H. R. 4818—110
information; $250,000 shall be available for a grant to Pro Co
Technology, Inc., in the Bronx, New York, for a computer training
center; $50,000 shall be available for a grant for the Promesa
Foundation in the Bronx, New York, to provide community growth
funding; $200,000 shall be available for a grant to Bronx Shepherds
for community programs; $150,000 shall be available for a grant
to HOGAR, Inc., in the Bronx, New York; $200,000 shall be avail-
able for a grant to Promesa Enterprises to provide services and
support to community based organizations in the Bronx, New York;
$200,000 for the Arthur Avenue Retail Market in the Bronx, New
York, for facility, improvement, and maintenance needs to meet
the Market’s business requirements; $200,000 shall be available
for a grant to Pregones Theater in the Bronx, New York, for
business infrastructure; $200,000 shall be available for a grant
to Presbyterian Senior Services for their Grandparent Family Apart-
ments project and programs in the Bronx, New York; $100,000
shall be available for a grant to Thorpe Family Residence, Inc.,
to continue its services and programs in the Bronx, New York;
$100,000 shall be available for a grant to the Puerto Rican Traveling
Theater in the Bronx, New York, for outreach and programs;
$100,000 shall be available for Casita Maria’s Career and College
Placement Preparation to be implemented in coordination with
business partners in New York City; $1,100,000 shall be available
for a grant to the MountainMade Foundation to fulfill its charter
purposes and to continue the initiative developed by the NTTC
for outreach and promotion, business and sites development, the
education of artists and craftspeople, and to promote small
businesses, artisans and their products through market develop-
ment, advertisement, commercial sale and other promotional means;
$1,000,000 shall be available for a grant for Northwest Shoals
Community College to complete the Center for Business and
Industry; $1,000,000 shall be available for the Rhode Island School
of Design in Providence, Rhode Island, for the continued moderniza-
tion of the Mason Building; $1,000,000 shall be available for a
grant to the Norwegian American Foundation to fulfill its charter
purposes; $750,000 shall be available for a grant to St. Mary’s
College for a telecommunications initiative; $400,000 shall be avail-
able for a grant to the Economic Growth Council Procurement
Assistance Program; $500,000 shall be available for a grant to
Johnstown Area Regional Industries in Pennsylvania for an
enhanced economic development initiative; $300,000 shall be avail-
able for a grant to the Good Old Lower East Side organization
for a small business economic development initiative for the Lower
East Side, New York; $200,000 shall be available for a grant for
the Sunnyside Chamber of Commerce to conduct a redevelopment
study for Sunnyside, Queens, New York, and to implement improve-
ments.
(b) Section 621 of division B of Public Law 108–199 is
amended—
(1) by striking ‘‘$1,000,000 shall be available for the Provi-
dence, Rhode Island Center for Women and Enterprise for
infrastructure development;’’ and inserting ‘‘$100,000 shall be
available for the Providence, Rhode Island Center for Women
and Enterprise for small business development programs and
infrastructure development; $900,000 shall be available for the
Rhode Island School of Design in Providence, Rhode Island,
for the continued modernization of the Mason Building;’’,
H. R. 4818—111
(2) by inserting ‘‘for the purpose of conducting the program
and providing financial assistance’’ after ‘‘the Economic Growth
Connection Paperless Procurement Program’’, and
(3) by inserting ‘‘and to implement improvements’’ after
‘‘the Ridgewood Myrtle Avenue Business Improvement District
to conduct a redevelopment study’’.
SEC. 620. All disaster loans issued in Alaska shall be adminis-
tered by the Small Business Administration and shall not be sold
during fiscal year 2005.
SEC. 621. None of the funds made available in this Act may
be transferred to any department, agency, or instrumentality of
the United States Government, except pursuant to a transfer made
by, or transfer authority provided in, this Act or any other appro-
priation Act.
SEC. 622. The Departments of Commerce, Justice, State, the
Judiciary, the Securities and Exchange Commission and the Small
Business Administration shall, not later than two months after
the date of the enactment of this Act, certify that telecommuting
opportunities are made available to 100 percent of the eligible
workforce: Provided, That, of the total amounts appropriated to
the Departments of Commerce, Justice, State, the Judiciary, the
Securities and Exchange Commission and the Small Business
Administration, $5,000,000 shall be available only upon such certifi-
cation: Provided further, That each Department or agency shall
provide quarterly reports to the Committees on Appropriations on
the status of telecommuting programs, including the number of
Federal employees eligible for, and participating in, such programs:
Provided further, That each Department or agency shall designate
a ‘‘Telework Coordinator’’ to be responsible for overseeing the
implementation and operations of telecommuting programs, and
serve as a point of contact on such programs for the Committees
on Appropriations.
SEC. 623. With the consent of the President, the Secretary
of Commerce shall represent the United States Government in
negotiating and monitoring international agreements regarding
fisheries, marine mammals, or sea turtles: Provided, That the Sec-
retary of Commerce shall be responsible for the development and
interdepartmental coordination of the policies of the United States
with respect to the international negotiations and agreements
referred to in this section.
SEC. 624. (a) Tracing studies conducted by the Bureau of
Alcohol, Tobacco, Firearms and Explosives are released without
adequate disclaimers regarding the limitations of the data.
(b) The Bureau of Alcohol, Tobacco, Firearms and Explosives
shall include in all such data releases, language similar to the
following that would make clear that trace data cannot be used
to draw broad conclusions about firearms-related crime:
(1) Firearm traces are designed to assist law enforcement
authorities in conducting investigations by tracking the sale
and possession of specific firearms. Law enforcement agencies
may request firearms traces for any reason, and those reasons
are not necessarily reported to the Federal Government. Not
all firearms used in crime are traced and not all firearms
traced are used in crime.
(2) Firearms selected for tracing are not chosen for purposes
of determining which types, makes or models of firearms are
used for illicit purposes. The firearms selected do not constitute
H. R. 4818—112
a random sample and should not be considered representative
of the larger universe of all firearms used by criminals, or
any subset of that universe. Firearms are normally traced
to the first retail seller, and sources reported for firearms
traced do not necessarily represent the sources or methods
by which firearms in general are acquired for use in crime.
SEC. 625. None of the funds made available in this Act may
be used in violation of section 212(a)(10)(C) of the Immigration
and Nationality Act.
SEC. 626. None of the funds appropriated or otherwise made
available under this Act may be used to issue patents on claims
directed to or encompassing a human organism.
SEC. 627. None of the funds made available in this Act may
be used to pay expenses for any United States delegation to any
specialized agency, body, or commission of the United Nations if
such commission is chaired or presided over by a country, the
government of which the Secretary of State has determined, for
purposes of section 6(j)(1) of the Export Administration Act of
1979 (50 U.S.C. App. 2405(j)(1)), has provided support for acts
of international terrorism.
SEC. 628. (a) The Department of Justice, the Department of
Homeland Security, and the Department of State shall jointly con-
duct a thorough study of all matters relating to the efficiency
and effectiveness of the interagency process used to review applica-
tions for nonimmigrant visas issued under section 221(a)(1)(B) of
the Immigration and Nationality Act (8 U.S.C. 1201(a)(1)(B)). The
Department of Justice, the Department of Homeland Security, and
the Department of State shall, in conducting this study, develop
recommendations on—
(1) clearance procedures for nonimmigrant visas that
should be eliminated;
(2) such procedures that should be continued;
(3) the appropriate Federal agencies or departments or
entities that should participate in each such procedure; and
(4) legislation that could be enacted to increase the effi-
ciency and effectiveness of such procedures.
(b) Not later than 1 year after the date of enactment of this
Act, the Department of Justice, the Department of Homeland Secu-
rity, and the Department of State shall jointly submit a report
to the Committees on Appropriations of the Senate and House
of Representatives which shall contain a detailed statement of
the findings and conclusions of the study referred to in subsection
(a), together with recommendations for such legislation and
administrative actions as the Department of Justice, the Depart-
ment of Homeland Security, and the Department of State consider
appropriate. The report may be submitted in a classified and
unclassified form.
SEC. 629. Section 604 of the Secure Embassy Construction
and Counterterrorism Act of 1999 (title VI of division A of H.R.
3427, as enacted by section 1000(a)(7) of Public Law 106–113)
is amended by adding the following new subsection at the end:
‘‘(e) CAPITAL SECURITY COST SHARING.—
‘‘(1) AUTHORITY.—Notwithstanding any other provision of
law, all agencies with personnel overseas subject to chief of
mission authority pursuant to section 207 of the Foreign Service
Act of 1980 (22 U.S.C. 3927) shall participate and provide
funding in advance for their share of costs of providing new,
H. R. 4818—113
safe, secure United States diplomatic facilities, without offsets,
on the basis of the total overseas presence of each agency
as determined annually by the Secretary of State in consulta-
tion with such agency. Amounts advanced by such agencies
to the Department of State shall be credited to the Embassy
Security, Construction and Maintenance account, and remain
available until expended.
‘‘(2) IMPLEMENTATION.—Implementation of this subsection
shall be carried out in a manner that encourages right-sizing
of each agency’s overseas presence.
‘‘(3) EXCLUSION.—For purposes of this subsection ‘agency’
does not include the Marine Security Guard.’’.
SEC. 630. (a) Except as provided in subsection (b), a project
to construct a diplomatic facility of the United States may not
include office space or other accommodations for an employee of
a Federal agency or department if the Secretary of State determines
that such department or agency has not provided to the Department
of State the full amount of funding required by subsection (e)
of 
section 
604 
of 
the 
Secure 
Embassy 
Construction 
and
Counterterrorism Act of 1999 (as enacted into law by section
1000(a)(7) of Public Law 106–113 and contained in appendix G
of that Act; 113 Stat. 1501A–453), as added by section 629 of
this Act.
(b) Notwithstanding the prohibition in subsection (a), a project
to construct a diplomatic facility of the United States may include
office space or other accommodations for members of the Marine
Corps.
SEC. 631. It is the sense of the Congress that the Secretary
of State, at the most immediate opportunity, should—
(1) make a determination as to whether recent events
in the Darfur region of Sudan constitute genocide as defined
in the Convention on the Prevention and Punishment of the
Crime of Genocide; and
(2) support the investigation and prosecution of war crimes
and crimes against humanity committed in the Darfur region
of Sudan.
SEC. 632. None of the funds made available in this Act shall
be used in any way whatsoever to support or justify the use of
torture by any official or contract employee of the United States
Government.
SEC. 633. (a) Section 111(b) of Public Law 102–395 (21 U.S.C.
886a) is amended—
(1) by redesignating paragraphs (1) through (5) as subpara-
graphs (A) through (E), and indenting accordingly;
(2) in subparagraph (B), as redesignated, by striking ‘‘pro-
gram.’’ and inserting ‘‘program. Such reimbursements shall be
made without distinguishing between expenses related to con-
trolled substance activities and expenses related to chemical
activities.’’;
(3) by striking ‘‘There is established’’ and inserting the
following: ‘‘(1) IN GENERAL.—There is established’’; and
(4) by adding at the end the following:
‘‘(2) DEFINITIONS.—In this section:
‘‘(A) DIVERSION CONTROL PROGRAM.—The term ‘diver-
sion control program’ means the controlled substance and
chemical diversion control activities of the Drug Enforce-
ment Administration.