108TH CONGRESS

2D SESSION H. R. 4754

AN ACT

Making appropriations for the Departments of

tember 30, 2005, and for other purposes.related agencies for the fiscal year ending SepCommerce, Justice, and State, the Judiciary, and

108TH CONGRESS

2D SESSION H. R. 4754

AN ACT

Making appropriations for the Departments of Commerce,

Justice, and State, the Judiciary, and related agencies

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

other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,
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1 That the following sums are appropriated, out of any

2 money in the Treasury not otherwise appropriated, for the

3 fiscal year ending September 30, 2005, and for other pur4 poses, namely:

5 TITLE I—DEPARTMENT OF JUSTICE

6 GENERAL ADMINISTRATION

7 SALARIES AND EXPENSES

8 For expenses necessary for the administration of the

9 Department of Justice, $124,906,000 (reduced by

10 $27,000,000) (reduced by $50,000), of which not to ex11 ceed $3,317,000 is for the Facilities Program 2000, to

12 remain available until expended: Provided, That not to ex13 ceed 45 permanent positions and 46 full-time equivalent

14 workyears and $11,078,000 (reduced by $50,000) shall be

15 expended for the Department Leadership Program exclu16 sive of augmentation that occurred in these offices in fiscal

17 year 2004: Provided further, That not to exceed 26 perma18 nent positions, 21 full-time equivalent workyears and

19 $3,305,000 shall be expended for the Office of Legislative

20 Affairs: Provided further, That not to exceed 15 perma21 nent positions, 20 full-time equivalent workyears and

22 $1,990,000 shall be expended for the Office of Public Af23 fairs: Provided further, That the latter two aforementioned

24 offices may utilize non-reimbursable details of career em-
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1 ployees within the caps described in the preceding two pro2 visos.

3 JOINT AUTOMATED BOOKING SYSTEM

4 For expenses necessary for the nationwide deploy5 ment of a Joint Automated Booking System including

6 automated capability to transmit fingerprint and image

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

8 30, 2006.

9 INTEGRATED AUTOMATED FINGERPRINT IDENTIFICATION

10 SYSTEM

11 For necessary expenses for the planning, develop12 ment, and deployment of an integrated fingerprint identi13 fication system, including automated capability to trans14 mit fingerprint and image data, $5,054,000, to remain

15 available until September 30, 2006.

16 LEGAL ACTIVITIES OFFICE AUTOMATION

17 For necessary expenses related to the design, develop18 ment, engineering, acquisition, and implementation of of19 fice automation systems for the organizations funded

20 under the headings ‘‘Salaries and Expenses, General

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

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

23 United States Marshals Service, the Antitrust Division,

24 the United States Trustee Program, the Executive Office

25 for Immigration Review, the Community Relations Serv26 ice, the Bureau of Prisons, the Office of Justice Programs,
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1 and the United States Parole Commission, $50,000,000

2 (reduced by $33,251,000), to remain available until Sep3 tember 30, 2006.

4 NARROWBAND COMMUNICATIONS

5 For the costs of conversion to narrowband commu6 nications, including the cost for operation and mainte7 nance of Land Mobile Radio legacy systems,

8 $100,000,000, to remain available until September 30,

9 2006: Provided, That the Attorney General shall transfer

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

11 made available to the Department of Justice for the pur12 chase of portable and mobile radios: Provided further,

13 That any transfer made under the preceding proviso shall

14 be subject to section 605 of this Act.

15 ADMINISTRATIVE REVIEW AND APPEALS

16 For expenses necessary for the administration of par17 don and clemency petitions and immigration-related activi18 ties, $202,518,000.

19 DETENTION TRUSTEE

20 For necessary expenses of the Federal Detention

21 Trustee, $938,810,000, to remain available until ex22 pended: Provided, That the Trustee shall be responsible

23 for managing the Justice Prisoner and Alien Transpor24 tation System and for overseeing housing related to such

25 detention: Provided further, That any unobligated balances

26 available in prior years from the funds appropriated under
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1 the heading ‘‘Federal Prisoner Detention’’ shall be trans2 ferred to and merged with the appropriation under the

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

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

5 consultation with the Bureau of Prisons, shall submit a

6 plan for collecting information related to evaluating the

7 health and safety of Federal prisoners in non-Federal in8 stitutions no later than 180 days following the enactment

9 of this Act.

10 OFFICE OF INSPECTOR GENERAL

11 For necessary expenses of the Office of Inspector

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

13 meet unforeseen emergencies of a confidential character.

14 UNITED STATES PAROLE COMMISSION

15 SALARIES AND EXPENSES

16 For necessary expenses of the United States Parole

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

18 LEGAL ACTIVITIES

19 SALARIES AND EXPENSES, GENERAL LEGAL ACTIVITIES

20 For expenses necessary for the legal activities of the

21 Department of Justice, not otherwise provided for, includ22 ing not to exceed $20,000 for expenses of collecting evi23 dence, to be expended under the direction of, and to be

24 accounted for solely under the certificate of, the Attorney

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

26 in the District of Columbia, $639,314,000, of which not
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1 to exceed $10,000,000 for litigation support contracts

2 shall remain available until expended: Provided, That none

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

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

5 by any official or contract employee of the United States

6 Government: Provided further, That of the total amount

7 appropriated, not to exceed $1,000 shall be available to

8 the United States National Central Bureau, INTERPOL,

9 for official reception and representation expenses: Pro10 vided further, That notwithstanding any other provision of

11 law, upon a determination by the Attorney General that

12 emergent circumstances require additional funding for liti13 gation activities of the Civil Division, the Attorney General

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

15 General Legal Activities’’ from available appropriations

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

17 as may be necessary to respond to such circumstances:

18 Provided further, That any transfer pursuant to the pre19 vious proviso shall be treated as a reprogramming under

20 section 605 of this Act and shall not be available for obli21 gation or expenditure except in compliance with the proce22 dures set forth in that section.

23 In addition, for reimbursement of expenses of the De24 partment of Justice associated with processing cases

25 under the National Childhood Vaccine Injury Act of 1986,
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1 not to exceed $6,333,000, to be appropriated from the

2 Vaccine Injury Compensation Trust Fund.

3 SALARIES AND EXPENSES, ANTITRUST DIVISION

4 For expenses necessary for the enforcement of anti5 trust and kindred laws, $135,463,000, to remain available

6 until expended: Provided, That, notwithstanding any other

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

8 collections derived from fees collected for premerger notifi9 cation filings under the Hart-Scott-Rodino Antitrust Im10 provements Act of 1976 (15 U.S.C. 18a), regardless of

11 the year of collection, shall be retained and used for nec12 essary expenses in this appropriation, and shall remain

13 available until expended: Provided further, That the sum

14 herein appropriated from the general fund shall be re15 duced as such offsetting collections are received during fis16 cal year 2005, so as to result in a final fiscal year 2005

17 appropriation from the general fund estimated at not more

18 than $34,463,000.

19 SALARIES AND EXPENSES, UNITED STATES ATTORNEYS

20 For necessary expenses of the Offices of the United

21 States Attorneys, including inter-governmental and coop22 erative agreements, $1,535,000,000; of which not to ex23 ceed $2,500,000 shall be available until September 30,

24 2006, for: (1) training personnel in debt collection; (2) lo25 cating debtors and their property; (3) paying the net costs

26 of selling property; and (4) tracking debts owed to the
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1 United States Government: Provided, That of the total

2 amount appropriated, not to exceed $8,000 shall be avail3 able for official reception and representation expenses:

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

5 funds available for automated litigation support contracts

6 shall remain available until expended: Provided further,

7 That, in addition to reimbursable full-time equivalent

8 workyears available to the Offices of the United States At9 torneys, not to exceed 10,238 positions and 10,361 full10 time equivalent workyears shall be supported from the

11 funds appropriated in this Act for the United States At12 torneys.

13 UNITED STATES TRUSTEE SYSTEM FUND

14 For necessary expenses of the United States Trustee

15 Program, as authorized, $172,850,000, to remain avail16 able until expended and to be derived from the United

17 States Trustee System Fund: Provided, That, notwith18 standing any other provision of law, deposits to the Fund

19 shall be available in such amounts as may be necessary

20 to pay refunds due depositors: Provided further, That, not21 withstanding any other provision of law, $172,850,000 of

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

23 be retained and used for necessary expenses in this appro24 priation and remain available until expended: Provided

25 further, That the sum herein appropriated from the Fund

26 shall be reduced as such offsetting collections are received
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1 during fiscal year 2005, so as to result in a final fiscal

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

3 SALARIES AND EXPENSES, FOREIGN CLAIMS

4 SETTLEMENT COMMISSION

5 For expenses necessary to carry out the activities of

6 the Foreign Claims Settlement Commission, including

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

8 SALARIES AND EXPENSES, UNITED STATES MARSHALS

9 SERVICE

10 For necessary expenses of the United States Mar11 shals Service, $752,070,000; of which $17,472,000 shall

12 be available for 106 supervisory deputy marshal positions

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

14 shall be available for official reception and representation

15 expenses; and of which $4,000,000 for information tech16 nology systems shall remain available until expended; of

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

18 costs of courthouse security equipment, including fur19 nishings, relocations, and telephone systems and cabling,

20 and shall remain available until September 30, 2006: Pro21 vided, That, in addition to reimbursable full-time equiva22 lent workyears available to the United States Marshals

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

24 equivalent workyears shall be supported from the funds

25 appropriated in this Act for the United States Marshals

26 Service.
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1 CONSTRUCTION

2 For construction of United States Marshals Service

3 prisoner-holding space in United States courthouses and

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

5 expended.

6 FEES AND EXPENSES OF WITNESSES

7 For fees and expenses of witnesses, for expenses of

8 contracts for the procurement and supervision of expert

9 witnesses, for private counsel expenses, including ad10 vances, $177,585,000, to remain available until expended;

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

12 for construction of buildings for protected witness

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

14 available for the purchase and maintenance of armored ve15 hicles for transportation of protected witnesses; and of

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

17 for the purchase, installation, maintenance and upgrade

18 of secure telecommunications equipment and a secure

19 automated information network to store and retrieve the

20 identities and locations of protected witnesses.

21 SALARIES AND EXPENSES, COMMUNITY RELATIONS

22 SERVICE

23 For necessary expenses of the Community Relations

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

25 other provision of law, upon a determination by the Attor26 ney General that emergent circumstances require addi-
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1 tional funding for conflict resolution and violence preven2 tion activities of the Community Relations Service, the At3 torney General may transfer such amounts to the Commu4 nity Relations Service, from available appropriations for

5 the current fiscal year for the Department of Justice, as

6 may be necessary to respond to such circumstances: Pro7 vided further, That any transfer pursuant to the previous

8 proviso shall be treated as a reprogramming under section

9 605 of this Act and shall not be available for obligation

10 or expenditure except in compliance with the procedures

11 set forth in that section.

12 ASSETS FORFEITURE FUND

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

14 (F), and (G), $21,759,000, to be derived from the Depart15 ment of Justice Assets Forfeiture Fund.

16 PAYMENT TO RADIATION EXPOSURE COMPENSATION

17 TRUST FUND

18 In addition to amounts appropriated by subsection

19 3(e) of the Radiation Exposure Compensation Act (42

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

21 Radiation Exposure Compensation Trust Fund, to remain

22 available until expended.

23 INTERAGENCY LAW ENFORCEMENT

24 INTERAGENCY CRIME AND DRUG ENFORCEMENT

25 For necessary expenses for the identification, inves26 tigation, and prosecution of individuals associated with the
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1 most significant drug trafficking and affiliated money

2 laundering organizations not otherwise provided for, to in3 clude inter-governmental agreements with State and local

4 law enforcement agencies engaged in the investigation and

5 prosecution of individuals involved in organized crime drug

6 trafficking, $561,033,000, of which $50,000,000 shall re7 main available until expended: Provided, That any

8 amounts obligated from appropriations under this heading

9 may be used under authorities available to the organiza10 tions reimbursed from this appropriation.

11 FEDERAL BUREAU OF INVESTIGATION

12 SALARIES AND EXPENSES

13 For necessary expenses of the Federal Bureau of In14 vestigation for detection, investigation, and prosecution of

15 crimes against the United States; including purchase for

16 police-type use of not to exceed 2,988 passenger motor ve17 hicles, of which 2,619 will be for replacement only; and

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

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

20 $5,205,028,000; of which not to exceed $150,000,000

21 shall remain available until expended; of which

22 $916,000,000 shall be for counterterrorism investigations,

23 foreign counterintelligence, and other activities related to

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

25 the operations, equipment, and facilities of the Foreign
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1 Terrorist Tracking Task Force; and of which not to exceed

2 $20,000,000 is authorized to be made available for making

3 advances for expenses arising out of contractual or reim4 bursable agreements with State and local law enforcement

5 agencies while engaged in cooperative activities related to

6 violent crime, terrorism, organized crime, gang-related

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

8 not to exceed $200,000 shall be available for official recep9 tion and representation expenses: Provided further, That,

10 in addition to reimbursable full-time equivalent workyears

11 available to the Federal Bureau of Investigation, not to

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

13 workyears shall be supported from the funds appropriated

14 in this Act for the Federal Bureau of Investigation.

15 CONSTRUCTION

16 For necessary expenses to construct or acquire build17 ings and sites by purchase, or as otherwise authorized by

18 law (including equipment for such buildings); conversion

19 and extension of Federally-owned buildings; and prelimi20 nary planning and design of projects; $10,242,000, to re21 main available until expended: Provided, That $9,000,000

22 shall be available to lease a records management facility,

23 including equipment and relocation expenses, in Frederick

24 County, Virginia.
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1 DRUG ENFORCEMENT ADMINISTRATION

2 SALARIES AND EXPENSES

3 For necessary expenses of the Drug Enforcement Ad4 ministration, including not to exceed $70,000 to meet un5 foreseen emergencies of a confidential character pursuant

6 to 28 U.S.C. 530C; expenses for conducting drug edu7 cation and training programs, including travel and related

8 expenses for participants in such programs and the dis9 tribution of items of token value that promote the goals

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

11 passenger motor vehicles, of which 1,346 will be for re12 placement only, for police-type use, $1,661,503,000; of

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

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

15 be available for official reception and representation ex16 penses: Provided, That, in addition to reimbursable full17 time equivalent workyears available to the Drug Enforce18 ment Administration, not to exceed 8,440 positions and

19 8,289 full-time equivalent workyears shall be supported

20 from the funds appropriated in this Act for the Drug En21 forcement Administration: Provided further, That not to

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

23 shall be available for the design, construction and owner24 ship of a clandestine laboratory training facility and shall

25 remain available until expended.
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1 BUREAU OF ALCOHOL, TOBACCO, FIREARMS AND

2 EXPLOSIVES

3 SALARIES AND EXPENSES

4 For necessary expenses of the Bureau of Alcohol, To5 bacco, Firearms and Explosives, including the purchase of

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

7 650 shall be for replacement only; not to exceed $18,000

8 for official reception and representation expenses; for

9 training of State and local law enforcement agencies with

10 or without reimbursement, including training in connec11 tion with the training and acquisition of canines for explo12 sives and fire accelerants detection; and for provision of

13 laboratory assistance to State and local law enforcement

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

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

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

17 924(d)(2); and of which $10,000,000 shall remain avail18 able until expended: Provided, That no funds appropriated

19 herein shall be available for salaries or administrative ex20 penses in connection with consolidating or centralizing,

21 within the Department of Justice, the records, or any por22 tion thereof, of acquisition and disposition of firearms

23 maintained by Federal firearms licensees: Provided fur24 ther, That no funds appropriated herein shall be used to

25 pay administrative expenses or the compensation of any
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1 officer or employee of the United States to implement an

2 amendment or amendments to 27 CFR 178.118 or to

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

4 178.11 or remove any item from ATF Publication

5 5300.11 as it existed on January 1, 1994: Provided fur6 ther, That none of the funds appropriated herein shall be

7 available to investigate or act upon applications for relief

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

9 Provided further, That such funds shall be available to in10 vestigate and act upon applications filed by corporations

11 for relief from Federal firearms disabilities under section

12 925(c) of title 18, United States Code: Provided further,

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

14 may be used to transfer the functions, missions, or activi15 ties of the Bureau of Alcohol, Tobacco, Firearms and Ex16 plosives to other agencies or Departments in fiscal year

17 2005: Provided further, That no funds appropriated under

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

19 be used to disclose part or all of the contents of the Fire20 arms Trace System database maintained by the National

21 Trace Center of the Bureau of Alcohol, Tobacco, Fire22 arms, and Explosives or any information required to be

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

24 United States Code, or required to be reported pursuant

25 to paragraphs (3) and (7) of such section 923(g), to any-
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1 one other than a Federal, State, or local law enforcement

2 agency or a prosecutor solely in connection with and for

3 use in a bona fide criminal investigation or prosecution

4 and then only such information as pertains to the geo5 graphic jurisdiction of the law enforcement agency re6 questing the disclosure and not for use in any civil action

7 or proceeding other than an action or proceeding com8 menced by the Bureau of Alcohol, Tobacco, Firearms, and

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

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

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

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

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

14 proceeding other than a proceeding commenced by the Bu15 reau of Alcohol, Tobacco, Firearms, and Explosives to en16 force the provisions of that chapter, or a review of such

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

18 be construed to prevent the disclosure of statistical infor19 mation concerning total production, importation, and ex20 portation by each licensed importer (as defined in section

21 921(a)(9) of such title) and licensed manufacturer (as de22 fined in section 921(a)(10) of such title): Provided further,

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

24 shall be expended to promulgate or implement any rule

25 requiring a physical inventory of any business licensed
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1 under section 923 of title 18, United States Code: Pro2 vided further, That no funds under this Act may be used

3 to electronically retrieve information gathered pursuant to

4 18 U.S.C. 923(g)(4) by name or any personal identifica5 tion code: Provided further, That no funds authorized or

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

7 to deny any application for a license under section 923

8 of title 18, United States Code, or renewal of such a li9 cense due to a lack of business activity, provided that the

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

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

12 tax deduction for business expenses under the Internal

13 Revenue Code of 1986.

14 FEDERAL PRISON SYSTEM

15 SALARIES AND EXPENSES

16 For expenses necessary for the administration, oper17 ation, and maintenance of Federal penal and correctional

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

19 which 649 are for replacement only) and hire of law en20 forcement and passenger motor vehicles, and for the provi21 sion of technical assistance and advice on corrections re22 lated issues to foreign governments, $4,567,232,000: Pro23 vided, That the Attorney General may transfer to the

24 Health Resources and Services Administration such

25 amounts as may be necessary for direct expenditures by
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1 that Administration for medical relief for inmates of Fed2 eral penal and correctional institutions: Provided further,

3 That the Director of the Federal Prison System, where

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

5 fiscal intermediary claims processor to determine the

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

7 Prison System, furnish health services to individuals com8 mitted to the custody of the Federal Prison System: Pro9 vided further, That not to exceed $6,000 shall be available

10 for official reception and representation expenses: Pro11 vided further, That not to exceed $50,000,000 shall re12 main available until September 30, 2006: Provided further,

13 That, of the amounts provided for Contract Confinement,

14 not to exceed $20,000,000 shall remain available until ex15 pended to make payments in advance for grants, contracts

16 and reimbursable agreements, and other expenses author17 ized by section 501(c) of the Refugee Education Assist18 ance Act of 1980, for the care and security in the United

19 States of Cuban and Haitian entrants: Provided further,

20 That the Director of the Federal Prison System may ac21 cept donated property and services relating to the oper22 ation of the prison card program from a not-for-profit en23 tity which has operated such program in the past notwith24 standing the fact that such not-for-profit entity furnishes

25 services under contracts to the Federal Prison System re-
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1 lating to the operation of pre-release services, halfway

2 houses or other custodial facilities.

3 BUILDINGS AND FACILITIES

4 For planning, acquisition of sites and construction of

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

7 correctional use, including all necessary expenses incident

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

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

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

16 for work performed under this appropriation: Provided

17 further, That not to exceed 10 percent of the funds appro18 priated to ‘‘Buildings and Facilities’’ in this or any other

19 Act may be transferred to ‘‘Salaries and Expenses’’, Fed20 eral Prison System, upon notification by the Attorney

21 General to the Committees on Appropriations of the

22 House of Representatives and the Senate in compliance

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

24 FEDERAL PRISON INDUSTRIES, INCORPORATED

25 The Federal Prison Industries, Incorporated, is here26 by authorized to make such expenditures, within the limits
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1 of funds and borrowing authority available, and in accord

2 with the law, and to make such contracts and commit3 ments, without regard to fiscal year limitations as pro4 vided by section 9104 of title 31, United States Code, as

5 may be necessary in carrying out the program set forth

6 in the budget for the current fiscal year for such corpora7 tion, including purchase (not to exceed five for replace8 ment only) and hire of passenger motor vehicles.

9 LIMITATION ON ADMINISTRATIVE EXPENSES, FEDERAL

10 PRISON INDUSTRIES, INCORPORATED

11 Not to exceed $3,429,000 of the funds of the corpora12 tion shall be available for its administrative expenses, and

13 for services as authorized by 5 U.S.C. 3109, to be com14 puted on an accrual basis to be determined in accordance

15 with the corporation’s current prescribed accounting sys16 tem, and such amounts shall be exclusive of depreciation,

17 payment of claims, and expenditures which such account18 ing system requires to be capitalized or charged to cost

19 of commodities acquired or produced, including selling and

20 shipping expenses, and expenses in connection with acqui21 sition, construction, operation, maintenance, improvement,

22 protection, or disposition of facilities and other property

23 belonging to the corporation or in which it has an interest.
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1 OFFICE OF JUSTICE PROGRAMS

2 JUSTICE ASSISTANCE

3 For grants, contracts, cooperative agreements, and

4 other assistance authorized by title I of the Omnibus

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

6 Children’s Assistance Act, including salaries and expenses

7 in connection therewith, the Prosecutorial Remedies and

8 Other Tools to end the Exploitation of Children Today Act

9 of 2003 (Public Law 108–21), and the Victims of Crime

10 Act of 1984, $217,000,000, to remain available until ex11 pended.

12 STATE AND LOCAL LAW ENFORCEMENT ASSISTANCE

13 For grants, contracts, cooperative agreements, and

14 other assistance authorized by the Violent Crime Control

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

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

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

18 Trafficking and Violence Protection Act of 2000 (Public

19 Law 106–386); and other programs; $1,255,037,000 (in20 cluding amounts for administrative costs, which shall be

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

22 account): Provided, That funding provided under this

23 heading shall remain available until expended, as follows—

24 (1) $634,000,000 for the Edward Byrne Memo25 rial Justice Assistance Grant program pursuant to

26 the amendments made by section 201 of H.R. 3036
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1 of the 108th Congress, as passed by the House of

2 Representatives on March 30, 2004 (except that the

3 special rules for Puerto Rico established pursuant to

4 such amendments shall not apply for purposes of

5 this Act), of which—

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

7 Girls Clubs in public housing facilities and

8 other areas in cooperation with State and local

9 law enforcement, as authorized by section 401

10 of Public Law 104–294 (42 U.S.C. 13751

11 note);

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

13 National Institute of Justice in assisting units

14 of local government to identify, select, develop,

15 modernize, and purchase new technologies for

16 use by law enforcement, of which not to exceed

17 $1,000,000 shall be for use by the Bureau of

18 Justice Statistics to collect data necessary for

19 carrying out this program; and

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

21 activities;

22 (2) $325,000,000 for the State Criminal Alien

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

24 of the Immigration and Nationality Act;
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1 (3) $15,000,000 for assistance to Indian tribes,

2 of which—

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

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

5 of title II of the 1994 Act;

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

7 Tribal Courts Initiative; and

8 (C) $5,000,000 shall be available for dem9 onstration projects on alcohol and crime in In10 dian Country;

11 (4) $110,000,000 for discretionary grants au12 thorized by subpart 2 of part E, of title I of the

13 1968 Act, notwithstanding the provisions of section

14 511 of said Act;

15 (5) $10,000,000 for victim services programs

16 for victims of trafficking, as authorized by section

17 107(b)(2) of Public Law 106–386;

18 (6) $883,000 for the Missing Alzheimer’s Dis19 ease Patient Alert Program, as authorized by section

20 240001(c) of the 1994 Act;

21 (7) $50,000,000 for Drug Courts, as authorized

22 by Part EE of the 1968 Act;

23 (8) $1,979,000 for public awareness programs

24 addressing marketing scams aimed at senior citi-
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1 zens, as authorized by section 250005(3) of the

2 1994 Act;

3 (9) $10,000,000 for a prescription drug moni4 toring program;

5 (10) $52,175,000 for prison rape prevention

6 and prosecution programs as authorized by the Pris7 on Rape Elimination Act of 2003 (Public Law 108–

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

9 National Prison Rape Reduction Commission for au10 thorized activities;

11 (11) $35,000,000 for grants for residential sub12 stance abuse treatment for State prisoners, as au13 thorized by part S of the 1968 Act;

14 (12) $10,000,000 for a program to improve

15 State and local law enforcement intelligence capabili16 ties including training to ensure that constitutional

17 rights, civil liberties, civil rights, and privacy inter18 ests are protected throughout the intelligence proc19 ess; and

20 (13) $1,000,000 for a State and local law en21 forcement hate crimes training and technical assist22 ance program:

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

24 the funds made available under this title to increase the

25 number of law enforcement officers, the unit of local gov-
26

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1 ernment will achieve a net gain in the number of law en2 forcement officers who perform nonadministrative public

3 safety service.

4 WEED AND SEED PROGRAM FUND

5 For necessary expenses to implement ‘‘Weed and

6 Seed’’ program activities, $51,169,000, to remain avail7 able until expended, for inter-governmental agreements,

8 including grants, cooperative agreements, and contracts,

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

10 organizations, and agencies of local government engaged

11 in the investigation and prosecution of violent and gang12 related crimes and drug offenses in ‘‘Weed and Seed’’ des13 ignated communities, and for either reimbursements or

14 transfers to appropriation accounts of the Department of

15 Justice and other Federal agencies which shall be specified

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

17 program strategy: Provided, That funds designated by

18 Congress through language for other Department of Jus19 tice appropriation accounts for ‘‘Weed and Seed’’ program

20 activities shall be managed and executed by the Attorney

21 General through the Executive Office for Weed and Seed:

22 Provided further, That the Attorney General may direct

23 the use of other Department of Justice funds and per24 sonnel in support of ‘‘Weed and Seed’’ program activities

25 only after the Attorney General notifies the Committees
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1 on Appropriations of the House of Representatives and the

2 Senate in accordance with section 605 of this Act.

3 COMMUNITY ORIENTED POLICING SERVICES

4 For activities authorized by the Violent Crime Con5 trol and Law Enforcement Act of 1994 (Public Law 103–

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

7 remain available until expended: Provided, That funds

8 that become available as a result of deobligations from

9 prior year balances may not be obligated except in accord10 ance with section 605 of this Act: Provided further, That

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

12 Safe Streets Act of 1968 (‘‘the 1968 Act’’) shall not apply

13 to non-hiring grants made pursuant to part Q of title I

14 thereof (42 U.S.C. 3796dd et seq.). Of the amounts

15 provided—

16 (1) $113,000,000 is for law enforcement en17 hancement grants pursuant to the amendments

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

19 Congress, as passed by the House of Representatives

20 on March 30, 2004;

21 (2) $25,000,000 is for the matching grant pro22 gram for law enforcement armor vests as authorized

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

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

25 available to the Office of Justice Programs for test-
28

•HR 4754 EH

1 ing of and research relating to law enforcement

2 armor vests;

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

4 combat methamphetamine production and traf5 ficking and to enhance policing initiatives in ‘‘drug

6 hot spots’’;

7 (4) $20,000,000 is for Police Corps education

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

9 costs of new recruits shall be fully funded from

10 funds currently available;

11 (5) $130,000,000 is for a law enforcement tech12 nology program;

13 (6) $50,000,000 is for grants to upgrade crimi14 nal records, as authorized under the Crime Identi15 fication Technology Act of 1998 (42 U.S.C. 14601);

16 (7) $175,788,000 is for a DNA analysis and

17 backlog reduction program;

18 (8) $40,000,000 is for the Southwest Border

19 Prosecutor Initiative to reimburse State, county,

20 parish, tribal, or municipal governments only for

21 costs associated with the prosecution of criminal

22 cases declined by local United States Attorneys of23 fices;

24 (9) $15,000,000 is for an offender re-entry pro25 gram, as authorized by Public Law 107–273;
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•HR 4754 EH

1 (10) $30,000,000 is for Project Safe Neighbor2 hoods to reduce gun violence, and gang and drug-re3 lated crime; and

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

5 management and administration.

6 VIOLENCE AGAINST WOMEN PREVENTION AND

7 PROSECUTION PROGRAMS

8 For grants, contracts, cooperative agreements, and

9 other assistance for the prevention and prosecution of vio10 lence against women as authorized by the Omnibus Crime

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

12 the Violent Crime Control and Law Enforcement Act of

13 1994 (Public Law 103–322) (‘‘the 1994 Act’’); the Vic14 tims of Child Abuse Act of 1990 (‘‘the 1990 Act’’); the

15 Prosecutorial Remedies and Other Tools to end the Ex16 ploitation of Children Today Act of 2003 (Public Law

17 108–21); the Juvenile Justice and Delinquency Prevention

18 Act of 1974 (‘‘the 1974 Act’’); and the Victims of Traf19 ficking and Violence Protection Act of 2000 (Public Law

20 106–386); $383,551,000 to remain available until ex21 pended, as follows—

22 (1) $11,484,000 for the court appointed special

23 advocate program, as authorized by section 217 of

24 the 1990 Act;
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1 (2) $1,925,000 for child abuse training pro2 grams for judicial personnel and practitioners, as

3 authorized by section 222 of the 1990 Act;

4 (3) $983,000 for grants for televised testimony,

5 as authorized by Part N of the 1968 Act;

6 (4) $176,747,000 for grants to combat violence

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

8 Act, of which—

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

10 Institute of Justice for research and evaluation;

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

12 Juvenile Justice and Delinquency Prevention

13 for the Safe Start Program, as authorized by

14 the 1974 Act; and

15 (C) $15,000,000 shall be for transitional

16 housing assistance grants for victims of domes17 tic violence, stalking or sexual assault as au18 thorized by Public Law 108–21;

19 (5) $62,479,000 for grants to encourage arrest

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

21 (6) $38,274,000 for rural domestic violence and

22 child abuse enforcement assistance grants, as au23 thorized by section 40295 of the 1994 Act;
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•HR 4754 EH

1 (7) $4,415,000 for training programs as au2 thorized by section 40152 of the 1994 Act, and for

3 related local demonstration projects;

4 (8) $2,950,000 for grants to improve the stalk5 ing and domestic violence databases, as authorized

6 by section 40602 of the 1994 Act;

7 (9) $9,175,000 to reduce violent crimes against

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

9 of Public Law 106–386;

10 (10) $39,322,000 for legal assistance for vic11 tims, as authorized by section 1201 of Public Law

12 106–386;

13 (11) $4,458,000 for enhancing protection for

14 older and disabled women from domestic violence

15 and sexual assault as authorized by section 40802 of

16 the 1994 Act;

17 (12) $14,078,000 for the safe havens for chil18 dren pilot program as authorized by section 1301 of

19 Public Law 106–386;

20 (13) $6,922,000 for education and training to

21 end violence against and abuse of women with dis22 abilities, as authorized by section 1402 of Public

23 Law 106–386; and

24 (14) $10,339,000 for management and admin25 istration not elsewhere specified.
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1 JUVENILE JUSTICE PROGRAMS

2 For grants, contracts, cooperative agreements, and

3 other assistance authorized by the Juvenile Justice and

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

5 other juvenile justice programs, including salaries and ex6 penses in connection therewith to be transferred to and

7 merged with the appropriations for Justice Assistance,

8 $349,000,000, to remain available until expended, as

9 follows—

10 (1) $350,000 for concentration of Federal ef11 forts, as authorized by section 204 of the Act;

12 (2) $84,000,000 for State and local programs

13 authorized by section 221 of the Act, including

14 training and technical assistance to assist small,

15 non-profit organizations with the Federal grants

16 process;

17 (3) $70,000,000 for demonstration projects, as

18 authorized by sections 261 and 262 of the Act;

19 (4) $80,000,000 for delinquency prevention, as

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

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

22 Youth Program;

23 (B) $20,000,000 shall be for a gang resist24 ance education and training program to be ad25 ministered by the Bureau of Justice Assistance
33

•HR 4754 EH

1 and to be coordinated with the Bureau of Alco2 hol, Tobacco, Firearms and Explosives and the

3 Office of Juvenile Justice and Delinquency Pre4 vention; and

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

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

7 available for discretionary grants to States, for

8 programs and activities to enforce State laws

9 prohibiting the sale of alcoholic beverages to

10 minors or the purchase or consumption of alco11 holic beverages by minors, prevention and re12 duction of consumption of alcoholic beverages

13 by minors, and for technical assistance and

14 training;

15 (5) $10,000,000 for Project Childsafe;

16 (6) $20,000,000 for the Secure Our Schools

17 Act as authorized by Public Law 106–386;

18 (7) $10,650,000 for Project Sentry to reduce

19 youth gun violence, and gang and drug-related

20 crime;

21 (8) $14,000,000 for programs authorized by

22 the Victims of Child Abuse Act of 1990; and

23 (9) $60,000,000 for the Juvenile Accountability

24 Block Grants program as authorized by Public Law

25 107–273 and Guam shall be considered a State:
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•HR 4754 EH

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

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

3 statistics activities designed to benefit the programs or ac4 tivities authorized, and not more than 2 percent of each

5 amount may be used for training and technical assistance.

6 PUBLIC SAFETY OFFICERS BENEFITS

7 To remain available until expended, for payments au8 thorized by part L of title I of the Omnibus Crime Control

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

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

11 Law 100–690 (102 Stat. 4339–4340) (increased by

12 $50,000); and $3,615,000, to remain available until ex13 pended for payments as authorized by section 1201(b) of

14 said Act; and $2,795,000 for educational assistance, as

15 authorized by section 1212 of the 1968 Act.

16 GENERAL PROVISIONS—DEPARTMENT OF JUSTICE

17 SEC. 101. In addition to amounts otherwise made

18 available in this title for official reception and representa19 tion expenses, a total of not to exceed $60,000 from funds

20 appropriated to the Department of Justice in this title

21 shall be available to the Attorney General for official re22 ception and representation expenses.

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

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

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

26 were carried to term, or in the case of rape: Provided,
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1 That should this prohibition be declared unconstitutional

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

3 null and void.

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

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

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

7 SEC. 104. Nothing in the preceding section shall re8 move the obligation of the Director of the Bureau of Pris9 ons to provide escort services necessary for a female in10 mate to receive such service outside the Federal facility:

11 Provided, That nothing in this section in any way dimin12 ishes the effect of section 103 intended to address the phil13 osophical beliefs of individual employees of the Bureau of

14 Prisons.

15 SEC. 105. Authorities contained in the 21st Century

16 Department of Justice Appropriations Authorization Act

17 (Public Law 107–273) shall remain in effect until the ef18 fective date of a subsequent Department of Justice appro19 priations authorization Act.

20 SEC. 106. Not to exceed 5 percent of any appropria21 tion made available for the current fiscal year for the De22 partment of Justice in this Act may be transferred be23 tween such appropriations, but no such appropriation, ex24 cept as otherwise specifically provided, shall be increased

25 by more than 10 percent by any such transfers: Provided,
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1 That any transfer pursuant to this section shall be treated

2 as a reprogramming of funds under section 605 of this

3 Act and shall not be available for obligation except in com4 pliance with the procedures set forth in that section.

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

6 remain in effect during fiscal year 2005.

7 SEC. 108. The Attorney General is authorized to ex8 tend through September 30, 2006, the Personnel Manage9 ment Demonstration Project transferred to the Attorney

10 General pursuant to section 1115 of the Homeland Secu11 rity Act of 2002, Public Law 107–296 (6 U.S.C. 533).

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

13 this Act may be used by the Drug Enforcement Adminis14 tration to establish a procurement quota following the ap15 proval of a new drug application or an abbreviated new

16 drug application for a controlled substance.

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

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

19 SEC. 110. The limitation established in the preceding

20 section shall not apply to any new drug application or ab21 breviated new drug application for which the Drug En22 forcement Administration has reviewed and provided pub23 lic comments on labeling, promotion, risk management

24 plans, and any other documents.
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1 SEC. 111. (a) Section 8335(b) of title 5, United

2 States Code, is amended—

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

4 and

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

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

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

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

9 years of age’. The authority to grant exemptions in ac10 cordance with the preceding sentence shall cease to be

11 available after December 31, 2009.’’.

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

13 is amended—

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

15 and

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

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

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

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

20 years of age’. The authority to grant exemptions in ac21 cordance with the preceding sentence shall cease to be

22 available after December 31, 2009.’’.

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

24 5, United States Code, is amended by adding at the end

25 the following:
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1 ‘‘§ 5759. Retention and relocation bonuses for the

2 Federal Bureau of Investigation

3 ‘‘(a) AUTHORITY.—The Director of the Federal Bu4 reau of Investigation, after consultation with the Director

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

6 case-by-case basis, a bonus under this section to an em7 ployee of the Bureau if—

8 ‘‘(1)(A) the unusually high or unique qualifica9 tions of the employee or a special need of the Bu10 reau for the employee’s services makes it essential to

11 retain the employee; and

12 ‘‘(B) the Director of the Federal Bureau of In13 vestigation determines that, in the absence of such

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

15 ‘‘(i) the Federal service; or

16 ‘‘(ii) for a different position in the Federal

17 service; or

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

19 geographic area with a higher cost of living (as de20 termined by the Director of the Federal Bureau of

21 Investigation).

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

23 under this section is contingent upon the employee enter24 ing into a written service agreement with the Bureau to

25 complete a period of service with the Bureau. Such agree26 ment shall include—
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•HR 4754 EH

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

2 required to complete in return for the bonus; and

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

4 may be terminated before the agreed-upon service

5 period has been completed, and the effect of the ter6 mination.

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

8 under this section may not exceed 50 percent of the em9 ployee’s basic pay.

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

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

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

13 to grant bonuses under this section shall cease to be avail14 able after December 31, 2009.’’.

15 (b) The analysis for chapter 57 of title 5, United

16 States Code, is amended by adding at the end the fol17 lowing:

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

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

19 States Code is amended by adding at the end the fol20 lowing:
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1 ‘‘SUBCHAPTER VII—RETENTION OF RETIRED

2 SPECIALIZED EMPLOYEES AT THE FED3 ERAL BUREAU OF INVESTIGATION

4 ‘‘§ 3598. Federal Bureau of Investigation Reserve

5 Service

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

7 Bureau of Investigation may provide for the establishment

8 and training of a Federal Bureau of Investigation Reserve

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

10 Reserve Service’) for temporary reemployment of employ11 ees in the Bureau during periods of emergency, as deter12 mined by the Director.

13 ‘‘(b) MEMBERSHIP.—Membership in the FBI Re14 serve Service shall be limited to individuals who previously

15 served as full-time employees of the Bureau.

16 ‘‘(c) ANNUITANTS.—If an annuitant receiving an an17 nuity from the Civil Service Retirement and Disability

18 Fund becomes temporarily reemployed pursuant to this

19 section, such annuity shall not be discontinued thereby.

20 An annuitant so reemployed shall not be considered an

21 employee for the purposes of chapter 83 or 84.

22 ‘‘(d) NO IMPACT ON BUREAU PERSONNEL CEIL23 ING.—FBI Reserve Service members reemployed on a

24 temporary basis pursuant to this section shall not count

25 against any personnel ceiling applicable to the Bureau.
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1 ‘‘(e) EXPENSES.—The Director may provide mem2 bers of the FBI Reserve Service transportation and per

3 diem in lieu of subsistence, in accordance with applicable

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

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

6 FBI Reserve Service.

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

8 the FBI Reserve Service is not to exceed 500 members

9 at any given time.’’.

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

11 States Code, is amended by adding at the end the fol12 lowing:

‘‘SUBCHAPTER VII—RETENTION OF RETIRED SPECIALIZED EMPLOYEES AT

THE FEDERAL BUREAU OF INVESTIGATION

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

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

14 Code, is amended—

15 (1) by striking ‘‘and’’ at the end of subpara16 graph (E);

17 (2) by striking the period at the end of sub18 paragraph (F) and inserting ‘‘; and’’; and

19 (3) by inserting after subparagraph (F) the fol20 lowing:

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

22 Investigation, the primary duties and respon23 sibilities of which relate to intelligence functions
42

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1 (as determined by the Director of the Federal

2 Bureau of Investigation).’’.

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

4 Appropriations Act, 2005’’.

5 TITLE II—DEPARTMENT OF COMMERCE AND

6 RELATED AGENCIES

7 TRADE AND INFRASTRUCTURE DEVELOPMENT

8 RELATED AGENCIES

9 OFFICE OF THE UNITED STATES TRADE

10 REPRESENTATIVE

11 SALARIES AND EXPENSES

12 For necessary expenses of the Office of the United

13 States Trade Representative, including the hire of pas14 senger motor vehicles and the employment of experts and

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

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

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

18 for official reception and representation expenses: Pro19 vided further, That not less than $2,000,000 provided

20 under this heading shall be for expenses authorized by 19

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

22 INTERNATIONAL TRADE COMMISSION

23 SALARIES AND EXPENSES

24 For necessary expenses of the International Trade

25 Commission, including hire of passenger motor vehicles,
43

•HR 4754 EH

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

2 exceed $2,500 for official reception and representation ex3 penses, $61,700,000, to remain available until expended.

4 DEPARTMENT OF COMMERCE

5 INTERNATIONAL TRADE ADMINISTRATION

6 OPERATIONS AND ADMINISTRATION

7 For necessary expenses for international trade activi8 ties of the Department of Commerce provided for by law,

9 and for engaging in trade promotional activities abroad,

10 including expenses of grants and cooperative agreements

11 for the purpose of promoting exports of United States

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

13 medical coverage for dependent members of immediate

14 families of employees stationed overseas and employees

15 temporarily posted overseas; travel and transportation of

16 employees of the United States and Foreign Commercial

17 Service between two points abroad, without regard to 49

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

19 contract for services; rental of space abroad for periods

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

21 or improvement; purchase or construction of temporary

22 demountable exhibition structures for use abroad; pay23 ment of tort claims, in the manner authorized in the first

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

25 foreign countries; not to exceed $327,000 for official rep-
44

•HR 4754 EH

1 resentation expenses abroad; purchase of passenger motor

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

3 vehicle; obtaining insurance on official motor vehicles; and

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

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

6 to be retained and used by the International Trade Admin7 istration, notwithstanding 31 U.S.C. 3302: Provided, That

8 $47,509,000 shall be for Manufacturing and Services;

9 $39,087,000 shall be for Market Access and Compliance;

10 $58,044,000 shall be for the Import Administration of

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

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

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

14 for the Advocacy Center, $2,500,000 is for the Trade In15 formation Center, and $2,100,000 is for a China and Mid16 dle East Business Center; and $26,009,000 shall be for

17 Executive Direction and Administration: Provided further,

18 That the provisions of the first sentence of section 105(f)

19 and all of section 108(c) of the Mutual Educational and

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

21 2458(c)) shall apply in carrying out these activities with22 out regard to section 5412 of the Omnibus Trade and

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

24 for the purpose of this Act, contributions under the provi25 sions of the Mutual Educational and Cultural Exchange
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•HR 4754 EH

1 Act of 1961 shall include payment for assessments for

2 services provided as part of these activities.

3 BUREAU OF INDUSTRY AND SECURITY

4 OPERATIONS AND ADMINISTRATION

5 For necessary expenses for export administration and

6 national security activities of the Department of Com7 merce, including costs associated with the performance of

8 export administration field activities both domestically and

9 abroad; full medical coverage for dependent members of

10 immediate families of employees stationed overseas; em11 ployment of Americans and aliens by contract for services

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

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

14 arise in foreign countries; not to exceed $15,000 for offi15 cial representation expenses abroad; awards of compensa16 tion to informers under the Export Administration Act of

17 1979, and as authorized by 22 U.S.C. 401(b); and pur18 chase of passenger motor vehicles for official use and

19 motor vehicles for law enforcement use with special re20 quirement vehicles eligible for purchase without regard to

21 any price limitation otherwise established by law,

22 $68,393,000, to remain available until September 30,

23 2006, of which $7,128,000 shall be for inspections and

24 other activities related to national security: Provided, That

25 the provisions of the first sentence of section 105(f) and
46

•HR 4754 EH

1 all of section 108(c) of the Mutual Educational and Cul2 tural Exchange Act of 1961 (22 U.S.C. 2455(f) and

3 2458(c)) shall apply in carrying out these activities: Pro4 vided further, That payments and contributions collected

5 and accepted for materials or services provided as part of

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

7 of such activities, and for providing information to the

8 public with respect to the export administration and na9 tional security activities of the Department of Commerce

10 and other export control programs of the United States

11 and other governments.

12 ECONOMIC DEVELOPMENT ADMINISTRATION

13 ECONOMIC DEVELOPMENT ASSISTANCE PROGRAMS

14 For grants for economic development assistance as

15 provided by the Public Works and Economic Development

16 Act of 1965, and for trade adjustment assistance,

17 $289,762,000, to remain available until expended.

18 SALARIES AND EXPENSES

19 For necessary expenses of administering the eco20 nomic development assistance programs as provided for by

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

22 to monitor projects approved pursuant to title I of the

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

24 Trade Act of 1974, and the Community Emergency

25 Drought Relief Act of 1977.
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•HR 4754 EH

1 MINORITY BUSINESS DEVELOPMENT AGENCY

2 MINORITY BUSINESS DEVELOPMENT

3 For necessary expenses of the Department of Com4 merce in fostering, promoting, and developing minority

5 business enterprise, including expenses of grants, con6 tracts, and other agreements with public or private organi7 zations, $28,899,000.

8 ECONOMIC AND INFORMATION INFRASTRUCTURE

9 ECONOMIC AND STATISTICAL ANALYSIS

10 SALARIES AND EXPENSES

11 For necessary expenses, as authorized by law, of eco12 nomic and statistical analysis programs of the Department

13 of Commerce, $78,211,000, to remain available until Sep14 tember 30, 2006, of which $2,000,000 is for a grant to

15 the National Academy of Public Administration to study

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

17 the United States.

18 BUREAU OF THE CENSUS

19 SALARIES AND EXPENSES

20 For expenses necessary for collecting, compiling, ana21 lyzing, preparing, and publishing statistics, provided for

22 by law, $202,765,000.

23 PERIODIC CENSUSES AND PROGRAMS

24 For necessary expenses related to the 2010 decennial

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

26 30, 2006: Provided, That, of the total amount available
48

•HR 4754 EH

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

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

3 Only Census, $146,009,000 is for the American Commu4 nity Survey, and $80,161,000 is for the Master Address

5 File/Topologically Integrated Geographic Encoding and

6 Referencing (MAF/TIGER) system.

7 In addition, for expenses to collect and publish statis8 tics for other periodic censuses and programs provided for

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

10 30, 2006, of which $73,473,000 is for economic statistics

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

12 programs: Provided, That regarding construction of a fa13 cility at the Suitland Federal Center, quarterly reports re14 garding the expenditure of funds and project planning, de15 sign and cost decisions shall be provided by the Bureau,

16 in cooperation with the General Services Administration,

17 to the Committees on Appropriations of the Senate and

18 the House of Representatives: Provided further, That none

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

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

21 Programs’’ shall be used to fund the construction and ten22 ant build-out costs of a facility at the Suitland Federal

23 Center.
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1 NATIONAL TELECOMMUNICATIONS AND INFORMATION

2 ADMINISTRATION

3 SALARIES AND EXPENSES

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

5 the National Telecommunications and Information Ad6 ministration (NTIA), $15,282,000, to remain available

7 until September 30, 2006: Provided, That, notwith8 standing 31 U.S.C. 1535(d), the Secretary of Commerce

9 shall charge Federal agencies for costs incurred in spec10 trum management, analysis, and operations, and related

11 services and such fees shall be retained and used as offset12 ting collections for costs of such spectrum services, to re13 main available until expended: Provided further, That the

14 Secretary of Commerce is authorized to retain and use as

15 offsetting collections all funds transferred, or previously

16 transferred, from other Government agencies for all costs

17 incurred in telecommunications research, engineering, and

18 related activities by the Institute for Telecommunication

19 Sciences of NTIA, in furtherance of its assigned functions

20 under this paragraph, and such funds received from other

21 Government agencies shall remain available until ex22 pended.

23 PUBLIC TELECOMMUNICATIONS FACILITIES, PLANNING

24 AND CONSTRUCTION

25 For the administration of grants authorized by sec26 tion 392 of the Communications Act of 1934, $2,538,000,
50

•HR 4754 EH

1 to remain available until expended as authorized by sec2 tion 391 of the Act: Provided, That, notwithstanding the

3 provisions of section 391 of the Act, the prior year unobli4 gated balances may be made available for grants for

5 projects for which applications have been submitted and

6 approved during any fiscal year.

7 INFORMATION INFRASTRUCTURE GRANTS

8 For the administration of prior year grants, recov9 eries and unobligated balances of funds previously appro10 priated for grants are available only for the administration

11 of all open grants until their expiration.

12 UNITED STATES PATENT AND TRADEMARK OFFICE

13 SALARIES AND EXPENSES

14 For necessary expenses of the United States Patent

15 and Trademark Office provided for by law, including de16 fense of suits instituted against the Under Secretary of

17 Commerce for Intellectual Property and Director of the

18 United States Patent and Trademark Office,

19 $1,314,653,000, which shall be derived from offsetting

20 collections assessed and collected pursuant to 15 U.S.C.

21 1113 and 35 U.S.C. 41 and 376, and shall be retained

22 and used for necessary expenses in this appropriation:

23 Provided, That the sum herein appropriated from the gen24 eral fund shall be reduced as such offsetting collections

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

26 a fiscal year 2005 appropriation from the general fund
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1 estimated at $0: Provided further, That during fiscal year

2 2005, should the total amount of offsetting fee collections

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

4 accordingly: Provided further, That not less than 584 full5 time equivalents, 602 positions and $78,450,000 shall be

6 for the examination of trademark applications; and not

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

8 $866,007,000 shall be for the examination and searching

9 of patent applications: Provided further, That not more

10 than 264 full-time equivalents, 271 positions and

11 $36,861,000 shall be for the Office of the General Coun12 sel: Provided further, That from amounts provided herein,

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

14 2005 for official reception and representation expenses:

15 Provided further, That, notwithstanding section 1353 of

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

17 States Patent and Trademark Office may accept payment

18 or reimbursement from a non-Federal entity for travel,

19 subsistence, or related expenses for the purpose of ena20 bling an employee to attend and participate in a conven21 tion, conference, or meeting when the entity offering pay22 ment or reimbursement is a person or corporation subject

23 to regulation by the Office, or represents a person or cor24 poration subject to regulation by the Office, unless the

25 person or corporation is an organization exempt from tax-
52

•HR 4754 EH

1 ation pursuant to section 501(c)(3) of the Internal Rev2 enue Code of 1986.

3 Upon enactment of authorization to increase fees col4 lected pursuant to 35 U.S.C. 41, any resulting increased

5 receipts may be collected and credited to this account as

6 offsetting collections: Provided, That not to exceed

7 $218,754,000 derived from such offsetting collections

8 shall be available until expended for authorized purposes:

9 Provided further, That not less than 58 full-time equiva10 lents, 72 positions and $5,551,000 shall be for the exam11 ination of trademark applications; and not less than 378

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

13 shall be for the examination and searching of patent appli14 cations: Provided further, That not more than 20 full-time

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

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

17 total amount appropriated from fees collected in fiscal

18 year 2005, including such increased fees, shall not exceed

19 $1,533,407,000: Provided further, That in fiscal year

20 2005, from the amounts made available for ‘‘Salaries and

21 Expenses’’ for the United States Patent and Trademark

22 Office (PTO), the amounts necessary to pay (1) the dif23 ference between the percentage of basic pay contributed

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

25 5, United States Code, and the normal cost percentage
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•HR 4754 EH

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

2 of employees subject to subchapter III of chapter 83 of

3 that title; and (2) the present value of the otherwise un4 funded accruing costs, as determined by the Office of Per5 sonnel Management, of post-retirement life insurance and

6 post-retirement health benefits coverage for all PTO em7 ployees, shall be transferred to the Civil Service Retire8 ment and Disability Fund, the Employees Life Insurance

9 Fund, and the Employees Health Benefits Fund, as ap10 propriate, and shall be available for the authorized pur11 poses of those accounts.

12 SCIENCE AND TECHNOLOGY

13 TECHNOLOGY ADMINISTRATION

14 SALARIES AND EXPENSES

15 For necessary expenses for the Under Secretary for

16 Technology Office of Technology Policy, $6,547,000.

17 NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY

18 SCIENTIFIC AND TECHNICAL RESEARCH AND SERVICES

19 For necessary expenses of the National Institute of

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

21 available until expended, of which not to exceed

22 $8,982,000 may be transferred to the ‘‘Working Capital

23 Fund’’.

24 INDUSTRIAL TECHNOLOGY SERVICES

25 For necessary expenses of the Manufacturing Exten26 sion Partnership of the National Institute of Standards
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•HR 4754 EH

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

2 expended.

3 CONSTRUCTION OF RESEARCH FACILITIES

4 For construction of new research facilities, including

5 architectural and engineering design, and for renovation

6 and maintenance of existing facilities, not otherwise pro7 vided for the National Institute of Standards and Tech8 nology, as authorized by 15 U.S.C. 278c–278e,

9 $43,132,000, to remain available until expended.

10 NATIONAL OCEANIC AND ATMOSPHERIC

11 ADMINISTRATION

12 OPERATIONS, RESEARCH, AND FACILITIES

13 (INCLUDING TRANSFER OF FUNDS)

14 For necessary expenses of activities authorized by law

15 for the National Oceanic and Atmospheric Administration,

16 including maintenance, operation, and hire of aircraft;

17 grants, contracts, or other payments to nonprofit organi18 zations for the purposes of conducting activities pursuant

19 to cooperative agreements; and relocation of facilities as

20 authorized, $2,245,000,000, to remain available until Sep21 tember 30, 2006: Provided, That fees and donations re22 ceived by the National Ocean Service for the management

23 of the national marine sanctuaries may be retained and

24 used for the salaries and expenses associated with those

25 activities, notwithstanding 31 U.S.C. 3302: Provided fur26 ther, That, in addition, $79,000,000 shall be derived by
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•HR 4754 EH

1 transfer from the fund entitled ‘‘Promote and Develop

2 Fishery Products and Research Pertaining to American

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

4 provided for in direct obligations under this heading (of

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

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

7 $13,000,000 is derived from deobligations from prior

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

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

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

11 Atmospheric Research, $698,700,000 shall be for the Na12 tional Weather Service, $139,500,000 shall be for the Na13 tional Environmental Satellite, Data, and Information

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

15 Provided further, That no general administrative charge

16 shall be applied against an assigned activity included in

17 this Act or the report accompanying this Act: Provided

18 further, That the total amount available for National Oce19 anic and Atmospheric Administration corporate services

20 administrative support costs shall not exceed

21 $173,600,000: Provided further, That any deviation from

22 the amounts designated for specific activities in the report

23 accompanying this Act, or any use of deobligated balances

24 of funds provided under this heading in previous years
56

•HR 4754 EH

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

2 of this Act.

3 In addition, for necessary retired pay expenses under

4 the Retired Serviceman’s Family Protection and Survivor

5 Benefits Plan, and for payments for medical care of re6 tired personnel and their dependents under the Depend7 ents Medical Care Act (10 U.S.C. ch. 55), such sums as

8 may be necessary.

9 PROCUREMENT, ACQUISITION AND CONSTRUCTION

10 For procurement, acquisition and construction of

11 capital assets, including alteration and modification costs,

12 of the National Oceanic and Atmospheric Administration,

13 $840,000,000 to remain available until September 30,

14 2007: Provided, That of the amounts provided for the Na15 tional Polar-orbiting Operational Environmental Satellite

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

17 dollar matching basis with funds provided for the same

18 purpose by the Department of Defense: Provided further,

19 That any use of deobligated balances of funds provided

20 under this heading in previous years shall be subject to

21 the procedures set forth in section 605 of this Act: Pro22 vided further, That none of the funds provided in this Act

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

24 Atmospheric Administration, Procurement, Acquisition

25 and Construction’’ shall be used to fund the General Serv-
57

•HR 4754 EH

1 ices Administration’s standard construction and tenant

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

3 PACIFIC COASTAL SALMON RECOVERY

4 For necessary expenses associated with conservation

5 and habitat restoration of Pacific salmon populations list6 ed as endangered or threatened, $80,000,000.

7 FISHERIES FINANCE PROGRAM ACCOUNT

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

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

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

11 as defined in the Federal Credit Reform Act of 1990: Pro12 vided further, That these funds are only available to sub13 sidize gross obligations for the principal amount of direct

14 loans not to exceed $30,000,000 for traditional loan pro15 grams, fishing capacity reduction programs, individual

16 fishing quotas, aquaculture facilities, reconditioning of

17 fishing vessels for the purpose of reducing bycatch or re18 ducing capacity in an overfished fishery, and the purchase

19 of assets sold at foreclosure instituted by the Secretary:

20 Provided further, That none of the funds made available

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

22 new fishing vessel that will increase the harvesting capac23 ity in any United States fishery.
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•HR 4754 EH

1 DEPARTMENTAL MANAGEMENT

2 SALARIES AND EXPENSES

3 For expenses necessary for the departmental manage4 ment of the Department of Commerce provided for by law,

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

6 $52,109,000 (reduced by $50,000) (increased by

7 $50,000): Provided, That not to exceed 12 full-time

8 equivalents and $1,621,000 shall be expended for the leg9 islative affairs function of the Department.

10 OFFICE OF INSPECTOR GENERAL

11 For necessary expenses of the Office of Inspector

12 General in carrying out the provisions of the Inspector

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

14 GENERAL PROVISIONS—DEPARTMENT OF COMMERCE

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

16 appropriations and funds made available to the Depart17 ment of Commerce by this Act shall be available for the

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

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

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

21 be used for advanced payments not otherwise authorized

22 only upon the certification of officials designated by the

23 Secretary of Commerce that such payments are in the

24 public interest.

25 SEC. 202. During the current fiscal year, appropria26 tions made available to the Department of Commerce by
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•HR 4754 EH

1 this Act for salaries and expenses shall be available for

2 hire of passenger motor vehicles as authorized by 31

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

4 3109; and uniforms or allowances therefore, as authorized

5 by law (5 U.S.C. 5901–5902).

6 SEC. 203. Not to exceed 5 percent of any appropria7 tion made available for the current fiscal year for the De8 partment of Commerce in this Act may be transferred be9 tween such appropriations, but no such appropriation shall

10 be increased by more than 10 percent by any such trans11 fers: Provided, That any transfer pursuant to this section

12 shall be treated as a reprogramming of funds under sec13 tion 605 of this Act and shall not be available for obliga14 tion or expenditure except in compliance with the proce15 dures set forth in that section: Provided further, That the

16 Secretary of Commerce shall notify the Committees on Ap17 propriations at least 15 days in advance of the acquisition

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

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

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

21 Judiciary, and Related Agencies Appropriations Act.

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

23 agency funded under this title resulting from personnel

24 actions taken in response to funding reductions included

25 in this title or from actions taken for the care and protec-
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•HR 4754 EH

1 tion of loan collateral or grant property shall be absorbed

2 within the total budgetary resources available to such de3 partment or agency: Provided, That the authority to trans4 fer funds between appropriations accounts as may be nec5 essary to carry out this section is provided in addition to

6 authorities included elsewhere in this Act: Provided fur7 ther, That use of funds to carry out this section shall be

8 treated as a reprogramming of funds under section 605

9 of this Act and shall not be available for obligation or ex10 penditure except in compliance with the procedures set

11 forth in that section.

12 SEC. 205. Hereafter, none of the funds made avail13 able by this or any other Act for the Department of Com14 merce shall be available to reimburse the Unemployment

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

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

17 5, United States Code, for services performed by individ18 uals appointed to temporary positions within the Bureau

19 of the Census for purposes relating to the decennial cen20 suses of population.

21 This title may be cited as the ‘‘Department of Com22 merce and Related Agencies Appropriations Act, 2005’’.
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1 TITLE III—THE JUDICIARY

2 SUPREME COURT OF THE UNITED STATES

3 SALARIES AND EXPENSES

4 For expenses necessary for the operation of the Su5 preme Court, as required by law, excluding care of the

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

7 maintenance, and operation of an automobile for the Chief

8 Justice, not to exceed $10,000 for the purpose of trans9 porting Associate Justices, and hire of passenger motor

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

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

12 expenses; and for miscellaneous expenses, to be expended

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

14 CARE OF THE BUILDING AND GROUNDS

15 For such expenditures as may be necessary to enable

16 the Architect of the Capitol to carry out the duties im17 posed upon the Architect by the Act approved May 7,

18 1934 (40 U.S.C. 13a–13b), $9,979,000, which shall re19 main available until expended.

20 UNITED STATES COURT OF APPEALS FOR THE FEDERAL

21 CIRCUIT

22 SALARIES AND EXPENSES

23 For salaries of the chief judge, judges, and other offi24 cers and employees, and for necessary expenses of the

25 court, as authorized by law, $22,936,000.
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1 UNITED STATES COURT OF INTERNATIONAL TRADE

2 SALARIES AND EXPENSES

3 For salaries of the chief judge and eight judges, sala4 ries of the officers and employees of the court, services,

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

6 $14,888,000.

7 COURTS OF APPEALS, DISTRICT COURTS, AND OTHER

8 JUDICIAL SERVICES

9 SALARIES AND EXPENSES

10 For the salaries of circuit and district judges (includ11 ing judges of the territorial courts of the United States),

12 justices and judges retired from office or from regular ac13 tive service, judges of the United States Court of Federal

14 Claims, bankruptcy judges, magistrate judges, and all

15 other officers and employees of the Federal Judiciary not

16 otherwise specifically provided for, and necessary expenses

17 of the courts, as authorized by law, $4,177,244,000 (in18 cluding the purchase of firearms and ammunition); of

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

20 until expended for space alteration projects and for fur21 niture and furnishings related to new space alteration and

22 construction projects.

23 In addition, for expenses of the United States Court

24 of Federal Claims associated with processing cases under

25 the National Childhood Vaccine Injury Act of 1986, not
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•HR 4754 EH

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

2 Injury Compensation Trust Fund.

3 DEFENDER SERVICES

4 For the operation of Federal Defender organizations;

5 the compensation and reimbursement of expenses of attor6 neys appointed to represent persons under the Criminal

7 Justice Act of 1964; the compensation and reimbursement

8 of expenses of persons furnishing investigative, expert and

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

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

11 Criminal Justice Act maximums) and reimbursement of

12 expenses of attorneys appointed to assist the court in

13 criminal cases where the defendant has waived representa14 tion by counsel; the compensation and reimbursement of

15 travel expenses of guardians ad litem acting on behalf of

16 financially eligible minor or incompetent offenders in con17 nection with transfers from the United States to foreign

18 countries with which the United States has a treaty for

19 the execution of penal sentences; the compensation of at20 torneys appointed to represent jurors in civil actions for

21 the protection of their employment, as authorized by 28

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

23 administrative expenses, $676,469,000, to remain avail24 able until expended.
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•HR 4754 EH

1 FEES OF JURORS AND COMMISSIONERS

2 For fees and expenses of jurors as authorized by 28

3 U.S.C. 1871 and 1876; compensation of jury commis4 sioners as authorized by 28 U.S.C. 1863; and compensa5 tion of commissioners appointed in condemnation cases

6 pursuant to rule 71A(h) of the Federal Rules of Civil Pro7 cedure (28 U.S.C. Appendix Rule 71A(h)), $62,800,000,

8 to remain available until expended: Provided, That the

9 compensation of land commissioners shall not exceed the

10 daily equivalent of the highest rate payable under section

11 5332 of title 5, United States Code.

12 COURT SECURITY

13 For necessary expenses, not otherwise provided for,

14 incident to providing protective guard services for United

15 States courthouses and other facilities housing Federal

16 court operations, and the procurement, installation, and

17 maintenance of security equipment for United States

18 courthouses and other facilities housing Federal court op19 erations, including building ingress-egress control, inspec20 tion of mail and packages, directed security patrols, perim21 eter security, basic security services provided by the De22 partment of Homeland Security, and other similar activi23 ties as authorized by section 1010 of the Judicial Improve24 ment and Access to Justice Act (Public Law 100–702),

25 $379,580,000, of which not to exceed $15,000,000 shall

26 remain available until expended, to be expended directly
65

•HR 4754 EH

1 or transferred to the United States Marshals Service,

2 which shall be responsible for administering the Judicial

3 Facility Security Program consistent with standards or

4 guidelines agreed to by the Director of the Administrative

5 Office of the United States Courts and the Attorney Gen6 eral.

7 ADMINISTRATIVE OFFICE OF THE UNITED STATES

8 COURTS

9 SALARIES AND EXPENSES

10 For necessary expenses of the Administrative Office

11 of the United States Courts as authorized by law, includ12 ing travel as authorized by 31 U.S.C. 1345, hire of a pas13 senger motor vehicle as authorized by 31 U.S.C. 1343(b),

14 advertising and rent in the District of Columbia and else15 where, $68,635,000, of which not to exceed $8,500 is au16 thorized for official reception and representation expenses.

17 FEDERAL JUDICIAL CENTER

18 SALARIES AND EXPENSES

19 For necessary expenses of the Federal Judicial Cen20 ter, as authorized by Public Law 90–219, $21,737,000;

21 of which $1,800,000 shall remain available through Sep22 tember 30, 2006, to provide education and training to

23 Federal court personnel; and of which not to exceed

24 $1,000 is authorized for official reception and representa25 tion expenses.
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1 JUDICIAL RETIREMENT FUNDS

2 PAYMENT TO JUDICIARY TRUST FUNDS

3 For payment to the Judicial Officers’ Retirement

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

5 to the Judicial Survivors’ Annuities Fund, as authorized

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

7 States Court of Federal Claims Judges’ Retirement Fund,

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

9 UNITED STATES SENTENCING COMMISSION

10 SALARIES AND EXPENSES

11 For the salaries and expenses necessary to carry out

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

13 Code, $13,304,000, of which not to exceed $1,000 is au14 thorized for official reception and representation expenses.

15 GENERAL PROVISIONS—THE JUDICIARY

16 SEC. 301. Appropriations and authorizations made in

17 this title which are available for salaries and expenses shall

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

19 SEC. 302. Not to exceed 5 percent of any appropria20 tion made available for the current fiscal year for the Judi21 ciary in this Act may be transferred between such appro22 priations, but no such appropriation, except ‘‘Courts of

23 Appeals, District Courts, and Other Judicial Services, De24 fender Services’’ and ‘‘Courts of Appeals, District Courts,

25 and Other Judicial Services, Fees of Jurors and Commis-
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•HR 4754 EH

1 sioners’’, shall be increased by more than 10 percent by

2 any such transfers: Provided, That any transfer pursuant

3 to this section shall be treated as a reprogramming of

4 funds under section 605 of this Act and shall not be avail5 able for obligation or expenditure except in compliance

6 with the procedures set forth in that section.

7 SEC. 303. Notwithstanding any other provision of

8 law, the salaries and expenses appropriation for Courts of

9 Appeals, District Courts, and Other Judicial Services shall

10 be available for official reception and representation ex11 penses of the Judicial Conference of the United States:

12 Provided, That such available funds shall not exceed

13 $11,000 and shall be administered by the Director of the

14 Administrative Office of the United States Courts in the

15 capacity as Secretary of the Judicial Conference.

16 This title may be cited as the ‘‘Judiciary Appropria17 tions Act, 2005’’.

18 TITLE IV—DEPARTMENT OF STATE AND

19 RELATED AGENCY

20 DEPARTMENT OF STATE

21 ADMINISTRATION OF FOREIGN AFFAIRS

22 DIPLOMATIC AND CONSULAR PROGRAMS

23 For necessary expenses of the Department of State

24 and the Foreign Service not otherwise provided for, includ25 ing employment, without regard to civil service and classi-
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•HR 4754 EH

1 fication laws, of persons on a temporary basis (not to ex2 ceed $700,000 of this appropriation), as authorized by

3 section 801 of the United States Information and Edu4 cational Exchange Act of 1948; representation to certain

5 international organizations in which the United States

6 participates pursuant to treaties ratified pursuant to the

7 advice and consent of the Senate or specific Acts of Con8 gress; arms control, nonproliferation and disarmament ac9 tivities as authorized; acquisition by exchange or purchase

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

11 expenses of general administration, $3,580,000,000 (re12 duced by $25,000) (increased by $25,000): Provided, That

13 not to exceed 71 permanent positions and $8,649,000

14 shall be expended for the Bureau of Legislative Affairs:

15 Provided further, That, of the amount made available

16 under this heading, not to exceed $4,000,000 may be

17 transferred to, and merged with, funds in the ‘‘Emer18 gencies in the Diplomatic and Consular Service’’ appro19 priations account, to be available only for emergency evac20 uations and terrorism rewards: Provided further, That, of

21 the amount made available under this heading,

22 $319,994,000 shall be available only for public diplomacy

23 international information programs: Provided further,

24 That of the amount made available under this heading,

25 $3,000,000 shall be available only for the operations of
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•HR 4754 EH

1 the Office on Right-Sizing the United States Government

2 Overseas Presence: Provided further, That funds available

3 under this heading may be available for a United States

4 Government interagency task force to examine, coordinate

5 and oversee United States participation in the United Na6 tions headquarters renovation project: Provided further,

7 That no funds may be obligated or expended for proc8 essing licenses for the export of satellites of United States

9 origin (including commercial satellites and satellite compo10 nents) to the People’s Republic of China unless, at least

11 15 days in advance, the Committees on Appropriations of

12 the House of Representatives and the Senate are notified

13 of such proposed action.

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

15 from fees collected from other executive agencies for lease

16 or use of facilities located at the International Center in

17 accordance with section 4 of the International Center Act;

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

19 $490,000, to be derived from the reserve authorized by

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

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

22 United States Information and Educational Exchange

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

24 expended, may be credited to this appropriation from fees

25 or other payments received from English teaching, library,
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•HR 4754 EH

1 motion pictures, and publication programs and from fees

2 from educational advising and counseling and exchange

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

4 which shall be derived from reimbursements, surcharges,

5 and fees for use of Blair House facilities.

6 In addition, for the costs of worldwide security up7 grades, $658,701,000, to remain available until expended.

8 In addition, for the costs of worldwide OpenNet and

9 classified connectivity infrastructure, $40,000,000, to re10 main available until expended.

11 CAPITAL INVESTMENT FUND

12 For necessary expenses of the Capital Investment

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

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

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

16 heading.

17 OFFICE OF INSPECTOR GENERAL

18 For necessary expenses of the Office of Inspector

19 General, $30,435,000, notwithstanding section 209(a)(1)

20 of the Foreign Service Act of 1980 (Public Law 96–465),

21 as it relates to post inspections.

22 EDUCATIONAL AND CULTURAL EXCHANGE PROGRAMS

23 For expenses of educational and cultural exchange

24 programs, as authorized, $345,346,000, to remain avail25 able until expended: Provided, That not to exceed

26 $2,000,000, to remain available until expended, may be
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1 credited to this appropriation from fees or other payments

2 received from or in connection with English teaching, edu3 cational advising and counseling programs, and exchange

4 visitor programs as authorized.

5 REPRESENTATION ALLOWANCES

6 For representation allowances as authorized,

7 $8,640,000.

8 PROTECTION OF FOREIGN MISSIONS AND OFFICIALS

9 For expenses, not otherwise provided, to enable the

10 Secretary of State to provide for extraordinary protective

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

12 until September 30, 2006.

13 EMBASSY SECURITY, CONSTRUCTION, AND MAINTENANCE

14 For necessary expenses for carrying out the Foreign

15 Service Buildings Act of 1926 (22 U.S.C. 292–303), pre16 serving, maintaining, repairing, and planning for buildings

17 that are owned or directly leased by the Department of

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

19 the Harry S Truman Building, and carrying out the Dip20 lomatic Security Construction Program as authorized,

21 $611,680,000, to remain available until expended as au22 thorized, of which not to exceed $25,000 may be used for

23 domestic and overseas representation as authorized: Pro24 vided, That none of the funds appropriated in this para25 graph shall be available for acquisition of furniture, fur-
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1 nishings, or generators for other departments and agen2 cies.

3 In addition, for the costs of worldwide security up4 grades, acquisition, and construction as authorized,

5 $912,320,000, to remain available until expended.

6 EMERGENCIES IN THE DIPLOMATIC AND CONSULAR

7 SERVICE

8 For expenses necessary to enable the Secretary of

9 State to meet unforeseen emergencies arising in the Diplo10 matic and Consular Service, $7,000,000, to remain avail11 able until expended as authorized, of which not to exceed

12 $1,000,000 may be transferred to and merged with the

13 Repatriation Loans Program Account, subject to the same

14 terms and conditions.

15 REPATRIATION LOANS PROGRAM ACCOUNT

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

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

18 such loans, shall be as defined in section 502 of the Con19 gressional Budget Act of 1974. In addition, for adminis20 trative expenses necessary to carry out the direct loan pro21 gram, $607,000, which may be transferred to and merged

22 with the Diplomatic and Consular Programs account

23 under Administration of Foreign Affairs.

24 PAYMENT TO THE AMERICAN INSTITUTE IN TAIWAN

25 For necessary expenses to carry out the Taiwan Rela26 tions Act (Public Law 96–8), $19,482,000.
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1 PAYMENT TO THE FOREIGN SERVICE RETIREMENT AND

2 DISABILITY FUND

3 For payment to the Foreign Service Retirement and

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

5 INTERNATIONAL ORGANIZATIONS

6 CONTRIBUTIONS TO INTERNATIONAL ORGANIZATIONS

7 For expenses, not otherwise provided for, necessary

8 to meet annual obligations of membership in international

9 multilateral organizations, pursuant to treaties ratified

10 pursuant to the advice and consent of the Senate, conven11 tions or specific Acts of Congress, $1,194,210,000, of

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

13 direct loan to the United Nations for the cost of ren14 ovating its headquarters in New York: Provided further,

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

16 shall be as defined in section 502 of the Congressional

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

18 are available to subsidize total loan principal of up to

19 $1,200,000,000: Provided further, That any payment of

20 arrearages under this title shall be directed toward special

21 activities that are mutually agreed upon by the United

22 States and the respective international organization: Pro23 vided further, That none of the funds appropriated in this

24 paragraph shall be available for a United States contribu25 tion to an international organization for the United States
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1 share of interest costs made known to the United States

2 Government by such organization for loans incurred on

3 or after October 1, 1984, through external borrowings, ex4 cept that such restriction shall not apply to loans to the

5 United Nations for renovation of its headquarters.

6 CONTRIBUTIONS FOR INTERNATIONAL PEACEKEEPING

7 ACTIVITIES

8 For necessary expenses to pay assessed and other ex9 penses of international peacekeeping activities directed to

10 the maintenance or restoration of international peace and

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

12 made available under this Act shall be obligated or ex13 pended for any new or expanded United Nations peace14 keeping mission unless, at least 15 days in advance of vot15 ing for the new or expanded mission in the United Nations

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

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

18 of the House of Representatives and the Senate and other

19 appropriate committees of the Congress are notified of the

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

21 interest that will be served, and the planned exit strategy;

22 and (2) a reprogramming of funds pursuant to section 605

23 of this Act is submitted, and the procedures therein fol24 lowed, setting forth the source of funds that will be used

25 to pay for the cost of the new or expanded mission: Pro26 vided further, That funds shall be available for peace-
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•HR 4754 EH

1 keeping expenses only upon a certification by the Sec2 retary of State to the appropriate committees of the Con3 gress that American manufacturers and suppliers are

4 being given opportunities to provide equipment, services,

5 and material for United Nations peacekeeping activities

6 equal to those being given to foreign manufacturers and

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

8 available under this heading are available to pay the

9 United States share of the cost of court monitoring that

10 is part of any United Nations peacekeeping mission.

11 INTERNATIONAL COMMISSIONS

12 For necessary expenses, not otherwise provided for,

13 to meet obligations of the United States arising under

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

15 INTERNATIONAL BOUNDARY AND WATER COMMISSION,

16 UNITED STATES AND MEXICO

17 For necessary expenses for the United States Section

18 of the International Boundary and Water Commission,

19 United States and Mexico, and to comply with laws appli20 cable to the United States Section, including not to exceed

21 $6,000 for representation; as follows:

22 SALARIES AND EXPENSES

23 For salaries and expenses, not otherwise provided for,

24 $26,800,000.
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1 CONSTRUCTION

2 For detailed plan preparation and construction of au3 thorized projects, $4,475,000, to remain available until ex4 pended, as authorized.

5 AMERICAN SECTIONS, INTERNATIONAL COMMISSIONS

6 For necessary expenses, not otherwise provided, for

7 the International Joint Commission and the International

8 Boundary Commission, United States and Canada, as au9 thorized by treaties between the United States and Can10 ada or Great Britain, and for the Border Environment

11 Cooperation Commission as authorized by Public Law

12 103–182, $9,356,000, of which not to exceed $9,000 shall

13 be available for representation expenses incurred by the

14 International Joint Commission.

15 INTERNATIONAL FISHERIES COMMISSIONS

16 For necessary expenses for international fisheries

17 commissions, not otherwise provided for, as authorized by

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

19 of such expenses may be advanced to the respective com20 missions pursuant to 31 U.S.C. 3324.

21 OTHER

22 PAYMENT TO THE ASIA FOUNDATION

23 For a grant to the Asia Foundation, as authorized

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

25 $13,000,000, to remain available until expended, as au26 thorized.
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1 EISENHOWER EXCHANGE FELLOWSHIP PROGRAM

2 For necessary expenses of Eisenhower Exchange Fel3 lowships, Incorporated, as authorized by sections 4 and

4 5 of the Eisenhower Exchange Fellowship Act of 1990 (20

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

6 the Eisenhower Exchange Fellowship Program Trust

7 Fund on or before September 30, 2005, to remain avail8 able until expended: Provided, That none of the funds ap9 propriated herein shall be used to pay any salary or other

10 compensation, or to enter into any contract providing for

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

12 5 U.S.C. 5376; or for purposes which are not in accord13 ance with OMB Circulars A–110 (Uniform Administrative

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

15 Organizations), including the restrictions on compensation

16 for personal services.

17 ISRAELI ARAB SCHOLARSHIP PROGRAM

18 For necessary expenses of the Israeli Arab Scholar19 ship Program as authorized by section 214 of the Foreign

20 Relations Authorization Act, Fiscal Years 1992 and 1993

21 (22 U.S.C. 2452), all interest and earnings accruing to

22 the Israeli Arab Scholarship Fund on or before September

23 30, 2005, to remain available until expended.

24 EAST-WEST CENTER

25 To enable the Secretary of State to provide for car26 rying out the provisions of the Center for Cultural and
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•HR 4754 EH

1 Technical Interchange Between East and West Act of

2 1960, by grant to the Center for Cultural and Technical

3 Interchange Between East and West in the State of Ha4 waii, $5,000,000: Provided, That none of the funds appro5 priated herein shall be used to pay any salary, or enter

6 into any contract providing for the payment thereof, in

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

8 NATIONAL ENDOWMENT FOR DEMOCRACY

9 For grants made by the Department of State to the

10 National Endowment for Democracy as authorized by the

11 National Endowment for Democracy Act, $51,000,000

12 (reduced by $10,421,000) to remain available until ex13 pended.

14 RELATED AGENCY

15 BROADCASTING BOARD OF GOVERNORS

16 INTERNATIONAL BROADCASTING OPERATIONS

17 For expenses necessary to enable the Broadcasting

18 Board of Governors, as authorized, to carry out inter19 national communication activities, including the purchase,

20 installation, rent, and improvement of facilities for radio

21 and television transmission and reception to Cuba, and to

22 make and supervise grants to the Middle East Television

23 Network, including Radio Sawa, for radio and television

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

25 $6,000,000 shall remain available until expended, not to

26 exceed $16,000 may be used for official receptions within
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1 the United States as authorized, not to exceed $35,000

2 may be used for representation abroad as authorized, and

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

4 and representation expenses of Radio Free Europe/Radio

5 Liberty; and in addition, notwithstanding any other provi6 sion of law, not to exceed $2,000,000 in receipts from ad7 vertising and revenue from business ventures, not to ex8 ceed $500,000 in receipts from cooperating international

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

10 from privatization efforts of the Voice of America and the

11 International Broadcasting Bureau, to remain available

12 until expended for carrying out authorized purposes.

13 BROADCASTING CAPITAL IMPROVEMENTS

14 For the purchase, rent, construction, and improve15 ment of facilities for radio transmission and reception, and

16 purchase and installation of necessary equipment for radio

17 and television transmission and reception as authorized,

18 $8,560,000, to remain available until expended, as author19 ized.

20 GENERAL PROVISIONS—DEPARTMENT OF STATE AND

21 RELATED AGENCY

22 SEC. 401. Funds appropriated under this title shall

23 be available, except as otherwise provided, for allowances

24 and differentials as authorized by subchapter 59 of title

25 5, United States Code; for services as authorized by 5
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1 U.S.C. 3109; and for hire of passenger transportation pur2 suant to 31 U.S.C. 1343(b).

3 SEC. 402. Not to exceed 5 percent of any appropria4 tion made available for the current fiscal year for the De5 partment of State in this Act may be transferred between

6 such appropriations, but no such appropriation, except as

7 otherwise specifically provided, shall be increased by more

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

9 to exceed 5 percent of any appropriation made available

10 for the current fiscal year for the Broadcasting Board of

11 Governors in this Act may be transferred between such

12 appropriations, but no such appropriation, except as oth13 erwise specifically provided, shall be increased by more

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

15 That any transfer pursuant to this section shall be treated

16 as a reprogramming of funds under section 605 of this

17 Act and shall not be available for obligation or expenditure

18 except in compliance with the procedures set forth in that

19 section.

20 SEC. 403. None of the funds made available in this

21 Act may be used by the Department of State or the Broad22 casting Board of Governors to provide equipment, tech23 nical support, consulting services, or any other form of

24 assistance to the Palestinian Broadcasting Corporation.
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1 SEC. 404. (a) The Senior Policy Operating Group on

2 Trafficking in Persons, established under section 406 of

3 division B of Public Law 108–7 to coordinate agency ac4 tivities regarding policies (including grants and grant poli5 cies) involving the international trafficking in persons,

6 shall coordinate all such policies related to the activities

7 of traffickers and victims of severe forms of trafficking.

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

9 Act shall be expended to perform functions that duplicate

10 coordinating responsibilities of the Operating Group.

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

12 to the authorities that appointed them pursuant to section

13 406 of division B of Public Law 108–7.

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

15 State Department Basic Authorities Act of 1956 (22

16 U.S.C. 2708) is amended—

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

18 end;

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

20 inserting ‘‘; or’’; and

21 (3) by adding at the end the following new

22 paragraph:

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

24 a foreign terrorist organization, including the use by
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1 the organization of illicit narcotics production or

2 international narcotics trafficking—

3 ‘‘(A) to finance acts of international ter4 rorism; or

5 ‘‘(B) to sustain or support any terrorist or6 ganization.’’.

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

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

9 ‘‘$25,000,000’’;

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

11 and

12 (3) by adding at the end the following new sen13 tence: ‘‘Without first making such determination,

14 the Secretary may authorize a reward of up to twice

15 the amount specified in this paragraph for the cap16 ture or information leading to the capture of a lead17 er of a foreign terrorist organization.’’.

18 (c) Subsection (e) of such section is amended by add19 ing at the end the following new paragraph:

20 ‘‘(6) FORMS OF REWARD PAYMENT.—The Sec21 retary may make a reward under this section in the

22 form of money, a nonmonetary item (including such

23 items as automotive vehicles), or a combination

24 thereof.’’.

25 (d) Such section is amended—
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1 (1) by redesignating subsections (i) and (j) as

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

3 (2) by inserting after subsection (h) the fol4 lowing new subsection:

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

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

7 of more effectively disseminating information about

8 the rewards program, the Secretary may use the re9 sources of the rewards program to conduct media

10 surveys, including analyses of media markets, means

11 of communication, and levels of literacy, in countries

12 determined by the Secretary to be associated with

13 acts of international terrorism.

14 ‘‘(2) CREATION AND PURCHASE OF ADVERTISE15 MENTS.—The Secretary may use the resources of

16 the rewards program to create advertisements to dis17 seminate information about the rewards program.

18 The Secretary may base the content of such adver19 tisements on the findings of the surveys conducted

20 under paragraph (1). The Secretary may purchase

21 radio or television time, newspaper space, or make

22 use of any other means of advertisement, as appro23 priate.’’.

24 (e) Not later than 90 days after the date of the enact25 ment of this Act, the Secretary of State shall submit to
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1 the Committees on Appropriations of the House of Rep2 resentatives and of the Senate, the Committee on Inter3 national Relations of the House of Representatives and

4 the Committee on Foreign Relations of the Senate a plan

5 to maximize awareness of the reward available under sec6 tion 36 of the State Department Basic Authorities Act

7 of 1956 (22 U.S.C. 2708 et seq.) for the capture or infor8 mation leading to the capture of a leader of a foreign ter9 rorist organization who may be in Pakistan or Afghani10 stan. The Secretary may use the resources of the rewards

11 program to prepare the plan.

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

13 and Related Agency Appropriations Act, 2005’’.

14 TITLE V—RELATED AGENCIES

15 ANTITRUST MODERNIZATION COMMISSION

16 SALARIES AND EXPENSES

17 For necessary expenses of the Antitrust Moderniza18 tion Commission, as authorized by Public Law 107–273,

19 $1,200,000, to remain available until expended.

20 COMMISSION FOR THE PRESERVATION OF AMERICA’S

21 HERITAGE ABROAD

22 SALARIES AND EXPENSES

23 For expenses for the Commission for the Preservation

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

25 section 1303 of Public Law 99–83.
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1 COMMISSION ON CIVIL RIGHTS

2 SALARIES AND EXPENSES

3 For necessary expenses of the Commission on Civil

4 Rights, including hire of passenger motor vehicles,

5 $9,096,000: Provided, That not to exceed $50,000 may

6 be used to employ consultants: Provided further, That

7 none of the funds appropriated in this paragraph shall be

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

9 Schedule C of the Excepted Service exclusive of one special

10 assistant for each Commissioner: Provided further, That

11 none of the funds appropriated in this paragraph shall be

12 used to reimburse Commissioners for more than 75

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

14 is permitted 125 billable days.

15 COMMISSION ON INTERNATIONAL RELIGIOUS FREEDOM

16 SALARIES AND EXPENSES

17 For necessary expenses for the United States Com18 mission on International Religious Freedom, as authorized

19 by title II of the International Religious Freedom Act of

20 1998 (Public Law 105–292), $3,000,000, to remain avail21 able until expended.
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1 COMMISSION ON SECURITY AND COOPERATION IN

2 EUROPE

3 SALARIES AND EXPENSES

4 For necessary expenses of the Commission on Secu5 rity and Cooperation in Europe, as authorized by Public

6 Law 94–304, $1,831,000, to remain available until ex7 pended as authorized by section 3 of Public Law 99–7.

8 CONGRESSIONAL-EXECUTIVE COMMISSION ON THE

9 PEOPLE’S REPUBLIC OF CHINA

10 SALARIES AND EXPENSES

11 For necessary expenses of the Congressional-Execu12 tive Commission on the People’s Republic of China, as au13 thorized, $1,900,000, including not more than $3,000 for

14 the purpose of official representation, to remain available

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

16 Political Prisoner Database.

17 EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

18 SALARIES AND EXPENSES

19 For necessary expenses of the Equal Employment

20 Opportunity Commission as authorized by title VII of the

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

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

23 Rights Act of 1991, including services as authorized by

24 5 U.S.C. 3109; hire of passenger motor vehicles as author25 ized by 31 U.S.C. 1343(b); non-monetary awards to pri-
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1 vate citizens; and not to exceed $33,000,000 for payments

2 to State and local enforcement agencies for services to the

3 Commission pursuant to title VII of the Civil Rights Act

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

5 Employment Act, the Americans with Disabilities Act of

6 1990, and the Civil Rights Act of 1991, $334,944,000:

7 Provided, That the Commission is authorized to make

8 available for official reception and representation expenses

9 not to exceed $2,500 from available funds: Provided fur10 ther, That the Commission may take no action to imple11 ment any workforce repositioning, restructuring, or reor12 ganization until such time as the Committee has been noti13 fied of such proposals, in accordance with the reprogram14 ming provisions of section 605 of this Act.

15 FEDERAL COMMUNICATIONS COMMISSION

16 SALARIES AND EXPENSES

17 For necessary expenses of the Federal Communica18 tions Commission, as authorized by law, including uni19 forms and allowances therefor, as authorized by 5 U.S.C.

20 5901–5902; not to exceed $600,000 for land and struc21 ture; not to exceed $500,000 for improvement and care

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

23 for official reception and representation expenses; pur24 chase and hire of motor vehicles; special counsel fees; and

25 services as authorized by 5 U.S.C. 3109, $279,851,000:
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1 Provided, That $272,958,000 of offsetting collections shall

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

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

4 used for necessary expenses in this appropriation, and

5 shall remain available until expended: Provided further,

6 That the sum herein appropriated shall be reduced as such

7 offsetting collections are received during fiscal year 2005

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

9 estimated at $6,893,000: Provided further, That any off10 setting collections received in excess of $272,958,000 in

11 fiscal year 2005 shall remain available until expended, but

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

13 FEDERAL TRADE COMMISSION

14 SALARIES AND EXPENSES

15 For necessary expenses of the Federal Trade Com16 mission, including uniforms or allowances therefor, as au17 thorized by 5 U.S.C. 5901–5902; services as authorized

18 by 5 U.S.C. 3109; hire of passenger motor vehicles; and

19 not to exceed $2,000 for official reception and representa20 tion expenses, $203,430,000, to remain available until ex21 pended: Provided, That not to exceed $300,000 shall be

22 available for use to contract with a person or persons for

23 collection services in accordance with the terms of 31

24 U.S.C. 3718: Provided further, That, notwithstanding any

25 other provision of law, not to exceed $101,000,000 of off-
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1 setting collections derived from fees collected for

2 premerger notification filings under the Hart-Scott-Ro3 dino Antitrust Improvements Act of 1976 (15 U.S.C.

4 18a), regardless of the year of collection, shall be retained

5 and used for necessary expenses in this appropriation:

6 Provided further, That $21,901,000 in offsetting collec7 tions derived from fees sufficient to implement and enforce

8 the Telemarketing Sales Rule, promulgated under the

9 Telephone Consumer Fraud and Abuse Prevention Act

10 (15 U.S.C. 6101 et seq.), shall be credited to this account,

11 and be retained and used for necessary expenses in this

12 appropriation: Provided further, That the sum herein ap13 propriated from the general fund shall be reduced as such

14 offsetting collections are received during fiscal year 2005,

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

16 from the general fund estimated at not more than

17 $80,529,000: Provided further, That none of the funds

18 made available to the Federal Trade Commission may be

19 used to implement or enforce subsections (a), (e), or

20 (f)(2)(B) of section 43 of the Federal Deposit Insurance

21 Act (12 U.S.C. 1831t) or section 151(b) of the Federal

22 Deposit Insurance Corporation Improvement Act of 1991

23 (12 U.S.C. 1831t note).
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1 HELP COMMISSION

2 SALARIES AND EXPENSES

3 For necessary expenses of the HELP Commission,

4 $1,000,000, to remain available until expended.

5 LEGAL SERVICES CORPORATION

6 PAYMENT TO THE LEGAL SERVICES CORPORATION

7 For payment to the Legal Services Corporation to

8 carry out the purposes of the Legal Services Corporation

9 Act of 1974, $335,282,000, of which $316,604,000 is for

10 basic field programs and required independent audits;

11 $2,573,000 is for the Office of Inspector General, of which

12 such amounts as may be necessary may be used to conduct

13 additional audits of recipients; $13,160,000 is for manage14 ment and administration; and $2,945,000 is for client self15 help and information technology: Provided, That not to ex16 ceed $1,000,000 from amounts previously appropriated

17 under this heading may be used for a student loan repay18 ment pilot program.

19 ADMINISTRATIVE PROVISION—LEGAL SERVICES

20 CORPORATION

21 None of the funds appropriated in this Act to the

22 Legal Services Corporation shall be expended for any pur23 pose prohibited or limited by, or contrary to any of the

24 provisions of, sections 501, 502, 503, 504, 505, and 506

25 of Public Law 105–119, and all funds appropriated in this

26 Act to the Legal Services Corporation shall be subject to
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1 the same terms and conditions set forth in such sections,

2 except that all references in sections 502 and 503 to 1997

3 and 1998 shall be deemed to refer instead to 2004 and

4 2005, respectively.

5 MARINE MAMMAL COMMISSION

6 SALARIES AND EXPENSES

7 For necessary expenses of the Marine Mammal Com8 mission as authorized by title II of Public Law 92–522,

9 $1,890,000.

10 NATIONAL VETERANS BUSINESS DEVELOPMENT

11 CORPORATION

12 For necessary expenses of the National Veterans

13 Business Development Corporation as authorized under

14 section 33(a) of the Small Business Act, $2,000,000, to

15 remain available until expended.

16 SECURITIES AND EXCHANGE COMMISSION

17 SALARIES AND EXPENSES

18 For necessary expenses for the Securities and Ex19 change Commission, including services as authorized by

20 5 U.S.C. 3109, the rental of space (to include multiple

21 year leases) in the District of Columbia and elsewhere, and

22 not to exceed $3,000 for official reception and representa23 tion expenses, $913,000,000, to remain available until ex24 pended; of which not to exceed $10,000 may be used to25 ward funding a permanent secretariat for the Inter-
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1 national Organization of Securities Commissions; and of

2 which not to exceed $100,000 shall be available for ex3 penses for consultations and meetings hosted by the Com4 mission with foreign governmental and other regulatory

5 officials, members of their delegations, appropriate rep6 resentatives and staff to exchange views concerning devel7 opments relating to securities matters, development and

8 implementation of cooperation agreements concerning se9 curities matters and provision of technical assistance for

10 the development of foreign securities markets, such ex11 penses to include necessary logistic and administrative ex12 penses and the expenses of Commission staff and foreign

13 invitees in attendance at such consultations and meetings

14 including: (1) such incidental expenses as meals taken in

15 the course of such attendance; (2) any travel and trans16 portation to or from such meetings; and (3) any other re17 lated lodging or subsistence: Provided, That fees and

18 charges authorized by sections 6(b) of the Securities Ex19 change Act of 1933 (15 U.S.C. 77f(b)), and 13(e), 14(g)

20 and 31 of the Securities Exchange Act of 1934 (15 U.S.C.

21 78m(e), 78n(g), and 78ee), shall be credited to this ac22 count as offsetting collections: Provided further, That not

23 to exceed $893,000,000 of such offsetting collections shall

24 be available until expended for necessary expenses of this

25 account: Provided further, That $20,000,000 shall be de-
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•HR 4754 EH

1 rived from prior year unobligated balances from funds pre2 viously appropriated to the Securities and Exchange Com3 mission: Provided further, That the total amount appro4 priated under this heading from the general fund for fiscal

5 year 2005 shall be reduced as such offsetting fees are re6 ceived so as to result in a final total fiscal year 2005 ap7 propriation from the general fund estimated at not more

8 than $0.

9 SMALL BUSINESS ADMINISTRATION

10 SALARIES AND EXPENSES

11 For necessary expenses, not otherwise provided for,

12 of the Small Business Administration as authorized by

13 Public Law 106–554, including hire of passenger motor

14 vehicles as authorized by 31 U.S.C. 1343 and 1344, and

15 not to exceed $3,500 for official reception and representa16 tion expenses, $322,322,000 (reduced by $8,460,000) of

17 which $13,000,000 shall be available for microloan tech18 nical assistance, and of which $1,000,000 shall be trans19 ferred to and merged with appropriations for ‘Business

20 Loans Program Account’ and shall remain available until

21 expended for the cost of direct loans (increased by

22 $1,500,000): Provided, That the Administrator is author23 ized to charge fees to cover the cost of publications devel24 oped by the Small Business Administration, and certain

25 loan servicing activities: Provided further, That, notwith-
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1 standing 31 U.S.C. 3302, revenues received from all such

2 activities shall be credited to this account, to be available

3 for carrying out these purposes without further appropria4 tions.

5 OFFICE OF INSPECTOR GENERAL

6 For necessary expenses of the Office of Inspector

7 General in carrying out the provisions of the Inspector

8 General Act of 1978, $14,500,000.

9 SURETY BOND GUARANTEES REVOLVING FUND

10 For additional capital for the Surety Bond Guaran11 tees Revolving Fund, authorized by the Small Business

12 Investment Act, as amended, $11,400,000 (reduced by

13 1,500,000), to remain available until expended.

14 BUSINESS LOANS PROGRAM ACCOUNT

15 Subject to section 502 of the Congressional Budget

16 Act of 1974, during fiscal year 2005 commitments to

17 guarantee loans under section 503 of the Small Business

18 Investment Act of 1958, shall not exceed $4,500,000,000:

19 Provided further, That during fiscal year 2005 commit20 ments for general business loans authorized under section

21 7(a) of the Small Business Act, shall not exceed

22 $12,500,000,000: Provided further, That during fiscal

23 year 2005 commitments to guarantee loans for debentures

24 and participating securities under section 303(b) of the

25 Small Business Investment Act of 1958, shall not exceed

26 the levels established by section 20(i)(1)(C) of the Small
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1 Business Act: Provided further, That during fiscal year

2 2005 guarantees of trust certificates authorized by section

3 5(g) of the Small Business Act shall not exceed a principal

4 amount of $10,000,000,000.

5 In addition, for administrative expenses to carry out

6 the direct and guaranteed loan programs, $128,000,000

7 (increased by $79,132,000), which may be transferred to

8 and merged with the appropriations for Salaries and Ex9 penses.

10 DISASTER LOANS PROGRAM ACCOUNT

11 For the cost of direct loans authorized by section 7(b)

12 of the Small Business Act, $78,887,000, to remain avail13 able until expended: Provided, That such costs, including

14 the cost of modifying such loans, shall be as defined in

15 section 502 of the Congressional Budget Act of 1974.

16 In addition, for administrative expenses to carry out

17 the direct loan program, $117,000,000, which may be

18 transferred to and merged with appropriations for Salaries

19 and Expenses, of which $500,000 is for the Office of In20 spector General of the Small Business Administration for

21 audits and reviews of disaster loans and the disaster loan

22 program and shall be transferred to and merged with ap23 propriations for the Office of Inspector General; of which

24 $108,000,000 is for direct administrative expenses of loan

25 making and servicing to carry out the direct loan program

26 to remain available until expended; and of which
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1 $8,500,000 is for indirect administrative expenses: Pro2 vided, That any amount in excess of $8,500,000 to be

3 transferred to and merged with appropriations for Salaries

4 and Expenses for indirect administrative expenses shall be

5 treated as a reprogramming of funds under section 605

6 of this Act and shall not be available for obligation or ex7 penditure except in compliance with the procedures set

8 forth in that section.

9 ADMINISTRATIVE PROVISION—SMALL BUSINESS

10 ADMINISTRATION

11 Not to exceed 5 percent of any appropriation made

12 available for the current fiscal year for the Small Business

13 Administration in this Act may be transferred between

14 such appropriations, but no such appropriation shall be

15 increased by more than 10 percent by any such transfers:

16 Provided, That any transfer pursuant to this paragraph

17 shall be treated as a reprogramming of funds under sec18 tion 605 of this Act and shall not be available for obliga19 tion or expenditure except in compliance with the proce20 dures set forth in that section.

21 STATE JUSTICE INSTITUTE

22 SALARIES AND EXPENSES

23 For necessary expenses of the State Justice Institute,

24 as authorized by the State Justice Institute Authorization

25 Act of 1992 (Public Law 102–572), $2,227,000: Provided,
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1 That not to exceed $2,500 shall be available for official

2 reception and representation expenses.

3 UNITED STATES-CHINA ECONOMIC AND SECURITY

4 REVIEW COMMISSION

5 SALARIES AND EXPENSES

6 For necessary expenses of the United States-China

7 Economic and Security Review Commission, $3,000,000,

8 including not more than $5,000 for the purpose of official

9 representation.

10 UNITED STATES INSTITUTE OF PEACE

11 OPERATING EXPENSES

12 For necessary expenses of the United States Institute

13 of Peace as authorized in the United States Institute of

14 Peace Act, $23,000,000.

15 TITLE VI—GENERAL PROVISIONS

16 SEC. 601. No part of any appropriation contained in

17 this Act shall be used for publicity or propaganda purposes

18 not authorized by the Congress.

19 SEC. 602. No part of any appropriation contained in

20 this Act shall remain available for obligation beyond the

21 current fiscal year unless expressly so provided herein.

22 SEC. 603. The expenditure of any appropriation

23 under this Act for any consulting service through procure24 ment contract, pursuant to 5 U.S.C. 3109, shall be limited

25 to those contracts where such expenditures are a matter
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1 of public record and available for public inspection, except

2 where otherwise provided under existing law, or under ex3 isting Executive order issued pursuant to existing law.

4 SEC. 604. If any provision of this Act or the applica5 tion of such provision to any person or circumstances shall

6 be held invalid, the remainder of the Act and the applica7 tion of each provision to persons or circumstances other

8 than those as to which it is held invalid shall not be af9 fected thereby.

10 SEC. 605. (a) None of the funds provided under this

11 Act, or provided under previous appropriations Acts to the

12 agencies funded by this Act that remain available for obli13 gation or expenditure in fiscal year 2005, or provided from

14 any accounts in the Treasury of the United States derived

15 by the collection of fees available to the agencies funded

16 by this Act, shall be available for obligation or expenditure

17 through a reprogramming of funds that: (1) creates new

18 programs; (2) eliminates a program, project, or activity;

19 (3) increases funds or personnel by any means for any

20 project or activity for which funds have been denied or

21 restricted; (4) relocates an office or employees; (5) reorga22 nizes offices, programs or activities; or (6) contracts out

23 or privatizes any functions or activities presently per24 formed by Federal employees; unless the Appropriations
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1 Committees of both Houses of Congress are notified 15

2 days in advance of such reprogramming of funds.

3 (b) None of the funds provided under this Act, or

4 provided under previous appropriations Acts to the agen5 cies funded by this Act that remain available for obligation

6 or expenditure in fiscal year 2005, or provided from any

7 accounts in the Treasury of the United States derived by

8 the collection of fees available to the agencies funded by

9 this Act, shall be available for obligation or expenditure

10 for activities, programs, or projects through a reprogram11 ming of funds in excess of $500,000 or 10 percent, which12 ever is less, that: (1) augments existing programs, projects

13 or activities; (2) reduces by 10 percent funding for any

14 existing program, project, or activity, or numbers of per15 sonnel by 10 percent as approved by Congress; or (3) re16 sults from any general savings, including savings from a

17 reduction in personnel, which would result in a change in

18 existing programs, activities, or projects as approved by

19 Congress; unless the Appropriations Committees of both

20 Houses of Congress are notified 15 days in advance of

21 such reprogramming of funds.

22 SEC. 606. None of the funds made available in this

23 Act may be used for the construction, repair (other than

24 emergency repair), overhaul, conversion, or modernization

25 of vessels for the National Oceanic and Atmospheric Ad-
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1 ministration in shipyards located outside of the United

2 States.

3 SEC. 607. None of the funds made available in this

4 Act may be used to implement, administer, or enforce any

5 guidelines of the Equal Employment Opportunity Com6 mission covering harassment based on religion, when it is

7 made known to the Federal entity or official to which such

8 funds are made available that such guidelines do not differ

9 in any respect from the proposed guidelines published by

10 the Commission on October 1, 1993 (58 Fed. Reg.

11 51266).

12 SEC. 608. None of the funds made available by this

13 Act may be used for any United Nations undertaking

14 when it is made known to the Federal official having au15 thority to obligate or expend such funds that: (1) the

16 United Nations undertaking is a peacekeeping mission; (2)

17 such undertaking will involve United States Armed Forces

18 under the command or operational control of a foreign na19 tional; and (3) the President’s military advisors have not

20 submitted to the President a recommendation that such

21 involvement is in the national security interests of the

22 United States and the President has not submitted to the

23 Congress such a recommendation.

24 SEC. 609. The Departments of Commerce, Justice,

25 and State, the Judiciary, the Securities and Exchange
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1 Commission and the Small Business Administration shall

2 provide to the Committees on Appropriations of the Sen3 ate and of the House of Representatives a quarterly ac4 counting of the cumulative balances of any unobligated

5 funds that were received by such agency during any pre6 vious fiscal year.

7 SEC. 610. (a) None of the funds appropriated or oth8 erwise made available by this Act shall be expended for

9 any purpose for which appropriations are prohibited by

10 section 609 of the Departments of Commerce, Justice, and

11 State, the Judiciary, and Related Agencies Appropriations

12 Act, 1999.

13 (b) The requirements in subparagraphs (A) and (B)

14 of section 609 of that Act shall continue to apply during

15 fiscal year 2005.

16 SEC. 611. Any costs incurred by a department or

17 agency funded under this Act resulting from personnel ac18 tions taken in response to funding reductions included in

19 this Act shall be absorbed within the total budgetary re20 sources available to such department or agency: Provided,

21 That the authority to transfer funds between appropria22 tions accounts as may be necessary to carry out this sec23 tion is provided in addition to authorities included else24 where in this Act: Provided further, That use of funds to

25 carry out this section shall be treated as a reprogramming
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1 of funds under section 605 of this Act and shall not be

2 available for obligation or expenditure except in compli3 ance with the procedures set forth in that section.

4 SEC. 612. None of the funds provided by this Act

5 shall be available to promote the sale or export of tobacco

6 or tobacco products, or to seek the reduction or removal

7 by any foreign country of restrictions on the marketing

8 of tobacco or tobacco products, except for restrictions

9 which are not applied equally to all tobacco or tobacco

10 products of the same type.

11 SEC. 613. (a) None of the funds appropriated or oth12 erwise made available by this Act shall be expended for

13 any purpose for which appropriations are prohibited by

14 section 616 of the Departments of Commerce, Justice, and

15 State, the Judiciary, and Related Agencies Appropriations

16 Act, 1999.

17 (b) The requirements in subsections (b) and (c) of

18 section 616 of that Act shall continue to apply during fis19 cal year 2005.

20 SEC. 614. None of the funds appropriated pursuant

21 to this Act or any other provision of law may be used for—

22 (1) the implementation of any tax or fee in con23 nection with the implementation of subsection 922(t)

24 of title 18, United States Code; and
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1 (2) any system to implement subsection 922(t)

2 of title 18, United States Code, that does not re3 quire and result in the destruction of any identifying

4 information submitted by or on behalf of any person

5 who has been determined not to be prohibited from

6 possessing or receiving a firearm no more than 24

7 hours after the system advises a Federal firearms li8 censee that possession or receipt of a firearm by the

9 prospective transferee would not violate subsection

10 (g) or (n) of section 922 of title 18, United States

11 Code, or State law.

12 SEC. 615. Notwithstanding any other provision of

13 law, amounts deposited or available in the Fund estab14 lished under 42 U.S.C. 10601 in any fiscal year in excess

15 of $650,000,000 shall not be available for obligation until

16 the following fiscal year.

17 SEC. 616. None of the funds made available to the

18 Department of Justice in this Act may be used to discrimi19 nate against or denigrate the religious or moral beliefs of

20 students who participate in programs for which financial

21 assistance is provided from those funds, or of the parents

22 or legal guardians of such students.

23 SEC. 617. None of the funds appropriated or other24 wise made available to the Department of State shall be

25 available for the purpose of granting either immigrant or
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1 nonimmigrant visas, or both, consistent with the deter2 mination of the Secretary of State under section 243(d)

3 of the Immigration and Nationality Act, to citizens, sub4 jects, nationals, or residents of countries that the Sec5 retary of Homeland Security has determined deny or un6 reasonably delay accepting the return of citizens, subjects,

7 nationals, or residents under that section.

8 SEC. 618. None of the funds made available to the

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

10 purpose of transporting an individual who is a prisoner

11 pursuant to conviction for crime under State or Federal

12 law and is classified as a maximum or high security pris13 oner, other than to a prison or other facility certified by

14 the Federal Bureau of Prisons as appropriately secure for

15 housing such a prisoner.

16 SEC. 619. (a) None of the funds appropriated by this

17 Act may be used by Federal prisons to purchase cable tele18 vision services, to rent or purchase videocassettes, video19 cassette recorders, or other audiovisual or electronic equip20 ment used primarily for recreational purposes.

21 (b) The preceding sentence does not preclude the

22 renting, maintenance, or purchase of audiovisual or elec23 tronic equipment for inmate training, religious, or edu24 cational programs.
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1 SEC. 620. None of the funds made available in this

2 Act may be transferred to any department, agency, or in3 strumentality of the United States Government, except

4 pursuant to a transfer made by, or transfer authority pro5 vided in, this Act or any other appropriation Act.

6 SEC. 621. The Departments of Commerce, Justice,

7 State, the Judiciary, the Securities and Exchange Com8 mission and the Small Business Administration shall, not

9 later than two months after the date of the enactment of

10 this Act, certify that telecommuting opportunities are

11 made available to 100 percent of the eligible workforce:

12 Provided, That, of the total amounts appropriated to the

13 Departments of Commerce, Justice, State, the Judiciary,

14 the Securities and Exchange Commission and the Small

15 Business Administration, $5,000,000 shall be available

16 only upon such certification: Provided further, That each

17 Department or agency shall provide quarterly reports to

18 the Committees on Appropriations on the status of tele19 commuting programs, including the number of Federal

20 employees eligible for, and participating in, such pro21 grams: Provided further, That each Department or agency

22 shall designate a ‘‘Telework Coordinator’’ to be respon23 sible for overseeing the implementation and operations of

24 telecommuting programs, and serve as a point of contact

25 on such programs for the Committees on Appropriations.
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1 SEC. 622. (a) Tracing studies conducted by the Bu2 reau of Alcohol, Tobacco, Firearms and Explosives are re3 leased without adequate disclaimers regarding the limita4 tions of the data.

5 (b) The Bureau of Alcohol, Tobacco, Firearms and

6 Explosives shall include in all such data releases, language

7 similar to the following that would make clear that trace

8 data cannot be used to draw broad conclusions about fire9 arms-related crime:

10 (1) Firearm traces are designed to assist law

11 enforcement authorities in conducting investigations

12 by tracking the sale and possession of specific fire13 arms. Law enforcement agencies may request fire14 arms traces for any reason, and those reasons are

15 not necessarily reported to the Federal Government.

16 Not all firearms used in crime are traced and not all

17 firearms traced are used in crime.

18 (2) Firearms selected for tracing are not chosen

19 for purposes of determining which types, makes or

20 models of firearms are used for illicit purposes. The

21 firearms selected do not constitute a random sample

22 and should not be considered representative of the

23 larger universe of all firearms used by criminals, or

24 any subset of that universe. Firearms are normally

25 traced to the first retail seller, and sources reported
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1 for firearms traced do not necessarily represent the

2 sources or methods by which firearms in general are

3 acquired for use in crime.

4 SEC. 623. None of the funds appropriated or other5 wise made available under this Act may be used to issue

6 patents on claims directed to or encompassing a human

7 organism.

8 SEC. 624. None of the funds made available in this

9 Act may be used to pay expenses for any United States

10 delegation to the United Nations Human Rights Commis11 sion if such commission is chaired or presided over by a

12 country, the government of which the Secretary of State

13 has determined, for purposes of section 6(j)(1) of the Ex14 port Administration Act of 1979 (50 U.S.C. App.

15 2405(j)(1)), has repeatedly provided support for acts of

16 international terrorism.

17 SEC. 625. Section 604 of the Secure Embassy Con18 struction and Counterterrorism Act of 1999 (title VI of

19 division A of H.R. 3427, as enacted by section 1000(a)(7)

20 of Public Law 106–113) is amended by adding the fol21 lowing new subsection at the end:

22 ‘‘(e) CAPITAL SECURITY COST SHARING.—

23 ‘‘(1) AUTHORITY.—Notwithstanding any other

24 provision of law, all agencies with personnel overseas

25 subject to chief of mission authority pursuant to sec-
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1 tion 207 of the Foreign Service Act of 1980 (22

2 U.S.C. 3927) shall participate and provide funding

3 in advance for their share of costs of providing new,

4 safe, secure United States diplomatic facilities, with5 out offsets, on the basis of the total overseas pres6 ence of each agency as determined annually by the

7 Secretary of State in consultation with such agency.

8 Amounts advanced by such agencies to the Depart9 ment of State shall be credited to the Embassy Se10 curity, Construction and Maintenance account, and

11 remain available until expended.

12 ‘‘(2) IMPLEMENTATION.—Implementation of

13 this subsection shall be carried out in a manner that

14 encourages right-sizing of each agency’s overseas

15 presence.

16 ‘‘(3) EXCLUSION.—For purposes of this sub17 section ‘agency’ does not include the Marine Secu18 rity Guard.’’.

19 SEC. 626. It is the sense of the Congress that the

20 Secretary of State, at the most immediate opportunity,

21 should—

22 (1) make a determination as to whether recent

23 events in the Darfur region of Sudan constitute

24 genocide as defined in the Convention on the Pre-
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1 vention and Punishment of the Crime of Genocide;

2 and

3 (2) support the investigation and prosecution of

4 war crimes and crimes against humanity committed

5 in the Darfur region of Sudan.

6 TITLE VII—RESCISSIONS

7 DEPARTMENT OF JUSTICE

8 OFFICE OF JUSTICE PROGRAMS

9 STATE AND LOCAL LAW ENFORCEMENT ASSISTANCE

10 (RESCISSION)

11 Of the unobligated balances available under this

12 heading, $20,000,000 are rescinded.

13 COMMUNITY ORIENTED POLICING SERVICES

14 (RESCISSION)

15 Of the unobligated balances available under this

16 heading, $61,000,000 are rescinded.

17 TITLE VIII—ADDITIONAL GENERAL

18 PROVISIONS

19 SEC. 801. None of the funds made available in this

20 Act may be used to implement, administer, or enforce the

21 amendments made to sections 740.12 of title 15, Code of

22 Federal Regulations (relating to license exemptions for

23 gift parcels and humanitarian donations for Cuba), and

24 740.14 of such title (relating to license exemptions for

25 baggage taken by individuals for travel to Cuba), as pub-
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1 lished in the Federal Register on June 22, 2004 (69 Fed.

2 Reg. 34565–34567).

3 SEC. 802. None of the funds made available in this

4 Act may be used in contravention of the provisions of sec5 tion 214(d) of the Foreign Relations Authorization Act,

6 Fiscal Year 2003 (Public Law 107–228).

7 SEC. 803. None of the funds made available in this

8 Act may be used in contravention of the provisions of sub9 sections (e) and (f) of section 301 of the United States

10 Leadership Against HIV/AIDS, Tuberculosis, and Malaria

11 Act of 2003 (Public Law 108–25; 22 U.S.C. 7631(e) and

12 (f)).

13 This Act may be cited as the ‘‘Departments of Com14 merce, Justice, and State, the Judiciary, and Related

15 Agencies Appropriations Act, 2005’’.

Passed the House of Representatives July 7, 2004.

Attest:

Clerk.