funds made available in this Act may be used 
for the construction, repair (other than emergency repair), overhaul, 
conversion, or modernization of vessels for the National Oceanic and 
Atmospheric Administration in shipyards located outside of the United 
States.
    Sec. 607. (a) It is the sense of Congress that, to the greatest 
extent practicable, all equipment and products purchased with funds 
made available in the Act should be American-made.
    (b) In providing financial assistance to, or entering into any 
contract with, any entity using funds made available in this Act, the 
head of each Federal agency, to the greatest extent practicable, shall 
provide to such entity a notice describing the statement made in 
subsection (a) by the Congress.
    (c) If it has been finally determined by a court or Federal agency 
that any person intentionally affixed a label bearing a ``Made in 
America'' inscription, or any inscription with the same meaning, to any 
product sold in or shipped to the United States that is not made in the 
United States, the person shall be ineligible to receive any contract 
or subcontract made with funds made available in this Act, pursuant to 
the debarment, suspension, and ineligibility procedures described in 
sections 9.400 through 9.409 of title 48, Code of Federal Regulations.
    Sec. 608. None of the funds made available in this Act may be used 
to implement, administer, or enforce any guidelines of the Equal 
Employment Opportunity Commission covering harassment based on 
religion, when it is made known to the Federal entity or official to 
which such funds are made available that such guidelines do not differ 
in any respect from the proposed guidelines published by the Commission 
on October 1, 1993 (58 Fed. Reg. 51266).
    Sec. 609. None of the funds made available by this Act may be used 
for any United Nations undertaking when it is made known to the Federal 
official having authority to obligate or expend such funds that: (1) 
the United Nations undertaking is a peacekeeping mission; (2) such 
undertaking will involve United States Armed Forces under the command 
or operational control of a foreign national; and (3) the President's 
military advisors have not submitted to the President a recommendation 
that such involvement is in the national security interests of the 
United States and the President has not submitted to the Congress such 
a recommendation.
    Sec. 610. The Departments of Commerce, Justice, and State, the 
Judiciary, the Securities and Exchange Commission and the Small 
Business Administration shall provide to the Committees on 
Appropriations of the Senate and of the House of Representatives a 
quarterly accounting of the cumulative balances of any unobligated 
funds that were received by such agency during any previous fiscal 
year.
    Sec. 611. (a) None of the funds appropriated or otherwise made 
available by this Act shall be expended for any purpose for which 
appropriations are prohibited by section 609 of the Departments of 
Commerce, Justice, and State, the Judiciary, and Related Agencies 
Appropriations Act, 1999.
    (b) The requirements in subparagraphs (A) and (B) of section 609 of 
that Act shall continue to apply during fiscal year 2005.
    Sec. 612. Any costs incurred by a department or agency funded under 
this Act resulting from personnel actions taken in response to funding 
reductions included in this Act shall be absorbed within the total 
budgetary resources available to such department or agency: Provided, 
That the authority to transfer funds between appropriations accounts as 
may be necessary to carry out this section is provided in addition to 
authorities included elsewhere in this Act: Provided further, That use 
of funds to carry out this section shall be treated as a reprogramming 
of funds under section 605 of this Act and shall not be available for 
obligation or expenditure except in compliance with the procedures set 
forth in that section.
    Sec. 613. None of the funds provided by this Act shall be available 
to promote the sale or export of tobacco or tobacco products, or to 
seek the reduction or removal by any foreign country of restrictions on 
the marketing of tobacco or tobacco products, except for restrictions 
which are not applied equally to all tobacco or tobacco products of the 
same type.
    Sec. 614. (a) None of the funds appropriated or otherwise made 
available by this Act shall be expended for any purpose for which 
appropriations are prohibited by section 616 of the Departments of 
Commerce, Justice, and State, the Judiciary, and Related Agencies 
Appropriations Act, 1999.
    (b) The requirements in subsections (b) and (c) of section 616 of 
that Act shall continue to apply during fiscal year 2005.
    Sec. 615. None of the funds appropriated pursuant to this Act or 
any other provision of law may be used for--
            (1) the implementation of any tax or fee in connection with 
        the implementation of subsection 922(t) of title 18, United 
        States Code; and
            (2) any system to implement subsection 922(t) of title 18, 
        United States Code, that does not require and result in the 
        destruction of any identifying information submitted by or on 
        behalf of any person who has been determined not to be 
        prohibited from possessing or receiving a firearm no more than 
        24 hours after the system advises a Federal firearms licensee 
        that possession or receipt of a firearm by the prospective 
        transferee would not violate subsection (g) or (n) of section 
        922 of title 18, United States Code, or State law.
    Sec. 616. Notwithstanding any other provision of law, amounts 
deposited or available in the Fund established under 42 U.S.C. 10601 in 
any fiscal year in excess of $650,000,000 shall not be available for 
obligation until the following fiscal year.
    Sec. 617. None of the funds made available to the Department of 
Justice in this Act may be used to discriminate against or denigrate 
the religious or moral beliefs of students who participate in programs 
for which financial assistance is provided from those funds, or of the 
parents or legal guardians of such students.
    Sec. 618. None of the funds appropriated or otherwise made 
available to the Department of State shall be available for the purpose 
of granting either immigrant or nonimmigrant visas, or both, consistent 
with the determination of the Secretary of State under section 243(d) 
of the Immigration and Nationality Act, to citizens, subjects, 
nationals, or residents of countries that the Secretary of Homeland 
Security has determined deny or unreasonably delay accepting the return 
of citizens, subjects, nationals, or residents under that section.
    Sec. 619. None of the funds made available to the Department of 
Justice in this Act may be used for the purpose of transporting an 
individual who is a prisoner pursuant to conviction for crime under 
State or Federal law and is classified as a maximum or high security 
prisoner, other than to a prison or other facility certified by the 
Federal Bureau of Prisons as appropriately secure for housing such a 
prisoner.
    Sec. 620. (a) None of the funds appropriated by this Act may be 
used by Federal prisons to purchase cable television services, to rent 
or purchase videocassettes, videocassette recorders, or other 
audiovisual or electronic equipment used primarily for recreational 
purposes.
    (b) The preceding sentence does not preclude the renting, 
maintenance, or purchase of audiovisual or electronic equipment for 
inmate training, religious, or educational programs.
    Sec. 621. None of the funds made available in this Act may be 
transferred to any department, agency, or instrumentality of the United 
States Government, except pursuant to a transfer made by, or transfer 
authority provided in, this Act or any other appropriation Act.
    Sec. 622. The Departments of Commerce, Justice, State, the 
Judiciary, the Securities and Exchange Commission and the Small 
Business Administration shall, not later than two months after the date 
of the enactment of this Act, certify that telecommuting opportunities 
are made available to 100 percent of the eligible workforce: Provided, 
That, of the total amounts appropriated to the Departments of Commerce, 
Justice, State, the Judiciary, the Securities and Exchange Commission 
and the Small Business Administration, $5,000,000 shall be available 
only upon such certification: Provided further, That each Department or 
agency shall provide quarterly reports to the Committees on 
Appropriations on the status of telecommuting programs, including the 
number of Federal employees eligible for, and participating in, such 
programs: Provided further, That each Department or agency shall 
designate a ``Telework Coordinator'' to be responsible for overseeing 
the implementation and operations of telecommuting programs, and serve 
as a point of contact on such programs for the Committees on 
Appropriations.
    Sec. 623. (a) Tracing studies conducted by the Bureau of Alcohol, 
Tobacco, Firearms and Explosives are released without adequate 
disclaimers regarding the limitations of the data.
    (b) The Bureau of Alcohol, Tobacco, Firearms and Explosives shall 
include in all such data releases, language similar to the following 
that would make clear that trace data cannot be used to draw broad 
conclusions about firearms-related crime:
            (1) Firearm traces are designed to assist law enforcement 
        authorities in conducting investigations by tracking the sale 
        and possession of specific firearms. Law enforcement agencies 
        may request firearms traces for any reason, and those reasons 
        are not necessarily reported to the Federal Government. Not all 
        firearms used in crime are traced and not all firearms traced 
        are used in crime.
            (2) Firearms selected for tracing are not chosen for 
        purposes of determining which types, makes or models of 
        firearms are used for illicit purposes. The firearms selected 
        do not constitute a random sample and should not be considered 
        representative of the larger universe of all firearms used by 
        criminals, or any subset of that universe. Firearms are 
        normally traced to the first retail seller, and sources 
        reported for firearms traced do not necessarily represent the 
        sources or methods by which firearms in general are acquired 
        for use in crime.
    Sec. 624. None of the funds appropriated or otherwise made 
available under this Act may be used to issue patents on claims 
directed to or encompassing a human organism.
    Sec. 625. None of the funds made available in this Act may be used 
to pay expenses for any United States delegation to the United Nations 
Human Rights Commission if such commission is chaired or presided over 
by a country, the government of which the Secretary of State has 
determined, for purposes of section 6(j)(1) of the Export 
Administration Act of 1979 (50 U.S.C. App. 2405(j)(1)), has repeatedly 
provided support for acts of international terrorism.
    Sec. 626. Section 604 of the Secure Embassy Construction and 
Counterterrorism Act of 1999 (title VI of division A of H.R. 3427, as 
enacted by section 1000(a)(7) of Public Law 106-113) is amended by 
adding the following new subsection at the end:
    ``(e) Capital Security Cost Sharing.--
            ``(1) Authority.--Notwithstanding any other provision of 
        law, all agencies with personnel overseas subject to chief of 
        mission authority pursuant to section 207 of the Foreign 
        Service Act of 1980 (22 U.S.C. 3927) shall participate and 
        provide funding in advance for their share of costs of 
        providing new, safe, secure United States diplomatic 
        facilities, without offsets, on the basis of the total overseas 
        presence of each agency as determined annually by the Secretary 
        of State in consultation with such agency. Amounts advanced by 
        such agencies to the Department of State shall be credited to 
        the Embassy Security, Construction and Maintenance account, and 
        remain available until expended.
            ``(2) Implementation.--Implementation of this subsection 
        shall be carried out in a manner that encourages right-sizing 
        of each agency's overseas presence.
            ``(3) Exclusion.--For purposes of this subsection `agency' 
        does not include the Marine Security Guard.''.

                         TITLE VII--RESCISSIONS

                         DEPARTMENT OF JUSTICE

                       Office of Justice Programs

               state and local law enforcement assistance

                              (rescission)

    Of the unobligated balances available under this heading, 
$20,000,000 are rescinded.

                  community oriented policing services

                              (rescission)

    Of the unobligated balances available under this heading, 
$61,000,000 are rescinded.
    This Act may be cited as the ``Departments of Commerce, Justice, 
and State, the Judiciary, and Related 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 Commerce, Justice, and 
 State, the Judiciary, and related agencies for the fiscal year ending 
              September 30, 2005, and for other purposes.

_______________________________________________________________________

                              July 1, 2004

Committed to the Committee of the Whole House on the State of the Union 
                       and ordered to be printed
```