H. R. 4818—303
account for fiscal year 2005, and the Secretary of the Interior
and the Secretary of Agriculture shall submit a joint report to
the Committees on Appropriations of the Senate and the House
of Representatives on such cost containment measures by December
31, 2005: Provided further, That Public Law 108–287, title X,
chapter 3 is amended under the heading ‘‘Department of the
Interior, Bureau of Land Management, Wildland Fire Manage-
ment’’, by striking the phrases ‘‘for fiscal year 2004’’ and ‘‘related
to the fiscal year 2004 fire season’’ in the text preceding the first
proviso.
DEPARTMENT OF AGRICULTURE
FOREST SERVICE
WILDLAND FIRE MANAGEMENT
For an additional amount for ‘‘Wildland Fire Management’’,
$400,000,000, to remain available until expended, for urgent
wildland fire suppression activities pursuant to section 312 of S.
Con. Res. 95 (108th Congress) as made applicable to the House
of Representatives by H. Res. 649 (108th Congress) and applicable
to the Senate by section 14007 of Public Law 108–287: Provided,
That such funds shall only become available if funds provided
for wildland fire suppression in title II of this Act will be exhausted
imminently and the Secretary of Agriculture notifies the House
and Senate Committees on Appropriations and the House and
Senate Committees on the Budget in writing of the need for these
additional funds: Provided further, That such funds are also avail-
able for repayment to other appropriation accounts from which
funds were transferred for wildfire suppression: Provided further,
That cost containment measures shall be implemented within this
account for fiscal year 2005, and the Secretary of Agriculture and
the Secretary of the Interior shall submit a joint report to the
Committees on Appropriations of the Senate and the House of
Representatives on such cost containment measures by December
31, 2005: Provided further, That the Secretary of Agriculture shall
establish an independent cost-control review panel to examine and
report on fire suppression costs for individual wildfire incidents
that exceed $10,000,000 in cost: Provided further, That if the inde-
pendent review panel report finds that appropriate actions were
not taken to control suppression costs for one or more such wildfire
incidents, then an amount equal to the aggregate estimated excess
costs of suppressing those wildfire incidents shall be transferred
to the Treasury from unobligated balances remaining at the end
of fiscal year 2005 in the Wildland Fire Management account:
Provided further, That Public Law 108–287, title X, chapter 3
is amended under the heading ‘‘Department of Agriculture, Forest
Service, Wildland Fire Management’’, by striking the phrases ‘‘for
fiscal year 2004’’ and ‘‘related to the fiscal year 2004 fire season’’
in the text preceding the first proviso.
TITLE V
SEC. 501. (a) ACROSS-THE-BOARD RESCISSIONS.—There is hereby
rescinded an amount equal to 0.594 percent of—
(1) the budget authority provided for fiscal year 2005 for
any discretionary account in this Act; and
H. R. 4818—304
(2) the budget authority provided in any advance appropria-
tion for fiscal year 2005 for any discretionary account in the
Department of the Interior and Related Agencies Appropria-
tions Act, 2004.
(b) PROPORTIONATE APPLICATION.—Any rescission made by sub-
section (a) shall be applied proportionately—
(1) to each discretionary account and each item of budget
authority described in subsection (a); and
(2) within each such account and item, to each program,
project, and activity (with programs, projects, and activities
as delineated in the appropriation Act or accompanying reports
for the relevant fiscal year covering such account or item,
or for accounts and items not included in appropriation Acts,
as delineated in the most recently submitted President’s
budget).
(c) INDIAN LAND AND WATER CLAIM SETTLEMENTS.—Under the
heading ‘‘Bureau of Indian Affairs, Indian Land and Water Claim
Settlements and Miscellaneous Payments to Indians’’, the across-
the-board rescission in this section, and any subsequent across-
the-board rescission for fiscal year 2005, shall apply only to the
first dollar amount in the paragraph and the distribution of the
rescission shall be at the discretion of the Secretary of the Interior
who shall submit a report on such distribution and the rationale
therefor to the House and Senate Committees on Appropriations.
This division may be cited as the ‘‘Department of the Interior
and Related Agencies Appropriations Act, 2005’’.
DIVISION F—DEPARTMENTS OF LABOR, HEALTH AND
HUMAN SERVICES, AND EDUCATION, AND RELATED
AGENCIES APPROPRIATIONS ACT, 2005
TITLE I—DEPARTMENT OF LABOR
EMPLOYMENT AND TRAINING ADMINISTRATION
TRAINING AND EMPLOYMENT SERVICES
(INCLUDING RESCISSION)
For necessary expenses of the Workforce Investment Act of
1998, including the purchase and hire of passenger motor vehicles,
the construction, alteration, and repair of buildings and other facili-
ties, and the purchase of real property for training centers as
authorized by such Act; $2,898,957,000 plus reimbursements, of
which $1,885,794,000 is available for obligation for the period July
1, 2005 through June 30, 2006; except that amounts determined
by the Secretary of Labor to be necessary pursuant to sections
173(a)(4)(A) and 174(c) of such Act shall be available from October
1, 2004 until expended; of which $994,242,000 is available for
obligation for the period April 1, 2005 through June 30, 2006,
to carry out chapter 4 of the Act; and of which $16,321,000 is
available for the period July 1, 2005 through June 30, 2008 for
necessary expenses of construction, rehabilitation, and acquisition
of Job Corps centers: Provided, That notwithstanding any other
provision of law, of the funds provided herein under section 137(c)
of the Workforce Investment Act of 1998, $283,371,000 shall be
for activities described in section 132(a)(2)(A) of such Act and
$1,196,048,000 shall be for activities described in section
H. R. 4818—305
132(a)(2)(B) of such Act: Provided further, That $250,000,000 shall
be available for Community-Based Job Training Grants, of which
$125,000,000 
shall 
be 
from 
funds 
reserved 
under 
section
132(a)(2)(A) of the Workforce Investment Act of 1998 and shall
be used to carry out such grants under section 171(d) of such
Act, except that the 10 percent limitation otherwise applicable
to the amount of funds that may be used to carry out section
171(d) shall not be applicable to funds used for Community-Based
Job Training grants: Provided further, That funds provided to carry
out section 132(a)(2)(A) of the Workforce Investment Act of 1998
may be used to provide assistance to a State for State-wide or
local use in order to address cases where there have been worker
dislocations across multiple sectors or across multiple local areas
and such workers remain dislocated; coordinate the State workforce
development plan with emerging economic development needs; and
train such eligible dislocated workers: Provided further, That
$8,000,000 shall be for carrying out section 172 of the Workforce
Investment Act of 1998: Provided further, That, notwithstanding
any other provision of law or related regulation, $76,874,000 shall
be for carrying out section 167 of the Workforce Investment Act
of 1998, including $71,787,000 for formula grants, $4,583,000 for
migrant and seasonal housing (of which not less than 70 percent
shall be for permanent housing), and $504,000 for other discre-
tionary purposes: Provided further, That notwithstanding the
transfer limitation under section 133(b)(4) of such Act, up to 30
percent of such funds may be transferred by a local board if
approved by the Governor: Provided further, That funds provided
to carry out section 171(d) of the Workforce Investment Act of
1998 may be used for demonstration projects that provide assistance
to new entrants in the workforce and incumbent workers: Provided
further, That funding provided to carry out projects under section
171 of the Workforce Investment Act of 1998 that are identified
in the Conference Agreement, shall not be subject to the require-
ments of section 171(b)(2)(B) of such Act, the requirements of section
171(c)(4)(D) of such Act, the joint funding requirements of sections
171(b)(2)(A) and 171(c)(4)(A) of such Act, or any time limit require-
ments of sections 171(b)(2)(C) and 171(c)(4)(B) of such Act: Provided
further, That no funds from any other appropriation shall be used
to provide meal services at or for Job Corps centers.
For necessary expenses of the Act, including the purchase and
hire of passenger motor vehicles, the construction, alteration, and
repair of buildings and other facilities, and the purchase of real
property 
for 
training 
centers 
as 
authorized 
by 
the 
Act;
$2,463,000,000 plus reimbursements, of which $2,363,000,000 is
available for obligation for the period October 1, 2005 through
June 30, 2006, and of which $100,000,000 is available for the
period October 1, 2005 through June 30, 2008, for necessary
expenses of construction, rehabilitation, and acquisition of Job Corps
centers.
Of the funds provided under this heading in Public Law 108–
199 for the Employment and Training Administration, $2,200,000
shall be for a non-competitive grant to the AFL–CIO Appalachian
Council, Incorporated, and shall be awarded no later than January
31, 2005.
Of the funds provided under this heading in Public Law 108–
199 for the Employment and Training Administration $1,500,000
shall be for a non-competitive grant to the AFL–CIO Working